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

Vol. 151 WASHINGTON, WEDNESDAY, APRIL 6, 2005 No. 38 House of Representatives The House met at 10 a.m. and was THE JOURNAL the fastest growing congregations in called to order by the Speaker pro tem- The SPEAKER pro tempore. The America. pore (Mr. DELAY). Chair has examined the Journal of the A dedicated community servant as last day’s proceedings and announces well as pastor, Pastor Hardwick has f to the House his approval thereof. been appointed by the Governor of Ten- Pursuant to clause 1, rule I, the Jour- nessee to serve 8 years on the Board of DESIGNATION OF THE SPEAKER nal stands approved. Trustees of the State Mental Health PRO TEMPORE Association. He is a member of the f Metro Pastors Association, 12 of Nash- The SPEAKER pro tempore laid be- PLEDGE OF ALLEGIANCE ville’s most distinguished ministers. He fore the House the following commu- has been a key part of the board of Op- nication from the Speaker: The SPEAKER pro tempore. Will the eration Andrew, which is the outreach WASHINGTON, DC, gentleman from Tennessee (Mr. COO- board for Pastor Billy Graham and his April 6, 2005. PER) come forward and lead the House ministry in uniting the body of Christ I hereby appoint the Honorable TOM DELAY in the Pledge of Allegiance. in Middle Tennessee. This year, Pastor to act as Speaker pro tempore on this day. Mr. COOPER led the Pledge of Alle- Hardwick and his wife, Montelle, are J. DENNIS HASTERT, giance as follows: Speaker of the House of Representatives. celebrating their 55th year of marriage. I pledge allegiance to the Flag of the So, Mr. Speaker, it is again an honor United States of America, and to the Repub- and privilege to be able to welcome f lic for which it stands, one nation under God, indivisible, with liberty and justice for all. such a distinguished individual to the U.S. House of Representatives. Pastor PRAYER f L.H. Hardwick, Jr., is truly a fine man The Reverend L.H. Hardwick, Jr., INTRODUCTION OF GUEST PASTOR, and did a wonderful job in delivering Pastor, Christ Church, Nashville, TN, THE REVEREND L.H. HARDWICK, our opening prayer. offered the following prayer: JR. f Almighty God, whose law kindles human conscience and sustains human (Mr. COOPER asked and was given ANNOUNCEMENT BY THE SPEAKER government, we acknowledge our Na- permission to address the House for 1 PRO TEMPORE tion to be yet sustained by those pre- minute and to revise and extend his re- The SPEAKER pro tempore. The cepts our Founders committed us to marks.) Chair desires to make an announce- keep. Strengthen, we pray, the founda- Mr. COOPER. Mr. Speaker, I am hon- ment. tions of this land. Save us from any ored today to introduce as our guest After consultation among the Speak- hardness of heart or from the cynical chaplain my good friend Reverend L.H. er, the majority and minority leaders, disregard for Your ways. Deliver us, O Hardwick, Jr., the senior pastor of the Chair announces that during the Lord, from petty dissension. Increase Christ Church in Nashville, TN. joint meeting to hear an address by His our civility. Cultivate in us all that is Reverend Hardwick was born and Excellency Viktor Yushchenko, Presi- good, beautiful, and true. raised in Nashville, and he attended dent of Ukraine, only the doors imme- Grant to our leaders a tender spirit the Freewill Baptist Bible College be- diately opposite the Speaker and those toward the people whose trust they fore he was called to the ministry at on his right and left will be open. hold and whose futures they influence. the remarkably young age of 18. Dr. No one will be allowed on the floor of Give them forbearance and grace one Hardwick has held honorary doctoral the House who does not have the privi- toward another, that they may faith- degrees from the Moody Theological lege of the floor of the House. fully discern the common good for our Seminary and Emmanuel Bible Col- Due to the large attendance that is country. lege. Reverend Hardwick is truly re- anticipated, the Chair feels the rule re- We ask You now to hold these, the markable and has dedicated over 54 garding the privilege of the floor must Members of the United States Con- years of faithful service to his con- be strictly adhered to. gress, in Your holy and mighty hand. gregation as pastor of Christ Church. Children of Members will not be per- May they do justly, love mercy, and The reverend has tirelessly led Christ mitted on the floor, and the coopera- walk humbly with their God. We con- Church through three moves due to tion of all Members is requested. fidently ask these things in the name growth, and now the church has over The practice of reserving seats prior of our Lord, Jesus Christ. Amen. 3,500 members and is listed as one of to the joint meeting by placard will

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

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VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.000 H06PT1 H1784 CONGRESSIONAL RECORD — HOUSE April 6, 2005 not be allowed. Members may reserve The Senator from Pennsylvania (Mr. These two mottos have a lot in com- their seat by physical presence only SANTORUM); mon. They speak to the strength of our following the security sweep of the The Senator from Texas (Mrs. peoples that comes from unity. They Chamber. HUTCHISON); speak of the victories of our peoples in f The Senator from Arizona (Mr. KYL); their struggles for freedom. The Senator from North Carolina For me the invitation to speak before RECESS (Mrs. DOLE); the Joint Session of Congress is an ex- The SPEAKER pro tempore. Pursu- The Senator from Indiana (Mr. pression of respect for my Ukrainian ant to the order of the House of Tues- LUGAR); nation. I am deeply honored to speak day, April 5, 2005, the House will stand The Senator from Nevada (Mr. REID); from the rostrum where before me in recess subject to the call of the The Senator from Illinois (Mr. DUR- stood so many great leaders: Winston Chair. BIN); Churchill, Lech Walesa, Nelson Accordingly (at 10 o’clock and 6 min- The Senator from Michigan (Ms. Mandela. utes a.m.), the House stood in recess STABENOW); and I am grateful for the unique oppor- subject to the call of the Chair. The Senator from New York (Mrs. tunity to address this great forum of During the recess, beginning at about CLINTON). the American people. I perceive your The Assistant to the Sergeant at 10:45 a.m., the following proceedings eagerness to hear the new Ukraine as a Arms announced the Acting Dean of were had: token of partnership of the two nations the Diplomatic Corps, the Honorable f united by shared democratic values. Jesse Bibiano Marehalau, Ambassador On behalf of the Ukrainian people, I 1045 b of Micronesia. would like to thank the United States JOINT MEETING OF THE HOUSE The Acting Dean of the Diplomatic Congress; U.S. Presidents George Walk- AND SENATE TO HEAR AN AD- Corps entered the Hall of the House of er Bush, Bill Clinton, George Bush; and DRESS BY HIS EXCELLENCY Representatives and took the seat re- the entire American Nation for their VIKTOR YUSHCHENKO, PRESI- served for him. invariable respect for Ukraine and The Assistant to the Sergeant at DENT OF UKRAINE their support for Ukraine’s democracy. Arms announced the Cabinet of the I would like to pay special tribute to The Speaker pro tempore (Mr. President of the United States. DELAY) presided. The Members of the Cabinet of the President Ronald Reagan. He is well re- The Assistant to the Sergeant at President of the United States entered membered in Ukraine for his deep com- Arms, Bill Sims, announced the Vice the Hall of the House of Representa- mitment to freedom of Ukraine. It is of special significance for me to President and Members of the U.S. tives and took the seats reserved for express our gratitude right in this Senate who entered the Hall of the them in front of the Speaker’s rostrum. House of Representatives, the Vice At 11 o’clock and 5 minutes a.m., the room. It is here that the Ukrainian na- President taking the chair at the right Assistant to the Sergeant at Arms an- tion enjoyed support in the hardest of the Speaker pro tempore, and the nounced the President of Ukraine, His times of its history. It is here where Members of the Senate the seats re- Excellency Viktor Yushchenko. the rights of enslaved nations were ad- served for them. The President of Ukraine, escorted vocated. It is from this hall where the The SPEAKER pro tempore. The by the committee of Senators and Rep- world came to know the truth about Chair appoints as member of the com- resentatives, entered the Hall of the the Holodomor, the genocide famine mittee on the part of the House to es- House of Representatives and stood at masterminded to annihilate millions of cort His Excellency Viktor the Clerk’s desk. Ukrainians. It is in this hall that free- Yushchenko into the Chamber: [Applause, the Members rising.] dom for Ukraine was voiced at a time The gentleman from Missouri (Mr. The SPEAKER pro tempore. Mem- when the nation was deprived of its BLUNT); bers of the Congress, it is my great own voice. Your words reached us and The gentlewoman from Ohio (Ms. privilege and I deem it a high honor gave us hope. We heard them because PRYCE); and a personal pleasure to present to at all times Ukrainians felt related to The gentleman from Georgia (Mr. you His Excellency Viktor Americans in the space of freedom. In KINGSTON); Yushchenko, President of Ukraine. this space of freedom, no Iron Curtain The gentleman from California (Mr. [Applause, the Members rising.] could divide us. In your city there is a monument to DOOLITTLE); f The gentleman from California (Mr. the Father of the Ukrainian nation, ADDRESS BY HIS EXCELLENCY GALLEGLY); the great poet Taras Shevchenko, The gentleman from Pennsylvania VIKTOR YUSHCHENKO, PRESI- whose prophecy of the emergence in DENT OF UKRAINE (Mr. WELDON); Ukraine of its own ‘‘Washington with a The gentlewoman from California (The following address was delivered new and righteous law’’ is enshrined on (Ms. PELOSI); in Ukrainian, with a simultaneous its pedestal. These verses have a pro- The gentleman from Maryland (Mr. translation in English.) found and special meaning for all HOYER); President YUSHCHENKO. Mr. Speak- Ukrainians. Shevchenko was inspired The gentleman from New Jersey (Mr. er and Mr. President, honorable Sen- by the invincible power of the words: MENENDEZ); ators and House Members, ladies and ‘‘That God has bestowed each man on The gentleman from California (Mr. gentlemen, on the wall of this great Earth with the right to life, liberty, LANTOS); building, there is the Latin phrase E and the pursuit of happiness.’’ This The gentlewoman from California Pluribus Unum, which means ‘‘Out of shared conviction determines the unity (Ms. HARMAN); and many, one.’’ This motto reminds the of Americans and Ukrainians, and no The gentlewoman from Ohio (Ms. world about the American Revolution, distances can obstruct it. KAPTUR). the starting point of the modern The American example of freedom The VICE PRESIDENT. The Presi- world’s history of liberty. has always been alluring. All the re- dent of the Senate, at the direction of My road here went through the or- gimes that have sought to suppress de- that body, appoints the following Sen- ange-colored Independence Square that mocracy in Ukraine would often en- ators as a committee on the part of the became known as Maidan. Millions of deavor to nurture anti-American pho- Senate to escort His Excellency Viktor people standing there continuously re- bias, but they would invariably fail. Ef- Yushchenko into the Chamber: peated it: ‘‘Together we are many, we forts of our American friends, who in The Senator from Tennessee (Mr. cannot be defeated.’’ This motto of the the past so generously shared their FRIST); Ukrainian Revolution is a reminder of democratic experience with us, en- The Senator from Kentucky (Mr. the fact that freedom continues to win. hanced the partnership between our MCCONNELL); Ukraine is opening a new page in the two nations. For me, gratitude for The Senator from Alaska (Mr. STE- world’s chronicle of liberty in the 21st these efforts has a personal dimension. VENS); century. It was through one of these programs

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.002 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1785 that I met my wife, Kateryna fairness and transparency will be se- attain high political, social, and eco- Chumachenko Yushchenko, whose love cured. The people themselves will not nomic standards. We have observed the and commitment gave me the strength allow it any other way. openness of European doors adding to to withstand the trials of the last The first indicator of change is the our neighbors’ confidence. It would be months and years. I want to use this ever-growing independence of mass unfair to deprive Ukrainians of these special opportunity to thank her for media. We have freed the press from opportunities, Ukrainians who so gra- being beside me even at the most dan- pressures. There are no more secret in- ciously proved their European identity, gerous lethal threat I withstood. structions on what may and what may of this chance. Also I want to thank the United not be covered. The monopoly of media Ukraine wishes to guarantee security States for helping my wife, like mil- by two or three oligarchic clans will be to its citizens, to live in peace and ac- lions of Ukrainians brought here by halted. We are building a free society, cord with all of its neighbors, whether waves of emigration, to learn the val- committed to freedom of speech; and in the East or in the West. It is only ues of freedom, and even still with we stand ready to defend it. logical that we target our efforts to- Ukraine in her heart. For me, each case of a journalist’s wards the integration to NATO, the al- Many noble men and women on both death is a challenge to democracy. We liance that plays an essential role in sides of the Atlantic have always be- wish to discover the truth about all securing peace and stability across the lieved in Ukraine’s democratic future. tragedies that have occurred in the European continent. Our common belief came true in the past years. Important evidence in the I am convinced that the European days of the Orange Revolution. We investigation of Georgiy Gongadze’s as- and Euro-Atlantic aspirations of highly appreciated the message sent by sassination case has already been ob- Ukraine will not be viewed as an addi- your country’s leadership before the tained. Not only the perpetrators, but tional hindrance. Ukraine’s integration elections and during the Orange Revo- those who contracted this crime will be is not a problem, but rather a great lution. It was clear and unambiguous. held responsible. new opportunity opening before our The U.S. condemned fraud and upheld Everybody who was killing politi- civilization. Ukraine’s right to freely elect their cians and journalists will stand trial, Ukraine’s accession to the European government. everybody who led the country to the Union will put an end to the division of This message enhanced our partner- split-up. We have a political will to re- Europe and provide a new impetus to ship and made it even stronger in the turn Ukrainians faith and belief in jus- our civilization. Ukraine’s accession to name of democracy. The Orange Revo- tice. the alliance means a new level of sta- lution gave evidence that Ukraine is an Our top priority task is to secure bility across a strategically vital re- advanced European nation, sharing the independence of our judiciary. Our goal gion, stretching from Warsaw to Tbilisi great values of the Euro-Atlantic civ- is to instill in Ukraine the rule of law. and to Baku. ilization. A civil society has matured We are building a society where there It is quite natural for me to dwell in Ukraine; its citizens stand ready to will be no room for intolerance. upon new opportunities while standing guard their rights and freedoms. My father, Andre Yushchenko, was a at this podium. The United States, like We Ukrainians are a diverse nation. prisoner of Auschwitz, Buchenwald and no other country, has always built its We speak different languages, we prac- Dachau. As a child, I heard my father’s policies on the premises of freedom, in- tice different religions, and we have stories about the hell of concentration stead of merely seeking to retain a bal- different political views. But we all camps. ance of power and interests. Since the recognize the right of each and every I am a son of a nation that survived times of President Wilson, this great individual to determine his or her the most terrible tragedies of the 20th idealism inspired Europeans, lending faith. This recognition underlines our century, the Holodomor famine that them strength and courage for historic unity and our strength. took away 20 million lives of Ukrain- changes. In the days of Revolution, millions of ians and the Holocaust. The 60th anni- President Reagan advocated these people went out to the Maidan, and not versary of the allied victory over Na- ideals of freedom when, in front of the a single act of violence, and I repeat, zism once again calls upon us to fulfill Berlin Wall, he challenged President not a single act of violence was re- our obligation to root out any expres- Gorbachev, ‘‘Tear down this wall, Mr. corded there. Under orange banners, sion of anti-Semitism and xenophobia, President.’’ the people shared bread and warmth, to secure minority rights and liberties. President Bush realized these ideals not only with friends, but with their I stand ready to fulfill this duty. All when he upheld the unification of Ger- opponents as well. Armed with belief citizens of Ukraine, whether they be many. President Clinton reminded us and convictions, the people overthrew Ukrainians, Russians, Jewish or any- of these ideals when he supported the a corrupt regime. The dirtiest election body else, will live in the society with accession into NATO of East European campaign in history ended with gra- open opportunities for everyone. and Baltic countries. cious victory and justice. Citizens of My oath is built on the reminiscences I deeply believe that America is Ukraine bowed down to the authority of the common prayer of hundreds of again ready for such historic decisions. of justice and have jointly assumed the thousands of people in the Maidan. I have no doubts that we will receive responsibility for their own faith. Christians, Jews, Muslims were pray- support for our efforts and our aspira- Ladies and gentlemen, today Ukraine ing in one prayer, everybody according tions. We do not want any more walls is looking into the future with great to their rites, with everybody asking dividing Europe, and I am certain that hope and expectation. Free and fair the Creator for one thing: freedom, neither do you. elections have brought to state offices fairness and blessing for Ukraine and Dear friends, the goal of my visit to a new generation of politicians not en- for each of its citizens. the U.S. is to establish a new era in cumbered with the mentality of the So- We are building an open economy Ukraine-U.S. relations. We do not seek viet past. These are honest and profes- that encourages innovation, rewards only thaws that alter chillings in our sional patriots. initiative, and assures high social relations. We seek a new atmosphere of We are working as one team in pur- standards. We are beginning an implac- trust, frankness and partnership. A suit of one goal, to lead our nation to able war on corruption, promoting fair new Ukraine offers the U.S. a genu- success in the shortest time possible. competition and forming transparent inely strategic partnership. We are shaping a new model of behav- government-to-business relations. My My discussions with President Bush ior of our government. It must safe- goal is to place Ukraine in the fore- have made it clear that Ukraine is guard the constitutional rights and front of prosperous democracies. My vi- being understood and supported. The freedoms of citizens. We want a govern- sion of the future is Ukraine in a time has come to make real steps to- ment of the people, by the people, and United Europe. wards each other. Step one, dear for the people. We view accession to the European friends, we want to bury the Cold War The new power will not permit any Union as an opportunity to realize the relics of the Senators and House Mem- administrative pressure upon the next potential of our country. For us, a Eu- bers. I am calling upon you to waive year’s parliamentary elections. Their ropean future is a powerful incentive to the Jackson-Vanik Amendment. Please

VerDate Aug 04 2004 23:59 Apr 06, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.004 H06PT1 H1786 CONGRESSIONAL RECORD — HOUSE April 6, 2005 make this step towards Ukraine. committed to jointly counter the JOINT MEETING DISSOLVED Please tear down this wall. threats posed by the proliferation of The SPEAKER pro tempore. The pur- Step two, the new Ukrainian Govern- weapons of mass destruction, missile pose of the joint meeting having been ment has on an unprecedented scale and nuclear technologies. completed, the Chair declares the joint opened the Ukrainian market, dra- Ukraine will be a reliable partner to meeting of the two Houses now dis- matically reducing customs restric- the U.S. in fighting terrorism. I am solved. tions. In return, we expect the United sure we will be able to overcome it and Accordingly, at 11 o’clock and 44 States to cancel their restrictions that not only by power of force. It is our ob- minutes a.m., the joint meeting of the apply to Ukrainian goods within the ligation to eradicate the sources of ter- two Houses was dissolved. U.S. market. I am calling upon you, la- rorism. We can defeat the ideology of The Members of the Senate retired to dies and gentlemen, please make this hatred that nourishes it. I am fully their Chamber. step. convinced that the time will come Step three, the nonrecognition of a when in the dictionary of world lan- f market-based economy status for guages, the term ‘‘terrorism’’ will be ANNOUNCEMENT BY THE SPEAKER Ukraine is an anachronism. Ukrainian followed by the footnote, ‘‘archaic PRO TEMPORE producers are deprived of the rights en- term.’’ The same footnote, I am sure, The SPEAKER pro tempore. The joyed by their competitors. The time will also accompany other shameful House will continue in recess until ap- has come to restore fairness. Three phenomena like racism, discrimina- proximately 12:15 p.m. days ago, Ukraine has officially re- tion, and slavery. quested the U.S. Government to grant We are witnessing the first successes f market-based economy to Ukraine, and of freedom in Iraq where Ukrainian sol- b 1215 we are requesting that you make it diers are risking their lives shoulder to happen by the fall. shoulder with their American counter- AFTER RECESS Step four, by November of this year, parts. Ukraine is eager to continue its The recess having expired, the House Ukraine must become a WTO member. support to a democratically elected was called to order by the Speaker pro I would encourage you, in the nearest Iraqi Government in addressing its eco- tempore (Mr. BOOZMAN) at 12 o’clock months, please support our WTO acces- nomic and security challenges. and 15 minutes p.m. sion. The array of subjects for our dialogue f Step five, we invite the United States is endless, but I would prefer to see the to during this year involve all polit- leading role played not by govern- PRINTING OF PROCEEDINGS HAD ical, financial, and technological re- mental, but by public diplomacy. Be- DURING RECESS sources to erect a new shelter over the fore my departure for the U.S., I re- Mrs. KELLY. Mr. Speaker, I ask destroyed reactor of Chernobyl power ceived a letter from a group of respect- unanimous consent that the pro- plant. I would ask the Congress to sup- able Ukrainian and American organiza- ceedings had during the recess be print- port virulent programs. tions proposing concrete and relevant ed in the RECORD. Step six, we want to see more subjects for expanding our dialogue. The SPEAKER pro tempore. Is there Ukrainian students learning in U.S. These initiatives I am sure are worthy objection to the request of the gentle- universities over the next 5 years. I of being supported. woman from New York? would encourage the Congress to fi- Ladies and gentlemen, John Fitz- There was no objection. nance such educational programs for gerald Kennedy took an oath before the Ukrainian students. f whole world by saying, ‘‘We shall pay Step seven, Ukraine has agreed to any price, bear any burden, meet any ANNOUNCEMENT BY THE SPEAKER waive visa regime for United States hardship, support any friend, oppose PRO TEMPORE citizens. I would request the U.S. Gov- any foe, to assure the survival and the ernment to, in the speediest possible The SPEAKER pro tempore. The success of liberty.’’ I am subscribing to manner, make a reciprocal step in rela- Chair will entertain ten 1-minute these words on behalf of Ukraine. This tion to Ukrainian students, politicians, speeches per side. authority was given to me by my fel- and business people. f low countrymen who endured days and Step eight, on behalf of Ukraine, I nights in bitter cold and snow on the DEERE-HITACHI CONSTRUCTION would ask you to include it in the list Maidan. Ukraine is free and will always MACHINERY CORPORATION of participants of the Millennium Chal- remain free. Citizens of Ukraine gained lenge program. (Ms. FOXX asked and was given per- Following these priorities, we can their freedom due to their courage and mission to address the House for 1 make many others happen. For this, we support of friends and proponents of de- minute and to revise and extend her re- have necessary possibilities in different mocracy across the world. marks.) areas. We welcome investments in the In these days I want to recall one of Ms. FOXX. Mr. Speaker, recently I Ukraine’s economy and are committed them, Pope John Paul II, who said, had the opportunity to visit Deere- to creating a most favorable climate ‘‘Following the path of truth is some- Hitachi Construction Machinery Cor- for the U.S. and all other international times difficult, but never impossible.’’ poration in North Carolina’s Fifth Dis- investors. It is in our own mutual in- We have embarked upon this road trict. This plant manufactures hydrau- terests to achieve as many success sto- and will never step away from it. To- lic excavators which are used widely in ries as possible of American enterprise gether we are many, and together we the construction industry as earthmov- in Ukraine. are not defeated. God bless America. ing and utility-type tracked digging The U.S. and Ukraine have common God protect Ukraine. machines. strategic interests, and we have unity Thank you. The company is a joint venture be- in one thing. Everywhere possible we [Applause, Members rising.] tween John Deere and Hitachi Con- want to uphold freedom and democ- At 11 o’clock and 40 minutes a.m., struction Machinery located in Tokyo, racy. We are committed to such a re- His Excellency Viktor Yushchenko, the Japan. The company, formed in 1988, is sponsibility because we know if some- President of Ukraine, accompanied by a rare mix of American and Japanese body is deprived of freedom, this free- the committee of escort, retired from cultures. This combination manifests dom has been taken away from us. the Hall of the House of Representa- itself in an extraordinary safety, qual- Eleven years ago, my country volun- tives. ity, and delivery record. tarily gave up the world’s third largest The Assistant to the Sergeant at As a result, Hitachi has grown sig- nuclear arsenal. Ukraine made the Arms escorted the invited guests from nificantly in the past 3 years. Produc- world a safer place to live. Time has the Chamber in the following order: tion volumes of both John Deere and shown that this decision has not al- The Members of the President’s Cabi- Hitachi-brand models have risen to ways met the kind of appreciation it net; The Acting Dean of the Diplomatic over 6,000 units. This is remarkable deserved. Nevertheless, we remain Corps. given the machines are 12 to 33 tons in

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.006 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1787 operating weight. In addition, employ- CONGRATULATIONS TO THE UNC Public Debt and promptly announced ment in the facility has doubled in size TAR HEELS ‘‘There is no Social Security trust to over 750 direct employees. (Mr. MCINTYRE asked and was given fund, just a bunch of IOUs stacked in A portion of this growth has been permission to address the House for 1 an old filing cabinet.’’ fueled by the localization of models minute and to revise and extend his re- Well, that may be an old filing cabi- that were formerly produced in Asia to marks.) net to you, Mr. President; but to mid- Kernersville, North Carolina. This has Mr. MCINTYRE. Mr. Speaker, 4 dle-class Americans that is their life- had a positive impact on the local weeks ago this coming Friday, in this time retirement savings. It may be economy in North Carolina, as well as very well, there was a group of young filled with just IOUs to you, but when nationally. I am honored to have a fa- men that came from the Old Well in you borrowed $700 billion from that cility such as Deere-Hitachi located in Chapel Hill to tour these hallowed trust fund, it was a very opportune fil- my district. halls of Congress. On Monday night, ing cabinet because you stuck your hand in there and took $700 billion f those young men won the National Basketball Championship, the Univer- from the Social Security trust fund to PRESIDENT PARTICIPATES IN SO- sity of North Carolina Tar Heels. use. It was not an old filing cabinet. It CIAL SECURITY CONVERSATIONS They came here and spent time with was not just a bunch of IOUs. (Mr. KUCINICH asked and was given us and looked at this wonderful place Those are the taxes that Americans permission to address the House for 1 and performed like champions Monday put away; the resources they put away minute and to revise and extend his re- night. As a double graduate of the Uni- for their life savings, and that is how marks.) versity of North Carolina myself, but every President and every Congress has Mr. KUCINICH. Mr. Speaker, yester- more importantly I was there in St. treated it. It is the obligation of this day the President of the United States, Louis with my two sons who are cur- Congress to strengthen Social Secu- in a speech at West Virginia University rently students at UNC and who know rity, not to weaken it. at Parkersburg, said with respect to several of the players, we want to ex- For middle-class Americans and for Social Security, ‘‘There is no trust tend from the halls of Congress our everybody who is saving for their re- fund, just IOUs.’’ On February 16, 2005, congratulations to the University of tirement, it is high time we begin to at a meeting in Portsmouth, New North Carolina Tar Heels and wish strengthen Social Security by paying Hampshire, the President again made them Godspeed. back the $700 billion you have borrowed from it. And if you want to talk about the claim that there is not a Social Se- f IOUs, the IOUs we have run up, which curity trust. SOCIAL SECURITY Now, Mr. Speaker, the people of this is nearly $2 trillion in debt that now country have a right to know that the (Mr. HENSARLING asked and was Communist China and Japan own and money that is put into that Social Se- given permission to address the House are our bankers, that would be a good curity trust fund is safe; and the Presi- for 1 minute and to revise and extend place to see where the IOUs are. dent, with his remarks, has put that in his remarks.) f Mr. HENSARLING. Mr. Speaker, So- question and in doubt. ANNOUNCEMENT BY THE SPEAKER cial Security has been a vital program Two weeks ago, the Social Security PRO TEMPORE Administration issued a report saying for America’s retirees for many years. The SPEAKER pro tempore. Mem- that all of the money there is backed Unfortunately, it is a system that was bers are reminded to address their re- by the full faith and credit of the designed in 1935, not 2005. marks to the Chair. United States. Do we no longer have I have a personal stake in Social Se- faith in our country’s financial obliga- curity. My parents are in their 70s. f They depend upon Social Security as tions? ILLEGAL IMMIGRATION This is the time for Congress to step part of their retirement. But I am also the father of two small children, and I (Mr. PRICE of Georgia asked and was forward and back H. Resolution 170 given permission to address the House that demands the President transmit owe them no less retirement security tomorrow than my parents enjoy for 1 minute and to revise and extend information to the House backing up his remarks.) his claim that there is no trust fund. today. Unfortunately, fewer workers, more Mr. PRICE of Georgia. Mr. Speaker, f retirees, and longer life spans will it is no wonder that during my recent town hall meetings Georgians made THE MAN WHO WOULD NOT DIE bankrupt Social Security. We must work together to save the system, their feelings on illegal immigration (Mr. PENCE asked and was given per- which can be done without changing crystal clear. Look at the statistics. mission to address the House for 1 benefits or raising taxes on current and The illegal alien population in this minute and to revise and extend his re- near retirees. Instead, we can give country has now reached close to 11 marks.) younger workers the opportunity to million, and that is only what the gov- Mr. PENCE. Mr. Speaker, as a mem- voluntarily invest some of their pay- ernment will admit. Georgia ranks in ber of the House Committee on Inter- roll taxes in personal retirement ac- the top 10, with nearly one quarter mil- national Relations, I rise to express a counts that they can own, which will lion illegal aliens living in our State. word of humble welcome to one of free- grow over time and which Washington This is not a problem we can simply ig- dom’s men in the former Soviet Union, cannot take away. nore. President Viktor Yushchenko of By allowing them to do this and It is time to strengthen our border Ukraine, who addressed a joint session build their own nest eggs, and by pro- security and to enforce the law. Illegal of Congress just moments ago. tecting the Social Security surpluses aliens cost our society greatly. Our Like the democracy’s Orange Revolu- from being raided in Washington, we public education system and our health tion that he personifies, President can keep the promise of Social Secu- care system are choking. The costs are Yushchenko is the man who would not rity for the next generation of Ameri- spiraling upward, and American tax- die. He survived the toxic machina- cans. payers are paying the bills. tions of those who see freedom as a f Moreover, Mr. Speaker, allowing ille- threat. And those wicked men were gal aliens to stay here is a slap in the right: freedom in the Ukraine and their RAIDING OF SOCIAL SECURITY face to those who followed the law, brave President are a threat to every TRUST FUND waited in line, and entered this coun- form of tyranny against the minds of (Mr. EMANUEL asked and was given try legally. My constituents are right, men and women in that ancient land. permission to address the House for 1 and we must do more. It is all together fitting that the cap- minute and to revise and extend his re- This year the House has passed the ital of democracy on planet Earth wel- marks.) REAL ID Act, which is a great start, comed one of its first 21st century he- Mr. EMANUEL. Mr. Speaker, yester- but it is only a start. I urge the Senate roes to these hallowed halls. day the President visited the Bureau of to adopt this act and all my colleagues

VerDate Aug 04 2004 23:59 Apr 06, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.008 H06PT1 H1788 CONGRESSIONAL RECORD — HOUSE April 6, 2005 to join together to strengthen our im- While senior citizens on Hilton Head which the vote is objected to under migration laws and their enforcement. Island understand that their benefits clause 6 of rule XX. f are secure, they are concerned their Record votes on postponed questions children and grandchildren will not re- will be taken later today. UNC NATIONAL CHAMPIONS ceive the money they contribute. And f (Mr. PRICE of North Carolina asked baby boomers of Bluffton wish they REALTIME INVESTOR PROTECTION and was given permission to address had been offered the opportunity to ACT the House for 1 minute and to revise participate in personal retirement ac- and extend his remarks.) counts years ago. Mrs. KELLY. Mr. Speaker, I move to Mr. PRICE of North Carolina. Mr. Their opinions and suggestions reem- suspend the rules and pass the bill Speaker, how fitting it is today that phasize the urgent need for Congress to (H.R. 1077) to improve the access of in- the skies are Carolina blue. We are still strengthen Social Security now, pro- vestors to regulatory records with re- basking in the glory of the University tecting persons over 55 in the system spect to securities brokers, dealers, and of North Carolina’s crowning as the and providing retirement accounts for investment advisers, as amended. 2004–2005 NCAA Division I Men’s Na- younger workers. The Clerk read as follows: tional Basketball Champions. In conclusion, God protect Ukraine, H.R. 1077 All season long, the Tar Heels were God bless our troops, and we will never Be it enacted by the Senate and House of Rep- touted as the most talented players in forget September 11. resentatives of the United States of America in Congress assembled, the country, but some questioned f whether the team could win it all. SECTION 1. SHORT TITLE. Monday night they proved any remain- SOCIAL SECURITY This Act may be cited as the ‘‘Realtime In- vestor Protection Act’’. ing doubters wrong. After playing 40 (Mr. DEFAZIO asked and was given minutes of inspired basketball, the Tar permission to address the House for 1 SEC. 2. CONSTITUTIONAL AUTHORITY. Heels showed that they have the heart, minute and to revise and extend his re- The constitutional authority on which this the team spirit, and the determination Act rests is the power of Congress to regu- marks.) late commerce as enumerated in article I, of true champions. Mr. DEFAZIO. Mr. Speaker, this section 8 of the United States Constitution. North Carolina established itself long year, the United States Government SEC. 3. METHOD OF MAINTAINING BROKER/DEAL- ago as one of the elite programs in col- will collect $170 billion more in social ER REGISTRATION, DISCIPLINARY, lege basketball history. But with their security taxes than it needs to pay cur- AND OTHER DATA. fourth national chairmanship win on rent benefits. That is $300,000 a minute Subsection (i) of section 15A of the Securi- Monday, the Tar Heels proved they are from the working men and women and ties Exchange Act of 1934 (15 U.S.C. 78o–3(i)) back among today’s elite. is amended to read as follows: small businesses of America. And that ‘‘(i) OBLIGATION TO MAINTAIN REGISTRA- We hope and expect this year’s run money is being used to buy Treasury TION, DISCIPLINARY, AND OTHER DATA.— will be the first of many under native bonds. It is being put away under the ‘‘(1) MAINTENANCE OF SYSTEM TO RESPOND son Coach Roy Williams, who led the premise that we are creating a trust TO INQUIRIES.—A registered securities asso- Tar Heels back to victory in just his fund. The full faith and credit of the ciation shall— second year back at his alma mater. United States Government backs those ‘‘(A) establish and maintain a system for The victory was especially sweet for bonds. collecting and retaining registration infor- North Carolina’s three seniors, who Now, the President is questioning the mation; have helped lead an impressive come- ‘‘(B) establish and maintain a toll-free full faith and credit, and he is saying telephone listing, and a readily accessible back from their freshmen year chal- there is no trust fund. Now, if the electronic or other process, to receive and lenges to the glory of their final game. President is right and there is no trust promptly respond to inquiries regarding— Three ACC schools, Mr. Speaker, are fund, then we should stop taking $170 ‘‘(i) registration information on its mem- located entirely or partly in North billion from the working men and bers and their associated persons; and Carolina’s Fourth District, so I am no women under a false premise. That ‘‘(ii) registration information on the mem- stranger to divided loyalties! But last would be fraud. bers and their associated persons of any reg- night’s victory is something all North We have to do either one of two istered national securities exchange that Carolinians can feel proud of. That in- uses the system described in subparagraph things: lower the tax on working men (A) for the registration of its members and clude this proud alumnus, and my and women in this country and small their associated persons; and staffers, who are still radiating Caro- businesses, or honor the trust fund and ‘‘(C) adopt rules governing the process for lina blue, thanks to an inspirational the debt of the United States of Amer- making inquiries and the type, scope, and team who has made us all proud. Go ica. I think there is only one choice, presentation of information to be provided in Heels! and that is to honor the debt of the response to such inquiries in consultation f country. But we have a President who with any registered national securities ex- is saying he might not. change providing information pursuant to ANSWERING CONSTITUENTS’ subparagraph (B)(ii). CALLS TO STRENGTHEN SOCIAL Who is he going to pay first? The Chi- ‘‘(2) RECOVERY OF COSTS.—Such an associa- SECURITY nese, the Japanese? Is he going to pay tion may charge persons making inquiries, off his Treasury bonds first and then other than individual investors, reasonable (Mr. WILSON of South Carolina default on the savings of the working fees for responses to such inquiries. asked and was given permission to ad- people of this country? ‘‘(3) PROCESS FOR DISPUTED INFORMATION.— dress the House for 1 minute and to re- Such an association shall adopt rules estab- vise and extend his remarks.) b 1230 lishing an administrative process for dis- Mr. WILSON of South Carolina. Mr. Mr. Speaker, it is an outrageous and puting the accuracy of information provided Speaker, throughout the Second Dis- reckless statement of the President of in response to inquiries under this sub- trict of South Carolina, people are the United States to make, and if the section in consultation with any registered eager to discuss how to improve our national securities exchange providing infor- bond markets believed the President, mation pursuant to paragraph (1)(B)(ii). Social Security System. After con- there would be an economic catas- ‘‘(4) LIMITATION OF LIABILITY.—Such an as- ducting over 20 town hall meetings trophe today. sociation, or exchange reporting information with constituents of all ages about this f to such an association, shall not have any li- issue, I am more convinced than ever ability to any person for any actions taken we need to strengthen Social Security. ANNOUNCEMENT BY THE SPEAKER or omitted in good faith under this sub- At the University of South Carolina PRO TEMPORE section. and Claflin University, college students The SPEAKER pro tempore (Mr. ‘‘(5) DEFINITION.—For purposes of this sub- section, the term ‘registration information’ who are already paying into the system BOOZMAN). Pursuant to clause 8 of rule means the information reported in connec- said they want the option of personal XX, the Chair will postpone further tion with the registration or licensing of bro- retirement accounts, which they can proceedings today on motions to sus- kers and dealers and their associated per- currently calculate at pend the rules on which a recorded vote sons, including disciplinary actions, regu- www.heritage.org. or the yeas and nays are ordered, or on latory, judicial, and arbitration proceedings,

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.013 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1789 and other information required by law, or ex- Mr. Speaker, H.R. 1077 was intro- ties firm to the NASD. The bill also au- change or association rule, and the source duced by the gentleman from Arizona thorizes the Securities and Exchange and status of such information.’’. (Mr. SHADEGG). It is a noncontroversial Commission to designate the NASD to SEC. 4. FILING DEPOSITORIES FOR INVESTMENT ADVISERS. bill that will extend the ability of provide investor access to registration (a) AMENDMENT.—Section 204 of the Invest- American investors to access informa- information concerning investment ad- ment Advisers Act of 1940 (15 U.S.C. 80b–4) is tion about security dealers. visers, providing investors with an- amended— In 1990, Congress ordered that the Na- other potentially valuable source of in- (1) by striking ‘‘Every investment’’ and in- tional Association of Securities Deal- formation when shopping for a finan- serting the following: ers make this information available to cial professional. ‘‘(a) IN GENERAL.—Every investment’’; and all investors through a toll-free num- Mr. Speaker, given the extent to (2) by adding at the end the following: ‘‘(b) FILING DEPOSITORIES.—The Commis- ber. Unfortunately, the authorization which consumers have come to rely on sion may, by rule, require an investment ad- was not broad enough to extend to the Internet for the information they viser— Internet access. need in making financial decisions, it ‘‘(1) to file with the Commission any fee, H.R. 1077 corrects this problem while is clearly time to make this informa- application, report, or notice required to be maintaining toll-free telephone access tion more accessible to investors. I filed by this title or the rules issued under to dealer information for those who urge support for H.R. 1077. this title through any entity designated by prefer not to use the Internet. I urge Mr. Speaker, I reserve the balance of the Commission for that purpose; and ‘‘(2) to pay the reasonable costs associated Members to join me in supporting this my time. with such filing and the establishment and important legislation. Mrs. KELLY. Mr. Speaker, I yield maintenance of the systems required by sub- Mr. Speaker, I reserve the balance of such time as he may consume to the section (c). my time. gentleman from Arizona (Mr. SHAD- ‘‘(c) ACCESS TO DISCIPLINARY AND OTHER IN- Mr. SCOTT of Georgia. Mr. Speaker, EGG), the author of the bill. FORMATION.— I yield myself such time as I may con- Mr. SHADEGG. Mr. Speaker, I rise in ‘‘(1) MAINTENANCE OF SYSTEM TO RESPOND sume. strong support of H.R. 1077, the TO INQUIRIES.—The Commission shall require Mr. Speaker, I rise in support of H.R. Realtime Investor Protection Act. the entity designated by the Commission under subsection (b)(1) to establish and 1077, the Realtime Investor Protection As has already been indicated, this maintain a toll-free telephone listing, or a Act. This legislation will make it fast- legislation will require the National readily accessible electronic or other proc- er and easier for investors to obtain in- Association of Securities Dealers to ess, to receive and promptly respond to in- formation about the brokers with make its databases of complaints quiries regarding information (including dis- whom they entrust their savings and against broker-dealers publicly avail- ciplinary actions, regulatory, judicial, and retirement funds. able on a secure Internet site and is arbitration proceedings, and other informa- Since 1990, the NASD has been re- relatively straightforward. tion required by law or rule to be reported) quired to provide investors with reg- Let me explain, however, this is in- involving investment advisers and persons deed a serious problem. I personally associated with investment advisers. Such istration information on individual information shall include information on an brokers by toll-free telephone call or in know of individuals whose entire investment adviser (and the persons associ- writing. The system has provided valu- wealth has been wiped out by fraud ated with that adviser) whether the invest- able information on a broker’s discipli- which could have been detected had ment adviser is registered with the Commis- nary history, including customer com- these investors taken the time to re- sion under section 203 or regulated solely by plaints, that an investor can use in se- search the broker-dealer they were a State as described in section 203A. lecting a broker. dealing with in an appropriate manner. ‘‘(2) RECOVERY OF COSTS.—An entity des- While that system has worked well, As has been explained, the current ignated by the Commission under subsection the NASD would like to be able to pro- law requires the NASD to maintain (b)(1) may charge persons making inquiries, other than individual investors, reasonable vide this information directly to inves- BrokerCheck. BrokerCheck is a system fees for responses to inquiries made under tors over the Internet where the infor- through which investors can research paragraph (1). mation will be more accessible to in- their broker-dealer before entrusting ‘‘(3) LIMITATION ON LIABILITY.—An entity vestors and can be provided in a man- with them their hard-earned savings. designated by the Commission under sub- ner that will make it easier for inves- But in light of Congress’ increased section (b)(1) shall not have any liability to tors to understand and compare among focus on retirement security, I believe any person for any actions taken or omitted brokers. we should encourage Americans to, in in good faith under this subsection.’’. Of the over 2.5 million plus inquiries fact, take advantage of BrokerCheck, (b) CONFORMING AMENDMENTS.— (1) Section 203A of the Investment Advisers the NASD received last year, approxi- and even go beyond that and to con- Act of 1940 (15 U.S.C. 80b–3a) is amended— mately 96 percent were through the duct their own research before making (A) by striking subsection (d); and Internet, and less than 4 percent were any investment decision. (B) by redesignating subsection (e) as sub- by telephone. Because of the narrow BrokerCheck, as has been indicated section (d). language of the existing statute, how- by my colleague on the other side, pro- (2) Section 306 of the National Securities ever, NASD has not been able to put vides these individuals with this infor- Markets Improvement Act of 1996 (15 U.S.C. disclosure information online. Rather, mation through a free check that can 80b–10, note; Public Law 104–290; 110 Stat. be accessed either over the Internet or 3439) is repealed. investors must request and wait for a written disclosure report to be mailed by telephone. But because it is The SPEAKER pro tempore. Pursu- or e-mailed to them. accessed over the Internet and by tele- ant to the rule, the gentlewoman from Under the bill, the NASD would be phone, and requires that an inquiry be New York (Mrs. KELLY) and the gen- required to make the information it submitted and then a response pre- tleman from Georgia (Mr. SCOTT) each maintains on brokers available to in- pared and that response sent back, the will control 20 minutes. The Chair recognizes the gentle- vestors over the Internet, as well as by delay in getting this information can woman from New York (Mrs. KELLY). toll-free telephone call. The NASD be anywhere between 10 minutes and as would be held harmless for information much as 2 days. This legislation goes at GENERAL LEAVE Mrs. KELLY. Mr. Speaker, I ask disclosed or withheld in good faith that problem and allows instantaneous unanimous consent that all Members through the expanded system, just as it access to this kind of information. may have 5 legislative days within is under the current statute for infor- Through the current system and which to revise and extend their re- mation provided over the telephone or through the enhanced system this leg- marks and include extraneous material in writing. islation will authorize, BrokerCheck on this legislation. Additionally, the bill would require will gather and make available online The SPEAKER pro tempore. Is there the NASD to establish an administra- on an instantaneous basis, and an in- objection to the request of the gentle- tive process to address disputes over vestor can discover, whether or not woman from New York? the accuracy of information, ensuring their broker has a criminal record, has There was no objection. procedural fairness and an opportunity been subjected to a regulatory action Mrs. KELLY. Mr. Speaker, I yield for a broker to correct errors or dis- by the Securities and Exchange Com- myself such time as I may consume. pute information provided by a securi- mission, and whether or not their

VerDate Aug 04 2004 23:59 Apr 06, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.002 H06PT1 H1790 CONGRESSIONAL RECORD — HOUSE April 6, 2005 broker has had consumer complaints munity form liability for the release of such in- tors, and the purposes fairly intended by the filed against them. formation to the public—recognizing that the policy and provisions of this title; or’’. While the current system is a good disclosure of key information about securities (b) ASSETS OF BUSINESS DEVELOPMENT COM- idea, as I indicated, it has not kept firms and brokers is a critical part of NASD’s PANIES.—Section 55(a)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a–55(a)(1)) is pace with technology. Today investors regulatory and investor protection mission. amended— can only access the information by I would like to clarify that under prevailing (1) in subparagraph (B), by striking ‘‘secu- placing a request through the NASD’s Federal case law there is no private right of rities with respect to which a member of a toll-free phone number or Website, and action against NASD for acts or omissions national securities exchange, broker, or then must wait for a response. This taken pursuant to its regulatory responsibilities dealer may extend or maintain credit to or legislation will update the system by under the Federal securities laws. I want to be for a customer pursuant to rules or regula- requiring the NASD to make this infor- clear that this legislation is not intended to tions adopted by the Board of Governors of mation available through a secure change existing law pertaining to private rights the Federal Reserve System under Section 7 of the Securities Exchange Act of 1934’’ and Website on the Internet so investors of action under those laws. In addition, courts inserting the following: ‘‘equity securities can search for this information instan- have historically granted NASD absolute im- listed for trading on a national securities ex- taneously. munity for its regulatory actions. This legisla- change or traded through the facilities of a NASD statistics bear out the need to tion is not intended to limit NASD’s immunity national securities association as described utilize the Internet for this purpose. for regulatory actions. in Section 15A of the Securities Exchange Let me give just a few statistics. Over I urge all of my colleagues to support this Act of 1934’’; and 4.4 million requests for information bipartisan investor protection bill. (2) by striking ‘‘or’’ at the end of subpara- were submitted to the BrokerCheck Mr. SCOTT of Georgia. Mr. Speaker, graph (A), by inserting ‘‘or’’ after the semi- program in 2004, and 99 percent of these I yield back the balance of my time. colon at the end of subparagraph (B), and by inserting after subparagraph (B) the fol- were submitted on the Internet Mrs. KELLY. Mr. Speaker, I yield lowing new subparagraph: through e-mail. Only 1 percent were by back the balance of my time. ‘‘(C) from the issuer of such securities, telephone. Clearly investors have fig- The SPEAKER pro tempore. The which issuer is described in section ured out that the Internet is the proper question is on the motion offered by 2(a)(46)(A) and (B) but is not an eligible port- mechanism for submitting this kind of the gentlewoman from New York (Mrs. folio company because the aggregate value inquiry and checking out their broker- KELLY) that the House suspend the of its outstanding publicly traded equity se- dealer before they invest. But by hav- rules and pass the bill, H.R. 1077, as curities is more than $250,000,000 but not ing it require now a response from the amended. more than $500,000,000, if such securities rep- resent not more than 10 percent of the total NASD, rather than having the check be The question was taken; and (two- assets of the business development company instantaneous, we are exposing inves- thirds having voted in favor thereof) invested in securities described in para- tors to that 10-minute to 2-day delay the rules were suspended and the bill, graphs (1) through (6) of this section;’’. during which they cannot access this as amended, was passed. The SPEAKER pro tempore. Pursu- information. A motion to reconsider was laid on ant to the rule, the gentlewoman from By making information accessible the table. New York (Mrs. KELLY) and the gen- online, as H.R. 1077 does, it will be easi- f tleman from Georgia (Mr. SCOTT) each er for individuals to research their INCREASED CAPITAL ACCESS FOR will control 20 minutes. broker-dealer and provide themselves The Chair recognizes the gentle- with the information they need before GROWING BUSINESS ACT woman from New York (Mrs. KELLY). they make an investment decision. I Mrs. KELLY. Mr. Speaker, I move to hope my colleagues share my interest suspend the rules and pass the bill GENERAL LEAVE in encouraging individuals to become (H.R. 436) to amend the Investment Mrs. KELLY. Mr. Speaker, I ask more informed investors, and I urge a Company Act of 1940 to provide incen- unanimous consent that all Members yes vote by all of my colleagues on the tives for small business investment, may have 5 legislative days within Realtime Investor Protection Act. and for other purposes. which to revise and extend their re- I appreciate the comments of the The Clerk read as follows: marks and include extraneous material gentleman on the other side in support H.R. 436 on the bill under consideration. The SPEAKER pro tempore. Is there of the legislation, the comments of the Be it enacted by the Senate and House of Rep- gentlewoman from New York (Mrs. resentatives of the United States of America in objection to the request of the gentle- KELLY), and the support of the Com- Congress assembled, woman from New York? mittee on Financial Services. SECTION 1. SHORT TITLE. There was no objection. Mr. OXLEY. Mr. Speaker, I rise in support of This Act may be cited as the ‘‘Increased Mrs. KELLY. Mr. Speaker, I yield the Real-time Investor Protection Act and Capital Access for Growing Business Act’’. myself such time as I may consume. would like to commend my good friend from SEC. 2. AMENDMENTS TO THE INVESTMENT COM- Mr. Speaker, I thank the Speaker Arizona, Mr. SHADEGG, for his excellent work PANY ACT OF 1940. very much for allowing me to bring on this important legislation. (a) DEFINITION OF ELIGIBLE PORTFOLIO COM- this important legislation to the floor PANY.—Section 2(a)(46)(C) of the Investment for consideration today. I also thank Informed investors are critical to our Na- Company Act of 1940 (15 U.S.C. 80a– tion’s markets. Ready access to complete in- the gentlewoman from New York (Ms. 2(a)(46)(C)) is amended— ´ formation about securities firms and brokers is (1) by striking clause (i) and inserting the VELAZQUEZ) for working with me on critical to informing investors and building in- following: this important issue that will help vestor confidence. NASD, the self-regulatory ‘‘(i) it does not have any class of equity se- small businesses. organization for broker-dealers, has been pro- curities listed for trading on a national secu- Small businesses are the backbone of viding this information to the public since 1990 rities exchange or traded through the facili- our economy, and the Congress must when Congress mandated that NASD make ties of a national securities association as ensure that they have every oppor- described in Section 15A of the Securities relevant portions of the information available tunity to succeed. It is crucial that Exchange Act of 1934;’’; small businesses have sufficient access to the public without charge through a toll-free (2) by striking ‘‘or’’ at the end of clause telephone number. (iii); to capital in order to create jobs and At the time, the telephone was the easiest (3) by redesignating clause (iv) as clause ensure a strong and growing economy. and most convenient solution. However, inves- (v); and Today the legislation before us, the tors today have embraced the Internet as their (4) by inserting after clause (iii) the fol- Increased Capital Access For Growing preferred means of obtaining information. lowing new clause: Business Act, will ensure that small Therefore NASD seeks to use the Internet to ‘‘(iv) the aggregate value of its outstanding businesses have better access to capital disseminate this information. Investors want publicly traded equity securities is not more by modernizing outdated security laws. than $250,000,000, except that the Commission In 1980, Congress created business de- and need online access to disclosure of infor- may adjust such amounts by rule, regula- mation to assist them in deciding whether to tion, or order to reflect changes in one or velopment companies to encourage in- do business with a securities firm or broker. more generally accepted indices or other in- vestments in small, developing and fi- When Congress mandated that NASD re- dicators for small business, consistent with nancially troubled businesses known as lease this information, it accorded NASD im- the public interest, the protection of inves- ‘‘eligible portfolio companies.’’ BDCs

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.018 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1791 are publicly traded investment compa- commend the gentlewoman from New Mr. OXLEY. Mr. Speaker, I rise in support of nies that invest in both public and pri- York (Ms. VELA´ ZQUEZ) and the gentle- H.R. 436, the Increased Capital Access for vate companies and generate an injec- woman from New York (Mrs. KELLY) Growing Business Act. This bill creates an im- tion of capital for businesses. BDCs for bringing this matter to the com- proved regulatory environment for small busi- have provided significant benefits to mittee’s attention, as well as the gen- ness, the undisputed engine of our economy. the economy, including the oppor- tleman from Ohio (Mr. OXLEY) and the A quarter of a century ago, Congress cre- tunity for the public to invest in small, gentleman from Massachusetts (Mr. ated business development companies to en- developing companies while also sup- FRANK) for their support in expediting courage investments in small businesses. Un- plying much-needed financing. the consideration of this measure. With related rules promulgated by regulators since The legislation we are considering this legislation, we have an excellent that time have had the unintended con- today makes important changes to the opportunity to help more small busi- sequence of limiting the investment opportuni- securities laws that ensure the viabil- nesses access capital so that they can ties of business development companies. ity of BDCs and expands the businesses expand and grow their businesses. This bill will restore the true intent of Con- these entities are able to assist. In 1980, Business development companies, or gress by modernizing the securities laws gov- BDCs were able to invest in approxi- BDCs, are unique investment compa- erning these companies. Small businesses will mately 66 percent of the 12,000 publicly nies authorized by the 1980 amend- once again have the important capital access held operating companies. Since that ments to the Investment Company Act. provided by business development companies. time, however, the Federal Reserve has They are publicly traded companies This is crucial as small businesses must have amended its margin rules on several that invest primarily in smaller com- efficient access to capital to create jobs and occasions, resulting in a clear decrease panies. Since 1980, BDCs have proven to promote economic growth. in the number of eligible portfolio com- be a valuable and effective source of I would like to commend my good friend and panies. funding for small companies, allowing subcommittee chair, Mrs. KELLY of New York, In order to correct these unintended growing companies access to both cap- for her fine work in crafting this bill. I urge my consequences, this legislation amends ital and managerial expertise. colleagues to join me in support of this impor- the definition of an eligible portfolio In 1980 when BDCs were first author- tant bipartisan legislation for investors and company to enable the BDCs to have a ized by Congress, about two-thirds of small businesses. greater flexibility in selecting appro- all publicly held companies were eligi- Mr. SCOTT of Georgia. Mr. Speaker, priate investments. To accomplish this ble for BDC investment. While the se- I yield back the balance of my time. goal, the legislation permits BDCs to curities and financial services indus- Mrs. KELLY. Mr. Speaker, I thank provide capital to a larger number of tries evolved during the 1990s, neither my collegue, the gentleman from Geor- companies by increasing the size of Congress nor the SEC acted to keep the gia (Mr. SCOTT) for his kind words companies that BDCs can invest in to BDC statute current. As a result, the about this bill. reflect changes in the market since the number of public companies in which Mr. Speaker, I have no further re- creation of the act. BDCs could invest has been reduced quests for time, and I yield back the The legislation also includes specific drastically, effectively eliminating the balance of my time. authority for the Securities and Ex- option of BDC investment for many The SPEAKER pro tempore (Mr. change Commission to modify dollar small public companies. BOOZMAN). The question is on the mo- thresholds in the future. This would It is important to understand that tion offered by the gentlewoman from enable the SEC to review these thresh- just because a firm has gone public New York (Mrs. KELLY) that the House olds on a regular basis and consider does not mean that it can access the fi- suspend the rules and pass the bill, changes that are in the interest of the nancing necessary for growing and ex- H.R. 436. companies trying to access capital and panding. Many small companies that The question was taken; and (two- shareholders of BDCs. Small and devel- went public in the late 1990s, for in- thirds having voted in favor thereof) oping businesses should be able to de- stance, found themselves unable to ac- the rules were suspended and the bill vote their energies towards their cus- cess the public markets for additional was passed. tomers growing their business, and not capital after the market bubble burst. A motion to reconsider was laid on worrying about their access to capital. These smaller, illiquid company stocks the table. As BDCs are able to provide financ- could benefit greatly from financing of- f fered by BDCs. Instead, an out-of-date ing to additional small and medium- MORTGAGE SERVICING regulatory structure severely restricts sized businesses, the economy will ex- CLARIFICATION ACT perience greater growth and much such investments by BDCs. more job creation. The current standard for eligibility, Mr. ROYCE. Mr. Speaker, I move to I also would like to commend the whether or not a company has out- suspend the rules and pass the bill chairman of the Committee on Finan- standing marginable securities, has (H.R. 1025) to amend the Fair Debt Col- cial Services, the gentleman from Ohio proven unworkable as it is tied to a lection Practices Act to exempt mort- (Mr. OXLEY), and the ranking member, standard that is no longer relevant. gage servicers from certain require- the gentleman from Massachusetts H.R. 3170 creates a more workable ments of the Act with respect to feder- (Mr. FRANK), for recognizing the impor- standard to enable BDCs to provide fi- ally related mortgage loans secured by tance and urgency of this legislation nancing to companies as originally in- a first lien, and for other purposes, as and agreeing to move it quickly. tended by the 1980 amendments. The amended. legislation provides an objective stand- The Clerk read as follows: b 1245 ard, based on a market capitalization H.R. 1025 This is a no-cost commonsense piece test, to modernize the definition of eli- Be it enacted by the Senate and House of Rep- of legislation that will help small busi- gible portfolio companies. resentatives of the United States of America in nesses and increase capital formation. H.R. 3170 modernizes United States Congress assembled, That is a good, healthy economic security laws to reflect changes in the SECTION 1. SHORT TITLE. structure for all. I urge my colleagues marketplace. Small and growing com- This Act may be cited as the ‘‘Mortgage to join me in support of this important panies are often widely regarded as en- Servicing Clarification Act’’. legislation for investors and small gines of economic growth and job cre- SEC. 2. MORTGAGE SERVICING CLARIFICATION. businesses. ation. Allowing BDCs to invest in more (a) IN GENERAL.—The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is Mr. Speaker, I reserve the balance of companies in need of capital will pro- amended— my time. vide more opportunities, more jobs, (1) by redesignating section 818 as section Mr. SCOTT of Georgia. Mr. Speaker, and contribute to the economic expan- 819; and I yield myself such time as I may con- sion. I urge my colleagues to support (2) by inserting after section 817 the fol- sume. this legislation critical for small busi- lowing new section: Mr. Speaker, I rise in support of H.R. nesses and the entire United States ‘‘§ 818. Mortgage servicer exemption 436, the Increased Capital Access For economy. Mr. Speaker, I urge support ‘‘(a) EXEMPTION.—A covered mortgage Growing Businesses Act. I want to of H.R. 436. servicer who, whether by assignment, sale or

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.020 H06PT1 H1792 CONGRESSIONAL RECORD — HOUSE April 6, 2005 transfer, becomes the person responsible for ties of this industry to serve its clients efforts to work with delinquent bor- servicing federally related mortgage loans effectively and to conduct its business rowers on developing strategies to secured by first liens that include loans that efficiently for far too long. bring their loans current and keep were in default at the time such person be- Currently, when a mortgage serv- their credit ratings intact. came responsible for the servicing of such icing company acquires the rights to federally related mortgage loans shall be ex- A mortgage servicer’s biggest hurdle service a portfolio of home loans, it is empt from the requirements of section in helping delinquent borrowers to help exempt from the unnecessary stric- 807(11) in connection with the collection of themselves is getting them on the tures of the Fair Debt Collection Prac- any debt arising from such defaulted feder- phone, and these threatening Miranda ally related mortgage loans. tices Act under the creditor exemption ‘‘(b) DEFINITIONS.—For purposes of this sec- that was also extended to the origi- notices only contribute to that unnec- tion, the following definitions shall apply: nator of the mortgage. The new mort- essary fear without doing anything to ‘‘(1) COVERED MORTGAGE SERVICER.—The gage servicer is extended this exemp- help the borrower. Additionally, the in- term ‘covered mortgage servicer’ means any formation protected by the Miranda servicer of federally related mortgage loans tion because its relationship to the borrower is more like a relationship notices is information already in the secured by first liens— servicer’s possession. So nothing new is ‘‘(A) who is also a debt collector; and between a borrower and a lender than ‘‘(B) for whom the collection of delinquent like the relationship between a bor- truly protected by requiring these ad- debts is incidental to the servicer’s primary rower and a true debt collection agen- ditional legalistic and threatening no- function of servicing current federally re- cy. tices be provided. Additionally, these lated mortgage loans. The law already recognizes this re- warnings simply make consumers feel ‘‘(2) FEDERALLY RELATED MORTGAGE LOAN.— ality. However, in the typical loan unnecessarily defensive and antago- The term ‘federally related mortgage loan’ servicing portfolio transfer, a small nistic toward their new servicer during has the meaning given to such term in sec- percentage of the loans acquired by a the first step of their new association, tion 3(1) of the Real Estate Settlement Pro- cedures Act of 1974, except that, for purposes new servicer will inevitably be delin- which can have a chilling effect on the of this section, such term includes only loans quent or technically in default at the rest of their relationship. secured by first liens. time of transfer. The law currently Mortgage servicers typically send ‘‘(3) PERSON.—The term ‘person’ has the treats these loans as being subject to these Miranda notices along with a new meaning given to such term in section 3(5) of the Fair Debt Collection Practices Act, customer’s welcome letter as required the Real Estate Settlement Procedures Act and subsequently the new servicers of of 1974. by the Real Estate Settlement Proce- these loans are required to provide cer- dures Act, and this letter also includes ‘‘(4) SERVICER; SERVICING.—The terms tain form notices, known as Miranda ‘servicer’ and ‘servicing’ have the meanings important consumer information about warnings, to the borrower. given to such terms in section 6(i) of the the new servicer and the borrower’s Real Estate Settlement Procedures Act of The law also currently requires that in every subsequent contact, both writ- monthly payment arrangements. This 1974.’’. preliminary contact is the first oppor- (b) CLERICAL AMENDMENT.—The table of ten and oral, whether initiated by the sections for the Fair Debt Collection Prac- servicer or the borrower, the servicer is tunity that a servicer has to create a tices Act (15 U.S.C. 1692 et seq.) is amended— required to provide a shorter mini-Mi- positive relationship with a new client, (1) by redesignating the item relating to randa notice disclosing that the com- and the harsh language used in the Mi- section 818 as section 819; and munication is an attempt to collect a randa warning can create animosity to- (2) by inserting after the item relating to debt and that any information provided ward the servicer where none need section 817 the following new item: exist. ‘‘818. Mortgage servicer exemption.’’. by the borrower will be used toward that end. The purpose of these cookie- The SPEAKER pro tempore. Pursu- Finally, Mr. Speaker, because the cutter warnings is to prevent unscru- ant to the rule, the gentleman from mini-Miranda is required in all subse- pulous debt collectors from using false quent contacts, they can continue for California (Mr. ROYCE) and the gen- or misleading tactics, such as a phony tleman from Georgia (Mr. SCOTT) each decades, even after customers bring winning sweepstakes claim or other will control 20 minutes. their loans current and keep them that The Chair recognizes the gentleman such tactics, to trick consumers into way for years. This bill will resolve from California (Mr. ROYCE). divulging private financial information that problem. or personal details like their home ad- GENERAL LEAVE Mr. SCOTT of Georgia. Mr. Speaker, Mr. ROYCE. Mr. Speaker, I ask unan- dress or their phone number. The Fair Debt Collection Practices I yield myself such time as I may con- imous consent that all Members may sume. have 5 legislative days within which to Act has worked extremely well in pre- I rise today in strong support of H.R. revise and extend their remarks and to venting bad actors in the debt collec- 1025, the Mortgage Servicing Clarifica- insert extraneous material in the tions business from using lies and de- ceit to harm consumers, and this legis- tion Act. I would like to thank my col- RECORD on this bill. The SPEAKER pro tempore. Is there lation would in no way prevent it from league from Pennsylvania (Mr. KAN- objection to the request of the gen- continuing to protect American con- JORSKI) for his leadership on this bill. tleman from California? sumers. My thanks also go to the lead Repub- There was no objection. However, as I have already men- lican sponsor of this legislation, the Mr. ROYCE. Mr. Speaker, I yield my- tioned, mortgage servicers are not like gentleman from California (Mr. self 5 minutes. debt collectors. Their role to con- ROYCE), who has worked in a very Mr. Speaker, I rise in strong support sumers is much more like that of a strong bipartisan way to bring this bill of this bipartisan legislation, H.R. 1025. mortgage originator; and in the con- to the floor. I commend him for that. I This is the Mortgage Servicing Clari- text of the mortgage servicing transfer, also want to thank the chairman and fication Act, which I have introduced these Miranda notices are both detri- ranking member of the Committee on with my colleague from Pennsylvania mental to consumers and unnecessary Financial Services, the gentleman (Mr. KANJORSKI). This carefully written and inefficient for mortgage servicers’ from Ohio (Mr. OXLEY) and the gen- legislation addresses a specific problem operations. tleman from Massachusetts (Mr. for consumers and businesses involved First, the notice misleads the bor- FRANK), and the other cosponsors of in the mortgage servicing industry by rower about the nature of the relation- ship between him or herself and the the bill from both sides of the aisle for simply clarifying the existing law gov- their support and help with bringing erning mortgage servicing. This non- new servicer. Unlike true debt collec- this bill before the House. controversial bill enjoys strong bipar- tors, mortgage servicers have a long- tisan support. It has been approved for term relationship with their client, and The bill before us is largely technical consideration under the suspension of these harshly worded notices often in nature and seeks to address a change the rules by both the chairman and the have the effect of discouraging a bor- in market practices not anticipated by ranking member of the Committee on rower who was slightly late on a mort- the original Fair Debt Collection Prac- Financial Services. gage payment from contacting their tices Act, or FDCPA. The bill addresses Mr. Speaker, I introduced this bill to new servicer for fear that the servicer a conflict between the disclosure re- fix a problem in the mortgage servicing is a true third-party debt collector. quirements of the Real Estate Settle- industry which has hampered the abili- This ends up frustrating the servicer’s ment Procedures Act, or RESPA, and

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.006 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1793 the Fair Debt Collection Practices Act, caught up in the paperwork. I want to In closing, I will summarize the en- FDCPA. This conflict only applies to a commend him on his persistence. tire bill this way: In today’s market, limited number of companies that act And he is doing this because without Mr. Speaker, mortgages are trans- as both mortgage servicers and collec- this bill, when a mortgage is trans- ferred, they are assigned, they are tors of mortgage-related debt. ferred or assigned or bought, there are bought. And when that happens, those Section 6 of RESPA requires that always a few people who are not only customers have a right to know wheth- any entity that is assigned or acquires in default, but even those who are just er they are dealing with a debt col- servicing rights to a mortgage must simply delinquent, behind on a pay- lector or they are dealing with their notify the borrower of the transfer of ment, and it misleads those people into mortgage service provider, and that is mortgage servicing. The new entity believing that they are receiving a call a big difference. And this law will actu- must identify itself as the new loan from a debt collector who has to make ally allow that to happen. servicer and disclose to borrowers that Miranda-like warnings, and when they So I commend the gentleman from they have the right to dispute or ob- do that, they have a tendency not to Pennsylvania (Mr. KANJORSKI), and I tain additional information about the talk to them. commend the gentleman from Cali- And, in fact, and I will read a letter terms of the debt being transferred. fornia (Mr. ROYCE) particularly for his Section 807, part 11 of FDCPA re- from some of our Democratic col- diligence in this matter, and I would leagues who are also cosponsoring this quires that any person seeking to col- ask the Members of this body to do bill, in fact, the very thing that we lect a debt must identify themselves in what the last two Congresses have would want these people to do is talk any initial communication as a debt done, and that is unanimously approve to their new mortgage servicer and es- collector, identify the debt to be col- this legislation, which is truly bipar- tablish a relationship to work out of tisan and ought to be a model for this lected, and notify the debtor of their that default and to work out of that de- right to validate the debt and other linquency, because there are actually Congress as it works to do what is best protections provided by FDCPA. Since rules that these servicers are supposed for our citizens without regard to polit- mortgage servicers often acquire serv- to make every attempt to establish ical party. icing rights for entire portfolios of such a relationship; yet the Fair Debt Mr. SCOTT of Georgia. Mr. Speaker, loans, a number of loans are likely to Collection Practices Act, it was not I have no further requests for time, and be in default at the time of transfer. meant to be. This was an unforeseen I yield back the balance of my time. Subsequent efforts by the acquiring technicality in the interpretation. Mr. ROYCE. Mr. Speaker, I yield my- servicer to collect on the defaulted So the FTC came to the Congress and self such time as I may consume. debts have at times been thwarted on enlisted the help of the gentleman I want to thank the gentleman from Alabama for his comments and in con- technical grounds with claims that the from California (Mr. ROYCE) to remedy collection effort violated FDCPA. This this. Let me read the letter because I clusion just say the way in which H.R. is so because the initial communica- think it says it very well. It was draft- 1025 resolves the problem that we have tion received by the debtor was the no- ed by the gentleman from Pennsyl- discussed is that it creates a narrow tice of servicing transfer rather than vania (Mr. KANJORSKI), who has worked exemption for Miranda notices for the the required notice of debtor rights. tirelessly on this bill for the last two services of federally related first lien The compromise that was negotiated Congresses. It has a signature of the mortgages whose primary function is 3 years ago to address this problem and gentlewoman from New York (Mrs. servicing current loans, not collecting which the House has previously passed MALONEY), the gentleman from Cali- third-party debts. It exempts these under suspension would create a nar- fornia (Mr. SHERMAN), the gentle- servicers only from the Miranda no- row exemption from the requirement woman from Ohio (Mrs. JONES), and the tices, leaving in place all other sub- to provide a notice of debtor rights gentleman from New York (Mr. stantive borrower protections required under the FDCPA for a mortgage serv- MEEKS). These are all Democrats and by the Fair Debt Collection Practices ice who acquires responsibility for all members of the Committee on Fi- Act. servicing a mortgage by assignment, nancial Services. This legislation is consistent with sale, or transfer. They said this about the present the long-standing recommendations from the Federal Trade Commission to b 1300 state of the law and the need for the gentleman from California’s (Mr. improve the mortgage servicing proc- Under this exemption, a mortgage ROYCE) legislation: One, the present ess, and I urge my colleagues on both servicer could not be held liable for not Miranda notice misleads borrowers sides of the aisle to support this bipar- providing a notice of debtor right for about the nature of the new servicer’s tisan legislation to improve the mort- any loan that is actually in default at relationship. The most important thing gage servicing process for both the con- the time of the transfer of servicing a delinquent mortgage borrower can do sumer and companies who serve them. rights. This means that the exemption is call his or her servicer to work out Mr. OXLEY. Mr. Speaker, I rise in support of is narrowly drawn so as to affect a very options. The harshly worded warnings H.R. 1025, the ‘‘Mortgage Servicing Clarifica- small number of mortgages. actually discourage borrowers from tion Act,’’ providing a narrow but necessary Mr. Speaker, this is a fine bill. I urge doing just that, from contacting the exemption for mortgage servicers from certain support for H.R. 1025. new servicer out of fear that the com- requirements of the Fair Debt Collection Prac- Mr. Speaker, I reserve the balance of pany is simply another debt collector. tices Act (FDCPA) with respect to federally re- my time. Two, the notice protects borrowers lated mortgage loans secured by a first lien. Mr. ROYCE. Mr. Speaker, I yield from providing information that the I want to commend Congressman ROYCE such time as he may consume to the mortgage servicer already has in its and Congressman KANJORSKI for introducing gentleman from Alabama (Mr. BACH- possession. Mortgage servicers already this legislation, as well as Ranking Member US), the chairman of the Subcommittee possess detailed information about the FRANK for helping to guide this important on Financial Institutions and Con- borrower in the loan files. Third, the measure through the legislative process. This sumer Credit. notice hurts customer relationships for legislation passed by a voice vote in the 107th Mr. BACHUS. Mr. Speaker, first of the remaining term of the mortgage. Congress and passed last Congress on a vote all, I would like to commend the gen- The mini-Miranda warning is required of 424–0. tleman from California, who must feel in all subsequent contacts with the When a mortgage servicer acquires the right like it is Ground Hog Day because he borrower even after the customer has to service a loan portfolio, the servicer is gen- has actually been out here two prior brought their loan current and main- erally exempt from complying with the FDCPA times on this bill. In the 107th Con- tained them for years. In other words, because the Act extends the creditor’s exemp- gress, it passed by voice vote. In the under the present state of the law, tion to the new servicer. The problem arises 108th Congress, the gentleman from these customers are treated for years because in a typical loan servicing transfer, a California (Mr. ROYCE) was here, and to come as if they are delinquent or in percentage of the loans transferred are delin- his bill passed 424 to nothing, and yet default, and that is an insulting thing quent or in default. These loans are tech- it died in the other body, not because when they have brought their mort- nically covered by FDCPA provisions requiring there was opposition, but it simply got gages up to speed. the new mortgage servicer to include harshly

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K06AP7.024 H06PT1 H1794 CONGRESSIONAL RECORD — HOUSE April 6, 2005 worded notices to its borrowers identifying the The SPEAKER pro tempore (Mr. Native American Housing Assistance and servicer as a ‘‘debt collector’’ and warning the BOOZMAN). The question is on the mo- Self-Determination Act of 1996 (25 U.S.C. borrower that any information he or she dis- tion offered by the gentleman from 4131(b)); and (6) section 457 of the Cranston-Gonzales closes to the servicer will be used in the debt California (Mr. ROYCE) that the House National Affordable Housing Act (42 U.S.C. collection process. These notices are com- suspend the rules and pass the bill, 12899f) should be amended to include Indian monly referred to as ‘‘Miranda notices,’’ and H.R. 1025, as amended. tribes, tribally designated housing entities, they can have the unintended consequences The question was taken; and (two- or other agencies that primarily serve Indi- of discouraging borrowers from contacting thirds having voted in favor thereof) ans as eligible applicants for YouthBuild their new service provider. the rules were suspended and the bill, grants. Under the exemption made by H.R. 1025, a as amended, was passed. SEC. 3. TREATMENT OF PROGRAM INCOME. mortgage servicer would not be required to A motion to reconsider was laid on Section 104(a)(2) of the Native American provide a Miranda notice upon the first contact the table. Housing Assistance and Self-Determination with its new customer, as well as in all subse- Act of 1996 (25 U.S.C. 4114(a)(2)) is amended quent contacts, on those loans that were in f by inserting ‘‘restrict access to or’’ after ‘‘not’’. default at the time of transfer. However, mort- NATIVE AMERICAN HOUSING SEC. 4. CIVIL RIGHTS COMPLIANCE. gage services would not qualify for this ex- ENHANCEMENT ACT OF 2005 Title V of the Housing Act of 1949 (42 emption with respect to other loans that may Mr. RENZI. Mr. Speaker, I move to U.S.C. 1471 et seq.) is amended by adding at go into default after the transfer occurs. suspend the rules and pass the bill the end the following: Let me close by saying that this bill is draft- (H.R. 797) to amend the Native Amer- ‘‘SEC. 544. INDIAN TRIBES. ed to be consistent with previous rec- ‘‘(a) IN GENERAL.—Federally recognized In- ican Housing Assistance and Self-De- ommendations by the Federal Trade Commis- dian Tribes who exercise powers of self-gov- sion, the agency charged with the enforce- termination Act of 1996 and other Acts ernment (or their instrumentalities) shall ment of the FDCPA, and is supported by a va- to improve housing programs for Indi- comply with the Indian Civil Rights Act riety of financial services trade groups, includ- ans. (title II of the Civil Rights Act of 1968; 25 ing the Consumer Mortgage Coalition, Amer- The Clerk read as follows: U.S.C. 1301–1303) when receiving assistance H.R. 797 under this title. ican Financial Services Association, and Mort- ‘‘(b) EXEMPTION.—Title VI of the Civil gage Bankers Association. Be it enacted by the Senate and House of Rep- Rights Act of 1964 (42 U.S.C. 2000d et seq.) I urge my colleagues to support this bill. resentatives of the United States of America in and title VIII of the Civil Rights Act of 1968 Mr. KANJORSKI. Mr. Speaker, as the lead- Congress assembled, (42 U.S.C. 3601 et seq.) shall not apply to— ing Democratic supporter of H.R. 1025, I rise SECTION 1. SHORT TITLE. ‘‘(1) tribes covered by the Indian Civil today in strong support of the Mortgage Serv- This Act may be cited as the ‘‘Native Rights Act (title II of the Civil Rights Act of icing Clarification Act. It is a good piece of leg- American Housing Enhancement Act of 1968; 25 U.S.C. 1301–1303); or islation that will fix a technical problem under 2005’’. ‘‘(2) tribes acting under section 201(b) of existing law. SEC. 2. FINDINGS. the Native American Housing Assistance and Under the current Fair Debt Collections Congress finds that— Self-Determination Act of 1996 (25 U.S.C. 4131(b)).’’. Practices Act, when a mortgage servicer ac- (1) there exist— SEC. 5. ELIGIBILITY OF INDIAN TRIBES FOR quires the rights to service a loan portfolio it (A) a unique relationship between the Gov- ernment of the United States and the gov- YOUTHBUILD GRANTS. is generally exempt from complying with the ernments of Indian tribes; and Section 457(2) of the Cranston-Gonzales Na- law’s requirements because the act extends (B) a unique Federal trust responsibility to tional Affordable Housing Act (42 U.S.C. the creditor’s exemption to the new servicer. Indian people; 12899f(2)) is amended— In a typical loan servicing transfer, however, a (2) Native Americans experience some of (1) in subparagraph (F), by striking ‘‘and’’ certain percentage of loans will be delinquent the worst housing conditions in the country, at the end; or in default at the time of the transfer. These with— (2) by redesignating subparagraph (G) as loans are therefore technically covered by the (A) 32.6 percent of Native homes being sub-paragraph (H); and (3) by inserting after subparagraph (F) the Fair Debt Collection Practices Act, even overcrowded; (B) 33 percent lacking adequate solid waste following: though the new servicer has a fundamentally management systems; ‘‘(G) an Indian tribe, tribally designated different relationship with the borrower than a (C) 8 percent lacking a safe indoor water housing entity (as defined in section 4 of the true debt collector. supply; and Native American Housing Assistance and H.R. 1025 would resolve this problem by es- (D) approximately 90,000 Native families Self-Determination Act of 1996 (25 U.S.C. tablishing a very narrow exemption for who are homeless or underhoused; 4103)), or other agency primarily serving In- servicers of first lien mortgages from the no- (3) the poverty rate for Native Americans dians; and’’. tice requirements of the Fair Debt Collection is twice that of the rest of the population of The SPEAKER pro tempore. Pursu- Practices Act. All other substantive borrower the United States; ant to the rule, the gentleman from Ar- protections provided by the Fair Debt Collec- (4) the population growth of Native Ameri- izona (Mr. RENZI) and the gentleman cans that began in the latter part of the 20th tion Practices Act would remain in full force. from Utah (Mr. MATHESON) each will century increased the need for Federal hous- Additionally, the exemption is available only to ing services; control 20 minutes. servicers that are primarily engaged servicing (5)(A) under the requirements of the Native The Chair recognizes the gentleman current loans. American Housing Assistance and Self-De- from Arizona (Mr. RENZI). We worked for several years to narrow the termination Act of 1996 (25 U.S.C. 4101 et GENERAL LEAVE exemption created by this bill in order to ad- seq.), members of Indian tribes are given Mr. RENZI. Mr. Speaker, I ask unani- dress the concerns of all interested parties. preference for housing programs; mous consent that all Members may The legislation also passed the House in the (B) a primary purpose of the Act is to have 5 legislative days within which to 107th Congress and the 108th Congress, and allow Indian tribes to leverage funds with revise and extend their remarks and to other Federal and private funds; when we last passed this bill it was approved include extraneous material on this by a vote of 424 to 0. I expect that we will (C) the Department of Agriculture has been a significant funding source for housing for legislation. again today pass this bill in the 109th Con- Indian tribes; and The SPEAKER pro tempore. Is there gress with similar bipartisan support. (D) to allow assistance provided under the objection to the request of the gen- In closing, Mr. Speaker, the provisions of Act and assistance provided by the Secretary tleman from Arizona? H.R. 1025 are consistent with longstanding of Agriculture under other law to be com- There was no objection. recommendations by the Federal Trade Com- bined to meet the severe housing needs of In- Mr. RENZI. Mr. Speaker, I yield my- mission, under the Clinton and Bush Adminis- dian tribes, the Housing Act of 1949 (42 U.S.C. self 5 minutes. trations, to improve the application of the Fair 1471 et seq.) should be amended to allow for Mr. Speaker, I am pleased to have on Debt Collection Practices Act to mortgage the preference referred to in subparagraph the floor today H.R. 797, the Native servicing activities. I urge my colleagues to (A) by granting an exemption from title VI American Housing Enhancement Act of of the Civil Rights Act of 1964 (42 U.S.C. 2000d support this common-sense, technical-fix legis- et seq.) and title VIII of the Civil Rights Act 2005, which I introduced this year with lation. of 1968 (42 U.S.C. 3601 et seq.) to tribes who the gentleman from Utah (Mr. MATHE- Mr. ROYCE. Mr. Speaker, I have no comply with the Indian Civil Rights Act SON). further requests for time, and I yield (title II of the Civil Rights Act of 1968; 25 While visiting with my Navaho and back the balance of my time. U.S.C. 1301–1303), or who are acting under the Apache constituents, I have learned

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.007 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1795 that there is a need for a real focus on Current tragic events make clear the al governments are not punished for long-term housing planning. If we can need to allow our children, our Native developing successful income-gener- help tribes be flexible with their grant American children, to participate in a ating housing stock. money, we can see great projects such program that builds stronger neighbor- This legislation is a top priority of as Apache Dawn, a multiphased con- hoods, safe homes, more self-esteem, the United Native American Housing struction development by the White and make a difference for their future. Association, a regional group that rep- Mountain Apaches that was built be- I ask support for this bill. resents 32 housing programs in the cause they were able to be flexible and Mr. Speaker, I reserve the balance of HUD Northern Plains Region, includ- creative with their funding. my time. ing all of South Dakota. It also is simi- This bill makes three changes that Mr. MATHESON. Mr. Speaker, I yield lar to legislation introduced in the will help Native American commu- such time as she may consume to the Senate this year by my colleague TIM nities in rural Arizona and other Na- gentlewoman from South Dakota (Ms. JOHNSON. tive American communities through- HERSETH), who is a true leader on all Of course, there is much more to be out America better address their hous- Native American issues, and I know done. Congress should acknowledge and ing needs. The first section of this bill she has great concern on housing issues live up to the treaty obligations that will clarify that tribes are allowed un- as well. we have with tribes across the country restricted access to new NAHASDA Ms. HERSETH. Mr. Speaker, I want and respect the sovereignty of tribal funds even if they still retain program to thank the distinguished gentleman governments. One way to do this is by income from previous years. Currently from Utah (Mr. MATHESON) for yielding responding to the substantial housing the tribe’s grant money may be re- me time to voice my support for the needs on our reservations by funding stricted if that tribe is receiving pro- Native American Housing Enhance- NAHASDA at a level that will allow gram income in excess of their oper- ment Act of 2005, and I would like to tribal members to live with dignity in ating costs. This clarification is crit- thank the distinguished gentleman safe, sanitary housing. ical to ensure that we are not creating from Arizona (Mr. RENZI), with whom I Mr. Speaker, I hope the passage of a disincentive for tribes to create hous- have the pleasure of serving on the this legislation emphasizes the current ing plans for their future develop- Committee on Resources, for intro- housing needs in Indian Country and ments. ducing this important legislation. resonates with my colleagues. It is a Second, this bill also brings USDA As my colleagues have indicated, the step in the right direction, but we can housing programs in line with HUD Native American Housing Enhance- and we must do more. programs in allowing Indian preference ment Act of 2005 will ensure that which lets tribes abide by the Indian Mr. RENZI. Mr. Speaker, I yield such Congress’s intent is carried out with time as he may consume to the gen- Civil Rights Act. Currently tribal gov- respect to tribal access to new ernments may not exercise Indian pref- tleman from Oklahoma (Mr. COLE), NAHASDA funds. The gentleman from who is a member of the Chickawa erence for USDA programs because it Arizona made the compelling point would be considered a civil rights vio- Tribe. The gentleman from Oklahoma that the act will also create a more ap- (Mr. COLE) is a true fighter and advo- lation for giving preference based upon propriate civil rights standard for trib- racial designation. Indian preference is cate for those in Indian Country across al governments administering USDA our Nation. something tribal governments value housing programs and will give tribes greatly in addressing the needs of their Mr. COLE of Oklahoma. Mr. Speaker, access to an important housing and I would be in trouble if I did not say citizens. It is not a race issue. Indian youth services program known as preference recognizes the political des- Chickasaw Tribe. Youthbuild. Mr. Speaker, I rise today in support ignation of tribes as sovereign entities In my conversations with tribal lead- of H.R. 797, the Native American Hous- with whom we have entered into a gov- ers and tribal housing officials from ing Enhancement Act of 2005. I com- ernment-to-government relationship. across the State of South Dakota, the mend the gentleman from Arizona (Mr. This amendment will help ensure message is consistent. There is a des- RENZI) for bringing such an important greater tribal usage of USDA rural de- perate need for more housing in Indian piece of legislation before the House velopment programs. Country. This is because historically for consideration. Because another program that tribes there has been inadequate funding pro- This bill allows tribes to maximize use for their youth program existed vided for housing programs. For in- funding resources provided through the when NAHASDA was enacted, stance, on the Pine Ridge Reservation, Native American Housing and Self-De- Youthbuild, accessibility was taken home to the Oglala Sioux Tribe in termination Act of 1996. It also rein- away. Not only are tribes prohibited southwest South Dakota, current forces tribal sovereignty by allowing from applying for Youthbuild funds, NAHASDA funding levels are insuffi- tribes to focus certain Federal housing but organizations serving Native cient to allow them to address their funding solely on tribal members. Fi- youths are prohibited as well; yet the very acute housing needs. In Pine nally, it will reinstate tribal access to statistics are overwhelming. Mr. Ridge it is not uncommon to have 25 Federal funding for youth programs. Speaker, the suicide rate for Native individuals or more living in one hous- American youth is three times the na- ing unit. Mr. Speaker, my colleague, the gen- tional average. Alcohol-related deaths I hear similar concerns from other tleman from Arizona (Mr. RENZI), has among Native Americans ages 15 to 24 tribes, from the Cheyenne River Sioux been a tireless champion for the Native are 17 times higher than the national Tribe in the north to the Sisseton- American community, whether rein- average. American Native youth ages Wahpeton Oyate in eastern South Da- forcing tribal sovereignty, encouraging 12 to 20 are 58 percent more likely to kota, and please bear in mind that economic diversification, increasing become crime victims than any other these reservations are located in an educational opportunities, or improv- race of the same age span. And as of area of the country where tempera- ing the quality of life for Native Amer- February 2001, 74 percent of youth in tures can reach 25 below or colder in icans. I commend the gentleman from custody in the Federal Bureau of Pris- the wintertime. Arizona for his leadership in advancing ons System were Native American the causes of the Native American youths, an increase of 50 percent since b 1315 community and urge support for the 1994. Native American youth represent Adequate housing on South Dakota’s passage of the Native American Hous- 1 percent of the U.S. population, yet reservations is truly a matter of life ing Enhancement Act of 2005. constitute as much as 3 percent of the and death. Mr. MATHESON. Mr. Speaker, I yield youth arrests for larceny, thefts and This legislation is a meaningful step myself such time as I may consume. liquor law violations. These grim sta- in the right direction. It would allow Mr. Speaker, it is important that we tistics speak to the importance of pro- tribes unrestricted access to new are considering this bill today on the grams that teach life skills and give a NAHASDA funds, even if they still House floor. I do commend the leader- sense of community to children in In- maintain program income from pre- ship of the Committee on Financial dian Country. vious years. This will ensure that trib- Services, the gentleman from Ohio (Mr.

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.028 H06PT1 H1796 CONGRESSIONAL RECORD — HOUSE April 6, 2005 OXLEY) and the gentleman from Massa- Specifically, the bill will amend the Mr. RENZI. Mr. Speaker, I yield my- chusetts (Mr. FRANK), and the leader- current law to explicitly direct the De- self such time as I may consume. ship of the subcommittee, the gen- partment of Housing and Urban Devel- Mr. Speaker, I also want to thank tleman from Ohio (Mr. NEY) and the opment to allow tribes unrestricted ac- the gentleman from Utah for his advo- gentlewoman from California (Ms. WA- cess to new Native American Housing cacy and particularly for the leader- TERS). They exhibit bipartisanship in Assistance and Self-Determination Act ship he showed during the hearing out an effort to get legislation done that is funds, even if they still retain program in Navajo Country. important, and that is why we are here income funds from previous years. You In closing, I want to thank the gen- today. have heard that described by a couple tleman from Ohio (Chairman NEY), who I certainly thank my colleague, the of speakers before me. has been a tireless advocate on Native gentleman from Arizona (Mr. RENZI). This is so important, because some- American housing issues, who rep- The gentleman from Arizona (Mr. times when investments get made in resents a tough district with a lot of RENZI) and I share the privilege and new housing, there is a rental stream rural needs, and who understands and honor of representing the Navajo Na- or income that comes off of that hous- has articulated the message that is tion. I can tell you the gentleman from ing; and if the law is interpreted in a now getting out across the country, the Arizona (Mr. RENZI) has been a tireless way we do not want to have happen, it need to help so many of our first citi- advocate for Navajo issues and Native prevents new funds from coming in to zens, the Native Americans of our Na- American issues in general, and I value move ahead with additional housing tion. the relationship I have had with him programs. This act today addresses Mr. RENZI. Mr. Speaker, I am pleased to working on those issues. that problem so we can continue to have on the House floor today H.R. 797, the This bill, H.R. 797, the Native Amer- make progress. Native American Housing Enhancement Act ican Housing Enhancement Act, is an The bill will also amend the Housing which I introduced earlier this year with my important bill in making a few simple Act of 1949 and will bring USDA hous- colleague Mr. MATHESON of Utah. changes to current law that will im- ing programs into line with HUD In- While visiting with my Navajo and Apache prove Native American access to hous- dian housing programs in allowing In- constituents, I have learned that there is a ing. dian preference. Last year, and quite frankly, this was need for a focus on long term housing plan- Finally, of course, the bill will rein- ning. If we can help tribes be flexible with their at the instigation of the gentleman state Indian access to YouthBuild grant money we will see great projects such from Arizona (Mr. RENZI), there was a grants. The grants are part of a Hous- as Apache Dawn, a multi-phase construction field hearing that took place on the ing and Urban Development Depart- development by the White Mountain Apache Navajo Reservation; and the Com- ment program that provides job train- that was built because they were able to be mittee on Financial Services sponsored ing and academic assistance to low-in- flexible and creative with their funding. this field hearing, which I believe is the come young people. Ensuring that This bill makes three changes to help Native first housing field hearing ever to take tribes are eligible to create for American communities in rural Arizona, and place on the reservation. YouthBuild grants will fill a void in ac- across the nation, better address their housing The gentleman from Arizona (Mr. cess to funding for youth programs in needs. RENZI), along with the gentleman from Indian Country. Ohio (Mr. NEY) and the gentlewoman So as I said, this bill does take some The first section of this bill will clarify that from California (Ms. WATERS), and I important steps forward in addressing tribes are allowed unrestricted access to new toured parts of the reservation before the housing needs of Native Americans. NAHASDA funds even if they still retain pro- the hearing, heard from many wit- Beyond that, there are two other les- gram income from previous years. nesses from a number of tribes, and we sons I think we can learn from this Currently a tribes’ grant money may be re- learned a lot during that hearing. We bill, and I think a lot of people in Con- stricted if that tribe is receiving program in- saw some startling things, and we gress might want to pay attention to come in excess of their operating costs. learned a lot that needs to be ad- this. This clarification is crucial to ensure that we dressed. The first is, I think, we worked the are not creating a disincentive for tribes to cre- We learned the poverty rate for Na- way we are supposed to work. We heard ate income or plan for their future develop- tive Americans is twice that of the rest from constituents, we went and con- ments. of the U.S. population; that many Na- ducted a field hearing, we listened to a This bill also brings USDA housing pro- tive Americans continued to live in ap- lot of tribes from around this country. grams into line with HUD programs in allowing palling housing conditions, even as We took that information back Indian preference which lets tribes abide by those in much of the Nation have im- through the leadership of the gen- the Indian Civil Rights Act. proved, and we saw some of those con- tleman from Arizona (Mr. RENZI). Currently, tribal governments may not exer- ditions when we toured the reserva- We have now formed legislation to cise Indian preference for USDA programs be- tion. address some of the problems that were cause it would be considered a Civil Rights American Indians and Alaskan native appropriately brought to our attention violation for giving preference based on a ra- populations live in housing that is during the hearing process, and this cial designation. often and justifiably compared to legislation is before us today. If it Indian preference is something tribal gov- third-world nations. One out of every passes, as I am confident it will, hope- ernments value greatly in addressing the five Indian homes lacks complete fully it will move in the other body as needs of their citizens—it is not a race issue. plumbing facilities. Over 90,000 Amer- we will and we will make some Indian preference recognizes the political des- ican Indians and Alaska Natives are progress on an issue. That is why we ignation of tribes as sovereign entities with homeless or underhoused. So I am so are elected in this body, is to make whom we have entered into a government to pleased that as a result of the sub- progress on issues. government relationship. committee hearing out on the reserva- The second lesson is the relationship This amendment will help to ensure greater tion and the testimony we heard that that the gentleman from Arizona (Mr. tribal usage of USDA Rural Development pro- the bipartisan work of the gentleman RENZI) has exhibited in working with grams. from Arizona (Mr. RENZI) and of others folks on the other side of the aisle. It Because another program that tribes used that we are bringing to the floor today is a valuable bipartisan relationship. It for their youth programs existed when can help address at least some of these is the way you get things done around NAHASDA was enacted, YouthBuild accessi- issues. here. bility was taken away. This bill will not address all of the So I commend the gentleman from Not only are tribes prohibited from applying challenges associated with Native Arizona (Mr. RENZI) on his leadership for Youthbuild funds, but organizations serving American housing, but it will provide on this issue, and I thank my col- Native youth are prohibited as well, yet the progress on the issue. It takes a posi- leagues for bringing the bill to the statistics are overwhelming: tive step by stretching existing re- floor. I certainly encourage this bill’s The suicide rate for Native youth is three sources and creating flexibility in the adoption. times the national average . Alcohol related delivery of housing for Native Ameri- Mr. Speaker, I yield back the balance deaths among Native Americans ages 15–24 cans. of my time. are 17 times higher than the national average.

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K06AP7.029 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1797 Native youth ages 12–20 are 58 percent The measure also exempts tribes currently and tribes acting under other federal afford- more likely to become crime victims than any in compliance with the Indian Civil Rights Act able housing programs from compliance with other race of the same ages. and tribes acting under other federal afford- certain sections relating to fair housing under As of February 2001, 74 percent of youth in able housing programs from compliance with other civil rights laws, which overlap with pro- custody in the Federal Bureau of Prisons sys- certain sections relating to fair housing under visions in the Indian Civil Rights Act. tem were Native American youth, an increase other civil rights laws, which overlap with pro- The bill makes Indian tribes or their housing of 50 percent since 1994. visions in the Indian Civil Rights Act. entities eligible for Youthbuild grants. The Native American youth represent 1 percent The bill makes Indian tribes or their housing grants are part of a Housing and Urban Devel- of the U.S. population, yet they constitute 2 entities eligible for Youthbuild grants. The opment Department program that provides job percent to 3 percent of the youth arrested for grants are part of a Housing and Urban Devel- training and academic assistance to low-in- offenses such as larceny-theft and liquor law opment Department program that provides job come young people. violations. training and academic assistance to low-in- Finally, the measure clarifies that the Interior These grim statistics speak to the impor- come young people. Department cannot restrict access to or re- tance of programs that teach life skills and Finally, the measure clarifies that the Interior duce funds going to tribes receiving block give a sense of community to children in In- Department cannot restrict access to or re- grants under the Native American Housing As- dian Country. Current tragic events make clear duce funds going to tribes receiving block sistance and Self-Determination Act of 1996 the need to allow these children to participate grants under the Native American Housing As- (PL 104–330). in a program that will build stronger neighbor- sistance and Self-Determination Act of 1996 Development programs delivered to Indian hoods, more selfesteem and make a dif- (PL 104–330). Country should be highly flexible and adaptive ference for their future. While this legislation does not make monu- to the very unique and specific circumstance Thank you for the opportunity to speak on mental changes, it makes changes that will in each tribal setting. Native Americans must this matter and I urge your support of this bill. help stretch the housing resources available to Mr. OXLEY. Mr. Speaker, I rise in strong be able to take full advantage of partnering Native Americans. I urge my colleagues to support of H.R. 797, the Native American and leveraging efforts across institutions and support. at all levels of government. Housing Enhancement Act of 2005 and want Mr. NEY. Mr. Speaker, I rise in strong sup- to commend the sponsor of the legislation, the While today’s legislation does not make port of H.R. 797, the Native American Housing gentleman from Arizona, RICK RENZI, for his monumental changes, it will help stretch the Enhancement Act of 2005. I would like to tireless work and continued dedication to im- housing resources available to Native Ameri- thank my colleague and friend, Cong. RICK proving the housing conditions for Native cans. If we begin to succeed at these initia- RENZI from Arizona, for his hard work to bring Americans in this country. tives, then opportunities will move into these Native Americans are three times more like- this legislation to the floor. His commitment to rural areas. As we work to help strengthen op- ly to live in overcrowded housing, and are improving the housing conditions in Indian portunities in Indian Country, together we will more likely than other Americans to lack sew- Country is an example we should all follow. all continue to play a significant role in improv- age and water systems, telephone lines and Native Americans today are experiencing ing the quality of life for all families. electricity, according to the 2000 U.S. Census. chronic housing affordability problems. Over I urge my colleagues to support this piece of Nearly 12 percent of Native Americans lack 32.5 percent of the homes located on tribal legislation. complete plumbing, compared with 1.2 percent lands are overcrowded and less than 50 per- Mr. RENZI. Mr. Speaker, I have no of the general population. Native Americans cent of homes in Indian Country are con- further requests for time, and I yield have the highest poverty rates at 26 percent nected to public sewer systems. Approxi- back the balance of my time. and have the highest unemployment rate in mately 40 percent of tribal homes are consid- The SPEAKER pro tempore (Mr. the country at nearly 14 percent. ered substandard compared to a national av- BOOZMAN). The question is on the mo- Last year, in May, this Committee held the erage of six percent. tion offered by the gentleman from Ar- first Indian Housing Congressional hearing in Last May, the Subcommittee on Housing izona (Mr. RENZI) that the House sus- Tuba City, Arizona in Indian country. At that and Community Opportunity held a field hear- pend the rules and pass the bill, H.R. hearing, members were able to witness first ing in Tuba City, Arizona on the state of hous- 797. hand the substandard conditions experienced ing in Indian Country. The hearing was the The question was taken; and (two- by Native Americans and learned of the many first time the Housing Subcommittee held a thirds having voted in favor thereof) barriers to housing development on reserva- hearing on tribal lands. At this hearing, mem- the rules were suspended and the bill tions. bers were able to witness first hand the sub- was passed. After that hearing, this Committee took ac- standard conditions experienced by Native A motion to reconsider was laid on tion and enacted H.R. 4471, the Homeowner- Americans. It gave members the opportunity the table. ship Opportunities for Native Americans Act of to learn of the many barriers to housing devel- f 2004 to provide more chances to provide qual- opment on reservations. ity housing for Native Americans. That legisla- After that hearing, the Financial Services SUPPORTING THE GOALS AND tion restored the government repayment under Committee took action and passed H.R. 4471, IDEALS OF FINANCIAL LITERACY the Title VI Loan Guarantee Program from 80 which restored the government repayment MONTH percent to 95 percent in case of default. The under the Title VI Loan Guarantee Program Mr. GUTKNECHT. Mr. Speaker, I bill we are considering today represents an- from 80 percent to 95 percent in case of de- move to suspend the rules and agree to other installment in this Committee’s commit- fault. The bill we are considering today rep- the resolution (H. Res. 148) supporting ment to addressing the many housing needs resents another installment in this Committee’s the goals and ideals of Financial Lit- facing Native Americans. The legislation we commitment to addressing the many housing eracy Month, and for other purposes. are considering today, H.R. 797, represents needs facing Native Americans. The Clerk read as follows: another small step toward improving housing H.R. 797 requires federally recognized, self- H. RES. 148 for Native Americans in this country. governing Indian Tribes (whose self-governing First, it requires federally recognized, self- status would otherwise make them exempt) to Whereas the financial services industry in governing Indian Tribes (whose self-governing comply with the Indian Civil Rights Act—title II the United States benefits millions of people in the United States, providing products and status would otherwise make them exempt) to of the Civil Rights Act of 1968—if they receive services that allow individuals and families comply with the Indian Civil Rights Act—title II financial assistance from the Agriculture De- to build homes, buy cars, finance educations, of the Civil Rights Act of 1968—if they receive partment for farm housing. Under current law, start businesses, and meet everyday needs; financial assistance from the Agriculture De- the department can provide loans to farm Whereas personal financial education is es- partment for farm housing. Under current law, owners to improve housing conditions for sential to ensure that individuals are pre- the department can provide loans to farm themselves or their workers. The Indian Civil pared to manage money, credit, and debt, owners to improve housing conditions for Rights Act prohibits tribes from making laws and become responsible workers, heads of themselves or their workers. The Indian Civil that restrict freedom of religion, speech or the households, investors, entrepreneurs, busi- ness leaders, and citizens, yet a study com- Rights Act prohibits tribes from making laws press. It also sets other requirements per- pleted in 2004 by the Jump$tart Coalition for that restrict freedom of religion, speech or the taining to fair due process for people who are Personal Financial Literacy found that high press. It also sets other requirements per- arrested. school seniors know less about principles of taining to fair due process for people who are The measure also exempts tribes currently basic personal finance than did high school arrested. in compliance with the Indian Civil Rights Act seniors 7 years earlier;

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.012 H06PT1 H1798 CONGRESSIONAL RECORD — HOUSE April 6, 2005 Whereas financial education has been organizations, businesses, other entities, and tion, today I am pleased to join with linked to lower delinquency rates for mort- the people of the United States to observe my distinguished colleague, the gentle- gage borrowers, higher participation and the month with appropriate programs and woman from Illinois (Mrs. BIGGERT), to contribution rates in retirement plans, im- activities. proved spending and saving habits, higher sponsor this legislation in supporting The SPEAKER pro tempore. Pursu- financial literacy. I urge all Members net worth, and positive knowledge, attitude, ant to the rule, the gentleman from and behavior changes, yet a 2004 survey com- to vote in favor of the adoption of this pleted by the National Council on Economic Minnesota (Mr. GUTKNECHT) and the resolution. Education found that the number of States gentleman from Illinois (Mr. DAVIS) Mr. Speaker, I reserve the balance of that include personal finance in education each will control 20 minutes. my time. standards for students in kindergarten The Chair recognizes the gentleman Mr. DAVIS of Illinois. Mr. Speaker, I through high school has improved since 2002 from Minnesota (Mr. GUTKNECHT). yield myself such time as I may con- but still falls below 2000 levels; GENERAL LEAVE Whereas expanding access to the main- sume. stream financial system provides individuals Mr. GUTKNECHT. Mr. Speaker, I ask Mr. Speaker, financial literacy may with lower-cost and safer options for man- unanimous consent that all Members be more important today than during aging finances and building wealth and is may have 5 legislative days within any other time in our Nation’s history. likely to lead to increased economic activity which to revise and extend their re- That is why I am pleased to support H. and growth, yet studies show that as many marks and include extraneous material Res. 148, introduced by the gentle- as 10 million households in the United States on H. Res. 148. woman from the Great State of Illinois are ‘‘unbanked’’ or are without access to The SPEAKER pro tempore. Is there (Mrs. BIGGERT), which supports the mainstream bank products and services; Whereas personal financial management objection to the request of the gen- goals of Financial Literacy Month for skills and lifelong habits develop during tleman from Minnesota? Youth. childhood, and 55 percent of college students There was no objection. As the resolution notes, a study by acquire their first credit card during their Mr. GUTKNECHT. Mr. Speaker, I the Jump$tart Coalition for Personal first year in college, and 92 percent of college yield myself such time as I may con- Financial Literacy found that 92 per- students acquire at least one credit card by sume. cent of college students have at least their second year in college, yet only 26 per- Mr. Speaker, as a member of the one credit card by their sophomore cent of people between the ages of 13 and 21 Committee on Government Reform, I reported that their parents actively taught year. This fact becomes alarming when them how to manage money; am pleased to call up House Resolution you consider that the same study found Whereas although more than 42,000,000 peo- 148 for consideration. This valuable res- that only 26 percent of people between ple in the United States participate in quali- olution supports the goals and ideals of the ages of 13 and 21 claimed that they fied cash or deferred arrangements described Financial Literacy Month, and its pur- had been taught how to manage their in section 401(k) of the Internal Revenue pose is to increase awareness of the sig- money by their parents. This resolu- Code of 1986 (commonly referred to as ‘‘401(k) nificance of well-planned personal fi- tion serves as an important wake-up plans’’), a Retirement Confidence Survey nancial management. I strongly sup- call for all of us: the administration, conducted in 2004 found that only 42 percent of workers surveyed have calculated how port this goal, and I encourage my col- Congress, and the American taxpayer. much money they will need to save for re- leagues to join me in support of this As the economy begins to rebound tirement and 4 in 10 workers say that they important resolution. from an arduous period, now is an op- are not currently saving for retirement; Mr. Speaker, it can be overwhelming portune time to teach all Americans, Whereas personal savings as a percentage for Americans of any age to establish young and old, about fiscal responsi- of personal income decreased from 7.5 per- and manage income, savings, and cred- bility. The Jump$tart Coalition’s aim cent in the early 1980s to 1.1 percent in the it. But learning simple financial prin- is to identify personal finance mate- last two quarters of 2004; ciples can help protect against illness Whereas Congress sought to implement a rials for educating our youth. To that national strategy for coordination of Federal or disability, long-term losses of unem- end, they have established 12 must- financial literacy efforts through the estab- ployment, and other aspects of life that know personal finance principles for lishment of the Financial Literacy and Edu- most of us will experience at one time young people if they want to improve cation Commission (FLEC) in 2003, the des- or another. their financial future. ignation of the Office of Financial Education Mr. Speaker, the resolution cites The 12 financial principles stressed of the Department of the Treasury to provide that over the last 20 years, personal during Financial Literacy Month for support for the Commission, and require- savings have decreased from about 7.5 youth are, one, map your financial fu- ments that the Commission’s materials, percent of personal income during the website, toll-free hotline, and national ture; do not expect something for noth- multimedia campaign be multilingual; 1980s to only 1.1 percent in the last two ing; high returns equal high risk; know Whereas Members of the United States quarters of 2004. This, I am afraid, your take-home pay; compare interest House of Representatives established the Fi- shows the dangerous reality that un- rates; pay yourself first; money doubles nancial and Economic Literacy Caucus fortunately Americans are relying too by the rule of 72, which is a way of de- (FELC) in February 2005 to (1) provide a much on credit and many are spending termining how long it takes your forum for interested Members of Congress to beyond their means. money to double while in the bank; work in collaboration with the Financial Most Americans and their families your credit past is your credit future; Literacy and Education Commission, (2) will experience lean financial times highlight public and private sector best- start saving young; stay insured; budg- practices, and (3) organize and promote fi- sometime during their lives. That is et your money; and do not borrow what nancial literacy legislation, seminars and why the message of this resolution is you cannot repay. events, such as ‘‘Financial Literacy Month’’ so important and why we need to en- These important, but basic, prin- in April 2005 and the annual ‘‘Financial Lit- courage schools to teach our young ciples are of value to all of us. But let eracy Day’’ fair on April 27, 2005; and people the principles of personal fi- me add one more, since the 15th is not Whereas the National Council on Economic nance at early ages. too far away: pay your taxes, and on Education, its State Councils and Centers for Life is uncertain, and jobs change. time. Economic Education, the Jump$tart Coali- Family circumstances and macro- Mr. Speaker, I am pleased to endorse tion for Personal Financial Literacy, its economic instability can affect every State affiliates, and its partner organiza- this resolution supporting the goals of tions have designated April as ‘Financial one of us. But we as a Nation can be Financial Literacy for Youth Month Literacy Month’ to educate the public about confident that we will ultimately enjoy and urge all of my colleagues to sup- the need for increased financial literacy for big returns on our investments in fi- port it as well. As a matter of fact, my youth and adults in the United States: Now, nancial literacy. mother used to tell us that if you take therefore, be it Mr. Speaker, several important care of your nickels, then your quar- Resolved, That the House of Representa- groups, including the National Center ters will take care of themselves. tives— on Economic Education, the Jump$tart (1) supports the goals and ideals of Finan- Mr. Speaker, I reserve the balance of cial Literacy Month; and Coalition For Personal Financial Lit- my time. (2) requests that the President issue a eracy and their partner organizations Mr. GUTKNECHT. Mr. Speaker, I proclamation calling on the Federal Govern- consider April to be Financial Literacy yield myself such time as I may con- ment, States, localities, schools, nonprofit Month. Consistent with this designa- sume.

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.010 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1799 Mr. Speaker, I thank the gentleman gress, Federal agencies, State and local lines, but it is an issue nonetheless from Illinois for his support for this governments, schools, the private sec- that should command our attention. important resolution, and I thank him tor, not-for-profit and for-profit groups While it is a problem that is serious for his wit and wisdom. have worked hard and made incre- and urgent, it is one that can be solved Madam Speaker, at this time I am mental strides toward improving the fi- through education. That is why I urge pleased to yield such time as she may nancial aptitude of Americans of all my colleagues to support this resolu- consume to the gentlewoman from Illi- ages and walks of life. However, there tion in support of financial literacy. It nois (Mrs. BIGGERT), the author of this is so much more that we can and must is our duty to help our citizens of all resolution. do to turn the tide. ages and walks of life to succeed in to- Mrs. BIGGERT. Madam Speaker, I Many States have implemented out- day’s increasingly sophisticated world thank the gentleman from Minnesota standing financial literacy programs of finance. for yielding me time and for cospon- for children. In my home State of Illi- I want to thank my distinguished soring this resolution and for his advo- nois, State Treasurer Judy Baar colleague and friend, the gentleman cacy for financial literacy. Topinka created the Bank At School from Texas (Mr. HINOJOSA), for his Madam Speaker, I rise today in program which helps children learn the strong support and sponsorship of this strong support of House Resolution 148, fundamentals of money management resolution. I would also like to thank which my colleague, the gentleman through the operation of an in-school the chairman of the Committee on from Texas (Mr. HINOJOSA), and I intro- bank. Schools are partnering with fi- Government Reform, the gentleman duced for a second year to designate nancial institutions which conduct a from Virginia (Mr. DAVIS), for being a April as Financial Literacy Month. We monthly Bank Day at the school where cosponsor of this resolution and mov- did this once again to raise public students open savings accounts and ing it through his committee. I would awareness about the importance of fi- make regular deposits. especially like to thank the gentleman nancial education in the United States I believe that programs like this will from Minnesota (Mr. GUTKNECHT) and and the serious consequences that provide the guidance that is des- the gentleman from Illinois (Mr. come when young people, adults, and perately needed; but we do need to do DAVIS), also members of the Committee older Americans lack basic under- more. We need to coordinate our pro- on Government Reform, for managing standing of personal finance and eco- grams. We need to improve America’s this resolution. I would also like to nomics. financial report card, and we need to thank the distinguished gentlewoman encourage financially sound behavior. b 1330 from Ohio (Ms. PRYCE) for her support In Congress we catapulted the Finan- of the resolution and dedication to this Madam Speaker, ours is a compelling cial Literacy Movement into action initiative. case, and I know that many Members when we passed the Fair and Accurate In conclusion, I would like to thank of the House who cosponsored this res- Credit Transactions Act. This act es- all of the Members who cosponsored olution agree that our country is in a tablished the Financial Literacy and this resolution for their support. financial literacy deficit. The most re- Education Commission, which has Mr. DAVIS of Illinois. Madam Speak- cent statistics indicate that most of made great strides since its first meet- er, it is my pleasure to yield such time our States do not require schools to ing in 2004. They have established a as he might consume to the gentleman have financial literacy programs, and 7 Website, mymoney.gov., and are in the from Texas (Mr. HINOJOSA), the cospon- out of 10 of our children and grand- process of developing a national strat- sor of this resolution. children failed a basic financial lit- egy. (Mr. HINOJOSA asked and was given eracy exam. While the Commission’s work to date permission to revise and extend his re- The numbers look equally bad for has been commendable, some of us in marks, and include extraneous mate- young and older adults. Studies show Congress thought that we ought to do rial.) that almost all of our Nation’s college more. That is why in February, the Mr. HINOJOSA. Madam Speaker, I students have a credit card by the sec- gentleman from Texas (Mr. HINOJOSA) rise in support of House Resolution 148 ond year of college, but only about a and I formed the Financial and Eco- that the gentlewoman from Illinois quarter report that their parents ac- nomic Literacy Caucus. The caucus (Mrs. BIGGERT) and I introduced earlier tively taught them how to manage currently has 45 Members with 23 Re- this year. The legislation supports the money. The number of bankruptcies re- publicans, 21 Democrats, and 1 Inde- ideals and the goals of Financial Lit- mains at a historic high. Over 1.6 mil- pendent. We all agree that financial eracy Month, which falls in April of lion bankruptcy cases were filed in literacy is a national priority, and our each year. 2004. goal is to bring together interested Before I proceed, I want to take this And we all know Social Security will parties and participants at the na- opportunity to thank the gentlewoman soon reach a juncture, and now is the tional, State, and local levels to estab- from Virginia (Mrs. JO ANN DAVIS), the time for us to encourage our children lish best practices and to promote fi- chairman of the Subcommittee on Civil and young and older adults to embrace nancial and economic literacy on Cap- Service, and especially my Ranking learning about finance and economics itol Hill, at home in our districts and, Member, the gentleman from Illinois and engage in good budget and long- eventually, around the world. (Mr. DANNY DAVIS). Also, I would like term savings habits. We are forming an ambitious agenda to recognize and thank Tania Shand on Abraham Lincoln, one of our most for the weeks and months to come. On the minority staff for helping expedite beloved Presidents and fellow Illi- April 27 we will host our first Financial committee consideration of our bill. noisan, once said, ‘‘You cannot escape Literacy Fair in the House Cannon My distinguished colleague, the gen- the responsibility of tomorrow by evad- Caucus Room. I would encourage ev- tleman from Illinois (Mr. DAVIS), has ing it today,’’ and I agree. We should eryone to attend the fair. Our caucus always been a strong supporter of eco- help our citizens avoid getting caught also aims to establish a Website, pro- nomic education and financial literacy, in a credit quagmire, stay out of bank- vide a focal point in working with the and I want to thank him for managing ruptcy court, and steer clear of a finan- Senate and executive branch, including the bill today for our side of the aisle. cially unsound retirement. I believe the Commission, and showcase all of The gentlewoman from Illinois (Mrs. that we need to encourage all Ameri- the great programs that have been BIGGERT) and I have also worked close- cans to take ownership over their fi- launched in the business, education, ly on financial literacy issues with the nances, to be financially astute, and es- and not-for-profit communities. gentleman from California (Mr. tablish financial security now. Now is Today I encourage all Members of the DREIER), the chairman of the House the time. House to join the caucus and work with Committee on Rules. I think all of us I pledge to continue to promote fi- us to educate Americans about finance owe him a great deal of gratitude for nancial and economic education, and I and economics. being one of the first Members of Con- know that I am joined by an army of Madam Speaker, the state of finan- gress to call for bringing attention to supporters here on the Hill and across cial literacy among our citizens may the need to improve financial literacy the country. In recent years, the Con- not garner much in the way of head- rates.

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.033 H06PT1 H1800 CONGRESSIONAL RECORD — HOUSE April 6, 2005 To celebrate Financial Literacy ‘‘We commend Reps. Judy Biggert (R–IL) STATEMENT OF DEPUTY ASSISTANT SECRETARY Month, a Financial Literacy Day Fair and Rube´n Hinojosa (D–TX) for introducing a FOR FINANCIAL EDUCATION DAN IANNICOLA, will be held April 27 from noon to 4 resolution that calls for the federal govern- JR. ON THE FINANCIAL AND ECONOMIC LIT- p.m. in the Cannon Caucus Room. I ment, states, local governments, schools, ERACY CAUCUS businesses and other groups to observe Fi- join my friend, the gentlewoman from This Department of Treasury press release nancial Literacy Month,’’ said NAMB Presi- may be viewed at: http://www.treas.gov/press/ Illinois (Mrs. BIGGERT), in encouraging dent Bob Armbruster. ‘‘Financial education releases/js2254.htm all of our colleagues and their staffs to is important for today’s consumers who face Today’s formation of the Financial and attend this event. a complex array of financial products and Economic Literacy Caucus is an important Every day, consumers deal with services.’’ step in the federal effort to promote personal money, from balancing a checking ac- NAMB works closely with the financial economic security through financial edu- count to shopping for a mortgage or services industry as part of its on-going com- cation. I commend Representatives Judy auto loan, researching ways to pay for mitment to consumer education. NAMB has Biggert and Ruben Hinojosa for their efforts a long history of promoting consumer finan- to provide Americans with the education re- a college education, checking credit sources they need to achieve their financial card statements, saving money for re- cial education. Last year, for example, NABM initiated a pilot consumer credit edu- goals. I look forward to partnering with the tirement, understanding a credit re- caucus to advance Treasury’s commitment cation program using Freddie Mac’s port, or simply deciding whether to pay to ensuring that Americans learn more CreditSmart  and CreditSmart  Espan˜ ol fi- about their finances and, in so doing, live cash or charge a purchase. The list nancial literacy curricula. The pilot is cur- better lives. goes on and on, but many consumers do rently being managed by NAMB state affili- not really understand their finances. ates in California, Florida and Texas. In 2004, reports from Jump$tart and NCEE APPLAUDS LAUNCH OF ‘‘FINANCIAL AND NAMB also has partnered with United ECONOMIC LITERACY CAUCUS’’ the National Council on Economic Edu- Guaranty to create a consumer information The National Council on Economic Edu- cation, the Schwab Foundation and presentation—‘‘Are You Prepared to Head cation (NCEE) is offering its full support for others indicated that almost 66 percent Down the Road to Homeownership? ’’—to the newly formed House ‘‘Financial and Eco- of high school students failed a basic fi- help educate minorities, immigrants and nomic Literacy Caucus.’’ On Tuesday, Feb- nancial literacy exam. The numbers low-to-moderate income households on the ruary 15, Representatives Judy Biggert (R– are not much better for adults. High home-buying process. The presentation cov- IL) and Rube´n Hinojosa (D–TX) announced bankruptcy rates, increased credit card ers common home mortgage terminology, the formation of this bipartisan congres- debt, and identity theft make it imper- important steps in the home-buying process, sional organization. The Caucus will help or- fair housing laws, credit reports and more. ganize legislative efforts and policy initia- ative that all of us take an active role tives related to financial literacy and eco- in providing financial and economic ‘‘For consumers, financial education is es- sential to protecting oneself against fraud or nomic education. Membership is open to all education during all stages of one’s abusive financial practices and this edu- Members of the House of Representatives. life. cation process should begin at a young age, ‘‘Representatives Biggert and Hinojosa are On February 15, 2005, I cofounded, and with some targeted curriculum in our high to be commended for bringing energy, focus currently cochair, the Congressional schools,’’ adds Armbruster. ‘‘The more con- and commitment to this effort,’’ said Robert Hispanic and Economic Literacy Cau- sumers know, the better they are at man- Duvall, President and CEO of the NCEE. ‘‘Their action could not be more timely. By aging their finances.’’ cus with the gentlewoman from Illinois providing a dedicated forum for economic (Mrs. BIGGERT). The caucus seeks to For more information visit NAMB’s con- and financial education policy, the Caucus address these issues head on by in- sumer home page on the NAMB Web site, will help both to direct and to magnify the creasing public awareness of poor fi- www.namb.org. tremendous congressional interest and en- nancial literacy rates, and will work to ergy in these critical issues.’’ improve those rates. The caucus will MERRILL LYNCH, I encourage all House Members to join this provide a forum for my colleagues to Washington, DC, April 5, 2005. important organization, and become actively Hon. RUBEN HINOJOSA, involved in its vital mission,’’ Duvall stated, promote policies that advance finan- for the NCEE. cial literacy and economic education. House of Representatives, Washington, DC. Both Representatives Biggert and Hinojosa It is my hope that through the Finan- will be featured speakers at the 2005 National cial and Economic Literacy Caucus, we DEAR MR. HINOJOSA: Merrill Lynch strong- Summit on Economic and Financial Lit- ly supports the formation of the Financial eracy, convened and conducted by the NCEE, can further educate Americans about and Economic Literacy Caucus and applauds financial and economic topics ranging which will be held on Thursday, March 3, 2005 the efforts of Representative Judy Biggert at the National Press Club in Washington, from homeownership to credit ratings and yourself in addressing this important DC. and, yes, insurance. issue. ABOUT THE NCEE At this point, Madam Speaker, I will Merrill Lynch has long shared the Caucus’ The NCEE (www.ncee.net) is a non-profit, insert for the RECORD letters and press goal of improving financial literacy for all non-partisan organization dedicated to im- releases supporting passage of this res- Americans at all stages of life. The Merrill proving economic literacy. Through its  olution. They include a press release Lynch Investing Pays Off (IPO) curriculum unique nationwide network of state Councils from the National Association of Mort- has been specially developed as a tool for and more than 200 university based Centers gage Brokers and a letter of support volunteers, parents and educators and is de- for Economic Education, NCEE’s programs signed to be an enjoyable program that will from Merrill Lynch. I would also insert reach more than 150,000 K–12 teachers and bring to life important concepts and infor- over 15 million students in more than 70,000 letters supporting the creation of the mation that all young people need to know. schools each year. The NCEE was also re- Financial and Economic Literacy Cau- The curriculum has been designed in three cently designated by the U.S. Department of cus be included in the RECORD. They in- stages for ages spanning 7 to 18. Education as the leadership organization to clude a statement by Treasury Deputy Merrill Lynch has also launched a finan- implement the $1.5 million Excellence in Assistant Secretary Dan Iannicola, a cial education program for Girl Scouts in the Economic Education program through the release by the National Council on Eco- Greater New York area. Girl Scouts in the No Child Left Behind legislation. Through nomic Education, a letter of support region will use the IPO curriculum during the Cooperative Education Exchange Pro- troop meetings and educational programs to gram (CEEP), the distinctive programs of from Junior Achievement, a press re- the National Council on Economic Education lease from the Investment Company In- develop their entrepreneurial skills and in- crease their financial knowledge. are also reaching over 10 million students in stitute, a statement from the North 26 countries, including Indonesia, Central The Merrill Lynch IPO program partnered American Securities Administrators and Eastern Europe, the former Soviet Union with Sesame Workshop in using Sesame and other developing market economies. Association, and a statement by the Street character Elmo to bring financial Savings Coalition of America, and I education to children ages 3 to 6 and their have them all included here. JUNIOR ACHIEVEMENT, parents, through an interactive website and Colorado Springs, CO, February 15, 2005. an activity book in English and Spanish. NATIONAL ASSOCIATION OF MORTGAGE BRO- Hon. RUBEN HINOJOSA, KERS APPLAUDS RESOLUTION DECLARING Merrill Lynch strongly supports your ef- Rayburn House Office Building, APRIL ‘‘FINANCIAL LITERACY MONTH’’ forts to increase public awareness of poor lit- Washington, DC. MCLEAN, VA—The National Association of eracy rates across the country and work to- DEAR REPRESENTATIVE HINOJOSA: On behalf Mortgage Brokers (NAMB) supports the bi- ward improving those rates of Junior Achievement’s 1,400 associates and partisan resolution passed by the U.S. House Sincerely, 110,000 classroom volunteers nationwide, con- of Representatives today designating April BRUCE E. THOMPSON, Jr., gratulations on your latest effort to promote as ‘‘Financial Literacy Month.’’ First Vice President. financial literacy and economic education.

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.035 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1801 The establishment of a Financial & Eco- ‘‘NASAA commends Representatives Judy BIGGERT), and her legislative assistant nomic Literacy Caucus reinforces the impor- Biggert (R–IL) and Rube´n Hinojosa (D–TX) Nicole Austin, for working with me on tance of a financially literate society. With for their leadership in forming the Financial today’s legislation. personal bankruptcies and debt continuing and Economic Literacy Caucus. Providing a In closing, I want to say that I look to soar, I urge the caucus to consider a focus forum for Members of Congress to promote on youth. According to the latest JA Poll on policies advancing financial literacy and eco- forward to continuing to collaborate Personal Finance, nearly 70 percent of teens nomic education is an important step to en- with her on any and all efforts that nationwide say they influence their parents’ suring that our citizens have the tools nec- will help increase public awareness of buying decisions, while nearly 25 percent of essary to build financial knowledge and fi- the need to improve financial literacy, 18-year olds say they already own and use nancial security. to promote programs that increase fi- their own credit cards. The earlier we can in- ‘‘State securities regulators share your nancial literacy for all during all tervene with an education on the ‘‘economics concern about the deficit level of financial stages of life, and to significantly im- of life,’’ the better off we’ll be. literacy in this country and the impact it prove the financial literacy rates As the nation’s oldest and largest organi- has on personal financial decision-making. zation dedicated to promoting economic edu- And we also share a common dedication and across this great country. It is never cation and financial literacy, JA stands commitment to doing something about it. too late to take control of your per- ready to assist the caucus in advancing its ‘‘We stand ready to assist the Caucus and sonal finances, and it is something that goals. serve as a resource, as you move forward in all of us in the United States can start Thank you for your resolve in championing developing and implementing programs to today. this important issue. We look forward to improve the level of financial literacy in this I urge my colleagues to support this working with you. country.’’ legislation, Madam Speaker. Sincerely, Madam Speaker, financial literacy Mr. DAVIS of Illinois. Madam Speak- DAVID S. CHERNOW, means empowerment, power to manage President and CEO, JA Worldwide. er, we have no further speakers on our money, credit, and debt, and become side. I would just simply close by sug- ICI LAUDS FORMATION OF THE FINANCIAL responsible workers, heads of house- gesting that my father used to tell us LITERACY CAUCUS WASHINGTON, DC holds, investors, entrepreneurs, and that money is like life. The better you February 15, 2005.—The Investment Com- leaders. It means banking the manage it, the longer you are likely to pany Institute today announced its support unbanked and bringing them into the keep it. for the creation of the Financial and Eco- mainstream financial system to pro- Madam Speaker, I strongly support nomic Literacy Caucus under the bipartisan tect them from abusive predatory or this resolution. leadership of caucus Co-Chairs, Congressmen deceptive credit offers and financial Judy Biggert (R–IL) and Rube´n Hinojosa (D– Madam Speaker, I yield back the bal- TX). products. ance of my time. The caucus will host educational forums Numerous programs exist to improve Mr. GUTKNECHT. Madam Speaker, I and such events as ‘‘Financial Literacy financial literacy: The NCEE’s Finan- would only close by saying that finan- Month.’’ It will also act as focal point for cial Fitness For Life program; cial literacy clearly is an idea whose communicating with various public and pri- Jump$tart’s Personal Finance Edu- time has come. I thank the authors for vate agencies and groups. cation Standards and Benchmarks are bringing it forward. I urge all Members ‘‘Mutual funds are many Americans’ intro- duction to investing,’’ said ICI President used by educators and parents; Junior to support the adoption of House Reso- Paul Schott Stevens. ‘‘The earlier they un- Achievement’s programs and surveys; lution 148. derstand the importance of investing to pay ICI’s Investing for Success program; Ms. JACKSON-LEE of Texas. Madam for educating their children and funding the FDIC’s free, multilingual Money Speaker, I am here today to supporting the their retirement, the more effective their Smart adult financial literacy cur- goals and ideals of Financial Literacy Month. planning will be. We are pleased to support riculum; the FTC’s I.D. theft What’s It I want to thank my colleagues Congress- the Caucus’ mission of promoting financial All About program; as well as CFA’s woman BIGGERT and Congressman HINOJOSA literacy.’’ America Saves program; VISA’s Prac- Providing America’s 92 million mutual for introducing such a valuable piece of legis- fund investors with the tools they need to tical Money Skills For Life program; lation. develop goals, evaluate risk, and make in- AICPA’s 360 Degrees of Financial Lit- The financial services industry in the United formed investment decisions is a long-stand- eracy program; the Girl Scouts of States benefits millions of people in the United ing mission of the Institute and its mutual America’s Money Smarts program; the States, providing products and services that fund members, Stevens said. CHCI NHI’s homeownership workshops; allow individuals and families to build homes, The Institute supports financial education Lincoln Financial’s financial planning buy cars, finance educations, start businesses, through its Investor Awareness series of pub- programs; the ABA Education Founda- and meet everyday needs. Personal financial lic messages and publications and through the work of its Education Foundation. Since tion’s Take Control of Our Personal Fi- education is essential to ensure that individ- 2000, the Foundation’s primary focus has nances program; ACB’s Money Rules uals are prepared to manage money, credit, been the Investing for Success program. program; the North American State and debt, and become responsible workers, In partnership with the National Urban Securities Association’s program. heads of households, investors, entre- League and the Hispanic College Fund, the Madam Speaker, the list goes on and preneurs, business leaders, and citizens, yet a program promotes the benefits of long-term on. It includes Fannie Mae’s home- study completed in 2004 by the Jump$tart Co- investing within the African-American and ownership program in English and alition for Personal Financial Literacy found Hispanic communities. Reps. Biggert and Hinojosa are both mem- Spanish; Operation Hope’s Banking on that high school seniors know less about prin- bers of the House Committee on Financial Our Future program; and Freddie ciples of basic personal finance than did high Services and the House Committee on Edu- Mac’s CreditSmart Espanol program. school seniors 7 years earlier. cation and the Workforce, which has juris- At present, several of these financial Financial education has been linked to lower diction over pensions. They also share long literacy programs are operating in my delinquency rates for mortgage borrowers, histories of promoting financial literacy congressional district, Texas 15. The higher participation and contribution rates in through their legislative actions. Security Industry Association’s Stock retirement plans, improved spending and sav- Market Game is one such program. I NASAA COMMENDS LAUNCH OF CONGRES- ing habits, higher net worth, and positive SIONAL FINANCIAL AND ECONOMIC LITERACY am proud that my district was chosen knowledge, attitude, and behavior changes, CAUCUS again this year to participate in SIA’s yet a 2004 survey completed by the National WASHINGTON, February 16, 2005.—The fol- second annual Capitol Hill Challenge Council on Economic Education found that the lowing is a statement from North American stock market program. This year I se- number of States that include personal finance Securities Administrators Association Presi- lected La Feria High School, located in in education standards for students in kinder- dent and New Jersey Board of Securities Cameron County, Texas, to participate garten through high school has improved Chief Franklin L. Widmann on the formation in this program. They have been com- since 2002 but still falls below 2000 levels. of the Financial and Economic Literacy Cau- peting against 15 other districts from Expanding access to the mainstream finan- cus. Organized in 1919, NASAA is the oldest international organization devoted to inves- across our country. I wish them well. cial system provides individuals with lower- tor protection. NASAA’s membership con- Please know I will be rooting for my cost and safer options for managing finances sists of securities administrators in the 50 team. and building wealth and is likely to lead to in- states, the District of Columbia, Puerto Madam Speaker, I want to thank the creased economic activity and growth, yet Rico, Canada, and Mexico. gentlewoman from Illinois (Mrs. studies show that as many as 10 million

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A06AP7.025 H06PT1 H1802 CONGRESSIONAL RECORD — HOUSE April 6, 2005 households in the United States are panded trade and investment with our global Whereas firefighters respond to more than ‘unbanked’ or are without access to main- partners, the financial ups and downs in world 24,000,000 calls during an average year; stream bank products and services. Personal markets have a greater impact on our local Whereas firefighters also provide emer- economies. Helping to spread financial and gency medical services and life safety edu- financial management skills and lifelong habits cation; and develop during childhood, and 55 percent of economic literacy to emerging markets is criti- Whereas it is estimated that on April 7, college students acquire their first credit card cally important to establishing stability in de- 2005, more than 2,000 firefighters will attend during their first year in college, and 92 per- veloping nations. For example, in 2004 the 17th Annual National Fire and Emer- cent of college students acquire at least one Citigroup and the Citigroup Foundation pro- gency Services Dinner and Seminars; credit card by their second year in college, yet vided more than $22 million in support of fi- Resolved, That the House of Representa- only 26 percent of people between the ages of nancial education programs in activities that tives honors and recognizes the more than 13 and 21 reported that their parents actively reached millions of people in more than 40 1,100,000 firefighters in the United States for countries. These activities included community their contributions to and sacrifice for the taught them how to manage money. Nation. Although more than 42,000,000 people in development projects to support the expansion The SPEAKER pro tempore. Pursu- the United States participate in qualified cash of thrift and credit-based cooperative groups in ant to the rule, the gentleman from or deferred arrangements described in section India and the development of a microfinance Minnesota (Mr. GUTKNECHT) and the 401(k) of the Internal Revenue Code of 1986 industry in China. gentleman from Illinois (Mr. DAVIS) (commonly referred to as ‘401(k) plans’), a Financial literacy is more than just crunching numbers. It is about empowerment and oppor- each will control 20 minutes. Retirement Confidence Survey conducted in The Chair recognizes the gentleman 2004 found that only 42 percent of workers tunity. It is about making your money work for from Minnesota (Mr. GUTKNECHT). surveyed have calculated how much money you, whether it is buying a first home, paying GENERAL LEAVE they will need to save for retirement and 4 in for college, or planning for retirement. That is Mr. GUTKNECHT. Madam Speaker, I 10 workers say that they are not currently sav- why we must do everything we possibly can to ask unanimous consent that all Mem- ing for retirement. It is unfortunate that per- ensure that all Americans have a solid under- bers may have 5 legislative days within sonal savings as a percentage of personal in- standing of personal finance. which to revise and extend their re- come decreased from 7.5 percent in the early Madam Speaker, I urge all of my colleagues marks and include extraneous material 1980s to 1.1 percent in the last two quarters to vote in support of this resolution. Mr. GUTKNECHT. Madam Speaker, I on the bill under consideration. of 2004. yield back the balance of my time. The SPEAKER pro tempore. Is there Congress has sought to implement a na- objection to the request of the gen- b 1345 tional strategy for coordination of Federal fi- tleman from Minnesota? nancial literacy efforts through the establish- The SPEAKER pro tempore. (Mrs. There was no objection. ment of the Financial Literacy and Education MILLER of Michigan.) The question is Mr. GUTKNECHT. Madam Speaker, I Commission (FLEC) in 2003, the designation on the motion offered by the gen- yield myself such time as I may con- of the Office of Financial Education of the De- tleman from Minnesota (Mr. GUT- sume. partment of the Treasury to provide support KNECHT) that the House suspend the Madam Speaker, I rise in strong sup- for the Commission, and requirements that the rules and agree to the resolution, H. port of this worthwhile resolution that Commission’s materials, Web site, toll-free Res. 148. honors our Nation’s incredible fire- hotline, and national multimedia campaign be The question was taken. fighters. This resolution extends the multilingual. The SPEAKER pro tempore. In the most sincere gratitude of the House of I am glad to be here today to support the opinion of the Chair, two-thirds of Representatives to the more than 1 goals and ideals of Financial Literacy Month; those present have voted in the affirm- million men and women who stand and join my colleagues in requesting that the ative. ready to put their lives on the line President issue a proclamation calling on the Mr. DAVIS of Illinois. Madam Speak- each time that fire station alarm bell Federal Government, States, localities, er, on that I demand the yeas and nays. rings. schools, nonprofit organizations, businesses, The yeas and nays were ordered. Madam speaker, American fire- The SPEAKER pro tempore. Pursu- other entities, and the people of the United fighters respond to nearly 25 million ant to clause 8 of rule XX and the States to observe the month with appropriate calls each year from citizens across the Chair’s prior announcement, further programs and activities. country. Their dependability and serv- proceedings on this motion will be Mr. DREIER. Madam Speaker, I would like ice during countless kinds of urgent postponed. to commend the Gentlelady from Illinois, Mrs. events are traits that Americans have BIGGERT, and the Gentleman from Texas, Mr. f come to count on. HINOJOSA, for introducing this important resolu- RECOGNIZING AND HONORING From their unequal bravery at the tion. As a member of the Financial and Eco- FIREFIGHTERS FOR THEIR MANY World Trade Center and the Pentagon nomic Literacy Caucus, I am proud to rise in CONTRIBUTIONS IN OUR NA- on September 11, 2001, to their respon- support of this measure. TION’S HISTORY siveness during the 2003 California Over 40 years ago, fewer than 2 in 10 fami- Mr. GUTKNECHT. Madam Speaker, I wildfires, to their aid provided time lies owned stocks. Today, this figure has risen and time again following the series of dramatically, with more than 50 percent of move to suspend the rules and agree to the resolution (H. Res. 188) recognizing hurricanes in Florida last fall, fire- Americans owning assets dependent on the fighters have been on the front lines of stock market. We’ve come a long way. But I and honoring firefighters for their many contributions throughout the many headlining emergencies in recent believe we can still do more to provide greater years. opportunities for all Americans to become part history of the Nation. The Clerk read as follows: Through these events, I believe of the Investor Class. Americans have gained an even greater H. RES. 188 One method is to reach out directly to our level of admiration for firefighters be- Whereas in 1736 Benjamin Franklin found- local communities. In my own district, I am cause of their courage and selflessness. sponsoring a team of students from Bonita ed the Union Fire Company, the first volun- teer fire company; Madam Speaker, on behalf of all High School (La Verne) to participate in the Whereas there are more than 1,100,000 fire- Members, I want to thank firefighters Securities Industry Association’s (SIA) stock fighters in the United States; for their service to this country. I market game. This program provides teachers Whereas approximately 75 percent of all highly commend the distinguished with an engaging real-world tool for teaching firefighters are volunteers who receive little ranking member of the homeland secu- basic economic skills while instilling in their or no compensation for their heroic work; rity select subcommittee, the gen- students an understanding of the importance Whereas career and combination fire de- tleman from Mississippi (Mr. THOMP- partments protect 3 out of 4 Americans; of sound saving and investing. As students SON), for introducing this measure. track their team’s portfolio, they are able to Whereas there are more than 30,000 fire de- partments in the United States; I urge the adoption of House Resolu- commit the skills they learn in school to real- Whereas approximately 100 firefighters die tion 188. world financial decisions. in the line of duty each year; Madam Speaker, I reserve the bal- It is also important to note that efforts to en- Whereas more than 340 firefighters died re- ance of my time. hance financial literacy should not just be con- sponding to the terrorist attacks on Sep- Mr. DAVIS of Illinois. Madam Speak- fined to our own country. As we strive for ex- tember 11, 2001; er, it is my pleasure to yield such time

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.018 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1803 as he might consume to the gentleman they continually display in protecting department having been founded 250 from Mississippi (Mr. THOMPSON), the our towns, cities, States, and our Na- years ago. The fire service is what this sponsor of this resolution. tion. country is all about, people who give Mr. THOMPSON of Mississippi. Mr. GUTKNECHT. Madam Speaker, I back in small towns and big cities to Madam Speaker, I rise today in support am proud to yield 8 minutes to the gen- protect our communities. of House Resolution 188, a bipartisan tleman from Pennsylvania (Mr. The fire service is finally getting na- resolution that I have offered, along WELDON) who has been, in my time in tional recognition, and all of us need to with the gentleman from California Congress, the leader of the Fire Caucus continue that effort. Madam Speaker, (Mr. COX), honoring the service and and the go-to guy on fire issues. in my 20 years in Congress, I have been sacrifices of our Nation’s firefighters. Mr. WELDON of Pennsylvania. at all of our disasters of major signifi- I am a former volunteer firefighter, Madam Speaker, I want to first of all cance: The floods in the Midwest, the so I understand what our 1.1 million thank my distinguished chairman for Murrah Building bombing in Oklahoma firefighters give up in the name of serv- his kind comments and for his leader- City, Hurricanes Andrew and Hugo, ice. Our firefighters, whether they are ship on a number of issues, especially Loma Pietra, Northridge earthquakes, paid or volunteer, put their lives at those today dealing with the fire serv- and in every case, every case, the men risk with every call they must answer. ice, and thank the distinguished rank- and women of the fire service are there Our paid firefighters are active in ing member as well and the other Mem- protecting our towns. They are our do- many charitable activities that benefit bers who will speak here today. mestic defenders. They are the people our communities. They lose time away Madam Speaker, I would not be in who respond for us. from their families. They train and this body were it not for my involve- Madam Speaker, I was at the World prepare, yet they never complain. ment in the fire service of America. I Trade Center in 1993 and met a fellow Madam Speaker, in the case of volun- grew up the youngest of nine children who would become my good friend, teer firefighters, they often have to de- in a fire service family. Like my six Chief Ray Downey. He made rec- vote time in raising money to purchase older brothers and father, I became in- ommendations to us that we in this equipment and pay for training that volved as a firefighter, president of my Congress took to heart. We established will keep them safe while they protect fire company, chief of my fire com- the Gilmore Commission because of us and our property. pany, state instructor, and while Chief Downey’s recommendations. The Sadly, each year over 100 firefighters teaching school during the day went saddest call I took on September the 11 lose their lives in the line of duty. I en- back and got a degree in fire protec- of 2001 was from a battalion chief courage every Member of Congress to tion. friend of mine in New York who said, When I came to Congress, what I saw pay a visit to the National Firefighters ‘‘Curt, Ray is down. He has been killed was a Federal Government that was Memorial in Emmitsburg, Maryland. by the collapse of the first tower.’’ not being responsive to the 1.2 million From my home State of Mississippi I said, ‘‘I will be on the first train men and women who serve this coun- in 2004, two firefighters were killed in into New York the next day.’’ And so I try. It was back 18 years ago that we the line of duty. Those two firefighters, went on the first Amtrak train into formed the Fire Caucus. It has been the Elliott Davis, Jr., and Terrie Eiland, New York City, was met at Penn Sta- largest caucus in the Congress for the paid the ultimate sacrifice to protect tion by a battalion chief and taken past 10 years, 340 Members. their fellow citizens. The institute, which will benefit down to Ground Zero where I spent the Recently, Mississippi constructed a from the dinner tomorrow night, works day at the headquarters of the Fire De- memorial park in Pearl, Mississippi, to the issues of firefighters in this Con- partment of New York, with the fire- honor the 67 firefighters from the State gress, and has given us unbelievable fighters who were there doing who have paid the ultimate sacrifice. success, success in the form of grants. harrowing acts and attempting to iden- We all vividly remember the heroism of Working with our good friend, the gen- tify people that were still trapped. the firefighters in New York on 9/11; tleman from New Jersey (Mr. As I walked from the center of the over 340 firefighters lost their lives on activity at Ground Zero around the PASCRELL) and the gentleman from this horrific day. Maryland (Mr. HOYER) and our good back of one of these seven-story piles It is impossible to know, Madam friend, the gentleman from Minnesota of rubble, I could see two firefighters Speaker, how many thousands of lives (Mr. GUTKNECHT), and the gentleman on their knees. And I could barely read the selfless response of the New York from Virginia (Mr. TOM DAVIS) and oth- the back of their turn-out gear. As I firefighters saved that day. Our fire- ers, we have established great pro- got closer, I saw the names on the fighters and other first responders are grams to assist these people in pro- back, and there were the names Dow- the first line of defense for many inci- tecting their towns. ney and Downey. dents of terrorism or national disaster. And to our colleagues I would say, You see, like firefighting families all This week over 2,000 fire service lead- you know, the fire service is more than across America, when the father gets ers from around the United States are just people who fight fires. They are involved, so do the brothers and so do in Washington to attend the 17th an- really the heart and soul of America. the uncles. There were two of Ray nual Natural Fire and Emergency Serv- They are the backbone of our commu- Downey’s five kids, searching through ices dinner and seminar. These fine nities. The 32,000 organizations, 85 per- the rubble to try to find the remains of men and women are here to learn more cent of whom are volunteer, are the or- their father at the last site that he had about what we are doing in Washington ganizations that organize July 4th pa- been seen. to support firefighters. rades, Memorial Day celebrations; they We did not find Ray Downey’s re- At the same time, we can learn a rescue the cats in the trees. mains until 8 months later through great deal from them. These men and They pump the cellars out when they DNA evidence, that we could give him women are the living embodiment of are flooded. They are the people who a proper burial. I said it cannot get what makes this country so great. I en- allow us to vote in their fire halls on much worse than this. But you have to courage each Member of Congress to election day. They are the receptions understand, Madam Speaker, who take time from their schedules to meet where we have our weddings and our those men and women are. I went back with their local fire service representa- anniversaries in the fire station. They to the Javits Center with the head of tives who are in town. host the Boy Scout and Girl Scout the firefighters union, Harold Madam Speaker, it gives me great troops. They are the fabric of what Shaitberger. pride to stand before this body in sup- makes America what it is. There is no Our job was to greet the family mem- port of House Resolution 188, a meas- other group of people in the country bers of those who were missing, the 343 ure that honors and recognizes fire- that works as largely volunteers, firefighters that were missing and fighters for their many contributions where 100 of them are killed during the eventually were determined to be throughout our history. In many re- course of their volunteer activities, as killed in the collapse of the Trade Cen- spects, this measure says thank you to well as their paid activities. ter towers. And I remember two fami- all firefighters for all of the sacrifices, The fire service is America. It is lies standing out. The first was a the dedication, and the commitment older than the country is, the first fire woman in her late 30s. She had a baby

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.040 H06PT1 H1804 CONGRESSIONAL RECORD — HOUSE April 6, 2005 in her arms and was being held up by We are overwhelmed. This is a great Trade Center, but what is not men- her brother and her sister. As she came piece of legislation that has been intro- tioned is that one-quarter of them were in, I said, I am terribly sorry. The duced by the gentleman from Mis- off duty. They were off duty, but those country is grieving with you. Who is sissippi (Mr. THOMPSON). We are all firefighters heard the call they were missing? supportive of it. needed. They risked, and in some cases She said, Congressman, my husband b 1400 sacrificed, their lives in order to save is missing. He was the rock of my fam- others. ily. He was everything. He was a great The gentleman from Pennsylvania In America such sacrifices are a daily neighbor. He was involved in the com- and I are always overwhelmed day in occurrence. Three times a minute there munity. What do I do now, Congress- and day out by the work of all of our is a fire call somewhere in the country. man? We have 10 children. first responders, and today we recog- Firefighters never know when that call We sometimes take these people for nize our firefighters. could be their last. granted. Ten children yet still devel- Just recently, Madam Speaker, we This resolution is a very simple way oping time to help protect his neigh- had tremendous floods in north Jersey. for us to say thank you for the job you bors and his friends and people he had Who were the first there? The first do. We honor you. You make a dif- never met. there were our firefighters, and the ference every day. And then a second woman came in in best action we could take was to recog- I urge its adoption. her 50s. She was being helped by her nize their service and to do something Mr. DAVIS of Illinois. Madam Speak- brother. I went over and I embraced about it here. er, it is my pleasure to yield such time her. I said, I am terribly sorry. Who is I want to commend the gentleman as he might consume to the gentleman missing? And she said, Congressman, from Mississippi (Mr. THOMPSON), my from Maryland (Mr. HOYER), the Demo- my husband is missing. good friend, the ranking member of the Her name was Angelini, I will never cratic whip. Select Committee on Homeland Secu- Mr. HOYER. Madam Speaker, I forget it. She said, Congressman, my rity, for this resolution and for his husband was ready to retire from the thank my friend, the gentleman from leadership of some of the most impor- New York City Fire Department, just a Illinois (Mr. DAVIS), thank him for his tant issues of our time. matter of months after a full career. leadership on this issue, and thank him This resolution, H. Res. 188, pays He is gone, I know he will not be back, for his commitment to firefighters needed tribute to the over 1.1 million because I would have gotten a call by throughout this country. firefighters in the United States, who now. Madam Speaker, I am pleased to rise I said, I am terribly sorry, Mrs. take 24 million calls a year. Think in support of our Nation’s firefighters. Angelini. She said, But, Congressman, about that. Day in and day out. It gives I am proud to have cosponsored this my son is gone too. You see, he wanted us a chance to say thank you to the resolution. I am even more proud of my to be like his father. men and women who contributed to work with the Congressional Fire Serv- So Angelini Junior was like his fa- and sacrificed so much for this coun- ices Caucus, which I have been privi- ther, a firefighter in New York. Both of try. leged to cochair with the distinguished them were killed by the collapse of the Every 19 seconds a fire department gentleman from Pennsylvania (Mr. Trade Center towers. How do we tell responds to a fire somewhere in Amer- WELDON), who started that caucus, and that family that the work they did is ica. Over 1.5 million fires are handled who is, I think, probably the most ar- so vitally important to our country? by public fire departments. These are dent spokesperson on behalf of fire- We tell it by doing the things that we staggering figures when we know many fighters and firefighting safety in this are doing in Congress to support those places have manpower shortages; many country. firefighters that are alive. places do not have the resources within The Fire Services Caucus, Madam And I would ask my colleagues on the municipalities to do what has to be Speaker, has long championed initia- this day that we welcome 2,200 fire- done. tives to include the safety and well- fighters to Washington to help me Firefighters risk their lives at an being of our Nation’s firefighters and right a wrong. Junior firefighters alarming rate, and we know their her- to enhance their ability to protect our today have been ruled by the Justice oism is absolutely critical. Where we communities. Department that they are not eligible would be without them, Madam Speak- Specifically, we have worked to es- as American heroes. It is outrageous to er? What would we do without them? tablish and fund the assistance to the the junior firefighters killed in the line The work of firefighters is as noble as firefighters grant program, which has of duty, 1 year below the normal age of it is vital, and we will remain forever provided more than $2 billion in equip- 18, cannot qualify for public safety offi- grateful. They are truly heroes, truly ment and training grants for career cer death benefits. heroes in our midst. and volunteer fire departments across We need to right the wrong of the Madam Speaker, I ask my colleagues, the country. Justice Department so that anyone I plead with my colleagues, the chair- Madam Speaker, it is appropriate who volunteers, whether it be a 15- or man, the ranking member, that we not that we recognize the extraordinary 16-year-old junior firefighter in Wis- forget these words today when we have contribution to the passage of that act. consin, or whether it be a 17-year-old to reinforce the Fire Act, when we have Indeed, he was the author of that act, Eagle Scout doing his volunteer fire to appropriate for the SAFER Act so the gentleman from New Jersey (Mr. work in Florida, if they are killed in that we put our actions where our PASCRELL). I want to thank him for his the line of duty, they too are American words are. leadership which is untiring, unflag- heroes. Today, that is not the case. So I God bless these men and women that ging and so effective on behalf of our thank my colleagues for their support. put their lives on the line every day, firefighters and the emergency re- I thank them for their leadership. I and I thank the gentleman for yielding sponse personnel all over this country. welcome everyone tomorrow night as me time. I thank him. we celebrate, for the 17th time, Amer- Mr. GUTKNECHT. Madam Speaker, I Madam Speaker, more recently we ica’s true domestic defenders, the men am happy to yield 1 minute to the gen- have worked to authorize and fund the and women of the American fire serv- tleman from Virginia (Mr. TOM DAVIS), SAFER program, which the gentleman ice. I thank my colleagues for yielding the chairman of the Committee on from New Jersey (Mr. PASCRELL) also the time to me. Government Reform. talked about, and perhaps others have Mr. DAVIS of Illinois. Madam Speak- Mr. TOM DAVIS of Virginia. Madam as well, which provides much-needed er, it is my pleasure to yield 3 minutes Speaker, I thank the gentleman for assistance to allow career and volun- to the gentleman from New Jersey (Mr. yielding me time, and just note that I teer departments to hire and recruit PASCRELL), another strong proponent rise in support of H. Res. 188, honoring additional personnel. Understaffing is of firefighters. the service of America’s firefighters. not only a safety problem for our Mr. PASCRELL. Madam Speaker, I Every day these Americans risk their neighborhoods, but a safety problem thank the gentleman from Illinois (Mr. lives to save others. Three hundred for our men and women who risk their DAVIS) for yielding me this time. forty-five firefighters died at the World lives in our defense.

VerDate Aug 04 2004 01:36 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.041 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1805 It is appropriate that we work tire- Firefighters pay a high price as well. system that must be capable of operating in lessly on behalf of the 1.1 million men Approximately 100 firefighters die in all locations and under the circumstances we and women serving as our domestic de- the line of duty each year. know firefighters face and will continue to face fenders. We send men and women Firefighters must be prepared to re- when responding to emergencies. abroad to defend freedom, to defend de- spond immediately to a fire or any Today and every day, the bravery and self- mocracy. We are tragically losing some other emergency that arises. Because sacrifice of the firefighters in the United States of those people in Iraq today and per- fighting fires is dangerous and com- deserves to be commended. Their efforts have haps Afghanistan. They do so as volun- plicated, it requires organization and had an enormous impact on the public safety teers. They do so because they believe teamwork. Education, training and of our citizens. Thanks to the 1.1 million fire- in our country, in its ideals and in free- teamwork have lowered the rate of fighters in the United States, the country is a dom. America’s fire losses today to represent safer place to live. Very frankly, here at home we are a dramatic improvement from more Mr. EMANUEL. Madam Speaker, I rise kept safe by men and women in uni- than 20 years ago. In 1971, this Nation today in strong support of H. Res. 188, which form as well, our police and our fire- lost more than 12,000 citizens and 250 honors our nation’s firefighters for the life- fighters and our emergency responders. firefighters to fire. saving work they do every day to keep our We owe them not only a debt of grati- We owe a debt of gratitude to fire- families safe and secure. All too often we take tude, but we owe investing in their en- fighters for making our communities for granted the heroic efforts of these dedi- terprise to keep them safe and to keep safer. Therefore, I strongly support cated public servants, and I am pleased to join our neighborhoods and communities this resolution and urge that all of my my colleagues in taking a moment to say safe. colleagues do the same, and we con- thank you. On Chicago’s North Side, there is a large We ask far too many of them to risk tinue to owe tremendous debts of grati- mural dedicated to the memory of fallen fire- their lives in our defense every day tude to those men and women who every day protect us from fires. fighters. It depicts several events where these with outdated equipment, Madam brave men and women answered the call to Speaker, insufficient training and in- Madam Speaker, I yield back the bal- ance of my time. rescue their fellow citizens. The events pic- adequate staffing, and we have an obli- tured range from the tragic 1958 fire at Our gation to provide them the necessary Mr. GUTKNECHT. Madam Speaker, I yield myself such time as I may con- Lady of the Angels school in Chicago to the resources to perform their jobs as safe- events of September 11th, 2001. In each of ly and effectively as possible. sume. I thank the gentleman from Illinois, these emergencies, firefighters have selflessly By honoring this obligation and sup- risked their lives so that others may live. The porting programs like the SAFER Act and I thank all the other speakers on this important resolution. I think it is words in the center of the mural say it all: and the fire grants, we not only ensure ‘‘First Ones In, Last Ones Out.’’ they will go home to their loved ones important that we, as a Congress, peri- odically recognize the contributions On December 7th last year, a fire broke out at the end of the day, we also enable in Chicago’s LaSalle Bank Building, a land- them to better perform their job by and the sacrifices that our firefighters make on our behalf every single day. mark skyscraper built in 1934. As flames and protecting us and our loved ones every heavy smoke poured out of the 29th floor win- day. So I hope all Members will join me in supporting the adoption of this resolu- dows, dozens of Chicago firefighters entered Madam Speaker, we will all vote for the building. These heroes showed excep- tion. this resolution. It is easy to vote for tional professionalism and valor as they evac- Mr. SHAYS. Madam Speaker, I rise in sup- resolutions. It is appropriate to vote uated all 45 stories of the building and extin- port of H. Res 188, which recognizes and hon- for this resolution, but if we really guished the fire. Of the 37 people injured in ors the contributions firefighters have made to mean what we say in honoring these the fire, 22 were Chicago firefighters. As a di- our country. firefighters, men and women, volun- rect result of their swift response and exper- Firefighters have played an important role in teers and career, if we really mean tise, no lives were lost in one of the city’s our nation’s history since the first volunteer fire that, the gentleman from New Jersey worst fires in recent memory. company was founded in 1736 by Benjamin is correct, and I am sure, I have not Chicago firefighters receive a great deal of Franklin. Firefighters take their oath of public heard others speak, but I am sure the attention when handling major events such as safety very seriously and go above and be- observation was made as well, we need the LaSalle Bank fire, but perhaps their great- yond their call of duty to serve and protect the to invest our resources behind the est achievement is in the quiet work of pre- citizens of the United States. vention, inspection and education. Fire-related work that they do. This resolution, On September 11, 2001, the firefighters of while appropriate and while important, fatalities in Chicago are at a 25-year low, our nation selflessly risked and gave their lives thanks to improvements in building safety and it will not be as meaningful as it other- in one of most tragic days in the history of our wise would be. community outreach efforts by local firehouses country. The site of those brave men and to schools, senior centers and neighborhood I thank the gentleman for yielding women putting their lives on the line to enter me the time. associations. Chicago’s citizens are now better the smoldering World Trade Center to save as informed about how to prevent and handle Mr. GUTKNECHT. Madam Speaker, many people as they could is still a humbling we have no further speakers on our emergency situations, and they view their local vision three years later. My heart goes out to firehouse as an important and valuable re- side, I do not believe, on this resolu- the hundreds of firefighters who gave their tion. source in the neighborhood. lives on that horrible day. Madam Speaker, I thank my colleagues call- Mr. DAVIS of Illinois. Madam Speak- The terrorist attacks were not just attacks on ing up this important resolution today, and I er, I will close for our side, and I yield New York City, but on the nation. With New look forward to working with them to provide myself such time as I may consume. York as a continuing top terrorist target, the America’s firefighters with the support and re- Firefighters are indeed on the front protection of New York City is becoming a na- sources they need to continue their heroic lines between the public and the devas- tional responsibility. Other cities with tall build- work. tation that fires or other emergencies ings throughout the country face the same Mr. BACA. Madam. Speaker, I rise in sup- can cause. This mostly volunteer force challenges with their communication systems port of House Resolution 188, legislation that helps protect the public interest from and will need the same upgrades. Improve- recognizes the courageous sacrifices of our these dangers by rapidly responding to ments in New York will lay the groundwork for nation’s firefighters. I would like to thank the a variety of emergencies despite haz- improvements to communications systems gentleman from Mississippi for introducing this ardous conditions and long, irregular across the country. symbolic and vital resolution. hours. In light of this fact, it is my hope Congress Every day, firefighters risk their lives pro- Every year fires and other emer- will redouble its efforts to insist that commu- tecting our families, our property and our way gencies take thousands of lives and de- nications systems of firefighters in high-risk of life. They fight for our security, not because stroy property worth billions of dol- urban areas be upgraded. The ‘‘9/11 Can You they have to, but because they choose to. lars. Fire kills 3,700 and injures more Hear Me Now Act,’’ which Congresswoman Over the years in California, wildfires have than 20,000 people each year. Direct Maloney will be introducing soon with my sup- destroyed homes, damaged properties and property losses due to fire reach almost port, instructs the Department of Homeland threatened the livelihood of thousands of fami- $11 billion a year. Security (DHS) to provide a communication lies.

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K06AP7.044 H06PT1 H1806 CONGRESSIONAL RECORD — HOUSE April 6, 2005 In 2003, Southern California and the Inland prove their operations each fiscal year. Addi- (b) REFERENCES.—Any reference in a law, Empire experienced devastation like never be- tionally, I am a cosponsor of several bills in map, regulation, document, paper, or other fore. Wildfires burned more than 740,000 the l09th Congress to aid firefighters and fire record of the United States to the facility re- ferred to in subsection (a) shall be deemed to acres of forest. Nearly 3,600 homes were de- departments to ensure they are properly be a reference to the ‘‘Captain Mark stroyed and many people lost their lives. At equipped to protect themselves and their com- Stubenhofer Post Office Building’’. one point, nearly 16,000 firefighters were bat- munities. The SPEAKER pro tempore. Pursu- tling the blazes at the peak of devastation. I am pleased the House of Representatives ant to the rule, the gentleman from Without the bravery and fortitude of our fire- is considering H. Res. 188 today, and urge my Virginia (Mr. TOM DAVIS) and the gen- fighters, the wildfires in Southern California colleagues to support the passage of the bill. tleman from Illinois (Mr. DAVIS) each would not have been extinguished. Ms. JACKSON-LEE of Texas. Madam will control 20 minutes. This exhibition in public service is not limited Speaker, I stand today in support of H. Res. The Chair recognizes the gentleman to my district or state. From the forests of Cali- 188 which recognizes and honors our nation’s from Virginia (Mr. TOM DAVIS). fornia to the streets of New York City, fire- firefighters for the many contributions through- fighters selflessly put themselves in harm’s out our nation’s history. Their great efforts GENERAL LEAVE way, believing in their call to duty. range from ground support following the de- Mr. TOM DAVIS of Virginia. Madam We owe a great deal of gratitude to these struction of the World Trade Center in New Speaker, I ask unanimous consent that brave men and women who fight daily for our York to relief efforts following the Tsunami of all Members may have 5 legislative safety. the Coast of Ache Indonesia. Not only do our days within which to revise and extend Madam Speaker, I stand in strong support nation’s firefighters contribute on an inter- their remarks and include extraneous of this resolution and commend Congressman national scale, but they also support our local material on H.R. 1460, the bill under THOMPSON for his sponsorship. We need to communities in times of need and distress. consideration. continue to support individuals that are willing In January of this year, in my district, I The SPEAKER pro tempore. Is there to stand on the line for us. I hope that my col- joined forces with local humanitarian organiza- objection to the request of the gen- leagues will join me in recognizing these self- tions, and federal, state, and local officials to tleman from Virginia? less acts. conduct a medical relief drive for the Tsunami There was no objection. Mr. LARSON of Connecticut. Madam (in Indonesia) victims. To this end, I also Mr. TOM DAVIS of Virginia. Madam Speaker, I rise today to honor the dedicated worked closely with the City of Houston’s Fire Speaker, I yield myself such time as I men and women who serve my district, the Department. They were very instrumental in may require. State of Connecticut, and our nation as fire- helping to receive medical supplies and other Madam Speaker, I rise today in sup- fighters. items for the victims. My sincerest thanks port of H.R. 1460, which I introduced to Today, across the country, over 1.1 million goes out to Fire Chief Phil Boriskie and to the recognize the bravery and selfless dedi- career and volunteer firefighters stand ready City of Houston for their efforts and strong cation of Captain Mark Stubenhofer. to answer our calls for help. In 2003, our commitment to providing relief for Tsunami Captain Stubenhofer was born in 30,524 fire departments responded to 22.4 victims. Fairfax, Virginia, on April 18, 1974. He million alarms—an average of one every 20 Currently there are over 1.1 million fire- grew up there in the suburbs of this seconds. They work and volunteer countless fighters in our nation, and 75 percent are vol- great capital of freedom, and he was an hours ensuring the safety of others, and if unteers. These are individuals who put there all-American from the start. Mark delivered newspapers in the needed, are ready to risk their life to save an- life on the line everyday. They deserve all the morning before school. He worked long other. honor and notoriety we can give them. Firefighters are truly on the front lines of Mr. GUTKNECHT. Madam Speaker, I after the school day ended doing home- protecting our communities and our nation, yield back the balance of my time. work or practicing baseball. He at- and in recent years their role has extended The SPEAKER pro tempore (Mrs. tended West Springfield High School in West Springfield, Fairfax County, and beyond just putting out fires. Today, fire- MILLER of Michigan). The question is fighters serve as the first responders for med- on the motion offered by the gen- he attended Nativity Catholic Church nearby. ical emergencies, provide search and rescue tleman from Minnesota (Mr. GUT- He was elected student government services to victims trapped in burning or col- KNECHT) that the House suspend the lapsed buildings, handle hazardous materials rules and agree to the resolution, H. vice president at West Springfield and and extract injured persons from car acci- Res. 188. played varsity baseball. After gradua- dents. Above all else, they provide hope to The question was taken; and (two- tion, he went on to Clemson University those in need in times of danger and despair. thirds having voted in favor thereof) where he honed his leadership skills I have met many of the men and women the rules were suspended and the reso- through the school’s ROTC program. who serve as firefighters in the first district of lution was agreed to. He graduated from Clemson in May of Connecticut, and I am proud to represent such A motion to reconsider was laid on 1996 and immediately began fulfilling brave and dedicated public servants. Each the table. his obligation to the Army. and every day, these selfless heroes give their Captain Stubenhofer was commis- all to protect our communities and our fami- f sioned as an infantry officer and at- lies. I thank them for their service and urge all CAPTAIN MARK STUBENHOFER tended both the elite Airborne and of my colleagues to support H. Res. 188. POST OFFICE BUILDING Ranger schools. He went on to serve Mr. COSTELLO. Madam Speaker, I rise two tours in Operation Iraqi Freedom. today in support of H. Res. 188, a resolution Mr. TOM DAVIS of Virginia. Madam During his first tour in 2003, he to honor and recognize firefighters for their Speaker, I move to suspend the rules helped liberate five Iraqi cities. In his many contributions throughout the history of and pass the bill (H.R. 1460) to des- second tour, Captain Stubenhofer the Nation. As a member of the Congressional ignate the facility of the United States served as a company commander for Fire Services Caucus, I commend the service Postal Service located at 6200 Rolling the 1st Battalion, 41st Infantry Regi- and honorable duty firefighters across the Road in Springfield, Virginia, as the ment, 3rd Brigade, 1st Armored Divi- country provide to our communities. I am es- ‘‘Captain Mark Stubenhofer Post Office sion. He was awarded numerous medals pecially proud of the firefighters and fire de- Building’’. and honors, among them two Bronze partments that protect and look after the 12th The Clerk read as follows: Star Medals, the Purple Heart, the Congressional District of Illinois. H.R. 1460 Meritorious Service Medal and two For the fire service to maintain a strong Be it enacted by the Senate and House of Rep- Army Commendation Medals. voice in the federal discourse on homeland resentatives of the United States of America in Madam Speaker, during his final tour security issues, we must have a strong U.S. Congress assembled, of duty, Captain Stubenhofer’s third Fire Administration and sufficient funding for SECTION 1. CAPTAIN MARK STUBENHOFER POST child was born, a daughter he asked his OFFICE BUILDING. personnel, vehicles, and equipment. As a re- beloved wife Patty to name Hope. As (a) DESIGNATION.—The facility of the sult, I have continually supported the Assist- United States Postal Service located at 6200 he commented in his last phone con- ance to Firefighters Grants program and have Rolling Road in Springfield, Virginia, shall versation to his parents, the reason for been very successful in helping many depart- be known and designated as the ‘‘Captain the name was that it was hope that ments in Southern Illinois secure grants to im- Mark Stubenhofer Post Office Building’’. brought him to Iraq in the courageous

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.029 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1807 service of his country. Tragically, Cap- with a degree in history in 1996. Mark Whereas Pope John Paul II used public and tain Stubenhofer never met his daugh- joined the Army after graduating from private diplomacy and the power of moral ter Hope. He was killed in combat on college. While in the Army, he was cer- suasion to encourage world leaders to re- spect the inalienable rights of the human December 7, 2004. tified as an Army Ranger and jump in- person; Madam Speaker, we owe Captain structor. He earned the Bronze Star Whereas Pope John Paul II articulated the Mark Stubenhofer, and all those who during his first tour of duty in Iraq. importance of individual liberty being under- have made the ultimate sacrifice for He left behind a wife, Patty, and girded by a ‘‘moral order’’, embraced the this country, a debt of gratitude that three children, Lauren, Justin, and poor and oppressed masses of the world, and we can never repay. Hope. Madam Speaker, I commend the encouraged governments and the faithful to While we pay homage to fallen heroes gentleman from Virginia (Chairman attend to the needs of those who are less for- tunate; like Mark with memorials or post of- TOM DAVIS) for seeking to honor the Whereas Pope John Paul II ministered to fices, the most fitting tribute is the en- sacrifice of Captain Stubenhofer by Catholic and non-Catholic alike, providing a during memory of their lives. naming a postal facility in his honor in personal example of grace, endurance, com- As Pericles, the greater orator, build- his hometown. I urge swift adoption of passion, courage, sacrifice, and foresight; er and general of Athens, said, for to this resolution. Whereas Pope John Paul II was an articu- famous men, all the Earth is a sep- Madam Speaker, I yield back the bal- late and outspoken advocate for religious ulcher, and the virtues shall be testi- ance of my time. freedom and Christian humanism, asserting fied not only by the inscription in Mr. TOM DAVIS of Virginia. Madam that the Catholic Church could not claim re- ligious liberty for itself unless it was willing stone at home, but by an unwritten Speaker, I yield myself such time as I to concede it to others; record of the mind which more than may consume to simply urge all Mem- Whereas Pope John Paul II sought to heal any monument will remain with every- bers to support the passage of H.R. divisions between the Catholic Church and one forever. 1460. other Christian faiths, expressing sadness Madam Speaker, I urge all my col- Madam Speaker, I yield back the bal- and regret for the acts of individual past and leagues to forever remember Captain ance of my time. present Catholics who persecuted others on Mark Stubenhofer and to keep a record The SPEAKER pro tempore (Mrs. account of their faith, and promoting rec- in our minds and hearts of the great onciliation through dialogue with Jews and MILLER of Michigan). The question is Muslims and through visits to areas of his- works and sacrifices that all of our on the motion offered by the gen- toric conflict, including Ireland and the Holy sons and daughters of the military con- tleman from Virginia (Mr. TOM DAVIS) Land; tinue to make on our behalf. Captain that the House suspend the rules and Whereas Pope John Paul II traveled more Stubenhofer was one of America’s fin- pass the bill, H.R. 1460. extensively than any other Pope, traversing est. The question was taken; and (two- nearly three-quarters of a million miles, vis- thirds having voted in favor thereof) iting more than 125 countries, being seen by b 1415 more people than any person in human his- the rules were suspended and the bill tory, and ministering to more than six mil- His deeds and sacrifices will forever was passed. be remembered by his friends and fam- lion people at once in the closing mass of A motion to reconsider was laid on World Youth Day 1995 in the Philippines; ily and by a grateful community in the table. Whereas on January 8, 2001, the Speaker of Springfield, Virginia, who share with f the House of Representatives, J. Dennis me their pride in having his name en- Hastert, presented Pope John Paul II with shrined on our local post office. HONORING THE LIFE AND the Congressional Gold Medal, the highest I thank the Virginia delegation for ACHIEVEMENTS OF HIS HOLI- award that Congress can bestow upon any in- their unanimous support of this resolu- NESS POPE JOHN PAUL II AND dividual; tion, and I ask all Members to pass EXPRESSING PROFOUND SORROW Whereas in November 2003 the House of H.R. 1460. Representatives and the Senate unanimously ON HIS DEATH agreed to House Concurrent Resolution 313, Madam Speaker, I reserve the bal- Mr. HYDE. Madam Speaker, pursu- which called upon the President, on behalf of ance of my time. ant to the order of the House of April the United States, to present the Presi- Mr. DAVIS of Illinois. Madam Speak- 5, 2005, and as the designee of the ma- dential Medal of Freedom to Pope John Paul er, I yield myself such time as I may jority leader, I call up the resolution II; Whereas on June 4, 2004, President George consume; and as a member of the (H. Res. 190) honoring the life and House Committee on Government Re- W. Bush traveled to the Vatican and pre- achievements of His Holiness Pope sented Pope John Paul II with the Presi- form, I am pleased to join our chair- John Paul II and expressing profound man, the gentleman from Virginia (Mr. dential Medal of Freedom, the highest civil- sorrow on his death, and ask for its im- ian award of the United States Government; TOM DAVIS), in the consideration of mediate consideration in the House. Whereas, even as Pope John Paul II strug- H.R. 1460, legislation naming the U.S. The Clerk read the resolution, as fol- gled to regain his physical strength after suf- postal facility in Springfield, Virginia, lows: fering failings in his physical condition in after Captain Mark Stubenhofer. This early 2005, he continued to minister to the measure, which has been sponsored by H. RES. 190 faithful, while suffering with grace and in si- the gentleman from Virginia (Mr. TOM Whereas His Holiness Pope John Paul II lence; and was born Karol Jozef Wojtyla in Wadowice, DAVIS), chairman of the Committee on Whereas up until the moment of his death Poland, on May 18, 1920, and on October 16, Government Reform, was introduced on April 2, 2005, Pope John Paul II remained 1978, was elected the 264th Pope of the Catho- faithful and principled, inspiring a con- with the support and cosponsorship of lic Church, making history by becoming the tinuing defense of the unique dignity of the entire Virginia delegation. first Pope from Poland and the first non- every human life: Now, therefore, be it Captain Mark Norman Stubenhofer Italian Pope in more than 400 years; Resolved, That the House of Representa- died on December 7, 2004, in Baghdad, Whereas Pope John Paul II dedicated his tives— Iraq, when his unit was attacked by long life to the peace and well-being of man- (1) has learned with profound sorrow of the small arms fire. Captain Stubenhofer, a kind; death of His Holiness Pope John Paul II; company commander, was assigned to Whereas Pope John Paul II risked his own (2) expresses gratitude for the life of Pope life by defying the Nazi forces which occu- John Paul II and the innumerable blessings the 1st Battalion, 41st Regiment, 1st pied Poland during World War II and pro- manifested through his service; Armored Division in Fort Riley, Kan- tecting its Jewish population, while trying (3) commends the life’s work of Pope John sas. Captain Stubenhofer, a native of to inspire faith in the oppressed; Paul II, recognizing his enduring and his- Springfield, Virginia, was on his second Whereas Pope John Paul II returned to his toric contributions to the causes of freedom, tour of duty in Iraq when he was killed. native Poland in June 1979, unleashing a pa- human dignity, and peace in the world; Mark Stubenhofer graduated from triotic and religious force that would ulti- (4) expresses condolences to the people of West Springfield High School in 1992. mately lead to the peaceful toppling of the Poland for the loss of such an inspirational In high school, he was a student gov- Communist regime in Poland; figure in Poland’s transformation from a to- Whereas Pope John Paul II was a unique, talitarian regime to democratic government; ernment leader, member of the home- substantial, and historic catalyst in the de- (5) extends its heartfelt sympathy to the coming court, and baseball player. mise of Soviet communism and the emanci- more than one billion Catholics around the After high school, Mark went on to pation of hundreds of millions of people from world, including more than sixty-six million graduate from Clemson University totalitarian rule; Catholics in the United States, who looked

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.047 H06PT1 H1808 CONGRESSIONAL RECORD — HOUSE April 6, 2005 to Pope John Paul II as Supreme Pontiff; During a long and fruitful life, he lit- to Rome in 1998. In our long discussion and erally provided the world with an ex- with His Holiness, we were struck by (6) calls upon the people of the United ample of how to live with dignity and his clarity of mind, his captivating per- States to reflect on the life of Pope John unshakable faith. He told us to ‘‘be not sonality, and his absolute refusal to let Paul II during the worldwide period of re- membrance following his death. afraid’’ in the face of seemingly insur- his deteriorating health force him to SEC. 2. The Clerk of the House of Rep- mountable challenges. He showed us remain behind the walls of Vatican resentatives shall transmit an enrolled copy how to demand justice from the unjust. City. These impressions came back to of this resolution to the Secretary of State His faith inspired us when we most me during these very last days when a with a request that the Secretary transmit needed reassurance. His composure and Pope silenced by illness nevertheless it to the Papal Secretary of State at the dignity during times of great suffering continued to call out forcefully for Vatican. serves as an inspiration to us all. He freedom and peace and to bring com- The SPEAKER pro tempore. Pursu- bore his personal cross with grace and fort to millions around the globe. ant to the order of the House of Tues- serenity until the very end of his long In his first public address at his in- day, April 5, 2005, the gentleman from and remarkable life. stallation as the Supreme Pontiff in Illinois (Mr. HYDE) and the gentleman As John Paul II has said, ‘‘Faith 1978, John Paul II famously urged the from California (Mr. LANTOS) each will opens us to a hope that does not dis- faithful, and I quote, ‘‘Be not afraid.’’ control 30 minutes. appoint, placing us before the perspec- In the decades that followed, this mes- The Chair recognizes the gentleman tive of the final resurrection.’’ While sage resonated well beyond the Church from Illinois (Mr. HYDE). life itself is short and tenuous, I am and the City of Rome. Within months GENERAL LEAVE comforted by the fact that His Holiness of assuming his papacy, Pope John Mr. HYDE. Madam Speaker, I ask is finally at home and in a place of Paul II traveled to his native Poland. unanimous consent that all Members peace and refreshment with the Father. Enormous crowds poured onto the may have 5 legislative days within I am sure he is praying for us even streets to greet him. The Pope pointed which to revise and extend their re- now, as we are praying for him. out that it was impossible to under- marks on House Resolution 190, the It is appropriate we mourn his pass- stand Poland without the context of resolution under consideration. ing. It is right and proper that we Catholicism, and that, in his words, The SPEAKER pro tempore. Is there grieve over the loss of humanity’s ‘‘There can be no just Europe without objection to the request of the gen- great champion; but we should also feel the independence of Poland.’’ tleman from Illinois? Throughout the 1980s, the Pope re- There was no objection. gratitude that this Pope stayed with us for so long and look forward to the mained in constant contact with the Mr. HYDE. Madam Speaker, I yield nascent Solidarity labor movement and myself such time as I may consume. time when we will hear the words he surely heard last Saturday: ‘‘Come, Be- with the Polish Government, pushing Madam Speaker, it is a privilege to successfully for the end of martial law speak in honor of the life and the loved of my Father, and enter the Kingdom which has been prepared for in 1983, and, ultimately, Madam Speak- achievements of His Holiness Pope er, the end of the Polish Communist re- John Paul II. It is hard to imagine any you since the beginning of time.’’ I urge my colleagues to vote in favor gime in 1989. other person who holds so much world- The demise of communism in Poland of this resolution. wide respect regardless of religious dramatically influenced the pace of faith. The estimated 4 million people, Madam Speaker, I reserve the bal- ance of my time. Democratic change throughout Central including 200 heads of state, expected and Eastern Europe. Americans, to- to attend the Pope’s funeral in Rome Mr. LANTOS. Madam Speaker, I yield myself such time as I may con- gether with the rest of the world, will later this week will bear witness to his- be eternally grateful for his important tory’s high regard for this man of prin- sume, and I rise in strong support of this resolution. role in bringing liberty and democracy ciple and courage. to tens of millions of men and women John Paul II dedicated his long life Madam Speaker, at the outset, I would like to express my deep appre- behind the Iron Curtain. to peace and freedom for all mankind. The Pontiff went on to provide inspi- ciation to the distinguished chairman As a young man, the Pontiff risked his ration for the ‘‘people power’’ revolt of the Committee on International Re- life and defied Nazi forces which occu- against the corrupt rule of Ferdinand lations, my good friend, the gentleman pied Poland in an effort to protect the Marcos in the Philippines, and he from Illinois (Mr. HYDE), for authoring Jewish population and others in his strongly supported the pro-democracy homeland. As the 264th Pope, his faith this resolution remembering the life of efforts of the Archbishop of Manila, remained steadfast during the years of Pope John Paul II. I also welcome the Cardinal Jaime Sin. Marcos fell from the Cold War, playing an important wholehearted support for this measure power in 1986. Then the Pope traveled role in the demise of Soviet com- of my friend, our Democratic leader, to Chile in 1987 and spoke out firmly munism. the gentlewoman from California (Ms. against the authoritarian rule of As columnist Charles Krauthammer PELOSI). Augusto Pinochet. Democracy took commented this week, ‘‘John Paul II’s Madam Speaker, one billion Catho- hold in Chile in 1990. Then the Pope first great mission was to reclaim his lics worldwide, more than 60 million of traveled to East Timor in 1999, inspir- native Eastern Europe for civilization, them Americans, have suffered the ing a whole generation of young Timor- and he demonstrated what Europe had staggering loss of a unique spiritual ese to protest Indonesian occupation. forgotten and Stalin never knew: the leader. And for all humanity, Pope East Timor won its freedom in 2002. power of faith as an instrument of po- John Paul II was a towering figure in Pope John Paul II also made extraor- litical mobilization.’’ Visiting more the struggle for freedom. He railed dinary efforts to repair relations be- than 125 countries over his career, the against injustice all his life. He fought tween Catholics and Jews. In 1982, he Pope reached out to people of other tirelessly on behalf of the poor, and he took the historic step of establishing cultures and religions in an effort to- kept alive the aspirations of the op- diplomatic relations between the Vati- ward greater understanding, healing, pressed wherever they were. can and the State of Israel. He became and harmony. Those of us who have shared in his the first Pope in modern times to visit Despite the steady decline in his fight against both Nazism and com- a synagogue. In 2000, he was the first health due to Parkinson’s disease, and munism have a special appreciation for Pope to travel to the State of Israel; especially since he fell ill in early Feb- him. Those of us who lived in the grip and there, Madam Speaker, he quietly ruary, John Paul II continued to lead of Nazism and communism will always read a prayer of reconciliation at the the Roman Catholic Church with his be grateful for his eloquence and his Western Wall, requesting forgiveness gentle strength and noble heart. He re- courage in his fight against Hitler’s for the sins of the Church against Jews mained faithful, principled, and reso- tyranny and Soviet domination during through the centuries. lute concerning the continuing defense the Cold War. of the Church’s traditional belief in the I had the profound honor, with my b 1430 unique dignity of every human life wife, of having a serious conversation At a somber visit to the Yad Vashem, from conception until natural death. with Pope John Paul II during the visit the memorial to the Holocaust, the

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.016 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1809 Pope spoke movingly of his Jewish Mr. DAVIS of Illinois. Mr. Speaker, I in ending Soviet domination in Eastern Europe friends he had lost to the death camps thank the gentleman for yielding me as well as the collapse of the Soviet Union during the Holocaust, and he recom- this time. itself. For his leadership in the fight against to- mitted the Catholic Church to battling One of the great experiences I have talitarianism, many people in Eastern Europe anti-Semitism around the globe. He had in life was to have an audience and of Eastern European descent hold him in said, ‘‘The world must heed the warn- with Pope John Paul II. I traveled to particularly high esteem. ing that comes to all of us from the Rome with the former mayor of the His leadership in the pro-democracy move- victims of the Holocaust, and from the city of Chicago, Harold Washington; ments in Eastern Europe represents only one testimony of the survivors.’’ two other colleagues of mine at the facet of his numerous accomplishments. A Madam Speaker, with his efforts to time, a Jewish gentleman, Larry complete list would not be possible, though I reach out to Jews worldwide and to the Bloom, and a Polish gentleman, Bill am certain that my colleagues in the house State of Israel, and with his ceaseless Krystaniak. The four of us met with will point out many more. work to promote human rights glob- the Pope, two African Americans, a Mr. HYDE. Mr. Speaker, I yield such ally, Pope John Paul II, became a truly Jewish person, and a Pole. When we time as he may consume to the gen- historic figure. We were all inspired by were ready to leave, Bill Krystaniak tleman from Kansas (Mr. TIAHRT). his passion for justice. His voice will be replied, ‘‘We can actually end our trip Mr. TIAHRT. Mr. Speaker, I join my missed in the great global chorus that because one of my wishes has been ful- colleagues today in rising to honor the sings out for freedom in all corners of filled.’’ life and achievements of His Holiness, the world. I strongly urge all of my col- Each one of us left with a tremen- Pope John Paul II, and to express pro- leagues to support this resolution. dous sense of peace and tranquility, found sorrow on his death. This week is Madam Speaker, I reserve the bal- knowing that we had been in the pres- bittersweet for people of faith through- ance of my time. out the world. We mourn the loss of a Mr. HYDE. Madam Speaker, I yield ence of encompassing greatness, one great leader and a man respected by such time as he may consume to the who fought poverty, ignorance, dis- crimination, totalitarianism, whose people of many different faiths, yet we gentleman from Minnesota (Mr. GUT- arms were wide enough and broad also celebrate his life and rejoice that KNECHT). Mr. GUTKNECHT. Madam Speaker, enough and strong enough to embrace he is now enjoying his eternal reward. first of all, I thank the gentleman for the hopes of the world. From the selection of the first Polish yielding me this time. I strongly support this resolution. Pope and the first non-Italian Pope in Abraham Lincoln was succeeded by Chicago is home to more Poles than over 400 years, Pope John Paul II’s Andrew Johnson. Johnson was im- any city in the world with the excep- leadership of the Catholic Church was peached by his fellow Republicans. tion of Warsaw, and I know that we ex- truly historic. Rightfully credited with Teddy Roosevelt became so frustrated perienced a tremendous sense of pride, helping bring about the end of com- with his successor, he came back to not only our Polish citizens, but all of munism, he also maintained a voice of run against him. Chicago, knowing that Pope John Paul morality during a time of over- Great Presidents and great Popes are II, had passed our way. whelming secularization of the West. seldom succeeded by great Presidents Mr. Speaker, I rise today to honor the mem- The Pope was a stalwart in the fight and great Popes, which is why so many ory of Pope John Paul II. He served as the against what he termed a ‘‘culture of of us mourn the loss of Pope John Paul head of the Catholic Church during a tumul- death.’’ He was unrelenting in his pro- II so much. tuous 26 year period that saw changes that motion of a culture of life. I never saw him in person. As a third- rocked the World as well as the Church. Dur- Many talk of the Pope’s legacy and generation Lutheran boy marrying a ing his life, Pope John Paul II’s influence ex- presumed sainthood, but it seems the Catholic girl, I take a more ecumenical tended far beyond the Catholic faithful to non- only legacy Pope John Paul II ever de- view of the papacy. Until John Paul II, Catholics and world leaders. As a result, his sired was a world of hope that cele- I saw the Pope as generally irrelevant death is mourned by people of all faiths brates life. to matters of personal faith and world around the world. Our great 40th President, Ronald events. Karol Wojtyla changed all that. In his role as head of the Catholic Church, Reagan, is credited with restoring opti- He began his papacy with those simple Pope John Paul II led a growing Church that mism to Americans, but even before words, ‘‘Be not afraid.’’ He lived those spans 6 continents and consists of people Reagan, Pope John Paul II began his words until his dying breath. History from very different backgrounds. His credibility mission to restore hope to a pessi- always finds a special place for the as a leader was bolstered by his willingness to mistic world. In carrying his message, fearless. take stands that were often unpopular and Pope John Paul II tirelessly traveled He understood something that many sometimes viewed by many in highly devel- all ends of the globe as no Pope and no Western sophisticates do not. There is oped countries as anachronistic. His willing- leader has done before. Even as he was enormous persuasive power in commu- ness to take stands that reflected the tradi- in great physical pain, he did not stop nicating deeply held moral truths. tional teachings of the Church was strength- visiting people of all ethnicities, cul- President Victor Yushchenko reminded ened by his willingness to acknowledge that tures and faiths to bring Christ’s mes- us today of something the Pope said. the Church had at times failed to stress its tra- sage. He said, ‘‘The path of truth is often dif- Pope John Paul II inspired even the ficult, but never impossible.’’ ditional teachings during challenging periods. most cynical demographic of the He literally took up his cross daily He did not just acknowledge past errors, but and led charismatically his massive sought to prevent future ones by confronting human population, young adults. The flock. He spoke with clarity to them the totalitarian threat of his time, the Soviet Pope’s message to the students of free- and to the world. He led by example, Union. dom and faith led to the success of Sol- and in the process, like St. Peter before John Paul II was a tireless champion of de- idarity. In later years, the annual him, he changed the world. mocracy in Eastern Europe and an unrelenting World Youth Days were filled with stu- He stared down the Soviets when critic of the Soviet Union and its puppet re- dents eager to hear the Pope’s message they threatened to put down the Soli- gimes in Eastern Europe. His experience of faith and hope. The Pope challenged darity movement in his native Poland. growing up in Nazi occupied and Soviet con- them to a life of service in all walks of He traveled more and touched the lives trolled Poland surely influenced his pro-de- life. He said, ‘‘Jesus, Servant and Lord, of more people than any Pontiff in his- mocracy, anti-totalitarian worldview. is also the one who calls. He calls us to tory. I thank God for giving us Karol As Chicago is home to the largest number be like him because only in service do Wojtyla. He will be succeeded. He will of Poles of any city in the world other than human beings discover their own dig- be hard to replace. Warsaw, his death hits especially close to nity and the dignity of others.’’ Mr. LANTOS. Mr. Speaker, I yield 2 home. Many Chicagoans of Polish descent Mr. Speaker, the young people minutes to the gentleman from Illinois fled Poland during the crackdowns and turmoil touched by Pope John Paul II will con- (Mr. DAVIS). of the 1980s—a period during which Pope tinue to carry out his work as they (Mr. DAVIS of Illinois asked and was John Paul II was a major figure in the pro-de- come to shape the world in coming given permission to revise and extend mocracy, anti-Soviet movement in his home- years. It is fitting that Pope John Paul his remarks.) land. Developments in Poland proved decisive II was carried back home to the Lord

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.052 H06PT1 H1810 CONGRESSIONAL RECORD — HOUSE April 6, 2005 on the vigil of Divine Mercy Sunday, a wall we heard President Yushchenko viving tragedy as Pope John Paul II did feast day he instituted. His last mes- speak of with gratitude today. and pledging yourself to bettering the sage to the world, which was read post- He was also a moral leader not only lives of others. A culture of life is for- humously, should be repeated often for his own Christian church, but for giving those who try to extinguish across the globe: ‘‘To humanity, which the wider world. And as the gentleman your life as Pope John Paul II did when at times seems to be lost and domi- from California (Mr. LANTOS) just he visited his would-be assassin in jail nated by the power of evil, egoism and shared eloquently, after centuries of si- and forgave him for his sins. A culture fear, the risen Lord offers as a gift his lent enmity between Christendom and of life is knowing too well the misery love that forgives, reconciles and re- the ancient people of Israel, Pope John of war and becoming a champion of opens the spirit to hope. It is love that Paul II spoke words of reconciliation peace. A culture of life is embracing converts hearts and gives peace. How and healing. the diversity of people living on this much need the world has to understand In particular, his visit and prayers at planet, advocating religious tolerance, and accept Divine Mercy.’’ the Yad Vashem Holocaust Memorial human rights, and a more equitable Mr. Speaker, we pray that John Paul in Jerusalem was, I believe, a water- distribution of the Earth’s precious re- II’s message will be burned in our shed event in the history of the Chris- sources. hearts and guide us through the cur- tian church and will resonate for cen- Mr. Speaker, a culture of life is treat- rent and future world challenges. We turies in the work of the Catholic ing each human being as Karol Wojtyla also pray for the repose of his soul and Church and Christians across the globe. treated Edith Zierer. Let a culture of are delighted that he is in the company Pope John Paul II stood against the life, in this fashion, be Pope John Paul of the Lord he dutifully served his 84 immorality of communism and anti- II’s legacy. years on Earth. Semitism and ensured that the church Mr. HYDE. Mr. Speaker, I am pleased Mr. HYDE. Mr. Speaker, I yield such would remain a bulwark of moral to yield such time as he may consume time as he may consume to the gen- truth. And he stood for the sanctity of to the gentleman from Texas (Mr. life, as the gentleman from Illinois tleman from Indiana (Mr. PENCE). PAUL). (Mr. PENCE asked and was given per- (Mr. HYDE) stated so eloquently. When (Mr. PAUL asked and was given per- mission to revise and extend his re- the culture of death has made such a mission to revise and extend his re- marks.) steady advance across Western civiliza- marks.) Mr. PENCE. Mr. Speaker, I rise in tion, Pope John Paul II stood for the Mr. PAUL. I thank the chairman for strong support, along with the gen- unborn. His leadership, his voice, his bringing this resolution to the floor, tleman from Illinois (Mr. HYDE), on be- compassion will be missed in the life of and I strongly support it. half of this resolution honoring the life his church and, I argue humbly, the Mr. Speaker, I am pleased to join my and achievement of His Holiness, Pope wider world. Pope John Paul II’s death colleagues in paying tribute to the life John Paul II, and expressing profound is a loss for humanity. He was not just and legacy of Pope John Paul II. Pope sorrow upon his death. the leader of the largest Christian John Paul II was one of the great reli- Mr. Speaker, while I am a United church in the world, he was truly a gious leaders of modern times and an States Representative today, my first moral leader. eloquent champion of human freedom public position ever was that of an May God rest his soul and bring com- and dignity. Unlike all too many mis- altar boy at St. Columbus Catholic fort and consolation to millions of his guided religious leaders, the Pope un- Church in Columbus, Indiana, so it is adherents. derstood that liberty, both personal Mr. LANTOS. Mr. Speaker, I yield 3 with a particular sense of privilege and economic, is a necessary condition minutes to the gentleman from Mary- that I rise today in this capacity to for the flourishing of human virtue. land (Mr. CUMMINGS). recognize the extraordinary life and The Pope’s commitment to human dig- Mr. CUMMINGS. Mr. Speaker, if I work of Pope John Paul II. nity, grounded in the teachings of may, I would like to tell a story. In My Catholic faith and that of my en- Christ, led him to become one of the January of 1945, a young Jewish girl, 13 tire family continues to remain the most eloquent spokespersons for the years of age, stumbled from a Nazi bulwark of our world view, and much of consistent ethic of life, exemplified by labor camp in Poland, starved to skin that over the past three decades has his struggle against abortion, war, eu- and bones, and clad only in her striped been invigorated by the leadership and thanasia, and the death penalty. rags. She shivered in the Polish winter. eloquence and courage of this man. Unfortunately, few in American poli- Now, many in the national media b 1445 tics today adhere to the consistent have commented since the Pope’s pass- Though she did not know it yet, ethic of life. Thus we see some who ing this last Saturday about the nature Edith Zierer was completely alone in cheered the Pope’s stand against the of his appeal and the source of the the world, her mother, father and sis- war and the death penalty while international grief that has attended ter murdered in Nazi camps. When she downplaying or even openly defying his his passing. Many commentators in felt that she could no longer bear the teachings against abortion and eutha- print and on television have suggested cold, Edith rested in the corner of a nasia. Others who cheered the Pope’s that his appeal is a direct result of his train station. opposition to abortion and euthanasia well-schooled public abilities, loosely Suddenly, a young man wearing a were puzzled or even hostile to his op- defined as his charisma. long robe, only 24 years of age himself, position to war. Many of these pro-life But I rise today in support of this approached her. He gave Edith tea, supporters of war tried to avoid facing resolution to respectfully disagree with bread and cheese and offered to help the inherent contradictions in their po- those commentators and to say that I her get to Krakow to find her parents. sition by distorting the just war doc- believe Pope John Paul II’s appeal on a She rose to thank him, but fell to the trine which the Pope properly inter- global scale is grounded in his role as a floor, unable to stand because she was preted as denying sanction to the Iraq moral leader; in fact, one of the chief so weak. The young man took Edith in war. One prominent talk show host moral leaders on the planet of the 20th his arms, carried her to the train, and even suggested that the Pope was the century. sat down in a cattle car beside her. He enemy of the United States for this po- His moral leadership and his personal shielded her from the cold with his sition. courage were forged, as we have heard coat, built a small fire for warmth, and In conclusion, I am pleased to pay even today, from an extraordinary accompanied her to Krakow. tribute to Pope John Paul II. I would youth in the grip of Nazi Germany’s Edith Zierer lived, and she still lives encourage those who wish to honor the tyranny. Pope John Paul II, from very today as a result of the kindness of this memory of John Paul to reflect on his early in his life, became an opponent of stranger. Mr. Speaker, that generous teachings regarding war and the sanc- every form of government organized to stranger was also an orphan, a young tity of life and consider the inconsist- present tyranny against the mind of seminarian named Karol Wojtyla, encies in claiming to be pro-life but man. His stands against communism eventually Pope John Paul II. supporting the senseless killing of in- throughout his life literally were the Mr. Speaker, this is what we mean by nocent people that inevitably accom- underpinning that brought down that a culture of life. A culture of life is sur- panies militarism, or in claiming to be

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.053 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1811 pro-peace and pro-compassion but sup- of so many both with his words and with his paid homage to the victims of the Holocaust in porting the legal killing of the unborn. actions, that people now come together to many nations. He was the first pope to have Mr. LANTOS. Mr. Speaker, I am very honor this great man. Pope John Paul was visited Auschwitz concentration camp in Po- pleased to yield 2 minutes to my distin- born Karol Wojtyla on May 18, 1920, in land, in 1979 and his visit to the Synagogue guished colleague, the gentlewoman Wadowice, Poland. His early life was not of Rome was the first by a pope in the history from Texas (Ms. JACKSON-LEE). easy, his mother died when he was only eight of the Catholic Church. In March 2000, Pope Ms. JACKSON-LEE of Texas. Mr. years old. Three years later, he lost his older John Paul II went to the Holocaust memorial Speaker, I thank the distinguished brother to scarlet fever. His father, who was a Yad Vashem in Israel and touched the holiest ranking member for yielding time, and sergeant in the army, died in 1941. By the age shrine of the Jewish people, the Western Wall I thank the gentleman from Illinois of 20, he had lost three of his closest family in Jerusalem, promoting Christian-Jewish rec- (Chairman HYDE) for bringing this res- members. But as he would throughout his life, onciliation. The Pope said at that time that olution to the floor. Might I offer my he summoned his courage and his remarkable Jews are ‘‘our older brothers’’. Pope John deepest sympathy to the world’s family resolve to remain true to his religious upbring- Paul was also the first Pope to visit a Muslim of Catholics, to those Catholics in my ing. He would grow up in Poland during an era Mosque when he traveled to Damascus, Syria. congressional district, the 18th Con- of Nazi occupation and repression. He worked He used his position of influence to bring peo- gressional District in the State of as a common laborer and even as religious ple of all faiths together and for that we should Texas, and as well allow me as a mem- expression was being quelled by the Nazis he be grateful. ber of the ecumenical community, continued his Catholic teachings. At each stop he made as Pope he reiterated many different faiths, to be able to ex- He would become the youngest bishop in that we only have one lifetime to live and that press our sympathy as well. modern Polish history at the age of 38 as the we must ensure that we use this time to It is important to note what many of Archbishop of Krakow. Nine years later he achieve peace instead of suffering in war. It us believe Pope John Paul II stood for, was the youngest cardinal, guiding the Catho- was Pope John Paul who stated: ‘‘War is a an unyielding spine, backbone, some- lic faithful in a country that was officially athe- defeat for humanity.’’ And that ‘‘Wars generally one who was larger than life, who be- ist. He was known even then for his stance do not resolve the problems for which they are lieved in humanity and its safety and against Communism and the forces of oppres- fought and therefore . . . prove ultimately fu- love and as well had the common sion and hate. On Oct. 16, 1978 at the age of tile.’’ His words certainly ring true for the touch, a man who understood suffering, 58, John Paul II was selected to lead the present, as well as the past and future. In- having lost his mother at an early age Roman Catholic Church as the youngest pope deed, Pope John Paul II was a great man for of 8 years old, his older brother of scar- of the 20th century. His relative youth allowed all ages; it was he who stated: ‘‘The future let fever just a few years later, and his him to be extremely active and meet with peo- starts today, not tomorrow.’’ His presence and father, who was a sergeant in the army, ple throughout the world. His charisma and stature will be missed and we are right to in 1941. He understood suffering. Yet he grace allowed him to touch the hearts of peo- mourn this great man. However, the Pope was the first Pope to expand his reach ple and convey a message of peace and col- John Paul would be the first to tell us that the and understand the value of the world’s lective humanity. future is now and we must continue to move religious communities coming to- As Pope, John Paul II traveled the world to forward. We must all use his words and the gether. directly speak to the issues that confronted so- lessons learned to help guide future genera- And so he paid homage to the victims ciety. Whereas previous pontiffs often re- tions. Because while the issues of society may of the Holocaust. He was the first Pope mained distant, never straying far from the change over time, the basic spirit of humanity to visit Auschwitz and as well to visit Vatican, John Paul maintained a busy travel never does. the synagogue of Rome. In March 2000, schedule. He completed 102 pastoral visits Mr. HYDE. Mr. Speaker, I am very Pope John Paul II went to the Holo- outside of Italy, and 144 within, visiting almost pleased to yield 1 minute to the distin- caust memorial as well. And, yes, he 130 countries during his 26 years as Pope. He guished gentleman from Texas (Mr. visited Syria. Pope John Paul II was logged more kilometers of travel than all other DELAY), the majority leader. also the first Pope to visit a Muslim popes combined. His first visit as pope was to Mr. DELAY. Mr. Speaker, I thank the mosque when he traveled to Damascus, his homeland of Poland which was still beset gentleman from Illinois (Mr. HYDE) and Syria. Later on, with the strength of by Communist rule. He advocated for the soli- the gentleman from California (Mr. his conscience, he said to us, war is a darity movement and he pushed for change, LANTOS) for offering this resolution. defeat for humanity and that wars gen- but he insisted above all else that any move- From the darkness, Mr. Speaker, erally do not resolve the problems for ment in order to be successful must be peace- came the words, ‘‘Be not afraid.’’ A which they are fought and therefore ful. It was Pope John Paul who aptly stated quarter century on, through tearful prove ultimately futile. that: ‘‘Social justice cannot be attained by vio- eyes, we behold the man, Karol So I simply have these words to say, lence. Violence kills what it intends to create.’’ Wojtyla, who with gentle vigor willed Mr. Speaker, simply to thank Pope His influence and guiding hand brought down history toward the splendor of truth. John Paul II for his legacy and his life, the rule of Communism in Poland and ushered Born to an age of man and an era of to appreciate the fact that he was will- in a new era throughout Europe and indeed oppression, John Paul II gave witness ing to lift those who could not lift much of the world. I was honored to recently to all who would be free that the Au- themselves and thank him for teaching have meetings with both former Polish Presi- thor of History was too the Author of us about the genocide in Sudan and al- dent Lech Walesa and current President Liberty. As a secret seminarian wit- lowing us to lift ourselves to be able to Aleksander Kwasniewski and it seems clear nessing the Nazi occupation of Poland, stand against it and to fight with every that together with the Pope’s influence Poland the Third Reich wanted him arrested. breath in our body to be able to live his was able to transform from an oppressive As a bishop witnessing the Soviet legacy, and that is a man of peace and communist country under strict Soviet control domination of Eastern Europe, the po- a man who loved humanity. and with a weak economy to an independent litburo wanted him dead. And as Holy Mr. Speaker, I rise today as a cosponsor of and democratic country with a fast growing Father witnessing the degradation of the House Resolution honoring the life and free-market economy. The end of communism human life, the culture of death want- achievements of His Holiness Pope John Paul fell like a series of dominoes in nations ed him silenced. II and expressing profound sorrow on his throughout the world and truly Pope John Paul Yet in the face of their threats, not death. Truly, billions of people around the was among the most influential in setting off despite them but because of them, his world, both Catholic and non-Catholic alike these series of events. voice rang out all the louder and his mourn the death of Pope John Paul II. He Pope John Paul also used his travel to im- heart beat all the stronger in love for held one of most influential positions on Earth, prove relations between the Vatican and peo- the children of God. He battled tyranny but his life will be remembered as a man of ple of other faiths. He grew up in an area of his whole life, tyrannies of the sword the people, a man who never saw any barriers Poland where he lived next to many people of and of the heart, that the world, his between people. Jewish faith during the era of Nazi persecution universal flock, might throw off the I plan to travel with the Congressional Dele- where he saw his Jewish neighbors face bru- yoke of evil and embrace the love of gation to Pope John Paul’s funeral at the Vati- tality. As Pope he wrote and delivered a num- God’s truth. can in Rome along with an estimated two mil- ber of speeches on the subject of the Against violence, oppression, mate- lion mourners. This man has touched the life Church’s relationship with Jews, and often rialism and hatred, John Paul defended

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.055 H06PT1 H1812 CONGRESSIONAL RECORD — HOUSE April 6, 2005 the dignity of human life with a warm words, Well done, good and faithful Paul: John, the Apostle of love, and voice and an iron will. He was the rock servant. Paul, who preached the Gospel to such upon which a generation of Catholics Mr. LANTOS. Mr. Speaker, I am de- a wide range of people in the earliest built their churches and the walking lighted to yield such time as she may days of Christendom. In doing so him- symbol of faith, hope and charity that consume to the gentlewoman from self, Pope John Paul II brought the re- fuels the Christian heart. Much has California (Ms. PELOSI), our Demo- demptive message of the Catholic been rightly said of John Paul’s role in cratic leader and my friend and neigh- Church to places it had never been, and the victory of freedom over tyranny in bor who will be one of the leaders of he inspired millions of individuals who the East; but much more will be said, the congressional delegation leaving saw in his conviction and in his exam- Mr. Speaker, of his eventual role in the for Rome. ple the light of God. victory of freedom over license in the Ms. PELOSI. Mr. Speaker, I thank He had a special bond with the youth West. For the culture of life is the cul- the distinguished gentleman for yield- of the world. I remember when I met ture of John Paul II. ing me this time and for his kind him in San Francisco when he came In his later years, the Pope gave per- words. It is indeed a privilege to be there, and it was so exciting for us to haps his most profound witness to the part of a delegation to the funeral of welcome the Holy Father, and when he dignity of human life as he carried age the Holy Father. I also thank the dis- landed at Crissey Field in a helicopter, and disease around on his back like a tinguished chairman of the committee. it was so dramatic. And when I met cross. He stumbled along the way, like I know how much he respected and ad- him, our Archbishop, Archbishop his Savior, but he never put it down. mired the Holy Father. I thank him for Quinn, said, as we were chatting, In his final days, as his long-suffering his leadership in helping us express our ‘‘Your Holiness, I have confirmed the body began to fail, pilgrims came to his condolences as well. Congresswoman’s children.’’ And he home at the Vatican to pray and to Mr. Speaker, my mother used to al- said, ‘‘That’s good, that’s good.’’ And share this particular moment in the ways say of John Paul II, ‘‘He is a saint he said, ‘‘Your Holiness, I have con- history of faith. And still they come. walking the Earth.’’ Indeed, he was. It firmed the Congresswoman’s five chil- Around the world, billions of every is in that spirit and with deep sadness dren.’’ And he said, ‘‘That’s very good, creed are treated to photographs of at his passing but with great thanks that’s very good.’’ John Paul as a child in Poland, as a and joy for his life of good works that And as I said, he had a special bond young actor, and a priest. We see foot- I rise today to join my colleagues in with the youth of the world. He spoke age from his decades in Rome, the paying tribute to Pope John Paul II. with them as a spiritual leader, but smiling face, the graceful, athletic also as a teacher and as a friend. The b 1500 frame, the gentle voice that roared guidance he offered to today’s youth truth to power. Pope John Paul II was one of the will benefit the world for years to It is in these images, Mr. Speaker, great spiritual and humanitarian lead- come. that the grace of his late suffering can ers of our time. His deeds, his words Likewise, his influence on world be fully understood. He gave to his God and his indomitable spirit of love were events will be felt for generations. and neighbor all that he had, all his a blessing to this world, and the entire John Paul II played an enormous role heart, all his mind, all his soul, until world mourns his passing. in the fall of communism and ending there was nothing left to give but his Again, I am very honored to be part the Cold War, and that has been men- broken, weary body which he gave with of the congressional delegation to the tioned here. He was a man of peace. As a prayer of joy and a soft, final amen. Pope’s funeral on Friday, and I hope a priest in Poland, he waged a per- Thus shall we remember our friend that our delegation can help convey sistent struggle for nearly three dec- John Paul, warrior-saint, the Lion of the thoughts, prayers, and deep sym- ades against the Communist Govern- Krakow. pathies of the American people on his ment over the building of churches and Mr. HYDE. Mr. Speaker, I am pleased passing. We will be pleased to join our the right of his people to worship as to yield such time as he may consume President in doing that. they choose. He continued that work as to the gentleman from Nebraska (Mr. Pope John Paul II was a man of God, Pope, inspiring the Polish people and FORTENBERRY). and he was a man of the people. He was the Solidarity movement, and offering (Mr. FORTENBERRY asked and was passionate in his commitment to doing spiritual strength to others working to given permission to revise and extend God’s work here on Earth. St. Francis free themselves from Communist re- his remarks.) of Assisi, who was the patron saint of gimes. Mr. FORTENBERRY. Mr. Speaker, my city of San Francisco, said, In his later years, the Pope offered let me add my voice to the millions of ‘‘Preach often, sometimes use words.’’ the world a very different but signifi- Americans and people throughout the The life of John Paul II was a sermon cant form of inspiration. Suffering world who now mourn the loss of Pope he preached every day by example. His from Parkinson’s disease and with fail- John Paul II. He was an extraordinary ministry fed the hungry, cared for the ing health, he struggled until the end man of great courage and conviction of sick, and invited the stranger. He was to share God’s word. He taught us faith. His life was consumed in sac- a champion for the poor, promoting about the dignity of every individual rifice, out of love of God and love of justice and economic development and showed us that we must always others; and he reminded us constantly around the world. His work built on the seek to make a difference on this of the duty we have to the least among legacy of Pope Paul VI, not his imme- Earth. us, the poor, the vulnerable, the weak diate predecessor, except for 33 days his It is written in the Book of Genesis, who have no power but the protection predecessor, who believed, ‘‘If you want ‘‘Thou shalt go to thy fathers in peace; of those who willfully sacrifice on their peace, work for justice.’’ Pope John thou shalt be buried in a good old age.’’ behalf. Paul II helped to bring justice and John Paul II is with our Father now. Pope John Paul II not only con- healing to the relationship between We were blessed that he preached peace fronted physical deprivation but also Catholics and Jews, and I know how in this world for so long. intellectual and spiritual poverty. His important that is to the gentleman As we honor his memory, as we sing constant admonishment to us, particu- from California (Mr. LANTOS). His com- his praises, we must also heed his mes- larly those of us in power, to rebuild a mitment to nonviolence and to peace sage. The Catholic Church recently culture of life is a message so des- on Earth was heartfelt and steadfast. gave us a guide, the compendium of perately needed in our world. He had a With a concern and caring for all of Catholic social justice, for how we can heart for the youth and traveled exten- God’s children, John Paul II reached address some of the issues the previous sively to bring a message of hope and out to people of all ages, nationalities, speaker talked about, addressing the love, saying to the young especially, and faiths. As we all know, he traveled needs of the poor, the vulnerable, and act courageously and do not be afraid. to so many countries in his service as the weak. President Bush mentioned Mr. Speaker, I will miss him. Amer- Pope, and he spent more than 2 years that when he gave His Holiness the ica will miss him. The world will miss in his papacy outside of Rome. I like to Presidential Medal of Freedom, he him. I now believe that he hears the say that he was aptly named John mentioned that he had championed the

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.056 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1813 work for the poor, the vulnerable, the in others, one that I hope we all take belief in God eventually led him to the needy, he said, and the weak. We must as his legacy. very chair of St. Peter. As the head of do that in our work here. It would then A man who grew up in such a dif- the Holy See, a position he held for be an appropriate honor and remem- ficult time, in a difficult oppressive more than 26 years, he led his flock brance for the life, leadership, service, time, in an area where obviously his longer than any other Pope and cer- and holiness. faith was not quite permitted, was such tainly longer than any in recent mem- My mother said, as I said in the be- an inspiration to world leaders, Ronald ory. ginning, he is a saint walking this Reagan, Margaret Thatcher, working I was always humbled by this man Earth. Anyone who was ever in his hand in hand with them because he un- who was able to exert so much influ- presence knew they were in the pres- derstood that the fundamental connec- ence on the politics of our world and ence of a holy man. Because he lived tion between redemption and human the direction of mankind, yet had the and we observed him, we have a respon- freedom was real, and he needed to par- ability to do so with such a quiet, sibility to follow his lead. ticipate. He showed us that every gentle hand. Mr. HYDE. Mr. Speaker, I yield such human has value. His own personal suf- One must look no further than the time as she may consume to the gen- fering is a testament to the vital sa- collapse of the Soviet Empire for an ex- tlewoman from Pennsylvania (Ms. credness of all human life. ample of how much influence he had. HART). He called special attention to the un- While no one person can claim that Ms. HART. Mr. Speaker, I thank the born. We still struggle in not paying they were the lone force behind the col- gentleman from Illinois for yielding me enough attention to the unborn. Just lapse of communism, there should be this time, and my colleagues who are recently we demonstrated, unfortu- no argument that the extent to which so eloquently expressing the impact nately, how our society does not pay John Paul II played in defining it and that Pope John Paul II has had on all close enough attention or concern to defeating it was enormous. Along with of us and on the world, and hopefully the incapacitated, the infirm. I hope another great man of his era, Ronald on all of us here in this House. this reflection today will help us do so. Reagan, they confronted their adver- He became Pope in 1979, when I was a The Pope said that each man in his saries face to face and helped defeat teenager. In a quiet Catholic commu- suffering can also become a sharer in this evil, and did so without war. nity, one that was quietly prayerful, the redemptive suffering of Christ. We b 1515 quietly service-oriented, but quietly, are wise to remember him, his legacy, he inspired us not to be so quiet. He in- especially his teaching, through his This man of God, who was once an spired us to change that quiet prayer powerful words, but mostly through his avid outdoorsman, who skied and hiked into exuberant song. He inspired us to powerful actions. the Italian mountainside, who aggres- get involved, to step out of the church- Mr. HYDE. Mr. Speaker, I yield such sively traveled the globe more than es, step out of our own communities, time as he may consume to the gen- any other Pope, became almost like a and give more direct service, become tleman from Colorado (Mr. BEAUPREZ). family member to everyone in the more directly involved with those af- Mr. BEAUPREZ. Mr. Speaker, I world, regardless of faith. flicted with illness, with those afflicted thank the gentleman from Illinois He embraced the modern media. John in poverty, with those with other prob- (Chairman HYDE) for all of his leader- Paul entered the homes and touched lems, emotional concerns, and active ship, especially for bringing this reso- the hearts of countless millions with the Church became. lution to the floor today, but for all of his message of love, truth, devotion, I could not even describe the dif- his leadership throughout the years. I and courage. He was unwavering in his ference in the church I grew up in in thank the gentleman from California defense of all life, limitless in his for- Pittsburgh from 1979 to today, inspired (Mr. LANTOS) as well for his leadership, giveness, including of his own would-be by Pope John Paul II. Young people, similarly a champion of justice and a assassin, and without peer as he em- everyone mentions that the Pope has a compassionate individual who speaks braced all the world’s faiths and hum- very close connection with young peo- with tremendous moral clarity. bly asked forgiveness from our Jewish ple. World Youth Days around the Mr. Speaker, I am saddened today, as brethren for a Church and a world that world were so widely attended from a lifelong Catholic, at the thought of did too little for too long. children around the world that it gives the death of our great Holy Father, Those of us privileged to serve in this me great hope for the future of the John Paul II. As I stand in the well of hallowed Chamber have the oppor- world. this Chamber, it also strikes me as cu- tunity to meet presidents, prime min- A young priest at my church, who is riously ironic that we come to com- isters, kings and queens, the famous now probably about 33 or 34, had taken memorate the life of John Paul II, who and the fortunate of the world. Twice I a delegation to the World Youth Day spoke with enormous moral clarity, was in the presence of this Pope, in 1993 last year or the year before and had and I stand staring at the image of in Denver and at the Vatican in 1995. come back with a pretty amazing Moses, the first of our lawgivers, who I submit, Mr. Speaker, that the es- story. In this world of corporal com- defined moral clarity for us in those sence of this humble man from Krakow fort, one of the young men in the group early beginnings of civilization and hu- transcended humanity. His essence had complained to him that it was so manity. emanated peace, holiness and a sense crowded, he had to stand next to a pile The early years for John Paul II were that surrounding him was a glimpse to of stinking garbage in the hot sun- a journey of hardship and sacrifice. all of us of our Creator’s promise for shine. And he was waiting and waiting Born Karol Wojtyla in a small town eternity. Without so much as a single and smelling the garbage and waiting outside of Krakow in 1920, the same word, his spirit overwhelmed all who and thinking, why am I here? This is so year of my mother’s birth, by the way, witnessed his being. uncomfortable. And then finally the he was the second of two sons. His ‘‘Be not afraid’’ became the motto of Holy Father took the podium. It was mother died when he was but 9 years his remarkable Papacy. Inspired by his raining, it was wet. But when the Holy old, and by the time he was 21, he had commitment to peace, freedom, com- Father took the podium, the sun shown lost his dear brother and his father as passion for the poor and oppressed and through. This young man conveyed to well. for a culture of life, may we also carry my priest what I think was the Holy Young Karol found himself alone. He on his legacy of truth in our very own Father’s point all along. This world is worked in a rock quarry and then a lives. not perfect. This world can be made chemical factory to earn a living and Mr. LANTOS. Mr. Speaker, I am de- more perfect through our action, our to avoid being deported to Nazi Ger- lighted to yield 2 minutes to my friend, prayer, our involvement. This young many. To fulfill a wish that his father the distinguished gentleman from New man, I am sure to this day, is a very had, young Karol began preparing to York (Mr. ENGEL), a member of the faithful and active Catholic and a give his life to the Lord by studying at Committee on International Relations. faithful and active servant, one whose an underground, clandestine seminary Mr. ENGEL. Mr. Speaker, I thank attitude that day was transformed in Krakow, doing so in secret to avoid the distinguished ranking member and from himself to generosity and interest the wrath of the Nazis. His faith and my good friend for yielding me time;

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.057 H06PT1 H1814 CONGRESSIONAL RECORD — HOUSE April 6, 2005 and I rise, of course, in support of this Pope John Paul II, and support the res- happening in the world have to remem- resolution, as have all my colleagues. olution and thank the gentleman from ber that first trip back behind the Iron Pope John Paul was an exceptional Illinois (Chairman HYDE) for pre- Curtain in 1980, and seeing tens and person. While one would expect all senting it. hundreds of thousands of people come kinds of accolades to come at this Mr. Speaker, no one at the time in to see this individual, defying their time, the accolades that come for him 1978 expected Cardinal Wojtyla to be government as he defied their govern- are truly heartfelt and truly deserved. elected the Keeper of the Keys to the ment, and the sudden realization to I had the occasion to meet him my Church. In his election as Pope, John most of us in the West that there was very first year in Congress in 1989 in Paul II became the first non-Italian something going on behind the Iron the Vatican. There is a picture that Pope in 405 years of Papal history. Curtain and in the Soviet Union and was taken of us talking. It looks like John Paul II was truly the People’s particularly in Eastern Europe that we we are in very serious talk, and I am Pope. Throughout his Pontificate, really had not realized to be as big as opening my mouth and speaking with John Paul II traveled the world, vis- it was. him. People have always said to me iting over 115 countries on 170 trips. It This is an individual who, to my when they see that picture, My good- was with the people that Pope John amazement, was seen by more people ness, what were you saying to the Paul II connected the most. He called than any other person who has ever Pope? upon the world to embrace freedom and lived. As you think about the quarter The truth is that those of us that human dignity. In doing so, the Pope of a century of his leadership of the were in the first row, the Pope is mov- will be remembered for his role as Church, the tens of thousands and hun- ing along shaking our hands. He shook peacemaker, instrumental in the fall of dreds of thousands and even millions of my hand. I said to him, I am Congress- communism in Europe and the libera- people that would see John Paul II at man ELLIOT ENGEL from New York. He tion of his own native Poland. one time, more people saw him than looked at me and smiled and said, God But the Pope also called on the ever saw anybody else in the history of bless America, and moved on to the world’s religions to open their doors to the world. next person. That is the remembrance I each other. Drawing from his own expe- His impact was great. His leadership have of him. riences in Nazi-occupied Poland, the was strong, his reaching out to people He certainly was a compassionate Pope advocated interfaith dialogue. He of all faiths, particularly his ecumeni- man, someone who really cared about became the first Pope to enter a syna- cal reach to all Christians. As a Bap- the people. Of course, he was the first gogue and embraced the leaders in tist, I appreciate the leadership of this non-Italian Pope in nearly 500 years. I Islam. His work to expand communica- Pope. He reached out to all Christian had the occasion just a couple of weeks tion between the faiths has brought to- faiths, but he also reached beyond ago to visit Krakow, Poland, where he gether a generation of the devoted, and Christian faiths to people of all faiths came from and where he did his min- our world is a better place for it. as no Pope ever had before. istry in his early years; and the people During an open-air mass in St. Pe- We celebrate his life. He stood for there, of course, have special, warm ter’s Square in 1998, the Pope asked of something bigger than the tangible feelings for him. himself, Have you been a diligent and things that we so often think about I want to mention, as so many of my vigilant master of the Church? Have and deal with. It is a great honor to be colleagues have, the Pope’s tremendous you tried to satisfy the expectations of able to stand here on the floor of the gestures of reconciliation with the the faithful of the Church and also the House where people reflect on freedom Jewish community, both in terms of hunger for truth that we feel in the every day, and reflect on the life of this anti-Semitism and going to Israel and world outside the Church? man who did so much to extend free- having the Vatican and Israel establish Although he did not answer then, we dom of all kinds, with the freedom of diplomatic relations. He was a person can answer for him today. Yes, yes, you religion being the most important of that not only spoke his mind, but he have. those, to so many people around the put into play practical steps; and cer- Mr. LANTOS. Mr. Speaker, I am de- world. tainly the Church was on record as op- lighted to yield 3 minutes to my good Mr. LANTOS. Mr. Speaker, I yield posing, actively opposing, anti-Semi- friend, the gentleman from Missouri myself such time as I may consume. tism under his watch. (Mr. BLUNT), the distinguished major- Mr. Speaker, in concluding on our So on behalf of my constituents and ity whip. side, may I just say that for the last on behalf of the people of New York Mr. BLUNT. Mr. Speaker, I thank my hour you have heard an outpouring of and on behalf of the American people, I good friend, the gentleman from Cali- genuine affection and respect and ad- just want to extend, first of all, my fornia (Mr. LANTOS), for yielding me miration for a great spiritual leader. heartfelt condolences to everyone who time to speak on this important issue. These were not empty phrases. These is mourning, and all of us are mourning As has been said many times on the were heartfelt thoughts and expres- the Pope, and say that his life has floor today, we celebrate the life of a sions of profound respect for a person truly touched all of us, Catholic and man who truly changed the world. If I who in a profound way has changed our non-Catholic alike. He is a man that were going to start a list of people who world for the better. we will always remember and one who freed other people in the 20th century, In concluding, I again want to thank we will certainly always miss. I would put the names of Franklin Roo- my friend for crafting this brilliant and I also take my hat off to this great sevelt, Winston Churchill, Ronald moving resolution on which we are tribute that this House is now giving Reagan, and John Paul II at the begin- about to vote. by passing this resolution to honor ning of that list. Mr. Speaker, I yield back the balance Pope John Paul II. This is a man whose life defied all of my time. Mr. HYDE. Mr. Speaker, I am pleased logic and reason, because his life was Mr. HYDE. Mr. Speaker, I yield my- to yield 15 seconds to the gentleman about something bigger than logic and self such time as I may consume. from Pennsylvania (Mr. FITZPATRICK). reason. His life was about faith, and Mr. Speaker, I want to thank the Mr. LANTOS. Mr. Speaker, I yield faith is bigger than those things. If you gentleman from California (Mr. LAN- such time as he may consume to the wrote this individual’s story in a book TOS) for his usual superb cooperation, gentleman from Pennsylvania. as a novel, it would seem too unreason- and I wish to associate myself with his The SPEAKER pro tempore (Mr. able to be the subject of that novel. remarks in closing. GINGREY). The gentleman from Penn- Born in an obscure part of Poland, he Mr. VISCLOSKY. Mr. Speaker, I rise today sylvania (Mr. FITZPATRICK) is recog- resisted the Nazi occupation of his in support of H. Res. 190, a measure honoring nized for such time as he may consume. country and led a resistance that ex- the life and achievements of His Holiness, Mr. FITZPATRICK of Pennsylvania. ceeded anything we could imagine as Pope John Paul II, and expressing profound Mr. Speaker, I rise today with my col- the leader of the Church in Poland sorrow on his death. It is with great honor that leagues and the millions, if not bil- under the Soviet Union. All of us who I stand here today to pay tribute to Pope John lions, of people throughout the world were thinking about world events or Paul II and recognize his contributions to the in celebrating the life of His Holiness even were just amazed at what was causes of freedom, human dignity, and peace.

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K06AP7.060 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1815 The leadership the Holy Father displayed fall of communism and the victory of liberty. tinent. He appointed nearly two dozen car- during his 26-year tenure as Supreme Pastor The world was truly blessed to have Pope dinals from Latin America and the Caribbean, of the Roman Catholic Church helped to John Paul II. including Oscar Andres Rodriguez Maradiaga shape our moral conscience. His fight to end Mr. Speaker, during his 26 years as pontiff, of Honduras and Claudio Hummes of Brazil, human rights abuses and his opposition to Pope John Paul II spread the Catholic faith and thirteen from Africa, including Francis communism not only influenced the Catholic with visits to over 115 countries. His gift for Arinze of Nigeria. community, but the world community. He was uniting those of different beliefs earned him Citing the commitment to social justice in a defender of the faith whose leadership dur- Man of the Year honors from Time Magazine the Old Testament, the Pope was a long-time ing a pivotal time was profound. I am truly in 1994, and his popularity among both Catho- champion of debt relief. In 1994, he called on awed by the life of the Holy Father. lics and non-Catholics around the world was a the United States and other nations to forgive Born Karol Jozef Wojtyla, Jr. in 1920, Pope testament to his genuine love for humanity. the debts of 40 of the world’s poorest coun- John Paul II was the second son of Karol His teaching of tolerance and love for thy tries; to fight vigilantly against hunger, poverty, Wojtyla, Sr. and Emilia Kaczorwoska Wojtyla. neighbor will be a lasting legacy for this truly and disease; and to establish programs to Karol, Sr. was a retired officer for the Polish great religious leader. build sound economic policies in those coun- Army as well as a tailor, and Emilia was a Mr. SHUSTER. Mr. Speaker, I rise this tries. schoolteacher. Pope John Paul II repeatedly afternoon to honor the life and work of Pope Though he mourned September 11th with demonstrated his unique ability to form friend- John Paul II and to offer my condolences to the rest of the world, the Pope steadfastly be- ships that crossed the social norms of the Catholics around the globe who mourn the lieved that peace, not war, is the path to cre- time. Although his hometown of Wadowice, death of their spiritual leader. For 26 years ating a safer world for all. He was an out- Poland was wrought with anti-Semitism, Pope Pope John Paul II was a faithful Shepard to spoken critic of the Iraqi war and called on John Paul II and his family did not share in his flock and acted as a primary example of international leaders to find a peaceful mecha- that hatred. He was the first Pope to visit a peace and justice to millions of all faiths. nism to address their differences. synagogue and the first to visit a memorial in Trained as an actor, Pope John Paul II used Pope John Paul II worked to ease the cen- nearby Auschwitz honoring victims of the Hol- the world stage to promote his message of so- turies’ old tensions between the Catholic ocaust. His Holiness was also the first Pope to cial justice and freedom for all of God’s peo- Church and Jews. He was the first Pope to visit a mosque. ple. Upon his election to the Papacy, Pope visit a concentration camp and was also the Shortly after his father’s death in 1941, John Paul made one of his many journeys first Pope to visit a synagogue, calling Jews Pope John Paul II attended an underground home to his native Poland. It was upon that ‘‘our eldest brothers.’’ He has repeatedly tried seminary in Krakow, where he was eventually journey that the Pope defiantly preached to keep the Catholic Church morally grounded ordained in 1946. His powerful compassion against the oppressive tyranny of communism in its advocacy but adaptive to changes in the and faith carried him quickly up the ranks of and promoted messages of solidarity and free- world. the Church as he was named the auxiliary dom. In uttering the simple words, ‘‘Be Not Not only was he a spiritual leader and war- bishop of Krakow in 1958. He was instru- Afraid’’, John Paul II offered courage to hun- rior for civil rights of universal renown, but he mental to the Vatican Council II deliberations dreds across Eastern Europe to break free was also an intellectual powerhouse. He was in 1962, which encouraged diversity in lan- from the chains of communism. capable of speaking to his people in multiple guage and practice of the Catholic faith in Despite the illness that plagued him in the languages. He wrote volumes on the philoso- order to facilitate the inclusion of laymen in later part of his life, John Paul II never faltered phies of mankind and the virtues of faith. worship while also condemning anti-Semitism in fighting against injustice and in protecting Personally, I have always respected and ad- around the world. The profound respect he en- the most innocent in our society. Indeed, it mired the Pope for his humanitarianism and joyed throughout the Catholic community led was in the Pope’s very public suffering that we empathy for others. He led by example and to his election as Pope after the death of Pope are reminded of the dignity of every human life marked a path of principle and conviction. John Paul I in September 1978, making him from conception until natural death. Mr. During my second meeting in 1987 with the the first Slavic Pope in history. Speaker, today we join together to honor the pontiff, I was humbled to hear his views and Less than a year after being named Pope, life of a true servant of God. While we mourn thoughts on drug eradication and other con- John Paul II returned to his native Poland and Pope John Paul II and are filled with sorrow at temporary issues. For over a half century, he forcefully supported the Polish Solidarity his passing, we also rejoice in knowing that he had implored the international community to movement and opposed communism. His in- has returned home to his Father. think with grace, act with compassion, and be- sistence that no system of government over- Mr. RANGEL. Mr. Speaker, I rise today to have with deep regard and respect for our fel- ride religious beliefs gave hope to people of honor a great man of the Catholic faith and a low man. faith throughout the former Soviet Union that hero to those of all faiths. I was deeply sad- In his many decades of service as the head reforms would take place. The courage and dened to learn of the death of Pope John Paul of the Catholic Church, Pope John Paul II has determination that he displayed in opposition II. I join the millions of people around the done tremendous good for both the Catholic to a world power reflected the strength of his world that have been mourning the loss of this Church and the people of the world. He was convictions and his willingness to stand up to great man and great spiritual and moral leader a man who commanded my sincere respect, an institutional force that challenged the be- who stood firmly for the oppressed, for the and his loss will be felt by me for many, many liefs of the church. downtrodden, and for people of all faiths years to come. Pope John Paul II was a man Pope John Paul II was an indomitable figure around the world. who in death, as in life, was an inspiration and despite increasing infirmities. Though he sur- Pope John Paul II was a great man, and a guide to us all. vived an assassination attempt in 1981, his strong advocate for equality. He spoke out Mr. HINOJOSA. Mr. Speaker, I rise today to health was never quite the same. However, time and time again against discrimination and join my colleagues in expressing my sadness his warmth and compassion shone brightly to injustice in all its forms. He believed in the at the death of the Holy Father, Pope John all who met him and quickly endeared him to ‘‘right to have a family and to have an ade- Paul II. Since 1978, he piously served as the young people around the world. He is said to quately paying job’’ and that everyone should head of the Roman Catholic Church and was have been seen by more people than anyone be able ‘‘to exist, preserve and develop one’s an inspiration to Catholics and non-Catholics else in history, exemplifying his connection to own culture.’’ His compassion for his fellow across the world. ordinary people. He was an unwavering moral man and woman was overtly obvious. It could be said that the Pope was a true leader whose power and appeal derived from Pope John Paul II has spread the word of ‘‘Renaissance Man’’—with a love for literature, the way he lived his life. He demonstrated this God and the gospel to the world. He was the art, and music. Once he entered the priest- when he prayed for his would-be assassin. most traveled Pope in history as he brought hood, his passion for poetry and the written Pope John Paul II was also an intellectual, these ideas across the globe, especially to the word did not wane. He continued writing about a pragmatist, and a scholar who was a de- world’s poorest people on the continents of issues close to his heart, including peace, op- fender of liberty. His charisma and his ability Asia, South America, and Africa. He was the pression and spirituality. to lead were intertwined with his status as the only pope to have visited a Caribbean country Immediately following his inauguration, Pope ‘‘People’s Pope.’’ He forged a bond with peo- and has held mass in a host of Central and John Paul II began traveling the world. He ple of all faiths by projecting his warmth and South American countries. In the last two dec- brought global attention to the communist and compassion beyond his flock. Pope John Paul ades under the Pontiff, the number of Catho- socialist governments of his native Poland and II’s life provided strong moral leadership dur- lics in Africa has doubled and the Pope has other parts of Eastern Europe, and called for ing a pivotal time in history that enabled the visited over a dozen countries on the con- reform and changes. During World War II, he

VerDate Aug 04 2004 01:41 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A06AP7.033 H06PT1 H1816 CONGRESSIONAL RECORD — HOUSE April 6, 2005 saw first-hand the low points of humanity’s tice for the poorest people in the developing lamic countries. Pope John Paul II went to cruelty to one another and throughout his pon- world to the youth he met with throughout his great lengths to encourage religious tolerance. tificate vowed to halt tyranny and hatred. His papacy. I am hopeful that when the young In 1986 the Pope invited a diverse group of 90 peaceful opposition to human rights violations people he touched with his words and actions religious leaders to Assisi, Italy to pray and will always be remembered and will continue become leaders in our world they will continue recognize the role world religions have in pro- to be an inspiration to us all. this message of hope. moting understanding and tolerance. He committed his life to his faith, and was Mr. Speaker, Pope John Paul II taught the An advocate for human rights, peace and instrumental in bringing attention to peace and world many important lessons. He taught us to justice, the Pope was the most traveled pope justice, poverty and disease, and each individ- forgive, to stand up for the rights of all people, in history. He visited over 120 countries in ual’s connection to one another. As a Catholic and how to create change peacefully. He has every continent except Antarctica and met with myself, I admired Pope John Paul II for his de- touched many lives, and will continue to do so a diverse group of World Leaders. Pope John votion to God, his involvement with global even after his passing. As we reflect on his Paul II was the first Pope to meet with the issues, and his ability to bridge gaps between legacy and the spiritual guidance he offered, President of the United States. His commit- the Church and its past. I join millions of oth- may people of faith everywhere take guidance ment to the love of people and the love of his ers in mourning his passing. from the values he instilled in our world. religion transcended political boundaries. In The Holy Father will be missed, but he now Mr. GENE GREEN of Texas. Mr. Speaker, 1998 Pope John Paul II became one of the joins the Father he served so dutifully during I rise today in support of H. Res. 190, which first leaders to visit communist Cuba and meet his life on earth. I urge all of my colleagues to honors the life and achievements of Pope with Fidel Castro. support this resolution and honor this great John Paul II. Pope John Paul II died on April 2, 2005. man. Pope John Paul II was a man of devout Pope John Paul’s II captivating personality Mr. MORAN of Virginia. Mr. Speaker, I rise faith who used his leadership to help the poor, and commitment to the church and humanity to honor the life and legacy of Pope John Paul mediate conflicts around the world, and fight ingratiated him into the hearts of millions of II. His life will serve as an inspiration to all tyranny. As a man who fought both the Nazi people worldwide. The members of the House those who seek to make this a more peace- and the Communist regime in Poland in pur- of Representatives remain mindful of John able and unified world. suit of his own faith, he was a strong advocate Paul’s II message of tolerance, hope, peace, Born in Wadowice, Poland, Karol Wojtyla for religious tolerance and freedom. His life’s and justice. did not know the challenges that life would work is truly inspiring to all of us. Mr. CANTOR. Mr. Speaker, I rise to honor present to him, or that he would confront As the most traveled Pope in history, Pope the life and legacy of Pope John Paul II, who these challenges with great courage. His John Paul II visited more than 120 countries traveled the world for twenty-six years and mother passed away when he was nine years and traveled approximately three quarter of a touched billions of lives. In the countries he old, followed by his brother several years later. million miles. During these visits he worked to visited, he delivered a message of peace and It was during this time that his faith in God bring peace to regions of the world that were reminded the world about the power of love strengthened and he began his journey to- in conflict. He embraced the poor and the op- for all humanity. As the leader of the Catholic wards the papacy. Karol Wojtyla quietly stud- pressed across the world by encouraging us Church, he worked toward the fall of com- ied to become a priest during the Nazi occu- to help those who are less fortunate. munism and spread hope to millions of op- pation of his beloved Poland, and in Novem- His hope for a better world for those who pressed people. One of the most influential ber 1946 he was ordained a priest. had nothing should remind us all as Pope figures of the modern era, this son of Poland During his service as a priest and later as John Paul II said to ‘‘practice mercy heroically taught us to respect human life in all forms. Archbishop of Krakow, Father Wojtyla actively with the lowliest and the most deprived.’’ Pope His legacy will be felt for generations to come. defied the Communist regimes that were at- John Paul II was able to rise above political His actions in life and his strength in death tempting to end religious worship throughout and religious conflict to deliver a message of have inspired people of all faiths. I join with Poland. In 1967, he was made a Cardinal and peace, love, and faith all while promoting billions around the world who mourn the loss on October 16, 1978 he was elected as the equality for all. and celebrate the life of this great man. 264th Pope of the Catholic Church and took Mrs. JONES of Ohio. Mr. Speaker, I rise Mr. NEAL of Massachusetts. Mr. Speaker, I the name Pope John Paul II in honor of the today to recognize one of the most influential was deeply saddened to learn that the Holy three pontiffs who preceded him. Popes in modern history. Pope John Paul II Father, Pope John Paul II, passed away on During his papacy, Pope John Paul II was born Karol Jozef Wojityla on May 18, April 2nd. This extraordinary man touched mil- showed the world the strength of his character 1920 in Wadowice, Poland. lions across the world with his dynamic, coura- that the people of Poland had known for During his childhood the Pope was very ath- geous and compassionate leadership. I know years. In May 1981, he survived an assassina- letic and an exemplary student. He had a pas- that we in the United States join a global com- tion attempt and later met with his would be sion for the outdoors and the theatre. In 1942 munity in mourning this great and blessed assassin and forgave him. This example of he felt a calling to the church. He was or- man. absolution showed the world the true nature of dained a priest at the age of 26. Subse- From his humble beginnings in Poland, this man and the power of faith. quently, he served as Archbishop of Krakow, Pope John Paul II became the first non-Italian Pope John Paul II was instrumental in de- Poland and was appointed a Cardinal. pontiff in 455 years and one of the most be- feating Communist regimes throughout East- On October 16, 1978, Cardinal Wojityla be- loved figures in recent memory to Catholics ern Europe. His support for the Solidarity came Pope John Paul II. He opened the door and non-Catholics alike. The first pope to visit Movement in Poland helped create a domino for future non-Italian Popes as he was the first a synagogue and a mosque, he will be re- effect throughout Europe as people chose de- since Adrian VI in 1522. He was also the first membered as a spiritual leader who worked mocracy over Communism. Pope of Polish ethnicity. tirelessly to bring people of all faiths together. His work to foster ecumenism throughout Pope John Paul II impacted people of all His papacy helped stem the tide of com- the world’s principle religions will also be a ages world wide, especially young people. munism in Poland and Eastern Europe. His part of his lasting legacy. Pope John Paul II Creating World Youth Day in 1986, the Pope ministry on behalf of the poor and the sick is was the first pope to visit the Western Wall in showed his commitment to young people well known by worshipers worldwide. Jerusalem and asked for forgiveness from the worldwide. His hope was to instill the values of One of the most moving moments I’ve ever Jewish people for wrongs the Catholic Church freedom, hope; truth, and justice in youth so experienced was seeing the pope speak to had committed against them. He also reached they could work towards bettering the future of hundreds of thousands of Cubans at an out- out to Muslims and visited with leaders of the humanity. door mass in Havana in 1998. He delivered a Islamic faith. Religious tolerance and acceptance were message of religious tolerance, social justice, As the most traveled Pope in history, John Pope John Paul’s core ideals. He had a pro- and human rights in the country of Fidel Cas- Paul II brought his message of hope to mil- found respect for other religions. During his tro. His powerful presence and words in Revo- lions of people in 129 countries. He was also childhood, he had many Jewish friends and lutionary Square were greeted by thunderous able to make a connection with the youth of expressed a long-standing respect for the applause from the Cuban people. It was a the world that no other Pope had achieved. Jewish faith. He expressed sorrow for historic special event I’ll never forget. He recognized the importance of young peo- hostilities toward Jews and prayed at the During his historic first visit to the United ple to not only continuing the life of the Western Wall in Jerusalem, Judaism’s most States in 1979, the pope famously told the church, but also sustaining the future of our Holy site. John Paul II was also the first Pope crowd in Boston that ‘‘the pope is your friend.’’ world. He championed human rights and jus- to visit a Mosque and visited more than 20 Is- Now we say goodbye to a man of hope, a

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A06AP7.035 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1817 man of faith and a man of dignity. Today we headquarters in Rome and was able to ar- Parish. There was a great joy in Cleveland say goodbye to our friend. May he rest in range for a special visit to the Vatican, includ- when he was chosen Pope. The Polish com- peace. ing attendance at a general Papal audience, munity brought together 10,000 people in Pub- Mr. GONZALEZ. Mr. Speaker, I rise today Judy and I, and about five thousand other per- lic Hall to celebrate in prayer and song. We to join San Antonio and the world in mourning sons. spoke for a few minutes about how the same the passing of Pope John Paul II, a great reli- Minutes before we left the hotel for our Vati- Polish community was instrumental in my gious and humanitarian leader. can tour, I received a call that there had been election as Mayor in 1977. Pope John Paul II was born Karol Jozef a change of plans. Judy and I were to come ‘‘Holy Father, I have a special gift I would Wojtyla on May 18, 1920 in Wadowice, Po- immediately to a certain entrance off St. Pe- like to give you, a Key to the City of Cleve- land. He excelled in school as a brilliant stu- ter’s Square. Just in case I was going to meet land. It was one of the last Keys from my Ad- dent and athlete, gaining a passion for reli- someone I always wanted to meet, I brought ministration. I supposed he received a thou- gion, poetry, and the theatre. with me a ceremonial presentation of a Key of sand like it, but he accepted it and an accom- He was ordained in 1946, assuming priestly the City of Cleveland, although they changed panying certificate graciously as several cam- duties in 1949 as chaplain to university stu- the locks when I left the Mayor’s office. When eras flashed around us. He turned to Judy and dents at Krakow’s St. Florian’s Church. He we arrived, we were greeted by Swiss guards. he thanked her for coming. rose steadily through the church hierarchy, be- Then we were ushered into the large hall Then my life changed. John Paul II put his coming the auxiliary bishop of Krakow in 1958 where the general audience was held. It had hand on my head. He looked into my eyes and was later appointed archbishop of Krakow the air of carnival, colorful, noisy, boisterous. and said in a Polish-accented English I have in January 1964. Slowly we were escorted past one jammed come to know so well in my own neighbor- During this time he made a name for him- pew after another to the front pew, et introibo hood: ‘‘My son, I give you my special bless- self as a formidable theologian and staunch ad altare Dei . . . ing.’’ I felt something at that moment. Whether defender of the Catholic faith as he taught at A priest in a simple black cassock, a former it was a connection with his charisma or the Krakow Seminary and Catholic University resident of Milwaukee, who followed American grace, I felt something, a different energy field, of Lublin. politics, approached smilingly, ‘‘Mayor a buzz, my imagination? A sense of peace? I He was later elevated to cardinal in June Kucinich?’’ I accepted the honorific though it felt something. Later I would mark that bright 1967, and elected as Pope John Paul II on had been thirteen years since I left Cleveland encounter as one when conditions began to October 16, 1978. He proved to be one of the City Hall, concluding my own personal experi- change for the better in my own life. most energetic and hard-working men ever to ence with Manichean struggles with the forces I thanked him in Polish. He smiled. occupy the Papal See, visiting more than 120 of power and light. The years after City Hall He invited us to visit again. Ever the altar countries, delivering more than 2,000 public were, well, different. Except for brief service in boy, as he was about to leave, I offered to him addresses, and issuing a plethora of encyc- City Council, filling an unexpired term, I could a prayer in Latin: ‘‘Emitte lucem tuam et licals and apostolic letters. not win an election to save (or lose) my soul. veritatem tuam.’’ Send forth your light and Pope John Paul II was the third longest ‘‘Yes. We’re very excited to be here,’’ I said. your truth. It was said as an affirmation of his serving pontiff in history, serving for 26 years. The priest, now a personal assistant to the spiritual leadership, his own quest to bring His passing marks the end of one of the long- Pope responded: ‘‘We’re really glad you could peace to the world. est and most widely respected reigns in papal make it.’’ Wait a minute. I waited my whole life He said goodbye. Judy and I were suddenly history. just to get into close proximity to the Pope and alone in the pew. The Audience had ended. A man of the cloth, Pope John Paul II was one of his assistants is telling me he’s glad? There are millions of people the world over also a man of the people. His teachings, spir- ‘‘The Holy Father will be here shortly. There who felt a personal connection to John Paul II. itual guidance, and leadership came from his will be a general audience. Afterwards, people Yet his passing may become significant not for belief in peace and justice and the goodness will file out and then he will come over to talk that aspect of him which died in us, but for of mankind. It was that belief that guided him with you.’’ something within each of us that was reborn as he journeyed around the world reaching out That is the moment I knew I was about to through his life. to people of all faiths. meet Pope John Paul II. I was lost in thought. It was the only time I would ever meet him. He was a world leader and respected Judy feigned panic ‘‘Omigosh,’’ she kept say- I have often thought back to that moment statesman who challenged communism and ing over and over. when he offered me his blessing. advocated democracy, and who always cham- The General Audience is something like Mr. BONNER. Mr. Speaker, the world this pioned the causes of the poor and our great Cleveland’s West Side Market on a Saturday, week suffered an immeasurable loss, and mil- responsibility to them. except many a pilgrims dancing, playing lions of men, women, and children in all cor- Pope John Paul II was a blessing to this music, and singing, while wearing the colorful ners of the globe lost their champion and a world, and though he has left us now, his spir- costumes of their native lands. voice for those who do not have a platform to it, his love, and his lessons should guide us The Pope enters to wild applause. He sits speak for themselves. His Holiness John Paul for a lifetime. on a simple throne and after about an hour II, Bishop of Rome, head of the Catholic Mr. KUCINICH. Mr. Speaker, Rome 1993. I and a half his right hand is supporting his Church, and the spiritual leader of nearly one knew the City. Except for the machine-gun head. I thought how physically demanding it billion people, was a man who made an im- carrying Carbineri at Rome’s Fumicino Airport, was for him. measurable difference in the path taken by the and the cars whizzing by me on the The General Audience ended. The Pope world in the last quarter of the Twentieth Cen- autostrada at 150 kilometers per mile, Rome had brief discussions with a group of clergy. tury and the first part of the Twenty-First Cen- seem strangely familiar. Perhaps it was the He then walked in our direction. He stopped tury. ten years studying Latin, following the exploits and spoke to two other couples. Then he ap- His quiet strength, determination, and belief of Caesar, Veni, Vedi, Vici, except Caesar proached. in the power of non-violent opposition were in- never had to drive his chariots in rush hour. He looked at Judy, and greeted her first. He strumental, along with the efforts of President Nor did anyone dare crowd his style along the then turned to me. ‘‘Is this your wife?’’ he Ronald Reagan and many other leaders Appian Way. Everywhere I looked cars were asked, in English. She wasn’t. Neither of us around the world, in bringing an end to the old bumper on bumper, I did a sidewalk survey were married. I wasn’t going to lie to the communist regimes which had become en- and noticed that about seven of ten cars Pope. Talk about setting yourself up to go to trenched in the capitals of Europe. He was a parked along any given street had body dam- Hell . . . man who had developed an insurmountable age. Rome was very personal like that. My ‘‘A friend, Holy Father.’’ inner strength and faith which, even after the friend Judy and I had come to visit the Eternal He nodded. loss of his entire family during the early years City to study the cradle of our faith. As we ‘‘Holy Father, I come from Cleveland. . . .’’ of his life and the perils he faced under the toured, it became clear that just as Wash- ‘‘Yes, we were talking about you earlier, heel of Nazism and communism, was ington is a monument to Presidents, Rome is about your public service,’’ he said. unshakable. His love and work on behalf of a celebration of the Papacy. ‘‘I remember Cleveland.’’ the Catholic Church and of the people of his Prior to leaving for Rome I had lunch with Indeed the Pope had visited Cleveland, as native Poland—indeed, of men, women, and an old friend, Dr. Robert White, the famed Cardinal Karol Wojtyla, at St. Stanislaus children of all faiths and all walks of life—were neurosurgeon and physician to the Pope. I Church in the Slavic Village Neighborhood. the driving force in his rise to become a told him I was soon going to be visiting Rome. One of his closest friends was John Cardinal bishop and archbishop in Krakow, Poland, and He made a call to his friend at the Jesuit’s Krol, whose family came from St. Stanislaus ultimately his election as pontiff.

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\A06AP7.038 H06PT1 H1818 CONGRESSIONAL RECORD — HOUSE April 6, 2005 I was never fortunate to meet the Holy Fa- In a time when many leaders look to the strongly supported our efforts to host the first- ther myself, but I have met many individuals polls and test political winds for guidance, ever OSCE conferences on the issue of anti- who had such an opportunity. In talking with Pope John Paul II stood unflinching at the Semitism. These conferences produced the them, and in reading the countless reports of center of the most controversial moral debates ‘‘Berlin Declaration,’’ which unambiguously people around the world who were in his pres- of our time, and held firm, while always sup- condemned all forms of anti-Semitism and ence, it is clear to see how truly remarkable porting the sanctity and dignity of human life. committed the members of the OSCE to col- this man was and how moving a meeting with His presence will be sorely missed, but his ac- lect and maintain statistics on anti-Semitic him could be. He was a man of hope, a man complishments will long be relished. crimes and hate crimes, and to promote Holo- of vision, and a man of unceasing faith, and May God bless his soul. caust education and remembrance programs. in his 26-year papacy those qualities were Ms. HARRIS. Mr. Speaker, I rise today in In September of 2004 Archbishop of Balti- shared with peoples and nations around the support of House Resolution 190, which hon- more Cardinal William H. Keeler, who has world in his over 100 trips away from Vatican ors the heroic life and historic pontificate of fought tirelessly to ensure that discrimination City. Pope John Paul the Second. and racism have no place in the public dia- Mr. Speaker, there are many times in life For over a quarter century, John Paul the logue, attended the OSCE’s Conference on where we refer to someone’s character and Second provided powerful, charismatic, and Racism, Xenophobia and Discrimination in manner of living their life as signs that they effective leadership for the world’s one billion Brussels. I hosted a roundtable with Cardinal are a saint. Karol Wojtyla was such a person Catholics. But his legacy will forever reach far Keeler and other religious leaders in Baltimore who may indeed receive sainthood for his beyond the boundaries of faith or nationality. in October 2004 to discuss the conference work—a young man from Poland who early on In the faithful service of God, he confronted and how we can work to prevent racism and dedicated his life to his faith and his church evil and injustice wherever he found them, xenophobia and promote tolerance. I wish and who grew into Pope John Paul II, a man from the Nazism and Communism that gripped Cardinal Keeler well as the cardinals meet in who never lost that dedication and who im- his beloved Poland to the hunger, suffering, a conclave over the next several weeks to pacted countless people around the world. His and poverty that continues to afflict the world. elect a new pope. life and his work will be discussed and, re- He affirmed life through his teachings and Pope John Paul II was an inspiring leader in membered far into the future, and it is my through his example. He lived vigorously and the battle to stamp out religious discrimination hope his life and his leadership serve as an inquisitively—and he confronted suffering and and ensure that all individuals have the free- inspiration for all of us for many years to death with courage and serenity. dom to worship as they desire. Future genera- come. Today, we mourn his passing—while cele- tions must work to promote his legacy, so that Mr. MURTHA. Mr. Speaker, in my esti- brating with thanksgiving the powerful and we may one day live in a world in which no mation, the Pope was instrumental in helping eternal spiritual model he left for us all. individual is denied their inalienable right to to bring down communism. His words in Po- Mr. CARDIN. Mr. Speaker, I rise to express worship as they see fit. land, ‘‘Don’t be afraid,’’ resonated throughout my support for this resolution and my deep re- Mr. LINCOLN DIAZ-BALART of Florida. Mr. the world against tyranny, despotism and in- gret of the recent passing of Pope John Paul Speaker, those of us who have lived in the era justice. II. I also extend my special sympathy to the of Pope John Paul II have had the great privi- Mr. SENSENBRENNER. Mr. Speaker, I rise more than one billion Catholics around the lege during the past twenty-six years of wit- today to commemorate the life of Pope John world and the more than 66 million Catholics nessing the important work of this great lead- Paul II, a moral, political, and religious leader in the United States. er. who helped re-shape the Catholic Church and Pope John Paul II was one of the most sig- John Paul II was an extraordinary theolo- the entire world. nificant leaders of our time. He worked tire- gian, a brilliant statesman who worked cease- The story of a small town boy from Poland, lessly to promote the basic freedoms and lessly for peace and freedom, and a brave who grew up to become one of the longest dignities shared by all humanity. He was in- Polish patriot. He embodied the Christian, serving and most influential Popes in history, strumental in serving as a catalyst for the fall Marian doctrine of love and mercy; millions is an inspiration. He survived the destruction of the Soviet Union and the emancipation of throughout the world have been forever of his homeland first by Nazi invaders, and changed for the better by the life of Pope John millions from totalitarian rule. More broadly, he then by Communist occupiers, despite his Paul II. worked in public and in private to persuade strong commitment to a religion those powers Perhaps his most important accomplishment world leaders to respect their citizens’ basic despised. was lifting the ban on the devotion to the mes- During World War II, Pope John Paul II was human rights. The Pope consistently em- sage of divine mercy as explained by our Sav- forced to attend an underground seminary to braced the poor and the oppressed masses of ior directly to Sister Faustina, and the Pope’s further his religious education, and as a priest the world, and urged governments to take institution of Divine Mercy Sunday by the he needed to be constantly mindful of Po- care of the needs of all its citizens. Church, as well as the canonization of Saint One right of particular importance to John land’s communist regime. Yet, when he was Faustina. Our prayers of gratitude for those Paul II was freedom of worship. Ministering to asked if he feared retribution from the govern- great works of Pope John Paul II accompany Catholic and non-Catholic alike, the Pope took ment, he replied, ‘‘I’m not afraid of them. They our prayers for his eternal rest. are afraid of me.’’ unprecedented steps on behalf of the Catholic Mrs. MALONEY. Mr. Speaker, people Once he became Pope, however, His Holi- Church to promote religious freedom for all around the world of all faiths share a deep ness was able to come to the aid of others citizens, regardless of their particular religious sadness for the passing of His Holiness John fighting for freedom and human rights. His belief. To that end, he became the first Pope Paul II. support for the Solidarity movement in Poland to visit a synagogue and a mosque, and made New York City mourns the loss of John Paul and opposition to communists and dictators numerous public pronouncements committing II with special remembrance and appreciation around the globe remade our world. When he the Vatican to upholding religious tolerance. for the care and attention he showed our city, became Pope in 1978, communism had a As ranking member of the U.S. Helsinki visiting twice as Pope and before that as Car- stranglehold on Eastern Europe and was on Commission, I met John Paul II during a 2003 dinal. the march around the globe. As Pope, he en- trip to the Vatican, and listened to his address I was personally touched and grateful for couraged opposition movements and gave to the Parliamentary Assembly of the Organi- the prayers and blessings he offered to the hope and guidance to millions in their struggle. zation for Security and Cooperation in Europe. victims of the September 11, 2001, terrorist at- Thanks in large part to his leadership, in 2005, In that speech he praised the work of the tacks, their families, and all the rescue and re- at the close of his papacy, communism is con- OSCE to encourage the recognition of reli- covery workers who responded to Ground fined to the dustbin of history, and it is free- gious freedoms among its member nations. Zero after the attacks. dom that is on the march. He observed that maintaining a secular state He met personally with several New York Not only did Pope John Paul II lead political while promoting the ability of individuals to firefighters who had responded to the attacks, change, but he encouraged moral change as worship as they choose in private ‘‘cor- praying for their strength and the health of well. In 1981, when a Turk named Mehmet Ali responds, among other things, to the demands their fellow firefighters, families and fellow Agca shot the Pope twice in an assassination of a healthy pluralism and contributes to the New Yorkers in a dark and difficult hour. attempt, the Pope later went to the cell of the building up of authentic democracy, to which This is just one example of how Pope John man who tried to kill him, and personally for- the OSCE is truly committed.’’ Paul II was always attentive to the needs of gave him. By both preaching and practicing The Pope took historic steps to heal divi- those suffering. forgiveness, Pope John Paul II demonstrated sions between the Catholic Church and other His Holiness John Paul II traveled the world the enormous potential of human kindness. Christian faiths. I was pleased that the Vatican for twenty six years in his Papacy, delivering

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\A06AP7.048 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1819 a consistent message of the need for peace religious faith. He was a giant in the advance- Mr. Speaker, I will always remember meet- and the promise of hope. ment of peace, spirituality and human dignity. ing the Pope in 2003, and, in fact, I have in Through his faith, his words, and his exam- I join the rest of the world in grieving his loss the center of my office wall the picture taken ple in life, Pope John Paul II helped democ- and celebrating his life. of the two of us in the Vatican. As I shook his racies to blossom and greater tolerance to After witnessing two of the greatest evils of hand, I deeply appreciated and admired the flourish across the world. the past century firsthand, Nazism and Com- fact that His Holiness cared not for the color Crowds of thousands will mourn the passing munism, Pope John Paul II made the better- of my skin or my faith. He was a messenger of Pope John Paul II in the days and weeks ment of humanity the centerpiece of his serv- of peace above all. He preached about the ahead. ice both to the church and to the world. Hav- culture of life, the culture of faith, and the I hope that in this time of sadness and re- ing emerged from poverty and oppression to brotherhood of all mankind. He led by exam- flection, we also remember the gifts that John become the first Polish Pope in history, Pope ple and his strength was evident, even in his Paul II brought into the world, celebrating his John Paul II became a beacon of good will. final days. life and his ministry to the world’s greatest Pope John Paul II worked to breakdown I share the Pope’s insistence that peace troubles and needs. barriers between countries, faiths, and people. and compassion can overcome the influence We should keep Pope John Paul II’s actions Among many other profound and of evil in the world. The global community for the betterment of others always in our groundbreaking gestures, this Pope was the must continue to take up this message. Action mind. first to visit a German death camp, visiting is the only way to apply the teachings we ac- He fought for the dignified treatment of all Auschwitz in 1979. There he prayed first at a quire in life, and so I call on all individuals to people, he stood up for the downtrodden, and Hebrew stone and second at a Polish stone. live with compassion for your brothers and sis- he worked to unify the world in common mis- The Pope understood that different people ters, just as the Pope did throughout his life. sions for greater good. saw the world through different lenses but he He will truly be missed. Mr. LEWIS of Kentucky. Mr. Speaker, I rise fought the biases that long characterized the Mr. COSTELLO. Mr. Speaker, I rise today to today to join the millions of people across the pay tribute to Pope John Paul II, a true states- globe paying public, private and prayerful trib- fault lines of differing cultures. He counseled us, ‘‘Peace is not built in mutual ignorance but man and defender of faith. The Pope’s death ute to the life of Pope John Paul II. is truly a loss to the world. Many are the peo- The experiences of Karol Wojtyla’s youth rather in dialogue and encounter. Unity is not uniformity.’’ Pope John Paul II built a culture of ple he touched with his unconquerable quest and priesthood in Poland created a unique for peace and equality. depth of faith and empathy with the human tolerance, openness and understanding. ‘‘Soli- darity helps us to see the other not as an ob- Pope John Paul II brought hope to all cor- condition perfectly suited for the times in ners of the world, to people of all faiths and which he led. Through the early death of his ject of exploitation but as a neighbor in the banquet of life to which all are equally invited,’’ backgrounds, with his powerful belief in the parents, he understood the fragility of life, em- human spirit. I will always remember the powering him with an unshakable devotion to he reminded us. Let me close by capturing a deeply held Pope’s visit to St. Louis in 1999. Having the the preciousness of all humanity. His young opportunity to meet him was a special moment adulthood under Nazi and Soviet occupation conviction of the Pope’s that I have long held dear to my own service as a Member of the in my life, and his visit was one of the great gave him an acute understanding of oppres- moments in our region’s history. He will be re- sion, inspiring him to become the most signifi- United States Congress. The Pope steadily and forcefully worked towards a better future membered as a tremendous spiritual leader cant vessel of peaceful subversion to the and as a force for good in the world, and his for all of mankind and he saw this future em- forces of communism in Eastern Europe and legacy will last a long time. bodied in children. apartheid in South Africa. His intimate expo- He was a man who truly reflected justice He remarked, ‘‘We must all work for a world sure to the holocaust and enduring friendships and the sanctity of life in his teachings, travels in which no child will be deprived of peace with Polish Jews in his community allowed him and way of life. From making landmark trips to and security, of the right to grow up without to become a conduit of contrition and fellow- various parts of the world to strongly uphold- fear and anxiety.’’ The greatest challenge for ship between the Catholic Church and the ing the Christian way of life, I will always in- any generation is to leave behind a better Jewish faith. tensely admire his moral courage and integ- He was one of the most vigorous, char- world for our children. This Pope truly under- rity. ismatic and universally admired religious lead- stood and embraced this challenge. For all of humanity, Pope John Paul II has ers in the history of the modem world. His We will miss Pope John Paul II for his spir- been an inspiration in a troubled world. Mr. travels, visiting 129 countries during his pa- ituality, for his dignity, for his leadership and Speaker, I ask my colleagues to join me in pacy, delivered the Christian message to for his profound humanity. But, much as his support of H. Res. 190 and paying respect every comer of the planet. His many trips, par- faith indicates that his soul will live on eter- and recognition to Pope John Paul II. ticularly to the Third World, illustrated his iden- nally, the impetus and legacy of his principled Mr. HOLT. Mr. Speaker, I rise today to ex- tification with the poor. His prolonged health life will live on eternally here on earth. press my deep sadness at the passing of struggle was a powerful example of dignity Mr. HASTINGS of Florida. Mr. Speaker, I Pope John Paul II and to strongly support H. and spiritual deliverance in the face of human rise today to honor and pay tribute to His Holi- Res. 190. The world has lost a great moral suffering. While on his deathbed he wrote, ‘‘I ness Pope John Paul II, who embodied the leader his Holiness. Pope John Paul II was a am happy, and you should be as well. Let us message of peace and compassion. John man who held profound convictions, displayed pray together with joy.’’ Upon being informed Paul II was a man of God and a missionary enormous compassion, and continuously re- of the masses of young people holding vigil of faith. He led the Catholic Church through an minded us of our common humanity and obli- outside his window, the Pope, who had eventful and revolutionary quarter century in gations to each other. My thoughts and pray- worked so tirelessly advocating for the young, the world, inspiring hundreds of millions of ers are with all those who mourn the passing said: ‘‘I have looked for you. Now you have people in dozens of countries to throw the of this remarkable spiritual voice. come to me. And I thank you.’’ He reportedly yoke of dictatorship and oppression, His Holi- As a young seminarian in 1945, Karol looked out the window and uttered his last ness’ motivation and ethical leadership were Wojtyla came across a small girl who had just word: ‘‘Amen.’’ guiding lights in a time that struggled with been liberated from the Nazi labor camp in The life and times of Pope John Paul II con- darkness. His vision will, very simply, be Czearochowa, Poland. She had boarded a stitute a portrait of greatness seemingly with- missed. passing coal train and rode it until she could out precedent in modernity. Throughout his 26 To be Pope is to not only lead the Catholic no longer stand the cold. That is how she years as Pope, one man, Karol Wojtyla of Church, but to lead the world. Pope John Paul ended up in the train station in the small town Krakow, spread faith, uplifted the poor, chal- II was an ardent protector of global human of Jedrzejows. It was here, sitting alone in the lenged political oppression, worked to heal rights. His stubborn opposition to the world’s corner of the train station in her striped prison centuries-old inter-faith rifts, and inspired bil- dictatorships ushered in profound movements uniform, that Karol Wojtyla discovered her. lions with his quiet grace. His legacy shall en- of change. At the same time, His Holiness She told him that she was trying to get to dure for the ages. also deeply believed in the importance of for- Krakow to find her parents and other family Mr. ISRAEL. Mr. Speaker, I rise today to giveness, as he demonstrated when he for- members. He provided her with food and shel- honor the life of one of the world’s most re- gave his would-be assassin. His courageous ter, and helped her get back to Krakow. Even markable leaders of the past century, Pope efforts to repair the long, tumultuous relation- as a young man, the future John Paul II had John Paul II. ship between the Catholic Church and the the humanity, compassion, and courage to Pope John Paul II was special not only to Jewish people opened a meaningful dialogue help this young girl when others passed her Catholics, but also to those of us outside his that will continue for decades. by.

VerDate Aug 04 2004 02:56 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\A06AP7.041 H06PT1 H1820 CONGRESSIONAL RECORD — HOUSE April 6, 2005 When he became Pope in 1978, his Holi- global turbulence and uncertainty, his words minding them that their faith should be prac- ness took his convictions and moral strength and actions provided an essential moral deter- ticed in all that they do. He then took time to around the world. In more than 200 visits to rent to Communism. comfort the elderly and the sick in our hospital 126 countries over the course of his papacy, Mr. Speaker, the world has been truly who were unable to attend his Mass, blessing Pope John Paul II exhibited charisma and a blessed by the life and legacy of Pope John and encouraging them with his words, ‘‘You set of core beliefs that focused people world- Paul II. I urge all of my colleagues to support are the strongest among all of us, who build wide on the plight of the less fortunate and the this important resolution. the church through your suffering.’’ forgotten. He inspired faith not only in God, Ms. BORDALLO. Mr. Speaker, today I join It was an awesome sight to see children but in ourselves. He articulated a message with fellow Catholics around the world in with their parents and grandparents, religious that every person matters, and every child of mourning the death of the Holy Father, Pope and government leaders, gathered to welcome God has a purpose on Earth. John Paul II. The world has seen the passing the Holy Father, to celebrate Mass and to bid This philosophy was writ large when it came of a great man dedicated to peace throughout him farewell as he departed our island. to world affairs. Just eight months after his in- the world. His actions reflected his preaching His visit marked a turning point for Catholics auguration, Pope John Paul II returned to his of love, healing and forgiveness, advocating in Micronesia. In 1984, three years after his native Poland, still under communist rule, and for peace and reaching out to other faith tradi- visit, the Pontiff honored our island and the reminded the massive crowds—and the au- tions. Despite turmoil and controversy, he held Chamorro people with the elevation of the Dio- thoritarian leaders who oppressed them—of fast to his beliefs, gaining the respect of many cese of Agana to a Metropolitan Archdiocese, their fundamental, God-given human rights. By around the world, even those who did not naming the late Bishop Felixberto C. Flores, supporting the Solidarity movement within Po- agree with him. His teachings will be remem- the first Chamorro Bishop, the first Metropoli- land, he helped to break the back of the au- bered by millions and his influence will guide tan Archbishop of Agana and appointing an- thoritarian communists in Poland and then the world leaders for years to come. other Chamorro, Father Anthony S. Apuron as rest of Western Europe. Pope John Paul II Throughout his ministry, he remained firm in Auxiliary Bishop. A year later, he approved the was a catalyst for change at a key moment in his beliefs, leading by word and deed, fearless creation of the Diocese of Chalan Kanoa in history, and millions of people live more freely in his efforts to spread the Gospel of Christ. the Commonwealth of the Northern Mariana today due to his efforts. He always believed He believed in the inalienable right and dignity Islands and appointed Monsignor Tomas A. in, and never stopped fighting for, a world in of the human person from conception through Camacho, a Chamorro and a native of Saipan, which people were free from tyranny, poverty, the moment of death. He was unafraid to as its first Bishop. Also in 1984, the Holy Father announced and war. shape world events, speaking passionately for On that first visit to Poland in 1979, Pope peace and advocating for human rights. From the beatification of Padre Diego Luis de San John Paul II offered a prayer: ‘‘Spirit,’’ he said his early years during the Nazi occupation of Vitores, the Jesuit priest who brought Christi- ‘‘come and renew the face of the earth.’’ Let Poland where he risked his life to protect Pol- anity to Guam and was later martyred for bap- us renew that prayer today. There is still too ish Jews from persecution to his forgiveness tizing the child of a Chamorro chief. Over two much suffering in this world, too much oppres- of his would-be assassin, he has led by exam- hundred people from Guam went on the pil- sion, poverty and abuses of human rights. His ple, in faith and humility. grimage to Rome to attend the beatification Holiness Pope John Paul II would want us to His steadfast support of the Solidarity move- ceremony. Although he would not return to the island continue doing our best, individually, and col- ment in his homeland of Poland provided hope before his passing, his visit will never be for- lectively, to address these challenges. There and encouragement to the Polish people and gotten. From the street named in his honor, are many lessons he taught to me, so much led to peaceful government reforms that pre- Chalan Santo Papa Juan Pablo Dos, to the to draw from his remarkable life. Above all, let cipitated the collapse of communism in Poland bronze statue erected to commemorate his us remember this: one person can change the and the eventual fall of the Soviet Union, visit, the people of Guam will always remem- world. He showed us that as Pope, yes. But bringing freedom to millions of people. As ber this man of faith and vision who taught us he also showed it in 1945, when he changed these events were unfolding, Pope John Paul ‘‘not to be content to boast of a glorious herit- the world for Edith Zierer. With faith we can II was also reaching out to other parts of the age from the past without turning to the de- renew the face of the earth. With his faith world, using his influence to bring about mands of the present moment.’’ Rather, we Karol Wojtyla changed lives. We have a lot of change. must put our faith into practice each and every work ahead of us, but we need to remember Through his efforts, he helped reduce ten- day, seeking more effective ways to proclaim to start today by extending the hand of human sions between world leaders, advocating for the message of love to all those we meet. kindness to our fellow humans, just as that peace and justice. He sought to heal divisions across the different faith traditions, promoting Pope John Paul II was beloved by Catholics young seminarian did at the end of the Sec- and non-Catholics alike. Through the many ond World War a half century ago for Edith reconciliation and dialogue between members to further understanding and respect for all challenges confronting the Catholic faith and Zierer. the world, Pope John Paul II as the Bishop of Mr. REYES. Mr. Speaker, the citizens of EI people. Rome and Supreme Pastor of the Catholic Paso, Texas join with Catholics and people of Pope John Paul II traveled all over the Church was the rock of the Church and the faith and compassion around the world in ex- world. For millions, his visits would be the only conscience of the world. At his passing, we pressing their profound grief at the death of a opportunity to see a pope in person. Despite mourn the loss of a great person. For Catho- great man, Pope John Paul II. I am grateful to his afflictions of arthritis and Parkinson’s dis- lics, we take comfort in the knowledge that he have the opportunity to join with my col- ease, the Holy Father continued to travel the is at peace with God the Father, His Son, leagues today to give thanks for Pope John world, bringing hope and encouragement to Jesus Christ, and the Holy Spirit in heaven. Paul II’s many contributions to mankind and to the millions still oppressed by tyranny, hunger, On behalf of the people of Guam, ‘‘Adios express our deep sorrow at his passing. disease and despair. A small-town boy from Poland who became Pope John Paul II was especially dear to Santo Papa yan in guiya hao.’’ Mr. HYDE. Mr. Speaker, I yield back the first non-Italian to assume the pontificate the people of Guam. He was the only Pope to visit Guam and he mesmerized our people the balance of my time. in over 400 years, Pope John Paul II ex- The SPEAKER pro tempore. All time with his dignity, kindness and sincerity. From panded the Church and welcomed into its faith for debate has expired. millions of souls around the world. At the his first words upon his arrival, spoken in the Pursuant to the order of the House of same time, he was an unfailing advocate for native Chamorro language, and throughout his Tuesday, April 5, 2005, the resolution is the poor, weak, and vulnerable, a strong voice short visit, his presence brought a spiritual re- considered read and the previous ques- for global peace, and a great champion for the newal to the island’s Catholics, many of whom tion is ordered on the resolution and on sanctity of life. camped overnight in streets and parking lots the preamble. Through his unprecedented travels and near the plaza where he was to say Mass. On The question is on the resolution. many sermons and writings, Pope John Paul February 23, 1981, tens of thousands of peo- The question was taken; and the II awakened in people—from Asia to Africa ple gathered at the Plaza de Espana in Speaker pro tempore announced that and from the former Soviet Union to Latin Agana, Guam, to attend the service and re- the ayes appeared to have it. America—the innate human desire to shake ceive his blessing. The crowd was captivated Mr. HYDE. Mr. Speaker, on that I de- off the yoke of autocracy and social inequity. by this gentle man who spoke passionately of mand the yeas and nays. By the power of his faith and charisma, he his love for God and his love for humanity, The yeas and nays were ordered. empowered the oppressed to seek freedom praising the dedication of Catholics in Guam The SPEAKER pro tempore. Pursu- and demand human rights. Also, at a time of and Micronesia for their faithfulness while re- ant to clause 8 of rule XX, this 15-

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.052 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1821 minute vote on adopting H. Res. 190 Miller (NC) Rahall Sodrel The SPEAKER pro tempore. The Miller, Gary Ramstad Solis will be followed by a 5-minute vote on Miller, George Regula Spratt question is on the motion offered by H. Res. 148. Mollohan Rehberg Stark the gentleman from Minnesota (Mr. The vote was taken by electronic de- Moore (KS) Reichert Stearns GUTKNECHT) that the House suspend Moore (WI) Renzi Strickland the rules and agree to the resolution, vice, and there were—yeas 415, nays 0, Moran (KS) Reyes Stupak not voting 19, as follows: Moran (VA) Reynolds Sullivan H. Res. 148, on which the yeas and nays Murphy Rogers (AL) Sweeney are ordered. [Roll No. 94] Murtha Rogers (KY) Tancredo This will be a 5-minute vote. YEAS—415 Musgrave Rogers (MI) Tanner Myrick Rohrabacher Tauscher The vote was taken by electronic de- Abercrombie Davis (FL) Hulshof Nadler Ros-Lehtinen Taylor (MS) vice, and there were—yeas 409, nays 2, Ackerman Davis (IL) Hunter Neal (MA) Ross Taylor (NC) not voting 23, as follows: Aderholt Davis (KY) Hyde Neugebauer Rothman Terry Akin Davis (TN) Inglis (SC) Ney Roybal-Allard Thomas [Roll No. 95] Alexander Davis, Jo Ann Inslee Northup Royce Thompson (CA) YEAS—409 Allen Davis, Tom Israel Norwood Ruppersberger Thompson (MS) Andrews Deal (GA) Issa Nunes Rush Thornberry Abercrombie Cuellar Hinchey Baca DeFazio Jackson (IL) Nussle Ryan (OH) Tiahrt Ackerman Culberson Hinojosa Bachus DeGette Jackson-Lee Oberstar Ryan (WI) Tiberi Aderholt Cummings Holden Baker Delahunt (TX) Obey Ryun (KS) Tierney Akin Cunningham Holt Baldwin DeLauro Jefferson Olver Sabo Towns Alexander Davis (AL) Honda Barrett (SC) DeLay Jenkins Ortiz Salazar Turner Allen Davis (CA) Hooley Barrow Dent Jindal Osborne Sa´ nchez, Linda Udall (CO) Andrews Davis (FL) Hostettler Bartlett (MD) Diaz-Balart, L. Johnson (CT) Otter T. Udall (NM) Baca Davis (IL) Hoyer Barton (TX) Diaz-Balart, M. Johnson (IL) Owens Sanchez, Loretta Upton Bachus Davis (KY) Hulshof Bass Dicks Johnson, E. B. Oxley Sanders Van Hollen Baker Davis (TN) Hunter Bean Dingell Johnson, Sam Pallone Saxton Vela´ zquez Baldwin Davis, Jo Ann Hyde Beauprez Doggett Jones (NC) Pascrell Schakowsky Visclosky Barrett (SC) Davis, Tom Inglis (SC) Becerra Doolittle Jones (OH) Pastor Schiff Walden (OR) Barrow Deal (GA) Inslee Berkley Doyle Kanjorski Paul Schwartz (PA) Walsh Bartlett (MD) DeFazio Israel Berman Drake Kaptur Payne Schwarz (MI) Wamp Barton (TX) DeGette Issa Berry Dreier Keller Pearce Scott (GA) Wasserman Bass Delahunt Istook Biggert Duncan Kelly Pelosi Scott (VA) Schultz Bean DeLauro Jackson (IL) Bilirakis Edwards Kennedy (MN) Pence Sensenbrenner Watt Beauprez Dent Jackson-Lee Bishop (GA) Ehlers Kennedy (RI) Peterson (MN) Serrano Waxman Becerra Diaz-Balart, L. (TX) Bishop (NY) Emanuel Kildee Peterson (PA) Sessions Weiner Berkley Diaz-Balart, M. Jenkins Bishop (UT) Emerson Kilpatrick (MI) Petri Shadegg Weldon (FL) Berman Dicks Jindal Blackburn Engel Kind Pickering Shaw Weldon (PA) Berry Dingell Johnson (CT) Blumenauer English (PA) King (IA) Pitts Shays Weller Biggert Doggett Johnson (IL) Blunt Eshoo King (NY) Platts Sherman Westmoreland Bilirakis Doolittle Johnson, E. B. Boehlert Etheridge Kirk Poe Sherwood Wexler Bishop (GA) Doyle Johnson, Sam Boehner Evans Kline Pombo Shuster Whitfield Bishop (NY) Drake Jones (OH) Bonilla Everett Knollenberg Pomeroy Simmons Wicker Bishop (UT) Dreier Kanjorski Bonner Farr Kolbe Porter Simpson Wilson (NM) Blackburn Duncan Kaptur Bono Fattah Kucinich Portman Skelton Wilson (SC) Blumenauer Edwards Keller Boozman Feeney Kuhl (NY) Price (GA) Slaughter Wolf Blunt Ehlers Kelly Boren Ferguson LaHood Price (NC) Smith (NJ) Woolsey Boehlert Emanuel Kennedy (MN) Boswell Filner Langevin Pryce (OH) Smith (TX) Wu Boehner Emerson Kennedy (RI) Boucher Fitzpatrick (PA) Lantos Putnam Smith (WA) Wynn Bonilla Engel Kildee Boustany Flake Larsen (WA) Radanovich Snyder Young (AK) Bonner English (PA) Kilpatrick (MI) Boyd Foley Larson (CT) Bono Eshoo Kind Bradley (NH) Ford Latham NOT VOTING—19 Boozman Etheridge King (IA) Brady (PA) Fortenberry LaTourette Baird Hoekstra Rangel Boren Everett King (NY) Brady (TX) Fossella Leach Boswell Farr Kirk Brown (OH) Istook Shimkus Brown (SC) Foxx Lee Boucher Fattah Kline Clyburn Kingston Souder Brown, Corrine Frank (MA) Levin Boustany Feeney Knollenberg Cubin Lynch Waters Brown-Waite, Franks (AZ) Lewis (CA) Forbes Millender- Boyd Ferguson Kolbe Ginny Frelinghuysen Lewis (GA) Watson Bradley (NH) Filner Kucinich Gutierrez McDonald Young (FL) Burgess Gallegly Lewis (KY) Hobson Napolitano Brady (PA) Fitzpatrick (PA) Kuhl (NY) Burton (IN) Garrett (NJ) Linder Brady (TX) Foley LaHood Butterfield Gerlach Lipinski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown (SC) Ford Langevin Buyer Gibbons LoBiondo Brown, Corrine Fortenberry Lantos Calvert Gilchrest Lofgren, Zoe The SPEAKER pro tempore (Mr. Brown-Waite, Fossella Larsen (WA) Camp Gillmor Lowey FOLEY) (during the vote). Members are Ginny Foxx Larson (CT) Cannon Gingrey Lucas advised that there are 2 minutes re- Burgess Frank (MA) Latham Cantor Gohmert Lungren, Daniel maining in this vote. Burton (IN) Franks (AZ) LaTourette Capito Gonzalez E. Butterfield Frelinghuysen Leach Capps Goode Mack b 1551 Buyer Gallegly Lee Capuano Goodlatte Maloney Calvert Garrett (NJ) Levin Cardin Gordon Manzullo So the resolution was agreed to. Camp Gerlach Lewis (CA) Cardoza Granger Marchant The result of the vote was announced Cannon Gibbons Lewis (GA) Carnahan Graves Markey as above recorded. Cantor Gilchrest Lewis (KY) Carson Green (WI) Marshall Capito Gillmor Linder Carter Green, Al Matheson A motion to reconsider was laid on Capps Gingrey Lipinski Case Green, Gene Matsui the table. Capuano Gonzalez LoBiondo Castle Grijalva McCarthy Stated for: Cardin Goode Lofgren, Zoe Chabot Gutknecht McCaul (TX) Cardoza Goodlatte Lowey Chandler Hall McCollum (MN) Mrs. NAPOLITANO. Mr. Speaker, on rollcall Carnahan Gordon Lucas Chocola Harman McCotter No. 94, had I been present, I would have Carson Granger Lungren, Daniel Clay Harris McCrery voted ‘‘yea.’’ Carter Graves E. Cleaver Hart McDermott Mr. ISTOOK. Mr. Speaker, on rollcall No. 94 Case Green (WI) Lynch Coble Hastings (FL) McGovern Castle Green, Al Mack Cole (OK) Hastings (WA) McHenry I was unavoidably detained. Had I been Chabot Green, Gene Maloney Conaway Hayes McHugh present, I would have voted ‘‘yea.’’ Chandler Grijalva Manzullo Hayworth McIntyre Conyers f Chocola Gutknecht Marchant Cooper Hefley McKeon Clay Hall Markey Costa Hensarling McKinney SUPPORTING THE GOALS AND Cleaver Harman Marshall Costello Herger McMorris Coble Harris Matheson Cox Herseth McNulty IDEALS OF FINANCIAL LITERACY Cole (OK) Hart Matsui Cramer Higgins Meehan MONTH Conaway Hastings (FL) McCarthy Crenshaw Hinchey Meek (FL) Conyers Hastings (WA) McCaul (TX) Crowley Hinojosa Meeks (NY) The SPEAKER pro tempore. The Cooper Hayes McCollum (MN) Cuellar Holden Melancon pending business is the question of sus- Costa Hayworth McCotter Culberson Holt Menendez pending the rules and agreeing to the Costello Hefley McCrery Cummings Honda Mica resolution, H. Res. 148. Cox Hensarling McDermott Cunningham Hooley Michaud Cramer Herger McGovern Davis (AL) Hostettler Miller (FL) The Clerk read the title of the resolu- Crenshaw Herseth McHenry Davis (CA) Hoyer Miller (MI) tion. Crowley Higgins McHugh

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.063 H06PT1 H1822 CONGRESSIONAL RECORD — HOUSE April 6, 2005 McIntyre Pombo Smith (NJ) Supporting the goals and ideals of Financial traveling to Rome for the funeral serv- McKeon Pomeroy Smith (TX) McKinney Porter Smith (WA) Literacy Month). ices of His Holiness, Pope John Paul II. McMorris Portman Snyder f Mr. HOYER. Mr. Speaker, I thank McNulty Price (GA) Sodrel the gentleman for his information. Meehan Price (NC) Solis REMOVAL OF NAME OF MEMBER I would ask the majority leader if he Meek (FL) Pryce (OH) Spratt AS COSPONSOR OF H.R. 740 and Meeks (NY) Putnam Stark knows which days we will be consid- Melancon Radanovich Stearns H.R. 742 ering bankruptcy and which day we Menendez Rahall Strickland Mr. PRICE of North Carolina. Mr. will be considering the estate tax bill? Mica Ramstad Stupak I yield to my friend. Michaud Regula Sullivan Speaker, I ask unanimous consent to Miller (FL) Rehberg Sweeney have my name removed as a cosponsor Mr. DELAY. Mr. Speaker, I appre- Miller (MI) Reichert Tancredo of H.R. 740 and 742. My name was mis- ciate the gentleman yielding. We do Miller (NC) Renzi Tanner not know at this point, and we will cer- Miller, Gary Reyes Tauscher takenly added to these bills by the Miller, George Reynolds Taylor (MS) sponsor in place of my colleague, Rep- tainly advise the gentleman when we Mollohan Rogers (AL) Taylor (NC) resentative TOM PRICE. have that. The problem is because of Moore (KS) Rogers (KY) Terry The SPEAKER pro tempore. Is there this shortened week, we have commit- Moore (WI) Rogers (MI) Thomas tees that are marking up next week Moran (KS) Rohrabacher Thompson (CA) objection to the request of the gen- Moran (VA) Ros-Lehtinen Thompson (MS) tleman from North Carolina? that had planned to mark up this week, Murphy Ross Thornberry There was no objection. and we have to try to work out the Murtha Rothman Tiahrt schedule so that we can make it as con- Musgrave Roybal-Allard Tiberi f Myrick Royce Tierney venient for those markups as possible. Nadler Ruppersberger Towns APPOINTMENT OF MEMBERS TO Mr. HOYER. Reclaiming my time, in Napolitano Rush Turner COMMISSION ON CONGRES- any event, both bills will be on the cal- Neal (MA) Ryan (OH) Udall (CO) endar next week? Neugebauer Ryan (WI) Udall (NM) SIONAL MAILING STANDARDS Mr. DELAY. That is correct. The gen- Ney Ryun (KS) Upton The SPEAKER pro tempore. Pursu- tleman is correct. Northup Sabo Van Hollen ant to 2 U.S.C. 501(b), and the order of Norwood Salazar Vela´ zquez Mr. HOYER. Mr. Speaker, with re- Nunes Sa´ nchez, Linda Visclosky the House of January 4, 2005, the Chair spect to the budget resolution which Nussle T. Walden (OR) announces the Speaker’s appointment we have passed, I know the Senate has Oberstar Sanchez, Loretta Walsh of the following Members of the House Obey Sanders Wamp appointed conferees, but we have not Olver Saxton Wasserman to the House Commission on Congres- yet appointed conferees. Does the lead- Ortiz Schakowsky Schultz sional Mailing Standards: er know when we might appoint con- Osborne Schiff Watt Mr. NEY, Ohio, Chairman; Owens Schwartz (PA) Waxman ferees for the budget conference? I Mr. ADERHOLT, Alabama; Oxley Schwarz (MI) Weiner yield to the leader. Mr. SWEENEY, New York; Pallone Scott (GA) Weldon (FL) Mr. DELAY. Mr. Speaker, I appre- Pascrell Scott (VA) Weldon (PA) Ms. MILLENDER-MCDONALD, Cali- ciate the gentleman yielding. Pastor Sensenbrenner Weller fornia; Payne Serrano Westmoreland I am not advised as to when we could Pearce Sessions Wexler Mr. HOLT, New Jersey; go to conference on the budget, pos- Pelosi Shadegg Whitfield Mr. SHERMAN, California. sibly next week. I know the House is Pence Shaw Wicker Peterson (MN) Sherman Wilson (NM) f yet to appoint the conferees, so we Peterson (PA) Sherwood Wilson (SC) have a ways to go before a conference LEGISLATIVE PROGRAM Petri Shuster Wolf report is completed. Pickering Simmons Woolsey (Mr. HOYER asked and was given Pitts Simpson Wu Mr. HOYER. I would ask the major- Platts Skelton Wynn permission to address the House for 1 ity leader, he is confident that we will Poe Slaughter Young (AK) minute.) have a conference? NAYS—2 Mr. HOYER. Mr. Speaker, I take this Mr. DELAY. Mr. Speaker, if the gen- time for the purpose of inquiring about Flake Paul tleman would yield, I am confident the schedule for the coming week. I that we will have a conference. Yes, I NOT VOTING—23 yield to the majority leader, Mr. am very confident. Baird Gutierrez Otter DELAY, for the purposes of informing Mr. HOYER. One additional question. Brown (OH) Hobson Rangel Clyburn Hoekstra Shays us of the schedule. I presume the gentleman from South Cubin Jefferson Shimkus Mr. DELAY. Mr. Speaker, will the Carolina (Mr. SPRATT) will be invited DeLay Jones (NC) Souder gentleman yield? to the conference at some point in Evans Kingston Waters Mr. HOYER. I yield to the gentleman time, along with others? Forbes Millender- Watson Gohmert McDonald Young (FL) from Texas. Mr. DELAY. Mr. Speaker, if the gen- Mr. DELAY. Mr. Speaker, I thank the tleman would yield, the gentleman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gentleman for yielding. The House will from South Carolina (Mr. SPRATT) is a The SPEAKER pro tempore (during convene on Tuesday at 2 p.m. for legis- very good friend of mine, and it would the vote). Members are advised there lative business. We will consider sev- hurt my feelings if we did not invite are 2 minutes remaining in this vote. eral measures under suspension of the the gentleman from South Carolina b 1600 rules; a final list of these bills will be (Mr. SPRATT) to the conference. So (two-thirds having voted in favor sent to the Members’ offices by the end Mr. HOYER. Mr. Speaker, I thank thereof) the rules were suspended and of the week. the gentleman for that assurance. As the resolution was agreed to. Any votes called on these measures the gentleman knows, we have had The result of the vote was announced will be rolled until 6:30 p.m. some problems, at least from our per- as above recorded. On Wednesday and Thursday, the spective, in being included in the con- A motion to reconsider was laid on House will convene at 10 a.m. for legis- ferences from time to time. That is an the table. lative business. We likely will consider important one. f additional legislation under suspension Our citizens are confronting, as my of the rules, as well as S. 256, The colleague knows, very high gas prices, PERSONAL EXPLANATION Bankruptcy Abuse Prevention and Con- $2.20, $2.30, $2.50 in some areas of the Mr. GUTIERREZ. Mr. Speaker, on April 6, sumer Protection Act of 2005. country. I understand that the com- 2005, I was unavoidably absent from this In addition, we also plan to consider mittees of jurisdiction are expected to chamber. I would like the record to show that, H.R. 8, the Death Tax Repeal Perma- be marking up next week or are in the had I been present, I would have voted ‘‘yea’’ nency Act of 2005. process of marking up the energy bill. on rollcall votes 94 (H. Res. 190—Honoring Finally, I would like to remind all Can the gentleman tell me when that the life and achievements of His Holiness Members that we are finished voting bill might be on the floor? Pope John Paul II and expressing profound for the week. We will not be in session Mr. DELAY. Mr. Speaker, if the gen- sorrow on his death) and 95 (H. Res. 148— tomorrow to accommodate Members tleman would yield, the gentleman is

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.055 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1823 correct, and we are all concerned about ‘‘Sloppy Socks Scandal’’ here on the winning their first NCAA title. With a final the higher gas prices and as important floor. At that time, many of the lib- record of 32–3, the Lady Bears have risen to as that is to higher prices of oil and erals here in Washington said that the the challenge and have represented the Big gas. We have been trying to pass or get former Clinton national security aide Twelve Conference and the State of Texas to the President an energy bill for al- had done nothing wrong, that he had with pride. The Lady Bears completed their most 5 years or 6 years. We have an ex- not stolen Top Secret documents re- magical season last night in Championship cellent chance of actually getting a bill garding the Clinton’s administration game by beating Michigan State 84–62. to the President this year. terrorism policies. The Lady Bears are a tremendous team that We have had three committees sched- Well, today we know the truth. play as one unit and are led by seniors Chel- uled to mark up components of the en- Sandy Berger did indeed steal and de- sea Whitaker and Steffanie Blackmon. I at- ergy bill this week, the Committee on stroy Top Secret documents. In fact, it tended the Lady Bears’ 68–57 victory over Energy and Commerce, the Committee is such a clear case of theft and such a LSU in the Final Four game on Sunday and on Ways and Means, and the Com- disturbing crime against this Nation was particularly excited for junior forward So- mittee on Resources, but due to the that Mr. Berger has pled guilty to tak- phia Young, who scored 21 points in the shortened week, only one of those was ing classified material. He has pled game, and was named the Tempe Regionals’ able to begin their markup. I hope, and guilty to taking classified materials. MVP earlier in the tournament. She scored a we are going to work very hard, and I The punishment does not fit the game high 26 points in the Championship expect that all three of those commit- crime. I was stunned to learn that for Game, once again rising to the occasion. As tees will complete their markups next stealing national secrets and for put- a Member of the House Immigration Sub- week, and we will be able to have a ting his own interests and that of the committee, I was able to help bring Miss Young’s mother, Annie Christopher, from St. comprehensive energy bill on the floor Clinton administration above Amer- Vincent, West Indies to see her daughter play hopefully by the following week. ica’s war on terrorism, that he will collegiate basketball for the first time. Sophia Mr. HOYER. Mr. Speaker, I thank simply have to pay a $10,000 fine and is a very talented basketball player and I am the gentleman for that information. relinquish his security clearance for 3 glad that she was able to take her place as a years. This is outrageous. f member of the Baylor basketball team through Those of us who are shocked by this the U.S. Immigration program. We as a nation ADJOURNMENT FROM WEDNES- outcome will be watching to be sure embrace talent such as Sophia’s athletic gifts DAY, APRIL 6, 2005, TO FRIDAY, that no future Democratic administra- APRIL 8, 2005 and we recognize the value of reuniting fami- tion ever gives Mr. Berger a job in the lies for important moments. After Baylor’s lat- Mr. DELAY. Mr. Speaker, I ask unan- national security arena again. est victory when Sophia was able to hug her imous consent that when the House ad- f mother in the stands, you could see that this journs today, it adjourn to meet at 10 PERSONAL EXPLANATION is the real face of immigration. a.m. on Friday, April 8, 2005. I also want to congratulate Coach Kim Ms. JACKSON-LEE of Texas. Mr. The SPEAKER pro tempore (Mr. Mulkey-Robertson on her great achievements Speaker, I would like to indicate on DANIEL E. LUNGREN of California). Is at Baylor. Last night she became the first there objection to the request of the rollcall votes that I missed yesterday, I women’s coach to win a championship as a gentleman from Texas? would have voted ‘‘aye’’ on rollcall player and coach. She truly deserves all the There was no objection. vote No. 91; I would have voted ‘‘aye’’ credit she receives for the job she has done on rollcall vote No. 92; I would have f with this talented team. In 2000, she inherited voted ‘‘aye’’ on rollcall vote No. 93. I a program that went 7–20 the previous season ADJOURNMENT FROM FRIDAY, was not present because I was unavoid- and in her very first season she guided the APRIL 8, 2005, TO TUESDAY, ably detained on official business in Lady Bears to a 21–9 record and last year APRIL 12, 2005 my district. took Baylor to the Sweet 16. This year the Mr. DELAY. Mr. Speaker, I ask unan- f Lady Bears finished their season having won imous consent that when the House ad- CONGRATULATING THE BAYLOR 20 straight games, the longest such streak in journs on Friday, April 8, 2005, that it LADY BEARS ON WINNING THE college basketball this year. adjourn to meet at 12:30 p.m. on Tues- WOMEN’S NCAA NATIONAL BAS- I am confident that the great fans of Baylor day, April 12, 2005, for morning hour de- KETBALL CHAMPIONSHIP helped carry the Lady Bears to victory bate. throughout the year. This team wasn’t the fa- (Ms. JACKSON-LEE of Texas asked vorite to win the championship when the sea- The SPEAKER pro tempore. Is there and was given permission to address objection to the request of the gen- son began and even throughout the Tour- the House for 1 minute.) nament they were considered the underdog, tleman from Texas? Ms. JACKSON-LEE of Texas. Mr. There was no objection. but they never gave up believing in them- Speaker, what more can I say about selves and in this team. They became only the f those Baylor Lady Bears, Baylor as fourth team in the history of both men’s and good as green and gold. All of us from DISPENSING WITH CALENDAR women’s NCAA basketball to beat three No.1 the State of Texas applaud the Baylor WEDNESDAY BUSINESS ON seeds en route to national title. This team has Bears and their coaches. WEDNESDAY NEXT withstood great challenges, both mental and Mr. Speaker, I will quickly call off physical to reach the pinnacle of women’s col- Mr. DELAY. Mr. Speaker, I ask unan- the roll: Number 45, Steffanie lege basketball. This team played with pride imous consent that the business in Blackmon; No. 24, Tiffanie Blackmon; and determination and they deserved to finish order under the Calendar Wednesday No. 22, Jordan Davis; No. 5, Chanelle their season with a victory. With that said, let rule be dispensed with on Wednesday Fox; No. 25, Melanie Hamerly; No. 1, me congratulate each player and coach of the next. Monique Jones; No. 13, Victoria Jones; 2005 Baylor Women’s Basketball Team: The SPEAKER pro tempore. Is there No. 51, Emily Niemann; No. 4, Chisa 45 Steffanie Blackmon P 6–2 SR–3L Dallas, objection to the request of the gen- Onoiwu; No. 21, Chameka Scott; No. 20, Texas/Rowlett; 24 Tiffanie Blackmon P 6–0 tleman from Texas? Angela Tisdale; No. 35, Abiola Wabara; SR–3L Dallas, Texas/Rowlett; 22 Jordan There was no objection. No. 2, Chelsea Whitaker; No. 12, Latoya Davis G 5–9 RS JR–2L Celina, Texas/Celina f Wyatt; No. 33, Sophia Young; coaches High School; 5 Chanelle Fox G 5–11 RS JR– Kim Mulkey-Robertson, Bill Brock, 2L Houston, Texas/Westfield; 25 Melanie SANDY BERGER AND THE Johnny Derrick, Jennifer Roberts and Hamerly P 6–5 SR–3L Orange, Texas/Little ‘‘SLOPPY SOCKS SCANDAL’’ Mike Snaufer. Cypress-Mauriceville; 1 Monique Jones G 5–9 (Mrs. BLACKBURN asked and was Congratulations to all of them, and SO–1L Ferriday, La./Ferriday; 13 Victoria given permission to address the House we are looking forward to seeing them Jones G 5–4 FR–HS San Marcos, Texas/San for 1 minute and to revise and extend in Houston, Texas, to be able to honor Marcos HS; 51 Emily Niemann F 6–1 SO–1L her remarks.) them. Houston, Texas/Westbury Christian; 4 Chisa Mrs. BLACKBURN. Mr. Speaker, in Mr. Speaker, I rise today to congratulate the Ononiwu G 5–7 FR–HS Houston, Texas/West- July 2004, I addressed the Sandy Berger Baylor University Women’s Basketball team on field HS; 21 Chameka Scott G 6–0 JR–2L

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\K06AP7.068 H06PT1 H1824 CONGRESSIONAL RECORD — HOUSE April 6, 2005 Friendswood, Texas/Clear Brook; 20 Angela As President Ruben Arminana of ative judges overruling their legisla- Tisdale G 5–5 FR–HS Austin, Texas/Del Valle, Sonoma State so aptly noted when tion? HS; 35 Abiola Wabara F 6–0 RS SO–1L commenting on Lynn’s skills in diplo- The Schiavo bill was very narrowly Parma, Italy/Liceo Scientifico Marconi; 2 Chel- macy and administration, he said, drawn to apply to just that case at the sea Whitaker G 5–9 RS SR–2L Dallas, Texas/ ‘‘She makes possible the impossible. request or insistence of more liberal Skyline/Virginia; 12 Latoya Wyatt G 5–7 SO– She is loved and admired by faculty, Members of both the House and Senate. TR Fort Worth, Texas/L.D. Bell HS/McLennan staff, administrators and members of b 1615 CC; and 33 Sophia Young F 6–1 JR–2L St. the community.’’ Vincent, West Indies/Evangel Christian Acad- Mr. Speaker, I have greatly enjoyed Then some liberals in the media, in emy. working with Lynn McIntyre at Congress, and in the courts criticized Coaches: Kim Mulkey-Robertson—Head Sonoma State University. Although the bill as being too narrowly drawn. Coach; Bill Brock—Associate Head Coach; her outstanding efforts will be missed, One judge, showing great arrogance, Johnny Derrick—Assistant Coach; Jennifer I know that she will stay involved in even scolded the Congress for acting, Roberts—Assistant Coach; Mike Snaufer— university affairs and in important issuing a bitter non-judicial type of an Graduate Assistant. education issues in our community. I opinion. 1 f wish her luck in retirement and look I served for 7 ⁄2 years as a circuit court or State trial court judge in Ten- SPECIAL ORDERS forward to seeing her in other capac- ities. nessee. I have great respect for the The SPEAKER pro tempore. Under legal profession and the judiciary. the Speaker’s announced policy of Jan- f When I attended George Washington uary 4, 2005, and under a previous order The SPEAKER pro tempore. Under a University’s law school in the early of the House, the following Members previous order of the House, the gen- 1970s, I took a course in legislative law. will be recognized for 5 minutes each. tleman from Minnesota (Mr. GUT- We were taught then that the courts f KNECHT) is recognized for 5 minutes. were not legislatures. They were not to (Mr. GUTKNECHT addressed the HONORING LYNN McINTYRE be political bodies, and they were to House. His remarks will appear here- give great deference to the actions of The SPEAKER pro tempore. Under a after in the Extensions of Remarks.) the Congress and the State legisla- previous order of the House, the gentle- f tures. woman from California (Ms. WOOLSEY) In fact, we were taught, through a EXCHANGE OF SPECIAL ORDER is recognized for 5 minutes. great amount of case law, that the pri- Ms. WOOLSEY. Mr. Speaker, I rise TIME mary role of the courts was to try to today to honor Lynn McIntyre, who is Mr. DUNCAN. Mr. Speaker, I ask determine legislative intent, not to retiring as vice president for university unanimous consent to assume the time try, whenever possible, to overrule it affairs at Sonoma State University in of the gentleman from Minnesota (Mr. anytime judges might disagree for per- Rohnert Park, California. Rohnert GUTKNECHT). sonal and/or political reasons. Park is located 40 miles north of San The SPEAKER pro tempore. Is there The intent of the Congress was clear Francisco, across the Golden Gate objection to the request of the gen- in the Schiavo case, with the bill pass- Bridge in Sonoma County. tleman from Tennessee? In her position as vice president, ing the House 203 to 58 with strong sup- There was no objection. Lynn has demonstrated great skill and port from both bodies and by unani- diplomacy in overseeing public media f mous agreement in the Senate. Are we now to have some type of judicial dic- and government relations, university JUDICIAL POWER GRAB publications and university policies, tatorship? and several special projects of interest The SPEAKER pro tempore. Under a Thomas Jefferson, in a letter written to the university. She is a valued mem- previous order of the House, the gen- in September of 1820, said this, re- ber of the university president’s cabi- tleman from Tennessee (Mr. DUNCAN) is sponding to the arguments that Fed- net, advising him on management deci- recognized for 5 minutes. eral judges should be the final inter- sions. Mr. DUNCAN. Mr. Speaker, regard- preters of the Constitution: ‘‘You seem Lynn has had a diverse and varied ca- less of how one feels about the Terri to consider the Federal judges as the reer in education and banking. She has Schiavo case, and regardless of whether ultimate arbiters of all constitutional worked in Somalia. She has served in one is a liberal or a conservative, ev- questions, a very dangerous doctrine, the Peace Corps in India. She has been eryone should be concerned that the ju- indeed, and one which would place us a secondary schoolteacher in California diciary seems to be setting itself up as under the despotism of an oligarchy. and an administrator at Boston Uni- a type of superlegislature. Our judges are as honest as other men, versity, as well as vice president at Our Founding Fathers clearly did not and not more so. They have with others both Security Pacific Bank and First mean for the judicial branch to be su- the same passions for the party, for Interstate Bank in Los Angeles. In this perior to or more powerful than the power, and the privilege of the corps. capacity she provided financial serv- legislative and executive branches. Their power is the more dangerous, as ices to Fortune 500 and other compa- A Member of the other body, former they are in office for life and not re- nies in California and throughout the State supreme court justice, the gen- sponsible, as the other functionaries South and the West. tleman from Texas (Mr. CORNYN), made are, to the elective control. The Con- Raised on family farms in the central some very serious charges on the floor stitution has erected no such single tri- valley of California, Lynn received BA of the Senate Monday. He said, ‘‘It bunal.’’ A quote from Thomas Jeffer- and MA degrees from the University of causes a lot of people great distress to son. California, Berkeley, and an MBA de- see judges use the authority they have Alexander Hamilton, writing many gree from Simmons College in Boston. been given to make raw political or years ago in Federalist Paper No. 81, She also studied in Vienna, Austria. ideological decisions.’’ said: ‘‘To avoid all inconveniences, it As a board member of Goodwill In- He added that ‘‘sometimes the Su- will be safest to declare generally that dustries of the Redwood Empire, and a preme Court has taken on this role as the Supreme Court shall possess appel- member of the Sonoma County Busi- a policymaker rather than an enforcer late jurisdictions that shall be subject ness Education Roundtable, Lynn stays of political decisions made by elected to such exceptions and regulations as active in community affairs. representatives of the people.’’ the national legislature may prescribe. She and her husband Jerry own a The reason people on both sides of This will enable the government to vineyard in Sonoma County, selling the political spectrum should be con- modify this in such a manner as will pinot noir and merlot grapes to promi- cerned about this judicial power grab is best answer the ends of public justice nent wineries. As a hobby, they also that the political pendulum swings. and security.’’ make their own wine under the private Sometimes conservatives control legis- All judges are elected or appointed label of Starr Creek Vineyard. I have lative bodies; sometimes liberals do. through a political process, yet many tasted it. It is delicious. Would liberals someday want conserv- do not like to admit this either to

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.045 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1825 themselves or to others. So they some- civic duty, John ran for and was elect- hereafter in the Extensions of Re- times go to extremes and bend over ed to the Wisconsin State Assembly in marks.) backwards to prove how nonpolitical 1986, where he served for the next 16 f they are. They leap at the opportunity years. The SPEAKER pro tempore. Under a to rule against a political defendant or From 1993 to 1996, he worked for U.S. previous order of the House, the gen- show their power by overturning a po- Senator RUSS FEINGOLD as his western tleman from Oregon (Mr. DEFAZIO) is litical decision by Congress or some Wisconsin regional coordinator, and in recognized for 5 minutes. other legislative body. 1996 he ran for and was elected mayor (Mr. DEFAZIO addressed the House. Federal judges in particular are not of La Crosse. During his tenure as His remarks will appear hereafter in only unelected; they are, as a practical mayor, he continually advocated for the Extensions of Remarks.) social justice on behalf of the hard- matter, almost totally unaccountable. f Thus they have very great power, working families in western Wisconsin. which is very easy to abuse. For most His contributions and dedication to the IN MEMORY OF MARINE LANCE of the history of this country, Federal community made him an excellent CORPORAL WESLEY JOEL CAN- judges exercised this power with great mentor, and our area has been well NING restraint, giving great deference to leg- served by his leadership. The SPEAKER pro tempore. Under a islative bodies. For many years now, I have known John for many years previous order of the House, the gen- however, we have had far too many and have admired his thoughtfulness, tleman from Texas (Mr. POE) is recog- judges who have lost their humility idealism, unwavering principles, and nized for 5 minutes. and have not shown this same re- ability to reach across party lines to Mr. POE. Mr. Speaker, ‘‘I don’t do it straint. In the process of trying to create good public policy. As mayor, he for the money, I don’t do it for the show how nonpolitical and above poli- was always honest and never hesitated glory. Providing for our future is my tics they are, they have ironically be- to tell you when he thought you were responsibility. I can’t call in sick on come more political than ever before. wrong. Likewise, he was the first to Mondays when the weekend has been This has become so common that embrace a good idea and work to put a too strong. I just work straight now a majority of people in this coun- plan into action. through the holidays and sometimes Lastly, I commend John for his tire- try have become upset with govern- all night long. You can bet that I stand less work to encourage and welcome ment by the Judiciary instead of by co- ready when the wolf growls at the door. greater racial diversity, which has equal legislative and executive bodies. I am solid, I am steady, I am true down made the La Crosse area a special place We are going down a dangerous path, to the core.’’ to live and raise a family. Mr. Speaker, and one that was clearly This is taken from Toby Keith’s John exemplifies all that is good, not intended by our Founding Fathers ‘‘American Soldier.’’ And, Mr. Speaker, noble, and decent in public service. He or the Constitution they gave us. I rise today in honor of a young Amer- believes in our representative democ- We are supposed to have a govern- ican Marine from a tranquil town in racy, and he made himself approach- ment of, by, and for the people, not one southeast Texas of approximately able and accessible to anyone who that ignores clear legislative intent 34,000 people, Marine Lance Corporal wanted to share their thoughts with and becomes one that is only of, by, Wesley Joel Canning, who died val- him, whether it was when he showed up and for the courts and of, by, and for iantly serving our country and our Na- on their doorstep during the course of very political and power-hungry tion in Iraq. He was assigned to the 2nd his many campaigns or during his time judges. Assault Amphibian Battalion, 2nd Ma- in office. rine Division, II Marine Expeditionary f Both John and his wife, Dee, have Force based at Camp Lejeune, North The SPEAKER pro tempore (Mr. sacrificed greatly to live a life of public Carolina. DANIEL E. LUNGREN of California). service. If anyone deserves a break Lance Corporal Canning, in just 21 Under a previous order of the House, from the public spotlight, they do. Al- short years, had already exhibited a the gentleman from New Jersey (Mr. though John Medinger is retiring from lifetime of courage and boldness. He PALLONE) is recognized for 5 minutes. the mayoral position, his advocacy and was killed in combat on November 10, (Mr. PALLONE addressed the House. community work will leave a lasting 2004, in Al Anbar Province, Iraq, during His remarks will appear hereafter in legacy on the La Crosse community, the successful American offensive the Extensions of Remarks.) and the area will continue to benefit against the insurgent enemy in f from all that he has done. Fallujah. I want to thank him for his hard He was a native of Friendswood, TRIBUTE TO MAYOR JOHN work and dedication, and I wish Dee Texas. Wes, as he was called by his MEDINGER and John the best of luck in their fu- friends and family, graduated from The SPEAKER pro tempore. Under a ture endeavors. Friendswood High School in 2002 and previous order of the House, the gen- f left for boot camp in July, just 2 tleman from Wisconsin (Mr. KIND) is The SPEAKER pro tempore. Under a months after his graduation. Resolute recognized for 5 minutes. previous order of the House, the gen- about becoming a Marine since his jun- Mr. KIND. Mr. Speaker, I rise today tleman from Louisiana (Mr. BOUSTANY) ior year, he had approached his parents to pay tribute to John Medinger upon is recognized for 5 minutes. with the idea. His father, Joe Canning, his retirement as mayor of La Crosse, (Mr. BOUSTANY addressed the recalls their hesitations: ‘‘He decided Wisconsin. Involved in local politics House. His remarks will appear here- he wanted to become a Marine,’’ his fa- since 1976, John is a dedicated public after in the Extensions of Remarks.) ther said. ‘‘Spend 20 years in the serv- servant and a good friend. I will miss f ice and pursue a career in the criminal his leadership as mayor, but I am con- The SPEAKER pro tempore. Under a justice system. I tried my best to talk fident he will remain active in our previous order of the House, the gen- him out of it, telling him to go and get community and influential in improv- tleman from California (Mr. SCHIFF) is a good education, but he was hooked on ing the quality of life in western Wis- recognized for 5 minutes. becoming a Marine. And after doing ev- consin. (Mr. SCHIFF addressed the House. erything I asked him to do, talking to Born and raised in La Crosse, Mayor His remarks will appear hereafter in recruiters from the other branches of Medinger and his family have always the Extensions of Remarks.) service and friends and relatives who been active in local politics and have f had served, he seemed more convinced contributed immensely to the growth The SPEAKER pro tempore. Under a than ever that the Marines was abso- and development of our community. previous order of the House, the gen- lutely the right thing for him to do.’’ His father, Don, a good union member, tleman from Indiana (Mr. BURTON) is In the end, ‘‘His mom and I gave him served on the La Crosse City Council recognized for 5 minutes. our blessing.’’ and was well-respected throughout the (Mr. BURTON of Indiana addressed The devastating terrorist attack on area. Following his father’s example of the House. His remarks will appear September 11, which occurred before he

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.073 H06PT1 H1826 CONGRESSIONAL RECORD — HOUSE April 6, 2005 ever graduated from high school, fur- Marine Corps Reserve Unit in Gal- American people can now call the ther fueled this desire. According to his veston, Texas, a unit like the one Baylor University women’s basketball mother, Jo Ellen Canning, ‘‘9/11 didn’t Lance Corporal Canning was a part of, team. Last night the Baylor Lady deter his efforts. He wanted all the his death constituted the first time it Bears convincingly won the national more to go and protect his country.’’ had to bring home one of its own flag- championship by beating a talented He graduated from the Marine Corps draped caskets, the flag that was pre- Michigan State team 84–62. It is the Recruit Depot in San Diego. He stead- sented to Chayla, in addition to the second largest margin in a NCAA wom- fastly pursued a post that would allow Purple Heart Lance Corporal Canning en’s basketball final. It is the first Big him to see action. Open for deployment was awarded. When asked by a reporter 12 team, men or women’s, to win a na- in Iraq, he stayed at Camp Pendleton if she deemed her son a hero, Mrs. Can- tional basketball championship. in California rather than accept an- ning swiftly replied, ‘‘He’s always been The Baylor Bears were one of only other assignment. a hero.’’ four teams in NCAA history, men or In mid-March of 2003, with the com- Today, in Operation Iraqi Freedom, women’s, to beat three number one mencement of Operation Iraqi Free- the United States Marine Corps alone teams in the Final 16. That accom- dom, Lance Corporal Canning’s wish has lost 49 Texans in combat-related plishment is impressive in and of itself, came true. ‘‘He went to the front lines casualties. While our military cannot but what is incredible is just 5 years at the beginning of the war. There was replace individuals of exceptional char- ago the Baylor Bears basketball team not much telephone contact, so we acter like Lance Corporal Canning, I was at the bottom of the Big 12. watched TV the whole time until he believe his service will provide a ster- Mr. Speaker, the important message made it home,’’ Mrs. Canning recounts. ling example for the men and women of this great American success story is In a letter to his parents that month, who carry forward his tenacious fight that the values of hard work, deter- he described going in with the initial against terror, tyranny, and treachery. mination and teamwork truly make a push and penetrating Baghdad. In fact, Mr. Speaker, just this last difference. He then returned to Texas after com- week, April 1, which would have been A key part of that team is Coach Kim pleting his first of ultimately two Lance Corporal Canning’s 22nd birth- Mulkey-Robertson, who became coach tours he volunteered for in Iraq. He day, marked another momentous occa- at Baylor just 5 years ago, taking over excitedly did two things that, as his sion, his best friend, Jason Powell, a program with a losing season and at dad told me, ‘‘they advise the boys not graduated from the United States Ma- the bottom of the Big 12 ladder. Coach to do.’’ He trekked out to Lone Star rine Corps Depot that had christened Mulkey-Robertson would be the first to Ford, bought a new little black pickup Lance Corporal Canning. give credit to her tremendous and in- truck, so he could show his band of Ma- Lance Corporal Canning, as LeAnn spired players on the Baylor team, but rine brothers back at the base in North Womack said, achieved ‘‘something, she also deserves credit for bringing Carolina his proudly displayed bumper something worth leaving behind.’’ He out that inspiration, and for teaching sticker, ‘‘Don’t Mess With Texas.’’ He has touched other lives and inspired a those students to be their best and also wedded his sweetheart from Fort fellow man to carry the torch and leg- then to even be better. Collins, Chayla. acy of the Corps. Moreover, Lance Cor- I congratulate Coach Mulkey-Robert- Married just 11 months, and only 11 poral Canning helped establish a de- son for being the first woman in NCAA months, he was once again deployed in mocracy in Iraq, this historic start basketball history to be a player on a September of 2004 to Iraq, where he was which I was privileged to observe on national basketball championship looking forward to participating in the January 30 in a land far, far away. team and then to be the coach of a na- training of Iraqi soldiers and police. I believe if today we could hear from tional championship team. I believe all Now he is a husband, a family man, and Lance Corporal Canning himself, as a Americans can be proud not only of the he decided to serve 4 years, go back to member once and always of the United victory on the basketball court, but school, and build a life with his new States Marines, as a member of the few the values reflected in that victory. bride, Chayla, who, in spite of the obvi- and the proud, he would resonate the Hard work, determination, and team- ous strain, loved being a Marine wife. remainder of Toby Keith’s American work truly make a difference. She said, ‘‘Wes wanted to protect our Soldier: ‘‘And I will always do my duty f family so our little brothers wouldn’t no matter what the price. I have count- have to. He was very protective of ev- ed up the cost, I know the sacrifice. I WELCOMING 2ND BATTALION erybody.’’ don’t want to die for you but if dying is HOME Two months after being deployed to asked of me, I will bear that cross with The SPEAKER pro tempore. Under a Iraq for a second tour, he left the fol- honor ’cause freedom don’t come free. I previous order of the House, the gen- lowing voice mail message for his fa- am out here on the front line. Sleep in tleman from Illinois (Mr. KIRK) is rec- ther, who could not answer the phone peace tonight. I am an American sol- ognized for 5 minutes. because he was working on an offshore dier, an American, an American Sol- Mr. KIRK. Mr. Speaker, more than oil rig: ‘‘Hey, Dad, it’s me. I love you dier.’’ 400 Marines serving with the 2nd Bat- and miss you. We’re still over here.’’ So, Mr. Speaker, we extend our talion of the 24th Marine Regiment will Two days later, Lance Corporal Can- prayers, our condolences to his par- be arriving home in Chicago on April 9, ning was killed in action precisely on ents, relatives, fellow students at 2005, concluding their 9-month deploy- the 229th birthday of the United States Friendswood High School in Texas, and ment in support of Operation Iraqi Marine Corps, November 10, 2004. his beloved wife. May this American Freedom with a hero’s welcome at the Myrlene Kennedy, the principal of hero’s devotion to his country continue Allstate Arena. Many organizations, Wes’s high school, recalls, ‘‘He was to kindle our dreams and ambitions as businesses, and families affiliated with kind to students and adults alike. He a free and independent people. the 2nd Battalion will come together to had a quick smile, a captivating per- So Semper Fi, Lance Corporal Can- show their support, appreciation to sonality, and that allowed him to have ning. Semper Fi. these citizen soldiers who served their many friends.’’ Wes’s teachers said, f country by championing the cause of ‘‘He knew pretty much what he wanted b 1630 freedom in Iraq. to do. Following his ambition, he The 2nd Battalion of the 21st Marine joined the United States Marine Corps BAYLOR SCORES NATIONAL Regiment was activated on June 1, after graduation in 2002. He began that CHAMPIONSHIP 2004, to support Operation Iraqi Free- journey he dreamed of and talked The SPEAKER pro tempore (Mr. dom. The mobilization brought to- about with teachers and friends. He DANIEL E. LUNGREN of California). gether the Headquarters, Echo, and loved wearing his Marine Corps T-shirt Under a previous order of the House, Weapons Companies, forming the bat- to class his senior year.’’ the gentleman from Texas (Mr. ED- talion. The unit deployed to Iraq in Wes’s philosophy was written in his WARDS) is recognized for 5 minutes. September 2004 and began conducting own high school yearbook: ‘‘Every- Mr. EDWARDS. Mr. Speaker, na- support and security operations in thing happens for a reason.’’ For the tional champions, that is what the northern Babil Province, Iraq.

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.080 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1827 These dedicated marines operated people in my district for their pseudo-Nazi and Born in Poland in 1920, Karol Wojtyla out of an abandoned chicken processing Tuskeegee-like studies to determine what pes- secretly studied theology during the plant many described as resembling a ticides do to infants and toddlers in Duval Nazi occupation, and then became a police station. Their formula for suc- County Florida. leader in the opposition to communism cess was to blend their superb military In October, the EPA received $2.1 million to as a young priest and bishop. His ele- training with many years of law en- do the study from the American Chemistry vation to the papacy in September of forcement expertise by their com- Council, a chemical industry front group that 1978 was full of symbolism and signifi- manding officer. Lieutenant Colonel includes members such as Dow, Exxon, and cance. Pope John Paul II was the first Mark A. Smith was an Indiana State Monsanto Critics of the research, including Slavic Pope and the first non-Italian police. Nearly every platoon included some EPA scientists, claim the study’s funders Pope in 455 years. During his 26-year two or three policemen by trade, which guarantee the results will be biased in favor of papacy, he led the Catholic Church and proved invaluable in the work of the the chemical industry, at the expense of the its members with dignity and convic- unit. The battalion used police proce- health of the impoverished children serving as tion. He traveled more miles, gave dures in its intelligence work, com- test subjects. more speeches and published more ma- paring anti-Iraqi forces to criminals The families would have to keep spraying, terial than any of his predecessors, and back home. even when the directions on the bottles say The combination of marine training ushered the papacy into the modern ‘‘cover all food and keep pets and children era. and police experience allowed the bat- outside and away from the pesticides.’’ talion to capture more than 200 insur- The point of the study is to determine what In the insightful words of his biog- gents during their deployment. Be- happens to children exposed to pesticides. rapher, George Weigel, his life was a cause of their successful nighttime There is no reason to believe that the partici- witness to hope. He was a large influ- raids, 2nd Battalion 24 Marines earned pants would be informed about incorrect use ence in the collapse of communism in the nickname ‘‘The Mad Ghosts’’ from of pesticides that would abnormally affect the Eastern Europe and the dismantling of the insurgents operating in Babil Prov- children. Any change in pesticide use would the Berlin Wall. His trip to his native ince. Like other U.S. forces operating skew the results. Poland in 1979, just a year after his in- in Iraq, these marines truly owned the In fact, EPA policy recommends that chil- vestiture as Pope, set the country spir- night, and their operations continued dren be kept away from all pesticides because itually afire against the communists until 2nd Battalion was relieved by ele- all pose some health risks. But the agency will and inspired the Solidarity movement ments of the U.S. Army in March. on every level. Unfortunately, some of these brave not be warning parents in this study group. marines made the ultimate sacrifice in Doing so would interfere with the study. In- His unique relationship with Presi- the defense of our country. Thirteen fants and toddlers up to 3 years in age are in- dent Ronald Reagan, what Time Maga- marines perished during this mobiliza- volved, and the agency will warn their parents zine called ‘‘the Holy Alliance,’’ en- tion and deployment, 12 as a result of of the pesticide danger only if their children abled a bloodless end to the Cold War. hostile action. Our thoughts and pray- begin to show risky levels of pesticides in their President Reagan sent his top envoy, ers are with the families and loved ones urine, General Dick Walters, to the Vatican of the following marines who will not There are no safeguards to prevent a family many times to take intelligence on the be returning home with their col- from increasing their pesticides use to become Communists to the Pope. In December leagues this weekend: Corporal Brian eligible for the study. of 1980, the Pope, the Reagan White Prening, Corporal Robert Warns, Cor- This is a low income area. $970 over two House, the Solidarity movement and poral Nathaniel Hammond, Corporal years, plus a video camcorder is a lot of many other players were able to stop a Peter Giannopolos, Lance Corporal money to many people. planned Soviet invasion of Poland. Branden Ramey, Lance Corporal Daniel The EPA Press Release for this study said: Wyatt, Lance Corporal Richard War- ‘‘As part of this exposure study, the American Pope John Paul II also made friends ner, Lance Corporal Travis Wichlacz, Chemistry Council (ACC) has signed a coop- of the progressive Russian President Lance Corporal Shane O’Donnell, Pri- erative research agreement with EPA to col- Mikhail Gorbachev in the 1980s who vate First Class Ryan Cantafio, Ser- lect information on exposures of young chil- would later tell an Italian newspaper geant Matthew Adams, Lance Corporal dren to several household chemicals, including that what happened in Eastern Europe Andrew Nowacki, and Private First phthalates, brominated flame retardants, and over these last few years would have Class Brent Vroman. perfluorinated chemicals.’’ been impossible without the Pope’s Mr. Speaker, these brave marines, These classes of chemicals have been presence. their families and their employers shown to have effects on male sperm counts Pope John Paul II held a deep desire back home all made sacrifices to sup- in adults, and are known to be dangerous. for the unity of the Christian churches, port freedom and human rights and tol- The European Union is in the process of ban- in particularly that of the Western erance around the world. During their ning these drugs. Roman Catholic and the Eastern Or- service in Iraq, Iraq became the United This project is symptomatic of a larger prob- thodox Churches. He preached under- Nations’ newest democracy. We cele- lem. standing between religions, and in his This administration has been pushing to in- brate the citizen soldiers who wear the later years in the papacy, he astounded crease human testing. uniform so proudly to protect their the world by visiting synagogues, American kids should not be guinea pigs for great nation. mosques and Protestant churches. He a misguided administration proposal to help To the men and women of the 2nd sought reconciliation with the Jews, Battalion of the 24th Marine Regiment, the large pesticide companies increase sales. asking God’s forgiveness for the sins of to the unit based in Waukegan, Illinois, f the Church against Christianity’s we offer you our heartfelt thanks for ‘‘elder brother’’ by placing a memo- your service and sacrifice. We thank HONORING THE LIFE OF POPE rable prayer on the Western Wall dur- your loved ones for their sacrifice and JOHN PAUL II ing a pilgrimage to the Holy Land in support. Welcome home, and most im- The SPEAKER pro tempore. Under a March 2000. portantly, Semper Fi. previous order of the House, the gen- f tleman from Georgia (Mr. GINGREY) is As a Catholic who served as an altar recognized for 5 minutes. boy and attended parochial school in COMMENTS ON THE EPA Mr. GINGREY. Mr. Speaker, I rise my youth, I recall the pride I felt The SPEAKER pro tempore. Under a today to pay homage to the life of Pope when, after an assassination attempt previous order of the House, the gentle- John Paul II. Although I am deeply in 1981, Pope John Paul II sought out woman from Florida (Ms. CORRINE saddened by his passing on Saturday, his assailant to offer him forgiveness BROWN) is recognized for 5 minutes. April 2, I join my colleagues in hon- rather than condemnation. He leaves Ms. CORRINE BROWN of Florida. Mr. oring the extraordinary life that he behind a legacy of grace and compas- Speaker, the EPA is trying to exploit the poor led. sion.

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.081 H06PT1 H1828 CONGRESSIONAL RECORD — HOUSE April 6, 2005 Pope John Paul II spoke directly to and during the Cold War years is often timely death of Pope John Paul I, a the concerns of the family, under- believed to be miraculous in and of new premium was placed on the health standing the family to be the founda- itself. Whereas cities like Warsaw saw and vigor of the new Pope. In addition, tion of a society rooted in relationships significant devastation during World Cardinal Wojtyla’s reputation as an of love. He spoke frequently about War II, physically Krakow managed to avid outdoorsman and skier continued human rights, especially the right to survive relatively unscathed. to feed the notion that he was vigorous life. As a prolife obstetrician, I was in- b 1645 and able to withstand the physical spired by his strong stance against challenges that would face a new Pon- what he referred to as a disturbing phe- It did not emerge psychologically un- tiff. nomenon of widespread destruction of scathed, however, as the Cold War Not much is known of the conclave so many human lives and the blunting years took its toll on the city and on that elevated Cardinal Wojtyla to the of the moral sensitivity of people’s the Polish people, scars that would Papacy, but much can be assumed. It consciousness because of it. He stood take the unique vision of an electrician can be assumed that Italian cardinals against this culture of death as a viola- from Gdansk and the spiritual inspira- would have liked to have elected an- tion against the human person and tion of a religious leader from other Italian, but likely were unable to against God, the Creator and Father. Wadowice to finally begin to heal. find a suitable candidate. It was at Without his tireless voice, these rights Cardinal Wojtyla continued to lead that time, it is surmised, that leaders would be even further threatened. his flock throughout the Papacy of within the College of Cardinals, includ- He shows us a great example of how Paul VI, until its conclusion at his ing cardinals from South America, to live, and then how to die. With his death in the summer of 1978. It is right Austria and the Netherlands, saw an death, the world has lost one of the here that the story of Cardinal opportunity to elect a non-Italian as a great figures of our lifetime, and his Wojtyla’s rise to the Papacy becomes compromise between competing fac- leadership will be sorely missed. My most interesting. tions of Italian cardinals. They joined prayers today are of thanksgiving for In 1978, the Catholic Church on a with other cardinals to make history his life and service to all humankind, worldwide scale was in need of renewal. by electing the first Polish Pope. and that we will continue on his sacred After years of devout and faithful fol- We should stop to think for a mo- legacy. lowing of the teachings of the Church, ment of what occurred during this con- many Catholics, particularly here in f clave. We as elected officials in the America, began to question the direc- House of Representatives, each of us POPE JOHN PAUL II tion of the Church on a number of made the conscious decision to stand The SPEAKER pro tempore. Under issues, including birth control, priestly for election before our peers within our the Speaker’s announced policy of Jan- celibacy, and the potential ordination own districts. We made these decisions, uary 4, 2005, the gentleman from New of women as priests. At the time of all of us, of our own volition and with York (Mr. HIGGINS) is recognized for 60 Pope Paul VI’s death, it was said by knowledge for the most part of the con- minutes as the designee of the minor- many that the Papacy required a new sequences of our respective decisions to ity leader. direction, one that was perhaps most run. Mr. HIGGINS. Mr. Speaker, I rise succinctly summed up by the sociolo- Cardinal Wojtyla did not have that today to join my colleagues in express- gist and journalist Father Andrew same opportunity. As I have said, as a ing the deep sorrow of the House of Greeley, who said that the Church member of the College of Cardinals in Representatives upon the death of the needed ‘‘a hopeful holy man who can October of 1978, Cardinal Wojtyla, de- Holy Father, Pope John Paul II. As a smile.’’ In August, our Church got that spite his status as a great spiritual Catholic myself, but also as a public of- man in Pope John Paul I. leader in his archdiocese, had no reason ficial with a keen eye toward domestic Cardinal Wojtyla could not have at- to believe that he would emerge as and international affairs, I rise also to tended the August conclave with any Pope when white smoke would emerge celebrate the life and the 26-year pa- belief that he would be elevated to the from the stovepipe at the top of the pacy of John Paul II. Papacy, as there had been no non- Sistine Chapel. He would soon be sur- As history’s third longest pontifi- Italian Pope in more than 450 years. prised. cate, it was not without its faults, to Accordingly, he and his mentor, the It is believed that as the ballots were be sure. All told, however, it is undeni- primate of Poland, Cardinal held, counted and revoted and the able that the papacy of Pope John Paul Wyszynski, attended the conclave and votes in conclave crept steadily higher II was the most significant in the 20th participated in the elevation of Albino and higher for Cardinal Wojtyla, he be- century and one of the most significant Cardinal Luciani, the patriarch of Ven- came more and more concerned. It is of all time. ice, to the Papacy as Pope John Paul I. not known for certain, but it is be- Born in Wadowice, Poland, in 1920, It is believed that Cardinal Wojtyla re- lieved that Cardinal Wojtyla, when he Karol Wojtyla was a serious if non- ceived votes in the initial balloting initially received the required number descript youth. Young Karol enjoyed during that August conclave, but it is of votes to be elected, asked for some dramatics and thought of becoming an said that the announcement of his time to pray and contemplate the deci- actor, but was instead called to serve name did not cause the Cardinal even sion of whether or not to accept, and the Church. Studying in secret for the to raise his head from his reading. He may well have asked for a final vote to priesthood as Poland was occupied by did not, and could not, expect to be se- confirm the cardinals’ decision. Nazis during World War II, young Karol lected by his brethren, and so upon the It is undeniable, Mr. Speaker, that became Father Wojtyla on November 1, election of John Paul I, Cardinal Pope John Paul II made major con- 1946, and subsequently served in var- Wojtyla returned to Krakow, secure in tributions to the demise of totalitarian ious capacities in his native Poland, the knowledge that the Church had communism, a system in which the serving under the legendary Stefan new leadership for the foreseeable fu- state claims ownership of everything Cardinal Wyszynski, and later serving ture and that he would be able to re- physical and attempts to exert control in his own right as Archbishop of turn to minister to his flock. over everything intellectual. In such a Krakow, Poland. Then the unexpected happened, the system, no one may express belief in On June 26, 1967, Archbishop Wojtyla death of Pope John Paul I after the anything other than Marxism, and the was elevated to the College of Car- briefest of papacies. That the cardinals suppression of free thought and indi- dinals, receiving the Red Hat, as it is would return so soon to Rome to elect vidual liberty are its exclusive goals. known in Vatican circles, from Pope yet another successor to St. Peter was The Church, first in Poland and then Paul VI. shocking to say the least, but even at elsewhere, broke through these con- Krakow is known in official Euro- that time Cardinal Wojtyla could hard- trols by offering people a safe place to pean guidebooks as the gem among Eu- ly have expected to be elected. Inter- meet and a new vision of the world. ropean towns, although its survival estingly, however, Wojtyla was age 58, The Church soon became not only a under the invasion and occupation of an age usually considered young for a place of worship but it became a place soldiers in the wake of World War II Pope; but in 1978, following the un- where writers, artists, and playwrights

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.083 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1829 could have their works read, seen, and western New York proudly celebrate millions, young and old, Christian and heard. the Papacy of John Paul II and the spe- Jew, from every corner of the world In helping to create a more open soci- cial connection that Buffalonians have came to worship with him, and with ety, the priests of these churches fol- to him and to his years as Pope. him join together to make the world a lowed the example of John Paul II, who We have to remember that Pope John better place. His Papacy made people as young Karol Wojtyla in Communist Paul II was history’s most traveled feel unafraid and challenged the faith- Poland, secretly studied for the priest- Pope and brought his message of faith- ful to go unafraid in pursuit of a better hood and founded an underground the- fulness and hope to billions of people life. ater. This new way of thinking was not throughout the world, Catholics and Before Pope John Paul’s predecessor entirely religious. The Pope traveled non-Catholics alike. The Holy Father was elevated to the Papacy, he too had the world, including the communist used his influence to mediate conflicts misgivings about assuming the mantle world, speaking not only of God but of throughout the world and established of leadership that his colleagues were history and culture, of a new civil soci- diplomatic relations between the Holy about to confer upon him. Albino Car- ety steeped in openness and freedom, See and more than 70 additional inde- dinal Luciani sat fretfully during the tempered by love, forgiveness, and un- pendent nations. voting, but was approached by two derstanding. This new openness had a Pope John Paul II also reached out to friendly cardinals who offered him sup- liberating impact on the oppressed of many people of other faiths, including port. One told him not to worry, be- the world and a debilitating impact on and especially to Jews, whom John cause when God gives a burden, he also their oppressors. Paul II thought were unfairly subjected gives the strength to carry it. Another In the years to come, 26 years, 5 to years of scorn and discrimination by told him, Don’t fear, the whole world is months and 17 days to be precise, Pope Christians of all denominations. John praying for the new Pope. John Paul II led the faithful through Paul II led by example, becoming the As the world prays for the peaceful an incredible period in world history, first Pope to visit Rome’s synagogue repose of Pope John Paul, so does the helped facilitate the end of a bitter and by taking the necessary steps to- world pray for his successor to effec- Cold War, and helped spread peace and ward establishing diplomatic relations tively and faithfully lead our Church democracy to nations across the world. between the Holy See and the State of during the months and years to come. The election of Pope John Paul II took Israel. In the year 2000, John Paul II Human though he may have been, on additional significance in the con- paid a visit to Jerusalem, visiting the Catholics throughout the world pray text of the political situation in his Holocaust memorial in Jerusalem; and for leadership for our faith provided by homeland of Poland. Pope John Paul II on March 23, 2000, he paid a visit to the Pope John Paul II. While we pray for strongly encouraged the Solidarity holiest of religious sites in Judaism, the peaceful repose of his soul, we are movement in Poland, led by former the Western Wall. At the Wall, the confident that God, upon the appear- Gdansk electrician Lech Walesa. The Pope followed tradition by leaving a ance of Karol Wojtyla at the gates of Holy See gave Solidarity vital material written prayer at the Wall itself, seek- heaven, has said the immortal words, and moral support that further legiti- ing the Jews’ forgiveness for the sins of ‘‘Well done, good and faithful servant.’’ Mr. Speaker, I yield to the gentleman mized the movement in the eyes of the Christians over the years, the text of from Illinois (Mr. LIPINSKI). Polish population, becoming a de facto which prayer follows: Mr. LIPINSKI. I thank the gen- ‘‘God of our fathers, You chose Abra- vehicle of opposition to the Com- tleman for yielding. munists who, though demoralized, re- ham and his descendants to bring Your Mr. Speaker, John Paul II was a re- mained in power in Poland. name to the nations. We are deeply markable leader whose intense faith, I remember vividly the image of saddened by the behavior of those who intellectual brilliance, and sheer phys- Walesa kneeling before the Pope to pay in the course of history have created ical stamina are beyond dispute. He homage to him and seeing the Pope these children of Yours to suffer, and has been an inspiration to me and to practically lift Walesa off his feet to asking Your forgiveness, we wish to millions of others, and his leadership embrace him, suspending the strict commit ourselves to genuine brother- brought people of all faiths closer to- protocol of the Vatican to embrace the hood with the people of the Covenant.’’ gether. John Paul II was a beacon of man who was leading millions of his We also cannot forget that John Paul freedom and he gave his voice to those fellow Poles toward a democratic state. II was a great spiritual leader for the who could not speak, especially to Theirs was a struggle of common pur- youth of the world and felt a special those who were oppressed by the bru- pose and the Pope’s willingness, indeed connection to young people in pursuing tality of Communist oppression. his steadfast insistence on using the his ministry. John Paul II utilized the In public pronouncements during his weight of his Papacy as a counter to most modern of communication tools visits to Poland and at every possible Communist aggression, was a vital to bring his message forth and in the opportunity, he bore a simple message: component in ending Cold War hos- mid-1980s established Catholic Youth truth matters, faith matters, freedom tilities and producing an independent Days throughout the world where the matters and injustice must be con- Polish state. youngest Catholics were encouraged to demned and challenged. This point is one of considerable in- participate in the faith in a manner un- terest to my own constituents in west- like any seen previously. b 1700 ern New York. The history of Buffalo is It cannot be said that John Paul II’s He encouraged such dissidents as Po- one of rich and diverse ethnic neighbor- Papacy was perfect. None, possibly land’s Lech Walesa and Czecho- hoods, and western New York’s Polish- save for that of the first Pope, St. slovakia’s Vaclav Havel to live ‘‘as if’’ American community is strong and Peter, could possibly attain such they were free, undermining the elabo- proud today as it has been for genera- heights. Reductions in vocations, fi- rate system of lies that the Communist tions. The pride in Cardinal Wojtyla’s nancial improprieties, sex abuse scan- system depended upon to survive. Once ascension to the Papacy in 1978 was felt dals, and other issues continue to test pretenses were stripped away, more by all of Polonia and all of western the faith of our people; and it is un- and more people realized they were not New York. It lasted throughout John likely that the Papacy of John Paul II, alone. It was Pope John Paul II’s cour- Paul II’s Papacy and is something felt or anyone else, could deal with those age and decisive action that nurtured in parishes from throughout Buffalo, concerns completely. It will be up to Poland’s Solidarity movement and Erie, and Chautauqua counties. the new Pope, whomever he may be, to served as a catalyst to the peaceful lib- Speaking parochially, the future lead the Church and its faithful in the eration of Poland and the fall of the Pope visited Buffalo twice as a car- months and years to come and as a Iron Curtain. dinal, once in the 1960s and again in the spiritual leader to help Catholics and Pope John Paul II was the first Pope 1970s, visiting Polish-American church- people of all faiths to deal with the to truly take his papacy outside the es on Buffalo’s east side, where par- many challenges that we face. Vatican and deliver his message all ishes still exist in which mass is said in Undeniably, Pope John Paul II’s cha- across the globe. He made an out- Polish. Today, just as they did in 1978, risma and warmth drew people to his standing 104 pilgrimages to 129 coun- all parishes throughout Buffalo and Papacy like never before. Hundreds of tries. I had the privilege of seeing the

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.084 H06PT1 H1830 CONGRESSIONAL RECORD — HOUSE April 6, 2005 Pope twice, once in 1979 at a mass at That camp is located near Krakow, a the right to grow up without fear and Five Holy Martyrs Parish in Chicago community in Poland that knows the anxiety.’’ Mr. Speaker, the greatest and once at a mass at the Vatican on Holy Father very well. And at that challenge for any generation is to leave Christmas Eve. I am but one of mil- camp in the middle of a rather severe behind a world that is better for our lions of people worldwide who were snow in very cold weather, a Vatican children than it was for us. This Pope moved by the personal experience both emissary read a message from John truly understood and embraced that of his charisma and also the truth that Paul II. He talked about his own visit challenge. he spoke. to Auschwitz in 1979, and he talked We will all miss Pope John Paul II Pope John Paul II broke precedent about how, while he made that visit, for his spirituality, for his dignity, for after precedent in reaching out to which had to be exceedingly difficult his convictions, for his leadership, and those of other faiths. He was the first for him, he stopped before a memorial for his profound humanity. But much Pope since St. Peter to visit a syna- and prayed in Hebrew, and then he as his faith indicates that his soul will gogue and the first to visit a mosque. stopped before another memorial and live on eternally, the impetus and leg- In an extraordinary illustration of his prayed in Polish. acy of his principled life will live on respect for other faiths, he issued a se- John Paul II was a builder of bridges. eternally here on Earth. ries of papal apologies for the Church’s He was a uniter. He had a deep faith I again thank the gentleman for his past treatment of Jews, for the Cru- and a profound belief in concepts which leadership in organizing this Special sades, and for the Church’s role in the guide us every day right here in this Order. post-Reformation wars of religion. He body. We start every day, and every Mr. HIGGINS. Mr. Speaker, I yield to understood the critical importance of classroom, so many classrooms the gentleman from Ohio (Mr. RYAN). Mr. RYAN of Ohio. Mr. Speaker, I forgiveness for peace, even forgiving throughout America start every day, would like to also take this oppor- his would-be assassin. by pronouncing a very simple concept: While some may view the Pope’s liberty and justice for all. That is tunity to thank the gentleman from New York for having this Special statements and actions as representing something that the Holy Father be- Order. an inconsistent political ideology, the lieved in profoundly. Liberty and jus- I grew up going to Catholic school, 12 tice for all. truth is that everything that John years of Catholic school at Our Lady of He believed in peace, but he also had Paul II did arose from one inviolable Mount Carmel Grade School and John the fortitude and the compassion and principle: Every individual has dignity, F. Kennedy High School, and I received the commitment and the raw courage and society must constantly strive to my first holy communion under this to oppose two of the greatest evils that uphold that dignity and promote a Pope. I was confirmed under this Pope, the 20th Century had ever witnessed in ‘‘culture of life.’’ He understood that if and I was married under this Pope. And communism and nazism. He was not the life and liberty of each person is to for those of us who are involved in the simply an eyewitness to those evils. be protected, this principle must moti- political system, not only here but There were plenty of eyewitnesses to vate the actions of governments. around the world, one of the things we those evils. He was a vigorous opponent I join my fellow Catholics and people tend to notice is that in many ways everywhere in mourning the passing of of those evils, an outspoken opponent international figures are inconsistent. the Holy Father. Pope John Paul II had not simply when they were occurring, And I think as we celebrate the life of a remarkable and blessed life, altering but even years after they occurred, be- this great Pope and this great states- history and making the world a better cause he always wanted to remind us of man, I think it is important for us to place. But even with his death, there our moral obligation, our fundamental recognize his consistency and how he are still millions, including many moral obligation, to speak the truth was consistent with all of his philoso- youth, who have been inspired by his against evil no matter when it oc- phies through the Church and through life, who will continue to strive to curred, where it occurred, how far back his life. And whether one always agreed carry on his good work. This is a true it occurred. with this Pope or not, regardless of the testament to one of the greatest fig- I want to conclude by sharing with political pressure that was being put ures, perhaps the greatest figure, of the my colleagues some statements that from certain quarters in certain inter- 20th century. John Paul II has made because I think est groups on certain countries, the Mr. HIGGINS. Mr. Speaker, I yield to those statements continue to guide us Pope was always very consistent. the gentleman from New York (Mr. even today even at this difficult time. He was prolife on abortion. He was ISRAEL). The Pope understood that different prolife on the death penalty. He under- Mr. ISRAEL. Mr. Speaker, I thank people see the world through different stood that we honor not only the Holy the gentleman for yielding to me. And lenses, but he fought the biases that Church, but God and the rest of us we all thank the gentleman for orga- have long characterized the fault lines through our actions, and this Pope, nizing this Special Order. He has al- of different cultures. He counseled us. through his actions, and what he advo- ready demonstrated his leadership in This is what he said: ‘‘Peace is not cated for, always for the poor, always this Chamber simply by taking this ac- built in mutual ignorance but rather in for the disenfranchised, always for the tion tonight, by leading the United dialogue and encounter. Unity is not workers, always for those people who States Congress in paying special trib- uniformity.’’ He built a culture of tol- did not have a voice, this Pope did not ute and honoring the life of John Paul erance and openness and under- have to worry about the political im- II. standing. He said, ‘‘Solidarity helps us plications, and he acted out of a posi- Mr. Speaker, so much has been said to see the other not as an object of ex- tion of love, and he did not always do on this floor, on the news channels, ploitation but as a neighbor in the ban- it when it was just convenient for him throughout the world about the life of quet of life to which they are all equal- or for the Church. And that is very im- Pope John Paul II. And I just wanted ly invited.’’ A very important re- portant. to share with my colleagues a reminis- minder. When the war in Iraq came before cence that I have. I never met the Holy And, Mr. Speaker, let me close by this Chamber and came before the Father, but I did connect to him capturing a deeply held belief of the international community, it was this through one profound moment that I Pope’s that I have long held dear in my Pope who took a firm position. And, in- experienced when I visited the Ausch- own service as a Member of this body. terestingly enough, throughout the war witz death camp in January with Vice The Pope steadily and forcefully it was this Pope who was one of the President CHENEY and two Members of worked towards a better future for all only international leaders we would this body as part of the delegation of humankind, and he saw this future em- hear talk about the innocent civilians Americans who went to commemorate bodied in our children. Those are the who were getting killed throughout the the 60th anniversary of the liberation people that we have our most impor- war in Iraq. And whether or not the of the Auschwitz death camp. John tant obligation to because they are our war was justified is a debate for this Paul II could not attend that event. future. The Pope said, ‘‘We must all Chamber, but I think it is important His health did not allow him to. So he work for a world in which no child will for us to recognize that this Pope un- sent a special message. be deprived of peace and security, of derstood that those innocent lives were

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.086 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1831 God’s children, too, and the Pope made Mr. MCCAUL of Texas. Mr. Speaker, I And that God was never spurious. sure that the conscience of the world would like to thank the gentleman For he understood clearly, paid attention to that. from Arizona for his leadership. The vain rantings of men; One or two final points about the ex- Mr. Speaker, tonight I rise to pay How popular their wisdom, tribute to the extraordinary life of Seemed to change with the wind. ample of this Pope. A lot of religious But he held true to his course, issues and a lot of religious connota- Pope John Paul II. I served as an altar In the most turbulent times; tions have been made over the past few boy as a child, was educated by the With God’s Word as his pilot, years and have made their way to the Jesuit priests, and as a Roman Catho- And the Holy Spirit as his guide. forefront of our political discourse lic I admired this man for his unwaver- In faith, he stood against evil, here. And I think this Pope has taught ing faith, extreme determination, and When it could have cost him his life; us through his life on how we have to belief in the culture of life. His service And for decades and more, understand and utilize a religion con- to the Church and his dedication to He fought for what was right. freedom for all individuals are legacies For God was his center, sistently and the philosophies consist- And Jesus was his friend; ently. the world will remember and honor for And the Comforter never left him, But on the issues of Christianity, the decades to come. From birth to honored end. issues of nonjudgment, which is the As the Holy Father once said, ‘‘Free- For he was on a holy quest, highest ideal of the Christian faith, not dom consists not in doing what we like, Of nearly mythic proportions; to judge, and for this Pope to go to the but in having the right to do what we A man with a great commission, mosque, to go to the synagogue, to dis- ought.’’ Teaching truth and sacred traditions. agree with one on issues of the day, but Ten years ago, my wife, Linda, and I He knew where he came from, And he knew where he would go; yet never judge one personally or never had the honor of a private audience with the Pope where we came to be- Secure in Christ, adored by the masses, judge one’s country personally is a les- This humble shepherd-soul. son for all of us. The man who spoke lieve even more in his efforts to speak But now his journey’s over, for the poor, the man who spoke for the out strongly in favor of human rights A final appointment he will keep; disenfranchised, the man who spoke for as he stood firmly with the United A righteous servant to his Master, the workers, and the man who taught States in defeating communism and In whose arms he will now rest and sleep. my generation of service, and in the spreading democracy across our globe. While leaving a beautiful legacy, Catholic schools and in the Catholic This son of Poland served as a beacon Of honor and valiant grace; That will live on beyond this tribute, Church one of the great doctrines is of light to the world’s oppressed and unborn. In life, as in death, the youth A priestly mantle so hard to replace. that we have a responsibility regard- We will miss you Holy Father, less of what we are doing to make of the world loved this Pope. He too We will miss your humor and your passion; money or to protect one’s family or to loved them and believed, ‘‘As the fam- We will miss your concern for personal de- help one’s family survive, we have an ily goes, so goes the nation and so goes tails, obligation in some capacity to serve the whole world in which we live.’’ And your courage to speak and to take ac- others. And this Pope in many ways His message on the sanctity of tion. served all of us with his intellect, with human life and social justice served as But now you have fought your good fight, a rallying cry for millions looking for And you have finished your race; his knowledge, with his commitment, We thank you for your example, with his example of nonjudgment and an advocate for the defenseless and the weak. He gave a voice to the silenced And pray God bless you for your faith. tolerance. Via con Dios, my precious brother, We have a lot that we can digest that and provided hope to the hopeless. Go with God my blessed friend; this Pope has shown us, and I hope that Pope John Paul II appealed to the Shalom to you my loving confessor, those of us in this body and around the better nature of man. Humanity was Be at peace and as you always said, ‘Amen.’’’ world will use this celebration as an well served by his Papacy. With his Mr. Speaker, it is with great admira- opportunity to get to know this Pope passing, let us celebrate his service to tion and gratitude that I now person- in a better way and a deeper way and all mankind and listen quietly as the ally rise to commend to the ages the hopefully implement his example in angels in heaven sing in joy as he as- life of Karol Wojtyla, Pope John Paul the day-to-day workings of this Cham- cends to touch the face of God. II. Mr. FRANKS of Arizona. Mr. Speak- ber. Pope John Paul II lived an inten- er, we are here to honor the life and I thank the gentleman from New tional life. Too often today, we spend legacy of Pope John Paul II, and I am York for yielding to me. our lives in a reactive state, with daily joined by several of our colleagues here events and crises drowning out the re- f tonight. flection and study which are required b 1715 Mr. Speaker, we often get materials to live an intentional life. and letters from our constituencies, The Pope did not fall into this trap of GENERAL LEAVE and sometimes even from other States. the immediate. He instead considered Mr. FRANKS of Arizona. Mr. Speak- Although I represent Arizona, a close his life’s great questions and, after er, I ask unanimous consent that all friend of mine from California, Kevin seeking guidance in Holy Scripture and Members may have 5 legislative days Rishell, wrote us a poem today related through prayer, he steadfastly stayed within which to revise and extend their to Pope John Paul II, and it seemed ap- wisdom’s course. remarks and include extraneous mate- propriate to read. So I am going to Mr. Speaker, by now the narrative of rial on the subject of my upcoming start with that: the Pope’s life has become well-known. Special Order. ‘‘Pope John Paul II. Growing up in Poland, he had firsthand The SPEAKER pro tempore (Mr. A man of simple convictions, experience with two of the 20th cen- DENT). Is there objection to the request A man of great love and peace; tury’s most horrible totalitarian cre- of the gentleman from Arizona? A father to the nations, ations, that being Nazism and Soviet There was no objection. A friend now at last released. Into the arms of his beloved Savior; Communism. Living under these sys- f Into history, tems as a young man, he saw in detail not only the physical corrosion TRIBUTE TO POPE JOHN PAUL II With God’s tender favor. ‘Well done’ faithful servant, wrought by these systems of govern- The SPEAKER pro tempore. Under Echoes ’cross Heaven’s portals; ment, but the spiritual and social the Speaker’s announced policy of Jan- As John Paul is welcomed, decay they engendered as well. uary 4, 2005, the gentleman from Ari- By friends and other immortals. He looked beyond the jackboots and zona (Mr. FRANKS) is recognized for 60 His life was a service to God, the tanks and saw that the real power minutes as the designee of the major- And to his neighbors; of these regimes stemmed not from To the weak and to the poor, ity leader. And dearly loved unbelievers. physical force, but from an intellectual Mr. FRANKS of Arizona. Mr. Speak- For he believed that all life, climate that was stripping the human- er, I yield to the gentleman from Texas Had a godly purpose; ness from humanity. Karol Wojtyla (Mr. MCCAUL). That all life was special, dedicated himself to fighting this evil,

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.087 H06PT1 H1832 CONGRESSIONAL RECORD — HOUSE April 6, 2005 not with force of might, but through He was a friend of the United States, Of particular note was the enthu- prayer, availing his heart, soul and not out of blind loyalty, but out of a siasm of the young people who came to mind unto God, and in serving his fel- recognition that ‘‘radical changes in a rally held in St. Louis on the evening low human beings. world politics leave America with a of January 26, 1999. Reaching out to He exemplified what the Holy Scrip- heightened responsibility to be for the young people truly seemed to be a ture exhorts from man: ‘‘To do justly, world an example of genuinely free, characteristic of this Pope. to love mercy, and to walk humbly democratic, just and humane society.’’ The Holy Father spoke not only to with God.’’ He sought for justice to be And he admonished and cautioned us the Catholic community, but to men done and the truth to be told by plac- that it is not enough to speak about and women of conscience on every con- ing a handwritten acknowledgment of freedom, but that freedom must have a tinent. Most notable may be his cour- Christian sins against the Jewish peo- purpose, stating: ‘‘When freedom does age in standing for a culture of life, as ple in a crevice of the Western Wall in not have a purpose, when it does not well as defying communism and stand- Jerusalem, and in his admonishment of wish to know anything about the rule ing in solidity with those opposed to the kneeling Father Ernesto Cardenal, of law engraved in the hearts of men that great evil. That courage will be the Sandinista Culture Minister in and women, when it does not listen to noted in history as a fulcrum that Nicaragua. the voice of conscience, it turns turned the wheel of history from dicta- He demonstrated mercy, and after re- against humanity and society.’’ torship to freedom. covering from his wounds from the as- Perhaps one of the most fitting trib- His defense of the culture of life is sassination attempt on his life by utes to this great man can be found in best embodied in his own words given Mehmet ali Agca, he visited this de- the news coverage of his death. While in October 1979 right here in Wash- ranged Turk in prison. He visited him, the Free World celebrates his legacy ington, D.C. and then he forgave him. and openly mourns his passing, states b 1730 And he walked humbly, Mr. Speaker, such as China, which still hold much of allowing all of us to watch as he dete- their population in the dehumanizing Let me quote just for a moment. ‘‘I riorated physically right before our chains of Marxism, do the best to stifle do not hesitate to proclaim before you eyes, believing that those who follow these reports. It seems fitting that the and before the world that all human Christ, as Christ himself taught, must only countries to bar a Papal visit were life is sacred, because human life is sometimes endure suffering. China, North Korea, Vietnam, and created in the image and likeness of Karol Wojtyla became Pope John post-Communist Russia. God. And so, we will stand up every Paul II in 1978, and held the Chair of Those leaders know that John Paul II time that human life is threatened. Saint Peter for more than 26 years. At lived a life in accordance with a view When the sacredness of life before birth the beginning of his Papacy, the totali- that rejected dehumanizing chains, be- is attacked, we will stand up and pro- tarianism that had colored his youth cause man was created to be free, and claim that no one ever has the author- was on the march throughout the even though he has passed from this ity to destroy unborn human life.’’ world. Previously free people were life and into the next, his world view In recent decades I believe there have being enslaved by Soviet Communism remains, and his courage in the face of been no more stirring or inspiring with alarming regularity. However, the death is a powerful symbol of that words to encourage those of us who be- Soviet Union had reached its zenith, world view. lieve in protecting unborn life than and soon would crumble, due in large The oppressors realize that if their these. The Pope’s consistent fight for part to the efforts of a triumvirate of subjects witness this courageous man the sanctity of life never wavered. His courageous and noble leaders: Ronald and embrace his vision of humanity defense of life extended from the mo- Reagan, Margaret Thatcher and this that their days will be numbered. We ment of conception to natural death. new Pope, John Paul II. should all pray that they do. His heart was always toward the weak He chose to attack the intellectual In the meantime, Mr. Speaker, we and powerless, those whose voices were moorings of totalitarianism; thus he should all take great comfort and gain silenced cruelly or unjustly. could eliminate the power structure great courage with the Pope’s words of The same defiant commitment to that it rested upon. hope to all of us. He said, ‘‘Do not human dignity animated his resolve to He opposed abortion, believing inno- abandon yourselves to despair. We are oppose communism. In the 1980s, com- cent human life was sacred and that the Easter people and hallelujah is our munism faced three implacable foes: the casual elimination of the weak is song.’’ I am certain that he is right Ronald Reagan, Margaret Thatcher, the first step on the path that leads to now joined by a multitude of others and Pope John Paul II. The Pope’s cou- the enslavement of all. One of the great singing ‘‘Hallelujah’’ to the One he rageous and historic leadership teaching documents of his pontificate, dedicated his life to. emboldened the downtrodden people of ‘‘Evangelium Vitae,’’ stated: ‘‘Life, es- Mr. Speaker, I yield to the gentleman Poland and all of Eastern Europe to pecially human life, belongs only to from Missouri (Mr. AKIN). say, ‘‘Enough.’’ He deserves the thanks God; for this reason, whoever attacks (Mr. AKIN asked and was given per- of all people for that critical role in human life in some way attacks God mission to revise and extend his re- consigning the former Soviet Union himself.’’ marks.) and its satellite dictatorships in He opposed liberal theology, firmly Mr. AKIN. Mr. Speaker, I rise today human memory. believing that a Church which did not in remembrance of Pope John Paul II. Pope John Paul will be fondly re- stand up for its core doctrines would be The Holy Father held a special place in membered as a person of great energy unlikely to stand up to evil in the the hearts of more than 1 billion and courage and faith, a man who did world. And he encouraged us all to do Catholics worldwide. For many young- not shrink from fascism when he en- the same, stating that ‘‘freedom con- er people, he was the only Pope they tered into an underground seminary in sists not in doing what we like, but in had ever known. However, his influence Poland during Nazi occupation, nor having the right to do what we ought.’’ was by no means limited to the Catho- from communism when he challenged And kindly but boldly he encouraged lic community. Rather, his moral cour- the world to rid itself of that evil. In us not to be afraid, stating: ‘‘Have no age and spiritual passion gave encour- his final years, he countenanced great fear of moving into the unknown. Sim- agement, clarity, and strength to peo- personal suffering with great dignity. ply step out fearlessly knowing that ple around the globe. He died as he lived, with bravery and God is with you, therefore no harm can My hometown of St. Louis was hon- faith. befall you; all is very, very well. Do ored by a visit by the Pope in January Today we honor his memory. May we this in complete faith and confidence.’’ of 1999. The arrival of the Pope to the always honor his legacy. He demonstrated this full and com- birthplace of the first cathedral west of Mr. FRANKS of Arizona. Mr. Speak- plete trust in God, and from his first the Mississippi was truly an honor and er, I yield to the gentlewoman from appearance on the balcony of St. Pe- Americans poured into St. Louis to North Carolina (Ms. FOXX). ter’s Basilica proclaimed that ‘‘Christ, participate in prayer services, a rally Ms. FOXX. Mr. Speaker, I rise this Christ is the answer.’’ and celebration mass. evening to pay my respects to one of

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.089 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1833 the world’s greatest spiritual leaders, you felt that holiness. You felt the ho- be hurt. Angels do not bleed. True Pope John Paul II. liness of a man of deep prayer, a man of bravery can only be shown by moral The Pope was a wonderful humani- hard work and conviction, a man who men and women. This man showed true tarian who was much more than just a did not sway in the wind and who was bravery, and it was because of that leader of the Catholic Church and its 1 not forced by modernization, by the courage through prayer that he re- billion members around the globe. He tides of modern theology that we have ceived. was a servant of God, whose purpose in seen. When he was in Rome in May of 1981, life was to work on behalf of all of hu- When I heard of his death, I was in when the attempted assassination was manity. Panama just a few days ago. I was for- made on his life, he spent 20 days in the John Paul II was a courageous man, tunate to be with the large Latino pop- hospital. He showed us the power of courageous all his life, who worked to ulation, one of the fastest-growing pop- perseverance. He spent the rest of his make the world a better place by fight- ulations in the Catholic Church, who life showing us the power of forgive- ing for basic human rights, such as the turned out and who truly mourned his ness, especially when he met with his right to freedom from oppression. Hav- death. Monday I was in Mexico City, would-be assassin. ing grown up under nazism and com- and I had an opportunity to visit the So while we are saddened by his pass- munism, he understood firsthand the Shrine of Our Lady of Guadalupe. I ing, we celebrate his life. We continue negative effects of totalitarian rule. He watched a poor Mexican family on to be encouraged by his teachings, and inspired a ‘‘revolution of conscience’’ their knees, walking on their knees in we allow his powerful spirit to inspire in his home country of Poland, which pain and in suffering, to show personal us daily to strive for goodness, for hu- Lech Walesa credits helped bring about sacrifice to honor the life of this Pope. mility, for forgiveness and for justice. I the fall of communism. And with the few small dollars that love this champion of freedom and life. The Pope was not afraid to take a they had left, they bought several can- I love the fact that God sent us a spir- tough stand and challenge dictators dles and placed them at the statue of itual warrior who fought for the good, face to face. His criticism of rulers John Paul II in Mexico City. A true a warrior whose most powerful weap- such as Alfred Stroessner in Paraguay, tribute for those who have so little to ons was that of peaceful prayer, peace- Augusto Pinochet in Chile, and Ferdi- give so much. ful words, solidarity, and the teachings nand Marcos in the Philippines encour- It is interesting that the Pope’s last of life. aged opposition movements that even- teaching, the last formal message that I thank the gentleman from Arizona tually led to the demise of their re- came out of Rome, dealt with the life (Mr. FRANKS) for setting aside this gimes. of Terri Schiavo. It is interesting that hour and for allowing us to give a The Pope was also a staunch advo- the message that came from this Pope small tribute to the life of John Paul cate of the right to life. He constantly was that we should not so swiftly em- II. Mr. FRANKS of Arizona. Mr. Speak- challenged people to foster a culture of brace the culture of death. As a Roman er, I yield to the gentleman from Min- life. Ten years ago John Paul II stated, Catholic, as a father of 12 children, I nesota (Mr. KENNEDY). ‘‘We are facing an enormous and dra- am so grateful that his last teaching Mr. KENNEDY of Minnesota. Mr. matic clash between good and evil, will be that of life, that we embrace in- Speaker, I, too, want to thank my dis- death and life, the ‘culture of death’ nocence, that we look to help the un- tinguished colleague from Arizona for and the ‘culture of life.’’’ He chal- born; that we treat all life, whether it organizing this time for us to pay our lenged that, ‘‘We are all involved and be disabled or whether it be strong and respects to a man who has had a pro- we all share the inescapable responsi- healthy, with dignity. found impact on our world and a pro- bility of choosing to be unconditionally Mr. Speaker, this public servant sent found impact on the oppressed prolife.’’ I deeply admire the Pope for a powerful message each time he rose, throughout this world. taking this stand. even when he was then himself dis- We feel sad because of our loss, but In a society often characterized by abled. I found him to be noble and this is natural. But we should, in fact, worldliness, the Pope stood as a symbol kind. I found his humility to be a great rejoice, for I have no doubt that this of morality, integrity, and faith. John example that led our world. When we great son of Poland has ascended into Paul II was not someone who acted in look at what he did to fight against the heaven and has been welcomed home accordance with public opinion polls. evils against democracy, especially by our Lord, whom he did so much to He did what he knew was right, and he with the Iron Curtain, the Soviet serve with his life that he was given. spoke with conviction. Even if people Union, Poland, Hungary, Bulgaria, Ro- We should not dwell on our loss, but did not agree with him on every issue, mania, Czechoslovakia, and East Ger- we should rejoice for all the years we they respected him and admired him. many; each of them owe a portion of were privileged to know him, to see No one in our lifetime has been a bet- their freedom to this champion. Each him, to hear him, and to learn from his ter role model for us all. He was, all his of them owe a portion to the tolerance example. We should rejoice in the life, to the end of his life, a teacher and and forgiveness, the releasing of the strength he had inspired by his faith a servant. I join with the rest of the evil grip of communism, to this cham- and conviction to suffer through Par- world in mourning his loss. pion. He told them not to be afraid. In kinson’s for so many years, to survive Mr. FRANKS of Arizona. Mr. Speak- doing so, he moved masses into soli- an assassination attempt, and the un- er, I want to recognize the gentleman darity and unleashed the evils of Com- surpassed Christian spirit to confront from Arizona (Mr. RENZI). munists. his nearly successful assassin and for- Mr. RENZI. Mr. Speaker, I am grate- He personally survived the Nazi give him and pray with him, and to ful that the gentleman from Arizona bloodlust that swept through his na- know that he is at peace now with the (Mr. FRANKS) took the time and the ef- tive Poland, and he survived the Iron Heavenly Father he so nobly and hum- fort to reserve an hour so that we could Curtain which attempted to strangle bly served. take the time to pay tribute to a man the free spirit of men. His life will be It is difficult to remember what the who has given us so much, to celebrate honored in our work to continue that world was like before we had the exam- his life and to lay out for the people of struggle, to fight daily for the free ple of our Pope a scant 27 years ago. the world how much he truly sacrificed spirit of men all over the world who The year he was chosen, Iranian pro- and gave. continue to be repressed. He was tests were brewing that would lead to I had the honor to visit with him in unafraid because he believed in God. the imminent fall of the Shah, usher in Rome at Christmas of 2003. I accom- Through prayer, he received courage the ayatollahs, and produce an era of panied a delegation of a couple of Con- from the true source; true courage war and terror. The Soviet Union was gressmen who went over and who comes to those who pray, true bravery jailing religious dissidents and staging brought a House Resolution that sig- to those who pray. coups such as that which they nurtured nified and thanked him for 25 years of Mr. Speaker, I say to the gentleman in Afghanistan and followed with a public service, of being that spiritual from Arizona (Mr. FRANKS), my neigh- full-fledged invasion. warrior that we all embraced. It was an bor, we both know that angels feel no Before John Paul II, we did not yet honor to be with him. In his presence, injury. Angels are created and cannot have the vision and the leadership of

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.090 H06PT1 H1834 CONGRESSIONAL RECORD — HOUSE April 6, 2005 Ronald Reagan nor of Margaret ing an aide, how many divisions does freedom, but only if it is a freedom Thatcher, who, together with them, he he have? that is used to do justice. And justice, would usher in the end to the Cold War. Stalin never had to come to face as he reminded us, is to confer, pre- We were told that the West was in irre- John Paul II, but later communist serve, protect, prolong, and give mean- versible decline, and that the freedom leaders would come to know the danger ing and value to life. bequeathed to us as an inalienable posed by this man and what he rep- The spread of freedom will continue right, preserved and protected by the resented on Earth and in heaven. They unabated in his absence. It will con- wisdom of the people assembled in knew that if the Church led by this tinue to inspire by his example as democratic government, had failed. man was not dealt with sooner or later, America leads a providential mission The peoples of the world were being it would destroy them throughout the that humanity will only know peace told that individual dignities should be world where the people would travel to and prosperity when every one of God’s subjugated to the collective. It seemed places where people were trapped under children knows the freedom and enjoys that the only religion was that of the communism, and totalitarianism parts the dignity bestowed on them by their state, and that it was to the state that of the world that did not dare have heavenly Father. people thought we should direct our hope until they saw John Paul II. We thank our heavenly Father that worship. The power was understood by those we were able to know this man and to A young Pole named Lech Walesa tyrants who feared that John Paul II benefit by his love for us and the love had not yet dreamed that a simple con- would come to them, would visit their of God. We will profit and do service to cept like solidarity could overcome the land and inspire those people. This was our children if we remember the words awesome forces of fear and oppression understood by the communist masters of this man who will soon be known that were the Soviet system; that is, of Poland, when the newly installed across history as John Paul the Great. until another son of Poland had as- Pope made his first visit there in 1979, Freedom has continually to be won; cended to the throne of St. Peter and returning to the land of his youth, of it cannot merely be possessed. It comes did what he would do for the rest of his his first flock as a young priest. as a gift, but can only be kept with a life: He provided the world with a bril- The Soviet system knew that it had struggle. Gift and struggle are written liant example of the best of humanity. met its match when one-third of all of into pages, hidden yet open. John Paul II knew better than the the people in Poland turned out to wit- Mr. FRANKS of Arizona. I now yield conventional wisdom of the intelligen- ness the homecoming of their native to the gentleman from Iowa (Mr. KING) tsia, of those who had surrendered son. The only thing for the Soviets to for 5 minutes. their birthright, who had chosen to do was to tremble, and the trembling Mr. KING of Iowa. I thank the gen- obey the commands of the state, who that started that day did not end until tleman for yielding and for organizing had ceased to recognize the demands of the Berlin Wall came down 12 years this special hour that we have here in the respect for human dignity. later. the United States Congress to com- The last few outposts of repression memorate the life of a man so well 1745 b that remain in our world today deeply lived, I am hard pressed to even sug- He believed that communism would fear the loss of their power by the gest another individual contemporary fall and freedom reign, because com- words and the actions of a simple man of mine who can compete in that cat- munism at its core represented a false who would bring a measure of freedom. egory, a life extraordinarily well lived, understanding of human nature. He It was a simple, yet eternal, message of a life that began in Poland in 1920, May knew that totalitarianism in all of its faith in the almighty. It almost defies 18, a month after my mother was born. forms would fall. He was in a position our pitiful ability to comprehend just And as he lived through that life in to know this because of the cruel and how different the world is today as we Poland, and he saw the Nazi pressure harsh experience he gained having seen celebrate this man’s life and mourn our come on the border, and as that border them both up front and close as a having lost him. pressure became the invasion of Poland youth, as Poland was plagued by both On my bookshelf at home I have a in September of 1939, he was a young Nazi fascism and then communism. well-read book of George Geigel’s biog- man, a young man the son of a poor He saw from an up-close vantage raphy of John Paul II titled, I think soldier, a young man who was at that what is possible when authority is per- appropriately, ‘‘Witness to Hope.’’ Bil- time already a theologian, a student, a verted to a philosophy contemptuous of lions of people around the world saw philosopher, an actor, and a writer of life. He wrote to a friend, while a car- this man in that way, whether in the plays. dinal, that a degradation, indeed a pul- full vigor of his youthful pontificate or And as the Nazis occupied Poland verization, of the fundamental unique- in his advanced years. For billions of through that period of time, during the ness of each human person was at the people around the world, the sight of Second World War, some of that work heart of the sickness in the human this man was to see hope. He stood for needed to go underground. It needed to heart that made the tragedies of the Catholicism and all of the principles; stay underground when the Soviets 20th century possible; that when this yet he was appreciated by all people took over. happens, as it did in the totali- around the world. But he lived a life where he saw the tarianism ideologies of communism Here was a man who, while standing Nazi Holocaust, he saw the totali- and fascism, the result was the unnatu- for his faith, brought the essence of tarianism that came with the Nazis, ral death of 120 million people in Eu- freedom to everyone unapologetically. and he saw the oppression that came rope and Asia. His 26-year Papacy saw him take this with the communists and the Soviet This truth is epitomized in an image message to every corner of the world. Union. It gave him a perspective that seared in the collective memory of the He was seen by more of his flock than could not be gained perhaps anywhere world, when the Pope went to the Holy perhaps all of his 263 predecessors com- else on the planet but there. Land, bowed in remembrance over the bined. He reached out to Jews, Mus- And those of us who believe in provi- memorial flame in Yad Vashem, the lims, Protestants, and the Eastern Or- dence know very well that God put him Jewish Holocaust memorial. thodox Church. He took the time to there. And he put him there for us, for The experience of this youth in- learn at least a few phrases in over 100 so many things that we have benefited formed his mission as a Pontiff and was different languages just so that he from over those ensuing years, those 65 made possible because of his indomi- could communicate his message of years from 1920 until 1985, as he lived table faith in the Creator. hope at every place that he visited. underneath the Nazis and the Soviet He fiercely pursued an agenda that His message of human dignity is un- Union, and underneath the totali- life in all of its forms is sacred because derstood in every language, and it was tarianism that came with that. it is created by God, especially human understood in every land he saw during Yet he emerged as Pope, unheard of, life, which is created in his image. Sta- the generation he served humanity and unheard of and unnamed. In fact, I lin once derisively remarked that the God as the bishop of Rome. have an interesting personal anecdote Pope was a relatively powerless person, In one of his many writings, he ar- to this, that Pope John Paul now re- a mere figurehead, once famously ask- gued that humanity is right to seed ferred to as the first, lived only 32 days

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.091 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1835 after he was named Pope, and ascended When that Wall came down, the Iron Mr. FRANKS of Arizona. Mr. Speak- to the Papacy and died, another period Curtain came crashing down. It could er, I want to just thank all of my col- of time, we were in that unknown pe- not have come down without Pope leagues that joined in this tribute to riod of time when we did not know who John Paul and his message. And it was this noble leader of over a billion the next Pope would be. That went on a historical miracle the way that free- Catholics, and I just suggest, Mr. for days and several weeks. dom echoed across the Eastern Euro- Speaker, that this is one Baptist who is Early in that process I had no idea pean nations, the square in Prague, very grateful that Karol Wojtyla who the next Pope would be. I had not people rattling their keys. They held walked our way. even looked at names or studied that their keys in the air, and shook their We are grateful for his courage to or tried to handicap that decision that keys. They shook their keys for free- stand against the Soviet communism. would come out of the conclave. But I dom the way that they held up the We are grateful for his courage to remember that I had a dream one color orange in the Ukraine, which we stand against the Nazis. We are grate- night, and I woke up in the morning heard from today; and the way they ful for his courage to stand for that and I said to my wife, Marilyn, I said, waved the Lebanese flag in the square imago dei, that image of God, in every I had a funny dream last night. I in Beruit today, that was a peaceful as- human being, for his commitment to dreamed that our new Pope would be sembly of freedom in Prague growing human dignity. Polish, and he named himself John from and being from that inspiration of We are grateful most of all, Mr. Paul II. be not afraid, be courageous. Speaker, that he reminded us that we And we laughed. It sounded so ridicu- He was consistent; he believed in the are the Easter people, that ours is a lous that there would be a Pope who principles of the Bible and the Church solemn hallelujah, and that we need wasn’t named, and especially from Po- as being immortal and faced with the never be afraid again. land that would ascend to the Papacy. modern religion that says that the Mr. Speaker, on behalf of all my col- And that joke was a joke amongst us. Bible needs to be read in light of con- leagues, I wish this great, noble leader And then when he was named Pope, a temporary values. He rejected that an eternal godspeed and a conviction Polish Pope, John Paul II, and that lit- kind of philosophy because the Church that he has heard those words that are tle insight came true, I had no idea has to stand for timeless values, not the greatest words any human being what kind of a man he would be; but changing and fluctuating values. can hear, and that being, Well done, one of the first things he did in his first His courage in the face of life, on the thou good and faithful servant. foreign trip was go back to Poland. issue of marriage, the issue of peace, f all of those things together, the sanc- There he was seen by one-third of the THE ORDEAL OF TERRI SCHIAVO tity of human life has been an inspira- population of Poland, and the stops AND THE RIGHT TO LIFE tion for many of us on marriage and that he made people coming out of the The SPEAKER pro tempore (Mr. mountains by the millions. the family. DENT). Under the Speaker’s announced They wore their best holiday cloth- This was an issue that floated across policy of January 4, 2005, the gen- ing. They played musical instruments, this country throughout the last elec- tions. And 11 States went to the polls tleman from Texas (Mr. PAUL) is recog- a great celebration and honor for this nized for 60 minutes. Pope. The son of Poland had returned and said they stood for marriage; many of those people went to the polls in- Mr. PAUL. Mr. Speaker, today in as his first foreign trip from the Vati- this Special Order I want to address can. spired by John Paul II and his consist- ency in values, his consistency in faith, two subjects, the first being the ordeal And his message was, Be not afraid. of Terri Schiavo and the right-to-life Today we hear that message in the his consistency in the value of human life and how important the family is as issue. countries around the world. If you can Mr. Speaker, clearly no one wins in lift that veil of fear, if you can lift it in the unit, the unit through which all of our values, our religious values, our the legal and political battles over the East Germany, or if you can lift it in death of Terri Schiavo. Although it has Iraq or Iran or Lebanon today when work ethic, our culture as a people, flows through that unit of a man and a been terribly politicized, a valuable de- people are no longer afraid, they can do bate has emerged. This debate is not great things. women joined together in holy matri- mony and children, and passing those about abortion or euthanasia in gen- And that ‘‘be not afraid’’ message is eral, nor about death in the abstract. It the message that we hear every time values along to the next generation. That human unit of the nuclear family is about an individual’s right to life from the mainstream news media and the value of life itself. Without today when they say the veil of fear is the key to civilization. And if we fail in his message to hold concern for the life of each, individual has been lifted off of Lebanon today, our families together in this country liberty is meaningless and indefensible. that is the people’s message. That is and on this planet, we have failed hu- This debate deals with the passive Pope John Paul II’s message from 1978 manity. That is part of the legacy as treatment of the critically and termi- that still echoes and still inspires for well as the inspiration to stand with nally ill. This type of decision is man- freedom. Be not afraid. If you would those principles. There was no com- ageable most of the time without gov- listen to Lech Walesa today, all the promise with evil with John Paul II. He ernment interference, but cir- times that they tried to organize Soli- knew evil. He faced evil daily, and he cumstances in this case made it dif- darity in Poland and were unable to do stood for peaceful and high godly pur- ficult to determine proper guardian- so until Pope John Paul came and car- poses. There was no compromise with ship. The unprecedented level of gov- ried that message. wrong. If you compromise with wrong, ernment involvement, questions about And people stood up and his message it becomes part wrong. If it is part which branch of government had the also was, be peaceful. We do not need a wrong, it is all wrong. ultimate say, and what the explicit in- violent revolution. We need a peaceful tent of the patient was brought na- revolution of people who are not afraid. b 1800 tional attention to what was otherwise That message of be not afraid brought He stood with those principles that a family conflict. Poland into freedom for the first of the consist in ethic of the Catholic Church. Terri Schiavo is a unique case, and, Eastern Bloc countries. And that mes- It is the sanctity of human life, and no unfortunately, her fate ended up in the sage of, be not afraid when the Wall one could have stood for that any hands of the lawyers, the judges and came down on November 9 of 1989, and greater than John Paul II. We stand the legislators. The media certainly the people crawled over the Wall and here today, yes, in mourning, but in did their part in disrupting her final climbed on it and celebrated and chis- great celebration, great celebration for days. eled pieces out of it, and I have a piece a life so well lived that we can give In a free society, the doctor and the of the Berlin Wall in my office here in thanks to his legacy for time immemo- patient, or his or her designated Congress, and that piece symbolizes rial, and I pray that we will also refer spokesperson, make the decision, short the single most significant historical to him as John Paul, the Great. of using violence, in dealing with death event in my lifetime, the end of the I appreciate the gentleman from Ari- and dying issues. The government Cold War. zona (Mr. FRANKS) yielding. stays out of it.

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.093 H06PT1 H1836 CONGRESSIONAL RECORD — HOUSE April 6, 2005 This debate, though, shows that one troversy, they frequently used an anal- sands of unnecessary deaths. While the life is indeed important. It is not an es- ogy that could never persuade those of killing of the innocent unborn rep- oteric subject. It is a real life involved us who believe in a free society guided resents a morally decadent society, and and a personal issue we cannot ignore, by the constraints of the Constitution. all life deserves an advocate, including especially in this age of Medicare, with They argued that if conservatives who Terri Schiavo, promoting a policy of government now responsible for most supported prolonging Terri’s life would deadly sanctions and all-out war of the medical bills. only spend more money on welfare, against a nation that committed no act We are rapidly moving toward a time they would demonstrate sincere con- of aggression against us cannot come when these decisions will be based on cern for the right to life. This is false close to being morally consistent or de- the cost of care alone, since govern- logic and does nothing to build the case fendable under our Constitution. ment pays all the bills under national for a local government solution to a The one issue generally ignored in health care. As we defer to the state feeding tube debate. the Schiavo debate is the subtle influ- for our needs, and parental power is First, all wealth transfers depend on ence the cost of care for the dying had transferred to government, it is cas- an authoritarian state willing to use on the debate. Government-paid care ually expected that government will be lethal force to satisfy the politicians’ clouds the issue, and it must be noted making more and more of these deci- notion of an unachievable fair society. that the courts ruled out any privately sions. This has occurred in education, Robbing Peter to pay Paul, no matter paid care for Terri. It could be embar- general medical care and psychological how well intentioned, can never be jus- rassing in a government-run nursing testing. The government now can pro- tified. It is theft plain and simple and home to see some patients receiving tect the so-called right of a teenager to morally wrong. Actually, welfare is extra care from families while others have an abortion, sometimes paid for antiprosperity so it cannot be prolife. are denied the same. However, as time by the government, without notifying Too often good intentions are moti- goes on, the economics of care will play the parents. vated only by the good that someone even a greater role since under social- Free-market medicine is not perfect, believes will result from the transfer ized medicine the state makes all the but it is the best system to sort out program. They never ask who must decisions based on affordability. Then these difficult problems, and it did so pay, who must be threatened, who there will be no debate, as we just wit- for years. must be arrested and imprisoned. They nessed in the case of Terri Schiavo. Eventually government medicine never ask whether the welfare funds Having practiced medicine in simpler surely will ignore the concern for a sin- taken by forcible taxation could have times, agonizing problems like we just gle patient as a person, and instead, a helped someone in a private or vol- witnessed in this case did not arise. computer program and cost analysis untary way. Yes, similar medical decisions were will make the determination. It will be Practically speaking, welfare rarely made and have been made for many, said to be more efficient, though mor- works. The hundreds of billions of dol- many years, but lawyers were not in- ally unjustified, to allow a patient to lars spent on the war on poverty over volved, nor the courts, nor the legisla- die by court order rather than permit- the last 50 years has done little to tors, nor any part of the government; ting family and friends to assume re- eradicate poverty. Matter of fact, only the patient, the patient’s family sponsibility for the cost of keeping pa- worthwhile studies show that poverty and the doctor. No one would have tients alive. is actually made worse by government dreamed of making a Federal case of There is plenty of hypocrisy to go efforts to eradicate poverty. Certainly the dying process. around on both sides of this lingering the whole system does nothing to build A society and a government that lose and prolonged debate. In this instance, self-esteem, and more often than not respect for life help create dilemmas of we heard some very sound arguments does exactly the opposite. this sort. Today there is little respect from the left defending States rights My suggestion to my colleagues who for life; witness the number of abor- and family responsibility while criti- did argue convincingly that Congress tions performed each year. There is lit- cizing the Federal Government in- should not be involved in the Schiavo tle respect for liberty; witness the volvement. I am anxious for the day case is please consider using these rules and laws that regulate our every when those who made these arguments same arguments consistently, and move. There is little respect for peace; join me in defending the Constitution avoid the false accusation that if one witness our eagerness to initiate war and States rights, especially the 9th opposes increases in welfare, one is not to impose our will on others. Trag- and 10th amendment, on many other prolife. Being proliberty and pro-Con- ically, government financing of the el- economic and social issues. I will not stitution is indeed being prolife, as derly, out of economic necessity, will hold my breath. well as proprosperity. usher in an age of euthanasia. More importantly, where are those Conservatives, on the other hand, are The accountants already have cal- who rightfully condemn congressional equally inconsistent in their argu- culated that if the baby-boomer gen- meddling in the Schiavo case because ments for life. There is little hesitation eration is treated to allow maximum of federalism and separation of powers by the conservative right to come to longevity without quality of life con- on the issue of abortion? These same Congress to promote their moral agen- cerns, we are talking about $7 trillion folks strongly defend Roe v. Wade and da, even when it is not within the juris- in additional medical costs. Econo- the so-called constitutional right to diction of the Federal Government to mists will determine the outcome, and abort healthy human fetuses at any do so. personal decisions will vanish. Na- stage. There is no hesitation to demand Take, for instance, the funding of tional health care, of necessity, will al- support of this phony right from both faith-based charities. The process is of ways conflict with personal choices. Congress and the Federal courts. Not little concern to conservatives if their Compounding the cost problems that only do they demand Federal legal pro- agenda is met by passing more Federal will lead to government-ordered eutha- tection for abortion, they insist that laws and increasing spending. Instead nasia is the fact that costs always sky- abortion foes be forced to fund this act of concentrating on the repeal of Roe v. rocket in government-run programs. that many of them equate with mur- Wade and eliminating Federal judici- This is true whether it is a $300 ham- der. ary authority over issues best dealt mer for the Pentagon or an emergency It is too bad that philosophic consist- with at the State level, more Federal room visit for a broken toe, and in ad- ency and strict adherence to the Con- laws are passed which, strictly speak- dition, deficit financing, already epi- stitution are not a high priority for ing, should not be the prerogative of demic because of our flawed philosophy many Members, but perhaps this flexi- the Federal Government. of guns and butter, always leads to in- bility in administering the rule of law The biggest shortcoming of the flation when a country operates on a helps create problems such as we faced Christian right position is its paper money system. in the Schiavo ordeal. adamancy for protecting life in its very Without a renewal in the moral fiber Though the left produced some out- early, late and weakened stages, while of the country and respect for the con- standing arguments for the Federal enthusiastically supporting aggressive stitutional rule of law, we can expect a Government staying out of this con- war that results in hundreds of thou- lot more and worse problems than we

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.094 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1837 witnessed in the case of Terri Schiavo. purported benefits of Saddam Hussein’s in place and the next election, sup- When dying and medical care becomes removal from power. The real question posedly the real one, is not likely to solely a commercial event, we will long ought to be this: Are we better off with take place on time. Do the American for the days of debating what was best a foreign policy that promotes regime people have any idea who really won for Terri. change while justifying war with false the dubious election at all? Hopefully this messy debate will lead information? Shifting the stated goals The Oil-for-Food scandal under Sad- more Members to be convinced that all as events unravel should not satisfy dam Hussein has been replaced by cor- life is precious, that family and patient those who believe war must be a last ruption in the distribution of U.S. wishes should be respected, and that resort used only when our national se- funds to rebuild Iraq. Already there is government jurisprudence and financ- curity is threatened. an admitted $9 billion discrepancy in ing fall far short of providing a just so- How much better off are the Iraqi the accounting of these funds. The lution in these difficult matters. people? Hundreds of thousands of overbilling by Halliburton is no secret, WHO’S BETTER OFF? former inhabitants of Fallujah are not but the process has not changed. Mr. PAUL. On another subject deal- better off with their city flattened and The whole process is corrupt. It just ing more with foreign policy, I would their homes destroyed. Hundreds of does not make sense to most Ameri- like to address what is going on in thousands are not better off living with cans to see their tax dollars used to Iraq. foreign soldiers patrolling their fight an unnecessary and unjustified Mr. Speaker, whenever the adminis- streets, curfews, and the loss of basic war. First, they see American bombs tration is challenged regarding the suc- utilities. A hundred thousand dead destroying a country, and then Amer- cess of the Iraq War or regarding the Iraqis, as estimated by the Lancet ican taxpayers are required to rebuild false information used to justify the Medical Journal, certainly are not bet- it. Today it is easier to get funding to war, the retort is, ‘‘Aren’t the people of ter off. Better to be alive under Sad- rebuild infrastructure in Iraq than it is Iraq better off?’’ The insinuation is dam Hussein than lying cold in some to build a bridge in the United States. that anyone who expresses any reserva- grave. Indeed, we cut the Army Corps of Engi- tions about supporting the war is an Praise for the recent election in Iraq neers’ budget and operate on the cheap apologist for Saddam Hussein and has silenced many critics of the war. with our veterans as the expenditures every ruthless act he ever committed. Yet the election was held under mar- in Iraq skyrocket. The short answer to the question of tial law implemented by a foreign One question the war promoters do whether the Iraqis are better off is that power, mirroring the conditions we not want to hear asked, because they it is still too early to declare, ‘‘Mission rightfully condemned as a farce when do not want to face up to the answer, is accomplished.’’ But more importantly, carried out in the old Soviet system this: Are Christian Iraqis better off we should be asking if the mission was and more recently in Lebanon. Why is today since we decided to build a new ever justified or legitimate in the first it that what is good for the goose is not Iraq through force of arms? The answer place. Is it legitimate to justify an ac- always good for the gander? is plainly, no. tion that some claim yielded good re- Our government fails to recognize Sure, there are 800,000 Christians liv- sults, if the means used to achieve that legitimate elections are the con- ing in Iraq, but under Saddam Hussein them are illegitimate? Do the ends jus- sequence of freedom and that an artifi- they were free to practice their reli- tify the means? cial election does not create freedom. gion. Tariq Aziz, a Christian, served in In our own history, we note that free- b 1815 Saddam Hussein’s cabinet as foreign dom was achieved first and elections minister, something that would never The information Congress was given followed, not the other way around. happen in Saudi Arabia, Israel, or any prior to the war was false. There were One news report claimed that the other Middle Eastern country. Today, no weapons of mass destruction; the Shiites actually received 56 percent of Iraqis did not participate in the 9/11 at- the vote, but such an outcome could the Christian churches in Iraq are tacks; Osama bin Laden and Saddam not be allowed for it would preclude a under attack and Christians are no Hussein were enemies and did not con- coalition of the Kurds and the Shiites longer safe. Many Christians have been spire against the United States; our se- from controlling the Sunnis and pre- forced to flee Iraq and migrate to curity was not threatened; we were not venting a theocracy from forming. This Syria. It is strange that the human welcomed by cheering Iraqi crowds as reminds us of the statements made rights advocates in the U.S. Congress we were told; and Iraqi oil has not paid months ago by Secretary Rumsfeld have expressed no concern for the per- any of the bills. when asked about a Shiite theocracy secution now going on against Chris- Congress failed to declare war, but emerging from a majority democratic tians in Iraq. Both the Sunni and the instead passed a wishy-washy resolu- vote, and he assured us that would not Shiite Muslims support the attacks on tion citing U.N. resolutions as jus- happen. Democracy, we know, is messy the Christians. In fact, persecuting tifications for our invasion. After the and needs tidying up a bit when we do Christians is one of the few areas in fact, now we are told the real reason not like the results. which they agree; the other being the for the Iraqi invasion was to spread de- Some have described Baghdad, and removal of all foreign forces from Iraqi mocracy, and that the Iraqis are better especially the Green Zone, as being soil. off. Anyone who questions the war surrounded by unmanageable territory. Considering the death, destruction, risks being accused of supporting Sad- The highways in and out of Baghdad and continued chaos in Iraq, it is dif- dam Hussein, disapproving of democ- are not yet secure. Many anticipate a ficult to accept the blanket statement racy, or ‘‘supporting terrorists.’’ It is civil war will break out sometime soon that the Iraqis all feel much better off implied that lack of enthusiasm for the in Iraq. Some claim it is already under with the U.S. in control rather than war means one is not patriotic and way. Saddam Hussein. Security in the does not support the troops. In other We have seen none of the promised streets and criminal violence are not words, one must march lockstep with oil production that was supposed to anywhere near being under control. the consensus or be ostracized. provide grateful Iraqis with the means But there is another question that is However, conceding that the world is to repay us for the hundreds of billions equally important: Are the American better off without Saddam Hussein is a of dollars that American taxpayers people better off because of the Iraq far cry from endorsing the foreign pol- have spent on the war. Some have jus- war? icy of our own government that led to tified our continuous presence in the One thing for sure, the 1,500-plus dead regime change. In time it will become Persian Gulf since 1990 because of a American soldiers are not better off. clear to everyone that support for the need to protect ‘‘our’’ oil. Yet now that The nearly 20,000 injured or sickened policies of preemptive war and inter- Saddam Hussein is gone and the occu- American troops are not better off. The ventionist nation-building will have pation supposedly is a great success, families, the wives, the husbands, chil- much greater significance than the re- gasoline at the pumps is reaching dren, parents, and friends of those who moval of Saddam Hussein itself. record highs, approaching $3 a gallon. lost so much are not better off. The The interventionist policy should be Though the Iraqi election has come families and the 40,000 troops who were scrutinized more carefully than the and gone, there still is no government forced to reenlist against their will, a

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K06AP7.095 H06PT1 H1838 CONGRESSIONAL RECORD — HOUSE April 6, 2005 de facto draft, are not feeling better of the cause, there is a willingness to In the process, Congress and the peo- off. They believe they have been de- sacrifice personal freedoms in pursuit ple have endorsed a usurpation of their ceived by their enlistment agreements. of victory. The real irony is that we own authority, generously delivered to The American taxpayers are not bet- are told we go hither and yon to fight the executive and judicial branches, ter off having spent over $200 billion to for freedom and our Constitution, not to mention international govern- pursue this war, with billions yet to be while carelessly sacrificing the very ment bodies. The concept of national spent. The victims of the inflation that freedoms here at home we are supposed sovereignty is now seen as an issue always accompanies a guns-and-butter to be fighting for. It makes no sense. that concerns only the fringe in our so- policy are already getting a dose of This willingness to give up hard- ciety. what will become much worse. fought personal liberties has been espe- Protection of life and liberty must Are our relationships with the rest of cially noticeable in the atmosphere of once again become the issue that the world better off? I would say no. the post-September 11 war on ter- drives political thought in this coun- Because of the war, our alliances with rorism. Security has replaced liberty try. If this goal is replaced by an effort the Europeans are weaker than ever. as our main political goal, damaging to promote world government, use The anti-American hatred among a the American spirit. Sadly, the whole force to plan the economy, regulate the growing number of Muslims around the process is done in the name of patriot- people, and police the world against world is greater than ever. This makes ism and in a spirit of growing militant the voluntary desires of the people, it nationalism. terrorist attacks more likely than they can be done only with the establish- were before the invasion. Al Qaeda re- These attitudes and fears sur- rounding the 9/11 tragedy and our ea- ment of a totalitarian state. There is cruiting has accelerated. Iraq is being gerness to go to war in the Middle East no need for that. It is up to Congress used as a training ground for the al against countries not responsible for and the American people to decide our Qaeda terrorists, which it never was the attacks have allowed a callousness fate, and there is still time to correct under Hussein’s rule. our mistakes. So as our military recruitment ef- to develop in our national psyche that forts suffer, Osama bin Laden benefits justifies torture and rejects due process of law for those who are suspects and f by attracting pre-terrorist volunteers. Oil was approximately $27 a barrel not convicted criminals. We have come to accept preemptive SPECIAL ORDERS GRANTED before the war; now it is more than war as necessary, constitutional, and By unanimous consent, permission to twice that. I wonder who benefits from morally justifiable. Starting a war address the House, following the legis- this? lative program and any special orders Because of the war, fewer dollars are without a proper declaration is now of no concern to most Americans or the heretofore entered, was granted to: available for real national security and U.S. Congress. Let us hope and pray (The following Members (at the re- defense of this country. Military spend- the rumors of an attack on Iran in quest of Ms. WOOLSEY) to revise and ex- ing is up, but the way the money is June by U.S. Armed Forces are wrong. tend their remarks and include extra- spent distracts from true national de- A large segment of the Christian neous material:) fense and further undermines our credi- community and its leadership think Ms. WOOLSEY, for 5 minutes, today. bility around the world. nothing of rationalizing war in the Mr. PALLONE, for 5 minutes, today. The ongoing war’s lack of success has name of a religion that prides itself on Mr. KIND, for 5 minutes, today. played a key role in diminishing mo- the teachings of the Prince of Peace, Mr. SCHIFF, for 5 minutes, today. rale in our military services. Recruit- who instructed us that blessed are the Mr. DEFAZIO, for 5 minutes, today. ment is sharply down and most peacemakers, not the warmongers. Mr. EDWARDS, for 5 minutes, today. branches face shortages of troops. We casually accept our role as world Ms. CORRINE BROWN of Florida, for 5 Many young Americans rightly fear a policemen and believe we have a moral minutes, today. coming draft, which will be required if obligation to practice nation-building (The following Members (at the re- we do not reassess and change the un- in our image regardless of the number quest of Mr. DUNCAN) to revise and ex- realistic goals of our foreign policy. of people who die in the process. tend their remarks and include extra- The appropriations for the war are We have lost our way by rejecting neous material:) essentially off-budget and obscure, but the beliefs that made our country Mr. KIRK, for 5 minutes, today. contribute nonetheless to the runaway great. We no longer trust in trade, Mr. GINGREY, for 5 minutes, today. deficit and increase in the national friendship, peace, the Constitution, and debt. If these trends persist, inflation the principle of neutrality while avoid- f with economic stagnation will be the ing entangling alliances with the rest inevitable consequences of a mis- of the world. Spreading the message of ADJOURNMENT directed policy. hope and freedom by setting an exam- Mr. PAUL. Mr. Speaker, I move that One of the most significant con- ple for the world has been replaced by the House do now adjourn. sequences in times of war that we a belief that the use of armed might is The motion was agreed to; accord- ought to be concerned about is the in- the only practical tool to influence the ingly (at 6 o’clock and 30 minutes evitable loss of personal liberty. Too world. And we have accepted, as the p.m.), under its previous order, the often in the patriotic nationalism that only superpower, the principle of initi- House adjourned until Friday, April 8, accompanies armed conflict, regardlessh ating war against others. 2005, at 10 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the first quarter of 2004 and the first quarter of 2005, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. ALCEE HASTINGS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 22 AND FEB. 26, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Alcee L. Hastings ...... 2/22 2/26 Austria ...... 583.68 760.00 ...... 583.68 760.00

Committee total ...... 760.00 ...... 760.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ALCEE L. HASTINGS, Mar. 8, 2005.

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 8634 E:\CR\FM\K06AP7.096 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1839 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. FRED TURNER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 23 AND FEB. 26, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Fred L. Turner ...... 2/23 2/26 Austria ...... 436.05 570.00 ...... 436.05 570.00 Committee total ...... 570.00 ...... 570.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FRED L. TURNER, Mar. 3, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. KYLE NEVINS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 21 AND MAR. 1, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Kyle W. Nevins ...... 2/21 3/1 China ...... 7,388.91 894.00 ...... 5,889.02 ...... 6,783.02 Committee total ...... 894.00 ...... 5,889.02 ...... 6,783.02 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KYLE W. NEVINS, Mar. 16, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. DAVID BELLIS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 21 AND MAR. 1, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

David Bellis ...... 2/21 3/1 China ...... 7,388.91 894.00 ...... 5,889.02 ...... 6,783.02 Committee total ...... 894.00 ...... 5,889.02 ...... 6,783.02 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAVID BELLIS, Mar. 15, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MS. ANNE BURESH, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 21 AND MAR. 1, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Anne Buresh ...... 2/21 3/1 China ...... 7,388.91 894.00 ...... 5,507.02 ...... 6,783.02 195.00 187.00 Committee total ...... 894.00 ...... 5,889.02 ...... 6,783.02 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ANNE BURESH, Mar. 23, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. KENNY KRAFT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 21 AND MAR. 1, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Kenny Kraft ...... 2/21 3/1 China ...... 894.00 ...... 5,908.58 ...... 6,802.58 Committee total ...... 894.00 ...... 5,908.58 ...... 6,802.58 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KENNY KRAFT, Mar. 24, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ISRAEL, JORDAN, IRAQ, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 13 AND DEC. 16, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Roy Blunt ...... 12 /13 12 /14 Israel ...... 3,088.00 ...... 3,088.00 Hon. Steny Hoyer ...... 12 /14 12/15 Jordan ...... 2,032.00 ...... 2,032.00 Hon. Ben Cardin ...... 12/15 12/15 Iraq ...... Hon. Tom Cole ...... 12/15 12/16 Ireland ...... 3,032.00 ...... 3,032.00 Hon. Mark Kirk ...... Brian Gaston ...... Geoff Plague ...... Brian Diffell ...... Committee total ...... 8,152.00 ...... 8,152.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROY BLUNT, Chairman, Jan. 14, 2005.

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 8634 E:\CR\FM\A06AP7.070 H06PT1 H1840 CONGRESSIONAL RECORD — HOUSE April 6, 2005 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MEXICO-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jim Kolbe ...... 5/13 5/16 Mexico ...... 797.69 ...... 797.69 Hon. Cass Ballenger ...... 5 /13 5 /16 Mexico ...... 335.05 ...... 335.05 Hon. David Dreier ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Hon. Charles Stenholm ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Hon. Joe Barton ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Hon. Donald Manzullo ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Hon. Jerry Weller ...... 5 /13 5 /16 Mexico ...... 335.05 ...... 335.05 Fran McNaught ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Patrick Baugh ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Jim Farr ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Jean Carroll ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Amy Serck ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Paul Oostburg Sanz ...... 5/13 5/16 Mexico ...... 335.05 ...... 335.05 Brad Smith ...... 5 /13 5 /16 Mexico ...... 335.05 ...... 335.05 Jean Carroll ...... 4/29 4/30 Mexico ...... 1,868.77 ...... 16.00 ...... 1,884.77 Caleb McCarry ...... 4/29 4/30 Mexico ...... 456.84 ...... 1,868.77 ...... 50.00 ...... 2,375.61 Patrick Baugh ...... 10 /20 10 /22 United States ...... 667.29 ...... 511.71 ...... 1,179.00 Delegation expenses: Representational ...... 6,772.38 ...... 6,772.38 Interpreters ...... 3,390.00 ...... 3,390.00 Miscellaneous ...... 60.31 ...... 60.31 Payment to Treasury of accrued interest ...... 192.52 ...... 192.52

Committee total ...... 6,277.47 ...... 4,249.25 ...... 10,481.21 ...... 21,007.93

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM KOLBE, Chairman, Feb. 28, 2004.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRITISH AMERICAN INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Michael Bilirakis ...... 7/16 7/18 USA ...... 1,561.51 ...... 1,561.51 Hon. John Boozman ...... 7/16 7/18 USA ...... 1,561.51 ...... 1,561.51 Hon. Vernon Ehlers ...... 7 /16 7 /18 USA ...... 1,310.54 ...... 1,310.54 Hon. Gil Gutknecht ...... 7/16 7/18 USA ...... 1,561.51 ...... 1,561.51 Hon. Thomas Petri ...... 7/16 7/18 USA ...... 1,561.51 ...... 1,561.51 Hon. Bart Stupak ...... 7/16 7/18 USA ...... 2,078.68 ...... 2,078.68 Debra Gebhardt ...... 7/16 7/18 USA ...... 1,310.54 ...... 1,310.54 Frances Marcucci ...... 7/16 7/18 USA ...... 1,310.54 ...... 491.20 ...... 1,801.74 Vince Morelli ...... 7 /16 7 /18 USA ...... 1,310.54 ...... 1,310.54 Walker Roberts ...... 7/16 7/18 USA ...... 1,310.54 ...... 1,310.54 Sam Stratman ...... 7/16 7/18 USA ...... 1,310.54 ...... 1,310.54 Delegation Expenses: Representational ...... 40,645.66 ...... 40,645.66 Payment to Treasury of accrued interest ...... 477.88 ...... 477.88 Miscellaneous ...... 610.30 ...... 610.30 Committee total ...... 16,187.96 ...... 491.20 ...... 41,733.84 ...... 58,413.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. THOMAS E. PETRI, Feb. 15, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA-U.S. INTERPARLIAMENTARY GROUP, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Amo Houghton ...... 06/17 06/21 ...... 1,470.87 ...... 1,470.87 Hon. Phil English ...... 06/17 06/21 ...... 1,210.52 ...... 1,210.52 Hon. Eni Faleomavaega ...... 06 /17 06/17 ...... 261.45 ...... 261.45 Hon. Don Manzullo ...... 06/17 06/21 ...... 1,059.08 ...... 1,059.08 Hon. Clay Shaw ...... 06 /17 06/21 ...... 1,216.36 ...... 1,216.36 Hon. Nick Smith ...... 06/17 06/21 ...... 1,047.80 ...... 1,047.80 Hon. Cliff Stearns ...... 06/17 06 /21 ...... 1,056.07 ...... 1,056.07 Hon. Mark Souder ...... 06 /17 06 /21 ...... 1,094.80 ...... 1,094.80 Hon. Thomas Tancredo ...... 06/17 06/21 ...... 1,083.14 ...... 1,083.14 Dr. John Eisold ...... 06 /17 06 /21 ...... 1,083.05 ...... 1,083.05 Liberty Dunn ...... 06/17 06/21 ...... 1,175.47 ...... 1,175.47 Carl Ek ...... 06 /17 06 /21 ...... 1,070.64 ...... 1,070.64 Chelsi Stevens ...... 06/17 06/21 ...... 1,074.10 ...... 1,074.10 Bob Van Wicklin ...... 06/18 06 /21 ...... 812.73 ...... 635.70 ...... 1,448.43 Lodging and Miscellaneous ...... 1,580.04 ...... 1,580.04 Delegation Expenses: Representational Functions ...... 49,434.55 ...... 49,434.55 Miscellaneous (Payment of Accrued Interest) ......

Committee total ...... 16,296.12 ...... 635.70 ...... 49,599.99 ...... 66,531.81

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DONALD A. MANZULLO, Chairman, Mar. 10, 2005.

VerDate Aug 04 2004 04:16 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 8634 E:\CR\FM\A06AP7.070 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1841 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE NATO PARLIAMENTARY ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 11/30 12/05 Bulgaria, Romania, Slovenia ...... 6,384.69 ...... 2/17 N /A Belgium (trans. to France) ...... 140.65 ...... 6,525.34 Michael Ennis ...... 11 /30 N /A Bulgaria, Romania, Slovenia ...... 3,511.40 ...... 3,511.40 Vince Morelli ...... 11 /30 12/05 Bulgaria, Romania, Slovenia ...... 6,384.69 ...... 6,384.69 Susan Olson ...... 6/30 7/03 California, United States ...... 768.47 ...... 744.30 ...... 1,512.77 Patrick Prisco ...... 11/11 N /A Italy (trans. to Venice) ...... 116.04 ...... 116.04 Mark Wellman ...... 6 /30 7 /04 California, United States ...... 653.84 ...... 890.20 ...... 1,544.04 Lodging and Miscellaneous ...... 608.25 ...... 608.25 Delegation Expenses: Representational Functions ...... 39,345.92 ...... 39,345.92 Miscellaneous ...... 2,698.97 ...... 2,698.97 Committee total ...... 2,030.56 ...... 18,171.97 ...... 42,044.89 ...... 62,247.42 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOEL HEFLEY, Chairman, Mar. 7, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO TRANSATLANTIC LEGISLATORS’ DIALOGUE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND DEC. 31, 2004

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Chris Connelly ...... 11/13 11 /16 United States ...... 841.81 ...... 841.81 Hon. Jo Ann Davis ...... 11/13 11/16 United States ...... 909.51 ...... 909.51 Hon. Phil English ...... 11/13 11/16 United States ...... 944.69 ...... 944.69 Hon. Darrell Issa ...... 11 /13 11/16 United States ...... 841.27 ...... 841.27 Kay King ...... 11/13 11/16 United States ...... 821.25 ...... 821.25 Hon. John Mica ...... 11/14 11/16 United States ...... 574.59 ...... 574.59 Joe Painter ...... 11/13 11/16 United States ...... 865.45 ...... 865.45 Francis Record ...... 11 /13 11/16 United States ...... 930.20 ...... 930.20 John Walker Roberts ...... 11 /13 11 /16 United States ...... 865.25 ...... 865.25 Laura Rush ...... 11/13 11 /16 United States ...... 930.77 ...... 930.77 Amy Serck ...... 11/12 11 /16 United States ...... 1,095.00 ...... 1,095.00 Melissa Smith ...... 11 /13 11/16 United States ...... 821.25 ...... 821.25 Linda Solomon ...... 11 /12 11 /16 United States ...... 1,332.60 ...... 1,332.60 Cliff Stearns ...... 11/14 11 /16 United States ...... 566.79 ...... 108.00 ...... 674.79 Sam Stratman ...... 11/13 11/16 United States ...... 821.25 ...... 821.25 Hillel Weinberg ...... 11/13 11/16 United States ...... 821.25 ...... 821.25 Delegation Expenses: Representational ...... 62,652.94 ...... 62,652.94 Misc...... 508.08 ...... 508.08 Translation ...... 6,100.00 ...... 6,100.00 Committee total ...... 82,843.87 ...... 108.00 ...... 508.08 ...... 83,459.95 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HENRY HYDE, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRAZIL, URUGUAY, PANAMA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 22 AND MAR. 1, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Roy Blunt ...... 2/22 2/23 Brazilia, Brazil ...... 2,058.28 ...... N/A ...... N/A ...... 2,058.88 Hon. Mark Foley ...... 2 /23 2 /25 Uruguay ...... 4,086.39 ...... N/A ...... N/A ...... 4,086.39 Hon. Don Sherwood ...... 2/25 2/28 Brazil ...... 5,181.00 ...... N/A ...... N/A ...... 5,181.00 Hon. Lacy Clay ...... 2 /28 3 /1 Panama ...... 2,596.00 ...... N/A ...... N/A ...... 2,596.00 Hon. Steve Pearce ...... Mildred Webber ...... Neil Bradley ...... Brian Diffell ...... Jessica Ballarger ...... Dr. John Eisold ...... Bill Livingood ...... Committee total ...... 13,922.27 ...... 13,922.27 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROY BLUNT, Chairman, Mar. 24, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRITISH AMERICAB PARLIAMENTARY GROUP MEETINGS IN LONDON, UNITED KINGDOM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 23 AND FEB. 28, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Thomas E. Petri ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. Paul Gillmor ...... 2 /24 2 /28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. Joel Hefley ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. Michael Bilirakis ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. Dennis Moore ...... 2 /24 2 /28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. John Boozman ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. Randy Forbes ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Hon. John Tanner ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 8634 E:\CR\FM\A06AP7.070 H06PT1 H1842 CONGRESSIONAL RECORD — HOUSE April 6, 2005 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRITISH AMERICAB PARLIAMENTARY GROUP MEETINGS IN LONDON, UNITED KINGDOM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 23 AND FEB. 28, 2005—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Debbie Gebhardt ...... 2/23 2/28 United Kingdom ...... 2,320.00 ...... 2,991.10 ...... 5,311.10 Fran Marcucci ...... 2 /23 2 /28 United Kingdom ...... 2,320.00 ...... 2,991.10 ...... 5,311.10 Susan Olson ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Vince Morelli ...... 2 /23 2 /26 United Kingdom ...... 1,446.00 ...... 6,087.33 ...... 7,533.33 Mark Wellman ...... 2 /24 2 /28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Beverly Hallock ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Dr. Kay King ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Kathy Becker ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Candace Bryan Abbey ...... 2/24 2/28 United Kingdom ...... 1,838.00 ...... (3) ...... 1,838.00 Committee total ...... 31,818.00 ...... 12,069.53 ...... 43,887.53 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h THOMAS E. PETRI, Mar. 7, 2005. EXECUTIVE COMMUNICATIONS, tion Regime [CC Docket No. 01-92] T-Mobile March 18, 2005, pursuant to 5 U.S.C. ETC. et al. Petition for Declaratory Ruling Re- 801(a)(1)(A); to the Committee on Energy and garding Incumbent LEC Wireless Termi- Commerce. Under clause 8 of rule XII, executive nation Tariffs — received March 18, 2005, pur- 1394. A letter from the Attorney Advisor, communications were taken from the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Communication Commission, trans- Speaker’s table and referred as follows: mittee on Energy and Commerce. mitting the Commission’s final rule — 1380. A letter from the Comptroller, De- 1388. A letter from the Legal Advisor to the Amendment of the Commission’s Rules Con- partment of Defense, transmitting a report Bureau Chief, Media Bureau, Federal Com- cerning Airport Terminal Use Frequencies in of a violation of the Antideficiency Act by munication Commission, transmitting the the 450-470 MHz Band of the Private Land the Department of the Army, Case Number Commission’s final rule — Amendment of Mobile Radio Services [WT Docket No. 02- 04-01, pursuant to 31 U.S.C. 1517(b); to the Section 73.202(b), FM Table of Allotments, 318; RM-10184] received March 18, 2005, pursu- Committee on Appropriations. FM Broadcast Stations. (Rhinelander, Wis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1381. A letter from the Comptroller, De- consin) [MB Docket No. 04-288; RM-11045] re- on Energy and Commerce. partment of Defense, transmitting a report ceived March 18, 2005, pursuant to 5 U.S.C. 1395. A letter from the Attorney Advisor, of a violation of the Antideficiency Act by 801(a)(1)(A); to the Committee on Energy and Federal Communication Commission, trans- the Department of the Army, Case Number Commerce. mitting the Commission’s final rule — The 03-10, pursuant to 31 U.S.C. 1517(b); to the 1389. A letter from the Legal Advisor to the 4.9 GHz Band Transferred from Federal Gov- Committee on Appropriations. Chief, Media Bureau, Federal Communica- ernment Use [WT Docket No. 00-32] received 1382. A letter from the Comptroller, De- tion Commission, transmitting the Commis- March 18, 2005, pursuant to 5 U.S.C. partment of Defense, transmitting a report sion’s final rule — Amendment of Section 801(a)(1)(A); to the Committee on Energy and of a violation of the Antideficiency Act by 73.202(b), Table of Allotments, FM Broadcast Commerce. the Department of the Army, Case Number Stations. (Nantucket, East Harwich, and 1396. A letter from the Senior Legal Advi- 03-06, pursuant to 31 U.S.C. 1517(b); to the South Chatham, Massachusetts) [MB Docket sor, International Bureau, Federal Commu- Committee on Appropriations. No. 02-72; RM-10399; RM-10639; RM-10640] re- nication Commission, transmitting the Com- 1383. A letter from the Assistant Secretary ceived March 18, 2005, pursuant to 5 U.S.C. mission’s final rule — Procedures to Govern for Homeland Defense, Department of De- 801(a)(1)(A); to the Committee on Energy and the Use of Satellite Earth Stations on Board fense, transmitting a report on assistance Commerce. Vessels in the 5925-6425 MHz/ 3700-4200 MHz provided by the Department of Defense to ci- 1390. A letter from the Legal Advisor to the Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands vilian sporting events in support of essential Bureau Chief, Media Bureau, Federal Com- [IB Docket No. 02-10] received February 9, security and safety, covering the period of munication Commission, transmitting the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the calendar year 2004, pursuant to 10 U.S.C. Commission’s final rule — Amendment of Committee on Energy and Commerce. 2654(e); to the Committee on Armed Services. Section 73.202(b), Table of Allotments, FM 1397. A letter from the Assistant Buerau 1384. A letter from the Principal Deputy Broadcast Stations. (Lake Havasu City, Ari- Chief, Enforcement Bureau, Federal Commu- Under Secretary for Personnel and Readi- zona, and Pahrump, Nevada) [MB Docket No. nication Commission, transmitting the Com- ness, Department of Defense, transmitting 04-224; RM-10853; RM-10854] received March mission’s final rule — Amendment of Part 11 authorization of Brigadier General Vern M. 18, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to of the Commission’s Rules Regarding the Findley II, United States Air Force, to wear the Committee on Energy and Commerce. Emergency Alert System [EB Docket No. 04- the insignia of the grade of major general in 1391. A letter from the Legal Advisor to the 51; RM-10619] received March 18, 2005, pursu- accordance with title 10, United States Code, Bureau Chief, Media Bureau, Federal Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee section 777; to the Committee on Armed munication Commission, transmitting the on Energy and Commerce. Services. Commission’s final rule — Amendment of 1398. A letter from the Legal Advisor to the 1385. A letter from the Acting Under Sec- Section 73.202(b) Table of Allotments, FM Bureau Chief, Media Bureau, Federal Com- retary for Acquisition, Technology, and Lo- Broadcast Stations. (Adams, Massachusetts) munication Commission, transmitting the gistics, Department of Defense, transmitting [MB Docket No. 04-357; RM-11076] (Ashtabula, Commission’s final rule — Amendment of in accordance with Section 647(b) of Division Ohio) [MB Docket No. 04-358; RM-11071] Section 73.202(b), Table of Allotments, FM F of the Consolidated Appropriations Act, (Crested Butte, Colorado) [MB Docket No. 04- Braodcast Stations. (Fort Rucker, Ozark and FY 2004, Pub. L. 108-199, and the Office of 359; RM-11072] (Lawrence Park, Pennsyl- Slocomb, Alabama) [MB Docket No. 04-146; Management and Budget Circular A-76, the vania) [MB Docket No. 04-360; RM-11073] re- RM-10871] received March 18, 2005, pursuant Department’s report on competitive sourcing ceived March 18, 2005, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on efforts for FY 2004; to the Committee on 801(a)(1)(A); to the Committee on Energy and Energy and Commerce. Government Reform. Commerce. 1399. A letter from the Interim Legal Advi- 1386. A letter from the Deputy Assistant 1392. A letter from the Deputy Chief, WCB/ sor, WTB, Federal Communications Commis- Administrator, Office of Diversion Control, TAPD, Federal Communication Commission, sion, transmitting the Commission’s final DEA, Department of Justice, transmitting transmitting the Commission’s final rule — rule — Auction of Direct Broadcast Satellite the Department’s final rule — Recordkeeping Federal-State Joint Board on Universal Licenses [AUC-03-52] received, pursuant to 5 and Reporting Requirements for Drug Prod- Service [CC Docket No. 96-45] National Tele- U.S.C. 801(a)(1)(A); to the Committee on En- ucts Containing Gamma-Hydroxybutyric phone Cooperative Association Petition for ergy and Commerce. Acid (GHB) [Docket No. DEA-234F] (RIN: Reconsideration — received March 18, 2005, 1400. A letter from the Assistant Bureau 1117-AA71) received January 10, 2005, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Chief, International Bureau, Federal Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Energy and Commerce. munications Commission, transmitting the on Energy and Commerce. 1393. A letter from the Assistant Chief, Commission’s final rule — Flexibility of De- 1387. A letter from the Associate Buerau WCB/PPD, Federal Communication Commis- livery of Communications by Mobile Sat- Chief, Federal Communication Commission, sion, transmitting the Commission’s final ellite Service Providers in the 2 GHz Band, transmitting the Commission’s final rule — rule — Presubscribed Interexchange Carrier the L-Band, and the 1.6/2.4 GHz Bands [IB Developing a Unified Intercarrier Compensa- Charges [CC Docket No. 02-53] received Docket No. 01-185] received March 18, 2005,

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.070 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1843 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1409. A letter from the Chairman, Broad- final rule — Subsistence Management Regu- mittee on Energy and Commerce. casting Board of Governors, transmitting a lations for Public Lands in Alaska, Subpart 1401. A letter from the Attorney Advisor, draft of proposed legislation to authorize ap- C and Subpart D — 2005-06 Subsistence Tak- Federal Communications Commission, trans- propriations for Fiscal Years 2006 and 2007 for ing of Fish and Shellfish Regulations (RIN: mitting the Commission’s final rule — The the Broadcasting Board of Governors, pursu- 1018-AT46) received March 16, 2005, pursuant Development of Operational, Technical and ant to the U.S. Information and Educational to 5 U.S.C. 801(a)(1)(A); to the Committee on Spectrum Requirements for Meeting Fed- Exchange Act of 1948, as amended; the Radio Resources. eral, State, and Local Public Safety Commu- Broadcasting to Cuba Act, as amended; the 1421. A letter from the Director, Office of nication Requirements Through the Year Television Broadcasting to Cuba Act, as Hearings and Appeals, Department of the In- 2010 [WT Docket No. 96-86] received March 18, amended; the U.S. International Broad- terior, transmitting the Department’s final 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the casting Act of 1994, as amended; and the For- rule — Probate of Indian Trust Estates (RIN: Committee on Energy and Commerce. eign Affairs Reform and Restructuring Act 1094-AA50) received March 2, 2005, pursuant 1402. A letter from the Attorney Advisor, of 1998; to the Committee on International to 5 U.S.C. 801(a)(1)(A); to the Committee on Federal Communications Commission, trans- Relations. Resources. mitting the Commission’s final rule — Im- 1410. A letter from the Acting Assistant 1422. A letter from the Deputy Assistant plementation of Sections 309(j) and 337 of the Secretary for Legislative Affairs, Depart- Administrator for Regulatory Programs, Communications Act of 1934 as Amended [WT ment of State, transmitting the Depart- NMFS, National Oceanic and Atmospheric Docket No. 99-87] Promotion of Spectrum Ef- ment’s report entitled ‘‘Country Reports on Administration, transmitting the Adminis- ficient Technologies on Certain Part 90 Fre- Human Rights Practices for 2004,’’ pursuant tration’s final rule — Pacific Halibut Fish- quencies (RM-9332) received March 18, 2005, to Pub. L. 107-228, Sec. 638; to the Committee eries; Catch Sharing Plan [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on International Relations. 050216042-5042-01; I.D.021105E] (RIN: 0648-AT06) mittee on Energy and Commerce. 1411. A letter from the Acting Assistant received March 11, 2005, pursuant to 5 U.S.C. 1403. A letter from the Legal Advisor to the Secretary for Legislative Affairs, Depart- 801(a)(1)(A); to the Committee on Resources. Bureau Chief, Media Bureau, Federal Com- ment of State, transmitting the Report on 1423. A letter from the Deputy Assistant munications Commission, transmitting the Workforce Planning for Foreign Service Per- Administrator for Regulatory Programs, Commission’s final rule — Amendment of sonnel, pursuant to Section 601(c) of the For- NMFS, National Oceanic and Atmospheric Section 73.202(b) Table of Allotments, FM eign Service Act of 1980, as amended by Sec- Administration, transmitting the Adminis- tration’s final rule — Fisheries of the Exclu- Broadcast Stations. (Kerman, California) tion 326 of the Consolidated Appropriations sive Economic Zone off Alaska; Bering Sea [MB Docket No. 04-301; RM-10969] (Lockney, Act for FY 2000 (Pub. L. 106-113); to the Com- and Aleutian Islands; 2005 and 2006 Final Har- Texas) [MB Docket No. 04-302; RM-11020] mittee on International Relations. (Lone Wolf, Oklahoma) [MB Docket No. 04- 1412. A letter from the Under Secretary for vest Specifications for Groundfish [Docket 303; RM-11025] (Quanah, Texas) [MB Docket Political Affairs, Department of State, No. 041126332-5039-02; I.D. 112204A] received No. 04-304; RM-11021] (Orchard Mesa, Colo- transmitting an update on the progress made March 11, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. rado) [MB Docket No. 04-306; RM-10754] (Ris- and the challenges that remain with the 1424. A letter from the Deputy Director, Of- ing Star, Texas) [MB Docket No. 04-307; RM- partnership with Colombia; to the Com- fice of Sustainable Fisheries, NMFS, Na- 10982] (Twentynine Palms, California) [MB mittee on International Relations. tional Oceanic and Atmospheric Administra- Docket No. 04-308; RM-10973] (Waterford, 1413. A letter from the Assistant Secretary tion, transmitting the Administration’s final California) [MB Docket No. 04-309; RM-10974] for Legislative Affairs, Department of State, rule — Fisheries of the Exclusive Economic Received March 18, 2005, pursuant to 5 U.S.C. transmitting notification of intent to obli- Zone Off Alaska; Pacific Cod by Vessels 801(a)(1)(A); to the Committee on Energy and gate funds for purposes of Nonproliferation Catching Pacific Cod for Processing by the Commerce. and Disarmament Fund (NDF) activities; to Offshore Component in the Central Regu- 1404. A letter from the Legal Advisor to the the Committee on International Relations. latory Area of the Gulf of Alaska [Docket Bureau Chief, Media Bureau, Federal Com- 1414. A letter from the Secretary, Depart- No. 041202339-4339-01; I.D.021805F] received munications Commission, transmitting the ment of Health and Human Services, trans- March 11, 2005, pursuant to 5 U.S.C. Commission’s final rule — Amendment of mitting a report of surplus real property 801(a)(1)(A); to the Committee on Resources. Section 73.202(b) Table of Allotments, FM transferred for public health purposes, in- 1425. A letter from the Deputy Director, Of- Broadcast Stations. (Gassville, Arkansas) cluding purposes authorized by the Stewart fice of Sustainable Fisheries, NMFS, Na- [MB Docket No. 04-237; RM-10997] (Nan- B. McKinney Homeless Assistance Act, as tional Oceanic and Atmospheric Administra- tucket, Massachusetts) [MB Docket No. 04- amended, for October 1, 2003, through Sep- tion, transmitting the Administration’s final 238; RM-10997] received March 18, 2005, pursu- tember 30, 2004, pursuant to Public Law 100— rule — Fisheries of the Exclusive Economic ant to 5 U.S.C. 801(a)(1)(A); to the Committee 77, section 601 (101 Stat. 515); to the Com- Zone Off Alaska; Pacific Cod by Vessels on Energy and Commerce. mittee on Government Reform. Catching Pacific Cod for Processing by the 1405. A letter from the Chairman, Nuclear 1415. A letter from the Chairman, National Offshore Component in the Western Regu- Waste Technical Review Board, transmitting Credit Union Administration, transmitting latory Area of the Gulf of Alaska [Docket the second report of 2004, as required by the the Administration’s Combined Annual Per- No. 041202339-4339-01; I.D. 021805G] received Nuclear Waste Policy Amendments Act of formance Budget 2005, prepared in accord- March 11, 2005, pursuant to 5 U.S.C. 1987, Public Law 100-203, pursuant to 42 ance with the Government Performance and 801(a)(1)(A); to the Committee on Resources. U.S.C. 10268; to the Committee on Energy Results Act and OMB Circular No. A-11; to 1426. A letter from the Acting Director, Of- and Commerce. the Committee on Government Reform. fice of Sustainable Fisheries, NMFS, Na- 1406. A letter from the Director, Inter- 1416. A letter from the Chairman, U.S. tional Oceanic and Atmospheric Administra- national Cooperation, Department of De- Merit Systems Protection Board, transmit- tion, transmitting the Administration’s final fense, transmitting a copy of Transmittal ting justification for the Board’s FY 2006 ap- rule — Fisheries of the Exclusive Economic No. 01-05 which informs of an intent to sign propriation requests; to the Committee on Zone Off Alaska; Pacific Cod by Catcher/ a Project Arrangement for the Australia/ Government Reform. Processor Vessels Using Hook-and-Line Gear United States Phased Array Radar 1417. A letter from the Director, Office of in the Bering Sea and Aleutian Islands Man- (AUSPAR) Project between the United Surface Mining, Department of the Interior, agement Area [Docket No. 041202338-4338-01; States and Australia, pursuant to 22 U.S.C. transmitting the Department’s final rule — I.D. 021805A] received March 11, 2005, pursu- 2767(f); to the Committee on International Kentucky Regulatory Program — received ant to 5 U.S.C. 801(a)(1)(A); to the Committee Relations. March 2, 2005, pursuant to 5 U.S.C. on Resources. 1407. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Resources. 1427. A letter from the Deputy Assistant ment of State, transmitting notification of 1418. A letter from the Chief, Division of Administrator for Regulatory Programs, the convening of an Accountability Review Scientific Authority, Department of the In- NMFS, National Oceanic and Atmospheric Board to examine the facts and the cir- terior, transmitting the Department’s final Administration, transmitting the Adminis- cumstances of the loss of life at a U.S. mis- rule — Endangered and Threatened Wildlife tration’s final rule — Fisheries of the Exclu- sion abroad and to report and make rec- and Plants; Special Rule To Control the sive Economic Zone Off Alaska; Gulf of Alas- ommendations, pursuant to 22 U.S.C. Trade of Threatened Beluga Sturgeon (Huso ka; Final 2005 and 2006 Harvest Specifica- 4834(d)(1); to the Committee on International huso) (RIN: 1018-AT54) received March 1, 2005, tions for Groundfish [Docket No. 041126333- Relations. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5040-02; I.D. 112204C] received March 11, 2005, 1408. A letter from the Acting Assistant mittee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Secretary for Legislative Affairs, Depart- 1419. A letter from the Director, Office of mittee on Resources. ment of State, transmitting the texts of ILO Surface Mining, Department of the Interior, 1428. A letter from the Assistant Adminis- Convention No. 185 Revising the Seafarers’ transmitting the Department’s final rule — trator, NMFS, National Oceanic and Atmos- Identity Documents Convention, 1958, adopt- Colorado Regulatory Program [CO-033-FOR] pheric Administration, transmitting the Ad- ing this instrument at its 91st Session at Ge- received March 21, 2005, pursuant to 5 U.S.C. ministration’s final rule — Atlantic Highly neva, June 19, 2003, pursuant to Art. 19 of the 801(a)(1)(A); to the Committee on Resources. Migratory Species; Atlantic Bluefin Tuna Constitution of the International Labor Or- 1420. A letter from the Acting Chair, Fed- Quota Specifications, General Category Ef- ganization; to the Committee on Inter- eral Subsistence Board, Department of the fort Controls, and Catch-and-Release Provi- national Relations. Interior, transmitting the Department’s sion [Docket No. 041203341-5047-02; I.D.

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\L06AP7.000 H06PT1 H1844 CONGRESSIONAL RECORD — HOUSE April 6, 2005 072304B] (RIN: 0648-AR86) received March 16, Annual Report of the Office of Compliance, By Mr. SMITH of New Jersey (for him- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to Section 301(h) of the Congres- self, Mr. PAYNE, and Mr. LINCOLN Committee on Resources. sional Accountability Act (CAA); jointly to DIAZ-BALART of Florida): 1429. A letter from the Acting Director, Of- the Committees on House Administration H.R. 1497. A bill to require the Secretary of fice of Sustainable Fisheries, NMFS, Na- and Education and the Workforce. State, in consultation with the heads of tional Oceanic and Atmospheric Administra- 1440. A letter from the Board Members, other appropriate departments and agencies, tion, transmitting the Administration’s final Railroad Retirement Board, transmitting to conduct an economic impact study on the rule — Fisheries of the Exclusive Economic the Board’s Congressional Justification of dual gateway policy of the Government of Zone Of Alaska; Groundfish by Vessels Using Budget Estimates for Fiscal Year 2006, pur- Ireland before the United States takes any Non-Pelagic Trawl Gear in the Red King suant to 45 U.S.C. 231f(f); jointly to the Com- action that could lead to the discontinuation Crab Savings Subarea [Docket No. 041126332- mittees on Appropriations, Transportation of the policy; to the Committee on Inter- 5039-02; I.D. 030405A] received March 18, 2005, and Infrastructure, and Ways and Means. national Relations. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. RYAN of Ohio (for himself and mittee on Resources. f Mr. HUNTER): 1430. A letter from the Secretary, Judicial PUBLIC BILLS AND RESOLUTIONS H.R. 1498. A bill to clarify that exchange- Conference of the United States, transmit- rate manipulation by the People’s Republic ting a draft bill entitled the ‘‘Judicial Re- Under clause 2 of rule XII, public of China is actionable under the counter- porting Improvement Act’’; to the Com- bills and resolutions were introduced vailing duty provisions and the product-spe- mittee on the Judiciary. and severally referred, as follows: cific safeguard mechanisms of the trade laws 1431. A letter from the President and Chief of the United States, and for other purposes; By Mr. GILCHREST: Executive Officer, National Safety Council, to the Committee on Ways and Means, and in H.R. 1489. A bill to authorize the Secretary transmitting the Council’s 2004 Annual Re- addition to the Committee on Armed Serv- of Commerce to establish a coastal ocean ob- port, entitled ‘‘IMPACT’’; to the Committee ices, for a period to be subsequently deter- servation system; to the Committee on Re- on the Judiciary. mined by the Speaker, in each case for con- sources, and in addition to the Committee on 1432. A letter from the Deputy Assistant sideration of such provisions as fall within Science, for a period to be subsequently de- Secretary of the Army for Project Planning the jurisdiction of the committee concerned. termined by the Speaker, in each case for and Review, Department of Defense, trans- By Ms. FOXX: consideration of such provisions as fall with- mitting a copy of the reports of the Chief of H.R. 1499. A bill to amend the Internal Rev- in the jurisdiction of the committee con- Engineers on the projects listed in enclosure enue Code of 1986 to allow a deduction to cerned. 1, consistent with Section 113 of Pub. L. 108- members of the Armed Forces serving in a By Mr. SKELTON: 447, and notification that the current report combat zone for contributions to their indi- H.R. 1490. A bill to amend title 10, United of the Assistant Secretary of the Army for vidual retirement plans even if the com- States Code, to authorize the National De- Civil Works on these projects is still pend- pensation on which such contribution is fense University to award the degree of Mas- ing; to the Committee on Transportation and based is excluded from gross income, and for ter of Science in Joint Campaign Planning Infrastructure. other purposes; to the Committee on Ways 1433. A letter from the Board of Trustees, and Strategy, and for other purposes; to the and Means. National Railroad Retirement Investment Committee on Armed Services. By Mr. DREIER (for himself and Mr. By Mr. HONDA (for himself, Mr. GOR- Trust, transmitting the National Railroad ENGLISH of Pennsylvania): Retirement Investment Trust’s annual man- DON, Mr. KUHL of New York, Mr. VAN H.R. 1500. A bill to amend the Internal Rev- agement report covering FY 2004, pursuant HOLLEN, Mr. ETHERIDGE, Mr. enue Code of 1986 to make the 2003 reduction to 45 U.S.C. 231n Public Law 107—90, CUMMINGS, Mr. HINOJOSA, Mr. INSLEE, in the individual capital gains tax rates per- section105; to the Committee on Transpor- and Mr. RUPPERSBERGER): manent and to further reduce and simplify tation and Infrastructure. H.R. 1491. A bill to provide for the estab- such rates and to reduce the corporate cap- 1434. A letter from the Secretary, Judicial lishment of the Nanomanufacturing Invest- ital gains rate; to the Committee on Ways Conference of the United States, transmit- ment Partnership, and for other purposes; to and Means. ting a draft bill ‘‘To amend the Internal Rev- the Committee on Science. By Mr. BARTLETT of Maryland (for enue Code of 1986 to make certain rules re- By Mr. THOMAS (for himself, Ms. MAT- himself, Mr. THOMPSON of Mississippi, garding sales of property comply with con- SUI, and Mr. HONDA): Mr. OWENS, and Mr. RYUN of Kansas): flict-of-interest requirements applicable to H.R. 1492. A bill to provide for the preser- H.R. 1501. A bill to amend the Controlled the federal judiciary, and for other pur- vation of the historic confinement sites Substances Act and the Controlled Sub- poses’’; to the Committee on Ways and where Japanese Americans were detained stances Import and Export Act with respect Means. during World War II, and for other purposes; to penalties for powder cocaine and crack co- 1435. A letter from the Commissioner, So- to the Committee on Resources. caine offenses; to the Committee on the Ju- cial Security Administration, transmitting By Mr. BLUNT (for himself, Mr. RYAN diciary, and in addition to the Committee on notice that the actions necessary to imple- of Wisconsin, Mr. GREEN of Wis- Energy and Commerce, for a period to be ment section 303 are complete, and a sum- consin, Mr. ROGERS of Michigan, Mr. subsequently determined by the Speaker, in mary of the progress of the demonstration PETRI, Mr. SENSENBRENNER, Mr. each case for consideration of such provi- project thus far, pursuant to Public Law KIRK, Mr. NEY, Mr. BRADY of Texas, sions as fall within the jurisdiction of the 108—203, section 303; to the Committee on Mr. ENGLISH of Pennsylvania, Mr. committee concerned. Ways and Means. WICKER, Mr. BONILLA, Mr. SHADEGG, By Mr. BERMAN (for himself and Mr. 1436. A letter from the Secretary, Depart- Mr. CANTOR, Mr. ISSA, Mr. SESSIONS, DELAHUNT): ment of Defense, transmitting a report on Mr. AKIN, and Mr. HERGER): H.R. 1502. A bill to restore civil liberties Department of Defense Actions to Support H.R. 1493. A bill to amend the Clean Air under the First Amendment, the Immigra- Voting Assistance to Armed Forces Outside Act to reduce the proliferation of boutique tion and Nationality Act, and the Foreign the United States, as required by Section 568 fuels, and for other purposes; to the Com- Intelligence Surveillance Act; to the Com- of the Ronald W. Reagan National Defense mittee on Energy and Commerce. mittee on the Judiciary, and in addition to Authorization Act (NDAA) for FY 2005; joint- By Mr. KIND (for himself and Mr. PICK- the Committees on Intelligence (Permanent ly to the Committees on Armed Services and ERING): Select), and Homeland Security, for a period House Administration. H.R. 1494. A bill to direct the Secretary of to be subsequently determined by the Speak- 1437. A letter from the Secretary, Depart- the Interior to conduct a pilot program er, in each case for consideration of such pro- ment of Health and Human Services, trans- under which up to 15 States may issue elec- visions as fall within the jurisdiction of the mitting a report, entitled ‘‘Medicare Con- tronic Federal migratory bird hunting committee concerned. tracting Reform: A Blueprint for a Better stamps; to the Committee on Resources. By Mr. BISHOP of Utah (for himself, Medicare,’’ in response to Section 911(g) of By Mr. OWENS: Mr. MATHESON, and Mr. CANNON): the Medicare Precription Drug, Improve- H.R. 1495. A bill to amend the Military Se- H.R. 1503. A bill to designate certain lands ment, and Modernization Act of 2003, Pub. L. lective Service Act to terminate the reg- in the Cedar Mountains in the State of Utah 108-173; jointly to the Committees on Energy istration requirement and the activities of as wilderness, to ensure the compatibility of and Commerce and Ways and Means. civilian local boards, civilian appeal boards, such wilderness and wildness study areas 1438. A letter from the Chair, Commission and similar local agencies of the Selective with continued access by the Armed Forces on International Religious Freedom, trans- Service System, and for other purposes; to to the special use airspace and lands that mitting the ‘‘Report on Asylum Seekers in the Committee on Armed Services. comprise the Utah Test and Training Range, Expedited Removal: Findings and Rec- By Mr. YOUNG of Alaska (for himself, and for other purposes; to the Committee on ommendations,’’ pursuant to Section 605 of Mr. MICA, Mr. OBERSTAR, Mr. Resources. the International Religious Freedom Act of COSTELLO, and Ms. NORTON): By Mr. BISHOP of Utah (for himself, 1998 (IRFA); jointly to the Committees on H.R. 1496. A bill to return general aviation Mr. ANDREWS, Mr. OWENS, Mr. UDALL International Relations and the Judiciary. to Ronald Reagan Washington National Air- of Colorado, Mr. VAN HOLLEN, Mr. 1439. A letter from the Chair, Office of port; to the Committee on Transportation FILNER, Ms. MCCOLLUM of Minnesota, Compliance, transmitting a copy of the 2004 and Infrastructure. and Mr. MICHAUD):

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L06AP7.000 H06PT1 April 6, 2005 CONGRESSIONAL RECORD — HOUSE H1845 H.R. 1504. A bill to amend the Internal Rev- By Mr. FRANK of Massachusetts (for H.R. 1522. A bill to amend the Higher Edu- enue Code of 1986 to increase the deduction himself and Mr. LYNCH): cation Act of 1965 to expand the loan forgive- for host families of foreign exchange and H.R. 1512. A bill to direct the Secretary of ness and loan cancellation programs for other students from $50 per month to $200 per the Interior to conduct a special resources teachers, to provide loan forgiveness and month; to the Committee on Ways and study regarding the suitability and feasi- loan cancellation programs for nurses, and Means. bility of designating certain historic build- for other purposes; to the Committee on By Ms. GINNY BROWN-WAITE of Flor- ings and areas in Taunton, Massachusetts, as Education and the Workforce. ida (for herself, Ms. HARRIS, Ms. a unit of the National Park System, and for By Mrs. MCCARTHY (for herself, Mr. WASSERMAN SCHULTZ, and Mr. POE): other purposes; to the Committee on Re- OWENS, and Mrs. MALONEY): H.R. 1505. A bill to revise the Jacob sources. H.R. 1523. A bill to provide student loan Wetterling Crimes Against Children and Sex- By Mr. FRELINGHUYSEN: forgiveness to the surviving spouses of the ually Violent Offender Registration pro- H.R. 1513. A bill to exempt from the Free- victims of the September 11, 2001, tragedies; gram; to the Committee on the Judiciary. dom of Information Act certain photographic to the Committee on Education and the By Ms. DELAURO (for herself, Mr. images of deceased persons that are taken by Workforce. SHAYS, Mr. LARSON of Connecticut, or for medical examiners; to the Committee By Mr. MOORE of Kansas (for himself, on Government Reform. Ms. KILPATRICK of Michigan, Mr. Mr. TIAHRT, Mr. RYUN of Kansas, and By Mr. GERLACH: WEXLER, and Mr. SIMMONS): Mr. MORAN of Kansas): H.R. 1506. A bill to improve the No Child H.R. 1514. A bill to reserve a small percent- H.R. 1524. A bill to designate the facility of Left Behind Act of 2001, and for other pur- age of the amounts made available to the the United States Postal Service located at poses; to the Committee on Education and Secretary of Agriculture for the farmland 12433 Antioch Road in Overland Park, Kan- the Workforce. protection program to fund challenge grants sas, as the ‘‘Ed Eilert Post Office Building’’; to encourage the purchase of conservation By Ms. DELAURO: to the Committee on Government Reform. easements and other interests in land to be H.R. 1507. A bill to establish the Food Safe- By Ms. NORTON: ty Administration to protect the public held by a State agency, county, or other eli- H.R. 1525. A bill to establish the United health by preventing food-borne illness, en- gible entity, and for other purposes; to the States Commission on an Open Society with suring the safety of food, improving research Committee on Agriculture. Security; to the Committee on Transpor- on contaminants leading to food-borne ill- By Mr. JINDAL (for himself, Mr. tation and Infrastructure, and in addition to ness, and improving security of food from in- BAKER, and Mr. MCCRERY): the Committee on Homeland Security, for a H.R. 1515. A bill to adjust the boundary of tentional contamination, and for other pur- period to be subsequently determined by the the Barataria Preserve Unit of the Jean La- poses; to the Committee on Energy and Com- Speaker, in each case for consideration of fitte National Historical Park and Preserve merce, and in addition to the Committee on such provisions as fall within the jurisdic- in the State of Louisiana, and for other pur- Agriculture, for a period to be subsequently poses; to the Committee on Resources. tion of the committee concerned. determined by the Speaker, in each case for IMP- By Mr. JINDAL: By Mr. OTTER (for himself, Mr. S consideration of such provisions as fall with- H.R. 1516. A bill to amend the Internal Rev- SON, Mr. FLAKE, Mr. SANDERS, Mr. in the jurisdiction of the committee con- enue Code of 1986 to allow a credit against CONYERS, Mr. KUCINICH, Mr. PAUL, cerned. income tax for expenditures incurred by the Mr. UDALL of New Mexico, Mr. MEEKS By Mr. EMANUEL (for himself, Mr. taxpayer to restore or protect wetlands from of New York, and Mr. BISHOP of COOPER, Ms. HARMAN, Mr. VAN coastal erosion; to the Committee on Ways Utah): HOLLEN, Ms. WASSERMAN SCHULTZ, and Means. H.R. 1526. A bill to amend the Foreign In- and Mr. BECERRA): By Mr. SAM JOHNSON of Texas (for telligence Surveillance Act of 1978 and title H.R. 1508. A bill to amend the Internal Rev- himself, Mr. HERGER, Mr. RYAN of 18, United States Code, to strengthen protec- enue Code of 1986 and the Employee Retire- Wisconsin, Mr. SENSENBRENNER, Mr. tions of civil liberties in the exercise of the ment Income Security Act of 1974 to facili- NEY, Mr. STEARNS, and Mr. SIMMONS): foreign intelligence surveillance authorities tate automatic enrollment in 401(k) plans, H.R. 1517. A bill to amend the Internal Rev- under Federal law, and for other purposes; to and for related purposes; to the Committee enue Code of 1986 to repeal the 1993 income the Committee on the Judiciary, and in addi- on Education and the Workforce, and in ad- tax increase on Social Security benefits; to tion to the Committee on Intelligence (Per- dition to the Committee on Ways and Means, the Committee on Ways and Means. manent Select), for a period to be subse- for a period to be subsequently determined By Mr. KELLER (for himself, Mr. quently determined by the Speaker, in each by the Speaker, in each case for consider- FOLEY, and Mr. ENGLISH of Pennsyl- case for consideration of such provisions as ation of such provisions as fall within the ju- vania): fall within the jurisdiction of the committee risdiction of the committee concerned. H.R. 1518. A bill to amend the Internal Rev- concerned. By Mr. FOLEY (for himself and Mr. enue Code of 1986 to expand the exclusion for By Mr. PAUL: SHAW): employer-provided educational assistance to H.R. 1527. A bill to remove all embargoes H.R. 1509. A bill to create an inspection include educational assistance provided to on food, medicine, and medical supplies; to program that uses videophone systems at dependents of employees; to the Committee the Committee on International Relations. certain points of entry in Florida to satisfy on Ways and Means. By Mr. SENSENBRENNER: customs and immigration reporting require- By Mr. LARSON of Connecticut (for H.R. 1528. A bill to amend the Controlled ments; to the Committee on Homeland Secu- himself and Mr. EMANUEL): Substances Act to protect vulnerable persons rity. H.R. 1519. A bill to help American families from drug trafficking, and for other pur- By Mr. FOLEY (for himself, Mrs. JONES save, invest, and build a better future, and poses; to the Committee on the Judiciary, of Ohio, Mr. SHAW, Mr. NUSSLE, Mr. for other purposes; to the Committee on and in addition to the Committee on Energy LEWIS of Kentucky, Ms. HART, Ms. Ways and Means. and Commerce, for a period to be subse- VELA´ ZQUEZ, Mr. WILSON of South By Mr. LEWIS of Kentucky: quently determined by the Speaker, in each Carolina, Mr. GARY G. MILLER of H.R. 1520. A bill to amend the Internal Rev- case for consideration of such provisions as California, Mr. FEENEY, and Mr. enue Code of 1986 to provide for the tax on fall within the jurisdiction of the committee ENGLISH of Pennsylvania): distilled spirits, wine, and beer to be col- concerned. H.R. 1510. A bill to amend the Internal Rev- lected quarterly from certain small tax- By Mr. SHADEGG: enue Code of 1986 to reduce the depreciation payers; to the Committee on Ways and H.R. 1529. A bill to amend the Federal recovery period for roof systems; to the Com- Means. Power Act to provide for Federal and State mittee on Ways and Means. By Mrs. MALONEY (for herself, Mr. coordination of permitting for electric trans- By Mr. FOLEY (for himself, Mr. POM- SHERMAN, Ms. BORDALLO, Mr. FRANK mission facilities, and for other purposes; to EROY, Mr. KENNEDY of Minnesota, Mr. of Massachusetts, Mr. PAYNE, Mr. the Committee on Energy and Commerce. SMITH of Washington, Mrs. DAVIS of CUMMINGS, Ms. SLAUGHTER, Mr. OBER- By Mr. SHADEGG: California, Mr. SNYDER, Mr. ABER- STAR, Mr. OWENS, Mr. ABERCROMBIE, H.R. 1530. A bill to encourage the develop- CROMBIE, Mr. HAYWORTH, Ms. WOOL- Ms. WATSON, Ms. JACKSON-LEE of ment of hydroelectric projects, and for other SEY, Mr. INSLEE, Ms. HOOLEY, Mr. Texas, Ms. MILLENDER-MCDONALD, purposes; to the Committee on Energy and LINCOLN DIAZ-BALART of Florida, Mr. Mr. BROWN of Ohio, and Mr. EVANS): Commerce. DEFAZIO, Mr. BAIRD, Mr. SIMPSON, H.R. 1521. A bill to amend the Internal Rev- By Mr. HOLT (for himself and Mr. MIL- Mrs. CAPPS, Mr. UDALL of New Mex- enue Code of 1986 to deny all deductions for LER of Florida): ico, Mr. LANGEVIN, Mr. BONILLA, Mr. business expenses associated with the use of H. Con. Res. 124. Concurrent resolution ex- SANDERS, Mr. OTTER, Mr. WELLER, a club that discriminates on the basis of sex, pressing the sense of the Congress regarding Mr. DOGGETT, Mr. MCCRERY, and Mr. race, or color; to the Committee on Ways the importance of organ, tissue, bone mar- SHERMAN): and Means. row, and blood donation and supporting the H.R. 1511. A bill to amend the Internal Rev- By Mrs. MCCARTHY (for herself, Mr. goals and ideals of National Donate Life enue Code of 1986 to provide a 5-year exten- HINCHEY, Mr. OWENS, Mr. CHANDLER, Month; to the Committee on Energy and sion of the credit for electricity produced Mr. PAYNE, Mr. CLYBURN, Mr. GAR- Commerce. from wind; to the Committee on Ways and RETT of New Jersey, and Mr. By Mr. HOLT (for himself, Mr. BROWN Means. GRIJALVA): of South Carolina, Mr. SERRANO, Ms.

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\L06AP7.100 H06PT1 H1846 CONGRESSIONAL RECORD — HOUSE April 6, 2005

CARSON, Mr. TANNER, Mr. WYNN, Mr. By Mr. HASTINGS of Florida: By Mr. STRICKLAND (for himself, Mr. RANGEL, Mr. OWENS, Mr. WEXLER, Mr. H. Res. 194. A resolution expressing the HOLDEN, Mr. GREEN of Wisconsin, and MCDERMOTT, Mr. MCCAUL of Texas, sense of the House of Representatives in sup- Mr. SWEENEY): Mr. BAKER, Mr. LIPINSKI, Mrs. port of Federal and State funded in-home H. Res. 200. A resolution supporting the MCCARTHY, Mr. GREEN of Wisconsin, care for the elderly; to the Committee on En- goals and ideals of ‘‘National Correctional Mr. BOOZMAN, Mr. UDALL of New Mex- ergy and Commerce. Officers and Employees Week‘‘ and honoring ico, Mr. SIMPSON, Mr. WILSON of By Mr. KINGSTON (for himself, Mr. the service of correctional officers and em- South Carolina, Mr. VAN HOLLEN, Mr. SHIMKUS, Mr. SHUSTER, Mr. HOLDEN, ployees; to the Committee on the Judiciary. FOLEY, Mr. CASE, Mr. FILNER, Ms. Mr. TERRY, Ms. WATSON, Mr. MCNUL- f KAPTUR, Mr. DICKS, Mr. HOLDEN, Mrs. TY, Ms. ROS-LEHTINEN, Mrs. MCCAR- CHRISTENSEN, Ms. WOOLSEY, Mr. THY, Mr. KUHL of New York, Mr. PRIVATE BILLS AND PALLONE, Mr. BISHOP of Georgia, Ms. PRICE of North Carolina, Mr. BACHUS, RESOLUTIONS BORDALLO, Mr. CONYERS, Mr. LYNCH, Mr. SCOTT of Georgia, Mr. SHAW, Mr. Under clause 3 of rule XII, private Mr. EVANS, Mr. MICHAUD, Mr. SAM JOHNSON of Texas, Mr. KENNEDY CUMMINGS, Mrs. MALONEY, Mr. GOR- of Minnesota, Mr. OTTER, Ms. HARRIS, bills and resolutions of the following DON, Mr. BACHUS, and Mr. FORTU@O): and Mr. BROWN of South Carolina): titles were introduced and severally re- H. Con. Res. 125. Concurrent resolution ex- H. Res. 195. A resolution recognizing the ferred, as follows: pressing support for the designation and 60th anniversary of Victory in Europe (VE) By Mr. OWENS: goals of ‘‘Hire a Veteran Week‘‘ and encour- Day and the Liberation of Western Bohemia; H.R. 1531. A bill for the relief of Veronica aging the President to issue a proclamation to the Committee on International Rela- Kehinde Akintade; to the Committee on the supporting those goals; to the Committee on tions. Judiciary. Veterans’ Affairs, and in addition to the By Ms. LEE (for herself, Mr. WATT, Ms. By Ms. CARSON: Committee on Armed Services, for a period WATERS, Mr. CONYERS, and Ms. JACK- H. Res. 201. A resolution referring the bill to be subsequently determined by the Speak- SON-LEE of Texas): (H.R. 1328) entitled ‘‘A bill for the relief of er, in each case for consideration of such pro- H. Res. 196. A resolution recognizing the Adela and Darryl Bailor’’ to the chief judge visions as fall within the jurisdiction of the anniversary of the ratification of the 13th of the United States Court of Federal Claims committee concerned. Amendment and encouraging the American for a report thereon; to the Committee on By Mr. PETERSON of Minnesota (for people to educate and instill pride and pur- the Judiciary. himself, Mr. GUTKNECHT, Mr. KEN- pose into their communities and to observe f NEDY of Minnesota, Mr. KLINE, Ms. the anniversary annually with appropriate MCCOLLUM of Minnesota, Mr. OBER- programs and activities; to the Committee ADDITIONAL SPONSORS STAR, Mr. RAMSTAD, and Mr. SABO): on the Judiciary. H. Con. Res. 126. Concurrent resolution ex- By Mr. GEORGE MILLER of California Under clause 7 of rule XII, sponsors pressing the condolences and deepest sym- (for himself, Ms. PELOSI, Mr. HOYER, were added to public bills and resolu- pathies of the Congress in the aftermath of Ms. DELAURO, Mr. MENENDEZ, Mr. tions as follows: the recent school shooting at Red Lake High TANNER, Mr. FRANK of Massachu- H.R. 8: Mr. POE, Mr. BONILLA, Mr. COLE of School in Red Lake, Minnesota; to the Com- setts, Mr. CONYERS, Mrs. MALONEY, Oklahoma, Mr. RAHALL, Mr. YOUNG of Alas- mittee on Education and the Workforce. Mr. LANTOS, Mr. DICKS, Mr. LEVIN, ka, Mr. HASTINGS of Washington, and Mrs. By Mr. HYDE: Mr. DELAHUNT, Ms. CORRINE BROWN of CUBIN. H. Res. 190. A resolution honoring the life Florida, Mr. BROWN of Ohio, Mr. H.R. 21: Mr. KING of New York. and achievements of His Holiness Pope John PAYNE, Ms. ROYBAL-ALLARD, Ms. H.R. 22: Mr. SCOTT of Georgia, Mrs. DAVIS Paul II and expressing profound sorrow on ESHOO, Mr. ACKERMAN, Mr. MORAN of of California, Mr. PALLONE, Mr. MORAN of his death; considered and agreed to. Virginia, Mr. NADLER, Mr. KILDEE, Virginia, and Mr. MICHAUD. By Mr. LANTOS (for himself and Mr. Mr. FALEOMAVAEGA, Mr. EVANS, Mr. H.R. 25: Mr. THORNBERRY. TANCREDO): SABO, Mr. DINGELL, Mr. TOWNS, Mr. H.R. 29: Mr. MCCAUL of Texas. H. Res. 191. A resolution urging the Gov- RANGEL, Mr. OWENS, Mr. DEFAZIO, H.R. 37: Mr. MACK. ernment of Romania to recognize its respon- Mr. SANDERS, Mr. MCDERMOTT, Mr. H.R. 40: Mr. HONDA. sibilities to provide equitable, prompt, and GRIJALVA, Mr. VAN HOLLEN, Mr. H.R. 47: Mr. YOUNG of Alaska. fair restitution to all religious communities ABERCROMBIE, Ms. CARSON, Mrs. H.R. 63: Mr. OLVER and Mrs. MCCARTHY. for property confiscated by the former Com- TAUSCHER, Mr. SHERMAN, Mr. H.R. 64: Mr. LINDER, Mr. RUPPERSBERGER, munist government in Romania; to the Com- KUCINICH, Mr. OLVER, Mrs. Ms. HART, Mr. BOEHLERT, Mr. HASTINGS of mittee on International Relations. NAPOLITANO, Mrs. CHRISTENSEN, Mr. Washington, Mr. CONAWAY, and Mrs. CUBIN. By Mr. MCGOVERN: ETHERIDGE, Ms. SOLIS, Mr. LARSON of H.R. 114: Mr. ACKERMAN. H. Res. 192. A resolution expressing the Connecticut, Mr. CHANDLER, Mr. H.R. 127: Mr. CONYERS. sense of the House of Representatives en- DAVIS of Illinois, Mr. SCOTT of Vir- H.R. 128: Mr. LANTOS, Mr. LEWIS of Geor- couraging the active engagement of Amer- ginia, Ms. WATSON, Mr. PALLONE, Mr. gia, Mr. RUSH, Mr. STRICKLAND, Mr. DAVIS of ican in world affairs and urging the Sec- KENNEDY of Rhode Island, Mr. RYAN Illinois, Ms. CORRINE BROWN of Florida, Mr. retary of State to take the lead and coordi- of Ohio, Mr. BUTTERFIELD, Mr. CLYBURN, Mrs. CHRISTENSEN, Mr. GUTIERREZ, nate with other governmental agencies and SCHIFF, Mr. STARK, Mr. CLAY, Mr. Mr. BECERRA, and Ms. NORTON. non-governmental organizations in creating MCGOVERN, Mr. FARR, Mr. CASE, Mr. H.R. 136: Mr. NEY. an online database of international exchange SCOTT of Georgia, Ms. BORDALLO, Ms. H.R. 147: Mr. CARNAHAN, Mr. CLEAVER, and programs and related opportunities; to the LEE, Mr. MOORE of Kansas, and Mrs. Mr. JEFFERSON. Committee on International Relations. JONES of Ohio): H.R. 153: Mr. BUTTERFIELD, Ms. JACKSON- By Mr. MARIO DIAZ-BALART of Flor- H. Res. 197. A resolution honoring Franklin LEE of Texas, and Mr. FRANK of Massachu- ida (for himself, Mr. MENENDEZ, Ms. Delano Roosevelt; to the Committee on Gov- setts. ROS-LEHTINEN, Mr. LINCOLN DIAZ- ernment Reform. H.R. 154: Mr. BERRY, Mr. OWENS, Mr. BALART of Florida, Mr. SMITH of New By Mr. PRICE of North Carolina (for GRIJALVA, and Mr. SKELTON. Jersey, Mr. BURTON of Indiana, Mr. himself, Mr. BUTTERFIELD, Mr. H.R. 198: Mr. CONYERS, Mr. KENNEDY of ENGEL, Mr. CHABOT, Mr. WILSON of ETHERIDGE, Mr. JONES of North Caro- Rhode Island, and Mr. OWENS. South Carolina, Ms. HARRIS, Mr. lina, Ms. FOXX, Mr. COBLE, Mr. MCIN- H.R. 215: Mr. TERRY, Ms. KAPTUR, and Mr. WEXLER, Mr. MACK, Mr. MURPHY, Mr. TYRE, Mr. HAYES, Mrs. MYRICK, Mr. MCDERMOTT. DAVIS of Kentucky, Mrs. DRAKE, Mr. MCHENRY, Mr. TAYLOR of North Caro- H.R. 228: Mr. KING of New York, Mr. SHAYS, SESSIONS, Mr. BAKER, Mr. FOLEY, Mr. lina, Mr. WATT, and Mr. MILLER of Mr. NADLER, Mr. MCCOTTER, Mr. SERRANO, FEENEY, Mr. CRENSHAW, Mr. WELLER, North Carolina): Mr. ROHRABACHER, Mr. FOSSELLA, Mr. VAN Mr. BARRETT of South Carolina, Mr. H. Res. 198. A resolution congratulating HOLLEN, Mr. WEINER, Mr. GARRETT of New MCHENRY, Mr. PEARCE, Mr. FLAKE, the University of North Carolina men’s bas- Jersey, Mrs. MALONEY, Mr. PAYNE, Mrs. Mr. CANNON, Mr. SOUDER, Mr. ketball team for winning the 2005 NCAA Di- LOWEY, Ms. WATSON, Mrs. KELLY, Mr. SES- MCCOTTER, Ms. NORTON, Ms. vision I Men’s Basketball National Cham- SIONS, Mrs. MCCARTHY, Mr. OLVER, Mr. WASSERMAN SCHULTZ, Mr. PALLONE, pionship; to the Committee on Education WALSH, Mr. MCNULTY, Mr. BISHOP of New Mr. KENNEDY of Minnesota, and Mr. and the Workforce. York, Mr. CROWLEY, Mr. ENGEL, Mr. OWENS, WELDON of Florida): By Mr. SMITH of New Jersey (for him- Mr. ACKERMAN, and Mr. TOWNS. H. Res. 193. A resolution expressing support self and Mr. CARDIN): H.R. 297: Ms. MOORE of Wisconsin, Mr. FIL- to the organizers and participants of the his- H. Res. 199. A resolution expressing the NER, Mr. ABERCROMBIE, Mr. BLUMENAUER, Mr. toric meeting of the Assembly to Promote sense of the House of Representatives regard- FRANK of Massachusetts, and Mr. FARR. the Civil Society in Cuba on May 20, 2005, in ing the massacre at Srebrenica in July 1995; H.R. 311: Mr. BISHOP of Georgia, Mr. EMAN- Havana; to the Committee on International to the Committee on International Rela- UEL, Mr. DAVIS of Alabama, Mr. CARNAHAN, Relations. tions. and Mr. WAXMAN.

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H.R. 312: Ms. WOOLSEY. H.R. 838: Ms. WATERS, Mr. EVANS, and Mr. H.R. 1214: Mr. LEWIS of Georgia, Mr. ACK- H.R. 313: Mr. DAVIS of Tennessee. FATTAH. ERMAN, and Mr. KENNEDY of Rhode Island. H.R. 328: Mr. BARTLETT of Maryland and H.R. 845: Mrs. MYRICK. H.R. 1217: Mr. BROWN of Ohio. Mr. LATOURETTE. H.R. 857: Ms. ROS-LEHTINEN. H.R. 1219: Mr. DEFAZIO. H.R. 330: Mr. YOUNG of Alaska. H.R. 867: Ms. WOOLSEY. H.R. 1227: Mr. CARDIN and Mr. CAPUANO. H.R. 331: Mr. PETRI. H.R. 871: Mr. NADLER. H.R. 1241: Mr. ANDREWS, Mr. GORDON, and H.R. 339: Mr. ENGLISH of Pennsylvania and H.R. 874: Mr. BARRETT of South Carolina. Mr. CRAMER. Mr. KUHL of New York. H.R. 923: Mr. BOUCHER. H.R. 1248: Mr. BARRETT of South Carolina H.R. 356: Ms. FOXX and Mr. BOUSTANY. H.R. 928: Mr. MENENDEZ. and Mr. PRICE of Georgia. H.R. 373: Mr. TAYLOR of Mississippi, Mr. H.R. 930: Mr. MICA. H.R. 1249: Mr. RAMSTAD, Mr. PRICE of North ALLEN, Mr. SKELTON, Mr. FRANK of Massa- H.R. 934: Mr. ROSS and Mr. DOYLE. Carolina, Mr. GUTKNECHT, Mr. SCHIFF, Mr. chusetts, Ms. SCHAKOWSKY, Mr. BUTTERFIELD, H.R. 939: Mr. CLAY, Mr. FRANK of Massa- ANDREWS, Ms. WATERS, Mr. MORAN of Vir- Mr. HINCHEY, Mr. HASTINGS of Florida, Mr. chusetts, Mr. SMITH of Washington, Ms. ginia, Mr. KUCINICH, and Mrs. MILLER of GORDON, Mr. SERRANO, Mr. MICHAUD, Mr. CORRINE BROWN of Florida, Ms. WOOLSEY, Mr. Michigan. PALLONE, and Mr. NEAL of Massachusetts. FILNER, Ms. KAPTUR, Mr. HASTINGS of Flor- H.R. 1262: Mr. HOLDEN, Mr. OLVER, Mr. H.R. 378: Mr. PAYNE, Mr. OWENS, Mr. ida, Mr. OWENS, Mr. MCDERMOTT, Mr. JACK- SAXTON, Mr. CASE, Mr. KIND, Ms. HOLDEN, Mrs. JONES of Ohio, and Mr. KAN- SON of Illinois, Mr. GRIJALVA, Ms. LEE, Ms. SCHAKOWSKY, Mr. MICHAUD, Ms. LINDA T. JORSKI. WATERS, Mr. GONZALEZ, Mr. PAYNE, and Mr. SA´ NCHEZ of California, Mr. MORAN of Vir- H.R. 400: Mr. GRIJALVA and Mr. SHADEGG. CONYERS. ginia, Mr. VAN HOLLEN, Mr. RYAN of Ohio, H.R. 408: Mr. GALLEGLY. H.R. 940: Mr. PUTNAM. Mr. MCNULTY, Mr. WAXMAN, Mr. MCGOVERN, H.R. 414: Mr. FOLEY, Mr. SCHIFF, Ms. KAP- H.R. 952: Ms. BALDWIN, Mr. LEVIN, Mr. Mr. WEXLER, Mr. LANTOS, Mr. FILNER, and TUR, Mr. SENSENBRENNER, Ms. BALDWIN, and ABERCROMBIE, Mr. MICHAUD, and Ms. JACK- Ms. BORDALLO. Mr. KUHL of New York. SON-LEE of Texas. H.R. 1281: Mr. SPRATT. H.R. 415: Mr. ROGERS of Kentucky, Mr. H.R. 963: Mr. HOBSON. H.R. 1286: Mr. KOLBE, Mr. MCHENRY, and RYAN of Ohio, and Ms. BALDWIN. H.R. 972: Mr. BACHUS, Ms. SOLIS, Mr. Mr. BARRETT of South Carolina. H.R. 421: Mr. PALLONE. MCDERMOTT, Ms. WOOLSEY, and Mr. PALLONE. H.R. 1295: Mr. KING of New York. H.R. 475: Ms. CORRINE BROWN of Florida. H.R. 994: Mr. PALLONE, Mr. PAYNE, Mr. H.R. 1297: Mr. ACKERMAN. H.R. 476: Ms. CORRINE BROWN of Florida. GORDON, Mr. KLINE, Mr. BARTLETT of Mary- H.R. 1306: Mr. OTTER, Mr. GUTKNECHT, Mr. H.R. 513: Mr. MCNULTY, Mr. SIMMONS, and land, Mrs. WILSON of New Mexico, Mr. FOLEY, COX, Mr. CHABOT, Mr. CUNNINGHAM, Mr. WIL- Mr. BECERRA. Mr. GARY G. MILLER of California, Mr. SON of South Carolina, Mr. MCHUGH, Mr. H.R. 514: Mr. KIND. BISHOP of Georgia, Mr. CUMMINGS, Mr. HAYES, Mr. PETERSON of Minnesota, and Mr. H.R. 525: Mr. JOHNSON of Illinois and Mr. WEXLER, Mr. FILNER, Mr. LEWIS of Kentucky, NEY. LATHAM. Ms. GINNY BROWN-WAITE of Florida, Mr. H.R. 1313: Mr. EHLERS, Mr. PAYNE, Mr. URTON H.R. 534: Mr. B of Indiana. TURNER, Mr. INSLEE, Mrs. EMERSON, Mr. WU, KUHL of New York, Mr. CROWLEY, Ms. JACK- H.R. 551: Mr. BECERRA and Mr. STARK. Mr. ROSS, Mr. MCDERMOTT, Mr. TIBERI, Mr. SON-LEE of Texas, Mr. PETERSON of Min- H.R. 558: Mr. BERRY. COSTELLO, Mr. ROGERS of Alabama, Ms. nesota, and Mr. ENGLISH of Pennsylvania. H.R. 565: Mr. HINCHEY. BALDWIN, Mr. STEARNS, Mr. KILDEE, Mr. H.R. 1314: Mr. MARSHALL. H.R. 581: Mr. LEWIS of Kentucky, Mr. MEE- H.R. 1322: Ms. DELAURO and Mr. MCINTYRE. ADERHOLT, Mr. MORAN of Kansas, Mr. FORD, HAN, and Mr. UPTON. H.R. 1333: Mr. ENGLISH of Pennslvania, Mrs. Mr. DEFAZIO, Mr. HASTINGS of Washington, H.R. 595: Ms. KILPATRICK of Michigan and MILLER of Michigan, Mr. OLVER, Ms. BALD- Mr. ALLEN, Mr. CHANDLER, Mr. PLATTS, Mr. Ms. BALDWIN. WIN, Mr. KIRK, Mr. VAN HOLLEN, Mr. GRAVES, HOLT, Mr. PUTNAM, and Mr. PASTOR. H.R. 596: Mr. BOOZMAN. Mr. MARKEY, Mr. MEEK of Florida, Mr. ABER- H.R. 997: Mr. BILIRAKIS and Mr. HAYWORTH. H.R. 609: Mr. BONILLA. CROMBIE, Mr. WYNN, Mr. BARTLETT of Mary- H.R. 998: Mr. SHIMKUS, Mr. SIMMONS, Mr. H.R. 633: Mr. CARDIN. land, Mr. PETERSON of Minnesota, Mr. CHAN- TIBERI, Mr. MATHESON, Mr. GORDON, Mr. H.R. 653: Mr. AL GREEN of Texas. DLER, Mr. OSBORNE, Mr. HYDE, and Mr. PRICE BACHUS, Mr. BERRY, Mr. BOSWELL, Mr. ROSS, H.R. 654: Mr. TIERNEY, Mr. LIPINSKI, Mr. of North Carolina. and Mr. HAYWORTH. SERRANO, Ms. MCCOLLUM of Minnesota, and H.R. 1351: Mr. MCCOTTER, Mr. SMITH of H.R. 1017: Mr. WELDON of Florida. Ms. JACKSON-LEE of Texas. Washington, Mr. GORDON, and Mr. MICHAUD. H.R. 1023: Mr. EHLERS. H.R. 659: Mr. BISHOP of Utah, Mr. SPRATT, H.R. 1356: Mr. FATTAH, Mr. HIGGINS, and H.R. 1048: Mr. RUPPERSBERGER. Mr. MCCRERY, Ms. SCHWARTZ of Pennsyl- Mr. BOUCHER. H.R. 1049: Mr. UPTON. vania, Mr. BARROW, Ms. WATSON, Mrs. H.R. 1357: Mr. BURTON of Indiana. H.R. 1055: Mr. GORDON. CAPITO, Mr. WOLF, Mr. PAUL, Mr. JENKINS, H.R. 1363: Mr. MORAN of Virginia. H.R. 1073: Mr. BARRETT of South Carolina Mr. PICKERING, Mr. SNYDER, Mr. MCGOVERN, H.R. 1365: Ms. BERKLEY. and Mr. PRICE of Georgia. Mr. BAKER, Mr. SCHIFF, Mr. ROSS, Mr. DAVIS H.R. 1379: Mr. RAMSTAD. H.R. 1074: Mr. PRICE of Georgia. of Alabama, Mr. HOSTETTLER, Mr. SOUDER, H.R. 1380: Mr. SIMMONS, Mr. BOUCHER, and H.R. 1075: Mr. BARRETT of South Carolina Ms. ROS-LEHTINEN, Mr. ANDREWS, Mr. Mr. MCCOTTER. and Mr. PRICE of Georgia. CRAMER, Mr. BACHUS, Mr. MENENDEZ, Mr. H.R. 1400: Mr. GREEN of Wisconsin. H.R. 1088: Mr. BISHOP of New York. BEAUPREZ, Mr. BOEHLERT, Mr. SIMMONS, Ms. H.R. 1405: Mr. MCHUGH, Mr. GREEN of Wis- H.R. 1095: Mr. WALSH. JACKSON-LEE of Texas, Mr. GORDON, Mr. MIL- consin, Mr. FRANK of Massachusetts, and Mr. H.R. 1114: Mr. ROGERS of Michigan. LER of Florida, Mr. HINOJOSA, Mr. ALEX- MCDERMOTT. H.R. 1119: Mr. STUPAK. ANDER, and Mr. LEWIS of Georgia. H.R. 1406: Ms. LORETTA SANCHEZ of Cali- H.R. 1131: Mr. SESSIONS. H.R. 669: Ms. KILPATRICK of Michigan, Mr. fornia. H.R. 1145: Mr. MOORE of Kansas. MENENDEZ, Mr. PALLONE, Mr. MOLLOHAN, Mr. H.R. 1419: Mr. OWENS, Ms. JACKSON-LEE of H.R. 1146: Mr. SAM JOHNSON of Texas. FORTUN˜ O, Mr. BOUSTANY, Mr. JEFFERSON, and Texas, and Mr. PALLONE. H.R. 1151: Mr. JINDAL, Mr. TIAHRT, Mr. Mr. MELANCON. H.R. 1421: Mr. LEACH and Mr. REGULA. TERRY, Mr. DAVIS of Tennessee, Mrs. CUBIN, H.R. 670: Mr. FATTAH. H.R. 1438: Mr. BARTLETT of Maryland. Mrs. DRAKE, Mr. BEAUPREZ, Mr. DAVIS of Illi- H.R. 689: Mr. CALVERT. H.R. 1440: Mr. FRANK of Massachusetts. nois, Mr. GORDON, Mr. HENSARLING, Mr. H.R. 737: Ms. SLAUGHTER. H.J. Res. 16: Mr. HALL and Mr. MILLER of H.R. 739: Mr. BARRETT of South Carolina. BONNER, and Mr. ALEXANDER. Florida. H.R. 740: Mr. BARRETT of South Carolina. H.R. 1183: Mrs. CHRISTENSEN and Mrs. JO H.J. Res. 39: Mr. NORWOOD, Mr. FRANKs of H.R. 741: Mr. BARRETT of South Carolina. ANN DAVIS of Virginia. Arizona, Mr. WAMP, and Mr. KUHL of New H.R. 742: Mr. BARRETT of South Carolina. H.R. 1184: Mr. CASE. York. H.R. 748: Mr. TURNER. H.R. 1193: Mr. KILDEE and Mr. PAYNE. H. Con. Res. 24: Mrs. MCCARTHY, Mr. FRANK H.R. 759: Mr. KUCINICH, Mr. HIGGINS, Ms. H.R. 1201: Mr. KENNEDY of Minnesota and of Massachusetts, Mr. CAPUANO, Mr. BOS- WOOLSEY, Ms. ESHOO, and Mr. SCHIFF. Ms. MILLENDER-MCDONALD. WELL, Mr. MOORE of Kansas, Mr. COSTA, Mr. H.R. 772: Mr. PASTOR, Mr. FILNER, Mr. KIL- H.R. 1204: Mr. TOWNS, Mrs. MCCARTHY, Mr. MEEKS of New York, Mrs. CHRISTENSEN, and DEE, and Ms. MILLENDER-MCDONALD. BAIRD, Mr. DOGGETT, Mr. OLVER, Ms. Mr. CONYERS. H.R. 778: Mr. FORTUN˜ O. SCHAKOWSKY, Mr. DAVIS of Alabama, Mr. H. Con. Res. 35: Mr. OLVER. H.R. 788: Mr. MATHESON. MCGOVERN, Mr. DAVIS of Illinois, Mr. AN- H. Con. Res. 41: Mr. GEORGE MILLER of H.R. 793: Mr. ORTIZ, Mr. JINDAL, Mr. DREWS, Mr. CROWLEY, Mr. MENENDEZ, Mr. California and Mr. MARIO DIAZ-BALART of MELANCON, Mr. KENNEDY of Minnesota, Mr. LANTOS, Mr. FILNER, Mr. GUTIERREZ, Mrs. Florida. LARSEN of Washington, and Mr. MCCRERY. JONES of Ohio, Mr. DOYLE, Mr. WEXLER, Mr. H. Con. Res. 52: Mr. CANNON. H.R. 797: Mr. RAHALL. NEAL of Massachusetts, Mr. MCNULTY, Ms. H. Con. Res. 61: Mr. EVANS. H.R. 808: Mr. BILIRAKIS, Mr. GONZALEZ, Mr. WASSERMAN SCHULTZ, Mr. WU, Ms. LEE, Ms. H. Con. Res. 71: Mr. HONDA. GORDON, Mr. GENE GREEN of Texas, Mr. ESHOO, Mr. TIERNEY, Ms. KAPTUR, Mr. MORAN H. Con. Res. 83: Mr. JOHNSON of Illinois, HALL, Ms. HOOLEY, Mr. MOORE of Kansas, Mr. of Virginia, Mr. ACKERMAN, Mr. WEINER, Mr. Mrs. MYRICK, Mr. ALLEN, Ms. BERKLEY, and PETERSON of Minnesota, Mr. STEARNS, Mr. VAN HOLLEN, Mr. MARKEY, Mr. LARSON of Mr. UDALL of Colorado. WESTMORELAND, Mr. WHITFIELD, Mr. KIRK, Connecticut, Mr. LYNCH, and Ms. MCCOLLUM H. Con. Res. 97: Mr. FILNER and Mr. Mr. EVANS, and Mr. SCHIFF. of Minnesota. BUTTERFIELD.

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H. Con. Res. 108: Mrs. DAVIS of California, H. Res. 172: Mr. WELDON of Pennsylvania. Ms. BORDALLO, Mrs. CHRISTENSEN, Mr. PRICE Mr. MEEK of Florida, Mr. ABERCROMBIE, Ms. H. Res. 183: Mr. HOLDEN, Mr. PETERSON of of North Carolina, Mr. MORAN of Virginia, WOOLSEY, Mr. SCHIFF, Mr. RAHALL, Mr. Minnesota, Mr. SAM JOHNSON of Texas, Mr. Ms. SCHAKOWSKY, Mr. MENENDEZ, Mr. SAM LARSON of Connecticut, and Mr. HINOJOSA. BISHOP of Georgia, Mr. WATT, Mr. ROSS, Mr. JOHNSON of Texas, Mrs. TAUSCHER, Mr. H. Res. 76: Mr. BUTTERFIELD. FITZPATRICK of Pennsylvania, Ms. CARSON, SCHIFF, Mr. BERMAN, Mr. GENE GREEN of H. Res. 84: Mr. MCCRERY. and Ms. LORETTA SANCHEZ of California. Texas, Mrs. MCCARTHY, Mr. MCGOVERN, Mr. H. Res. 85: Mr. DOGGETT. H. Res. 185: Mr. GONZALEZ. SNYDER, Ms. WASSERMAN SCHULTZ, Mr. H. Res. 127: Mr. CARDOZA, Mr. COSTA, Mr. H. Res. 186: Mr. LANTOS, Mr. NEAL of Mas- CARDIN, Mr. ROTHMAN, Mr. CUMMINGS, Ms. AN OLLEN SRAEL CUELLAR, Mrs. NAPOLITANO, Mr. REYES, Mr. sachusetts, Mr. V H , Mr. I , Mr. CARSON, Mr. HINOJOSA, Mr. MELANCON, Ms. ´ BISHOP of Georgia, Mr. OWENS, Mr. HOLDEN, SERRANO, Ms. SOLIS, Ms. LINDA T. SANCHEZ of JACKSON-LEE of Texas, Mr. ORTIZ, Mr. FORD, Mr. REYES, Mr. SCOTT of Georgia, Mr. DAVIS California, Ms. LORETTA SANCHEZ of Cali- Mr. HONDA, Mr. NEUGEBAUER, Ms. ESHOO, ´ of Tennessee, Mr. DOYLE, Mr. STUPAK, Mr. fornia, Ms. VELAZQUEZ, Mr. MENENDEZ, Mr. Mrs. LOWEY, Mr. MURPHY, Mr. PASTOR, and VISCLOSKY, Mr. HINCHEY, Ms. KAPTUR, Mr. ABERCROMBIE, Ms. CARSON, Ms. ROYBAL-AL- Mr. WAXMAN. CROWLEY, Mr. EVANS, Mrs. JONES of Ohio, LARD, Mr. BUTTERFIELD, Ms. LEE, Mr. BER- H. Res. 188: Mr. TAYLOR of Mississippi, Mr. Mr. PALLONE, Ms. MCCOLLUM of Minnesota, MAN, Mr. SALAZAR, Mr. FALEOMAVAEGA, Ms. REICHERT, Mr. JOHNSON of Illinois, Mr. Mr. KUCINICH, Mr. CASE, Mr. WEINER, Mr. HARMAN, Mr. FRANK of Massachusetts, Ms. FORBES, Mr. CASTLE, Mrs. MILLER of Michi- CARDOZA, Mr. GRIJALVA, Ms. PELOSI, Ms. KIL- WATSON, Mr. CLAY, Mr. LANTOS, Mr. RUSH, gan, Mr. HERGER, Mr. MELANCON, Mr. BISHOP PATRICK of Michigan, Ms. DELAURO, Mr. Ms. MCCOLLUM of Minnesota, and Mr. UDALL of Georgia, and Mr. MENENDEZ. of Colorado. BERRY, Mr. SERRANO, Mr. CARNAHAN, Mr. H. Res. 142: Mr. WAXMAN. JACKSON of Illinois, Mr. LYNCH, Mr. PAYNE, f H. Res. 148: Mr. FEENEY, Mr. AL GREEN of Mr. HASTINGS of Florida, Mr. NORWOOD, Mr. Texas, Ms. SLAUGHTER, Mr. BISHOP of Geor- RYAN of Ohio, Mr. MCNULTY, Mr. EDWARDS, gia, Mr. CUMMINGS, Ms. MCCOLLUM of Min- Ms. SLAUGHTER, Mr. FARR, Mr. BRADY of DELETIONS OF SPONSORS FROM nesota, and Ms. WATERS. Pennsylvania, Mr. GEORGE MILLER of Cali- PUBLIC BILLS AND RESOLUTIONS H. Res. 158: Mr. DAVIS of Florida, Mr. KIL- fornia, Mr. JEFFERSON, Mr. SKELTON, Mr. Under clause 7 of rule XII, sponsors DEE, Mrs. MALONEY, Mr. YOUNG of Alaska, TOWNS, Mr. MICHAUD, Mr. OBERSTAR, Mrs. Mr. GRIJALVA, Mr. LANGEVIN, Mr. ISRAEL, MALONEY, Mr. LANGEVIN, Ms. NORTON, Mr. were deleted from public bills and reso- Mr. VAN HOLLEN, Mr. MARKEY, Mr. ACKER- BLUMENAUER, Mr. MEEHAN, Ms. BERKLEY, Mr. lutions as follows: MAN, Mr. WEXLER, Mr. LINCOLN DIAZ-BALART KENNEDY of Rhode Island, Mr. DAVIS of Illi- H.R. 740: Mr. PRICE of North Carolina. of Florida, and Mr. PETERSON of Minnesota. nois, Mr. BISHOP of New York, Mr. PASCRELL, H.R. 742: Mr. PRICE of North Carolina.

VerDate Aug 04 2004 02:07 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A06AP7.067 H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, APRIL 6, 2005 No. 38 Senate The Senate met at 9:32 a.m. and was U.S. SENATE, throughout the course of the afternoon called to order by the Honorable PRESIDENT PRO TEMPORE, and likely into the evening, if nec- LAMAR ALEXANDER, a Senator from the Washington, DC, April 6, 2005. essary, to finish that bill. I hope Mem- State of Tennessee. To the Senate: bers will show some restraint and not Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby feel compelled to offer amendment PRAYER appoint the Honorable LAMAR ALEXANDER, a after amendment to the underlying bill The Chaplain, Dr. Barry C. Black, of- Senator from the State of Tennessee, to per- and only those amendments that are fered the following prayer: form the duties of the Chair. substantive and necessary. Let us pray. TED STEVENS, Chairman LUGAR and Senator BIDEN Eternal Spirit, who governs the na- President pro tempore. are expected to be on the floor tions with justice, hallowed be Your Mr. ALEXANDER thereupon assumed throughout the day working on amend- name. Lord, You cause the Earth to the Chair as Acting President pro tem- ments. Senators should notify their re- yield its harvest and send blessings to pore. spective cloakrooms if they intend to those who fear You. Great and mar- f offer an amendment to the State De- velous are Your works. partment bill. We will need to work RESERVATION OF LEADER TIME Today give guidance to our Senators very efficiently over the course of the and the representatives of the people of The ACTING PRESIDENT pro tem- day. I ask for all Members’ assistance this great land. Enable them to see the pore. Under the previous order, leader- in this process. stamp of Your image in each person ship time is reserved. f they serve. Remind them that when f UKRAINIAN PRESIDENT VIKTOR they lift up the lost and the least, they RECOGNITION OF THE MAJORITY YUSHCHENKO labor for You. Use them as Your instru- LEADER ments to bring order out of chaos. Mr. FRIST. Mr. President, in about Bless our military men and women. The ACTING PRESIDENT pro tem- an hour and a half we will receive the Save them from calamities and clothe pore. The majority leader is recog- address by Ukrainian President Viktor them with the armor of Your right- nized. Yushchenko. eousness. And, Lord, give traveling f It all began on November 22—not that long ago. On that icy Ukrainian mercies to the Senators who will be SCHEDULE traveling to the Vatican. day, hundreds of thousands of pro- We pray this in Your powerful Name. Mr. FRIST. Mr. President, this morn- testers from all over the countryside Amen. ing, following the leader time, we will converged on Kiev’s Independence resume consideration of the State De- Square to protest the Ukrainian Presi- f partment authorization. In a moment, dential election. The incumbent fa- we will consider a couple of resolutions vored candidate, Viktor Yanukovych, PLEDGE OF ALLEGIANCE that have been cleared, with some brief had been declared the winner already. The Honorable LAMAR ALEXANDER led remarks. Following that, there will be Meanwhile, nonpartisan, independent the Pledge of Allegiance, as follows: debate time remaining before 10 this exit polling—or series of polls—showed I pledge allegiance to the Flag of the morning, to be used for the pending that Viktor Yushchenko, leader of the United States of America, and to the Repub- Biden amendment. At 10 a.m., we will opposition party, had a clear nine- lic for which it stands, one nation under God, vote on the Biden amendment as the point lead. indivisible, with liberty and justice for all. agreement provided last night. For 17 days, in subzero weather, hun- Following that vote, the Senate will dreds of thousands of men and women f recess for a joint meeting of the House filled the streets of Independence and Senate to receive an address by Square, huddled in tents among strang- APPOINTMENT OF ACTING Ukrainian President Viktor ers, braving the threats of police vio- PRESIDENT PRO TEMPORE Yushchenko, which is at 11 o’clock. lence. It was an astonishing emotional The PRESIDING OFFICER. The Therefore, the Senate will proceed to display that stunned the world as these clerk will please read a communication the House of Representatives at ap- images came through our newspapers to the Senate from the President pro proximately 10:30 this morning. and across the television. After 17 days tempore (Mr. STEVENS). At the conclusion of the joint meet- of this nonviolent solidarity, the peo- The legislative clerk read the fol- ing, we will resume debate on the State ple won. A new election was held. On lowing letter: Department bill. I expect votes January 23, Viktor Yushchenko was

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

S3237

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VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3238 CONGRESSIONAL RECORD — SENATE April 6, 2005 sworn in as the new President. The The PRESIDING OFFICER. Without (1) commends the champion North Carolina ‘‘Orange Revolution’’ will be forever objection, it is so ordered. Tar Heels for their historic win in the 2005 emblazoned in the memories of all The resolution (S. Res. 98) was agreed National Collegiate Athletic Association Di- those who strive for freedom. to. vision I Men’s Basketball Tournament; (2) recognizes the achievements of the On behalf of the Senate, I am privi- The preamble was agreed to. players, coaches, students, and support staff leged to welcome the leader of this his- The resolution, with its preamble, who were instrumental in helping the Uni- toric moment, President Viktor reads as follows: versity of North Carolina Tar Heels win the Yushchenko, to our Nation’s Capitol. S. RES. 98 tournament; and Today, at 11 a.m. the President will Whereas on April 4, 2005, the North Caro- (3) directs the Secretary of the Senate to address a joint session of Congress, lina Tar Heels defeated the Illinois Fighting transmit a copy of this resolution to Univer- making him the only leader of a former Illini 75–70 in the finals of the National Col- sity of North Carolina Chancellor James Soviet republic outside of Russia to do legiate Athletic Association (‘‘NCAA’’) Divi- Moeser and head coach Roy Williams for ap- propriate display. so. We are honored to have him address sion I Men’s Basketball Tournament in St. our highest legislative Chambers. We Louis, Missouri; f Whereas the Tar Heels now hold 5 men’s extend to him our congratulations and basketball titles, including 4 NCAA tour- COMMENDING PAT SUMMITT, to the Ukrainian people our friendship nament titles—the fourth-most in NCAA his- HEAD COACH OF THE UNIVER- and support. We are grateful for the tory; SITY OF TENNESSEE WOMEN’S sacrifices the Ukrainian military made Whereas the Tar Heels’ men’s team has BASKETBALL TEAM in pursuing the cause of freedom and won championships in 1924, 1957, 1982, 1993, Mr. FRIST. Mr. President, I ask security in Iraq. and 2005; unanimous consent that the Senate However, much lies ahead. I am Whereas Tar Heels head coach and Ashe- ville, North Carolina, native Roy Williams now proceed to the consideration of S. heartened by President Yushchenko’s Res. 97, which was submitted earlier commitment to reform. Following his won his first NCAA title in just his second year coaching the team, improving to 470–116 today. inauguration, the Senate pledged to in 17 seasons as a head coach, and has the The PRESIDING OFFICER. The support the Ukrainian people to estab- best record of any active coach in men’s bas- clerk will state the resolution by title. lish full democracy, rule of law, respect ketball; The legislative clerk read as follows: for human rights, and a free, trans- Whereas seniors Jawad Williams, Jackie A resolution (S. Res. 97) commending Pa- parent, and open economy. We firmly Manuel, Melvin Scott, Charlie Everett, and tricia Sue Head Summitt, head women’s bas- support Ukraine’s independence and C.J. Hooker celebrated 4 years at North ketball coach of the University of Tennessee, territorial sovereignty and their full Carolina with a ‘‘Final Four’’ win; for three decades of excellence as a proven integration into the international com- Whereas Sean May was named Most Out- leader, motivated teacher, and established standing Player of the tournament, scoring munity of democracies. champion. 26 points and collecting 10 rebounds in the There being no objection, the Senate The President of the United States final game; has requested resources to support Whereas Tar Heels Raymond Felton and proceeded to consider the resolution. Ukraine’s democracy building. It goes Rashad McCants joined Sean May on the All- Mr. FRIST. Mr. President, I ask without saying that the Senate sup- Tournament Team, along with Illini players unanimous consent that the resolution ports funding Ukraine’s efforts. Luther Head and Deron Williams; be agreed to, the preamble be agreed I look forward to President Whereas the North Carolina Tar Heels fin- to, and the motion to reconsider be laid Yushchenko’s historic address to the ished the 2004–2005 season with 33 wins and upon the table. just 4 losses, and won the championship by The PRESIDING OFFICER. Without Congress in a short while. He and the defeating an Illinois team that tied an NCAA people of Ukraine have inspired the objection, it is so ordered. record for wins in a season at 37; The resolution (S. Res. 97) was agreed world and have written a new chapter Whereas freshman Tar Heel Marvin Wil- to. in the story of human freedom. liams helped seal the victory with a tip-in The preamble was agreed to. On that first day the marchers filled with 1 minute and 26 seconds left to play; The resolution, with its preamble, Independence Square, they chanted: Whereas the Tar Heel defense held Illinois to 27 percent from the field in the first half reads as follows: ‘‘Together we are many. We cannot be S. RES. 97 defeated.’’ and prevented the Illini from scoring during the last 2 minutes and 37 seconds; Whereas Pat Summitt, in her 31st year as Today, on behalf of the American Whereas North Carolina defeated Michigan head coach of the Lady Volunteers (the people, I say to the people of Ukraine: State 87–71 to earn a spot in the final con- ‘‘Lady Vols’’), has become the Nation’s all- Together we are one. Freedom will pre- test; time winningest NCAA basketball coach vail. Whereas the Tar Heels defeated Oakland (men’s or women’s) with her 880th career vic- f and Iowa State in Charlotte, North Carolina, tory, surpassing the legendary coach Dean then Villanova and Wisconsin in Syracuse, Smith of the University of North Carolina; COMMENDING THE NORTH CARO- New York, to advance to the ‘‘Final Four’’; Whereas Pat Summitt, at the age of 22, LINA TAR HEELS MEN’S BAS- Whereas Albemarle, North Carolina, native took over the women’s program at Tennessee KETBALL TEAM FOR WINNING Woody Durham has been the radio play-by- in 1974, when there were no scholarships and THE 2005 NATIONAL CHAMPION- play voice of North Carolina’s basketball she had to wash the uniforms and drive the SHIP programs since 1971, and this was his 11th team van; ‘‘Final Four’’ with the Tar Heels and third Whereas Pat Summitt won her first game Mr. FRIST. Mr. President, I ask national championship call; on January 10, 1975, and continued to win unanimous consent that the Senate Whereas the Tar Heel team members are games as she became the youngest coach in now proceed to the consideration of S. excellent representatives of a fine university the nation to reach 300 wins (34 years old), Res. 98, which was submitted earlier that is a leader in higher education, pro- 400 wins (37 years old), 500 wins (41 years old), today. ducing 38 Rhodes scholars, as well as many 600 wins (44 years old), 700 wins (47 years old), The PRESIDING OFFICER. The fine student-athletes and other leaders; and 800 wins (50 years old); Whereas Pat Summitt has coached the clerk will state the resolution by title. Whereas each player, coach, trainer, man- ager, and staff member dedicated this season Lady Vols to 15 30-plus win seasons, includ- The legislative clerk read as follows: and their efforts to ensure the North Caro- ing a perfect season of 39–0, 13 Southeastern A resolution (S. Res. 98) commending the lina Tar Heels reached the summit of college Conference (SEC) regular-season titles, and University of North Carolina Men’s basket- basketball; 11 SEC tournament championships; ball team for winning the 2005 National Col- Whereas the Tar Heels showed tremendous Whereas Pat Summitt has appeared in legiate Athletic Association Division I Men’s dedication to each other, appreciation to more NCAA tournament games (107), and has Basketball Championship. their fans, sportsmanship to their opponents, won more tournament games (89), than any There being no objection, the Senate and respect for the game of basketball other collegiate coach, including a record of proceeded to consider the resolution. throughout the 2005 season; and 36–0 in the first two rounds, 16 NCAA Final Mr. FRIST. Mr. President, I ask Whereas residents of the Old North State Four appearances, and 6 NCAA Champion- and North Carolina fans worldwide are to be ship Titles, including the NCAA’s first back- unanimous consent that the resolution commended for their long-standing support, to-back-to-back women’s titles in 1996, 1997, be agreed to, the preamble be agreed perseverance and pride in the team: Now, and 1998; to, and the motion to reconsider be laid therefore, be it Whereas Pat Summitt played on the 1976 upon the table. Resolved, That the Senate— United States Olympic team and later

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3239 coached the United States women’s basket- Following her remarkable run in the ers, because of the team play, because ball team to its first Olympic gold medal in 1990s, the Lady Vols were named of the good coaching, and now because 1984; ‘‘Team of the Decade’’ by ESPN, tying of the parity of the sport. Whereas Pat Summitt has been named SEC with the Florida State football team, There are a lot of good teams, a lot of coach of the year 6 times and national coach good coaches, and many of them are of the year by several associations, including and on October 13, 2000, Coach Summitt the Sporting News Coach of the Year, the became only the fourth women’s coach former assistants to Pat Summitt. It Naismith Coach of the Year, and the Associ- inducted into the Basketball Hall of seems she always has a good word to ated Press Coach of the Year; Fame. The University of Tennessee has say about this program or that pro- Whereas Pat Summitt and the Lady Vols recently honored Pat Summitt by re- gram, this opponent or that opponent. were selected by ESPN as the ‘‘Team of the naming the court at Thompson-Boling Her objective is to build the game up as Decade’’ (1990s), sharing the honor with the Arena ‘‘The Summitt.’’ much as it is to win the game. Florida State University Seminole’s football Today I join together with the many The final superlative is Pat team, and Summitt became the first female Summitt’s emphasis on academic coach to appear on the cover of Sports Illus- Lady Vols fans in acknowledging Coach Pat Summitt for her service to her achievement. Every young woman who trated; has ever played for her over 31 years Whereas Pat Summitt was officially ac- team, the University of Tennessee, and cepted to the Women’s Basketball Hall of the game of basketball. Her dedication has either graduated or is working Fame in 1999, and was then inducted to the to excellence over the past 31 years has today on the requirements for gradua- Basketball Hall of Fame on October 13, 2000, been exemplary and has made her a tion. That is almost as difficult as win- as only the 4th women’s basketball coach to role model for future generations of ning back-to-back NCAA champion- earn Hall of Fame honors; students, players, and coaches. ships. It certainly sets the right tone Whereas Pat Summitt’s Lady Vols have a Congratulations, Pat Summitt. for college sports. remarkable graduation rate, as each student- I know how proud I was as a univer- athlete who has completed her eligibility at I yield the floor. The PRESIDING OFFICER (Mr. VIT- sity president to have that most visible Tennessee has received her degree or is in symbol of our university have such the process of completing all of the require- TER). The Senator from Tennessee is ments; and recognized. high values. It is mentioned at all the Whereas Pat Summitt has recently been Mr. ALEXANDER. Mr. President, I games, people see it all the time. It is honored by the University of Tennessee, as join my colleague, the majority leader, a superlative achievement. the court at Thompson-Boling Arena will be in saying a word about Pat Summitt. This past year, Nicky Anosike, one of named ‘‘The Summitt’’: Now, therefore, be it I am delighted the majority leader eight children of a mother from Nige- Resolved, That the Senate commends the scheduled time for this discussion of ria now living in the United States, be- University of Tennessee women’s basketball came a sudden star at the University of coach, Patricia Sue Head Summitt, for three Pat Summitt and submitted the resolu- tion, which I am proud to cosponsor. Tennessee as a freshman. There were decades of excellence as a proven leader, mo- six great recruits said to be the best re- tivated teacher, and established champion. There are a great many superlatives one could offer about Coach Summitt. cruiting class ever in the history of Mr. FRIST. Mr. President, I rise to this country. Four of them were hurt. speak to the resolution that was just Perhaps the most obvious is sustained excellence over such a long period of Nicky Anosike was not hurt, and she passed, along with my fellow Lady Vol suddenly became a starter on the team fan and colleague, Senator LAMAR time—as the majority leader said, 16 Final Four appearances, three back-to- and one of its best starters. Some peo- ALEXANDER, who is currently occu- ple say she is a female Scottie Pippen pying the Chair. back national titles, 107 NCAA tour- nament games, virtually undefeated on at the top of his game. This is a resolution honoring our As I suspect happens with many of the floor of the Thompson-Boling friend Pat Summitt, head coach for the Pat’s freshman students, Nicky Arena, which is now renamed The University of Tennessee women’s bas- Anosike called home the next few ketball team, as one of the greatest Summitt in her honor, always playing weeks discussing with her mother how coaches in NCAA basketball history. the toughest schedule, always high ex- difficult it was to play for Pat For 31 seasons, Pat Summitt has pectations. Summitt because she demanded so I was president of the University of served as the head coach of the Ten- much. Her mother said: What does she nessee Lady Volunteer basketball Tennessee for nearly 3 years. I remem- expect of you that I did not expect of team. When she first took the position ber going to a year-end Lady Vols bas- you? That is the reason why I believe in 1974 as a 22-year-old graduate teach- ketball banquet because I remember parents and young women want those ing assistant, her team consisted of the team had won the Southeastern young women to go to the University non-scholarship players who depended Conference Championship and did not of Tennessee to play for Pat Summitt on her to wash their uniforms and make the Final Four. Pat Summitt when they might be admitted to any drive the team’s van. Only 53 fans wit- congratulated the players, but I re- school in the country. It is that for 31 nessed Coach Summitt’s first win that member the atmosphere was more like years, Pat Summitt has brought out season. But from that day forth, Coach a funeral than a celebration because, the best in those young women. Pat Summitt and the Lady Vols start- obviously, the team did not meet the f ed what is now an unprecedented win- expectations Coach Summitt had for ning tradition. her players. VIKTOR YUSHCHENKO This season, Pat became the Nation’s We live in a society of televised im- Mr. ALEXANDER. Mr. President, I all-time winningest NCAA basketball ages in which we meet a steady stream wish to comment on the majority lead- coach, men’s or women’s, with her of people who are at the top of their er’s remarks about Viktor 880th career victory, surpassing the game for 15 minutes or for a few Yushchenko, who will be addressing a legendary Coach Dean Smith of the months or for a few years. But for Pat joint meeting at 11 o’clock. University of North Carolina. Along Summitt, it has been 31 years at the Two weeks ago, I had the privilege, the way, Pat Summitt has achieved un- top of her game, and there is no end in with the Democratic leader, of visiting paralleled results on the court, ele- sight. with Mr. Yushchenko for an hour. We vating the Lady Vols to one of the elite There are a couple of other less obvi- also were in Georgia, Iraq, Palestine, programs in all of sports. ous superlatives about Coach Summitt. and Israel. We saw emerging democ- Her resume consists of 15 30-plus win One of these is unselfishness. The racies across the country. seasons, including one undefeated sea- coaches whom she regularly defeats One of the most vivid impressions I son record of 39 to 0. Pat has coached will tell you, to a woman or a man, had was after meeting with Mr. her team to six national titles, includ- that no one has done more to build the Yushchenko, we met with students in ing back-to-back-to-back champion- game of women’s basketball than Pat Ukraine. Senator REID asked them how ships in 1996, 1997 and 1998. The Lady Summitt. When she started, there were long before they expected results. Vols played in their 16th Final Four three girls at each end of the court These were the ones who Senator FRIST this past Sunday as Pat Summitt set a playing in an empty gym. Today it is described as being among the hundreds new all-time record for Final Four ap- my favorite game to watch on tele- of thousands in November and Decem- pearances. vision because of the skill of the play- ber waiting outside in the bitter cold

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3240 CONGRESSIONAL RECORD — SENATE April 6, 2005 causing this change. Some of the stu- Mr. LUGAR. Mr. President, I ask out of the hole, both politically and fi- dents said a year. Others disagreed and unanimous consent that the order for nancially. said 9 months. the quorum call be rescinded. If my colleague from Indiana is cor- It seems to me one of the greatest The PRESIDING OFFICER. Without rect that the administration wants dangers we have with these emerging objection, it is so ordered. room to negotiate, the President is democracies is reminding them that AMENDMENT NO. 286 going to be President for 31⁄2 more there is no such thing as an instant de- Mr. LUGAR. Mr. President, I ask years, God willing and the creek not mocracy in Ukraine or anywhere else. Senators to oppose the Biden amend- rising, as my grandpop used to say. The So I said to the students with respect: ment. I appreciate the perspective of truth is, this lasts for 2 years. It gives In the United States, it took us 12 Senators who want to preserve the 27- all the negotiating room possible. To years to write a constitution after the percent cap, as well as those who want now go ahead and change the deal in Declaration of Independence, and we the cap to be reduced to the 25-percent the minds of every Ambassador to the had to lock the press out to do it. It level in accordance with the Helms- United Nations—here they go again—at took us 130 years to give women the Biden legislation. the very time we are sending the worst right to vote. It took us 200 years be- In offering this amendment, I am at- person we can possibly send, not in fore African Americans could vote in tempting to represent the views of terms of morality but in terms of his every part of our country. those Senators who believe that forth- attitude to the U.N.—the double wham- So in Iraq, in Georgia, in Ukraine, in coming discussions on U.N. reform my of sending Bolton to the United Na- emerging democracies, patience is im- should include additional consideration tions and cutting our commitment portant, and that is one of the exam- of U.S. financial obligations for peace- that we have kept to for the past years, ples we have. keeping. This is a reasonable expecta- and over the request of the President f tion given the reform context at the we cut by 2 percent our commitment, United Nations. Since our committee would be a very serious problem. FOREIGN RELATIONS AUTHORIZA- marked up this bill, John Bolton has I strongly urge my colleagues to sup- TION ACT, FISCAL YEARS 2006 been announced as the President’s port the Biden amendment. I fully ap- AND 2007 nominee to be Ambassador to the U.N., preciate the position of my friend from The PRESIDING OFFICER. Under and Secretary General Kofi Annan has Indiana, but I think he is mistaken on the previous order, the Senate will re- put forward a sweeping U.N. reform this point. We do not often disagree sume consideration of S. 600, which the plan. that much, but on this one we do dis- clerk will report. Clearly, U.N. reform is going to be agree. The legislative clerk read as follows: high on the agenda. The Helms-Biden I urge my colleagues to vote yes on A bill (S. 600) to authorize appropriations legislation anticipates that the U.S. the Biden amendment to keep the for the Department of State and inter- share of peacekeeping dues would de- President’s request in this legislation. national broadcasting activities for fiscal cline to 25 percent of the world total. The PRESIDING OFFICER. The ma- years 2006 and 2007, for the Peace Corps for This remains a goal of U.S. policy to- jority leader is recognized. fiscal years 2006 and 2007, for foreign assist- ward the United Nations. I believe we Mr. FRIST. Mr. President, I rise in ance programs for fiscal years 2006 and 2007, opposition to the Biden amendment and for other purposes. should give the U.S. negotiators the most leverage possible to attain U.S. and to second Chairman LUGAR’s re- Pending: goals. marks. The chairman is looking to the Lugar amendment No. 266, to strike the It has been suggested that the 27-per- future of the United Nations and not to amendment to the limitation on the United cent agreement struck subsequent to the past. The negotiations at the U.N. States share of assessments for the United regarding U.N. reform and the lowering Nations Peacekeeping operations. the Helms-Biden legislation is the best McCain/DeWine amendment No. 267, to au- we can do. Many Senators assert this is of U.N. peacekeeping dues are under- thorize the extension of nondiscriminatory true, particularly since we are entering way. Let us ensure that our next Am- treatment (normal trade relations treat- a period when substantial reform nego- bassador to the United Nations has an ment) to the products of Ukraine. tiations will take place at the U.N. But opportunity to go to New York and to Baucus amendment No. 281, to facilitate in the coming weeks, Congress will work on this issue. the sale of United States agricultural prod- have further opportunities to work Our Ambassador will be working to ucts to Cuba, as authorized by the Trade with President Bush to craft the most lower U.S. dues. By adopting Senator Sanctions Reform and Export Enhancement BIDEN’s amendment, we will make that Act of 200. efficient means possible of reducing the Craig/Roberts amendment No. 282 (to U.S. share of peacekeeping assess- job more difficult by conceding our amendment No. 281), to clarify the payment ments. willingness to live with the status quo. terms under the Trade Sanctions Reform and I believe defeating the Biden amend- We have an opportunity to lower the Export Enhancement Act of 2000. ment at this time will facilitate these U.S. rate to serve the U.S. taxpayers Dodd amendment No. 283, to express the consultations and strengthen the hand better and to make the U.N. more effi- sense of the Senate concerning recent pro- of our negotiators. cient if Congress does not send mixed vocative actions by the People’s Republic of I reserve the remainder of my time, signals to the U.N. China. Next week, the Foreign Relations Dorgan/Wyden amendment No. 284, to pro- Mr. President. hibit funds from being used for television The PRESIDING OFFICER. The Sen- Committee will have its hearing on broadcasting to Cuba. ator from Delaware is recognized. John Bolton to be Ambassador to the Biden amendment No. 286 (in lieu of the Mr. BIDEN. Mr. President, how much U.N. We will have the opportunity to language proposed to be stricken by Lugar time do I have? discuss this issue at length with him. amendment No. 266), relative to the United The PRESIDING OFFICER. The Sen- Do we want to make his job that much States share of assessment for United Na- ator has 3 minutes. harder by adopting this amendment? If tions Peacekeeping operations. Mr. BIDEN. Mr. President, this we adopt this amendment, we undercut The PRESIDING OFFICER. Under amendment implements what Presi- him before he gets there. the previous order, the time until 10 dent Bush is requesting. Specifically, It is time for real reform at the U.N. a.m. will be equally divided between the President requested that for the Achieving a sustainable level for peace- the chairman and ranking member. next 2 years we keep our assessment at keeping assessments is an important The Senator from Tennessee. 27 percent. first step. Mr. ALEXANDER. Mr. President, I Mr. President, 10,000 forces are being The Congress has spoken to this issue suggest the absence of a quorum and sent to the Sudan under the auspices of in the past. Let us give our Ambas- ask that the time be equally charged. the United Nations. They are respond- sador to the U.N. an opportunity to get The PRESIDING OFFICER. Without ing as we are asking them to respond. up there and to lower our rates. Let us objection, it is so ordered. We are in the process of making gen- also not let this issue be the one item The clerk will call the roll. uine progress. The last thing we need that threatens passage of this impor- The legislative clerk proceeded to to do is start to build up arrearages tant legislation. call the roll. again; it took years to work ourselves I yield the floor.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3241 The PRESIDING OFFICER. The Sen- McConnell Shelby Talent (A) do not have a criminal background; ator from Delaware. Murkowski Smith Thomas (B) are not connected to any criminal or Nelson (NE) Snowe Thune insurgent group; Mr. BIDEN. Does the Senator from Roberts Specter Vitter (C) are not connected to drug traffickers; Delaware have any time remaining? Santorum Stevens Voinovich Sessions Sununu Warner and The PRESIDING OFFICER. The Sen- (D) meet the minimum age and experience ator from Delaware has 58 seconds re- NOT VOTING—3 standards set out in appropriate inter- maining. Crapo Dayton Rockefeller national agreements; and Mr. BIDEN. Mr. President, the leader The amendment (No. 286) was re- (3) the Bureau has established procedures has much better access to the Presi- jected. that— (A) clearly establish the standards an indi- dent than I do, but to the best of my Mr. LUGAR. Mr. President, I move to knowledge there is no negotiation, has vidual who will receive such training must reconsider the vote, and I move to lay meet; been no negotiation, no discussion, no that motion on the table. (B) clearly establish the training courses comment whatsoever about changing The motion to lay on the table was that will permit the individual to meet such the U.S. provision from 27 percent to 25 agreed to. standards; and percent. I know of nothing. The State AMENDMENT NO. 266 (C) provide for certification of an indi- Department has never said anything to The PRESIDING OFFICER. The vidual who meets such standards. (b) ADVISORY BOARD.—The Secretary shall me. The Defense Department, the question is on agreeing to the Lugar White House, Kofi Annan, nobody has establish an advisory board of 10 experts to amendment No. 266. advise the Bureau on issues related to cost raised this, except my friends on the The amendment (No. 266) was agreed efficiency and professional efficacy of police conservative right in the Republican to. and security training programs. The board Party. Mr. LUGAR. Mr. President, I move to shall have not less than 5 members who are If we do not want to send a mixed reconsider the vote, and I move to lay experienced United States law enforcement signal, do not vote against the Presi- that motion on the table. personnel. (c) BUREAU DEFINED.—In this section, the dent. The President of the United The motion to lay on the table was States, not our conservative friends on term ‘‘Bureau’’ means the Bureau of Inter- agreed to. national Narcotics and Law Enforcement Af- the right side of the aisle, says 27 per- f fairs of the Department of State. cent. Do not undercut the President (d) ANNUAL REPORT.—Not later than Sep- and send a mixed signal. RECESS tember 30 of each fiscal year, the Secretary I yield whatever time I have remain- The PRESIDING OFFICER. Under shall submit to Congress a report on the ing, and I ask for the yeas and nays. the previous order, the Senate stands training for international police or security The PRESIDING OFFICER. All time in recess until 12 noon. forces conducted by the Bureau. Such report shall include the attrition rates of the in- has expired. Is there a sufficient sec- Thereupon, the Senate, at 10:38 a.m., structors of such training and indicators of ond? recessed until 12 noon and reassembled job performance of such instructors. There appears to be a sufficient sec- when called to order by the Presiding Mr. SALAZAR. Madam President, I ond. Officer (Mr. MURKOWSKI). rise in support of this amendment to The question is on agreeing to f document the importance of making amendment No. 286. FOREIGN AFFAIRS AUTHORIZA- sure we have the right standards and The clerk will call the roll. TION ACT, FISCAL YEARS 2006 certifications with respect to training The legislative clerk called the roll. and 2007 law enforcement and security officers Mr. MCCONNELL. The following Sen- on missions around the world. ator was necessarily absent: the Sen- The PRESIDING OFFICER. The Sen- I speak to this amendment based on ator from Idaho (Mr. CRAPO). ator from Colorado. my experience as Colorado attorney Mr. DURBIN. I announce that the Mr. SALAZAR. I ask unanimous con- general where I sat as chairman of the sent to lay aside the pending amend- Senator from Minnesota (Mr. DAYTON) peace officers standards and training and the Senator from West Virginia ment. board for a period of 6 years. Working The PRESIDING OFFICER. Without (Mr. ROCKEFELLER) are necessarily ab- with my colleagues in law enforce- sent. objection, it is so ordered. ment, we developed a set of standards The PRESIDING OFFICER. Are there AMENDMENT NO. 308 that made sure the people we were re- any other Senators in the Chamber de- Mr. SALAZAR. I send an amendment cruiting into our police forces in the siring to vote? to the desk. State of Colorado were people who had The result was announced—yeas 40, The PRESIDING OFFICER. The been checked for criminal backgrounds nays 57, as follows: clerk will report. and would be able to serve. We also de- The assistant legislative clerk read [Rollcall Vote No. 84 Leg.] veloped a set of standards with respect as follows: YEAS—40 to the training of these law enforce- The Senator from Colorado [Mr. SALAZAR] ment officers. This amendment creates Akaka Feinstein Mikulski proposes an amendment numbered 308. Bayh Harkin Murray those same standards and background Biden Inouye Nelson (FL) Mr. SALAZAR. I ask unanimous con- checks with respect to people being re- Bingaman Jeffords Obama sent further reading be dispensed with. cruited into security forces to help Boxer Johnson Pryor The PRESIDING OFFICER. Without with our efforts around the world. Cantwell Kennedy Reed Carper Kerry objection, it is so ordered. I understand the amendment I have Reid The amendment is as follows: offered will be considered by Senator Clinton Kohl Salazar Conrad Landrieu Sarbanes (Purpose: To increase the accountability and LUGAR and others as we return to the Corzine Lautenberg Schumer effectiveness of international police train- Senate. Dodd Leahy Stabenow Dorgan Levin ing) I yield the floor and I suggest the ab- Durbin Lieberman Wyden At the end of title VIII, insert the fol- sence of a quorum. Feingold Lincoln lowing: The PRESIDING OFFICER. The NAYS—57 SEC. 812. INTERNATIONAL POLICE TRAINING. clerk will call the roll. (a) REQUIREMENTS FOR INSTRUCTORS.—Prior The assistant legislative clerk pro- Alexander Coburn Graham Allard Cochran Grassley to carrying out any program of training for ceeded to call the roll. Allen Coleman Gregg police or security forces through the Bureau AMENDMENT NO. 284 Baucus Collins Hagel that begins after the date of the enactment Mr. DORGAN. Madam President, I Bennett Cornyn Hatch of this Act, the Secretary shall ensure that— ask unanimous consent that the order Bond Craig Hutchison (1) such training is provided by instructors Brownback DeMint Inhofe who have proven records of experience in for the quorum call be rescinded. Bunning DeWine Isakson training law enforcement or security per- The PRESIDING OFFICER. Without Burns Dole Kyl sonnel; objection, it is so ordered. Burr Domenici Lott Mr. DORGAN. Madam President, yes- Byrd Ensign Lugar (2) the Bureau has established procedures Chafee Enzi Martinez to ensure that the individuals who receive terday I offered an amendment on be- Chambliss Frist McCain such training— half of myself and Senator WYDEN from

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3242 CONGRESSIONAL RECORD — SENATE April 6, 2005 Oregon. I will now describe that So we have a program we pay for that If you sat around a smalltown cafe´ amendment in some greater detail. I doesn’t work, that is not needed, and and talked about this, you would not know others, including my colleague we keep doing it year after year. get one person in a million who would from Oregon, will be here. And this year, guess what. The Presi- say, well, if we have something that It is an amendment to terminate dent wants to double the funding. Yes, doesn’t work, let’s keep doing it; in something called TV Martı´, Television that is true, a program that does not fact, let’s double it. Let’s do more of it. Martı´. It is spending money on some- work, is unneeded, is wasting the tax- Almost everyone would say: Are you thing that does not work, spending payers’ money, and the President’s out of your mind? What are you think- money we do not have on something budget says, let’s double the funding. ing about, funding something that does that is not needed. Even waste, of Let me tell you what they did after not work? If it is clear it does not course, has a constituency in this they had this introduction of Fat Al- work, why does it take you 16 years to town, so there will be those who will bert. Fat Albert gets loose, goes over decide it does not work? And if it does oppose this amendment. I will describe to the Everglades, it is kind of a prob- not work, why on Earth would you sug- why this is a tragic waste of the Amer- lem, and everyone is embarrassed gest doubling the funding? Yet that is ican taxpayers’ money. about it. It is a worthless program that exactly what we have. This is a picture of an aerostat bal- sends signals no one can receive to the Now, we have people who will, I am loon called Fat Albert. Fat Albert has Cuban people, and then they lose a bal- sure, defend this, and they will say: a great history. Fat Albert has been loon and they have all these embar- Well, do you know something? There used for a number of things. At one rassing anecdotes of the fact that they are some Cubans who say they have point we had an aerostat balloon, Fat are spending money to broadcast a tel- seen it. We have 19 million people in Albert, that got loose of its mooring in evision signal no one can receive, and Cuba, somewhere in that neighborhood. Florida. Eventually, it lifted fishing so they decide they will do something I think when the State Department boats from the sea. They had to shoot different. talks about this, they say: We have 250 October 10, 2003, in the Rose Garden, it down. The Air Force had to shoot sitings of people who actually have the administration announced new down Fat Albert. seen Television Martı´. ‘‘get tough’’ measures with Cuba This is the aerostat balloon, along What they were doing is, they were which, among other things, said we with a 20,000-foot tether cable that interviewing people off the boats com- will stop using Fat Albert; we are not broadcasts television signals into the ing from Cuba in order to see if they going to use an aerostat balloon any- country of Cuba to tell the Cubans how could get some evidence that somebody more. Now we are going to take Com- good life is in America and to give the was actually able to see something mando Solo, a C–130 Air National Cubans a straight story. more than the snow on this screen. Guard plane, special operations C–130 We have spent $189 million on this They got such an embarrassingly small airplane called Commando Solo. They program over a number of years since amount of testimony from people who are going to now broadcast television 1989. Over 16 years we have spent near- have said they could see this, they fi- signals from Commando Solo. ly $200 million. The broadcast of TV Martı´ from nally stopped asking people. So now We have another program called Commando Solo commenced once a there are no surveys because it was too Radio Martı´. I don’t propose that we embarrassing to get a survey com- week for a 41⁄2 hour broadcast. They use terminate funding for that because by the same technology the current Fat pleted that said this is a tragic, com- and large the Cubans are receiving sig- Albert blimp uses. It broadcasts a sig- plete, total, thorough waste of tax- ´ ´ nals from Radio Martı. Radio Martı is nal from a high altitude which then is payer money. beneficial. I have been to Cuba and jammed by the Castro Government. What we have is a bill on the floor of talked to the Cubans. They can listen The Commando Solo cannot overcome the Senate that promotes the Presi- to commercial stations from Miami, as jammers in Havana, either. It can only dent’s budget that says we will double well, and do. But Radio Martı´ gets its reach areas if there are areas where the funding for this program that is a total signals to the Cuban people. Castro Government is not jamming. waste from $10.3 million to $21.1 mil- TV Martı´, by contrast, has cost the Commando Solo is operated by the lion in fiscal year 2006. And the $10 mil- American taxpayer since 1989 $189 mil- 193rd Special Operations Wing of the lion increase would go toward buying lion to broadcast television signals Pennsylvania National Guard. It was an airplane that would transmit 4 into Cuba that the Cuban people can- designed for psychological warfare in hours of TV broadcast to Cuba each not see because the Castro Government military situations. It has been used to day that would be jammed by the Cas- routinely jammed those signals. In broadcast television messages in Pan- tro Government and that would not be fact, for much of its existence, Tele- ama, Desert Shield, Grenada, Desert able to be received by the Cuban peo- vision Martı´ was broadcasting signals Storm, Afghanistan, and Iraq, largely ple. from 3 a.m. until 8 in the morning— areas where there has been combat TV Martı´ says it could operate a sec- again, broadcasting signals the Cuban that has occurred. There are half a ondhand, modest twin engine plane for people could not see. dozen of these airplanes that exist. about $8 million. They would buy it for That, of course, is no barrier in this They are a precious military resource $8 million, and spend $2 million a year country. The 20,000-foot tether on the that is being used for what is now a on the plane. There is not a shred of aerostat balloon called Fat Albert sits nonmilitary operation. So now instead evidence—not a shred of evidence— up there in the sky with the techni- of Fat Albert, or in addition to Fat Al- anywhere that this would put us in a cians. By the way, since they had to bert, we have Commando Solo. There is different position than now exists. The shoot one down and since another one no evidence, of course, that the Cubans desire to use, for 16 years, an aerostat got loose and went over to the Ever- can receive a signal from Commando balloon called Fat Albert, and then the glades and they had to round up this Solo, but we are still pumping tax- desire to expropriate military assets to aerostat balloon and figure out a way payers’ money into this folly. send a highly specialized military to catch it, since then they now have The President’s budget says we are plane, designed for psychological war- three different ways of communicating spending $10 million a year. We have fare, up in the air to broadcast for 4 with and controlling Fat Albert which been doing that for 16 years, and we un- hours a week signals the Cuban people I am sure is of great comfort to the derstand this is a program we do not cannot see—it is unbelievable. people who might be in the way of an need, a program that does not work, It is one of these things that leads aerostat balloon that gets loose in this but we still want to keep funding it me to say, as I have from time to time, country. and we want to actually enhance it. that even waste has a strong constitu- Fat Albert is up there every day on Now what we want to do is go purchase ency here in the Congress. But from the case, broadcasting television sig- a new airplane, go buy a new airplane time to time you can see waste for nals to the Cuban people. And every for $8 million so that it becomes the what it is. This is evident. It is clear. It day, the Cuban people see this—this is TV Martı´ airplane to broadcast signals is not about Republicans or Democrats. a television screen in Cuba—they see the Castro Government will jam and It is about whether we want to spend snow, because Castro jams the signals. that the Cuban people cannot see. money on something that does not

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3243 work. Do we want to continue to do concerns or to provide a definitive timetable The Senator from North Dakota. that? for resolution of these concerns raised by the Mr. DORGAN. Madam President, I My colleague, Senator WYDEN, and I United States and the international commu- said 19 million Cuban people. I meant say absolutely not. Let’s finally, fi- nity regarding the value of its currency. 11 million people who live in the coun- (6) Article XXI of the GATT 1994 (as de- nally, finally—after 16 years—have the fined in section 2(1)(B) of the Uruguay Round try of Cuba. courage to shut down a program that is Agreements Act (19 U.S.C. 3501(1)(B))) allows Madam President, before I yield the a total waste of the American tax- a member of the World Trade Organization floor so my colleague from Oregon can payers’ money. to take any action which it considers nec- have the floor, let me say again, I My colleague from New York wishes essary for the protection of its essential se- think we will have people come to the to, I think at this time, set aside and curity interests. Protecting the United floor and say: What do you mean ‘‘a offer his own amendment; and then we States manufacturing sector is essential to waste of money’’? We have to deal with will continue the debate with my col- the interests of the United States. (b) NEGOTIATIONS AND CERTIFICATION RE- the Castro government. We have to get league from Oregon immediately after GARDING THE CURRENCY VALUATION POLICY OF tough. We cannot back away. the offering of the amendment. THE PEOPLE’S REPUBLIC OF CHINA.— I do not come to the floor to say any- Let me at this time yield the floor. (1) IN GENERAL.—Notwithstanding the pro- thing good about the Castro govern- The PRESIDING OFFICER. The Sen- visions of title I of Public Law 106–286 (19 ment. The Cuban people deserve to be ator from New York. U.S.C. 2431 note), on and after the date that free and deserve to have the boot re- AMENDMENT NO. 309 is 180 days after the date of enactment of moved from their neck, the boot of op- this Act, unless a certification described in Mr. SCHUMER. Madam President, I pression from a government that does ask unanimous consent that the pend- paragraph (2) has been made to Congress, in addition to any other duty, there shall be not allow that kind of freedom. ing amendments be laid aside and that imposed a rate of duty of 27.5 percent ad va- But let me say this: This country has amendment No. 309, offered by myself lorem on any article that is the growth, stated as its purpose for a long while and the Senator from South Carolina, product, or manufacture of the People’s Re- with respect to China and Vietnam, be called up. public of China, imported directly or indi- both Communist countries, that the The PRESIDING OFFICER. Without rectly into the United States. road to progress toward democratic re- objection, it is so ordered. (2) CERTIFICATION.—The certification de- form in those countries is through The clerk will report the amendment. scribed in this paragraph means a certifi- cation by the President to Congress that the trade and travel and engagement. We The assistant legislative clerk read have believed that fervently, Repub- as follows: People’s Republic of China is no longer ac- quiring foreign exchange reserves to prevent licans and Democrats. We trade with The Senator from New York [Mr. SCHU- the appreciation of the rate of exchange be- Vietnam. We trade with China. We MER], for himself, Mr. GRAHAM, Mr. BAYH, tween its currency and the United States travel to both countries. We believe Mr. BUNNING, Mr. DODD, Mrs. DOLE, Mr. FEIN- dollar for purposes of gaining an unfair com- GOLD, Ms. STABENOW, and Mr. KOHL, proposes that advances both countries toward petitive advantage in international trade. an amendment numbered 309. more human rights and better human The certification shall also include a deter- Mr. SCHUMER. Madam President, I rights. mination that the currency of the People’s It is only with Cuba we have this ob- ask unanimous consent that reading of Republic of China has undergone a substan- the amendment be dispensed with. tial upward revaluation placing it at or near session—believing if we can track down The PRESIDING OFFICER. Without its fair market value. Americans who attempt to travel in objection, it is so ordered. (3) ALTERNATIVE CERTIFICATION.—If the Cuba, and slap them with big fines, re- The amendment is as follows: President certifies to Congress 180 days after strict travel, restrict trade, and some- (Purpose: To authorize appropriate action if the date of enactment of this Act that the how waste money on things like TV the negotiations with the People’s Repub- People’s Republic of China has made a good Martı´—it is only with Cuba we are ob- lic of China regarding China’s undervalued faith effort to revalue its currency upward sessed with a policy that does not currency are not successful) placing it at or near its fair market value, work. the President may delay the imposition of On page 277, after line 8, add the following: the tariffs described in paragraph (1) for an Fidel Castro has lived through 10 TITLE XXIX—CURRENCY VALUATION additional 180 days. If at the end of the 180- Presidents. The fact is, the embargo SEC. 2901. NEGOTIATIONS REGARDING CUR- day period the President determines that this country slapped on Cuba is the RENCY VALUATION. China has developed and started actual im- best weapon he has to continue in of- (a) FINDINGS.—Congress makes the fol- plementation of a plan to revalue its cur- fice, to continue his power in the lowing findings: rency, the President may delay imposition of Cuban government. He says it is the (1) The currency of the People’s Republic the tariffs for an additional 12 months, so of China, known as the yuan or renminbi, is 500-pound gorilla up North that has its that the People’s Republic of China shall fist around the throat of the Cuban artificially pegged at a level significantly have time to implement the plan. people. It would be much smarter, in below its market value. Economists estimate (4) NEGOTIATIONS.—Beginning on the date the yuan to be undervalued by between 15 of enactment of this Act, the Secretary of my judgment, to remove the travel re- percent and 40 percent or an average of 27.5 the Treasury, in consultation with the strictions and all the trade restrictions percent. United States Trade Representative, shall from Cuba and do with Cuba as we do (2) The undervaluation of the yuan pro- begin negotiations with the People’s Repub- with China and Vietnam. The quickest vides the People’s Republic of China with a lic of China to ensure that the People’s Re- way to move Castro out of Cuba is significant trade advantage by making ex- public of China adopts a process that leads to through trade and travel and engage- ports less expensive for foreign consumers a substantial upward currency revaluation and by making foreign products more expen- ment, and I believe that strongly. within 180 days after the date of enactment But this amendment of ours does not sive for Chinese consumers. The effective re- of this Act. Because various Asian govern- sult is a significant subsidization of China’s ments have also been acquiring substantial address that. It addresses one piece of exports and a virtual tariff on foreign im- foreign exchange reserves in an effort to pre- this obsession with Cuba; and that is, ports. vent appreciation of their currencies for pur- the continued spending of money for (3) The Government of the People’s Repub- poses of gaining an unfair competitive ad- TV signals into the Cuban country that lic of China has intervened in the foreign ex- vantage in international trade, and because the Cubans cannot see. It is one thing change markets to hold the value of the the People’s Republic of China has concerns to do things that are wrong; it is an- yuan within an artificial trading range. Chi- about the value of those currencies, the Sec- na’s foreign reserves are estimated to be over other thing to do things that are dumb. retary shall also seek to convene a multilat- I understand somebody shooting them- $609,900,000,000 as of January 12, 2005, and eral summit to discuss exchange rates with have increased by over $206,700,000,000 in the representatives of various Asian govern- selves in the foot. But after you have last 12 months. ments and other interested parties, including done it the first time, to take aim at (4) China’s undervalued currency, China’s representatives of other G–7 nations. your foot the second time—there is trade advantage from that undervaluation, AMENDMENT NO. 284 something fundamentally wrong and and the Chinese Government’s intervention unsound about the thinking that al- in the value of its currency violates the spir- Mr. SCHUMER. Madam President, I it and letter of the world trading system of ask unanimous consent that the lows you to do that. That is exactly which the People’s Republic of China is now amendment be laid aside and we return what we are doing. a member. to the Dorgan amendment. I will yield the floor so my colleague (5) The Government of the People’s Repub- The PRESIDING OFFICER. Without from Oregon, who is a cosponsor of this lic of China has failed to promptly address objection, it is so ordered. amendment, can speak.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3244 CONGRESSIONAL RECORD — SENATE April 6, 2005 The PRESIDING OFFICER. The Sen- they cannot prove it. So if you cannot casting television signals that no one ator from Oregon. prove it, you do not put out a survey could receive, doing it for 16 years or Mr. WYDEN. Madam President, I tell that says: Oh, no viewers. You sort of so. And now, in order to continue my colleague, I am pleased to be able figure out a way to make the surveys broadcasting signals no one can re- to team up with him on this effort. disappear. That is essentially what has ceive, we have expropriated the use of Over the last few months, we have been happened. the Pennsylvania Air National Guard’s digging into a variety of areas where Our discussions and examination, as airplane called Commando Solo, one of waste of taxpayers’ dollars has oc- we have pursued this issue over the only a half a dozen ever made, used in curred. last few months in an effort to root out Bosnia, used in Iraq, used in Afghani- I think Senator DORGAN has made this waste, indicates virtually nobody stan, for very sophisticated electronic the central argument with respect to sees this. That is where we are now. So psychological warfare purposes. That our amendment; that is, you do not get we are looking at the prospect, after has been flying now for 4 hours a week, tough with somebody by wasting all of this waste of money—well over broadcasting signals, without any evi- money. In other words, we are going to $100 million sunk into this static, this dence at all that the Cuban people can have a fair amount of discussion, I sus- static and snow over the years—of see those signals. pect, on this amendment about wheth- spending still more money. So we have gone from Fat Albert to er you are being soft minded on Castro, Senator DORGAN and I believe it is Commando Solo and now the next step, or something of that nature, whether time to draw a line in the sand and say: to purchase a new airplane, to purchase you agree with Castro’s political agen- Halt this waste. Halt this frittering a new airplane so TV Martı´ has its own da. away of the American people’s scarce airplane to broadcast signals no one What we are talking about is stop- dollars. can see. Does it sound a little goofy? It ping foolishness with respect to The President does have a new plan would in my hometown, if you told this frittering away taxpayer dollars. As to circumvent the jamming. His idea is story. Sometimes there are people who my colleague has said, what we are to use military aircraft to broadcast serve here who think they know more faced with is a situation where Fidel TV Martı´ that way. We have our folks, than anybody else, they can see over Castro has jammed TV Martı´’s air- men and women from Alaska and the horizon things others cannot see. waves since their conception. As a re- North Dakota and Oregon, and they are There is a broad common sense in sult, instead of feeding the Cuban peo- in harm’s way today. So at a time this country that takes a look at ple a glimpse of honest television, what when our troops are in harm’s way and things like this. And wouldn’t it be the we have been feeding the Cuban people face great peril around the world, we case that in a small town cafe´ in Or- is static and snow. Now, the snow on are talking about transferring military egon or a small town cafe´ in North Da- Cubans’ TV screens may be the only assets that we need to protect their kota or Alaska, people would take a snow they get in Cuba, but I can assure well-being and the well-being of this look at this and say: What on Earth are you this is about the most expensive country. I do not see how you can you thinking about, spending money snow we have seen on the planet. make the case again that that is a wise on something we don’t need and dou- What we want to do is protect the in- expenditure at this time. bling the funding for something that terests of taxpayers. We have gone So I hope as the Senate debates the doesn’t work? Where have you been? through Fat Albert. Now you have the Dorgan-Wyden amendment, we can What planet are you living on? question of the sequel to Fat Albert, make it clear that when programs such Mr. WYDEN. I appreciate the Sen- with the President having proposed as Radio Martı´ work, we are willing to ator’s question. It seems to me that slashing other programs, particularly make sure the United States plays an this is Government Waste 101. This is programs here at home. How do you active role in trying to make sure peo- not complicated. Since its inception in argue that something such as this ple have information, accurate, objec- 1980, it appears that this particular ought to be preserved, that the use of tive information, on what freedom is program, TV Martı´, has had essentially taxpayers’ dollars in this area ought to all about. But where you are talking no real Cuban viewership. We have be preserved, where everything here at about waste, where you are talking been doing everything we can to find home is on the chopping block during a about funding programs that may anything resembling a current study, a belt-tightening environment in Gov- make people say, ‘‘oh, you’re getting current report, any body of evidence ernment? tough, you’re getting tough on Cas- which would indicate that there is an TV Martı´ was intended to follow in tro,’’ when in fact you are wasting actual market, a group of Cubans who the footsteps of Radio Martı´, providing money, that is where the two of us are see this. Cubans access to balanced information trying to blow the whistle and prevent As the Senator from North Dakota from the outside world so that Cubans further efforts to throw taxpayers’ has indicated in his question, if you go living under Fidel Castro’s regime money at TV Martı´, when there is no into a coffee shop in Alaska or North would have a taste of the freedom that evidence it will work. Dakota or Oregon, this program Americans enjoy here at home. The money we have spent year after doesn’t pass the smell test. People are We are willing to stipulate for pur- year goes, as I have said, to finance going to say: Look, we don’t like Cas- poses of this discussion and debate we some of the most expensive static, the tro. And this isn’t a debate about are having on the floor of the Senate most expensive snow in the history of whether you like Castro. I have been that Radio Martı´ enjoys a strong lis- television screens. What we ought to be studying this issue since my dad wrote tening audience and successfully trans- doing is making sure that taxpayers’ a book about the Bay of Pigs, the un- mits news to Cubans from the outside dollars are spent wisely. Here it could told story. So like many of my col- world. But the bottom line is, TV be used in a whole host of other areas. leagues, I have been studying this issue Martı´ has never come close—never It is our hope, and the purpose of this for a long time. This is not a ref- come close—to meeting the standards amendment, to pull the plug on a pro- erendum on whether you are going to of Radio Martı´. I defy anybody to find gram that does not work now, has not be tough on Castro or whether you like a significant group of people in Cuba worked in the past, and is not going to Castro. This is a referendum on wheth- who see this television. work in the future. er we are going to allow millions of As Senator DORGAN has mentioned, Mr. DORGAN. Madam President, I dollars of Government waste to go for- the process of surveying people, which wonder if the Senator from Oregon will ward. We have been doing it for years. under normal circumstances would be a yield for a question? We should have pulled the plug some good way to determine the extent of Mr. WYDEN. I am happy to yield. time ago. And yet, because this pro- use, has now been hot wired so they do The PRESIDING OFFICER. The Sen- gram sort of masquerades under the not even do the surveys anymore be- ator from North Dakota. title of being tough on Castro, we just cause they are not going to get the re- Mr. DORGAN. Madam President, I keep shoveling money at it. sults they want to have. They want to used a picture of Fat Albert, the aero- I thank the Senator from North Da- have surveys that show a significant stat balloon. I will show that once kota, who has spent a great deal of number of people are getting this, and again. Fat Albert was fearlessly broad- time on it. I also want to come back to

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3245 a point the Senator from North Dakota ment within Cuba. Those people who people in the hometown where I grew touched on that is very important. Per- dare to risk their lives and freedom up, Sagua La Grande, Cuba. It is a sonally, a lot of us would like to reex- each and every day, those people who small city on the northern coast of amine our policy with respect to Cuba. today suffer in Cuba’s prison camps be- Cuba where I had the joy of growing up That is not what this amendment is cause of their desire to seek freedom, as a small child and where today there about. This amendment is about one those people are emboldened and en- are people who still remember me and thing: whether we are going to sanc- couraged by what they can hear and my family, and where there were peo- tion more waste. This program doesn’t see in the voices and sounds of free- ple who, unbelievably to me, heard the pass the smell test. You wouldn’t pos- dom. broadcast and were able to commu- sibly be able to explain it in a coffee For a long time the United States nicate through telephone and other- shop. has had a long and valued tradition of wise about what they had seen and My hope is that we support real pro- standing with people who are oppressed heard on TV that day, about the im- grams, such as Radio Martı´, that are and suppressed. Mr. Yushchenko spoke ages of me taking my oath on this very going to make a difference in terms of this morning eloquently of the words of floor, about the images of me cele- getting information to the Cuban peo- Ronald Reagan when he said ‘‘tear brating with other people who sup- ple about areas where there is waste down this wall’’ and what a profound ported my candidacy, who came from and not continue to fritter away scarce impact that had in beginning the Florida, many of them Cuban Ameri- taxpayer resources. change that occurred in the eastern cans who rode on a bus for 18 hours to I thank my colleague for giving me European nations. come here and join with me and cele- the time. In addition to that, we know the brate. The PRESIDING OFFICER. The Sen- words of Vaclav Havel, other leaders of They joined with me here, but those ator from North Dakota. the ‘‘Velvet Revolution,’’ and also the people in Cuba had the opportunity to Mr. DORGAN. The point I have not people of Poland, Lech Walesa. And see those images in my very hometown made is, we don’t propose to spend this they have said that without a doubt, where I was born, to see me take the HE- money in other ways; we simply pro- the thing that made a difference in oath of office from Vice President C NEY, President of the Senate. That hap- pose that we strike the funding for TV their lives was Radio Free Europe. I pened because of the Commando Solo Martı´, a program that doesn’t work, have never heard any one of these pa- flights. It was a moving experience to and thereby reduce the Federal indebt- triots of liberty of the modern day say the people in this little town, the peo- edness. So we are not suggesting tak- in any public setting that the dif- ple who I know sometimes seem unim- ing this money and spending it in some ference was made for them in seeking portant and are not very well known other way. Get rid of this program that freedom when more tourists came and but who, in fact, have the rare oppor- doesn’t work, that is unneeded, and drank rum in their country or when tunity to see that blockade pierced. thereby eliminate at least this small they had the opportunity to see food- So what is our hope? Our hope is we amount of Federal indebtedness. stuff in stores that they couldn’t buy. can expand that, that we can do more I yield the floor. But I have heard repeatedly said how of it, that we can transfer the tech- The PRESIDING OFFICER. The Sen- valuable was the information and the nology we now have and the ability to ator from Florida. opportunity to pierce that government pierce the information blockade so Mr. MARTINEZ. Mr. President, I rise control over the people. that more and more people can have to speak in opposition to the amend- You see the control of information is this information. Too often we talk ment. It is interesting that just a few not just about the exchange of news about an economic blockade with Cuba. minutes ago we were at the other end and information, valuable as that is. It The greatest blockade that exists in of this building in the House of Rep- is about showing the people who dare Cuba, in the words of some of Cuba’s resentatives in a joint session of Con- to rise in opposition to tyranny that dissidents, is the blockade of the Cuban gress hearing from President the tyrannical regime that controls Government against its own people, Yushchenko speaking of freedom and their lives is not all powerful, is not whether it be for economic oppor- the value of freedom and the unique op- omnipresent, but that they, in fact, tunity, the rights of the individual, or portunity freedom presents to a people. have the right and opportunity to hear just to perceive and hear information In order to ensure the ability of folks the message of freedom and liberty. that comes across the airwaves. to raise a family, to conduct their Let me talk specifically about TV I believe that while imperfect and lives, to conduct free commerce, all of Marti. The fact is that while we might while still a work in progress, for us to these exciting things spark and begin mock in commentary what happens turn our backs on those people in Cuba with a flame of freedom. There is no with the TV Martı´ broadcast to Cuba, I who depend today on the little bit of more important way in which the have a little different story. Around information they can get through flame of freedom can be conveyed than the time of my ascension to the U.S. Radio and TV Martı´ would be a step by information and communication. Senate, when I had this awesome and away from the long and proud tradition We know that today the world of in- unique privilege, the first Cuban Amer- of this country to stand by people who formation transforms lives, transforms ican, the first person born in the island are oppressed. To harken back to the people around this Earth. We also of Cuba to ever have the honor to words of President Bush, to the words know that there are still people across speak from this floor, to be a part of he gave upon taking office for his sec- the world who do not have the oppor- this longest serving democratic insti- ond term, if you are oppressed, we tunity to hear the free and unfettered tution in the history of mankind, the stand with you. If you seek freedom, bits of information that we so take for people of Cuba were rightfully proud we will be by your side. That wave of granted. and excited by that moment. democracy that President Bush has Let me take a moment to describe I want to tell you that about the begun in places such as the Middle for you a little bit about what Cuba is time of my taking my oath, I did an East, that is the very hope that we like. Cuba is a country today where interview for TV Martı´. I spoke of my have. there is only one source of information: thrill and my pride and my hopes and The President’s policy toward Cuba the Cuban Government. Cuba is a coun- aspirations as I came to the Senate. began on May 10 of last year. It is a dy- try where anyone who would dare to That interview was broadcast by Com- namic policy. It is not just about what use the Internet without authorization mando Solo. That interview was broad- we don’t do; it is about what we do, from the Cuban Government, without cast in the only way in which they can about the proactive measures such as oversight by the Cuban Government, pierce Castro’s control over his people the Commando Solo flights, the oppor- would have their freedom threatened about information: by flying this air- tunity for TV Martı´ to, in fact, be seen and taken away. In addition, we also plane over international waters in a by the Cuban people, the opportunity know there is within Cuba a tremen- way that can and does, in fact, pierce for us to help the dissident movements, dous and growing movement of folks Castro’s blockade and jamming. for us to proactively help the people of who believe that it is time for Cuba to That information that got through Cuba to remove the yoke of tyranny be free as well and a dissident move- that night, that interview was seen by from their backs.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3246 CONGRESSIONAL RECORD — SENATE April 6, 2005 I believe that when the facts are ex- information and an opportunity to de- We have to support the opportunity amined, we would also know that the termine their own destiny. of the people of Cuba to get informa- Interests Section Survey in Havana I believe that Radio Martı´ and TV tion. They are not going to get it from monitors the ability of the Commando Martı´ can help promote freedom and their Government. People will say, Solo flights to be seen by the Cuban justice in Cuba. We all know the gosh, we are having to use airplanes. people. There is no such thing in Cuba United States has sponsored television There are different ways you have to as a Gallup poll or the ability to even and radio broadcasting in Cuba for al- get at it. You cannot use balloons or a speak freely about what you watch on most 20 years. The effect of all of dirigible; you cannot do it off of broad- TV, but 16 percent of those surveyed that—and we can all try to find meas- casting. Why can’t we use it the way responded in the affirmative to the urements. It is not as if you can go everybody else sees TV? It is because of U.S. Interests Section in Havana that around Cuba and do surveys. This is that regime. Sometimes you have to be they were, in fact, seeing TV Martı´ and not allowed. Remember, this is Cas- more clever than some of the reptilian that it reached an audience. It does not tro’s regime. If I want some evidence of cutthroats that we are dealing with. In cover the entire island. It doesn’t cover a probative witness, I am going to lis- my view, we ought to stand for the as much as we would like. But each and ten to the Senator from Florida, Mr. concept of freedom of expression. We every day, we make more happen with MARTINEZ, who made history, standing have seen it work and we have seen it it. here as the first person ever born in on Radio Martı´. I hate wasting money, I am proud to be a supporter of the Cuba to be elected to serve in the U.S. but there are certain things we need to efforts of TV Martı´, and I urge my col- Senate. He understands the impact of do. This is actually a less expensive leagues to defeat this amendment our message to Cuba better than any- way of advocating freedom, by using which would end the little glimmer of body or any statistics one would want technology—using extraordinary light that is available to the people of to put forth. means, but still getting the message to Cuba today and that otherwise would So while we understand it is very dif- the people of Cuba, regardless of the not be there for them. ficult to get into Cuba and make sure obstacles that are established by Cas- I yield the floor. of the effectiveness of TV or radio tro’s regime. I think we need to be pro- The PRESIDING OFFICER. The Sen- broadcasts, it is well known that Radio viding news, commentary, and pro- ator from Virginia. Martı´—and to the extent we can get moting the open exchange of informa- Mr. ALLEN. Madam President, I ask TV Martı´ in—is looked upon as an au- tion and ideas in Cuba and elsewhere to unanimous consent to yield myself thoritative and reliable source of accu- promote the cause of freedom. such time as I may consume on this rate, objective, and comprehensive To be effective in further opening amendment by the Senator from North news for the Cuban people. communications and the sharing of Dakota. If this Congress were to eliminate TV ideas throughout Cuba, Radio and TV The PRESIDING OFFICER. The Sen- Martı´, we would be sending the wrong Martı´ must continue to be broadcast ator has that right. message to the Cuban people. At a time and should receive our country’s sup- Mr. ALLEN. Madam President, I rise when freedom is on the march around port. I sincerely urge my colleagues to to urge my colleagues to oppose this the world, eliminating TV Martı´ would oppose this amendment and stand with amendment and continue to support tell the Cuban people—I suspect Castro the Senator from Florida, Mr. MAR- our country’s investment in television would be getting his minions and fel- TINEZ, but, most importantly, stand for broadcasting into Cuba. Otherwise low thugs of that regime out to say the the advancement of freedom. known as TV Martı´. The Senator from United States isn’t going to bother. We I yield the floor. North Dakota may be exaggerating, succeeded with jamming or scrambling The PRESIDING OFFICER. The Sen- and folks get carried away as well. He the signals, saying the United States ator from Florida, Mr. NELSON, is rec- will say that this is not needed. This is doesn’t want to worry about this. It ognized. needed. There may be a question as to would be a signal for him to say that Mr. NELSON of Florida. Madam how effective the TV Martı´ signal is the United States is not committed to President, the business before us is the getting in to Cuba. the cause of freedom in Cuba. Of Dorgan amendment, which strikes $21 Because we are talking about signals course, with his long history of repress- million from the President’s budget and broadcasts, let’s make sure we are ing free speech and the free flow of in- and prevents the funds from being used sending the right signal here. Whether formation and ideas in Cuba, this plays for the broadcast of TV Martı´. it is my good friend from Oregon or right into Castro’s hands. You can say I have a parochial inter- whether my friend from North Dakota, Thomas Jefferson once said: est in this, being the senior Senator we all, I would hope, want to make A free people [claim] their rights as de- from Florida, joining my colleague, sure we are standing strong on the rived from the laws of nature, and not as a Senator MARTINEZ. Indeed, we do have ability of people who are repressed and gift of their chief magistrate. a parochial interest because we have under the tyranny of Castro, to get in- The sharing of information and free quite a few Cuban Americans who are formation. flow of ideas, and the foundation of any citizens of our State. But the reason we There are questions as to whether all free country is not to be something should defeat this amendment goes far the ways that we are trying to get that is given or taken away by the beyond parochial interests, or any in- around the jamming and scrambling of machinations of a dictator like Castro. terest of any particular group, for it signals by Castro’s regime are effective In my view, there are four pillars of strikes at what the heart of America or not; however, it is a matter of our a free and just society. This is how I stands for in our promotion of free- national interest that we try to get in- measure freedom myself for people if dom—freedom of speech, freedom of as- formation, objective information, to they are living in a free and just soci- sembly, freedom of the press—all of the people of Cuba. It doesn’t matter ety. The first pillar is freedom of reli- these freedoms that we are privileged one’s culture. All human beings, no gion, where people’s rights are not en- to have, protected by our Constitution, matter their background or culture, if hanced or diminished because of reli- which supposedly are protected under given the choice, the opportunity, will gious beliefs; second, freedom of ex- the Cuban Constitution, but have never choose freedom. We have seen it with pression; third, private ownership of been protected. the Afghan people. We have seen it property; fourth, the rule of law, where This amendment sends the wrong with the people in Iraq. We are seeing disputes are adjudicated fairly and message to the Cuban people at a time it with the Lebanese rising up to get God-given rights are protected. The when change is in the wind, when in the Syrian troops out. We have seen it second pillar, freedom of expression, is fact change is occurring on the island. with the Palestinians, with the death absolutely essential, where people are This amendment would cut the entire of the corrupt terrorist Arafat. The allowed to get information and to budget for TV Martı´. same applies to the people of Cuba, or think for themselves. To communicate It would also prevent the Broadcast anywhere else in the world. The Cuban not in a way that is harmful, but the Board of Governors from purchasing a people share the desire that all human God-given rights of expression being small aircraft that they will use to beings have, and that is a need to have protected. transmit the signals. The aircraft is

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3247 equipped to broadcast both television island and a transition after the future to table the amendment and I ask for and radio signals. Eliminating this death of Castro. the yeas and nays. funding would also limit the U.S. radio TV Martı´ has produced a series of TV The PRESIDING OFFICER. Is there a broadcast operations. Current broad- programs, including a 10-part series in sufficient second? casting operations, including radio, are which experts discuss a possible transi- Mr. DORGAN. Will the Senator conducted from a Department of De- tion to democracy. That needs to be yield? fense EC–130 Commando Solo aircraft. out there to be received by the Cuban The PRESIDING OFFICER. At this It is based, interestingly, in Harris- people. moment there is not a sufficient sec- burg, PA. It has to fly every Saturday These are just some of the historic ond. all the way from Pennsylvania down to changes that are occurring on the is- Mr. LUGAR. I yield to the distin- the Florida Keys for its mission. It land. These are the reasons that, main- guished Senator. makes a lot more sense for the Broad- taining our commitment to the free- Mr. DORGAN. I simply wanted 5 min- casting Board of Governors to have a dom-loving Cuban people, we need to utes to respond to some of what has smaller aircraft that is located close to continue to broadcast TV Martı´ to been said. I have no objection at all to Cuba, being more economical and still Cuba. the vote. having the same equipment. I urge my colleagues to oppose this The PRESIDING OFFICER. The Sen- This station and this money shows amendment. Senators, we need your ator from Oregon. our commitment to the Cuban people help. Senadores, necesitamos su ayuda. Mr. WYDEN. Madam President, I as they continue to suffer under a dic- I yield to my colleague from Florida. would like an additional 5 minutes as tatorship that ignores human rights Mr. MARTINEZ. Madam President, coauthor of the amendment. and imprisons political dissidents. We will the Senator yield for a question? I The PRESIDING OFFICER. The Sen- simply should not be turning our backs wonder if the Senator has considered ator from Nevada. on Cubans at a time when the regime is why the Cuban Government would Mr. REID. Madam President, the mo- beginning to crack and a fledgling civil spend all the money and make all the tion to table has been made. If we did society is emerging. effort that it takes for them to jam it 5 minutes, 5 minutes, and then the Look, for example, at what has hap- these broadcasts. If it is not insignifi- vote? pened in the last couple of years. The cant, if it is not important, why does Mr. LUGAR. OK. Senate has heard me speak many times the Senator think the Cuban Govern- Mr. REID. I ask unanimous consent on the floor about this very brave ment goes on day after day jamming at that the Senator from North Dakota be Cuban named Oswaldo Paya and the great cost and expense each and every recognized for 5 minutes, the Senator Varela Project; where Cuban citizens time we have broadcasts to Cuba? from Oregon for 5 minutes, the Senator put their name on a petition to the Mr. NELSON of Florida. Madam from Indiana for 1 minute, and then we Government. Interestingly, this is President, I say to my colleague from vote on his motion to table. under a process of the Cuban Constitu- Florida, the proof is in the pudding. The PRESIDING OFFICER. Is there tion that said if you get 10,000 signa- Absolutely, the Castro Government for objection? tures—and they got well over that— years has continued to try to jam Without objection, it is so ordered. that automatically an issue goes to the broadcasts, and the fact is that we The Senator from North Dakota. Government. The petition calls for know the broadcasts of Radio Martı´ get Mr. DORGAN. Madam President, I re- freedom of expression, freedom of asso- through to the island. Broadcasting by gret that we have a disagreement on ciation, free enterprise, electoral re- this airplane is a new means by which the Senate floor, but I am not sur- form, and also calls for elections with- we can get the transmission of TV prised. I would like to make a couple of in 1 year. Martı´ into the island. This clearly is comments. First, those who have op- Have those brave Cubans who stood what America stands for. posed this amendment apparently have up suffered reprisals and intimidation I am going to close. I see the chair- tried to win a debate we are not hav- by the Cuban security forces? You bet man of our Foreign Relations Com- ing. This debate is not about nurturing they have, and some of them went to mittee wanting to be recognized. I say the flame of freedom. It is not about jail. And only because the inter- to Chairman LUGAR, when I was 17 resisting tyranny. All of that is won- national community raised Cain were years old, I was taken, representing the derful. I could stand here and tell a some of the dissidents released when, youth of America, to Germany to story about Vaclav Havel on a late in fact, others are still in jail. But they broadcast over Radio Free Europe be- night on a street corner in Prague, were brave, and they went ahead and hind the Iron Curtain on a broadcast Czechoslovakia, hearing the Declara- signed that petition that was generated that years later we found out, much be- tion of Independence for this country by Oswaldo Paya. This type of dis- yond my little broadcast, had a pro- being recited by someone in Czecho- sident action is supported and pro- found effect in bringing information to slovakia. I could tell a story about moted through TV Martı´. people who were enslaved behind the Lech Walesa and what he did to light Some say all of these signals have Iron Curtain. That was effective. the flame of freedom in Poland, but I been jammed. They have been jammed I think this is going to be effective in will not do that. That is not what this because they were either being trans- Cuba behind that iron curtain that en- debate is about. mitted from a stationary tower or they slaves those people on the island of My colleague from Florida, Senator were being jammed when they tried to Cuba. MARTINEZ, talked about how important start transmitting from a satellite in Therefore, it is my hope, my prayer, these television signals are and that is the eastern Atlantic. This new airplane that we will continue this effort, par- why the Castro Government jams them has only been flying since the fall of ticularly where there are the beginning each and every day. That is the point last year. We have to give it a chance signs of liberty striking out all over he made. That is exactly the point I to see if the signals are getting the island. was making. through. Now we will do it more eco- I thank the chairman of the Foreign If, in fact, these are jammed—and nomically with the smaller aircraft. Relations Committee, the esteemed they are—let me read the expert from I will give another example of what is Senator from Indiana, for the oppor- the U.S. Government. He says: Even happening on the island in addition to tunity to speak on this amendment. though TV Martı´ is jammed, it is well the Varela Project. There are others in The PRESIDING OFFICER. The Sen- positioned to be an important instru- Cuba who are coming together to cre- ator from Indiana. ment of U.S. foreign policy or a crisis ate civil society groups advocating for Mr. LUGAR. Madam President, there will occur on the island. Transmission basic human rights and changes in the has been a good debate on this amend- to Cuba ‘‘has been consistently jammed Cuban Government’s structure. On ment. It is an important amendment. I by the Cuban government.’’ That is a May 20, next month, these groups will just wanted to make the point, how- U.S. official saying that. So we spend come together for the first time ever in ever, that we have reached a point in $10 million a year to send television Havana for a historic meeting to open- our bill where we are going to have to signals no one can receive in Cuba to a ly discuss and debate the future of the move expeditiously; therefore, I move Fat Albert, the aerostat balloon, and

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3248 CONGRESSIONAL RECORD — SENATE April 6, 2005 now we have decided we are going to chairman of the committee for this the program, but the program needs to Commando Solo, a C–130 specially extra time and get back to this ques- continue. It is vital to our security equipped. tion of what the amendment is really and, we believe, the future of the By the way, there is no new tech- all about. I do not quibble at all with Cuban people. nology here. I know several people the fact that this is a laudable effort to I renew my request for the yeas and have said this is new technology. Non- promote freedom, as the Senator from nays. sense. This is plain old-fashioned waste Florida is talking about, but I believe The PRESIDING OFFICER. Is there a of the taxpayers’ money by now using a it has to be about more than effort; it sufficient second? C–130 airplane to send television sig- has to be about a result. There appears to be a sufficient sec- nals into Cuba the Cubans cannot re- For example, something that strikes ond. ceive. This is the same technology that me as something that would be very The question is on agreeing to the is used by Fat Albert, the aerostat bal- useful is to set up Internet Martı´. We motion to table amendment No. 284. loon. We have been doing it for 16 have seen, for example, what happened The clerk will call the roll. years. We have wasted $189 million. in China. What really rattled the Chi- The legislative clerk called the roll. I support Radio Martı´. I have been to nese Government was the presence of The result was announced—yeas 65, Cuba. That gets through to the Cuban the Internet. As far as I can tell, they nays 35, as follows: people. I believe we ought to remove have been struggling to block that out [Rollcall Vote No. 85 Leg.] the embargo and allow trade and travel as well. They have not been able to do YEAS—65 to Cuba. That is the quickest way to that. But that is the kind of invest- Alexander DeWine Murkowski get rid of Fidel Castro, but that is not ment that would make sense to me. Allard Dole Nelson (FL) even the subject. The subject is will I would be thrilled to work with the Allen Domenici Nelson (NE) this Congress, when they see colossal distinguished Senator from Florida on Bayh Ensign Reid Bennett Frist Roberts waste, fraud, and abuse, stand up and wireless technology, for example. I Biden Graham Salazar decide to stop the spending? have served on the Commerce Com- Bond Grassley Santorum When we talk about freedom, the mittee. I have a great interest in tech- Brownback Gregg Sarbanes Bunning Hagel Schumer question is this: Is there freedom from nology. I think there is a lot of poten- Burns Hatch Sessions waste, fraud, and abuse for the Amer- tial as it relates to these kinds of con- Burr Hutchison Shelby ican taxpayer? Does that freedom cerns: wireless technology, Internet Chafee Inhofe Chambliss Isakson Smith exist? If it does, will we decide to take Martı´. Clinton Kerry Snowe that step in this vote? What brings us to the floor today is Coburn Kyl Specter I started this morning by saying even that we talk about the flicker of free- Cochran Lautenberg Stevens waste has a constituency in the Con- dom, which I am certainly for. As far Coleman Lieberman Talent Collins Lott Thomas gress. It seems to me quite clear that as I can tell, the only thing the Cuban Cornyn Lugar Thune we have had our colleagues say: Well, people see flickering is all that static Craig Martinez Vitter this is not perfect. Not perfect? What on TV. So I hope we can save some Crapo McCain Voinovich do they mean, not perfect? We broad- money, which is the point of this DeMint McConnell Warner cast television signals that the receiv- amendment Senator DORGAN and I have NAYS—35 ers cannot get and spend $10 million a offered, and then counsel together on a Akaka Durbin Levin year, and now we are going to double bipartisan basis through the chairman Baucus Enzi Lincoln Bingaman Feingold funding with the ‘‘purchase of a small of the committee, Senator LUGAR, Sen- Mikulski Boxer Feinstein Murray airplane’’? Eight million dollars to buy ator MARTINEZ, our friend Senator NEL- Byrd Harkin Obama a new airplane now to broadcast sig- SON, on something that would be prac- Cantwell Inouye Pryor nals the Cubans cannot receive? We are tical. Sign me up for something like Carper Jeffords Reed Conrad Johnson Rockefeller going to double the funding? I am Internet Martı´, something that would Corzine Kennedy Stabenow sorry. This is simply wasting the tax- be a well-targeted investment, would Dayton Kohl Sununu Dodd Landrieu payers’ money. allow us to build on the potential to Wyden I am all for doing things that remove cap other technologies, wireless tech- Dorgan Leahy the boot of oppression from the necks nologies, Web-based technologies. That The motion was agreed to. of the Cuban people, but I am not for is something that seems to me makes Mr. LUGAR. Mr. President, I move to wasting the taxpayers’ money. We have sense. reconsider the vote, and I move to lay been told now by the opponents of this I hope my colleagues will approve that motion on the table. amendment that this would send a bad this money, allow us to start targeting The motion to lay on the table was message if we cease TV Martı´, sending these Government expenditures during agreed to. signals they cannot receive. Stopping a time of belt-tightening in a more The PRESIDING OFFICER. The Sen- that would send a bad message. That is cost-effective way. ator from Indiana. the point of all of this, is it not? I urge the passage of the amendment, Mr. LUGAR. Mr. President, in a mo- Are we sending a message or are we and I yield the floor. ment I want to ask the Chair to recog- not? The point of it all is we are spend- The PRESIDING OFFICER. The Sen- nize Senators SCHUMER and GRAHAM for ing a lot of money believing we are ator from Indiana. an amendment on Chinese currency. sending a message that is never re- Mr. LUGAR. Mr. President, the Before I ask the Chair to do that, let ceived. Sending a message to someone President of the United States has di- me simply indicate that the status of who does not receive it, sending a mes- rected deployment of aircraft with ca- our bill is such that amendments that sage by aerostat balloon or by a C–130 pability of transmitting radio and tele- clearly fall in the jurisdiction of the or by a new $8 million airplane to 11 vision signals into Cuba. Thanks to the Finance Committee are going to be op- million people who cannot see it is fun- aircraft, plus Radio and TV Martı´, they posed not only by that committee but damentally foolish. are reaching parts of the island that by the so-called blue-slip process, Where is the freedom from waste, were previously unable to receive those which means that our bill might not fraud, and abuse that the American signals. That is tremendously impor- receive consideration on the floor of people ought to expect from this Con- tant. the Senate or ultimately on the floor gress? We will see whether that free- As oppressive as that regime is, the of the House. dom exists in the next 5 or 10 minutes. state exerts extensive censorship. The So leaving aside the substance of I yield the floor. Cubans are told only what the state whatever may be the merits of an The PRESIDING OFFICER (Mr. ISAK- wants them to know and are denied the amendment, we are talking about an SON). The Senator yields. right to obtain accurate information existential question for this bill itself The Senator from Oregon. on Cuba and the world. We need to do as to whether it survives or has the Mr. WYDEN. Mr. President, as we all we can to open that up. hope of doing so. conclude with this amendment, I par- I appreciate the debate. It has offered For that reason, I just want to advise ticularly thank the distinguished avenues of constructive criticism of Senators why, at the end of about 40

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3249 minutes of debate, which I hope will be Now we have a chance to correct I yield the floor. adequate for an exploration by the pro- that. The amendment before the Sen- The PRESIDING OFFICER. The Sen- ponents of what they wish to do, I will ate will give the administration a real ator from New York. be moving to table, to preserve really, tool to deal with the Chinese. The Chi- Mr. SCHUMER. What is the status of this bill, the bill we are on. At that nese need our markets to sell their the time? point I will ask the support of the body goods. If we take it away from them, The PRESIDING OFFICER. There is to table the Schumer-Graham amend- we will have their attention. Hopefully no time control. ment, whatever might be its merits, on this amendment will show the Chinese Mr. GRAHAM. Will the Senator the basis of jurisdiction. we are serious this time and that they yield? We are going to have this problem need to play fair and let the market set Mr. SCHUMER. I am happy to yield. two or three more times on amend- the value on their currency. Mr. GRAHAM. We are trying to do ments that have been suggested by Those opposed to the amendment will the debate within 40 minutes. That was Senators. So I make that point now, talk as if the American economy will our goal. that will have to be the course of this be seriously harmed if we pass the Mr. SCHUMER. No time limit, but chairman to preserve at least some amendment. I argue our economy is al- we will try to keep it to 40 minutes. hope we will have an authorization bill ready being harmed. We are losing Great. at all at the end of this process. manufacturing jobs as a direct result of I rise in strong support of this Having said all that, I am hopeful the Chinese policies. The Chinese are kill- amendment of which my friend from Chair might recognize Senators SCHU- ing what is left of our domestic textile Kentucky is a cosponsor. The lead MER and GRAHAM for a presentation of industry. Hopefully, the U.S. Trade sponsor of this legislation is Senator their amendment. And after about 40 Representative’s office will step in. It GRAHAM as well as myself. What this minutes, we will come to a conclusion. sounds as though they will. But we are legislation does is simple. It says to The PRESIDING OFFICER. The Sen- dangerously close to losing what few the Chinese, enough already. It says to ator from Vermont. textile jobs we have left in Kentucky, the Chinese that their unfair trade Mr. LEAHY. Mr. President, before and I know other States are in the policies have got to end. It says to the that, will the Senator yield? I had spo- same boat. Chinese, this is a shot across your bow. For those who are not concerned ken to the Senator from Indiana about Reform because if you don’t, there are about China’s human rights, foreign perhaps taking 3 to 4 minutes before going to be dramatic consequences policy, and trade record, let’s take an- they start on another matter. I ask throughout the world, in our country, other cold, hard look at the facts. unanimous consent, if I might, to be and in your country as well. China operates one of the most oppres- recognized for not to exceed 4 minutes. The bottom line is very simple: The sive regimes in the world, brutalizing I assure the Senator it will not be be- Chinese have enjoyed a huge trade sur- its own people and persecuting people yond that. plus with the United States, as this The PRESIDING OFFICER. Is there of faith. China ships weapons of mass chart shows. Every year it gets larger objection? destruction to terrorist states. China and larger and larger. Admittedly, Mr. LUGAR. Proceed. threatens other freedom advocates some of that trade surplus is due to the The PRESIDING OFFICER. The Sen- such as Taiwan and snubs its nose at rules of free trade. But much of that ator is recognized for 4 minutes. the international community by occu- trade surplus is because the Chinese Mr. LEAHY. Mr. President, I thank pying Tibet. China tried to buy access the senior Senator from Indiana for his to our Government through illegal don’t play fairly. They don’t let our usual courtesy. campaign contributions and to influ- goods into their country. I can tell you (The remarks of Mr. LEAHY are print- ence our elections. of company after company in New ed in today’s RECORD under ‘‘Morning The trade deficit with China has York that cannot sell goods in China or Business.’’) grown to record heights. For over a can only sell the goods under certain AMENDMENT NO. 309 decade, the supporters of free trade conditions that make it impossible for The PRESIDING OFFICER (Mr. with China have been making the argu- them to sell them. SUNUNU). The Senator from Kentucky. ments over and over again that China The Chinese make no effort to pre- Mr. BUNNING. Mr. President, I call is changing, that things are getting vent the ripping off of our intellectual up amendment 309. better, and that we will soon reap the property. These are our crown jewels, The PRESIDING OFFICER. The benefits of free trade with China. The the great creativity, the great amendment is pending. facts prove them wrong. It has been entrepreneurialness of the American Mr. BUNNING. Mr. President, I rise over 10 years since Tiananmen Square business community that is taken, and in strong support of the Schumer-Gra- and the Chinese are still oppressing they shrug their shoulders. And worst ham, et al., amendment that would au- their own people. They are still selling of all, the Chinese, despite the fact thorize actions in currency negotia- weapons to terrorists. They are still that they have tremendous advantages tions with China. I have come before bullying other nations and threatening by the rules of free trade, pile on unfair the Senate on a number of occasions to Taiwan and United States interests in rules that violate free trade. speak about how strongly I feel against the Pacific. Nothing is any different At the top of that list is the fact that providing permanent normal trade re- with China now. In fact, it might be the Chinese peg their currency abnor- lations to China. The Chinese have worse. mally low so that their exports get a been systematically devaluing their Those who say otherwise are fooling 27-percent advantage in the United currency, and they have been buying themselves. We are seeing a march of States; our imports get a 27-percent up dollars. This is all done in a con- freedom around the world—in Afghani- disadvantage when sold in China. certed effort to keep their goods cheap- stan, Iraq, the Orange Revolution in Every tenet of free trade, if you believe er than United States goods. the Ukraine, whose President ad- in it, says they should not peg their This should come as no surprise to dressed Congress today, the Cedar Rev- currency. anyone who has followed how the Chi- olution in Lebanon, and other pro- Senator GRAHAM and I have foreborn. nese behaved over the years. China’s democracy revolutions. We have seen We were asked by the administration human rights record, their antagonism that the time of the oppressive regimes last year: Let us negotiate. I agreed. toward Taiwan, and the threat they is coming to an end. It is time to stop Negotiating would be better. But noth- pose to our own national security have propping up the Communist govern- ing happened. The Chinese give lip- been well documented. These issues ment of Red China. Vote for the Schu- service and don’t change their trade have been swept under the rug as the mer-Graham, et al. amendment and policies a jot. Senate has given away its voice on our tell the Chinese our Government will What does this mean for America? It trade relationship with the most popu- no longer support tyranny. Vote for means a huge job loss. lous nation on the globe. For me it this amendment for the sake of Amer- We have suffered dramatically in looks as though we are simply putting ica’s economy and our workers. Vote manufacturing jobs, and now service profits over people. That is plain for this amendment because it is the jobs and other jobs. It means we have a wrong. right thing to do. huge trade deficit. It means the dollar

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3250 CONGRESSIONAL RECORD — SENATE April 6, 2005 sinks to abysmally low levels, threat- let him know I totally understand There being no objection, the mate- ening our wealth. It creates chaos in that. We are now basically running out rial was ordered to be printed in the the whole world trading system. The of options. As Senator SCHUMER said, RECORD, as follows: euro and the yen bear the pressure of whether this amendment becomes law U.S.-CHINA COMMISSION RELEASES FINDINGS the Chinese currency evaluation is probably not the point. The point is AND RECOMMENDATIONS ON CHINA’S WTO against the dollar. that the Chinese need to understand RECORD We are fed up. This is a measure that where the Senate and House stand. The The U.S.-China Economic and Security Re- should not have to be on this floor. The President spoke numerous times about view Commission has released the official Chinese should play by the rules once trying to get China to change the value record of its two-day public hearing held on and for all. How can we stand by as of the currency. Secretary Snow has February 3 and 4, 2005 in Washington, DC ex- millions of American workers lose been to China and brought up this amining China and the WTO: Assessing and their jobs, as thousands of American topic. There has been a begrudging Enforcing Compliance. companies cannot compete fairly, as movement in words but none in deeds. The hearing examined China’s record of compliance to date with its WTO commit- our country as a whole has wealth Talk is literally cheap with the Chi- ments and explored options for using U.S. drained from it? nese. Their money is cheaper and it is trade laws and WTO mechanisms to address The U.S.-China Commission, set up having an effect on our economy and continuing trade problems, including China’s by this and the other body to try to world relationships that need to be met undervalued currency and weak enforcement bring fair trade to China, believes this with decisive political action, because of intellectual property rights (IPR) protec- is the best way to go. The list of manu- the truth is, for the last decade we tions. The Commission heard testimony from facturers, business leaders, and labor have had a very mixed message when it senior Administration officials, industry leaders who support this legislation is comes to China—both Republicans and groups, labor organizations, economists, and long and large. It is a bipartisan trade law experts, as well as a bipartisan Democrats. The only thing the Chinese group of Members of Congress from both the amendment. Senator GRAHAM and I understand is resolve. The one thing House of Representatives and the Senate. have endeavored to pick up equal this country has had, when it comes to There was a general consensus among the amounts of support from each side of China in terms of trade, is the lack of witnesses that China remains in violation of the aisle. No one seeks political advan- resolve. its WTO obligations in a number of areas im- tage. What we seek, rather, is fair- No one is advocating building a wall pacting vital U.S. economic interests. Wit- ness—fairness in trade, not in the sense around our country. China presents a nesses highlighted China’s undervalued cur- of saying we don’t want free trade, but rency and lack of IPR protections and ex- great opportunity for American busi- pressed the view that U.S. government ef- in the sense of playing by the rules. ness. What we are advocating is allow- The Chinese do not play by the rules. forts to move China to address these serious ing China to become part of the world problems have not achieved satisfactory re- We have talked and talked and talked, community under the same set of rules sults. The hearing also dealt with the appli- as a nation, to them, with other na- we all abide by. They are missing the cation of U.S. trade remedies. The Commis- tions of the world. We have talked and mark by miles. The money they are sion heard testimony that the Administra- talked to the Chinese until we are blue making off these trade agreements, tion has not effectively utilized available in the face. The time for action is now. where they cheat, is not going into the U.S. anti-dumping laws and China-specific import safeguards to counter China’s unfair If not now, when? If not us, who? Mil- hands of the everyday Chinese worker; lions of American workers, thousands trade practices. it is going into their military. If we ‘‘It has become increasingly clear that of American businesses, look to us to had the same approach during the So- try to set things right. Today, by pass- China is not meeting key commitments it viet Union era by having trade deals made when joining the WTO and that our ing the Schumer-Graham amendment, with the Soviet Union that would be trade laws have to date been insufficient in we can do that. My guess is this would constantly violated, enriching the gov- addressing these problems,’’ said Commis- not have to become law. As soon as it ernment, the Soviet Union would never sion Chairman C. Richard D’Amato. ‘‘In passes this body, the Chinese will actu- have collapsed. some cases our trade remedies need to be en- ally start to negotiate in earnest. But hanced, in other cases they have been woe- China’s Communist government is as long as they think all we do is wield fully underutilized. The end result has been taking the benefit of these trade deals words and do nothing to prevent these a trading relationship that is undermining and enriching their military and grow- practices from continuing year after important U.S. economic interests.’’ ing in economic and military strength In response to these concerns, the Commis- year after year, they will not budge. So in the way that I think hampers free- sion has developed a comprehensive set of it has come to this. dom. It doesn’t help spread it. Here are recommendations to the Congress designed This amendment is probably one of the facts. Since March, 2002, the U.S. to improve the use of U.S. trade remedies the most important amendments we dollar has fallen 30 percent against the and to move China toward more effective will vote on this year in this session of compliance with its WTO commitments. A euro. You know what that has done the Senate. I urge my colleagues to list of the Commission’s recommendations is against the yuan? Not one change. study it, to not put off the hour of deci- attached. Thirty percent against the euro, but no sion, and to support the Schumer-Gra- The complete hearing record is available change against the yuan. They always ham amendment. on the Commission’s web site at I yield the floor and reserve the re- create an advantage. When we passed www.uscc.gov. Copies may be obtained by calling the Commission at (202) 624–1407. mainder of my time. normal trading relations with China in The PRESIDING OFFICER. The Sen- 2001, the trade deficit was $100 billion; ADDRESSING CHINA’S CURRENCY MANIPULATION ator from South Carolina is recognized. today it is $160 billion—a 60-percent in- The Commission recommends that Con- Mr. GRAHAM. Mr. President, first, I crease of a trade imbalance since gress pursue the following measures to move acknowledge that it has been a pleas- PNTR was passed. China toward a significant near-term upward revaluation of the yuan by at least 25 per- ure to work with Senator SCHUMER and Now, is our market access improv- cent. others to develop this amendment. We ing? There is a 5-percent increase of American goods going to China. If you Press the Administration to file a WTO have been involved in this effort for 2 dispute regarding China’s exchange rate years. We come from different ends of don’t believe me and Senator SCHUMER, practices. China’s exchange rate practices the political spectrum on many issues, and you think we are advocating a pro- violate a number of its WTO and IMF mem- but we found common ground here be- tectionist philosophy that is anti- bership obligations, including the WTO pro- cause we hear the comments, whether quated and outdated in the 21st cen- hibition on export subsidies and the IMF pro- it is in South Carolina or New York, tury, maybe you will believe the U.S.- scription of currency manipulation. from manufacturing entities and other China Commission, which was author- Consider imposing an immediate, across- business people basically saying China ized and empowered by the Congress, the-board tariff on Chinese imports unless China significantly strengthens the value of has a business relationship that we the Senate and the House, to inves- tigate China’s business dealings, their its currency against the dollar or against a cannot compete with. The political dy- basket of currencies. The tariff should be set namic here is real. trade policies. at a level approximating the impact of the Senator LUGAR explained how this I ask unanimous consent to have this undervalued yuan. The United States can amendment affects this bill. I want to document printed in the RECORD. justify such an action under WTO Article

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3251 XXI, which allows members to take nec- the Committee on the Implementation of of-the-Senate resolution in 2003 that essary actions to protect their national secu- Textile Agreements (CITA) to consider was a compromise that Senator SCHU- rity. China’s undervalued currency has con- threat-based petitions for use of the China- MER and I made. OK, let’s get the Sen- tributed to a loss of U.S. manufacturing, specific textile safeguard negotiated as part ate on record. It was a sense of the which is a national security concern for the of China’s WTO agreement. United States. The Commission recommends that Con- Senate, and no one objected that China Reduce the ability of the Treasury Depart- gress direct the Department of Commerce to is manipulating its currency in viola- ment to use technical definitions to avoid make countervailing duties applicable to tion of international norms and it classifying China as a currency manipulator nonmarket economies to provide an addi- costs Americans jobs. That was 2 years by amending the 1988 Omnibus Trade Act to tional tool to combat China’s use of govern- ago. (i) include a clear definition of currency ma- ment subsidies for its exporters. Last year, we were going to put it on nipulation, and (ii) eliminate the require- The Commission recommends that Con- the FSC/ETI bill. Everybody said you ment that a country must be running a ma- gress repeal the ‘‘new shipper bonding privi- terial global trade surplus in order for the lege’’ that has allowed many importers of are going to mess up the bill. So we Secretary of the Treasury to determine that Chinese goods to avoid payment of anti- had a colloquy with Senator GRASSLEY, the country is manipulating its currency to dumping duties. Importers of goods subject who is a good friend, and we talked gain a trade advantage. to anti-dumping or countervailing duties about holding hearings and we talked ADDRESSING INTELLECTUAL PROPERTY RIGHTS should be required to deposit in cash the about engaging China anew, because we (IPR) VIOLATIONS amount of any estimated applicable duty. didn’t want to mess up the bill by The Commission recommends that Con- COUNTERING CHINA’S GOVERNMENT SUBSIDIES bringing this bill forward. That was gress urge USTR to immediately file one or The Commission recommends that Con- over a year ago. Not one thing has more WTO disputes pertaining to China’s gress direct USTR and Commerce to inves- changed—not one hearing—and the violation of its WTO IPR obligations, par- tigate China’s system of government sub- ticularly China’s failure to meet the req- problem gets worse and worse. The bal- sidies for manufacturing, including tax in- ance of trade between us and China is uisite standards of effective enforcement, in- centives, preferential access to credit and cluding criminal enforcement. capital from financial institutions owned or absolutely shameful. We are doing TREATING CHINA AS A NONMARKET ECONOMY influenced by the state, subsidized utilities, nothing about it other than talking. The Commission recommends that Con- and investment conditions requiring tech- Well, this amendment does some- gress require that the Department of Com- nology transfers. The investigation should thing about it other than talking. Let merce obtain Congressional approval before also examine discriminatory consumption me tell you what the U.S.-China Com- implementing any determination that a non- credits that shift demand toward Chinese mission said about currency manipula- market economy such as China has achieved goods, particularly as a tactic of import sub- tion. market economy status. Congress should en- stitution for steel, Chinese state-owned The commission recommends that Con- sure that China continues to be treated as a banks’ practice of noncommercial-based pol- gress pursue the following measures to move nonmarket economy in the application of icy lending to state-owned and other enter- China toward a significant near-term upward antidumping and countervailing duties prises, and China’s dual pricing system for reevaluation of the yuan by at least 25 per- through 2016, as is explicitly permitted by coal and other energy resources. USTR and cent. China’s WTO accession agreement, unless Commerce should provide the results of this China clearly meets the statutory require- investigation in a report to Congress that as- We look moderate compared to the ments for market economy status. sesses whether any of these practices may be United States-China Economic Secu- WTO DISPUTE RESOLUTION actionable subsidies under the WTO. rity Review Commission. The Commission recommends that Con- Mr. GRAHAM. What do they tell us? Consider imposing an immediate, across- gress establish a review body of distin- There was a general consensus among the-board tariff on Chinese imports unless guished, retired U.S. jurists and legal experts the witnesses—they held 2 days of China significantly strengthens the value of to evaluate the dispute resolution mecha- hearings—that China remains in viola- its currency against the dollar or against a nism at the WTO. The review body would basket of currencies. consider all decisions made by a WTO dis- tion of its WTO obligations in a num- pute settlement panel or appellate body that ber of areas impacting vital U.S. eco- The experts tell us the yuan is 15 to are contrary to the U.S. position taken in nomic interests: 40 percent below its true market, caus- the case. In each instance, a finding would be It has become increasingly clear that ing havoc on American manufacturing. made as to whether the WTO ruling exceeded China is not meeting key commitments it Reduce the ability of the Treasury Depart- the WTO’s authority by placing new inter- made when joining the WTO and that our ment to use technical definitions to avoid national obligations on the United States trade laws have to date been insufficient in classifying China as a currency manipulator. that it did not assent to in joining the WTO. addressing these problems. ... If three affirmative findings were made in five years, Congress would be prompted to They lay out the problems: China They have a list things for us to do. reconsider the relationship between the currency manipulation, intellectual One is imposing an across-the-board United States and the WTO. property theft; treating China as a tariff. What I and Senators SCHUMER, ENHANCING THE EFFECTIVENESS OF U.S. TRADE nonmarket economy; lack of enforce- BUNNING, and others are suggesting we REMEDIES ment of U.S. trade remedies that are do is put China on notice: In the next The Commission recommends that Con- on the books; China subsidies to busi- 6 months, allow China to move toward gress authorize compensation to petitioners nesses that are in violation to WTO. reevaluation in a way that will help in the Section 421 safeguard process for legal We have had a very tepid response to the American economy, will make fees incurred in cases where the ITC finds China’s cheating across the board and China a true, fair member of nations, that market disruption has occurred but the we are paying a huge price. Many and if they do not act in the next 6 President has denied relief. Congress should also consider eliminating presidential discre- Americans are losing jobs not because months in some significant way, then tion in the application of relief through Sec- they are being outworked, or because we will look at the ability of this coun- tion 421 petitions or limiting discretion to the Chinese are smarter, but because try to protect ourselves against a Com- the consideration of non-economic national they are being cheated out of their munist dictatorship that cheats. And if security factors. jobs. One way is that the Chinese have the Senate is not here to protect the The Commission recommends that Con- taken the value of their currency and American worker against a Communist gress maintain the Continued Dumping and artificially suppressed it, creating a dictatorship that cheats, what the Subsidies Offset Act of 2000 (CDSOA or the ‘‘Byrd Amendment’’), notwithstanding the discount on every product coming out heck are we here for? WTO’s ruling that the law is inconsistent of China to the detriment of American I hope we will send a message to with WTO requirements, and accept any re- manufacturing and the world commu- China they can understand because ap- taliatory tariffs that may ensue as the U.S. nity at large, and all we do is talk to parently they do not understand what is permitted to do under its WTO obliga- China. we are saying any other way. tions. Congress should press the Administra- A lot of people are depending on us to I have enjoyed this experience work- tion to seek explicit recognition during the do something about China in a con- ing in a bipartisan fashion to stand up WTO’s Doha Round negotiations of the right structive fashion. Is this the best way for American business interests that of WTO members to distribute monies col- to have done it? No. This is the only are being cheated out of jobs because of lected from antidumping and countervailing duties to injured parties. way I know of, after 2 years, to get a Communist dictatorship that cheats The Commission recommends that Con- anybody’s attention, our attention or and is building up their military at our gress clarify without delay the authority of China’s attention. We passed a sense- expense.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3252 CONGRESSIONAL RECORD — SENATE April 6, 2005 To the American manufacturing the invitation of one of them who gath- China needs to understand it has community, there are a million other ered the group of very bright men in an moved to a different level, that it sells ways we can help. I talked with Gov- effort to persuade me not to be for this an incredible amount of products to ernor Engler today. We are going to do amendment. After an hour and a half, the United States of America, and more domestically and internationally they all agreed it was the right thing what they do with the value of their to level the playing field, but this is a to do because we made the argument to currency impacts that trade. significant start. Will it solve all the them that day that if you believe in What they have done is not sound problems? No. Will this put China on free trade, you cannot have one of the policy. Because I believe in free trade, notice as they have never been put on largest trading countries abjectly vio- I believe it is not even going to be good notice before? Yes. And if we fail to lating the rules. It does not work. It for China. It is certainly not good for adopt this message, we are also sending does not work for China, it does not the United States today. a message to China. I am not sure that work for America, and it does not work I do not want to be involved in tell- is a message the American worker can for the rest of the world. ing a nation what their currency ought stand having sent to China. If anyone doubts that the Chinese to be. I know the Senator from New I yield the floor. really play fair, let me mention one lit- York and the Senator from South The PRESIDING OFFICER. The Sen- tle story, and this is the kind of thing Carolina do not believe they should, ator from New York. that drives us crazy. There is a com- but this is reality. Mr. SCHUMER. Mr. President, I ask pany in Cortland, NY, called Marietta. We are not talking about theory. We unanimous consent that all the spon- Cortland has had tough times. It is an moved beyond theory. It is jobs. It is sors of the bill, S. 600—the amendment industrial town. Smith Corona used to trade. It is a deficit trade that we have is identical to the bill—be added to make typewriters there. It obviously with China to an extraordinary degree amendment No. 309. does not do that anymore. Buckbee- that continues to grow. So I thank the The PRESIDING OFFICER. Without Mears had a big ball bearing plant, and Senators for their efforts, and I would objection, it is so ordered. that closed. The one saving grace of be pleased to support their amendment. Mr. SCHUMER. Further, I ask unani- Cortland was Marietta, which kept The PRESIDING OFFICER. Who mous consent that Senator DURBIN’s growing. seeks time? name be added as a cosponsor to this Marietta makes a product we all use. The Senator from South Carolina. amendment. They are the manufacturer of the little Mr. GRAHAM. I do not believe we The PRESIDING OFFICER. Without soaps and little shampoos that you get have any more speakers on deck. objection, it is so ordered. when you go to hotels and motels. The The PRESIDING OFFICER. The Sen- Mr. SCHUMER. I yield to my col- way Marietta gets its business, the ator from Indiana. league. chairman told me, is that they go to Mr. LUGAR. Mr. President, as I indi- The PRESIDING OFFICER. The Sen- the big hotel companies, such as Hil- cated at the outset of the debate, as we ator from South Carolina. ton, and they say: You pick the color asked recognition of the Senators who Mr. GRAHAM. Mr. President, I ask of the soap and the smell of the soap, have spoken so eloquently on this unanimous consent that Senator BURR and we will make sure it is in every amendment, the issue before the Sen- be added as a cosponsor. room. That is how they have Hilton ate is the preservation of the author- The PRESIDING OFFICER. Without and other big companies as their cus- ization bill itself that we are debating. objection, it is so ordered. Senator tomers. The issue has been often expressed, but BURR will be added as a cosponsor. Only one country does not allow let me mention it again, that the Fi- The Senator from New York. Marietta to import its soap and its nance Committee claims jurisdiction of Mr. SCHUMER. Mr. President, I shampoo—China. When the president this item. They also have indicated, would like a followup to some of the called me and I visited the plant up in both on the Senate and House sides, comments the Senator from South Cortland, NY, 30 miles south of Syra- that they will prevent passage of the Carolina has made in reference to our cuse, he told me that the Chinese now authorization bill for the State Depart- legislation. do their own business in China. They ment and foreign assistance if this First, I will mention the cosponsors are using that protected market in item and, for that matter, several oth- of this bill, in addition to Senator GRA- China to compete with Marietta now in ers that have been included in prospec- HAM and myself, as well as Senator Southeast Asia, in Europe, and soon in tive amendments are adopted as a part BUNNING. They are: Senator REID, the America. of this bill. minority leader, Senator BAYH, Sen- I said: Why don’t you file with the I will not debate the merits of the ator DODD, Senator BURR, Senator WTO? amendment on China. We have had a DEWINE, Senator STABENOW, Senator He said: I will get an answer in about hearing before our Foreign Relations MIKULSKI, Senator JOHNSON, Senator 8 years, and I will be out of business. Committee and delved into what is KOHL, and Senator FEINGOLD, and there Mr. President, I say to my col- clearly a very complex and important are others as well. Senator DOLE I leagues, I could not agree more with issue. I do know, however, that even as know is a cosponsor as well on the what Senator GRAHAM said. We must we had the hearing for our own infor- main bill. Now she is added to this do something. This is the best thing to mation and that of the public, we un- amendment as well. do. It is certainly a lot better than derstood the jurisdictional question. Mr. President, we have asked over what we have been doing over the last We have tried to respect that. There- and over again those who have said, 2 years, which is absolutely nothing. fore, on this amendment and on others Don’t do this amendment, we know I urge, on behalf of free trade, on be- that also are clearly in the jurisdiction your intention is good, but don’t do it, half of the world system that really of the Finance or of other committees, we have asked them over and over, works, and on behalf of saying to coun- I feel compelled, for the sake of pre- What do we do? Secretary Snow called tries, You have to play by the rules to serving this bill, to move to table the Senator GRAHAM and me and asked us gain the benefits, you should not have amendment. not to do the amendment, give them a a $162 billion trade surplus and not I ask for the yeas and nays. chance to negotiate with the Chinese. play by the rules, I urge them to sup- The PRESIDING OFFICER. Is there a That was over a year ago. port the amendment on which Senator sufficient second? You may recall before he even set GRAHAM and I have worked so long and There appears to be a sufficient sec- foot in China, as his plane was in the hard. ond. air, the Chinese Government an- I yield the floor. The yeas and nays were ordered. nounced: Do not even try to negotiate The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- on this; we are not changing. We are ator from Alabama. ator from New York. going to keep pegging our currency— Mr. SESSIONS. Mr. President, I, too, Mr. SCHUMER. Mr. President, I sug- which devalues our currency. believe in free trade, but I share Sen- gest the absence of a quorum. I sat down with a group of leading ator SCHUMER’s thoughts and Senator The PRESIDING OFFICER. The New York business people. It was at GRAHAM’s ideas. A great nation such as clerk will call the roll.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3253 The assistant legislative clerk pro- Mr. LUGAR. Mr. President, I suggest think this is an important statement. ceeded to call the roll. the absence of a quorum. Many of us have been deeply concerned Mr. LUGAR. Mr. President, I ask The PRESIDING OFFICER (Mr. MAR- by statements that have been made re- unanimous consent the order for the TINEZ). The clerk will call the roll. cently by Congressman TOM DELAY, quorum call be rescinded. The assistant legislative clerk pro- who used the words, ‘‘The time will The PRESIDING OFFICER. Without ceeded to call the roll. come for men responsible for this to objection, it is so ordered. Mr. LAUTENBERG. Mr. President, I answer for their behavior,’’ in relation- The question is on agreeing to the ask unanimous consent that the order ship to the decision of the courts in the motion. The yeas and nays have been for the quorum call be rescinded. Schiavo case. The Senator from Texas ordered. The clerk will call the roll. Mr. LUGAR. I object. has also mentioned and talked about The assistant legislative clerk called The PRESIDING OFFICER. Objec- the judiciary in a similar vein this the roll. tion is heard. week.. The result was announced—yeas 33, The clerk will continue the call of I ask unanimous consent that a New nays 67, as follows: the roll. York Times editorial, regarding these [Rollcall Vote No. 86 Leg.] The legislative clerk continued with statements be printed in the RECORD. YEAS—33 the call of the roll. There being no objection, the mate- Alexander Coleman Lugar Mr. KENNEDY. Mr. President, I ask rial was ordered to be printed in the Allard Collins McCain unanimous consent that the order for RECORD, as follows: Baucus DeMint McConnell Bennett Ensign Murkowski the quorum call be rescinded. [From the New York Times, Apr. 6, 2005] Bond Feinstein Murray Mr. LUGAR. I object. THE JUDGES MADE THEM DO IT Brownback Frist Nelson (NE) The PRESIDING OFFICER. There is It was appalling when the House majority Burns Grassley Roberts objection. The clerk will continue call- leader threatened political retribution Cantwell Gregg Smith (OR) against judges who did not toe his extremist Carper Hagel Stevens ing the roll. Chafee Kyl Sununu The legislative clerk continued with political line. But when a second important Cochran Lott Wyden the call of the roll. Republican stands up and excuses murderous violence against judges as an understandable NAYS—67 Mr. LUGAR. Mr. President, I ask reaction to their decisions, then it is time to Akaka Durbin Nelson (FL) unanimous consent that the order for get really scared. Allen Enzi Obama the quorum call be rescinded. It happened on Monday, in a moment that Bayh Feingold Pryor The PRESIDING OFFICER. Without was horrifying even by the rock-bottom Biden Graham Reed standards of the campaign that Republican Bingaman Harkin objection, it is so ordered. Reid zealots are conducting against the nation’s Boxer Hatch Rockefeller Mr. LUGAR. Mr. President, I ask the Bunning Hutchison Senator from Massachusetts and the judiciary. Senator John Cornyn, a Texas Re- Salazar publican, rose in the chamber and dared to Burr Inhofe Santorum Senator from New Jersey would they Byrd Inouye argue that recent courthouse violence might Sarbanes Chambliss Isakson be in agreement that a 15-minute pres- Schumer be explained by distress about judges who Clinton Jeffords entation at this point would be pos- ‘‘are making political decisions yet are unac- Coburn Johnson Sessions Shelby sible, and then they would yield to me? countable to the public.’’ The frustration Conrad Kennedy ‘‘builds up and builds up to the point where Cornyn Kerry Snowe I make this request because we have an Corzine Kohl Specter existential crisis with the bill. Unless some people engage in’’ violence, said Mr. Craig Landrieu Stabenow we solve it, we will probably not be Cornyn, a former member of the Texas Su- Talent preme Court who is on the Senate Judiciary Crapo Lautenberg continuing. This is serious. I under- Dayton Leahy Thomas Committee, which supposedly protects the DeWine Levin Thune stand you have an important colloquy. Constitution and its guarantee of an inde- Dodd Lieberman Vitter If it can be contained in 15 minutes, pendent judiciary. Dole Lincoln Voinovich that would be fine. Listeners could only cringe at the events Domenici Martinez Warner behind Mr. Cornyn’s fulminating: an Atlanta Dorgan Mikulski Mr. LAUTENBERG. We appreciate the opportunity that the Senator has judge was murdered in his courtroom by a The motion was rejected. given us. career criminal who wanted only to shoot his Mr. LIEBERMAN. Mr. President, I way out of a trial, and a Chicago judge’s Mr. KENNEDY. Could we ask then voted for Senator SCHUMER’s and Sen- mother and husband were executed by a de- that the Senator from Indiana be rec- ator GRAHAM’s China currency amend- ranged man who was furious that she had ognized after 15 minutes to take what- ment even though I prefer my own leg- dismissed a wild lawsuit. It was sickening islation, S. 377, on this issue, which is ever action is necessary? that an elected official would publicly offer Mr. LUGAR. Yes. Mr. President, I these sociopaths as examples of any demo- consistent with our international obli- cratic value, let alone as holders of legiti- gations. Nonetheless, I supported this ask unanimous consent to proceed as has been mentioned. mate concerns about the judiciary. amendment to send a message to the The need to shield judges from outside The PRESIDING OFFICER. Is there administration that the time for action threats—including those from elected offi- on currency manipulation has come. objection? cials like Senator Cornyn—is a priceless I acknowledge that if passed, this Without objection, it is so ordered. principle of our democracy. Senator Cornyn legislation may be disruptive to our The Senator from New Jersey is rec- offered a smarmy proclamation of ‘‘great trade obligations. But as noted econo- ognized. distress’’ at courthouse thuggery. Then he INDEPENDENCE OF THE JUDICIARY rationalized it with broadside accusations mist Fred Bergsten wrote in the Finan- that judges ‘‘make raw political or ideolog- cial Times on March 15, the world econ- Mr. LAUTENBERG. Mr. President, I ical decisions.’’ He thumbed his nose at the omy would suffer from a rapid and pre- want to discuss the situation that is separation of powers, suggesting that the Su- cipitous decline in the U.S. currency. developing, questioning the value of preme Court be ‘‘an enforcer of political de- Such a shock could drive up interest the separation of powers, about wheth- cisions made by elected representatives of rates and curb U.S. growth to the det- er one of the powers has rights that the people.’’ Avoiding that nightmare is pre- riment of all our trading partners. succeed the powers of the other. Par- cisely why the founders made federal judge- These risks are greatly exacerbated ticularly, my subject now regards the ships lifetime jobs and created a nomination by the growing U.S. current account judiciary and whether it is a free, process that requires presidents to seek bi- partisan support. deficit and the connected actions by unencumbered judiciary, as it ought to Echoes of the political hijacking of the some countries, including China, that be. Terri Schiavo case hung in the air as Mr. are blocking the orderly adjustment of Mr. KENNEDY. Will the Senator Cornyn spoke, just days after the House ma- the U.S. dollar by their direct currency from New Jersey be kind enough to jority leader, Tom DeLay, vengefully vowed intervention. It is long past time for yield for a brief observation and ques- that ‘‘the time will come’’ to make the market forces to be allowed to work tion? judges who resisted the Congressional Re- and time for the administration to Mr. LAUTENBERG. Yes. publicans’ gruesome deathbed intrusion ‘‘an- press this issue. I note that if national Mr. KENNEDY. Mr. President, the swer for their behavior.’’ Trying to intimi- date judges used to be a crime, not a bom- security problems arise, the President Senator from New Jersey is addressing bastic cudgel for cynical politicians. under the amendment has waiver au- the Senate on a very important issue, The public’s hope must be that Senator thority. the independence of the judiciary. I Cornyn’s shameful outburst gives further

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3254 CONGRESSIONAL RECORD — SENATE April 6, 2005 pause to Senate moderates about the threats grounds, not political grounds. But duties activists? Were they out of con- of the majority leader, Senator Bill Frist, to today there is an orchestrated effort to trol? scrap the filibuster to ensure the confirma- smear the reputation of the judiciary, The message being sent to the Amer- tion of President Bush’s most extremist judi- especially Federal judges. And the ef- ican people by the other side of the cial nominees. Dr. Frist tried to distance aisle is not only irresponsible, but himself yesterday from Mr. DeLay’s attack fort is being waged by Republicans in on the judiciary. But Dr. Frist must carry Congress as a prelude to an attempt to downright dangerous to our Nation’s the militants’ baggage if he is ever to run for change the rules for confirming judi- judges. president, and he complained yesterday of ‘‘a cial nominations. Like the nuclear option, the goal real fire lighted by Democrats around judges In order to justify this nuclear op- here is to have judges make political over the last few days.’’ tion, they are trying to paint judges as decisions rather than legal decisions. By Democrats? The senator should listen ‘‘activists’’ and ‘‘out of control.’’ They are trying to intimidate sitting to what’s being said on his side of the aisle, In reality, it is the leadership of this judges, and they are trying to change if he can bear it. Congress that is out of control and en- Senate rules to get bad judges on the Mr. KENNEDY. Mr. President, I draw dangering the future of a fair court bench. to the attention of the Senate that system. I vow to fight this nuclear option, as today the Judicial Conference has In this Chamber on Monday, one of well as these irresponsible threatening asked the White House and the Senate our colleagues said Americans are be- statements. I do that for my family for $12 million to help protect judges coming frustrated by the rulings of the and for American families across this from violence. When we see leaders in judges—so be it; that is all right, you country. Congress making statements which can be frustrated as much as you In my view, the true measure of de- clearly have incited, or threaten to in- want—but then he accused the judges mocracy is how it dispenses justice. In cite, violence against judges, the same of making ‘‘raw political or ideological this country, any attempt to intimi- judges, honorable men and women ap- decisions.’’ That was in the quote from date judges not only threatens our pointed to uphold America’s laws and our colleague’s statement. courts but our fundamental democracy ideals, who are living in fear of vio- He went on to say: as well. lence, we must be concerned. I wonder whether there may be some con- I note that a letter was sent out most The Judicial Conference is requesting nection between the perception in some recently by the distinguished majority $12 million to provide protection for quarters, on some occasions, where judges leader. It is dated March 31, 2005. He in- the American judiciary. What in the are making political decisions yet are unac- vites colleagues—it says: ‘‘Get a Fresh world is this Congress and this Senate countable to the public . . . that it builds up Perspective on Our Nation’s’’—this is coming to? I think it is appropriate for and builds up and builds up to the point on the majority leader’s stationery— the leaders and other members in this where— ‘‘Get a Fresh Perspective on Our Na- body and the House to tone down their Listen to this— tion’s Religious Heritage with a Spe- rhetoric, and avoid the threats to the where some people engage in violence. cial Tour of the U.S. Capitol’’: American judiciary. I think that is ab- These are comments made by a Sen- Dear Colleague: I am writing to invite you solutely unconscionable. ator. The remarks are almost unbeliev- and your family to a private tour of the U.S. When you have the Judicial Con- able. Yet they echo the words last Capitol Building with WallBuilders’ Presi- ference asking for this, that indicates week of the House majority leader. dent, David Barton, on Monday, April 11, Speaking of the judges in the Schiavo 2005. The walking tour will commence at my where the judges themselves—made up office— of Republicans and Democrats—are case, the House majority leader said: And he identifies the location of his coming from. I intend to offer an The time will come for the men responsible office and the time, and then adds: amendment on the supplemental to for this to answer for their behavior. positively respond to their request and David Barton is the founder and President What does that imply? These are in- of WallBuilders, a national pro-family orga- to get the $12 million. I am interested flammatory words. They ignore the nization which distributes historical, legal, if my friend from New Jersey would co- fact that our Founding Fathers wanted and statistical information, and helps citi- sponsor that. judges to be insulated from political zens become active in their local schools and Mr. LAUTENBERG. Yes, I would be pressure, and they are words that could communities. He is an historian noted for his pleased to. Mr. President, I ask the easily incite violence against judges. detailed research into the studied the reli- Senator from Massachusetts, why On this past Sunday, a columnist in gious heritage of our nation. Among some of should we be surprised they ask for the interesting facts made by Mr. Barton: the hometown newspaper of the House The U.S. Capitol served as a church build- more protection? We have seen atro- majority leader, the Houston Chron- ing for decades. cious assaults on members of the bench icle, wrote: The first English-language Bible in Amer- and their families. It is time for him to stop sputtering ill- ica was printed and endorsed by the United What we see is, I think, the begin- tempered threats, not only at the judiciary States Congress. ning of a firestorm, and the problem is but also at the U.S. Constitution, which he The original Supreme Court—composed of that the fuel is being provided by com- repeatedly has sworn to uphold. numerous signers of the Constitution—began ments made here and in the other There were two matters that made their sessions with ministers coming in and praying for the Court, the jury, and their de- body. things worse, two recent episodes to liberations. I start off by reading from article III, which the Senator from Massachusetts The majority leader goes on to say: section 1 of the U.S. Constitution. It made reference involving violence You will also learn inspiring stories behind says: against judges and their families. In the faces, paintings, and statues in the U.S. The judicial Power of the United States, Chicago, a man fatally shot the hus- Capitol Building and view original docu- shall be vested in one supreme Court, and in band and the mother of a Federal judge ments from George Washington and others such inferior Courts as the Congress may who had ruled against him in a medical . . . which are depicted in artwork. . . . from time to time ordain and establish. malpractice suit. And in Atlanta last I have read something of Mr. Bar- It is pretty clear to me. It says judi- month, a man broke away from a dep- ton’s biography: cial power is vested in our courts, not uty, killed four people, including the Mr. Barton intends to prove that the sepa- in the Congress. The Constitution gives judge presiding over his rape trial. Is ration of church and state is a myth, and the Senate a role in the appointment of that what these people see? Is that that America’s Founders intended for the judges, and we are supposed to provide what our colleagues saw? Is that what United States to be a Christian nation. advice and consent, not direction. But the House majority leader saw, an op- Does that mean those of us who are once a judge is seated on the bench, his portunity to take revenge on judges not Christian—whether Muslim, Jew- or her decisions are not subject to our who make decisions with which they ish, or some other religion—are not approval. disagree? What are we, some lawless part of this great nation? The Founding Fathers, in their bril- nation where if you do not like it, you The majority leader is the one mak- liance, set it up that way on purpose. kill the person who did it? ing this suggestion. Mr. President, I They wanted to make sure that court Were these judges who suffered ter- ask unanimous consent that this letter decisions would be based on legal ribly while performing their official be printed in the RECORD.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3255 There being no objection, the mate- I ask my colleagues if they want to AMENDMENT NO. 318 rial was ordered to be printed in the go to a Christian-only spokesman who Mr. DODD. Mr. President, I send an RECORD, as follows: will tell us about how insignificant the amendment to the desk and ask for its U.S. SENATE, separation between church and state is. consideration. Washington, DC, March 31, 2005. The question is fundamental to the The PRESIDING OFFICER. Without GET A FRESH PERSPECTIVE ON OUR NATION’S Constitution. Are we a country of laws? objection, the pending amendment is RELIGIOUS HERITAGE WITH A SPECIAL TOUR If we are, then we must respect the law set aside. OF THE U.S. CAPITOL and we must hold the law free from The clerk will report. The bill clerk read as follows: DEAR COLLEAGUE: I am writing to invite threats. you and your family to a private tour of the How does it feel when one looks at The Senator from Connecticut [Mr. U.S. Capitol Building with WallBuilders’ the Federal judge in Chicago who had DODD], for himself and Mr. LIEBERMAN, pro- poses an amendment numbered 318. President, David Barton on Monday, April her husband and her mother murdered 11, 2005. The walking tour will commence at because someone disagreed with her Mr. DODD. Mr. President, I ask unan- my office, S–230 of the U.S. Capitol at 6:00 imous consent that the reading of the p.m. and conclude at 7:00 p.m. legal decision? How do we feel about seeing this guy break loose in Atlanta amendment be dispensed with. David Barton is the founder and President The PRESIDING OFFICER. Without and kill the judge and a deputy? Sen- of WallBuilders, a national pro-family orga- objection, it is so ordered. nization which distributes historical,legal, ator KENNEDY just mentioned the fact The amendment is as follows: and statistical information, and helps citi- that there was a $12 million request for (Purpose: To specify requirements under the zens become active in their local schools and security for judges and courtrooms. I Arms Export Control Act applicable to the communities. he is an historian noted for his do not blame them. This is not some VHXX Executive Helicopter Program (also detailed research into the religious heritage lawless country where if a judge makes known as the Marine One Presidential Hel- of our nation. Among some of the interesting icopter Program). facts covered by Mr. Barton: a decision he better run for his life; nor The U.S. Capitol Building served as a is it Iraq, where those who are uphold- At the end of subtitle B of title XXII, add church building for decades. ing the law are getting killed because the following: The first English-language Bible in Amer- other people disagree with them. We SEC. 2239. APPLICABILITY OF ARMS EXPORT CON- ica was printed and endorsed by the United should not stand for this. TROL ACT REQUIREMENTS TO VHXX EXECUTIVE HELICOPTER PROGRAM. States Congress. I ask the majority leader to with- The original Supreme Court—composed of (a) TREATMENT AS COOPERATIVE PROJECT.— draw that invitation to tour the U.S. The VHXX Executive Helicopter Program numerous signers of the Consititution— Capitol with this man who says that began their sessions with ministers coming (also known as the Marine One Presidential in and praying over the Court, the jury, and this should be a Christian-only coun- Helicopter Program) shall be treated as a co- their deliberations. try. How can he dare undermine the operative project for purposes of the Arms You will also learn inspiring stories behind principles that are in our brilliant Con- Export Control Act (22 U.S.C. 2751 et seq.) as the faces, paintings, and statues in the U.S. stitution that was written so many authorized under section 27 of that Act (22 Capitol Building and view original docu- years ago? We are entering a dangerous U.S.C. 2767). (b) LICENSING AND NOTICE REQUIREMENTS.— ments from George Washington and others period, in my view. (1) IN GENERAL.—Any licensing and notice (some that are over 400 years old) which are The PRESIDING OFFICER. The time to Congress requirements that apply to the depicted in artwork throughout the Capitol. of the Senator has expired. sale of defense articles and services under If you and your family would like to par- Mr. LAUTENBERG. I yield the floor. the Arms Export Control Act shall apply to ticipate, contact Brook Whitfield in my of- The PRESIDING OFFICER. The Sen- any foreign production (including the export fice at 202–224–0948 or ator from Indiana. of technical data related thereto) under the [email protected] to RSVP. VHXX Executive Helicopter Program with- I look forward to seeing you then. Mr. LUGAR. Mr. President, work out regard to any dollar threshold or limita- Sincerely, continues among a number of Senators tion that would otherwise limit the applica- WILLIAM H. FRIST M.D., who are deeply interested, as I am, in bility of such requirements to such produc- Majority Leader, U.S. Senate. the resolution and the amendment tion under that Act. ahead of us. For the moment it appears Mr. LAUTENBERG. Mr. President, I (2) NOTICE TO CONGRESS.—Notwithstanding quote from this report: we ought to give more time to this dis- the treatment of the VHXX Executive Heli- Now Barton appears to be angling for a cussion. So I suggest the absence of a copter Program as a cooperative project for spot on the national stage. He is touring the quorum. purposes of the Arms Export Control Act nation again, this time with financial sup- The PRESIDING OFFICER. The under subsection (a), section 27(g) of that port from the Republican National Com- clerk will call the roll. Act (22 U.S.C. 2767(g)) shall not be applicable mittee as part of what is described as a larg- The legislative clerk proceeded to to the program, and the notice requirements er get-out-the-vote effort. call the roll. of subsections (b) and (c) of section 36 of that As he tours the country, Barton leads pas- Mr. SESSIONS. Mr. President, I ask Act (22 U.S.C. 2776) shall be complied with in tors in sessions examining the role Christi- unanimous consent that the order for the issuance of any letters of offer or li- anity played in America’s founding and puts the quorum call be rescinded. censes for the program as required by para- forth his usual shaky thesis. But Barton graph (1). The PRESIDING OFFICER. Is there (c) LIMITATION ON ISSUANCE OF LICENSES.— doesn’t stop there. Barton’s not-so-subtle objection? message is that America’s Christian heritage No license may be issued under the Arms Ex- Mr. LUGAR. I object. port Control Act for any portion of the is at risk—and only voting Republican can The PRESIDING OFFICER. The ob- save it. VHXX Executive Helicopter Program, in- jection is heard. The quorum call will cluding research and development and the I want those who hear me across be continued. sharing of technical data relating to the pro- America to pay attention: ‘‘Christian The legislative clerk continued to gram, until each participant in the program heritage is at risk.’’ That means that call the roll. agrees, in writing, not to enter into any con- all the outsiders, all of those who ap- Mr. LUGAR. Mr. President, I ask tract, or otherwise do any business, with any proach God differently but are people unanimous consent that the order for party who is subject to the jurisdiction of a who believe in a supreme being; people the quorum call be rescinded. country that supports international ter- rorism for five years after the date of the who behave and live peacefully with The PRESIDING OFFICER. Without their neighbors and their friends. No, completion of the participation of such par- objection, it is so ordered. ticipant in the program. this is being put forward as an at- Mr. LUGAR. Mr. President, in a mo- (d) COUNTRY THAT SUPPORTS INTER- tempt—a not too subtle attempt—to ment I am hopeful the Chair may rec- NATIONAL TERRORISM DEFINED.—In this sec- make sure people understand that ognize the distinguished Senator from tion, the term ‘‘country that supports inter- America is a Christian country. There- Connecticut, Mr. DODD, for 10 minutes national terrorism’’ means any country fore, we ought to take the time the ma- in which he will offer an amendment. whose government has repeatedly provided jority leader offers us, as Members of On our side, we are prepared to accept support for acts of international terrorism the Senate, for a chance to learn more for purposes of either of the provisions of law the amendment. Therefore, we will at as follows: about how invalid the principle of sepa- least make some progress while the (1) Section 6(j) of the Export Administra- ration between church and state is. other discussion continues. tion Act of 1979 (50 U.S.C. App. 2405(j)). I hope the American public sees this The PRESIDING OFFICER. The Sen- (2) Section 620A of the Foreign Assistance plan as the spurious attempt it is. ator from Connecticut is recognized. Act of 1961 (22 U.S.C. 2371).

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3256 CONGRESSIONAL RECORD — SENATE April 6, 2005 Mr. DODD. Mr. President, in order to Marine One. As many of my colleagues cent State of the Union address, stat- move things along in time, I appreciate know, Agusta Westland, an Italian- ing: the willingness of the distinguished British consortium, was tasked with Today, Iran remains the world’s primary chairman of the Foreign Relations building this helicopter’s basic design state sponsor of terror, pursuing nuclear Committee to accept the amendment. as well as manufacturing approxi- weapons while depriving its people of the It is very simple amendment. mately 30 percent of the aircraft’s com- freedom they seek and deserve. It says that foreign companies in- ponents, including the rotor blades to Unclassified intelligence reports have volved in developing the President’s be built in Yeovil, England, and the attributed dozens of acts of inter- Marine One helicopter must pledge in main transmission, to be constructed national terrorism to the Iranian gov- writing that they will not conduct in Cascina Costa, Italy. ernment or surrogate terrorist groups business with state-sponsors of ter- Obviously, I have some local inter- since the 1990s. One such Iranian surro- ests in this case. The Navy selected the rorism during the contract and 5 years gate is Islamic Jihad, also known as European/American team over the Con- after it has been completed. Moreover, Hezbollah, which publicly has claimed necticut-based, All-American Sikorsky it provides that those involved in responsibility for a number of attacks team which has administered the Ma- building such technologies will be sub- on innocent civilians throughout the rine One contract for about 50 years. ject to at least the same export licens- world from Argentina to Israel. And ing requirements as other defense Truth be told, I believe that Sikorsky has a better performing, more experi- they continue to prosecute attacks in projects built jointly by the U.S. and Israel, and threaten instability in Leb- foreign manufacturers, as governed by enced aircraft team as well as a supe- rior design. But my concerns go beyond anon. the U.S. Arms Export Control Act. Meanwhile, terrorists are moving in The principle is clear, and hardly parochial interests, and even the tech- nical merits of the aircraft. I am grave- and out of Iraq and Afghanistan across controversial. I am sure my colleagues Iranian borders, attacking U.S. troops will agree that there are few more sen- ly troubled about the impact this con- tract award will have on the United with either Tehran’s support or out- sitive and more important national se- right sponsorship. And today, as we en- curity concerns than the safe transport States’ ability to stay competitive in the global helicopter industry. But trust the security of our President and of our country’s chief executive. But more importantly, I am deeply trou- our most sensitive national security the aircraft we are talking about today bled that the European partner in the secrets to a major European subcon- is far more than a mode of transpor- winning contractor team is currently tractor, we are facing the prospect of tation. It will be outfitted with some of considering conducting business with a having such a critical U.S. defense sys- the most advanced technology avail- sworn enemy of the United States—the tem shared with one of the America’s able to ensure secure communications Islamic Republic of Iran. gravest adversaries. and easy maneuvering to avoid any I have here a list of companies who The stakes could not be any higher. possible threats from the ground and recently attended an air show in Kish, We cannot afford to allow critical air. As long as the President is in Iran, exhibiting their wares, and solic- American technology to fall into the flight, this aircraft will be a global iting business from the Iranian Govern- hands of terrorist states. And we can- nerve center, with critical information ment. Listed at number 50 on this list not allow those who wish us harm ac- constantly flowing in and essential de- is Agusta Westland as well as its par- cess to information on any aircraft cisions flowing out. This aircraft needs ent company Finneccanica at number that would be carrying the President of to be safe and secure, and well- 52. We do not know what they were the United States. equipped to ensure secure communica- marketing at their exhibits during the For these reasons, I am offering this tions. For obvious reasons, the tech- January 18–21 trade show, but it is amendment which, I repeat, addresses nology making this happen needs to be surely the view of this Senator that no two critical concerns that I have raised protected at all costs. government manufacturer of such sen- here today: We cannot afford to let America’s en- sitive technology as the U.S. Presi- First, my amendment forbids any emies gain access to any of this criti- dential helicopter has any business company involved in building the Ma- cally important technology. That is even entertaining the idea of doing rine One aircraft from conducting busi- why companies involved in developing business with state sponsors of ter- ness with a state sponsor of terrorism; Marine One cannot be allowed to have rorism such as Iran. any relations with our most dangerous How can we allow the chance that a second, it subjects the Marine One con- adversaries. Such relations might sworn adversary of the United States tract to standard export controls gov- present opportunities for the sharing of like Iran could gain access to Amer- erning joint U.S.-foreign defense pro- designs or materials with state-spon- ica’s most sensitive defense tech- grams, waiving exemptions provided to sors of terrorism. nologies? I know that my colleagues companies from NATO countries. Armed with such information, terror- are keenly aware of the history of I know that there are some who ists could learn about the Iran’s government, dating back to the might object to this provision as being vulnerabilities of the Presidential heli- taking of American hostages in 1979 too harsh on our allies, particularly copter, and attempt to intercept crit- and the installation of a brutal fun- since it eliminates waiver protections ical communications or effectively tar- damentalist dictatorship. But let me be pertaining to companies in NATO get our President from the air or from utterly clear about the threat that we countries. But the honest and sobering the ground. are dealing with here. We are talking reality is that I am not proposing any- My amendment also says that when about one of the three members of thing nearly as drastic as what our it comes to this critically important what President Bush referred to as NATO allies are currently doing in the technology, there should be no chance ‘‘the Axis of Evil.’’ This is how the conduct of their own defense contracts. that anyone wishing America harm State Department described U.S. rela- Unlike the legitimate security con- could gain access to our most sensitive tions with Iran in its most recent Iran cerns I have voiced here on the floor secrets. When it comes to this critical country report: today, our European friends are cur- defense system, there should be no ex- As a state sponsor of terrorism Iran re- rently banning non-European heli- ceptions to our export licensing. mains an impediment to international ef- copter manufacturers from even com- It may come as a surprise to some forts to locate and prosecute terrorists . . . peting for bids in their countries, sim- that this amendment would even be The U.S. Government defines its areas of ob- ply in order to protect their domestic necessary, but it should not come as a jectionable Iranian behavior as the fol- defense industry. As this chart dem- lowing: Iranian efforts to acquire nuclear surprise that Senator LIEBERMAN, my weapons and other weapons of mass destruc- onstrates—in the market for medium cosponsor on this amendment, and I tion; Its support for and involvement in lift helicopters, the U.S. has been are deeply concerned about what could international terrorism; Its support for vio- banned from even bidding for contracts happen. But I am afraid that troubling lent opposition to the Middle East peace with the governments of the United reports have surfaced about a European process; and Its dismal human rights record. Kingdom, France, Portugal, Norway, partner in the manufacturing team re- President Bush himself referred to the Netherlands, Sweden, Denmark, cently awarded the contract to build the threat posed by Iran in his most re- Finland, Germany, Italy, and Greece.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3257 My amendment does not attempt to I do not fault the distinguished chair- money! But, frankly, I don’t know impose the same protectionist meas- man of the Foreign Relations Com- what it takes to build a building in ures that these countries have im- mittee. I think at the time this was New York, and neither do most folks. posed. This measure is critically im- done very hastily, it was not clear to But there are some people who do and portant in safeguarding secrets that the staff and the chairman of the For- we’ll look to their opinions later. are fundamental to our Nation’s gov- eign Relations Committee that it was It is a 30-story building. We own the ernment. It will ensure that no person within the jurisdiction of the Armed real estate. It was modern once, when with access to our most sensitive na- Services Committee. Otherwise, I it was built in 1953, and people thought tional security technologies has the op- would have come over to the floor ear- it was avant garde at the time. I have portunity to share these critical se- lier. never been impressed with it, but it is crets with those who would wish us Now, the amendment having been an imposing structure. The fact that harm. We are simply standing up for adopted, I, together with my two dis- we need to renovate that building may the most sensitive security interests of tinguished colleagues from New York, not be disputable. It probably does our nation and the safety of our Presi- Senators CLINTON and SCHUMER, will need it, although it was renovated dent. address this matter tomorrow or dur- pretty substantially in the 1970’s. Anything less would be reckless and ing the course of the further consider- Equivalent in today’s dollars, over $150 a dereliction of our duty as Americans. ation of the Foreign Affairs Authoriza- million was spent on it. I merely point to this fact. Nothing tion Act. But I can assure you, we will The current plan is for the United in this amendment would suggest we employ every parliamentary device States to loan the money at a 5.5 per- ought to keep them out of our own available to us to see that this matter cent interest, a somewhat realistic in- country, but we ought to be aware is rectified because I think it was not terest rate, whereas the U.N. is holding that, while we are talking about free done in a manner that is consistent out on accepting the offer. They prob- trade, in the European nations them- with what we normally do around here ably would like a loan at no cost. The selves a United States firm cannot by way of procedures. Secondly, I think GAO reported that was Annan’s initial even get in the bidding process. So it is detrimental to the whole perform- desire. there are other reasons why this ance of the contracting and procure- The United Nations, as we know, is amendment ought to be adopted. ment responsibilities of the Secretary notoriously wasteful in the spending of I urge my colleagues to do so, and I of Defense. its money. I wish that it weren’t so, thank the chairman of the committee So for the moment, for those inter- but it is a plain fact. Their cost con- for supporting the amendment. ested in this contract, let it be known trols have never been good. The Oil- Mr. LUGAR. Mr. President, as I indi- there is a group of us who are going to For-Food Program that has been dis- cated at the outset, we are prepared on have this reexamined and, if necessary, cussed so much lately is the biggest our side to accept the amendment. take it to the full Senate for consider- boondoggle—fraud, really—in the his- Therefore, I urge its adoption. tory of the world. This U.N. program is The PRESIDING OFFICER (Mr. ation before this bill is finally acted upon. out of control. Waste of money under COBURN). Is there further debate? any circumstances is not acceptable. Without objection, the amendment is I thank the Chair. Mr. LUGAR. I am advised the distin- The United States, of course, pays agreed to. about 20 percent of U.N. dues. We are The amendment (No. 318) was agreed guished Senator from Illinois has a the largest dues-paying member of the to. statement he would like to make at Mr. DODD. Mr. President, I move to this time. I ask the Chair to allocate 5 United Nations. I believe we pay a reconsider the vote. minutes to the Senator and then to total of 22 percent of those dues. But Mr. LUGAR. I move to lay that mo- recognize me following that statement. regardless of that, UN dues are funds tion on the table. The PRESIDING OFFICER. Is there that have been sent to the United Na- The motion to lay on the table was objection? tions by nations all over the world, and agreed to. Mr. SESSIONS. Mr. President, I won- that money ought to be spent for good The PRESIDING OFFICER. The Sen- der if I might be recognized after the things with good purposes, purposes ator from Virginia. distinguished chairman, Chairman consistent with the ideals and prin- Mr. WARNER. Mr. President, this LUGAR. ciples on which the United Nations was amendment has the effect of placing a Mr. LUGAR. I amend my request founded—feeding the poor, improved serious impediment, if not an absolute that after I am recognized, the distin- medical care around the world, aid for block, against the United States pro- guished Senator from Alabama be rec- research and treatment, river blind- ceeding to fulfillment of a contract en- ognized. ness, and peacekeeping missions. tered into by the Department of De- The PRESIDING OFFICER. Without We don’t have enough money to han- fense—more specifically, the Navy De- objection, it is so ordered. dle all the missions we need to do in partment having been the executive The Senator from Illinois. the world, and the U.N. ought to do agent on this contract—for the pro- (The remarks of Mr. DURBIN are more. They do economic development, curement of the replacement heli- printed in today’s RECORD under infrastructure improvements, and de- copters commonly referred to as ma- ‘‘Morning Business.’’) mocracy building, but there is never rine I. It is the fleet that serves the Mr. LUGAR. Mr. President I ask that enough money to do all of those things President primarily and others associ- the Chair now recognize the distin- we should. Surely, with all the poten- ated with the White House. guished Senator from Alabama. I un- tial beneficial projects in the world, This contract was in negotiation for derstand he will discuss amendments there is no room to waste money on a over a year. It was an open and free but not offer them at this time. project, much less a project that would competition. So far as I know there The PRESIDING OFFICER. Without build offices for bureaucrats. was no question raised against the con- objection, it is so ordered. The Senator Let me share this story with you, tract being awarded to the winning from Alabama is recognized. which is pretty shocking to me. The company, a U.S. company, together Mr. SESSIONS. Mr. President, I want $1.2 billion loan the United Nations with a consortium of overseas partici- to share some comments about a mat- wants is to renovate a building. Some pants with, nevertheless, the U.S. com- ter which I became aware of recently. I member of the United Nations, a dele- pany being the lead company. think it is rather dramatic, and it is a gate, apparently, from Europe, had The amendment was drafted to the matter which this Senate should deal read in the newspaper in New York Arms Export Control Act and it is in- with. that Mr. Donald Trump, the premier tended to prevent the Navy from going The United Nations is planning to real estate developer in New York, the forward with this acquisition program. renovate the United Nations Head- largest in New York by far, who has his This is a matter that is clearly within quarters Building in New York. The own television show now—had just the jurisdiction of the Armed Services New York Sun reports that they are completed the Trump World Tower— Committee. Normally, we consult com- projecting to spend $1.2 billion to ren- not a 30-story building like the United mittees before acting. ovate that building. That is a lot of Nations, but a 90-story building, for a

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3258 CONGRESSIONAL RECORD — SENATE April 6, 2005 mere $350 million, less than one-third there are plans to construct a 35-story, some of these other areas of the build- of that cost. So the European United 900,000-square-foot swing space over ing that would not normally be consid- Nations delegate was curious about the Robert Moses Park, plus a 100,000- ered when you think of the square foot $1.2 billion they were spending on the square-foot esplanade park, which the of renovation, let me tell you what the United Nations. United Nations Development Corpora- figure comes to, and hold on to your He knew he didn’t know what the tion says will be built into the East hat: $1,100 per square foot. According real estate costs are in New York. So, River. That has an additional price tag to Mr. Trump, this is three, four, he called Mr. Trump and they discussed of $650 million. But that is a separate maybe five times the cost of this ren- it. Mr. Trump told him that building issue because they are having some ad- ovation, making this the most expen- he built for $350 million was the top of ditional problems with that, I under- sive renovation in history. Mr. Siegel the line. It has the highest quality of stand, at this point. said the $1.2 billion cost estimate was anything you would need in it. An executive managing director at the ‘‘outrageous.’’ This is a professional They discussed the matter, and an commercial real-estate firm Julien J. real estate man in New York City. He arrangement was made for Mr. Trump Studley Inc., Woody Heller, said a thorough said the cost of renovation would be to meet Kofi Annan, Secretary-Gen- renovation of an office building would prob- nearly as much as the price of putting eral, to discuss the concerns. The Euro- ably cost between $85 and $160 per square up a new building, including the cost of pean delegate was somewhat taken foot. land, and he would set the cost of the back at Trump’s reaction because he I am still reading from that news- land at $500 per square foot, but that is just didn’t know how much it would paper article. cost. He had originally thought Mr. Also from there, an executive vice presi- already paid for in this case. This is a big deal. A GAO report has Trump’s figures that were printed in dent at Newmark, Scott Panzer, said renova- looked at it. It assumes that our Gov- the paper were in error. tion prices could range between $120 and $200 So according to Mr. Trump, who I per square foot. ernment will pay 22 percent of the $1.2 talked to personally this morning, they From the article: billion loan principal. In other words, go meet with Mr. Annan, who had Mr. Panzer, who works with many corpora- because we pay about that much per- asked some staff member to be there, tions to redevelop their buildings for future centage in our dues to the U.N., we will and Mr. Trump is very outraged about efficiency and energy cost savings, put a pay 22 percent of the $1.2 billion paying this staffer. When the European asked price of $70 to $100 per square foot on infra- the principal back. The American tax- structure upgrades. Those would include payers have a real interest in this. how these numbers could happen, Mr. heating; ventilation; air conditioning; re- Trump said the only way would be be- There are some negotiations now. placing the central plant; fenestration (spe- The administration is saying, you cause of incompetence, or fraud. That cifically, switching from single-pane to ther- is how strongly he felt about this price mal-pane windows); upgrading elevator ought to pay some interest. We want to tag because he pointed out to me that switch gears, mechanicals, and vertical be paid 5.5 percent. We will loan you renovation costs much less than build- transportation; improving air quality, and the money, but we want to be paid 5.5 ing an entirely new building. So he has making security upgrades. On top of that interest. The U.N. is holding out to ac- a meeting with Mr. Annan, and they amount, another $50 to $100 per square foot cept our loan, perhaps Mr. Annan is have some discussion. And Mr. Trump would take care of the inside office improve- holding out for a loan with zero-inter- ments. says these figures can’t be acceptable. est. He told me in my conversation this Fifty dollars is a lot of money to ren- We would like the U.N. to have good morning, he said: You can quote me. ovate a room. Remember, this is ren- quarters. We would like them to ren- You can say what I am saying. It has ovation, not building. You can prob- ovate if that is the right thing to do. already been reported in the news- ably build a building in Alabama for However, the United Nations has a re- papers. He said they don’t know. The $100 a square foot. sponsibility not only to the United person who had been working on this The chairman of the global brokerage at States, the largest contributor, but to project for 4 years couldn’t answer commercial real-estate firm CB Richard every single country that contributes basic questions about what was in- Ellis, Stephen Siegel, said high-end commer- cial renovation usually runs from $50 to $100 to that organization. Many of them are volved in renovating a major building. per square foot. For a renovation that does not wealthy. Many of them contribute He was not capable nor competent to not include new furniture . . . [and this plan significantly to the U.N. They have a do the job. does not] but does provide for improved heat- responsibility to use that money wise- He was further concerned. He went ing, ventilation, and air-conditioning equip- ly. and worked on it, and talked about it, ment, as well as work on the building exte- I am very concerned in light of the and eventually made an offer. He said rior, the cost would be closer to the $100 end oil-for-food scandal and other problems he would manage the refurbishment, of the range, Mr. Siegel said. Even account- we have seen at the U.N. that we are ing generously for upgrades that might be the renovation, of the United Nations heading down the road to an incredibly Building, and he would not charge per- peculiar to the U.N., Mr. Siegel added he would set $250 per square foot as the absolute wasteful adventure in New York. The sonally for his fee in managing it. He maximum. U.S. Government ought to do every- would bring it in at $500 billion, less Some in the industry have estimated, thing it can not only to protect our than half of what they were expecting however, that the dimensions of the own treasury, but to protect the U.N. to spend, and it would be better. Secretary, to make sure this boon- He told me: I know something about U.N. headquarters building and total square footage in need of refurbish- doggle does not go forward. refurbishment and renovations. I do a At some point legislation by this lot of that, also. I know how to do that. ment is probably actually less than 1.1 million square feet ,less than what Congress needs to be passed to allow, Yet he never received a response from encourage, or require our leadership to the United Nations, which raised very they are saying, because it has been suggested that they were counting the demand strict accounting of what is serious concerns in his mind about being spent, to demand that any con- what was going on there. parking deck in the renovation and other parts of the building that are not struction or renovation be done in a Let me further note some comments cost-effective way, to make sure there in the New York Sun article of Feb- occupied. If you take out the parking is no fraud, there is no corruption, no ruary 4 of this year dealing with this deck and these other areas, you get a kickbacks, and no abuses whatsoever subject. It starts off quoting Mr. different figure than the 2.5 million in building this building, and that Trump in this fashion: they give you. Using the U.N. figures, the capital every dollar of the U.N. is spent wisely ‘‘The United Nations is a mess, and they’re and carefully. spending hundreds of millions of dollars un- master plan yields a square foot cost of necessarily on this project.’’ And several $452.71 for the renovation per square Those are my concerns. I thank the other Manhattan real estate experts agreed, foot. That is breathtaking and com- New York Sun for making a point in saying that the space should cost a fraction pletely out of common sense. It is al- this article. I thank Mr. Trump for his of what is being projected on a square foot most twice what Mr. Siegel said would willingness to speak publicly. He is basis. be the absolute maximum. pretty frank about it. Obviously, he is In addition to this, by the way, after But that is not all. If you go back very concerned. He felt this was not refurbishing their existing building, and take out the parking deck and being handled in a wise way. He saw a

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3259 disaster on the horizon, and he was SEC. 2903. PURPOSES. (b) SENSE OF CONGRESS REGARDING OTHER willing to speak out about it. The purposes of this title are as follows: CONSULTATIONS.—It is the sense of Congress I yield the floor. (1) To support multilateral efforts by the that the President should begin consulta- The PRESIDING OFFICER. The Sen- countries of the Western Hemisphere in plan- tions with appropriate international part- ning for a transition of the government in ners and governments regarding a multilat- ator from Nevada. eral diplomatic and financial support pro- Mr. ENSIGN. Mr. President, I ask Cuba and the return of that country to the Western Hemisphere community of democ- gram for response to a transition in Cuba. unanimous consent the pending amend- racies. SEC. 2908. ASSISTANCE PROVIDED TO THE ment be temporarily set aside. (2) To encourage the development of an CUBAN PEOPLE IN PREPARATION The PRESIDING OFFICER. Without international group to coordinate multilat- FOR A TRANSITION IN CUBA. objection, it is so ordered. eral planning to a transition of the govern- (a) AUTHORIZATION.—Notwithstanding any other provision of law other than section AMENDMENTS NOS. 319, 320, 321, AND 322, EN BLOC ment in Cuba. 634A of the Foreign Assistance Act of 1961 (22 Mr. ENSIGN. Mr. President, I ask (3) To authorize funding for programs to assist the Cuban people and independent U.S.C. 2394–1) and comparable notification unanimous consent I be permitted to requirements contained in any Act making offer four amendments en bloc, and I nongovernmental organizations in Cuba in preparing the groundwork for a peaceful appropriations for foreign operations, export send those four amendments to the transition of government in Cuba. financing, and related programs, the Presi- desk. (4) To provide the President with funding dent is authorized to furnish an amount not The PRESIDING OFFICER. Is there to implement assistance programs essential to exceed $15,000,000 in assistance and pro- objection to considering the amend- to the development of a democratic govern- vide other support for individuals and inde- ments en bloc? ment in Cuba. pendent nongovernmental organizations to support democracy-building efforts for Cuba, Without objection, it is so ordered. SEC. 2904. DEFINITIONS. including assistance for— The clerk will report. In this title: (1) political prisoners and members of their The assistant legislative clerk read (1) DEMOCRATICALLY ELECTED GOVERNMENT families; as follows: IN CUBA.—The term ‘‘democratically elected (2) persons persecuted or harassed for dis- government in Cuba’’ has the meaning given The Senator from Nevada [Mr. ENSIGN] sident activities; proposes amendments numbered 319 through the term in section 4 of the Cuban Liberty (3) independent libraries; 322, en bloc. and Democratic Solidarity (LIBERTAD) Act (4) independent workers’ rights activists; of 1996 (22 U.S.C. 6023). (5) independent agricultural cooperatives; Mr. ENSIGN. Mr. President, I ask (2) TRANSITION GOVERNMENT IN CUBA.—The unanimous consent the reading of the (6) independent associations of self-em- term ‘‘transition government in Cuba’’ has ployed Cubans; amendments be dispensed with. the meaning given the term in section 4 of The PRESIDING OFFICER. Without (7) independent journalists; the Cuban Liberty and Democratic Soli- (8) independent youth organizations; objection, it is so ordered. darity (LIBERTAD) Act of 1996 (22 U.S.C. (9) independent environmental groups; The amendments are as follows: 6023). (10) independent economists, medical doc- AMENDMENT NO. 319 SEC. 2905. DESIGNATION OF COORDINATOR FOR tors, and other professionals; CUBA TRANSITION. (Purpose: To encourage multilateral co- (11) establishing and maintaining an infor- (a) IN GENERAL.—The Secretary of State operation and authorize a program of as- mation and resources center to be in the shall designate, within the Department of sistance to facilitate a peaceful transition United States interests section in Havana, State, a coordinator who shall be responsible in Cuba, and for other purposes) Cuba; for— At the end of the bill, add the following: (12) prodemocracy programs of the Na- (1) designing an overall strategy to coordi- tional Endowment for Democracy related to TITLE XXIX—PEACEFUL TRANSITION IN nate preparations for, and a response to, a Cuba; CUBA transition in Cuba; (13) nongovernmental programs to facili- SEC. 2901. SHORT TITLE. (2) coordinating assistance provided to the tate access to the Internet, subject to sec- This title may be cited as the ‘‘Cuba Tran- Cuban people in preparation for a transition tion 102(g) of the Cuban Liberty and Demo- sition Act of 2005’’. in Cuba; cratic Solidarity (LIBERTAD) Act of 1996 (22 SEC. 2902. FINDINGS. (3) coordinating strategic support for the U.S.C. 6032(g)); Congress makes the following findings: consolidation of a political and economic (14) nongovernmental charitable programs (1) The Cuban people are seeking change in transition in Cuba; that provide nutrition and basic medical their country, including through the Varela (4) ensuring program and policy coordina- care to persons most at risk, including chil- Project, independent journalist activity, and tion among agencies of the United States dren and elderly persons; and other civil society initiatives. Government in carrying out the policies set (15) nongovernmental charitable programs (2) Civil society groups and independent, forth in this title; and to reintegrate into civilian life persons who self-employed Cuban citizens will be essen- (5) pursuing coordination with other coun- have abandoned, resigned, or been expelled tial to the consolidation of a genuine and ef- tries and international organizations, includ- from the Cuban armed forces for ideological fective transition to democracy from an au- ing international financial institutions, with reasons. thoritarian, communist government in Cuba, respect to assisting a transition in Cuba. (b) DEFINITIONS.—In this section: and therefore merit increased international (b) RANK AND STATUS OF THE TRANSITION (1) INDEPENDENT NONGOVERNMENTAL ORGA- assistance. COORDINATOR.—The coordinator designated NIZATION.—The term ‘‘independent non- (3) The people of the United States support in subsection (a) shall have the rank and sta- governmental organization’’ means an orga- a policy of proactively helping the Cuban tus of ambassador. nization that the Secretary of State deter- people to establish a democratic system of SEC. 2906. MULTILATERAL INITIATIVES RELATED mines, not less than 15 days before any obli- government, including supporting Cuban cit- TO CUBA. gation of funds to the organization, is a izen efforts to prepare for transition to a bet- The Secretary of State is authorized to charitable or nonprofit nongovernmental or- ter and more prosperous future. designate up to $5,000,000 of total amounts ganization that is not an agency or instru- (4) The Inter-American Democratic Char- made available for contributions to inter- mentality of the Cuban Government. ter adopted by the General Assembly of the national organizations to be provided to the (2) ELIGIBLE CUBAN RECIPIENTS.—The term Organization of American States (OAS) pro- Organization of American States for— ‘‘eligible Cuban recipients’’ is limited to any vides both guidance and mechanisms for re- (1) Inter-American Commission on Human Cuban national in Cuba, including political sponse by OAS members to the governmental Rights activities relating to the situation of prisoners and their families, who are not of- transition in Cuba and that country’s even- human rights in Cuba; and ficials of the Cuban Government or of the tual reintegration into the inter-American (2) the funding of an OAS emergency fund ruling political party in Cuba, as defined in system. for the deployment of human rights observ- section 4(10) of the Cuban Liberty and Demo- (5) United States Government support of ers, election support, and election observa- cratic Solidarity (LIBERTAD) Act of 1996 (22 pro-democracy elements in Cuba and plan- tion in Cuba as described in section 109(b) of U.S.C. 6023(10)). ning for the transition in Cuba is essential the Cuban Liberty and Democratic Soli- SEC. 2909. SUPPORT FOR A TRANSITION GOVERN- for the identification of resources and mech- darity (LIBERTAD) Act of 1996 (22 U.S.C. MENT IN CUBA. anisms that can be made available imme- 6039(b)(1)). (a) AUTHORIZATION OF APPROPRIATIONS.—In diately in response to profound political and SEC. 2907. SENSE OF CONGRESS. addition to funds otherwise available for economic changes on the island. (a) SENSE OF CONGRESS REGARDING CON- such purposes, there are authorized to be ap- (6) Consultations with democratic develop- SULTATION WITH WESTERN HEMISPHERE.—It is propriated such sums as are necessary to the ment institutions and international develop- the sense of Congress that the President President to establish a fund to provide as- ment agencies regarding Cuba are a critical should begin consultation, as appropriate, sistance to a transition government in Cuba element in the preparation of an effective with governments of other Western Hemi- as defined in section 4(14) of the Cuban Lib- multilateral response to the transition in sphere countries regarding a transition in erty and Democratic Solidarity (LIBERTAD) Cuba. Cuba. Act of 1996 (22 U.S.C. 6023(14)).

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3260 CONGRESSIONAL RECORD — SENATE April 6, 2005 (b) DESIGNATION OF FUND.—The fund au- ‘‘(4) the term ‘war crime’ means— ments be set aside in order to offer thorized in subsection (a) shall be known as ‘‘(A) any offense now cognizable before the three amendments en bloc. the ‘‘Fund for a Free Cuba’’. International Criminal Court; and The PRESIDING OFFICER. Without (c) AVAILABILITY OF FUNDS.—Amounts ap- ‘‘(B) any offense hereafter cognizable be- propriated pursuant to subsection (a) are au- fore the International Criminal Court, effec- objection, it is so ordered. thorized to remain available until expended. tive on the date such offense becomes cog- Mr. SESSIONS. I call up amendments AMENDMENT NO. 320 nizable before such court.’’. numbered 290, 291, and 317. (Purpose: To amend chapter 118 of title 18, (b) CLERICAL AMENDMENT.—The table of The amendments are as follows: sections in chapter 118 of title 18, United United States Code, to prohibit foreign war AMENDMENT NO. 290 crimes prosecutions of Americans) States Code, is amended by adding at the end the following: (Purpose: To require aliens to affirm certain At the end of title IV, add the following: ‘‘Sec. 2442. International criminal oaths prior to admission to the United SEC. 405. PROHIBITION OF WAR CRIMES PROS- States) ECUTION. court.’’. (a) IN GENERAL.—Chapter 118 of title 18, AMENDMENT NO. 321 On page 110, between lines 4 and 5, insert United States Code, is amended by adding at (Purpose: To ensure the independence of the the following: the end the following: Inspector General of the United Nations) SEC. 812. REQUIREMENTS FOR ADMISSION TO ‘‘§ 2442. International criminal court On page 59, between lines 4 and 5, insert THE UNITED STATES. ‘‘(a) OFFENSE.—Except as provided in sub- the following new section: (a) REQUIREMENT FOR OATH PRIOR TO OB- section (b), it shall be unlawful for any per- SEC. 405. UNITED NATIONS OFFICE OF THE IN- TAINING VISA.—Section 222 of the Immigra- son, acting under the authority of the Inter- SPECTOR GENERAL. tion and Nationality Act (8 U.S.C. 1202) is national Criminal Court, another inter- (a) WITHHOLDING OF PORTION OF CERTAIN amended by adding at the end the following national organization, or a foreign govern- ASSESSED CONTRIBUTIONS.—Twenty percent new subsection: ment, to knowingly indict, apprehend, de- of the funds made available in each fiscal ‘‘(i) Every alien applying for a non- tain, prosecute, convict, or participate in the year under section 102(a) for the assessed immigrant visa shall, prior to obtaining such imposition or carrying out of any sentence contribution of the United States to the visa, swear or affirm an oath stating that— or other penalty on, any American in con- United Nations shall be withheld from obli- ‘‘(1) the alien shall adhere to the laws and nection with any proceeding by or before the gation and expenditure until a certification to the Constitution of the United States; International Criminal Court, another inter- is made under subsection (b). ‘‘(2) the alien will not attempt to develop (b) CERTIFICATION.—A certification under national organization, or a foreign govern- information for the purpose of threatening this subsection is a certification by the Sec- ment in which that American is accused of a the national security of the United States or retary in the fiscal year concerned that the war crime. to bring harm to any citizen of the United following conditions are satisfied: ‘‘(b) EXCEPTION.—Subsection (a) shall not States; apply in connection with a criminal pro- (1) ACTIONS BY THE UNITED NATIONS.— ‘‘(3) the alien is not associated with a ter- ceeding instituted by the government of a (A) The United Nations has met the re- rorist organization; foreign country within the courts of such quirements of paragraphs (1) through (6) of ‘‘(4) the alien has not and will not receive country with respect to a war crime alleg- section 401(b) of the Foreign Relations Au- any funds or other support to visit the edly committed— thorization Act, Fiscal Years 1994 and 1995 United States from a terrorist organization; ‘‘(1) on territory subject to the sovereign (Public Law 103–236; 108 Stat. 446). ‘‘(5) all documents submitted to support jurisdiction of such government; or (B) The Office of Internal Oversight Serv- the alien’s application are valid and contain ‘‘(2) against persons who were nationals of ices has fulfilled the directive in General As- truthful information; such country at the time that the war crime sembly Resolution 48/218B to make all of its ‘‘(6) the alien will inform the appropriate is alleged to have been committed. reports available to the General Assembly, authorities if the alien is approached or con- ‘‘(c) CRIMINAL PENALTY.— with modifications to those reports that tacted by a member of a terrorist organiza- ‘‘(1) IN GENERAL.—Any person who violates would violate confidentiality or the due tion; and subsection (a) shall be fined not more than process rights of individuals involved in any ‘‘(7) the alien understands that the alien’s $5,000,000, imprisoned as provided in para- investigation. visa shall be revoked and the alien shall be graph (2), or both. (C) The Office of Internal Oversight Serv- removed from the United States if the alien ‘‘(2) PRISON SENTENCE.—The maximum ices has an independent budget that does not is found— term of imprisonment for an offense under require the approval of the United Nations ‘‘(A) to have acted in a manner that is in- this section is the greater of— Budget Office. consistent with this oath; or ‘‘(A) 5 years; or (2) ACTIONS BY THE OIOS.—The Office of In- ‘‘(B) provided fraudulent information in ‘‘(B) the maximum term that could be im- ternal Oversight Service has authority to order to obtain a visa.’’. audit, inspect, or investigate each program, posed on the American in the criminal pro- (b) REQUIREMENT FOR OATH PRIOR TO AD- project, or activity funded by the United Na- ceeding described in subsection (a) with re- MISSION.— tions, and each executive board created spect to which the violation took place. (1) IN GENERAL.—The Secretary of Home- ‘‘(d) EXTRATERRITORIAL JURISDICTION.— under the United Nations has been notified land Security or an individual designated by There is extraterritorial jurisdiction over an in writing of that authority. the Secretary of Homeland Security shall re- offense under this section. AMENDMENT NO. 322 quire an alien seeking admission to the ‘‘(e) CIVIL REMEDY.—Any person who is ag- (Purpose: To ensure the United Nations United States pursuant to a nonimmigrant grieved by a violation under subsection (a) maintains a no growth budget) visa to swear or affirm an oath reaffirming may, in a civil action, obtain appropriate re- On page 11, line 15, striking ‘‘There’’ and all the information provided by the alien for lief, including— insert the following: the purpose of obtaining the nonimmigrant ‘‘(1) punitive damages; and (1) AUTHORIZATION OF APPROPRIATIONS.— visa. ‘‘(2) a reasonable attorney’s fee as part of There (2) ADMINISTRATION OF OATH.—The Sec- the costs. On page 11, between lines 23 and 24, insert retary of Homeland Security shall admin- ‘‘(f) DEFINITIONS.—In this section— the following: ister the oath required by paragraph (1) to an ‘‘(1) the term ‘American’ means any citizen (2) NO GROWTH BUDGET.—Of the amounts alien in the United States prior to the ad- or national of the United States, or any appropriated pursuant to the authorization mission of such alien. other person employed by or working under of appropriations in paragraph (1), $80,000,000 (3) FALSE STATEMENTS.—An alien who the direction of the United States Govern- shall be withheld for each of the calendar knowingly and willfully makes a false state- ment; years 2006 and 2007 unless the Secretary sub- ment in swearing or affirming the oath re- ‘‘(2) the term ‘indict’ includes— mits a certification to the appropriate con- quired by paragraph (1) shall be subject to ‘‘(A) the formal submission of an order or gressional committees for each such cal- the penalties imposed for making a false request for the prosecution or arrest of a per- endar year that states that the United Na- statement under section 1001 of title 18, tions has taken no action during the pre- son; and United States Code. ceding calendar year to increase funding for ‘‘(B) the issuance of a warrant or other (4) ADMISSION DEFINED.—In this subsection, any United Nations program without identi- order for the arrest of a person, the term ‘‘admission’’ shall have the mean- fying an offsetting decrease elsewhere in the by an official of the International Criminal ing given that term in section 101(a) of the United Nations budget during that calendar Court, another international organization, Immigration and Nationality Act (8 U.S.C. year and that for such calendar years the or a foreign government; 1101(a)). ‘‘(3) the term ‘International Criminal United Nations will not exceed the spending AMENDMENT NO. 291 Court’ means the court established by the limits of the initial 2004–2005 United Nations biennium budget adopted in December, 2003. Rome Statute of the International Criminal (Purpose: To strike the authority to provide Court adopted by the United Nations Diplo- Mr. ENSIGN. I yield the floor. living quarters and allowances to the matic Conference of Plenipotentiaries on the AMENDMENTS NOS. 290, 291, AND 317, EN BLOC United States Representative to the Establishment of and International Criminal Mr. SESSIONS. Mr. President, I ask United Nations) Court on July 17, 1998; and unanimous consent the pending amend- Strike section 318.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3261 AMENDMENT NO. 317 tions have not signed on to the so- Mr. SCHUMER. So I object to what- (Purpose: To provide for accountability in called article 98 agreement with the ever the unanimous consent request the United Nations Headquarters renova- United States. The article 98 agree- was until I see what it is. tion project) ment has to do with the American The PRESIDING OFFICER. Objec- SEC. ll. UN HEADQUARTERS RENOVATION. Service Members Protection Act. That tion is heard. (a) LIMITATION.—Notwithstanding any is because the administration is vehe- Mr. DODD. Mr. President, my point other provision of law, no loan in excess of mently opposed to the International on this amendment is that with the $600,000,000 may be made available by the Criminal Court, and any nation that significant deterioration in the connec- United States for renovation of the United tions between our country and these Nations headquarters building, located in does not protect American servicemen New York, New York. from potentially being prosecuted nations that have received in the past ‘‘(b) REPORTING REQUIREMENT.—Any such under that act would have the inter- the international military and edu- loan shall be contingent upon the satisfac- national military and educational cational training funds and the eco- tory submission, by the Secretary-General of training funds, along with economic nomic support funds, that we find our- the United Nations, of a report to Congress support funds, cut off entirely. selves in a very precarious position containing a detailed analysis of the United Now, again, I am not arguing at all with these countries and the junior of- Nations headquarters renovation. about whether we ought to have the ficers and senior officers who have Mr. LUGAR. I suggest the absence of American Service Members Protection come here for their training. So the a quorum. Act. My colleagues have voted for that. amendment, in effect, would delink The PRESIDING OFFICER. The That is the law of the land. My concern these issues. It does not overturn the clerk will call the roll. is linking that legislation with the American Service Members Protection The assistant legislative clerk pro- international military and educational Act; it just delinks it. ceeded to call the roll. training funds and economic assistance Who is advocating this? SOUTHCOM, Mr. DODD. Mr. President, I ask unan- funds. which is the military structure and or- imous consent that the order for the Let me tell you what has happened as ganization that has the responsibility quorum call be rescinded. a result of linking these up. We used to for dealing with Latin America, is a The PRESIDING OFFICER. Without have as many as 800 junior officers or strong advocate of delinking these objection, it is so ordered. senior officers from Latin America issues. In fact, in today’s Washington Mr. DODD. Mr. President, I will send come to the United States each year to Times, the headline is ‘‘U.S. ’hands a copy of an amendment to the desk, go to our schools, to learn about how tied’ in South America.’’ I will quote but I am not going to offer the amend- we would conduct our military oper- from the article: ment right now. I would like to discuss ations, to receive the critical training As the Bush administration tries to craft a what I would like to do at some point that would make them more in tune new foreign policy toward an increasingly on a matter of significance. I will send with our ideals, our values, as military belligerent Venezuela, Pentagon and mili- the amendment up to the desk and ask officers. tary officials say they cannot blunt that na- unanimous consent to lay aside the As a result of this linkage we have tion’s regional influence unless a law meant pending amendment. now adopted, we now have zero mili- to protect U.S. personnel from prosecution The PRESIDING OFFICER. Without tary personnel coming from these in the International Criminal Court is changed. objection, it is so ordered. countries that I have already men- Mr. DODD. Mr. President, very brief- tioned, the 11 countries affected; the The article goes on: ly, I know we are about to maybe have countries being Bolivia, Ecuador, Peru, That law, the American Service Members a more important matter come to the Venezuela, Brazil, Costa Rica, Para- Protection Act, prohibits U.S. security as- sistance funds and most military coopera- floor. I am going to keep my eye on the guay, Uruguay, Barbados, St. Vincent chairman of the committee so he can tion unless a country rejects the U.N.-backed and the Grenadines, Trinidad, and To- ICC or signs a bilateral immunity agreement let me know when I should wrap up bago. with the United States. . . . these comments. To give you some idea, we used to Of the 22 nations in the world that are on The amendment that at some point I have from Peru 172 young officers come the black list [so-called]—they have ratified would like to offer, either on this bill to the United States. Because of the the ICC agreement and have refused to grant or another piece of legislation, deals linkage, we now have zero. Uruguay the United States bilateral immunity—11 of with what I believe is an extremely im- sent 202. We now have zero. Venezuela, them are in Latin America. portant issue about enhancing U.S. dip- 73; Ecuador, 85—to give you some idea I have listed them already. lomatic and strategic influence in the in the last year or so, and on down the So again, I will not go on at great Western Hemisphere. list. length. I know there is a possibility As many of my colleagues know, I I ask unanimous consent that the list here of reaching an agreement on a have been a member of the Foreign Re- of the number of people coming from matter that has held up this bill. This lations Committee on the sub- these countries on a roughly annual amendment would delink these issues. committee dealing with Latin America basis be printed in the RECORD, if I I do not need to emphasize the point. for the 24 years I have been in the Sen- may. My colleagues should be aware of this. ate, either as the ranking member or Mr. SCHUMER. Reserving the right There was a growing influence from as the chairman of the subcommittee. to object. the People’s Republic of China in Latin I am deeply concerned, as I know The PRESIDING OFFICER. The Sen- America, offering to spend billions of many of my colleagues are, that while ator from New York. dollars in the region and I presume, our attention is focused on other parts Mr. SCHUMER. Mr. President, an willing as well, to train military per- of the world, for obvious reasons, there amendment just passed without notice sonnel. We do not want to lose the tre- is a serious condition developing in to any of us that involves a dispute mendous opportunity we have had over Latin America that deserves our atten- about a helicopter between New York the years to maintain these relation- tion. and Connecticut. I did not know of that ships. The amendment I would be offering is amendment. Neither did Senator CLIN- Again, I am not here to argue today quite simple. It would permit nations TON. Neither did anybody else. So I the wisdom or lack of wisdom of the in this hemisphere to receive inter- have to object to this until I see what American Service Members Protection national military and educational it is. It was offered by my good friend Act. The only case I want to make to training, so-called IMET training, as- from Connecticut. I will serve notice, I my colleagues is, Should we be linking sistance from the United States. will hold up this bill and sit here until these IMET funds—that is, the inter- My colleagues might say: Well, don’t we deal with this in a fair way. This national military and educational we do that? Haven’t we been doing that was a sneak attack. We knew nothing training funds—and economic support for years? The answer is yes. But it has about it. It was not debated. And it is funds, which are critically important been stopped in 11 countries in Latin not the right way to do business in Latin America, with that legisla- America, along with economic support around here. tion? I do not think we should. funds. The reason is because these na- Mr. DODD. Well, Mr. President—— SOUTHCOM, our military leaders, do

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3262 CONGRESSIONAL RECORD — SENATE April 6, 2005 not think we should. Roger Noriega, ators permitted to speak for up to 10 the fall of the Soviet Union, including with whom I do not always agree on minutes each. I also ask unanimous smallpox engineered to be totally le- Latin American issues, thinks it is consent that I be recognized for 20 min- thal, a hybrid plague that is more re- wrong to link the economic support utes as the initial speaker. sistant to vaccine, and a strain of an- fund issues as well. So people who have The PRESIDING OFFICER. Without thrax resistant to seven different anti- strong credentials, if you will, in op- objection, it is so ordered. bodies. Unfortunately, we have no as- posing the International Criminal The Senator from New Hampshire is surance that all of these products Court believe that linking these issues recognized. which they were trying to develop have in this region is not serving the inter- f been destroyed. We are aware of some ests of the United States well at all. rogue countries that developed deliv- THREAT OF BIOLOGICAL ATTACKS At an appropriate time, in consulta- ery systems such as anthrax-laced tion with the chairman of the com- Mr. GREGG. Mr. President, I appre- cigarettes and botulism-contaminated mittee and others, I would like to pur- ciate the courtesy of the Members who beer. sue this matter to see whether my col- are in the Chamber and who are deal- While the President’s Commission leagues might agree that we might ing with the State Department author- finds the threat deeply troubling delink these issues. With that, again, ization bill and allowing me to proceed today, they foretell that it will be knowing there are other matters that as in morning business as they address more tomorrow, when genetics modi- can be dealt with, I won’t belabor the the issues surrounding that bill. fication techniques will allow creation point. I wanted to raise an issue which I be- of even worse biological weapons. I have some further comments I will lieve is of very high significance of how These findings underscore that the make, but I will wait for the appro- we deal with the threat of biological threat posed to our national security priate time to do that so that my full attacks. This has been an issue I have from biological, chemical, radiological, statement can be read by those who been involved in for a considerable and nuclear weapons is truly real and may be interested in this particular amount of time, having authored the significant. proposal. first bioshield bill as the chairman of Even before the anthrax attacks I yield the floor. the HELP Committee at the time. here, we as a Congress recognized the The PRESIDING OFFICER. The Sen- Just weeks after September 11, an- need to enhance three critical enter- ator from Indiana. thrax attacks occurred in Florida, New prises or sectors in our country to bet- Mr. LUGAR. Mr. President, let me York, and Washington. They killed five ter protect our people from attacks by respond briefly to the distinguished people, and they crippled the mail de- biological agents: No. 1 the research Senator from New York. The amend- livery system in several cities and re- enterprise, led by NIH and private re- ment that was offered by the distin- quired a cleanup that cost more than $1 searchers; No. 2 the biotechnology de- guished Senator from Connecticut, as I billion. For all that, the President’s velopment and manufacturing sector, indicated before he was on the floor, we Commission which just reported on particularly vaccines but also other were prepared to accept. We presumed weapons of mass destruction says we countermeasures such as drugs and de- there was not Democratic Party oppo- were lucky. vices; and No. 3 the broader health care sition to that; there were not members We cannot really know whether we delivery system, including physicians, of the committee on the floor. Senator were exclusively lucky or whether this hospitals, and public health depart- DODD is a member of the committee, was the result of responsible effort to ments here and abroad. and, therefore, we acted in good faith, prepare ourselves for the next attack The first substantial effort, started as we have to. We are trying very hard that we have not been attacked again before the anthrax attacks and com- to proceed amendment by amendment, or in a worse way, but the facts remain pleted in 2002, was the Bioterrorism depending upon Senators to be on the that the threat continues. The Presi- Act of 2002, which dramatically in- floor, to be represented by their party dent’s Commission makes obvious the creased funding for the Strategic Na- officials and by their staffs. So I am finding that biological weapons are tional Stockpile so that a national pool hopeful the distinguished Senator from cheaper and easier to acquire than nu- of countermeasures, including those to New York and the Senator from Con- clear weapons, and they could be even protect against smallpox, could be necticut may be able to agree on a more deadly. maintained. It also dramatically im- course of action, but from our stand- There is no question that if terrorists proved our border protection authori- point, we believe the amendment was are able to get their hands on a ties, particularly for food imports; pro- offered and accepted legitimately and weaponized biological agent, whether it tected our water supply; dramatically in due course. is anthrax, small pox, botulism, or increased oversight of research labs I suggest the absence of a quorum. ebola, they will use it in a place where that handled agents that could poten- The PRESIDING OFFICER. The Americans gather in their daily lives. tially be used in an attack; and com- clerk will call the roll. Whether it is a subway system as oc- mitted substantial new resources to The assistant legislative clerk pro- curred in Japan or a building as oc- our state public health systems and ceeded to call the roll. curred in the Capitol, it is these types hospitals to ensure improved surveil- Mrs. CLINTON. Mr. President, I ask of attacks—biological, chemical, and lance and surge capacity. Institution- unanimous consent that the order for dirty bombs—that pose the greatest ally, it also created a number of new the quorum call be rescinded. threat to our Nation. Federal authorities to identify and de- Mr. LUGAR. I object. The President’s Commission, which velop and coordinate our response to a The PRESIDING OFFICER. Objec- released its report last Thursday, ex- threat. tion is heard. posed the stark reality that our intel- In 2003 and 2004, following the Presi- The clerk will continue calling the ligence community may have under- dent’s call and leadership, we passed roll. estimated the progress of terrorists the bipartisan Project BioShield Act to The assistant legislative clerk con- and others in developing biological confront weaknesses in our ability to tinued with the call of the roll. weapons. For example, in Afghanistan, have the research enterprise speed re- Mr. GREGG. Mr. President, I ask investigators found evidence that after sults to us and to have FDA speed prod- unanimous consent that the order for the war, al-Qaida had the capability to ucts to potential victims. Notably, we the quorum call be rescinded. produce a virulent biological weapon pre-funded a $5.6 billion account to as- The PRESIDING OFFICER. Without identified only as ‘‘agent X,’’ which sure the developers of countermeasures objection, it is so ordered. documents suggest was anthrax. that if they delivered a product that f Much of the information we have on protected this country from a biologi- the development of biological weapons cal attack then the Government would MORNING BUSINESS by terrorist groups and rogue nations in fact have the resources to purchase Mr. GREGG. Mr. President, I ask is classified; however, it is no secret that product and recognize their work. unanimous consent that there now be a that Soviet scientists were working on Project BioShield recognized that we period for morning business with Sen- engineering biological agents before had very little on hand to address even

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3263 the handful of agents that pose the is in many ways positive—they are en- other important and often more profit- greatest threat, such as smallpox, an- trepreneurial, often have crucial in- able drugs. Many of the measures in thrax, botulism and plague. As a re- sights into a bioterrorism agent or BioShield II legislation, including fi- sult, we have made valuable progress. product, can move quickly, and many nancial incentives, intellectual prop- Our smallpox stockpile has grown have strong venture capital connec- erty protection, and liability protec- from 90,000 doses of smallpox vaccine tions. However, in other critical ways tion were recommended during those ready for use in 2001 to 300 million they lack the ability in our current en- hearings. doses today. We have modified vaccinia vironment to deliver a finished, effec- A key point here is that we need to Ankara, a next-generation smallpox tive product to potential victims. ensure the participation in this enter- vaccine that promises greater safety, These same companies tend to be prise of not just small, fleet, and inno- in clinical testing and others in small, often work on only a single vative biotechnology companies. We predevelopment. In addition, we have a product, rarely have the capital re- need to broaden our attention to large, new oral form of an antiviral drug quired to bring a product to market, experienced companies, with multiple cidofovir in advanced product develop- and typically have limited ability to sources of financing, the ability to ment for use in the event of a smallpox manufacture a product at the level and manufacture, license, and bring to attack and to treat the rare complica- with the speed required to respond market a product, and do so on a large tions from the smallpox vaccine. fully to an emergency. BioShield has scale in an emergency. Additional To combat anthrax, a new recom- done little to address these latter con- measures are needed to encourage po- binant vaccine is in clinical testing cerns. tential research, manufacturing, and and may need fewer doses than the The President’s Commission stated health care delivery partners to com- classic vaccine, and the Department of that to combat this continuing threat, mit substantial resources and take the Health and Human Services has con- the Intelligence community, and the risks necessary to bring innovative tracted with VaxGen to purchase 75 government as a whole, needs to ap- new products to market. million vaccine doses under BioShield. proach the problem with a new urgency The number-one threat cited by ex- New anthrax therapies that can neu- and new strategies. We are in fact perts in our hearings and experts in a tralize the anthrax toxin are also being pushing our luck. range of forums and publications is the developed, such as monoclonal and This is precisely why BioShield II—a almost boundless liability exposure as- polyclonal antibodies. bill that I introduced as part of S. 3— sociated with developing these prod- To combat botulism, treatments for is critical to our efforts in the war ucts—and the resulting massive cost of the toxin and a vaccine to prevent the against terrorism. S. 3 clearly indi- product liability law suits. The unfor- disease are in development. And finally cates that the Senate Republican lead- tunate liability experience of Bayer, for Ebola a new vaccine is in develop- ership puts a very high priority on in- manufacturer of Cipro, bears witness to ment. vigorating our biodefense capability. the exposure a biodefense manufac- Project BioShield was a good start, The people and 10 organizations that turer faces—and the litigation costs but we must do more. As the authors of will be on the front lines of national that will be incurred even when, as in the Center for Biosecurity report note: defense will no longer be just tradi- the Bayer case, the manufacturer is The legislation represents a significant tional defense industries—providing eventually absolved. step for the government and dem- arms and artillery—but will now in- Manufacturers of biodefense counter- onstrates [its] seriousness [but] is only clude biomedical research and bio- measures typically risk exposure to a necessary first step. technology manufacturing sectors, as devastating product liability lawsuits We have identified dozens of agents well as health care delivery systems. to a far greater degree than typical that could be used against our people, Building this biodefense sector is the drug companies and for this reason are yet we still lack vaccines and treat- first step in winning what could be the unlikely to get commercial liability in- ments for some of the gravest biologi- arms race of the 21st century. We must surance for countermeasure products. cal and chemical threats, such as ricin, be secure in the ability of this sector to There are a number of reasons. For ex- plague, and viral hemorrhagic fever. prevent and defend the United States ample, as Project BioShield specifi- We still lack an antidote to sulfur mus- against biological weapons. If we are cally contemplates, such counter- tard and nitrogen mustard—and those capable of developing a vaccine or measures may be made available with- available for sarin and VX have signifi- some other treatment that will neu- out the usual battery of clinical trials cant limitations in their practical util- tralize the effect of these types of bio- required for other FDA-approved prod- ity given the speed with which they logical agents, including genetically ucts. Safety and efficacy data often need to be applied. modified pathogens, then they are less must be derived, for the most part, We are also not prepared to fight nat- likely to be used against us. This same from animal trials because healthy hu- urally occurring infectious diseases— sector must also be positioned to fight mans cannot be exposed to toxic agents such as avian flu—that could be equal- new natural threats, such as a pan- during testing for obvious reasons. ly as deadly and could be weaponized in demic of avian flu. And, as highlighted Further, the scope of distribution of the future. And experts in HELP testi- by a recent GAO report on Anthrax De- biodefense products and their method mony, as well as those responding to a tection, we need improved detection of distribution heightens the risk of a comprehensive survey by the Univer- and testing methods to accurately de- lawsuit—even if the product is other- sity of Pittsburgh Center for Biosecu- termine when an agent has been re- wise safe and effective. For example, rity, note the increasing threat of new leased and when an area has been de- when distributed to large numbers of bio-engineered and genetically modi- contaminated and is safe. Similarly, as potential victims, perhaps millions of fied pathogens. A 2003 CIA review con- the Washington Post helped uncover, Americans in an emergency, there will firms that these strains could be BioWatch style technologies need to be inevitably be harm or injuries that ‘‘worse than any disease known to dramatically improved, so that we occur around the time of the use of the man.’’ Many have observed that we in have confidence in the detection of air- product but that are in fact associated fact need to move beyond the product- borne pathogens affecting our key cit- with the inevitable pre-existing health by-product and bug-by-bug approach of ies. Currently, lab analysis, even when conditions in that large population. BioShield and address solutions more it is correct, requires days to return re- Determining the cause of the harm and comprehensively and innovatively. sults on only 10 agents to date. distinguishing between the product and And we have seen a very anemic re- A range of experts, including re- other factors will be nearly impos- sponse within the research and manu- searchers, government officials, and sible—and yet liability exposure is evi- facturing sectors to engage in bio- manufacturers, told us in hearings that dent. Methods of distribution in an defense work. Fewer than 100 compa- they need greater Federal assistance emergency, perhaps using less trained nies have come forward with even a for them to bear the risk of developing persons as a last resort, also increase modest interest in developing counter- products to counter biological threats risk of liability. measures for bioterrorism and other or infectious disease that also divert Large, responsible, successful compa- agents. The profile of these companies capital away from the development of nies are—without liability protection—

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3264 CONGRESSIONAL RECORD — SENATE April 6, 2005 the most likely to remain on the side- ernment is likely to bear both the sponded by researching and developing lines for fear of risking corporate as- human and financial cost of such an at- considerable evidence that their prod- sets in defending lawsuits. And with tack as it did on September 11th. But uct was indeed safe and effective for other sources of revenue, other success- by failing to account for these costs be- treatment following anthrax exposure. ful products, and products generally fore an attack, countermeasures will Under current law, Americans can only with higher profit margins, these same not be developed and the Nation will be rely on the unselfish generosity of a companies in fact act prudently in pro- more exposed to attack, costing Amer- company to expend these resources to tecting their general corporate assets ica both lives and economic stability. provide the safety and effectiveness from unnecessary litigation associated S. 3, which contains liability protec- data we need. Under my legislation, de- with lower-margin biodefense products. tions based on the SAFETY Act, at- pending on circumstances, additional Even as Government has begun to tempts to address these liability con- incentives involving market exclu- purchase BioShield countermeasures, cerns not only for terrorism, but also sivity could be granted for up to two the Government’s ability to limit li- countermeasures developed and de- years for the product that was used as ability has significant limitations. ployed to protect the Nation against a countermeasure. This is an impor- Under current law there are only two naturally occurring epidemics such as tant distinction from the so-called legal authorities that allow the Fed- SARS and pandemics such as Avian in- ‘‘wild card’’ exclusivity idea, which eral Government to mitigate the liabil- fluenza. Further, liability protections would allow a company to extend the ity concerns of producers of counter- would be extended to ensure that those patent protection of a different product measures other than small pox vaccine. delivering health care in an emer- as a reward for stepping forward. The first is through Federal indem- gency, including biodefense products, Again, this type of incentive will en- nification under Public Law 85–804. The receive due protection for 19 stepping courage manufacturers to step forward second is through designation/certifi- up and protecting our country when it in a crisis and will help them recoup cation under the SAFETY Act. Both of is under attack. Further, S. 3 puts their losses from diverting their re- these measures are woefully inad- some limits on the almost boundless li- search and manufacturing efforts from equate to address the practical reali- ability exposure. more profitable products. ties of potential litigation facing pro- The second most significant barrier We’ve heard resoundingly that our viders of countermeasures and the fis- to investment in biodefense tech- research, manufacturing, and health cal realities facing the Federal Govern- nology, according to experts testifying care delivery sectors need reasonable ment. before the HELP committee and other assurances that a market for these Protection under Public Law 85–804 public documents is the failure of cur- products will in fact exist should they and its executive order extension to rent intellectual property law to ade- invest the resources necessary to fully biodefense products is not frequently quately recognize and protect a re- develop them. Under the BioShield ap- granted. When it is, the primary limi- searcher or manufacturer’s investment proach the manufacturer takes the tation is that the administration typi- in a technology. gamble for product development—the cally will not address indemnification The current law mechanism for this government as the sole purchaser needs prior to award of a contract for a coun- involves a combination of patent term to be a reliable partner. I look forward termeasure—unlike the Department of extensions and grants of market exclu- to continuing to discuss viable ap- Defense, which typically does address sivity for a product, which permit a proaches in this area. In my view, how- liability earlier in the process. As a re- patent term essentially to be extended ever, it is not politically viable to have sult, potential providers must expend to compensate for periods of time while that basket of options or incentives in- resources to compete for a contract a countermeasure is in the regulatory clude ‘‘wild-card’’ exclusivity—or the that they may have to refuse due to review or other process. ability to apply a patent extension or the lack of liability protection. More Under current law, there are several market exclusivity to any product in a often companies simply refuse to bid at arbitrary limits placed on the duration company’s portfolio, regardless of all due to lack of certainty on the issue and nature of the patent extensions whether it has any use for biodefense of liability. Numerous technical and that may be granted on a pharma- purposes. Today, politically, the re- definitional limitations on the scope of ceutical product. First, the total effec- ality is that this approach is not sus- the indemnification also exist—Is the tive period of the patent from the date tainable—even if it would serve as a product inherently dangerous? Is it in- the drug is approved until the patent powerful incentive to companies to volved in national defense?—not to expires cannot exceed 14 years. Second, step up and deliver much-needed bio- mention the nature of indemnification no patent extension can exceed 5 years. defense products. may expose the Federal Government to In addition, only partial credit for a enormous liability exposure as awards patent extension is granted for the The role of the government in facili- and liability is not structured or lim- lengthy time the product undergoes re- tating research, development, and de- ited in any way. search and development before an ap- livery of biodefense products can be The practical utility of SAFETY Act plication is reviewed by the FDA. S. 3 great. Unfortunately, all too often, protections to biodefense products is would create a patent term extension government gets in the way. Accord- limited. For example, the potential li- authority that is not subject to these ingly, S. 3 also contains important reg- ability of a provider of a vaccine that arbitrary limits. This type of incentive ulatory reform initiatives for pro- is administered prior to a bioterror at- is also important to recoup some of the tecting Americans against bioter- tack is not addressed—leaving pro- innovator or manufacturer’s invest- rorism. First, it has provisions that ducers of vaccines in particular, as ment in developing the product and for will improve the international harmo- they are typically dispensed prior to an diverting resources from manufac- nization of U.S. Food and Drug Admin- attack, at great risk of liability expo- turing other more profitable drugs. istration regulations with those of the sure. Protection also requires a burden- As an alternative, S. 3 provides a sec- regulatory bodies of our allies in Eu- some pre-certification process that has ond type of patent provision to permit rope, Canada, and other developed not resulted yet in designation of any the Government to reward manufactur- countries. This will help facilitate the biotechnology products. Clearly dra- ers who work to develop a new counter- development and approval of bio- matic improvements on this model are measure use from an existing product defense products, and will reduce the required. or technology during an emergency. costs of regulation by the United The net impact of this atmosphere This provision could, for example, have States and these countries of bio- results in needed countermeasures not been useful with the drug Cipro, used defense countermeasures such as drugs, being developed and deployed, thereby as a therapeutic for a number of rea- vaccines and medical devices. Stream- exposing the economy, and the Nation sons, but at that time not otherwise lining and making truly effective the as a whole, to far greater potential li- studied for use as a treatment for an- regulatory approaches from these de- ability due to the lack of available ef- thrax exposure. During the anthrax at- veloped countries will also assure the fective countermeasures in the event of tacks, the government asked the com- continued safety and effectiveness of attack. Either way, the Federal Gov- pany to step forward—the company re- these medical countermeasures. S. 3

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3265 also requires additional reviews by ex- The PRESIDING OFFICER. Without are asking our U.S. Trade Representa- perts on how to improve regulation of objection, it is so ordered. tive to do too much and the office is these products. f not able to deliver. We ask that they Second, the bill includes important negotiate trade agreements with for- FOREIGN RELATIONS AUTHORIZA- provisions to assure uniformity eign nations at one moment and then TION ACT, FISCAL YEARS 2006 throughout the United States of bio- turn around and enforce agreements AND 2007—Continued defense product labeling and other the next, all without damaging the FDA-regulatory requirements. We ur- Ms. STABENOW. Mr. President, I ability of the United States to nego- gently need this provision to respond rise today to speak about an amend- tiate the next trade deal. It is not in a uniform and united way to a po- ment my colleague Senator LINDSEY working. While significant portions of tential bioterrorist attack or other GRAHAM and I have submitted that our trade imbalances are not caused by deadly epidemic. would create a special trade prosecutor lax enforcement, many of them are. Dramatically conflicting or con- within the Office of the U.S. Trade In February, the Department of Com- fusing state and local labeling and Representative. merce reported that the merchandise composition requirements will limit It is my understanding, working with trade deficit reached a record level of the ability of Americans across the our leader and the chairman of the Fi- $666.2 billion in 2004, a 21.7-percent in- country to respond adequately and nance Committee, that we are not crease since 2003. That translates into quickly. It is important to note that going to proceed with this amendment job loss. The aggregate U.S. trade def- the provision includes language for ex- and instead will be entering into a col- icit, which includes both goods and empting purely local matters such as loquy with the chairman of the Fi- services, was $617.7 billion dollars, a 24- pharmacy practice laws from national nance Committee about his willingness percent increase over 2003. We have uniformity requirements and unique to work with us to add language to cre- many trading partners that fulfill their local conditions. ate a special trade prosecutor on appro- obligations under our agreements, but The Bioterror Act of 2002 took sig- priate legislation coming to the Fi- we also have many that do not. We nificant steps forward to address public nance Committee to reauthorize trade should address this problem with a health infrastructure needs of the laws. We look forward to working with straightforward solution, a special country. BioShield II builds on these him. I look forward to the colloquy we trade prosecutor. authorities in an effort to prioritize re- will be submitting for the RECORD Yesterday, we finally saw a glimmer sources to those areas faced with the shortly. of hope on the trade front as the ad- I thought it was important to be able greatest threat—to build the technical ministration began the process of im- to speak about this issue for a moment expertise of the federal workforce, par- posing import quotas on shirts, trou- because I know there are many of us on ticularly at our premier biomedical sers, and underwear. But it could have both sides of the aisle who are deeply and health organizations at NIH, FDA, come much sooner if we had someone concerned about what is happening as and CDC—and to build private sector in the Government whose job it was to it relates to unfair trade practices by response capacity in various private- look for these violations and to rec- other countries. We want to work to- public arrangements designed to have ommend action. gether on a bipartisan basis in order to credentialed, expert, and trained teams Commerce Secretary Gutierrez, a address this, and address this as quick- on hand to respond quickly to a crisis. man whom I respect and strongly sup- ly as possible. That is why I am so Surveillance authorities here and ported as Secretary of Commerce, com- pleased Senator GRAHAM has joined abroad also need to be strengthened ing from the great State of Michigan, with me as an author of this amend- and developed—using innovative pri- is already having a positive impact. I ment. We also have a separate bill as vate sector analysis of prescription hope he will pursue this case until our well to do the same thing. We look for- drug, hospital emergency room and textile industry finally gets the relief ward to working with the Finance doctor visits and other ‘‘leading indica- it deserves. tors.’’ In short, as Richard Falkenrath Committee in order to be able to create That is not enough. There are more of the Brookings Institution notes, the prosecutor and to include legisla- U.S. industries facing similar unfair ‘‘there’s no area of homeland security tion in a future bill coming to the Sen- trade practices. We are proposing an in which the administration has made ate. institutional change that will allow us more progress than bioterrorism, and This amendment is based on the con- to thoroughly and vigorously inves- none where we have further to go. But, cept by Senator BAYH from Indiana. I tigate and prosecute these cases. it is critical to agree with Elin Gursky thank him for being a serious and For instance, China is a textbook with the Anser Institute for Homeland thoughtful voice in this debate, for his case of how a foreign government has Security, ‘‘This problem won’t be ongoing advocacy, and for providing used a network of illegal subsidies and solved by money alone.’’ the Senate with solutions to fix our We have an obligation to be prepared growing trade deficit. I congratulate government interventions in order to for the worst threat. Maybe that Senator BAYH as well. destroy foreign competition both in the ‘‘next’’ attack will never come. Or This amendment would create a spe- United States as well as in many other maybe it will come tomorrow. cial trade prosecutor appointed by the countries. We can’t know where or when it will President and confirmed by the Senate According to the United States-China come or what our enemies will try to with authority to ensure compliance Economic and Security Commission, do. We have to be prepared for all pos- with trade agreements and to protect these actions have gone virtually un- sibilities. Therefore, we have to have a our manufacturers as well as our farm- challenged by the U.S. Government, de- vibrant and strong biotechnical indus- ers against unfair trade practices. This spite the fact that China’s actions are try, a biomedical industry, and an at- prosecutor will have the authority to in clear violation of both U.S. trade mosphere here in the Federal Govern- investigate and recommend the pros- law and WTO rules. ment which encourages the develop- ecution of cases before the WTO, as These anticompetitiveness actions by ment of the vaccines and other anti- well as those under trade agreements the Chinese Government include cur- bodies which will allow us to address to which the United States is a party. rency manipulation. I am very proud to these type of threats. Currently, we have an executive have been a cosponsor of the amend- I yield the floor. branch that is organized in such a way ment that overwhelmingly passed ear- I suggest the absence of a quorum. as to make prosecution of unfair trade lier today, bipartisan amendment, to The PRESIDING OFFICER. The cases unlikely, at best. This trade pros- send a very strong message to China clerk will call the roll. ecutor would allow us to fix that. Cou- regarding the fact we will no longer The assistant legislative clerk pro- pled with the fact that our domestic tolerate the manipulation of their cur- ceeded to call the roll. manufacturing base has eroded due to rency. It is causing job loss. It is caus- Ms. STABENOW. Mr. President, I ask unfair trade practices, and we have put ing pressure on our American busi- unanimous consent that the order for our manufacturers and others in our nesses. I am pleased we were able to ad- the quorum call be dispensed with. economy in an impossible situation, we dress that.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3266 CONGRESSIONAL RECORD — SENATE April 6, 2005 It is estimated that currency manip- Unfortunately, the plant closings cannot participate in the voting for the ulation provides as much as a 40-per- continue in Michigan and around the composition of the International Court cent subsidy for Chinese exporters. In Nation. Over the past three months we of Justice in The Hague, nor can an addition, the Chinese Government also see example after example of the dam- Israeli judge serve on that court. Yet has illegal direct Government subsidies age a ‘‘wait and see’’ attitude has on the court is called upon, and was re- of its state-owned textile and apparel workers in this country. cently, by other nations and the Gen- sectors, illegal export tax rebates of Lear Corporation continues to cut eral Assembly to pass judgment on the about 13 percent, and the deliberate ex- jobs in Grand Rapids, a total of 300 to actions of Israel to protect its national tension of billions of dollars in nonper- date, and the company promises more borders and to secure the lives and the forming or free money loans by China’s layoffs this summer. Also, in Grand safety of its citizens. central banks in order to award a com- Rapids, Steelcase will cut 600 jobs. The Also, as a result of the denial of full petitive advantage against foreign ripple effect of Lear Corporation’s deci- status, Israel is not allowed to partici- competition. sion will lead Advanced Plastics in pate in United Nations conferences on The Commission goes on to say that Schoolcraft, MI, to layoff more than human rights, racism, and other issues in the case of China, the dramatic in- 100 employees this spring. held in world locations, which is par- crease in subsidies has caused Chinese The City of Edmore recently lost 120 ticularly important since some of those prices to drop by an average of 58 per- high paying manufacturing jobs at the conferences unfairly discriminate cent over the past 2 years in those local Hitachi plant. Those jobs are against Israel in their consideration of product areas where the quotas have moving to China. issues they do not consider to the same been removed. In Alma, 260 employees at Oxford extent or at all as they affect other As a result, China has begun a near Automotive are now unemployed due member nation states. monopoly share in these products over to the competitive pressures in the My amendment says it is the sense of the last 24 months, gaining 60 percent automotive industry, a large part of Congress that President Bush should of the market. which is due to current manipulation direct the U.S. permanent representa- Our businesses in Michigan just ask by Japan and China. tive to the United Nations to seek an for a level playing field. They just ask And the examples don’t end there as immediate end to the persistent and the rules be fair. It is our job to make we all know. We should not be shirking deplorable inequality that is experi- sure they are. However, our Govern- our responsibilities to enforce trade enced by Israel in the United Nations; ment has failed to file any complaints rules. This amendment helps us do that Israel should be afforded the bene- at the WTO despite the Chinese Gov- that. And it helps us save American fits of full membership in Western Eu- ernment’s repeated and widespread vio- jobs. ropean and other groups in the United lations of WTO rules. This is of grave I believe in trade and the benefits it Nations to achieve that full participa- concern to colleagues on both sides of can have for our manufacturers, farm- tion, and that the U.S. Secretary of the aisle and was reflected again in the ers, and other industries. But, we need State should report to Congress on a vote earlier today as it relates to Chi- to have fair trade first and foremost. regular basis on the actions of the ad- na’s manipulation of their currency. A Special Trade Prosecutor would ministration to encourage Israel’s full Last year, as is widely reported, our have the power to stand up for our acceptance by other member states in Government refused to criticize Chi- manufacturers and farmers and make the United Nations. Obviously this law na’s human rights and labor rights sure that other countries are holding and those requirements would apply record before the United Nations equally to future administrations of Human Rights Commission despite up their end of their trade agreements. The PRESIDING OFFICER. The Sen- our Government as well. overwhelming evidence of human ator from Tennessee is recognized. It is ironic because the United Na- rights violations. tions created the State of Israel back Our Government’s inaction is costing (The remarks of Mr. ALEXANDER in 1948, and yet it has been the body hundreds of thousands of American pertaining to the introduction of S. 726 where some of the most anti-Semitic jobs—I argue that is rapidly becoming and S. 727 are printed in today’s and discriminatory attacks against the millions crippling our manufacturing RECORD under ‘‘Statements on Intro- sector, distorting trade and investment duced Bills and Joint Resolutions.’’) democratically elected Government of patterns globally, and leaving hundreds Mr. ALEXANDER. Mr. President, I the people of Israel have taken place. of millions of Chinese workers vulner- suggest the absence of a quorum. There have been some improvements. able and mistreated, as well. The PRESIDING OFFICER (Mr. There have been recognitions most re- Let me give a few examples of the DEMINT). The clerk will call the roll. cently by Secretary Kofi Annan of the violations occurring. Counterfeit auto- The legislative clerk proceeded to anti-Semitic and anti-Israel bias his- motive products are a big problem in call the roll. torically in the United Nations. Some my home State of Michigan. Not only Mr. DAYTON. Mr. President, I ask progress has been made, but some is does it kill American jobs, but it has unanimous consent that the order for not full progress or acceptance, and the potential to kill Americans as the quorum call be rescinded. some is not enough. cheap, shoddy automotive products re- The PRESIDING OFFICER. Without The United Nations was founded place legitimate ones of higher quality. objection, it is so ordered. upon the principle that all member na- The American automotive part and Mr. DAYTON. Mr. President, I rise to tions of the world, all of which may be components industry loses an esti- discuss an amendment that I have filed engaged to some or another extent in mated $12 billion in sales on a global and will offer formally. It is a sense-of- practices or activities that other na- basis to counterfeiting. We do not even the-Senate resolution that calls for the tions may disagree with, are equal keep statistics on the potential loss of United Nations to give full nation members there for the purpose of re- life. We should understand if left un- membership status to Israel. solving the differences among nations checked, this penetration of counter- Unfortunately, and wrongly, Israel and among the peoples of the world feit automotive products jobs has the has not been granted the full status peacefully, equitably, and hopefully in potential to undermine the public’s that other 190-nation members enjoy, the ultimate best interests of all con- confidence and trust in what they are ever since it became a nation state in cerned. So by denying this great na- buying. We cannot let that happen. 1948 and formally became a member of tion, a democratic government and the Our amendment, the effort we will the United Nations in 1949. For over 50 people of Israel, the full rights of citi- work on with the Finance Committee, years, until the year 2000, Israel was zenship in that world body runs con- will give us a voice and a watchdog so the only member state that was con- trary to the founding principles and we can take appropriate action sooner, sistently denied admission into a re- the purpose of the United Nations. It is more aggressively, more appropriately. gional group. destructive to the attempt to resolve In Michigan, we lost 51,000 manufac- Even now, it is still limited to the the differences in the Middle East turing jobs from 1989–2003 due to Chi- Western European and others group in peacefully, equitably, and hopefully na’s unfair trade practices, according New York but not in Geneva and else- permanently for the benefit of all con- to the Economic Policy Institute. where. As a result, for example, Israel cerned.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3267 I yield the floor, and I suggest the ab- tacks on some Arab-Americans. He Ernest Childers, a courageous war- sence of a quorum. wrote: rior to the end, died March 17 at a hos- The PRESIDING OFFICER. The Even though I have darker skin than some pice in Tulsa after suffering a number clerk will call the roll. Americans, that doesn’t mean I’m any less of strokes. He leaves his wife of 59 The assistant legislative clerk pro- patriotic than any other American. I am ap- years, Yolanda, and their three chil- ceeded to call the roll. palled that people who call themselves dren. Mr. ENZI. Mr. President, I ask unani- ‘‘Americans’’ are attacking and killing other These men were recipients of the Americans simply because of their skin mous consent that the order for the color. Presidential Medal of Freedom, the quorum call be rescinded. highest civilian honor our Nation can Now let me speak of another recently The PRESIDING OFFICER. Without bestow on an individual; and the Medal lost. Fred Korematsu also suffered a objection, it is so ordered. of Honor, the highest military honor great injury in World War II. In his our Government grants. f case, however, the injury wasn’t phys- They risked everything as young men TRIBUTE TO TWO GREAT AMERI- ical, and it wasn’t inflicted by enemy to defend the great principles on which CANS: FRED KOREMATSU AND soldiers. It was inflicted by the United our Nation is based, and they contin- ERNEST CHILDERS States government in one of the most ued to speak out for those principles shameful chapters in our Nation’s his- Mr. DURBIN. Mr. President, It is said until they died. They were truly Amer- that Pope John Paul II was probably tory. In 1942, Mr. Korematsu was 22 years ican heroes. the most widely recognized person in Our thoughts and prayers go out to old, living in California, when the U.S. the entire world. We have heard many their family and friends. government declared 120,000 Japanese- inspiring tributes to this great man, f and rightly so. American citizens and immigrants I would like to take a few minutes to ‘‘enemy aliens’’ and ordered that they THE NUCLEAR OPTION pay tribute to two other great men who be forced from their homes into intern- Mr. LEAHY. Mr. President, we heard died recently. Unlike the Pope, their ment camps—prison camps. a distinguished leader of a country Mr. Korematsu—who was born in names and their faces were not in- pushing into democracy this morning, California to immigrant parents—had stantly recognizable. But they shared addressing a joint meeting of the Con- tried twice to enlist in the military some of his finest qualities. They were gress over in the other body. I think after Pearl Harbor, but was rejected for remarkably brave men who risked every time a country moves into de- health reasons. He did everything he much to protect transcendent truths, mocracy, and its leaders and citizens could think of to be accepted as Amer- and who continued to defend those come to this country, one of the things ican. He changed his name, and even truths even in the twilight of their they are thrilled about is the independ- had an operation to try to make his lives. In their cases, the truths were ence of our Federal judiciary and our eyes appear rounder. Still, he was still the principles that are the essence of judiciary overall. They say in their ordered to be imprisoned at Tule Lake, America. country, if they ever want to have de- an infamous internment camp in Cali- Both of these men first made their mocracy, they have to have the inde- fornia. marks on American history during pendence of the judiciary. His family and friends complied with World War II. I mention this because in recent the order. But Fred Korematsu resisted Ernest Childers was a Native Amer- weeks there seems to have been this es- because, he said, he was an American, ican, a member of the Creek Nation calating verbal attack by political and he believed that the internments from Oklahoma, and a recipient of the leaders—and I must say, with all due were unconstitutional. Medal of Honor. He challenged the order all the way respect, Republican political leaders— He was a lieutenant in the Army Na- to the United States Supreme Court. In against Federal judges, including those tional Guard when he arrived on the a decision that remains one of the most who have been appointed by Repub- beaches of Salerno, Italy, in September infamous decisions in its history, the lican Presidents, and against the Su- 1943. Hearing that many in his division Court ruled in 1944 that the internment preme Court, where most of the jus- were pinned down by enemy fire in of American citizens of Japanese de- tices have been appointed by Repub- nearby hills, he organized a group of scent was justified by the need to com- lican Presidents. The Republican leader of the House eight soldiers to help clear a path to bat sabotage and espionage. rescue the endangered soldiers. It took nearly 40 years for Fred has spoken seeking vengeance against An exploding enemy shell threw Lt. Korematsu’s conviction for opposing judges involved in the Terri Schiavo Childers to the ground, breaking his internment to be overturned by a U.S. matter. A Senate Republican has ref- ankle, but he continued to advance. Or- District Court. erenced the brutal murders in the dering his soldiers to lay down a base In 1988, Mr. Korematsu helped win an State court in Georgia and of Judge of fire to protect him, he crawled—with apology and reparations from the Lefkow’s family in Illinois as if they his shattered ankle—toward an enemy United States Government for intern- were somehow connected to judicial de- sniper’s nest. ment camp survivors. A decade later, cisions that some people do not like Almost out of ammunition, he he was awarded the Presidential Medal and which lead to pressures that ex- reached down and threw a rock at the of Freedom. plode in violence. snipers guessing correctly that they In November 2003, Mr. Korematsu did Now, I know all Senators, Repub- would mistake it for a hand grenade. something he never expected he would licans and Democrats, including the He was right. When the snipers stood to have to do again in his life. He filed an- Senator who made those remarks, run, Lt. Childers shot and killed one of other brief before the Supreme Court strongly agree there can be no jus- them; one of his soldiers killed the protesting what he believed to be un- tification for violence against judges or other. Later that day, he single- constitutional internments by our Gov- their families. In Iraq, judges are being handedly captured an enemy soldier. ernment only this time, the detainees attacked by insurgents. In Columbia, After recovering from his wounds, he were being held at Guantanamo Bay, honest judges were murdered by drug- was sent back into combat and fought Cuba. dealing thugs. That is not a cir- at the Battle of Anzio, where he was Mr. Korematsu’s brief contained a cumstance we want to see anywhere in wounded again. He was recovering in a simple plea. the world, especially here. We cannot military hospital when he learned that . . . to avoid repeating the mistakes of the tolerate or excuse or justify it here in he was to receive the Medal of Honor. past, this court should make clear that the the United States. He retired from the Army as a lieu- United States respects constitutional and When I chaired the Judiciary Com- tenant colonel in 1965, worked briefly human rights, even in times of war. mittee in 2001, one of the first things I in Washington, then returned home to Fred Korematsu died on March 30 at did was push for passage of the Judicial Oklahoma. his home in Larkspur, CA after a long Protection Act, which toughened After September 11, he wrote a wide- respiratory illness. He leaves his wife, criminal penalties for assaults against ly circulated column criticizing the at- Katherine, and their son and daughter. judges and their families. I sponsored it

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3268 CONGRESSIONAL RECORD — SENATE April 6, 2005 with Senator GORDON SMITH. We en- filibuster for judicial nominees is an- of partisan margins. Partisan passions acted it. We were right to do so. Pro- other, more extreme, form of intimida- must be kept in check when we are ad- tecting our judges and Federal law en- tion.’’ I ask that a copy of that edi- dressing an independent branch of Gov- forcement officers should be a top pri- torial be included in the RECORD at the ernment, and no President should seek ority for us. I think sometimes the end of my statement. to pack the bench with unalloyed par- focus on terrorism distracts us from The PRESIDING OFFICER. Without tisans or narrow ideologues. the day-to-day dangers for judges. objection, it is so ordered. It is the Federal judiciary that is I remember the autumn of 2001, when (See exhibit 1.) called upon to rein in the political Senator Daschle and I were each sent Mr. LEAHY. Eliminating the fili- branches when their actions con- anthrax-laced letters in an environ- buster by the nuclear option would vio- travene the Constitution’s limits on ment in which high-ranking Repub- late and destroy the Constitution’s de- governmental authority and restrict lican leaders had criticized us unfairly sign of the Senate as an effective check individual rights. It is the Federal judi- during the sensitive weeks leading up on the executive. The elimination of ciary that has stood up to the over- to that. People who touched the out- the filibuster would reduce any incen- reaching of this administration in the side of the envelope addressed to me— tive for a President to consult with aftermath of the September 11 attacks. the envelope I was supposed to open— home-State Senators or seek the ad- It is more and more the Federal judici- people who simply touched it, doing vice of the Senate on lifetime appoint- ary that is being called upon to protect their job, died as a result of that. And ments to the Federal judiciary. It is a Americans’ rights and liberties, our en- no perpetrator was ever arrested or leap not only toward one-party rule vironment and to uphold the rule of convicted for these anthrax attacks by and absolute majoritarianism in the law as the political branches under the someone who may have thought him- Senate but to an unchecked executive. control of one party have overreached. self a ‘‘super patriot’’ willing to will to Recently Republican partisans have Federal judges should protect the make his point. ratcheted up the vitriol even further rights of all Americans, not be selected I do not want to see more attacks on with their direct threats upon the judi- to advance a partisan or personal agen- our Federal and State judges. So I urge ciary. They spare no one, neither State da. Once the judiciary is filled with those members of the other party who court judges, nor Federal judges, nor partisans beholden to the administra- are making these attacks to disavow Federal judges appointed by Repub- tion and willing to reinterpret the Con- the rhetoric and those attacks. They lican Presidents, nor the Supreme stitution in line with the administra- should not be creating an atmosphere Court Justices themselves. Their goal tion’s demands, who will be left to pro- in which anyone will feel encouraged or is intimidation and subservience to an tect American values and the rights of justified in attacking our judiciary if ideological agenda, rather than adher- the American people? The Constitution they do not like a particular decision. ence to the rule of law. Worst of all, establishes the Senate as a check and a In this regard, I thank the Senator some Republican leaders have taken balance on the choices of a powerful from Texas for the comments he made their rhetoric to a level that should President who might seek to make the Tuesday afternoon in which he ex- concern all Americans, at a time when Federal judiciary an extension of his pressed his regrets with regard to cer- violence against judges, their families administration or a wholly-owned sub- tain remarks he made on Monday that and courtroom personnel has shocked sidiary of any political party. he says were taken out of context and the nation. The Republican leader of The Senate’s role in advising the ex- misinterpreted. He has urged that the the House has recently spoken of seek- ecutive and determining whether to overheated rhetoric about the judiciary ing vengeance against judges involved consent to confirmation of particular be toned down and acknowledged that in the Terri Schiavo matter. I recall a nominees is a fundamental check and ‘‘[o]ur judiciary must not be politi- similar call by that House leader in balance on the executive. It is espe- cized.’’ 1997 in which he called for the intimi- cially important with respect to life- Mr. President, I became a Member of dation of judges. I spoke against it time appointments to the judiciary. the Senate more than 30 years ago at a then and do so again today. It is essen- The Senate’s rules, already adopted time when the country was recovering tial that we preserve the independence and in place for this Congress, continue from an abuse of power by President of our judiciary and protect it from in- to provide for an orderly procedure to Nixon. In the wake of the Watergate timidation. end debate on matters before the Sen- scandal, many of us were elected to be In my time in the Senate we have ate and an orderly procedure for a forceful check on executive power. It often faced issues directly relevant to amending the Senate rules. was a mindfulness of the danger that the separation of powers and the role Just as amending our fundamental absolute power corrupts that the this body plays as a check on executive charter, the Constitution, requires Founders designed our Constitution to power. As ranking Democratic member supermajorities, so amending our Sen- contain a vital set of checks and bal- of the Judiciary Committee and as a ate rules does, as well. When the Sen- ances among the three branches of our former chairman of the committee, I ate rule for ending debate in the Sen- Federal Government. Those checks and have invested significant time and en- ate has been amended in the past, the balances have served to guarantee our ergy on providing resources to our rules for amending those rules have freedoms for more than 200 years. third branch of Government. During been followed. Previous Senate majori- Today, Republicans are threatening the 17 months I chaired the committee, ties have followed the rule of law by to take away one of the few remaining the Senate confirmed 100 of President amending rule XXII only after a super- checks on the power of the executive Bush’s judicial nominees. In the other majority has agreed to end debate on branch by their use of what has become 34 months of the Bush administration, amending the rule. The nuclear option known as their ‘‘nuclear option.’’ This the Senate has confirmed but 104. would circumvent rule XXII and would assault on our tradition of checks and The independent, nonpartisan role destroy the equivalent of the rule of balances and on the protection of mi- that judges play in our democracy is law in the Senate. nority rights in the Senate and in our vital. I agree with Chief Justice Even the Senate’s Republican major- democracy should be abandoned. Rehnquist when he called the inde- ity should not be above the law. The The American people have begun to pendent judiciary the ‘‘crown jewel’’ of Senate has always protected minority see this threatened partisan power grab our democracy. It is the envy of and rights. The nuclear option would bring for what it is and to realize that the the model for the world. In order to an end to that tradition and to the threat and the potential harm are keep this branch of Government inde- comity and cooperation on which the aimed at our democracy, at the inde- pendent and above politics, these nomi- Senate depends. The Senate and the pendent Federal judiciary and, ulti- nations to lifetime appointments House were designed by the Founders mately, at their rights and freedoms. A should be of the caliber to garner wide to serve different functions in our Gov- thoughtful editorial appeared in one of consensus, not political divisiveness. ernment. The nuclear option destroys my home State’s newspapers today. In The goal should not consistently to be the fundamental character of the Sen- that editorial, The Barre-Montpelier to see how many controversial nomi- ate. Breaking so fundamental a Senate Times Argus observed: ‘‘Abolishing the nees can be confirmed by the narrowest rule by brute force is lawlessness. Over

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3269 the past 2 years, the Republican major- The way to resolve this conflict is for The Schiavo case passed before judges in ity has already bent, broken or ignored the President and Senate Republicans state and federal courts, the federal appeals the rules governing committee consid- to work with all Senators and engage court, even the U.S. Supreme Court, and all eration of judicial nominees. This year in genuine, bipartisan consultation those judges, liberal and conservative, ruled that Terri Schiavo’s expressed wishes, as they are moving to destroy the one aimed at the appointment of consensus conveyed by her husband, should prevail. Senate rule left that allows the minor- nominees with reputations for fairness There has been much debate about whether ity any protection and any ability to who can gain wide support and join the the husband was reliable and whether the protect the rights of the American peo- more than 200 judges confirmed during medical diagnosis was correct. But those ple. President Bush’s first term. By last De- questions went to judgment in the courts. In political speeches we all talk cember, we had reduced judicial vacan- That is what courts are for. The judiciary is about the importance of the rule of cies to the lowest level, lowest rate and independent so that courts can weigh facts law. In Iraq over the last 2 years, lowest number in decades, since Presi- in a calm and reasoned fashion, free of polit- ical pressures or the enthusiasms of en- young Americans have given the ulti- dent Ronald Reagan was in office. mate sacrifice seeking to help establish flamed groups. Sometimes we don’t agree There are currently 28 judicial vacan- with the outcome, but citizens, like judges, a democracy that upholds the rule of cies for which the President has de- are not supposed to impose outcomes. law. The governing transitional law layed sending a nominee. In fact, he Intimidation of the judiciary was also the that the Bush administration helped has sent the Senate only one new judi- approach of former Attorney General John design for Iraq calls for a two-thirds cial nominee all year. I wish he would Ashcroft, who sought to discipline judges vote of the Iraqi legislature to select work with all Senators to fill those re- who acted counter to his wishes. Abolishing the president and vice presidents. This maining vacancies rather than through the filibuster for judicial nominees is an- was created to protect the minority other, more extreme, form of intimidation. his inaction and unnecessarily The Republican critique of the judiciary and encourage consensus. Just today confrontational approach manufacture suggests they believe judges are somehow we hear that the long period of nego- longstanding vacancies. outside the democratic system, that they tiations following the Iraqi elections There are currently two of his nomi- have no business thwarting the workings of has yielded an agreement on the presi- nees, Michael Seabright of Hawaii and the legislative branch. But judges are an es- dency council, which is the next step in Paul Crotty of New York, who the Re- sential part of the democratic system. For forming an Iraqi government, and that publican leadership refuses to schedule one, they are appointed by the elected execu- the Iraqi national assembly expects to for consideration. I believe that those tive and confirmed by elected senators. And have the two-thirds vote required to they exist to safeguard our democratic sys- nominees can be debated and will be tem when the legislative or executive proceed to name a Kurdish leader, a confirmed by overwhelming bipartisan branches try to ride roughshod over the law. prominent Shiite Arab politician and a votes, if the Republican leadership of In the Schiavo case, the executive and leg- Sunni Arab leader as the president and the Senate would focus on making islative branches sought to abolish the con- the two vice presidents of Iraq. While progress instead of seeking to manufac- stitutional role of the judiciary as an inde- we recognize and fight for consensus- ture a crisis. They can become the first pendent branch. In those cases where Presi- building and minority protection in judges confirmed this year. Let us join dent Bush’s judicial nominees exhibit simi- Iraq, Republican partisans here at together to debate and confirm these lar lack of respect for the law, senators have the duty to oppose them and to stand up home are threatening the nuclear op- consensus nominees. against the intimidating tactics of the Re- tion to remove protection for the mi- Rather than blowing up the Senate, publican leadership. nority in the U.S. Senate. That is let us honor the constitutional design f wrong. of our system of checks and balances When President Bush last met earlier and fill judicial vacancies with con- HONORING POPE JOHN PAUL II this year with President Putin of Rus- sensus nominees without unnecessary Mr. MCCONNELL. Mr. President, I sia, he spoke eloquently about the fun- delay. rise today with a heavy heart to ex- damental requirements of a democratic EXHIBIT 1 press my sorrow on the passing of his society. President Bush acknowledged [From the Times Argus, Apr. 6, 2005] Holiness, Pope John Paul II. that democracy relies on the sharing of TIME TO STAND UP Karol Jozef Wojtyla, born in the vil- power, on checks and balances, on an Republicans and Democrats are headed for lage of Wadowice, Poland, grew up in a independent court system, on the pro- a showdown in the Senate over the Demo- poor family, and was an orphan by the tection of minority rights and on safe- crats’ insistence that, for a handful of ex- age of 21. But by the end of his long, guarding human rights and human dig- treme and ill-suited judicial nominees, it energetic life, he had overseen a new nity. What we preach to others we will use the filibuster to block action. Sen. outpouring of faith in the Catholic should practice. Destroying the protec- Patrick Leahy, ranking Democrat on the Senate Judiciary Committee, will be in the Church and a renewal of freedom tion of minority rights, removing the center of the fight. around the world. Senate as a check on the President’s Republicans have responded to the pros- With his election in 1978, John Paul power to appoint lifetime judges and pect of Democratic filibusters by threat- became the first non-Italian pope in undermining our independent Federal ening to throw out the rule allowing filibus- over 450 years. How fitting that of all judiciary are inconsistent with our ters for judicial nominees. Democrats say the countries to produce the next pope, democratic principles and values but that if that happens they will halt all but he came from Poland. In 1978, Poland, that is precisely what the nuclear op- the most essential Senate action. The battle over the judiciary is a central like most of Eastern Europe, was tion would do. political struggle of our time. The congres- straining under the yoke of Soviet Breaching the Senate rules to elimi- sional effort to meddle in the Terri Shiavo domination. The Soviet Communists nate filibusters of nominations will case was a prelude to the battle over the had dubbed religion ‘‘the opiate of the only produce more division, bitterness courts, and it revealed the dangerous degree masses,’’ and purposefully destroyed and controversy. To date the Senate to which the nation’s Republican leaders in- churches, detained or murdered priests, has proceeded to confirm 204 lifetime tend to twist the judiciary to their will. and terrorized worshippers. appointments to the Federal judiciary The party line among Republicans is that The last thing they wanted was a na- by President Bush. The Senate has re- they favor judges who interpret the law rath- er than making it. They don’t want judges tive son of Poland returning there to fused to grant its consent to only a imposing outcomes or crafting decisions to remind his people of the power of faith. handful of his most controversial and carry out a personal agenda. Despite the Polish Communist gov- divisive nominees and only after public Yet the astonishing comments by Rep. ernment’s attempts to prevent his debate and the votes of a substantial Tom DeLay, House Republican leader, show visit, John Paul journeyed to Poland in number of Senators. Those who now the Republicans’ true aim. DeLay revealed June 1979. When he arrived he knelt threaten the nuclear option were will- that, above all, he wants to impose out- down and kissed the Earth. He made ing to forestall votes on more than 60 comes. The outcome in the Schiavo case over three dozen public appearances, in didn’t go his way so he began talking of im- of President Clinton’s moderate and peaching the judges involved. Judges whose Warsaw, in Krakow, even in Auschwitz, qualified judicial nominees if only one independence is curbed by that kind of in- and millions of Polish Catholics de- anonymous Republican Senator had a timidation will be forced into outcomes de- fined their government to see him. secret objection. manded by politics, not by the law. John Paul reminded the world that the

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3270 CONGRESSIONAL RECORD — SENATE April 6, 2005 power of faith was stronger than tanks. lifetime than anyone else in the world. Pope. He was the first Pope to visit a He told his listeners that Christ could As shepherd of the Catholic Church, he synagogue or a mosque. He visited the not be removed from human history. increased its number from 750 million Western Wall in Israel and apologized He urged them, ‘‘be not afraid.’’ to one billion over the globe. But he for the Church’s failure to resist and With his visit, John Paul reminded could also speak directly to just one speak out against the Holocaust. Like Eastern Europeans that no economic man. no other Pope before him, he used his system was more powerful than the Take a man named Mehmet Ali Agca. position to build bridges of under- human spirit. Within months, the Pol- On May 13, 1981, Agca shot the pope as standing and respect between different ish solidarity movement began, and he rode in a jeep driving through St. faiths. was the first crack in the Iron Curtain. Peter’s Square, and wounded him in Pope John Paul II did not merely Thanks to continuous pressure by the the abdomen, right arm and left hand. give sermons. He led by example. This Pope and other Western leaders, the John Paul was rushed to surgery and was particularly evident when it came Soviet empire finally crumbled 12 remained there for 5 hours. Part of his to the issue of forgiveness. Many of us years later. intestines had to be removed, and this often talk about forgiveness in an ab- John Paul knew something about the man, a former skier, hiker and moun- stract sense. In January 1981, the Pope power of faith over totalitarianism. In tain climber, never fully recovered survived a bullet wound from a would- 1944, while studying for the priesthood from this murderous attack. be assassin. Two years later, he visited in Krakow, Poland, the Nazis began But 2 years after the shooting, John and forgave the man who made an at- rounding up men to forestall an upris- Paul went to visit Agca in an Italian tempt on his life. ing against their brutal regime. They prison. The apostle and the assassin The Pope was an incredibly char- captured 8,000 in Krakow. But they spoke face to face, and John Paul for- ismatic individual. A former actor, he missed 24-year-old Karol, by failing to gave Agca for attempting to kill him. used the skills he developed on stage to look in the basement of the house he In 1999, the Vatican endorsed clemency, his advantage. I was fortunate enough was staying in. He was down there and the Italian Government pardoned to meet personally with him twice. praying. Agca a year later. Like so many, I was impressed not only John Paul was not a political leader, Right up until the end of his life, by his thoughtfulness, and by the depth but a religious one. He was a champion John Paul continued to teach us moral of his spiritual sentiment, but by his of human freedom because he believed lessons. By continuing his duties great human vitality, as well as his that freedom was a right granted by through his ill health, he reminded us sense of humor. God. And he wanted to share that mes- that all life has value and there is no In many ways, John Paul II was the sage with others. Through his travels, such thing as a disposable human first ‘‘modern pope.’’ Born in this cen- John Paul took the Christian faith to being. tury, he lived through a world war and We have lost a great moral leader, saw the emergence of the new threat of more people in more places than any- whose counsel will be missed as we con- terrorism. He witnessed the dawn of one else has ever done. In his 27 years tinue to fight for freedom against the the space age, as well as the develop- as Pope, he made 104 foreign trips, the forces of violence, intolerance and ha- ments of modern air travel, the com- most in papal history. Fluent in seven tred. it will be hard to fill the vacuum puter, and the internet. A great deal of languages, he spoke directly to people John Paul has left. His wisdom and his time was devoted to addressing the the world over. fearlessness spoke not just to Catho- tensions that often exist between mod- More than any Pope before him, John lics, but also to all Christians, Jews, ern society and Church traditions and Paul championed a brotherhood of Muslims, and the religions of the doctrines. faith between Christians, Jews and world. As we face a future without him, The world truly lost an extraor- Muslims. He was the first pope to visit we must go forward as he did, with con- dinary leader this past Saturday. His both a synagogue and a mosque. he re- fidence in the human soul to find message of faith, hope, and peace in- ferred to the Jewish people as ‘our meaning amidst the chaos. And we spired millions, even in his final days. elder brothers.’’ His goal was to estab- must ‘‘be not afraid.’’ I share in the mourning of his passing, lish trust and peace between the Mr. DODD. Mr. President, I rise to and I add my words of tribute to those world’s great religions. pay tribute to Pope John Paul II, who of so many who have offered them in In 1994, he established full diplomatic passed away on Saturday, April 2, 2005. recent days. relations between the Vatican and I certainly will not be able to capture Mr. NELSON of Florida. Mr. Presi- Israel. And in the closing years of the Pope John Paul’s entire legacy in these dent, I pay tribute to Pope John Paul 20th century, he issued the historic few words. He was a truly remarkable II, not only as a leader of the world’s document, ‘‘We Remember: A Reflec- individual who led a truly remarkable 1.1 billion Catholics, but also someone tion on the Shoah.’’ In it he apologized life. who was a moral leader in our troubled for the Church’s failure to stop the Pope John Paul II was a man who world. I was privileged to have met this Nazi holocaust. had a deep commitment to human free- Pope twice in my life while rep- John Paul made history when, after dom political freedom and economic resenting the people of Florida. I will so many years of working towards rec- freedom certainly, but more impor- always remember his devotion to faith, onciliation, he became the first Pope tantly, a freedom of the human soul his intellect and his charm but, most- to officially visit the Holy Land in 2000. from the bondage and burdenls of tyr- ly, I will remember his overwhelming He visited the sites of Jesus’ birth, the anny, oppression, and poverty. As a humility. Last Supper, crucifixion, burial and young man who came of age during I was struck by how a man in a posi- resurrection. In Jerusalem, he prayed World War II, he opposed Nazism. One tion of such awesome power could be so at the Western Wall. Still in Jeru- of his first encyclicals as Pope was in humble. And I believe people around salem, he visited the al-Aqsa mosque, support of workers’ rights. During the the world saw this, too, which is why where Muslims hold that Muhammad 1980’s, he was one of the leading world millions came to see and hear him dur- ascended to Heaven. figures who helped bring about the end ing his visits to 129 different countries. John Paul recognized that worshipers of communism. And he warned us all His words of freedom and peace pene- of Judaism, Christianity and Islam, against the dangers of unbridled cap- trated the human heart. who all too often clash with raised italism, particularly for those who are John Paul II was also a man of great fists, also share the same holy ground. less fortunate. courage, who learned firsthand the suf- By visiting these sites he reminded us Without a doubt, Pope John Paul II fering of the Polish people he later that they belong to none, yet are holy was the most ecumenical Pope the would come to serve. As a young man, to all. world has ever seen. It is fitting that he performed forced labor at the hands John Paul was wonderful at deliv- his passing has sparked an outpouring of the Nazis but challenged their rule. ering his message of love, hope and of appreciation not simply from Catho- As the archbishop of Krakow, he defied peace to millions at a time. He holds lics, but from people of all faiths. communist rulers, telling his country- the record for having been seen, with John Paul II visited 129 countries men no one could take faith and hope the naked eye, by more people over his outside of Italy by far the most of any from their hearts.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3271 He used his 26-year papacy to spread President Yushchenko spoke today such as the once-independent judiciary, the message of freedom and peace to with optimism and with hope for so that the rule of law can be effec- all corners of the world, and did so Ukraine’s future as a democratic coun- tively restored. Too many Zimbabwean with vigor. His international trips al- try. He said of his country, ‘‘We want a youths have been traumatized, pressed ways served a higher purpose, for he al- government of the people, by the peo- into service in brutal pro-ruling party ways sought to bring people together ple, and for the people.’’ This is a de- militia forces, enduring serious abuse as equals in God’s eyes. At one large sire that we as Americans understand and then often becoming abusers them- gathering of youth, the faithful and share. I look forward to working selves. These young men and women, chanted, ‘‘We love you; we love you.’’ with my colleagues in Congress and too, will need support and assistance to When they quieted, the Pope humbly with President Yushchenko to help find their way back on a path toward responded, ‘‘I love you more.’’ He also nurture the flame of democracy that the futures they once dreamed of as inspired open communication among has started to burn so brightly in children. the world’s faiths, as the first Pope to Ukraine. I hope that soon the people of enter the main Jewish synagogue in f Zimbabwe will be given a chance to Rome and the first to enter a mosque. freely express their will in a genuine When he was selected to be the LOCAL LAW ENFORCEMENT democratic process that is free from church’s 264th Pope, his first words to ENHANCEMENT ACT OF 2005 manipulation, intimidation, and coer- the public were: ‘‘Be not afraid.’’ In- Mr. SMITH. Mr. President, I rise cion. As we prepare ourselves to be deed, Pope John Paul II taught people today to speak about the need for hate good partners to the people of around the world they need not fear crimes legislation. Each Congress, Sen- Zimbabwe when change finally does those who try to oppress, nor fear those ator KENNEDY and I introduce hate come, we must also take a hard look at who might be different. As the world crimes legislation that would add new the disappointing passivity of leaders mourns his passing, we all should try categories to current hate crimes law, in many southern African states who to heed his words. sending a signal that violence of any have failed to speak and act in support f kind is unacceptable in our society. of basic human rights and the rule of Likewise, each Congress I have come to law in their own neighborhood. These PRESIDENT VIKTOR the floor to highlight a separate hate decisions raise real doubts about the YUSHCHENKO’S ADDRESS TO crime that has occurred in our coun- commitment of these regional leaders CONGRESS try. to democracy, and over the long term, Mr. DURBIN. Mr. President, today, On March 1, 2005, a man was found these failures threaten the prospects Viktor Yushchenko, President of murdered in Daly City, CA. The victim, for stability and prosperity throughout Ukraine, addressed a joint meeting of who was dressed in women’s clothing, the region. South Africa, with its pain- the United States Congress. I was hon- was found with multiple stab wounds ful history, its tremendous promise, ored to be part of the committee that to his chest and abdomen. Police have and its special moral authority, might escorted President Yushchenko into identified gender identity and sexual have been a powerful protector of the the House Chamber. orientation as possible motives. rights of the people of Zimbabwe. In- President Yushchenko’s courage and I believe that the Government’s first stead, South Africa’s leadership has commitment to democracy have in- duty is to defend its citizens, to defend chosen, time and again, to sweep re- spired thousands of people in Illinois, them against the harms that come out pression and abuse in Zimbabwe under and millions more in this country and of hate. The Local Law Enforcement the rug and to lend support to a bul- throughout the world. In Illinois, we Enhancement Act is a symbol that can lying President who would rather de- have a sizable Ukrainian-American become substance. I believe that by stroy his own country than accept the population, particularly in Chicago. passing this legislation and changing rule of law and let real power rest with My son lives in a section of Chicago current law, we can change hearts and the Zimbabwean people. This South Af- known as Ukrainian Village, and soon minds as well. rican choice is perhaps one of the after President Yushchenko’s election, f greatest disappointments of all. the neighborhood was covered with or- The people of Zimbabwe have suf- ZIMBABWE ELECTIONS ange ribbons in celebration. fered through years of economic and Yesterday, President Yushchenko Mr. FEINGOLD. Mr. President, I rise political catastrophe. Those of us who and his wife, Kathy Chumachenko- to express my concern regarding the have watched this decline feel tremen- Yushchenko, a native of Chicago, vis- recent election in Zimbabwe, which se- dous frustration and real sadness as we ited the Windy City. I am glad they cured sweeping powers for the ruling observe what has happened to their had the chance to experience our Illi- ZANU–PF party. These results come as country. But we must not surrender to nois hospitality during their brief trip no surprise. In addition to reported hopelessness, and we must not give up. to the United States. irregularities on voting day itself, the I continue to be deeply moved by the Just last month, I traveled to ruling party had waged a campaign of bravery and patriotism of Zimbabwean Ukraine as part of a bipartisan con- intimidation, coercion, and institu- citizens who resist the state’s repres- gressional delegation. There, I met tional manipulation well in advance of sion, even at enormous personal cost. with President Yushchenko and mem- the balloting in order to ensure vic- The United States must remain com- bers of his government, and had the tory. mitted to working with them to ensure chance to see for myself a nation newly Last month I joined Senator MCCAIN that the people of Zimbabwe succeed in aglow in the light of democracy. in writing to Secretary Rice, urging their fight for freedom and genuine de- The story of President Yushchenko’s her to reaffirm the United States com- mocracy. election as the President of Ukraine is mitment to supporting genuine demo- f a story of great personal courage. It is cratic processes and institutions in a story of the power of democratic val- that troubled country. The U.S. needs a BOY SCOUTS ues and ideals. It is a story of what can post-election strategy in Zimbabwe for Mr. INHOFE. Mr. President, I rise be accomplished by individuals, united supporting civil society, encouraging today to honor an important institu- in peaceful protest against corruption, respect for civil and political rights, tion in America that has contributed cronyism, and unfettered power. and bolstering the forces fighting greatly to the quality of our youth and President Yushchenko was elected as against corruption. is very dear to my heart and the hearts President of Ukraine despite a powerful We also need to continue to plan for of many here—the Boy Scouts of Amer- array of opposing forces which, in pur- the future. Once Zimbabwe’s corrupt ica. suit of their ambitions, were willing to leadership finally released its grasp on For more than 90 years, the Scouts obstruct free assembly, free speech, power, the country will require sub- have supported our youth and helped and a free and fair democratic election. stantial international assistance to produce some of the best and brightest He ran for President at great risk to turn around its devastating economic leaders in our country—as many of my his own life. And he prevailed. decline and to rebuild institutions, colleagues can attest—and I believe we

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3272 CONGRESSIONAL RECORD — SENATE April 6, 2005 must reaffirm our support for the vital ety. We should seek to aid, not impede, suffer from preventable and treatable work they have done and continue to groups that promote values like duty health problems such as diabetes, high do. Like many of my friends here, I was to God and country, faith and family, blood pressure and heart disease. a Boy Scout many years ago. and public service and sacrifice, which Americans can prevent and treat many As a result of the great work they do, are deeply ingrained in the oath of of the common health problems that I am pleased to be an original cospon- every scout. hinder the enjoyment of later years if sor of S. 642, the ‘‘Support Our Scouts To fail to support such values would they have access to affordable health Act of 2005’’, a bill that reinforces our allow the very fabric of America, which care. strong commitment to the Boy Scouts. has brought us to this great place in I know that as I travel throughout In fact, I had at one time considered history, to be destroyed. introducing my own bill on this very Wisconsin, speaking to seniors’ groups Today, with more than 3.2 million and individuals, I often hear their con- important matter. However, I was so youth members, and more than 1.2 mil- pleased with the substance of this bill cerns about the rising costs of health lion adult volunteers, we can certainly care and prescription drugs. As the that I was proud to add my name as a say that the Boy Scouts of America cosponsor, and I thank my leader, Sen- lead Democrat on the Senate Special has positively impacted the lives of Committee on Aging, I am committed ator FRIST, for his efforts on this issue. generations of boys, preparing them to This bill addresses efforts by some to protecting seniors’ access to quality be men of great character and values. health care and I am committed to groups to prevent federal agencies from Remarkably, Boy Scout membership supporting our Scouts. This bill would making sure that Medicare is preserved since 1910 totals more than 110 million. as a vital health program for seniors. remove any doubts that Federal agen- I am proud to report that in Okla- cies can welcome Scouts and the great homa we have a total youth participa- One of the key components to living work they do from camping on Federal tion of nearly 75,000 boys, and in Okla- longer, healthier lives is access to life- property to hosting the national jam- homa City alone, we have about 7,000 saving prescription drugs. I have long boree every 4 years at Fort A.P. Hill. adult volunteers. been concerned about the high cost of As Senator FRIST has said, this legis- These young men have helped serve prescription drugs, which can make it lation will specifically ensure that the communities all over our State with hard for Wisconsinites to afford the Department of Defense can and will programs like Helping Hands for He- medicines they need to stay healthy. continue to provide Scouts the type of roes, program where Scouts help mili- Today, Americans pay substantially support it has provided in the past. tary families whose loved ones are higher prices for the same medicines Moreover, the Scouts would be per- serving overseas. These young men that are far less expensive in many mitted equal access to public facilities, have cut grass, cleaned homes, taken other countries. It is not fair to ask forums, and programs that are open to out the garbage and walked dogs. What Americans to pay higher prices for the a variety of other youth or community a great service for our soldiers, sailors, same medicines that cost a fraction of organizations. airmen, and marines and their fami- the price in other countries. That is Regrettably, as we all know, in re- why I support legislation to allow cent years, the Boy Scouts have come lies. Our Boy Scouts have also to served as ushers and first aid respond- Americans to take advantage of lower under attack from aggressive liberal drug prices found in other countries by groups blatantly pushing their own so- ers at the University of Oklahoma foot- ball games for more than 50 years. legalizing the importation of FDA-ap- cial agendas. proved drugs from other countries. I In particular, Scouts have been the Notably, Scouts in my State have also support legislation to change a target of lawsuits by organizations also shared a long and proud history of troublesome feature of the new Medi- that are more concerned with pushing cooperation and partnership with mili- care prescription drug law that pro- these liberal agendas than sincerely tary installations in Oklahoma. hibits the Government from utilizing helping our youth. Given all this, I hope my colleagues For instance, the Federal govern- will join me in defending this organiza- the tremendous purchasing power of ment is currently defending a lawsuit tion and others like it. We must not be the Medicare Program to reduce prices. aimed at severing traditional ties be- afraid to support our youth and organi- I am also concerned about the rising tween the Boy Scouts and the Depart- zations like the Boy Scouts that sup- premiums seniors are facing in the ments of Defense and Housing and port them. Medicare Program. In addition to low- Urban Development. f ering the cost of prescription drugs, I What is more, Scouts have been ex- LIVING STRONGER, LONGER will also continue to fight inefficien- cluded by certain State and local gov- cies in Medicare and work to make ernments from utilizing public facili- Mr. KOHL. Mr. President, I rise Medicare affordable and fair for all ties, forums and programs, which are today to recognize National Public Wisconsin seniors. open to other groups. Health Week and its important theme of ‘‘Living Stronger, Longer.’’ Today, But there also benefits that are It is certainly disappointing and, available through Medicare that sen- frankly, frustrating that we have seniors are leading active and healthy lifestyles unmatched by previous gen- iors simply are not utilizing. In fact, reached a point where groups like the one in three older Americans do not ACLU are far more interested in tear- erations. They are working longer, eat- ing better, and utilizing medical ad- get all recommended screenings. In ing down great institutions like the Wisconsin, only 44.4 percent of men and Boy Scouts than helping foster char- vances that detect and treat illnesses before it is too late. But as our aging 40.6 percent of women 65 and older are acter and values in our young men. getting the selected preventive services I am tired of these tactics. It is very population doubles within the next dec- provided, recommended, and covered disturbing to me that these groups un- ade, new challenges await us in ensur- by Medicare. We need to encourage abashedly attack organizations, re- ing that supply can meet an increasing seniors to take advantage of the oppor- gardless of the good they do or the sup- demand. tunities that are available to take the port they have from the vast majority This week marks the 10th Annual Na- steps necessary to stay strong and of Americans, simply to further their tional Public Health Week, focusing on healthy longer. own subjective social agendas. Living Stronger, Longer. I am proud to I for one, am saddened that the Boy join the organizations involved that We are lucky enough to live in the Scouts of America has been the most advocate for seniors every day and most medically and economically ad- recent target of these frivolous law- bring vital issues to the forefront dur- vanced country in the world, where we suits. I reject any arguments that the ing this week-long public information have the ability to protect our citizens, Boy Scouts is anything but one of the campaign promoting long and healthy prevent illness and disease, and plan greatest programs for character devel- lives for all Americans. ahead for a more prosperous future. opment and values-based leadership Public health advancements and new There is work to be done, but as long as training in America today. treatment options are enabling Ameri- we can work together, solutions can be We must coalesce around those val- cans to live longer and longer, but obtained and Americans’ quality of life ues that are so important to our soci- many older Americans still continue to improved for generations to come.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3273 RETIREMENT OF PROFESSOR Wertheimer, who is the John G. ly 300 pages of tricky cases and complicated ALAN WERTHEIMER McCullough Professor of Political Science to theories. Can a retarded person truly consent his colleagues and ‘‘Big Al’’ to his honors to sex? A coerced one? Someone deceived, Mr. LEAHY. Mr. President, Vermont students (offering another data point on the egregiously or subtly? Someone drunk? And is a State filled with extraordinary contingency of height), is ending his 37-year those scenarios are only the beginning. people who lead extraordinary lives. career at the University with a beginning: Wertheimer doesn’t present a grand the- We take great pride that despite our Along with philosopher Don Loeb, ory, an overarching vision, a huge program modest geographical size, Vermont pro- Wertheimer, who is retiring at the end of for social change. That’s not his style. In- duces people whose voices, commit- this academic year, developed a two-semes- stead, he offers a lot of thorough discussion ment and accomplishments transcend ter course in ethics that all 90 students en- of complicated cases, and some focused theo- our borders and leave a lasting impact rolled in the new Honors College are taking. ries for hashing through them. This is not to (See ‘‘Your Honor,’’ below.) The idea is to say that the book lacks moral vision, how- on the world in which we live. provide these talented first-year students, a ever. Wertheimer’s philosophical peregrina- Later this spring, one such diverse group of future environmental engi- tions leave him convinced that sexual decep- Vermonter will be moving on to a new neers, doctors, English teachers, and soft- tion, a matter largely ignored by the law, chapter in his life. Professor Alan ware developers, a shared intellectual experi- needs to be taken more seriously. Why Wertheimer, the John G. McCullough ence that cuts across every academic dis- should the law say so much about commer- Professor of Political Science at the cipline and profession. cial deceits, when dollars are at stake, and University of Vermont, will be retiring But the universal applicability of ethics— so little about sexual lies, which cost so after over 35 years of teaching. we all, after all, have strong notions of right much emotionally? Professor Wertheimer is a distin- and wrong, fair and unfair, whether to hand Lawyers like to say that ‘‘hard cases make bad law,’’ and they well may, but guished scholar, having authored a back the overpriced grocery store’s mis- counted change or keep it—is also a poten- Wertheimer’s gifts for sustained, precise and number of highly acclaimed books. He tial trap, at least if you’ve got a group of 15 dispassionate analysis at least makes them has taught thousands of students over very young, very bright, and very vocal stu- into compelling theories. The books that the years, including many members of dents. Loeb puts it this way: ‘‘When you Wertheimer built his intellectual reputation my staff. He has been active in the af- teach particle physics, nobody tries to come with, Coercion and Exploitation, take simi- fairs of the university and the commu- in with equally valid opinions on whether larly knotty philosophical areas and me- nity. His wife Susan and their children mesons have mass.’’ Ethics is different: thodically think through them in ways that have been by his side every step of the whether or not protestors should mass in- are useful to political theorists, philoso- phers, and lawyers. More than useful: One re- way. spires more passionate opinions than the properties of sub-atomic matter. viewer said of Exploitation that ‘‘no one in- The role of scholars in shaping our But in the Honors College, emoting is not terested in the topic will be able to ignore society has been debated for thousands thinking. Opinion is not analysis. Instruc- this classic work.’’ Wertheimer’s scholarly of years. Professor Wertheimer leaves tors need to spark a lively discussion (gen- appeal, says his colleague Robert Pepperman in his wake a whole generation of stu- erally an easy task with this crowd, even Taylor, a fellow political science professor dents who he helped grapple with some when the subject is Plato’s Crito), but also and dean of the Honors College, comes down of the most difficult and complex polit- to manage it, keeping the conversation to the clarity and rigor of his approach. ical and philosophical questions of our aligned with the readings, and helping mem- ‘‘These are issues which people tend to wax time, in a relevant, provocative and bers of the class interrogate their class- rhetorical about, but Al brings his extremely mates’ ideas, and their own. Voicing your clear analytical mind to bear on problems memorable style. thoughts is great; defending them well is that can raise a lot of heat, a lot of passion, We in Vermont owe an enormous something else entirely. Something better. a lot of rhetoric,’’ Taylor says. ‘‘He insists debt to Professor Wertheimer. He chose And putting logic into opinions is where that we speak clearly about these things and to grace our State university with his Wertheimer’s teaching excels. understand them clearly.’’ presence for his entire academic ca- The professor proffers another statement Wertheimer’s career, unlike his writing reer. Thousands of Vermonters and stu- to the class, ‘‘It is not wrong to download and thinking, hasn’t always taken the clear- dents from all over the country and the music even if it violates the law.’’ The stu- est and most logical path from point A to B. world have had their lives enhanced by dents are supposed to reply true, false, or The professor, in fact, attributes many of his professional breakthroughs to good fortune; his dedication and scholarship. don’t know, but once again, a statement quickly morphs into an interrogatory and a fellowship at Princeton led to his first I ask unanimous consent that a re- the discussion surges. Passions rise—was book, a semester spent teaching law at the cent article in the Vermont Quarterly that a telltale flash of porcelain iPod University of San Diego contributed to his about Professor Wertheimer be printed earbuds in the messenger bag across the latest book. Now, after stepping down from in the RECORD. table?—as the first-years come to a some- his full-time duties at UVM, Wertheimer will There being no objection, the article what sheepish consensus: when it comes to spend a year at the National Institutes of was ordered to be printed in the illegally downloading music, fine, true, cool. Health, working on issues of coercion and RECORD, as follows: Wertheimer winces. It is early in the semes- consent in medical research. ‘‘Things happen,’’ he says. ‘‘Truth be told, WHAT DOES PROFESSOR WERTHEIMER THINK? ter, after all. (Or was that a smile?) The sem- inar soon rumbles on to categorizing a state- that’s the story of a lot of my career—any- (By Kevin Foley) ment about the existence of God. The group body’s career—things happen. Each oppor- Bright as they are, try as they will UVM’s opinion here, just barely, is ‘‘don’t know.’’ tunity led to new opportunities. I suppose first class of Honors College students can’t Questions, questions, questions. But few it’s true that the rich get richer; and, while always figure that one out, but they just answers from Wertheimer: none today, in I’m not exactly rich, I have gotten intellec- might learn to define and defend their own fact. At a different time, in the more relaxed tually richer.’’ thoughts in the process. Inside the Honors confines of his corner office on the top floor SHARING THE WEALTH Ethics Seminar, where a college’s debut is of Old Mill, the professor sits under a Chi- In casual conversation, Wertheimer is ge- sparked by a venerable professor’s swan cago Art Institute poster depicting a bright nial and amusing, fairly soft-spoken, prone song. horseracing scene, and explains why. to answer questions after one of the Alan Wertheimer’s method is the question, ‘‘The job is not to answer the question,’’ he stretches of contemplation that make him a and right now, as a high-wattage October sun says. ‘‘It’s to get them to think about it formidable bridge player. In the classroom, pours in and illuminates the buttery walls of more rigorously.’’ his Allen House honors college seminar he’s loud and kinetic (‘‘I think he shocks the room, the question is this: ‘‘Is Alan AN ORDERLY MIND kids a little,’’ a colleague says, ‘‘because he Wertheimer tall?’’ The method is the question: Reading Con- is passionate—very passionate—about things Well, no, not in modern-day America. But sent to Sexual Intercourse, Wertheimer’s that maybe they never know anyone cared in the 18th century? Among the diminutive most recent book and a tome far less racy about’’) as he explores and tests his students’ Bayaka, a Central African pygmy tribe? than its title might imply, illustrates the logic. Among political theorists, where power of carefully chosen, interlocking que- ‘‘To make a class of the kind I teach go Wertheimer cuts a large figure because of ries. With a characteristic intellectual flip, well, you need at least four or five articu- decades of work illuminating crucial con- Wertheimer’s discussion is not so much late, bright students,’’ Wertheimer explains. cepts in ethics and law like coercion? Who is about the obvious ‘‘when does no mean ‘‘One or two isn’t enough: You need a critical to say? Perhaps Wertheimer, who goes about no?’’—that’s morally clear, he thinks, or mass. If you have that, you get the others five-seven in his teaching clogs, really is should be—but when does yes really mean going.’’ tall. yes. In the honors seminar, Wertheimer has his But there’s no time for that now. The pro- Think about that: when does yes really requisite fluent five and then some, and fessor has moved on to another proposition, mean yes? It can make your skull vibrate, while the discussions are lively, the con- another question. even before the professor launches into near- versation isn’t always totally satisfying for

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3274 CONGRESSIONAL RECORD — SENATE April 6, 2005 the students. As the class spent a fall semes- of the program say, their debates, excite- speakers and artists from around the ter wrestling with abortion, inheritance, ment and activities will enrich the entire world. In the classroom, the college’s Plato, and the war in Iraq, their frequent academic atmosphere of campus. new ‘‘Centers for Excellence’’ focus on tendency was to try to gauge what Big Al, It works like this: The campus-wide Hon- the role of women in such diverse fields the compact seer in the front of the room, ors College accepts about 100 of the most thought. But after nearly 40 years of under- gifted first-year students enrolling at the as public policy, spirituality, and graduate teaching, Wertheimer is wily about University, regardless of major, and throws health. concealing his personal views behind a So- them together for a intense program of so- Annually, the College of St. Cath- cratic screen when it suits his pedagogical cial events, a two-semester in-depth seminar erine graduates more nurses than any purposes. class (for now, the ethics course developed by other college or university in Min- First-year honors student Kevin Ohashi, an Wertheimer and Loeb), special lectures from nesota. It is second only to the much electric-haired computer jock who spent his big-name intellectuals and, in most cases, larger University of Minnesota in the last two years of high school in Kathmandu, living on an all-honors floor at Harris/Millis. number of public school teachers it has says that sphinx-like quality drove some of By 2007, as successive classes enroll, the educated and placed in the State’s cap- his classmates nuts. ‘‘Professor Wertheimer program will grow to encompass about 700 students (sophomores can apply for admis- ital city of St. Paul. loves to play the devil’s advocate,’’ Ohashi Along with all of the Minnesotans says. ‘‘In class he would take the side that sion; college organizers wanted to give stu- most people weren’t on and propose a hypo- dents who don’t catch fire academically whose lives have benefited from the thetical situation that started tilting things until they reach UVM a chance to partici- talents, professionalism, and leader- his way, and then he might switch again. I pate in the program, which includes perks ship of St. Catherine’s outstanding thought it was great.’’ like priority class scheduling), supporting graduates, I would like to say thank Ohashi says that the result of all those and extending existing college-level honors you. The College of St. Catherine’s hours of discussion, at least for him, wasn’t programs. Down the line, honors students commitment to the highest standards a messenger bag full of new ideas or a will live in the new $60 million University of academic excellence and social re- changed sense of moral purpose. Instead, in Heights Student Residential Learning Com- sponsibility have enriched the lives of plex, creating a Harvard or Oxford-style conversations with friends from the honors its students and its State’s citizens for floor and elsewhere, he has over time found ‘‘residential college.’’ a century. I congratulate the faculty, himself defending his old ideas with more SIDEBAR 2 staff, alumnae, and students of the Col- confidence and care. Ohashi’s experience A Teacher’s Tribute echoes a theme common in letters from lege of St. Catherine on their 100 years On April 15, a daylong symposium in Old Wertheimer’s former students: They often of excellence. I know that they will Mill will celebrate Alan Wertheimer’s intel- say things like ‘‘I never knew what it meant lectual life in a manner befitting the man. continue their great tradition for the to think through a problem before.’’ Instead of gold watches and encomiums, next 100 years.∑ INTELLECTUAL ATMOSPHERE judges, politicians and scholars will gather f The professor got involved with creating for a program on ethics in public life. The the inaugural honors seminar (hardly a re- event will feature former Vermont Gov. Mad- IN HONOR OF THE MIRACLE laxed way to spend one’s last year before re- eleine Kunin; Vermont Supreme Court Asso- LEAGUE tirement) because his experiences on the ciate Justice John Dooley; and Harvard Uni- ∑ Mrs. BOXER. Mr. President, I take UVM faculty and as a UVM parent left him versity’s Arthur Applebaum, Dennis Thomp- this opportunity to recognize the Mir- convinced that the campus needed a more in- son, and Nancy Rosenbaum. The discussion acle League, an organization dedicated tellectual culture. will range from Iraq to judicial activism and to providing opportunities for all chil- If we’re successful, we’ll have created an gay relationships to presidential campaign dren to play baseball, regardless of intellectual environment,’’ he says. ‘‘We ethics. All events are free and open to the toyed with the idea of having some variation public; and, of course, Professor Wertheimer their abilities. in content between sections of the first-year will be there doing what he does, asking In 1997, Coach Eddie Bagwell of the seminars, but we dropped that, precisely so questions, listening closely, weighing argu- Rockdale Youth Baseball Association that people can engage in a common experi- ments, thoughtfully negotiating the tricky in Atlanta, GA, noticed a young boy in ence.’’ philosophical waters of politics and life. a wheelchair on the sidelines at all of Honors students live together, study to- f the youth baseball team’s practices gether, and play together. But the honors ex- and games. The enthusiasm and excite- ADDITIONAL STATEMENTS perience operates in quieter, more personal ment that this boy had for baseball was ways as well. Rahul Mudannayake, a first- inspiring and it was then that Coach year pre-med honors student from Sri Lanka, says that some of the class readings CENTENNIAL CELEBRATION OF Eddie realized that youth with disabil- and discussions have haunted him, especially THE COLLEGE OF ST. CATHERINE ities ought to have the same opportuni- ties as others to play ball. a particular essay by the famous Princeton ∑ Mr. DAYTON. Mr. President, I rise philosopher Peter Singer. In the essay, ‘‘Rich In 1988, Coach Bagwell formed the and Poor,’’ Singer outlines the vast discrep- today to offer my heartfelt congratula- Miracle League, a youth baseball ancies between wealth and poverty in the tions to the College of St. Catherine, in league designed to allow children of all world, and insists that the wealthy have an St. Paul, MN, on the celebration of its abilities to participate in our Nation’s obligation to assist. (Singer also visited centennial year. St. Catherine is our favorite pastime—baseball. The league campus to speak and meet with students in country’s largest Catholic college for started with 35 children. The following the class.) After the end of the fall semester, women. Its numerous academic year, the number more than doubled, Mudannayake went home to Sri Lanka, just achievements would be impressive for a with 80 children clamoring to join a before the tsunami struck and devastated college of any size, but for an institu- the country’s coastal areas. The student did team. Since the Miracle League was what he could, helping to ferry food and tion with fewer than 5,000 students, breaking new ground, it came up with medicine to affected regions in the days such accomplishments are downright five rules to play by: every player bats after the tragedy, but the calamity made the spectacular. once each inning; all base runners are ethical arguments he heard in the seminar, Since its founding 100 years ago, the safe; every player scores a run before especially Singer’s, immediate. College of St. Catherine has expanded the inning is over (last one up gets a ‘‘The class has stayed with me in my life,’’ its student body from high school and home run); community volunteers Mudannayake says. ‘‘Spending a $1.50 here lower division college students to in- serve as ‘‘buddies’’ to assist the play- on a bottle of soda is difficult, considering clude associate, bachelor’s and grad- what I read, what I saw in Sri Lanka. The ers; and each team and each player way I spend my money now is totally dif- uate degree candidates in more than 60 wins every game. ferent, and Wertheimer and Singer are part fields. In 1937, St. Catherine became As word spread quickly, Miracle of that.’’ the first Catholic college to be awarded League baseball teams were started And here is where Al Wertheimer’s ques- a chapter of the national honor soci- across the country. In my home State tions finally end with an answer: A student ety, Phi Beta Kappa. of California, there are now four Mir- thinking through the issues and making a Today, the College of St. Catherine acle League teams: in Belmont, West- personal choice, arrived at with rigor. continues to distinguish itself as a minster, Ventura County, and Visalia. SIDEBAR 1 leading institution for women’s edu- Nationwide, there are more than 50 Your Honor cation. Its ‘‘Women of Substance’’ se- Miracle League teams. Students at the University’s newest col- ries features lectures and performances I commend the Miracle League for its lege live and learn together and, proponents of theatre, music, and dance by female philosophy that ‘‘Every Child Deserves

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3275 a Chance to Play Baseball.’’ As the through the South, especially through tribution of Delta Group Electronics Miracle League begins its Spring 2005 my hometown on LBJ’s train, I knew and Canberra Aqulia of Albuquerque, season, I send my best wishes for a fun Bill was giving me, this political NM, and New Mexico State University and exiting season. Play Ball!∑ science major, an unmatchable learn- to ongoing efforts to protect our serv- f ing experience and I was right. I took ice men and women from improvised in every single moment, watching and explosive devices, IEDs, in Iraq. TRIBUTE TO WILLIAM learning as the Johnson campaign One of the greatest threats to our McWHORTER COCHRANE rolled along all over the South and military personal deployed in the glob- ∑ Mrs. DOLE. Mr. President, North through my hometown of Salisbury, al war on terrorism is the IED. These Carolina lost a loyal son and a devoted NC. devices used by terrorists and insur- public servant when William On the train I met both LBJ and his gents in Iraq are the single greatest McWhorter Cochrane died in Charlotte gracious wife, Lady Bird. Those excit- cause of American casualties. These re- at the end of December. Bill dearly ing days on the LBJ express were a mote controlled bombs are used to at- loved his home State and was often re- blur of cheering crowds, speeches and tack American forces individually and ferred to as ‘‘North Carolina’s third yellow roses that surely ignited my al- as part of larger assaults on patrols Senator.’’ He was a man of great ready burning interest in politics. I and convoys. knowledge from whom I learned so will forever be grateful to Bill for that While the up-armoring of military much over the span of many years, and experience. vehicles has provided a partial solution I feel certain that folks who knew him Senator Jordan chaired the Senate to the problem of combating IEDs, a agree that his kindness was abundant Rules Committee for many years, but better solution is to prevent IEDs from and his accomplishments were endless. when he lost his Senate seat in 1972, exploding at all. The IED counter- Bill attended the University of North Bill was appointed staff director and measures equipment, ICE, being fielded Carolina Chapel Hill, earning a bach- majority counsel of the committee. He by the U.S. Marine Corps in Iraq is de- elor’s degree in journalism in 1938 and held that position from 1972–80; from signed to accomplish this goal. ICE a law degree in 1941. Upon graduation, 1981–86 he was minority staff director will jam the radio signal which is used he served as the assistant director of to the committee, and from 1987 to 1994 to detonate many of these devices. the UNC Institute of Government. In he served as senior advisor. For 20 Delta Group Electronics and Can- 1941, he joined the U.S. Naval Reserve years he was staff director of the Joint berra Aquila are an integral part of and in 1942, he was called to active Committee on Presidential Inaugurals, making ICE available to our soldiers in duty and served aboard the mine- directing the inaugurations of Presi- Iraq. Aqulia Technologies Group Inc. sweeper USS Improve off the Mediterra- dents Richard Nixon, Jimmy Carter, has been located in New Mexico since nean coast. He then returned to the and Ronald Reagan. 1971. Delta Group Electronics has been UNC Institute of Government. In 1950, For 30 years he served on the staff of operating since 1987. he earned an advanced law degree from the Joint Committee on the Library, These companies have been instru- Yale University and became an asso- and in 1995, James Billington the Li- mental in delivering ICE to our Armed ciate research professor of public law brarian of Congress, named Bill hon- Forces in Iraq at one-third the cost of and government at UNC. orary historical consultant to the Li- previous IED countermeasure systems. In 1954, when Kerr Scott was elected brary of Congress. Dr. Billington said I thank them for helping to insure that to the Senate, Bill moved to Wash- of Bill’s service to the library, ‘‘Bill our brave soldiers fighting the global ington and served as Senator Scott’s Cochrane was one of the most knowl- war on terror are safer from these executive secretary and legal counsel edgeable, wise and devoted public serv- kinds of attacks. I have no doubt that until the Senator’s death in 1957. Bill ants I have had the pleasure of know- both of these companies in the future always insisted that he intended to re- ing. In a career that spanned three dec- will continue to contribute signifi- turn to North Carolina, having origi- ades, as the senior staffer, institutional cantly to the national security of our nally told Senator Scott that he would memory, and conscience of the Joint great Nation.∑ stay for only one year. But, B. Everett Committee on the Library and the Sen- Jordan, appointed as Scott’s successor, ate Committee on Rules and Adminis- f urged Bill to stay on in Washington. He tration, Bill was involved in every RWANDAN GENOCIDE did so and served as Senator Jordan’s major library initiative, including the ∑ Mr. FEINGOLD. Mr. President, today administrative assistant for the next 14 construction of the Madison Building, marks the 11th anniversary of the start years. the renovation of the Jefferson and of the Rwandan genocide of 1994. Elev- Through the years, countless North Adams Buildings, and an architect of Carolinians made their way to the Rus- en years ago, a deliberate, centrally smooth transitions from one Librarian planned, and organized campaign of sell Building. Those seeking informa- of Congress to the next. His affection mass murder and rape was set in mo- tion, advice or a job, found Bill in his for the library and his long record of tion in Rwanda, and eventually it took office piled high with documents, cop- support for its mission and programs the lives of some 800,000 men, women, ies of the CONGRESSIONAL RECORD, me- were unparalleled and will be long re- and children. The victims were ethnic mentos of presidential inaugurations, membered.’’ and thousands of index cards. At the Bill’s long and valued service to this Tutsis and also moderate ethnic Hutus service for Bill in Chapel Hill, many of body and to his home State speak to a who believed in tolerance and resisted those who spoke told of the wise coun- remarkable dedication and devotion for the call to participate in madness. In sel Bill provided and of his help in find- which Bill was admired and respected many ways, the entire country was vic- ing a position here in Washington. I by all those who knew him. It is fitting timized. Millions were displaced, and count myself among those when, as a that at this time, we in the Senate rec- shattered state institutions are still re- young woman, I first came to Wash- ognize and remember his service. We covering from the devastating loss of ington and received Bill’s advice and will surely miss this wise and caring skilled personnel. Survivors have counsel. man, wearing his bow tie and smoking struggled to cope with their memories, During the summer of 1960, I worked his pipe. and orphans have had to assume adult in Senator Jordan’s office as a summer Our thoughts and prayers are with responsibilities in the wake of tragedy. employee. Knowing that first-hand his- his wife, Shirley, and sons, William The entire central African region has torical experiences are much treasured Daniel Cochrane and Thomas been violently unstable ever since. by young people, Bill helped me get a McWhorter Cochrane.∑ As this horror unfolded, the inter- national community, including the front-row ticket to my first national f campaign. Because of Bill, I was able to United States, failed the people of join onboard Democratic Vice-Presi- NEW MEXICAN CONTRIBUTION TO Rwanda, and failed to act in the face of dential nominee Lyndon B. Johnson’s IED COUNTERMEASURES EQUIP- true evil. The world had said ‘‘never whistle stop tour of the South. MENT IN IRAQ again’’ to genocide. And then we aban- Although my staunchly Republican ∑ Mr. DOMENICI. Mr. President, I rec- doned the people of Rwanda to an un- father was concerned about my riding ognize and praise the outstanding con- speakable national nightmare.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3276 CONGRESSIONAL RECORD — SENATE April 6, 2005 Even as the world marks this solemn all dissent is dangerous or divisive, and Products to the United States’’ (Docket No. anniversary, we read ongoing reports of history teaches us that imposing order 99–018F) received on March 18, 2005; to the the crisis in Darfur, Sudan—a crisis alone is not enough to guarantee sta- Committee on Agriculture, Nutrition, and Forestry. that our President and this Congress bility and security. Over the long run, EC¥1493. A communication from the Prin- has called a genocide. Once more, we suppression and intimidation can un- cipal Deputy Associate Administrator, Office confront a reality that exposes the in- dermine security rather than pro- of Policy, Economics, and Innovation, Envi- adequacy of our pledges of ‘‘never tecting it, forcing healthy debates into ronmental Protection Agency, transmitting, again.’’ And many will seize the anni- illicit channels, and casting doubt on pursuant to law, the report of a rule entitled versary of the Rwandan tragedy to the legitimacy of the prevailing order. ‘‘Thiophanate-methyl; Pesticide Tolerances rally support for more effective action We fail to be true friends to the people for Emergency Exemptions’’ (FRL No. 7699–3) in Darfur, where the international re- received on March 24, 2005; to the Committee of Rwanda when we fail to be honest on Agriculture, Nutrition, and Forestry. sponse has too often been sluggish and about these issues, and to raise our EC¥1494. A communication from the Prin- inadequate. voices in support of the civil and polit- cipal Deputy Associate Administrator, Office In the case of Darfur, the United ical rights of the Rwandan people. of Policy, Economics, and Innovation, Envi- States has spoken boldly. Our humani- As we remember the past today, we ronmental Protection Agency, transmitting, tarian response, though slow to gear should resolve to pay close attention to pursuant to law, the report of a rule entitled up, is significant and commendable. the present. The people of Rwanda de- ‘‘Mesotrione; Pesticide Tolerance’’ (FRL No. The efforts of the African Union are 7703–1) received on March 24, 2005; to the serve more than our regret. They de- Committee on Agriculture, Nutrition, and laudable. But the bottom line is that serve our support for their efforts to Forestry. neither the African Union nor the U.S. build a more just, more free, and more EC¥1495. A communication from the Prin- has taken effective action to protect secure future.∑ cipal Deputy Associate Administrator, Office the people of Darfur. While last week of Policy, Economics, and Innovation, Envi- f the United Nations Security Council ronmental Protection Agency, transmitting, made some progress on Darfur, much MESSAGES FROM THE PRESIDENT pursuant to law, the report of a rule entitled more remains to be done, and I do not ‘‘Dinotefuran; Pesticide Tolerance’’ (FRL Messages from the President of the No. 7695–5) received on March 24, 2005; to the believe that the United States has ex- United States were communicated to Committee on Agriculture, Nutrition, and erted adequate diplomatic and political the Senate by Ms. Evans, one of his Forestry. effort on behalf of the people of Darfur. secretaries. EC¥1496. A communication from the Prin- We ought to be able to do more—to be cipal Deputy Associate Administrator, Office more forceful, more focused, more in- f of Policy, Economics, and Innovation, Envi- novative, and more persuasive—to stop EXECUTIVE MESSAGES REFERRED ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled genocide. As in executive session the Presiding ‘‘Bacillus thuringiensis Modified Cry3A Pro- So I applaud those who will work to Officer laid before the Senate messages tein (mCry3A) and the Genetic Material Nec- refocus American attention on Darfur from the President of the United essary for its Production in Corn; temporary today, and I stand with them in their States submitting sundry nominations Exemption From the Requirement of a Tol- urgent call for a more effective re- erance’’ (FRL No. 7704–4) received on April 4, which were referred to the appropriate sponse. But today, of all days, we must 2005; to the Committee on Agriculture, Nu- committees. not forget Rwanda. We cannot pretend trition, and Forestry. (The nominations received today are EC¥1497. A communication from the Con- that Rwanda’s struggles are simply in printed at the end of the Senate pro- gressional Review Coordinator, Animal and the past, or that the country exists ceedings.) Plant Health Inspection Service, Department simply to serve as a cautionary tale. of Agriculture, transmitting, pursuant to The people of Rwanda still struggle f law, the report of a rule entitled ‘‘Agricul- today with efforts to rebuild their MESSAGE FROM THE HOUSE tural Bioterrorism Protection Act of 2002; country, with the devastating HIV/ Possession, Use, and Transfer of Biological At 3:14 p.m., a message from the AIDS pandemic, with the need for jus- Agents and Toxins’’ (RIN0579–AB47) received House, delivered by Ms. Niland, one of on March 24, 2005; to the Committee on Agri- tice and accountability, and broadly, its reading clerks, announced that the culture, Nutrition, and Forestry. with fear. And though it is true that House has agreed to the following con- EC¥1498. A communication from the Con- even the most conscientious policy will current resolution, in which it requests gressional Review Coordinator, Animal and never erase the failures of the past, it Plant Health Inspection Service, Department the concurrence of the Senate: is also true that we only compound our of Agriculture, transmitting, pursuant to mistakes when we ignore the realities H. Con. Res. 34. Concurrent resolution hon- law, the report of a rule entitled ‘‘Classical of Rwanda today. oring the life and contributions of Yogi Swine Fever Status of Mexican States of Bhajan, a leader of Sikhs, and expressing Frankly, some of these realities are Campeche, Quintana Roo, Sonora, and Yuca- condolences to the Sikh community on his tan’’ (APHIS Docket No. 02–002–2) received deeply disturbing. Crushing poverty passing. on March 28, 2005; to the Committee on Agri- characterizes the economic situation of f culture, Nutrition, and Forestry. far too many Rwandans, and serious re- EC¥1499. A communication from the Con- pression is a dominant feature of the MEASURES PLACED ON THE gressional Review Coordinator, Animal and country’s political life. The most re- CALENDAR Plant Health Inspection Service, Department cent State Department Human Rights of Agriculture, transmitting, pursuant to The following bill was read the first law, the report of a rule entitled ‘‘Karnal Report on Rwanda cites instances of and second times by unanimous con- Bunt; Regulated Areas’’ (APHIS Docket No. political disappearances, arbitrary ar- sent, and placed on the calendar: 04–118–1) received on March 28, 2005; to the rest of opposition supporters, and har- H.R. 3. An act to authorize funds for Fed- Committee on Agriculture, Nutrition, and assment of independent journalists. Ac- eral-aid highways, highway safety programs, Forestry. EC¥1500. A communication from the Con- cording to the report, last year the and transit programs, and for other purposes. government of Rwanda ‘‘effectively gressional Review Coordinator, Animal and dismantled independent human rights f Plant Health Inspection Service, Department of Agriculture, transmitting, pursuant to organizations’’ and the Government de- EXECUTIVE AND OTHER law, the report of a rule entitled ‘‘Commuted clined to use its considerable influence COMMUNICATIONS Travel Time’’ (APHIS Docket No. 04–108–1) with the RCD–G faction in Eastern The following communications were received on March 28, 2005; to the Committee Congo to effectively curtail that laid before the Senate, together with on Agriculture, Nutrition, and Forestry. EC¥1501. A communication from the Act- group’s practice of killing, raping, and accompanying papers, reports, and doc- robbing the people of Eastern Congo on ing Administrator, Agricultural Marketing uments, and were referred as indicated: Service, Fruit and Vegetable Programs, De- a massive scale. ¥ Of course the government of Rwanda EC 1492. A communication from the Act- partment of Agriculture, transmitting, pur- ing Administrator, Food Safety and Inspec- suant to law, the report of a rule entitled and the Rwandan people value order tion Service, Department of Agriculture, ‘‘Marketing Order Regulating the Handling and are extremely sensitive to eth- transmitting, pursuant to law, the report of of Spearmint Oil Produced in the Far West; nically divisive forces. Rwanda re- a rule entitled ‘‘Addition of Slovakia to the Salable Quantities and Allotment Percent- mains a traumatized society. But not List of Countries Eligible to Export Meat ages for the 2005–2006 Marketing Year’’

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3277 (FV05–985–1 FR) received on March 28, 2005; tember 30, 2004 from moneys appropriated to Branch, Internal Revenue Service, Depart- to the Committee on Agriculture, Nutrition, the Architect; to the Committee on Appro- ment of the Treasury, transmitting, pursu- and Forestry. priations. ant to law, the report of a rule entitled ‘‘Na- EC¥1502. A communication from the Act- EC¥1511. A communication from the Chief, tional Median Gross Income for 2005’’ (Rev. ing Administrator, Agricultural Marketing Office of Regulations Policy and Manage- Proc. 2005–15) received April 4, 2005; to the Service, Fruit and Vegetable Programs, De- ment, Veterans Benefits Administration, De- Committee on Finance. partment of Agriculture, transmitting, pur- partment of Veterans Affairs, transmitting, EC¥1522. A communication from the Act- suant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ing Chief, Publications and Regulations ‘‘Grapes Grown in a Designated Area of ‘‘Exclusions from Income and New Worth Branch, Internal Revenue Service, Depart- Southeastern California; Increased Assess- Computations’’ (RIN2900–AM14) received on ment of the Treasury, transmitting, pursu- ment Rate’’ (FV05–925–1 FR) received on April 4, 2005; to the Committee on Veterans’ ant to law, the report of a rule entitled March 28, 2005; to the Committee on Agri- Affairs. ‘‘April–June 2005 Bond Factor Amounts’’ culture, Nutrition, and Forestry. EC¥1512. A communication from the As- (Rev. Rul. 2005–16) received April 4, 2005; to EC¥1503. A communication from the Act- sistant Attorney General, Department of the Committee on Finance. ing Administrator, Agricultural Marketing Justice, transmitting, pursuant to law, a re- EC¥1523. A communication from the Act- Service, Fruit and Vegetable Programs, De- port relative to the Foreign Intelligence Sur- ing Chief, Publications and Regulations partment of Agriculture, transmitting, pur- veillance Act of 1978; to the Committee on Branch, Internal Revenue Service, Depart- suant to law, the report of a rule entitled the Judiciary. ment of the Treasury, transmitting, pursu- ‘‘Vidalia Onions Grown in Georgia; Increased EC¥1513. A communication from the Dep- ant to law, the report of a rule entitled ‘‘Des- Assessment Rate’’ (FV05–955–1 IFR) received uty Assistant Administrator, Office of Diver- ignated IRS Officer or Employee Under Sec- on March 28, 2005; to the Committee on Agri- sion Control, Drug Enforcement Agency, De- tion 7602(a)(2) of the Internal Revenue Code’’ culture, Nutrition, and Forestry. partment of Justice, transmitting, pursuant (RIN1545–BA89) received April 4, 2005; to the EC¥1504. A communication from the Act- to law, the report of a rule entitled ‘‘Elec- Committee on Finance. ing Administrator, Agricultural Marketing tronic Orders for Controlled Substances’’ EC¥1524. A communication from the Act- Service, Fruit and Vegetable Programs, De- (RIN1117–AA60) received on April 4, 2005; to ing Chief, Publications and Regulations partment of Agriculture, transmitting, pur- the Committee on the Judiciary. Branch, Internal Revenue Service, Depart- suant to law, the report of a rule entitled EC¥1514. A communication from the Gen- ment of the Treasury, transmitting, pursu- ‘‘Onions Grown in South Texas; Decreased eral Counsel, Office of Justice Programs, De- ant to law, the report of a rule entitled Assessment Rate’’ (FV05–959–1 FIR) received partment of Justice, transmitting, pursuant ‘‘Revenue Ruling: Suitable for Use’’ (Rev. on March 28, 2005; to the Committee on Agri- to law, the report of a rule entitled ‘‘Govern- Rul. 2005–19) received April 4, 2005; to the culture, Nutrition, and Forestry. ment-Wide Debarment and Suspension (Non- Committee on Finance. ¥ EC 1505. A communication from the Act- procurement) and Government-Wide Re- EC¥1525. A communication from the Act- ing Administrator, Agricultural Marketing quirements for Drug-Free Workplace ing Chief, Publications and Regulations Service, Fruit and Vegetable Programs, De- Grants’’ (RIN1121–AA57) received on March Branch, Internal Revenue Service, Depart- partment of Agriculture, transmitting, pur- 24, 2005; to the Committee on the Judiciary. ment of the Treasury, transmitting, pursu- ¥ suant to law, the report of a rule entitled EC 1515. A communication from Regu- ant to law, the report of a rule entitled ‘‘An- ‘‘Dried Prunes Produced in California; In- latory Specialist, Office of the Comptroller nouncement and Report Concerning Advance creased Assessment Rate’’ (FV05–993–1 FR) of the Currency, Department of the Treas- Pricing Agreements’’ (Announcement 2005– received on March 28, 2005; to the Committee ury, transmitting, pursuant to law, the re- 27) received April 4, 2005; to the Committee on Agriculture, Nutrition, and Forestry. port of a rule entitled ‘‘Interagency Guid- on Finance. EC¥1506. A communication from the Act- ance on Response Programs for Unauthorized ing Administrator, Agricultural Marketing Access to Customer Information and Cus- f Service, Fruit and Vegetable Programs, De- tomer Notice’’ (RIN1557–AC92) received on partment of Agriculture, transmitting, pur- April 4, 2005; to the Committee on Banking, REPORTS OF COMMITTEES suant to law, the report of a rule entitled Housing, and Urban Affairs. The following reports of committees ‘‘Marketing Order Regulating the Handling EC¥1516. A communication from the Regu- were submitted: of Spearmint Oil Produced in the Far West; latory Specialist, Office of the Comptroller By Mr. COCHRAN, from the Committee on Revision of the Salable Quantity and Allot- of the Currency, Department of the Treas- Appropriations, with an amendment in the ment Percentage for Class 3 (Native) Spear- ury, transmitting, pursuant to law, the re- nature of a substitute and an amendment to mint Oil for the 2004–2005 Marketing Year’’ port of a rule entitled ‘‘Community Rein- the title: (FV04–985–2 IFR–A2) received on March 28, vestment Act Regulations (Part 25)’’ H.R. 1268. Making emergency supplemental 2005; to the Committee on Agriculture, Nu- (RIN1557–AC86) received on April 4, 2005; to appropriations for the fiscal year ending trition, and Forestry. the Committee on Banking, Housing, and September 30, 2005, to establish and rapidly ¥ EC 1507. A communication from the Act- Urban Affairs. implement regulations for State driver’s li- ing Administrator, Agricultural Marketing EC¥1517. A communication from the Chief cense and identification document security Service, Fruit and Vegetable Programs, De- Counsel, Bureau of the Public Debt, Depart- standards, to prevent terrorists from abusing partment of Agriculture, transmitting, pur- ment of the Treasury, transmitting, pursu- the asylum laws of the United States, to suant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘31 unify terrorism-related grounds for inadmis- ‘‘Nectarines and Peaches Grown in Cali- CFR Part 351, Offering of United States Sav- sibility and removal, to ensure expeditious fornia; Revision of Handling Requirements ings Bonds, Series EE’’ received on April 4, construction of the San Diego border fence, for Fresh Nectarines and Peaches’’ (FV05– 2005; to the Committee on Banking, Housing, and for other purposes (Rept. No. 109–52). 916–1 IFR) received on March 28, 2005; to the and Urban Affairs. By Mr. INHOFE, from the Committee on ¥ Committee on Agriculture, Nutrition, and EC 1518. A communication from the Di- Environment and Public Works, without Forestry. rector, Office of Legislative Affairs, Federal amendment: ¥ EC 1508. A communication from the Act- Deposit Insurance Corporation (FDIC), trans- S. 732. A bill to authorize funds to Federal ing Administrator, Agricultural Marketing mitting, pursuant to law, the report of a rule aid highways, highway safety programs, and Service, Fruit and Vegetable Programs, De- entitled ‘‘Community Reinvestment Act transit programs, and for other purposes partment of Agriculture, transmitting, pur- Regulations (Technical Amendments)’’ (Rept. No. 109–53). suant to law, the report of a rule entitled (RIN3064–AC82) received on April 4, 20057; to ‘‘Domestic Dates Produced or Packed in Riv- the Committee on Banking, Housing, and f erside County, California; Modification of Urban Affairs. the Qualification Requirements for Approved EC¥1519. A communication from the Presi- INTRODUCTION OF BILLS AND Manufacturers of Date Products’’ (FV04–987– dent of the United States, transmitting, pur- JOINT RESOLUTIONS 1 FR) received on March 28, 2005; to the Com- suant to law, a report on the extension of The following bills and joint resolu- mittee on Agriculture, Nutrition, and For- trade promotion authority relative to sec- tions were introduced, read the first estry. tion 2103(c)(2) of the Trade Act of 2002; to the and second times by unanimous con- EC¥1509. A communication from the Act- Committee on Finance. ing Administrator, Agricultural Marketing EC¥1520. A communication from the Chief, sent, and referred as indicated: Service, Dairy Programs, Department of Ag- Regulations Branch, Customs and Border By Mr. ROBERTS (for himself and Mr. riculture, transmitting, pursuant to law, the Protection, Department of Homeland Secu- LUGAR): report of a rule entitled ‘‘Fluid Milk Pro- rity, transmitting, pursuant to law, the re- S. 713. A bill to amend the Internal Rev- motion Order’’ (DA–04–04) received on March port of a rule entitled ‘‘Electronic Trans- enue Code of 1986 to provide for collegiate 28, 2005; to the Committee on Agriculture, mission of Passenger and Crew Manifests for housing and infrastructure grants; to the Nutrition, and Forestry. Vessels and Aircraft’’ (RIN1651–AA37) re- Committee on Finance. EC¥1510. A communication from the Ar- ceived on April 4, 2005; to the Committee on By Mr. SMITH (for himself, Mr. chitect of the Capitol, transmitting, pursu- Finance. INOUYE, Ms. SNOWE, Mr. DORGAN, Mr. ant to law, a report of all expenditures dur- EC¥1521. A communication from the Act- SUNUNU, Mr. BURNS, Mr. LAUTEN- ing the period April 1, 2004 through Sep- ing Chief, Publications and Regulations BERG, and Mr. STEVENS):

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3278 CONGRESSIONAL RECORD — SENATE April 6, 2005 S. 714. A bill to amend section 227 of the S. 724. A bill to improve the No Child Left By Mr. VITTER: Communications Act of 1934 (47 U.S.C. 227) Behind Act of 2001, and for other purposes; to S. 735. A bill to amend the Submerged relating to the prohibition on junk fax trans- the Committee on Health, Education, Labor, Lands Act to make the seaward boundaries missions; to the Committee on Commerce, and Pensions. of the States of Louisiana, Alabama, and Science, and Transportation. By Mr. DODD (for himself, Ms. SNOWE, Mississippi equivalent to the seaward bound- By Mr. HARKIN (for himself, Mr. DAY- Mr. KENNEDY, Ms. COLLINS, Mrs. aries of the State of Texas and the Gulf TON, Mr. DURBIN, and Mr. LAUTEN- MURRAY, Mr. DURBIN, Mrs. CLINTON, Coast of Florida; to the Committee on En- BERG): Mr. INOUYE, Mr. LEVIN, Mr. LAUTEN- ergy and Natural Resources. S. 715. A bill to amend the Internal Rev- BERG, and Mr. JOHNSON): By Mr. VITTER: enue Code of 1986 to encourage investment in S. 725. A bill to improve the Child Care Ac- S. 736. A bill to amend the Outer Conti- facilities using wind to produce electricity, cess Means Parents in School Program; to nental Shelf Lands Act to promote uses on and for other purposes; to the Committee on the Committee on Health, Education, Labor, the Outer Continental Shelf; to the Com- Finance. and Pensions. mittee on Energy and Natural Resources. By Mr. AKAKA (for himself, Mr. By Mr. ALEXANDER (for himself and By Mr. CRAIG (for himself, Mr. DUR- ROCKEFELLER, and Mr. CONRAD): Mr. JOHNSON): BIN, Mr. SUNUNU, Mr. FEINGOLD, Ms. S. 716. A bill to amend title 38, United S. 726. A bill to promote the conservation MURKOWSKI, and Mr. SALAZAR): States Code, to enhance services provided by and production of natural gas; to the Com- S. 737. A bill to amend the USA PATRIOT vet centers, to clarify and improve the provi- mittee on Energy and Natural Resources. ACT to place reasonable limitations on the sion of bereavement counseling by the De- By Mr. ALEXANDER (for himself and use of surveillance and the issuance of search partment of Veterans Affairs, and for other Mr. JOHNSON): warrants, and for other purposes; to the purposes; to the Committee on Veterans’ Af- S. 727. A bill to provide tax incentives to Committee on the Judiciary. fairs. promote the conservation and production of By Mr. SPECTER: By Mrs. LINCOLN (for herself and Ms. natural gas; to the Committee on Finance. S. 738. A bill to provide relief for the cot- COLLINS): By Mr. BOND (for himself, Mr. INHOFE, ton shirt industry; to the Committee on Fi- S. 717. A bill to amend title XVIII of the Mr. VITTER, Mr. WARNER, Mr. VOINO- nance. Social Security Act to provide coverage for VICH, Mr. ISAKSON, Mr. THUNE, Ms. f kidney disease education services under the MURKOWSKI, Mr. OBAMA, Ms. LAN- medicare program, and for other purposes; to DRIEU, Mr. GRASSLEY, Mr. HARKIN, SUBMISSION OF CONCURRENT AND the Committee on Finance. Mr. TALENT, Mr. CORNYN, Mr. COCH- SENATE RESOLUTIONS By Mr. BIDEN (for himself, Mr. SPEC- RAN, Mr. DOMENICI, and Mr. COLE- The following concurrent resolutions TER, Mr. MCCONNELL, Mrs. MURRAY, MAN): Mr. DAYTON, Mr. CHAMBLISS, Mr. S. 728. A bill to provide for the consider- and Senate resolutions were read, and CORZINE, and Ms. CANTWELL): ation and development of water and related referred (or acted upon), as indicated: S. 718. A bill to amend title I of the Omni- resources, to authorize the Secretary of the By Mr. FRIST (for himself and Mr. bus Crime Control and Safe Streets Act of Army to construct various projects for im- ALEXANDER): 1968 to provide standards and procedures to provements to rivers and harbors of the S. Res. 97. A resolution commending Patri- guide both State and local law enforcement United States, and for other purposes; to the cia Sue Head Summitt, head women’s bas- agencies and law enforcement officers during Committee on Environment and Public ketball coach at the University of Tennessee, internal investigations, interrogation of law Works. for three decades of excellence as a proven enforcement officers, and administrative dis- By Mr. DURBIN: leader, motivated teacher, and established ciplinary hearings, and to ensure account- S. 729. A bill to establish the Food Safety champion; considered and agreed to. ability of law enforcement officers, to guar- Administration to protect the public health By Mr. BURR (for himself and Mrs. antee the due process rights of law enforce- by preventing food-borne illness, ensuring DOLE): ment officers, and to require States to enact the safety of food, improving research on S. Res. 98. A resolution commending the law enforcement discipline, accountability, contaminants leading to food-borne illness, University of North Carolina men’s basket- and due process laws; to the Committee on and improving security of food from inten- ball team for winning the 2005 National Col- the Judiciary. tional contamination, and for other pur- legiate Athletic Association Division I Men’s By Mr. SARBANES (for himself and poses; to the Committee on Agriculture, Nu- Basketball Championship; considered and Ms. MIKULSKI): trition, and Forestry. agreed to. S. 719. A bill to extend Corridor O of the By Mr. LEAHY (for himself and Ms. By Mr. LAUTENBERG (for himself, Appalachian Development Highway System SNOWE): Mr. LEVIN, Mr. SARBANES, and Mr. from its current southern terminus at I–68 S. 730. A bill to amend the Clean Air Act to LIEBERMAN): near Cumberland to Corridor H, which establish requirements concerning the oper- S. Res. 99. A resolution expressing the stretches from Weston, West Virginia, to ation of fossil fuel-fired electric utility sense of the Senate to condemn the inhu- Strasburg, Virginia; to the Committee on steam generating units, commercial and in- mane and unnecessary slaughter of small Environment and Public Works. dustrial boiler units, solid waste inciner- cetaceans, including Dall’s porpoise, the By Mr. BINGAMAN (for himself and ation units, medical waste incinerators, haz- bottlenose dolphin, Risso’s dolphin, false Mr. SMITH): ardous waste combustors, chlor-alkali killer whales, pilot whales, the striped dol- S. 720. A bill to amend the Internal Rev- plants, and Portland cement plants to reduce phin, and the spotted dolphin in certain na- enue Code of 1986 to eliminate unnecessary emissions of mercury to the environment, tions; to the Committee on Foreign Rela- paperwork burdens on government and small and for other purposes; to the Committee on tions. businesses by reducing the number of excise Environment and Public Works. By Mr. DORGAN (for himself and Mr. tax returns filed by small taxpayers that pay By Mr. CONRAD (for himself, Mr. BYRD): the Federal excise tax on wines and beer; to BURNS, Mr. JOHNSON, Mr. DORGAN, S. Res. 100. A resolution disapproving the the Committee on Finance. Mr. KOHL, Mr. DOMENICI, Mr. BINGA- request of the President for extension under By Mr. VITTER: MAN, and Mr. THUNE): section 2103(c)(1)(B)(i) of the Bipartisan S. 721. A bill to authorize the Secretary of S. 731. A bill to recruit and retain more Trade Promotion Authority Act of 2002, of the Army to carry out a program for eco- qualified individuals to teach in Tribal Col- the trade promotion authorities under that system restoration for the Louisiana Coastal leges or Universities; to the Committee on Act; to the Committee on Finance. Area, Louisiana; to the Committee on Envi- Indian Affairs. By Mr. SANTORUM (for himself, Mr. ronment and Public Works. By Mr. INHOFE: SPECTER, and Mr. LAUTENBERG): By Mr. SANTORUM: S. 732. A bill to authorize funds to Federal S. Res. 101. A resolution recognizing the S. 722. A bill to amend the Internal Rev- aid highways, highway safety programs, and 50th anniversary of the development of the enue Code of 1986 to reduce the tax on beer to transit programs, and for other purposes; Salk polio vaccine and its importance in its pre-1991 level; to the Committee on Fi- from the Committee on Environment and eradicating the incidence of polio; considered nance. Public Works; placed on the calendar. and agreed to. By Ms. SNOWE (for herself, Mr. BOND, By Mr. VITTER: and Mr. BINGAMAN): S. 733. A bill to amend the Outer Conti- f S. 723. A bill to amend the Internal Rev- nental Shelf Lands Act to provide a domestic ADDITIONAL COSPONSORS enue Code of 1986 to allow small businesses offshore energy reinvestment program, and to set up simple cafeteria plans to provide for other purposes; to the Committee on En- S. 132 nontaxable employee benefits to their em- ergy and Natural Resources. At the request of Mrs. LINCOLN, the ployees, to make changes in the require- By Mr. VITTER: name of the Senator from Connecticut ments for cafeteria plans, flexible spending S. 734. A bill to provide for agreements be- (Mr. DODD) was added as a cosponsor of accounts, and benefits provided under such tween Federal agencies to partner or trans- plans or accounts, and for other purposes; to fer funds to accomplish erosion goals relat- S. 132, a bill to amend the Internal the Committee on Finance. ing to the coastal area of Louisiana, and for Revenue Code of 1986 to allow a deduc- By Mr. DODD (for himself, Mr. DURBIN, other purposes; to the Committee on Com- tion for premiums on mortgage insur- and Mr. SALAZAR): merce, Science, and Transportation. ance.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3279 At the request of Mr. SMITH, the ator from Delaware (Mr. BIDEN), the (Mr. ENZI), the Senator from Montana name of the Senator from South Caro- Senator from Vermont (Mr. JEFFORDS), (Mr. BAUCUS), the Senator from Min- lina (Mr. GRAHAM) was added as a co- the Senator from California (Mrs. nesota (Mr. COLEMAN) and the Senator sponsor of S. 132, supra. BOXER) and the Senator from Colorado from South Dakota (Mr. JOHNSON) were S. 185 (Mr. ALLARD) were added as cosponsors added as cosponsors of S. 548, a bill to At the request of Mr. NELSON of Flor- of S. 382, a bill to amend title 18, amend the Food Security Act of 1985 to ida, the name of the Senator from Ar- United States Code, to strengthen pro- encourage owners and operators of pri- kansas (Mrs. LINCOLN) was added as a hibitions against animal fighting, and vately-held farm, ranch, and forest cosponsor of S. 185, a bill to amend for other purposes. land to voluntarily make their land title 10, United States Code, to repeal S. 461 available for access by the public under the requirement for the reduction of At the request of Mr. ROCKEFELLER, programs administered by States and certain Survivor Benefit Plan annu- the name of the Senator from Colorado tribal governments. ities by the amount of dependency and (Mr. SALAZAR) was added as a cospon- S. 566 indemnity compensation and to modify sor of S. 461, a bill to amend title 37, At the request of Mr. ROCKEFELLER, the effective date for paid-up coverage United States Code, to require that a the names of the Senator from New under the Survivor Benefit Plan. member of the uniformed services who Mexico (Mr. BINGAMAN) and the Sen- S. 217 is wounded or otherwise injured while ator from Michigan (Ms. STABENOW) At the request of Mr. BINGAMAN, the serving in a combat zone continue to were added as cosponsors of S. 566, a name of the Senator from North Da- be paid monthly military pay and al- bill to continue State coverage of med- kota (Mr. DORGAN) was added as a co- lowances, while the member recovers icaid prescription drug coverage to sponsor of S. 217, a bill to amend title from the wound or injury, at least medicare dual eligible beneficiaries for 49, United States Code, to preserve the equal to the monthly military pay and 6 months while still allowing the medi- essential air service program. allowances the member received imme- care part D benefit to be implemented diately before receiving the wound or S. 224 as scheduled. injury, to continue the combat zone At the request of Mr. KENNEDY, the S. 577 tax exclusion for the member during names of the Senator from New York At the request of Ms. COLLINS, the the recovery period, and for other pur- (Mr. SCHUMER) and the Senator from names of the Senator from Minnesota poses. Massachusetts (Mr. KERRY) were added (Mr. DAYTON) and the Senator from as cosponsors of S. 224, a bill to extend S. 467 Michigan (Ms. STABENOW) were added the period for COBRA coverage for vic- At the request of Mr. DODD, the name as cosponsors of S. 577, a bill to pro- tims of the terrorist attacks of Sep- of the Senator from Colorado (Mr. mote health care coverage for individ- tember 11, 2001. SALAZAR) was added as a cosponsor of uals participating in legal recreational S. 467, a bill to extend the applicability S. 241 activities or legal transportation ac- of the Terrorism Risk Insurance Act of tivities. At the request of Ms. SNOWE, the 2002. name of the Senator from Washington S. 583 S. 484 (Ms. CANTWELL) was added as a cospon- At the request of Ms. LANDRIEU, the At the request of Mr. WARNER, the sor of S. 241, a bill to amend section 254 name of the Senator from Mississippi names of the Senator from New Jersey of the Communications Act of 1934 to (Mr. LOTT) was added as a cosponsor of (Mr. LAUTENBERG) and the Senator provide that funds received as uni- S. 583, a bill to amend the Internal from North Dakota (Mr. DORGAN) were versal service contributions and the Revenue Code of 1986 to provide for the added as cosponsors of S. 484, a bill to universal service support programs es- proper tax treatment of certain dis- amend the Internal Revenue Code of tablished pursuant to that section are aster mitigation payments. 1986 to allow Federal civilian and mili- not subject to certain provisions of S 602 tary retirees to pay health insurance . title 31, United States Code, commonly premiums on a pretax basis and to At the request of Ms. MIKULSKI, the known as the Antideficiency Act. allow a deduction for TRICARE supple- name of the Senator from Nebraska S. 267 mental premiums. (Mr. NELSON) was added as a cosponsor of S. 602, a bill to amend the Public At the request of Mr. CRAIG, the S. 495 Health Service Act to fund break- name of the Senator from Alaska (Mr. At the request of Mr. CORZINE, the STEVENS) was added as a cosponsor of names of the Senator from Maryland throughs in Alzheimer’s disease re- search while providing more help to S. 267, a bill to reauthorize the Secure (Ms. MIKULSKI) and the Senator from caregivers and increasing public edu- Rural Schools and Community Self-De- New York (Mr. SCHUMER) were added as termination Act of 2000, and for other cosponsors of S. 495, a bill to impose cation about prevention. purposes. sanctions against perpetrators of S. 654 S. 333 crimes against humanity in Darfur, At the request of Mr. LEAHY, the At the request of Mr. SANTORUM, the Sudan, and for other purposes. name of the Senator from Wisconsin name of the Senator from Nebraska S. 513 (Mr. FEINGOLD) was added as a cospon- (Mr. NELSON) was added as a cosponsor At the request of Mr. GREGG, the sor of S. 654, a bill to prohibit the ex- of S. 333, a bill to hold the current re- name of the Senator from Oregon (Mr. pulsion, return, or extradition of per- gime in Iran accountable for its threat- WYDEN) was added as a cosponsor of S. sons by the United States to countries ening behavior and to support a transi- 513, a bill to provide collective bar- engaging in torture, and for other pur- tion to democracy in Iran. gaining rights for public safety officers poses. S. 339 employed by States or their political S. 657 At the request of Mr. REID, the subdivisions. At the request of Mr. ENSIGN, the names of the Senator from New Mexico S. 521 name of the Senator from Utah (Mr. (Mr. BINGAMAN) and the Senator from At the request of Ms. CANTWELL, her HATCH) was added as a cosponsor of S. Wyoming (Mr. THOMAS) were added as name was added as a cosponsor of S. 657, a bill to amend title XVIII of the cosponsors of S. 339, a bill to reaffirm 521, a bill to amend the Public Health Social Security Act to make a tech- the authority of States to regulate cer- Service Act to direct the Secretary of nical correction in the definition of tain hunting and fishing activities. Health and Human Services to estab- outpatient speech-language pathology S. 382 lish, promote, and support a com- services. At the request of Mr. ENSIGN, the prehensive prevention, research, and S. 679 names of the Senator from Nebraska medical management referral program At the request of Mr. COLEMAN, the (Mr. NELSON), the Senator from New for hepatitis C virus infection. name of the Senator from Florida (Mr. Hampshire (Mr. GREGG), the Senator S. 548 NELSON) was added as a cosponsor of S. from Michigan (Mr. LEVIN), the Sen- At the request of Mr. CONRAD, the 679, a bill to amend title 10, United ator from Indiana (Mr. BAYH), the Sen- names of the Senator from Wyoming States Code, to require the registration

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3280 CONGRESSIONAL RECORD — SENATE April 6, 2005 of contractors’ taxpayer identification munications Commission (FCC). This chine by a sender to whom a request has numbers in the Central Contractor bill will also help businesses by allow- been made not to send future unsolicited ad- Registry database of the Department of ing them to continue to send faxes to vertisements to such telephone facsimile Defense, and for other purposes. their customers in a manner that has machine that complies with the require- ments under paragraph (2)(E); or’’. S. 702 proven successful with both businesses (b) DEFINITION OF ESTABLISHED BUSINESS At the request of Mr. BAUCUS, the and consumers. RELATIONSHIP.—Section 227(a) of the Commu- name of the Senator from Indiana (Mr. In July of 2003, the FCC reconsidered nications Act of 1934 (47 U.S.C. 227(a)) is BAYH) was added as a cosponsor of S. its Telephone Consumer Protection Act amended— 702, a bill to amend the Internal Rev- (TCPA) rules and elected to eliminate (1) by redesignating paragraphs (2) through enue Code of 1986 to repeal the occupa- the ability for businesses to contact (4) as paragraphs (3) through (5), respec- tional taxes relating to distilled spir- their customers even where there ex- tively; and (2) by inserting after paragraph (1) the fol- its, wine, and beer. ists an established business relation- ship. The effect of the FCC’s rule would lowing: S. CON. RES. 16 ‘‘(2) The term ‘established business rela- At the request of Mr. BINGAMAN, the be to prevent a business from sending a tionship’, for purposes only of subsection name of the Senator from Connecticut fax solicitation to any person, whether (b)(1)(C)(i), shall have the meaning given the (Mr. LIEBERMAN) was added as a co- it is a supplier or customer, without term in section 64.1200 of title 47, Code of sponsor of S. Con. Res. 16, a concurrent first obtaining prior written consent. Federal Regulations, as in effect on January resolution conveying the sympathy of This approach, while seemingly sen- 1, 2003, except that— sible, would impose significant costs on ‘‘(A) such term shall include a relationship Congress to the families of the young between a person or entity and a business women murdered in the State of Chi- businesses in the form of extensive record keeping. Recognizing the prob- subscriber subject to the same terms appli- huahua, Mexico, and encouraging in- cable under such section to a relationship be- creased United States involvement in lems created by this rule, the Commis- tween a person or entity and a residential bringing an end to these crimes. sion has twice delayed the effective subscriber; and date, with the current extension of S. RES. 31 ‘‘(B) an established business relationship stay expiring on June 30, 2005. shall be subject to any time limitation es- At the request of Mr. COLEMAN, the The purpose of this legislation is to tablished pursuant to paragraph (2)(G)).’’. names of the Senator from Montana preserve the established business rela- (c) REQUIRED NOTICE OF OPT-OUT OPPOR- (Mr. BURNS) and the Senator from Utah tionship exception currently recog- TUNITY.—Section 227(b)(2) of the Communica- (Mr. HATCH) were added as cosponsors nized under the TCPA. In addition, this tions Act of 1934 (47 U.S.C. 227(b)(2)) is of S. Res. 31, a resolution expressing bill will allow consumers to opt out of amended— the sense of the Senate that the week (1) in subparagraph (B), by striking ‘‘and’’ receiving further unsolicited faxes. of August 7, 2005, be designated as ‘‘Na- at the end; This is a new consumer protection that tional Health Center Week’’ in order to (2) in subparagraph (C), by striking the pe- does not exist under the TCPA today. raise awareness of health services pro- riod at the end and inserting a semicolon; We believe that this bipartisan bill and vided by community, migrant, public strikes the appropriate balance in pro- (3) by adding at the end the following: housing, and homeless health centers, viding significant protections to con- ‘‘(D) shall provide that a notice contained and for other purposes. sumers from unwanted unsolicited fax in an unsolicited advertisement complies S. RES. 83 advertisements and preserves the many with the requirements under this subpara- graph only if— At the request of Mr. SANTORUM, the benefits that result from legitimate fax name of the Senator from Alaska (Mr. ‘‘(i) the notice is clear and conspicuous and communications. on the first page of the unsolicited advertise- STEVENS) was added as a cosponsor of In the 108th Congress, this legislation ment; S. Res. 83, a resolution commemorating passed both the Senate and House but ‘‘(ii) the notice states that the recipient the 65th Anniversary of the Black was not signed into law prior to the ad- may make a request to the sender of the un- Press of America. journment of Congress. We hope that solicited advertisement not to send any fu- S. RES. 85 both the Senate and House can pass ture unsolicited advertisements to a tele- At the request of Mr. THOMAS, the this legislation in a timely manner, phone facsimile machine or machines and names of the Senator from Florida (Mr. that failure to comply, within the shortest prior to June 30, 2005, when the FCC’s reasonable time, as determined by the Com- MARTINEZ), the Senator from Montana stay expires. mission, with such a request meeting the re- (Mr. BAUCUS) and the Senator from I ask unanimous consent that the quirements under subparagraph (E) is unlaw- Alaska (Mr. STEVENS) were added as co- text of the bill be printed in the ful; sponsors of S. Res. 85, a resolution des- RECORD. ‘‘(iii) the notice sets forth the require- ignating July 23, 2005, and July 22, 2006, There being no objection, the bill was ments for a request under subparagraph (E); as ‘‘National Day of the American Cow- ordered to be printed in the RECORD, as ‘‘(iv) the notice includes— boy’’. follows: ‘‘(I) a domestic contact telephone and fac- simile machine number for the recipient to f S. 714 transmit such a request to the sender; and STATEMENTS ON INTRODUCED Be it enacted by the Senate and House of Rep- ‘‘(II) a cost-free mechanism for a recipient BILLS AND JOINT RESOLUTIONS resentatives of the United States of America in to transmit a request pursuant to such no- Congress assembled, tice to the sender of the unsolicited adver- By Mr. SMITH (for himself, Mr. SECTION 1. SHORT TITLE. tisement; the Commission shall by rule re- INOUYE, Ms. SNOWE, Mr. DOR- This Act may be cited as the ‘‘Junk Fax quire the sender to provide such a mecha- GAN, Mr. SUNUNU, Mr. BURNS, Prevention Act of 2005’’. nism and may, in the discretion of the Com- Mr. LAUTENBERG, and Mr. STE- SEC. 2. PROHIBITION ON FAX TRANSMISSIONS mission and subject to such conditions as the VENS): CONTAINING UNSOLICITED ADVER- Commission may prescribe, exempt certain S. 714. A bill to amend section 227 of TISEMENTS. classes of small business senders, but only if the Communications Act of 1934 (47 (a) PROHIBITION.—Section 227(b)(1)(C) of the the Commission determines that the costs to such class are unduly burdensome given the U.S.C. 227) relating to the prohibition Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: revenues generated by such small businesses; on junk fax transmissions; to the Com- ‘‘(C) to use any telephone facsimile ma- ‘‘(v) the telephone and facsimile machine mittee on Commerce, Science, and chine, computer, or other device to send, to numbers and the cost-free mechanism set Transportation. a telephone facsimile machine, an unsolic- forth pursuant to clause (iv) permit an indi- Mr. SMITH. Mr. President, I rise ited advertisement, unless— vidual or business to make such a request today with Senator INOUYE and other ‘‘(i) the unsolicited advertisement is from during regular business hours; and colleagues to introduce the ‘‘Junk Fax a sender with an established business rela- ‘‘(vi) the notice complies with the require- Prevention Act of 2005.’’ This bill will tionship with the recipient; and ments of subsection (d);’’. strengthen existing laws by providing ‘‘(ii) the unsolicited advertisement con- (d) REQUEST TO OPT-OUT OF FUTURE UNSO- tains a notice meeting the requirements LICITED ADVERTISEMENTS.—Section 227(b)(2) consumers the ability to prevent unso- under paragraph (2)(D), except that the ex- of the Communications Act of 1934 (47 U.S.C. licited fax advertisements and provide ception under clauses (i) and (ii) shall not 227(b)(2)), as amended by subsection (c), is greater Congressional oversight of en- apply with respect to an unsolicited adver- further amended by adding at the end the forcement efforts by the Federal Com- tisement sent to a telephone facsimile ma- following:

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3281

‘‘(E) shall provide, by rule, that a request (g) UNSOLICITED ADVERTISEMENT.—Section regarding complaints received by the Fed- not to send future unsolicited advertise- 227(a)(5) of the Communications Act of 1934, eral Communications Commission con- ments to a telephone facsimile machine com- as so redesignated by subsection (b)(1), is cerning unsolicited advertisements sent to plies with the requirements under this sub- amended by inserting ‘‘, in writing or other- telephone facsimile machines, which study paragraph only if— wise’’ before the period at the end. shall determine— ‘‘(i) the request identifies the telephone (h) REGULATIONS.—Except as provided in (1) the mechanisms established by the number or numbers of the telephone fac- section 227(b)(2)(G)(ii) of the Communica- Commission to receive, investigate, and re- simile machine or machines to which the re- tions Act of 1934 (as added by subsection (f)), spond to such complaints; quest relates; not later than 270 days after the date of en- (2) the level of enforcement success ‘‘(ii) the request is made to the telephone actment of this Act, the Federal Commu- achieved by the Commission regarding such or facsimile number of the sender of such an nications Commission shall issue regulations complaints; unsolicited advertisement provided pursuant to implement the amendments made by this (3) whether complainants to the Commis- to subparagraph (D)(iv) or by any other section. sion are adequately informed by the Com- method of communication as determined by SEC. 3. FCC ANNUAL REPORT REGARDING JUNK mission of the responses to their complaints; the Commission; and FAX ENFORCEMENT. and Section 227 of the Communications Act of ‘‘(iii) the person making the request has (4) whether additional enforcement meas- 1934 (47 U.S.C. 227) is amended by adding at not, subsequent to such request, provided ex- ures are necessary to protect consumers, in- the end the following: press invitation or permission to the sender, cluding recommendations regarding such ad- ‘‘(g) JUNK FAX ENFORCEMENT REPORT.—The in writing or otherwise, to send such adver- Commission shall submit an annual report to ditional enforcement measures. tisements to such person at such telephone Congress regarding the enforcement during (b) ADDITIONAL ENFORCEMENT REMEDIES.— facsimile machine;’’. the past year of the provisions of this section In conducting the analysis and making the (e) AUTHORITY TO ESTABLISH NONPROFIT relating to sending of unsolicited advertise- recommendations required under subsection EXCEPTION.—Section 227(b)(2) of the Commu- ments to telephone facsimile machines, (a)(4), the Comptroller General shall specifi- nications Act of 1934 (47 U.S.C. 227(b)(2)), as which report shall include— cally examine— amended by subsections (c) and (d), is further ‘‘(1) the number of complaints received by (1) the adequacy of existing statutory en- amended by adding at the end the following: the Commission during such year alleging forcement actions available to the Commis- ‘‘(F) may, in the discretion of the Commis- that a consumer received an unsolicited ad- sion; sion and subject to such conditions as the vertisement via telephone facsimile machine (2) the adequacy of existing statutory en- Commission may prescribe, allow profes- in violation of the Commission’s rules; forcement actions and remedies available to sional or trade associations that are tax-ex- ‘‘(2) the number of citations issued by the consumers; empt nonprofit organizations to send unso- Commission pursuant to section 503 during (3) the impact of existing statutory en- licited advertisements to their members in the year to enforce any law, regulation, or forcement remedies on senders of facsimiles; furtherance of the association’s tax-exempt policy relating to sending of unsolicited ad- (4) whether increasing the amount of finan- purpose that do not contain the notice re- vertisements to telephone facsimile ma- cial penalties is warranted to achieve great- quired by paragraph (1)(C)(ii), except that chines; er deterrent effect; and the Commission may take action under this ‘‘(3) the number of notices of apparent li- (5) whether establishing penalties and en- subparagraph only— ability issued by the Commission pursuant forcement actions for repeat violators or ‘‘(i) by regulation issued after public notice to section 503 during the year to enforce any abusive violations similar to those estab- and opportunity for public comment; and law, regulation, or policy relating to sending lished under section 1037 of title 18, United ‘‘(ii) if the Commission determines that of unsolicited advertisements to telephone States Code, would have a greater deterrent such notice required by paragraph (1)(C)(ii) facsimile machines; effect. is not necessary to protect the ability of the ‘‘(4) for each notice referred to in para- (c) REPORT.—Not later than 270 days after members of such associations to stop such graph (3)— the date of enactment of this Act, the Comp- associations from sending any future unso- ‘‘(A) the amount of the proposed forfeiture troller General shall submit a report on the licited advertisements; and’’. penalty involved; results of the study under this section to the (f) AUTHORITY TO ESTABLISH TIME LIMIT ON ‘‘(B) the person to whom the notice was Committee on Commerce, Science, and ESTABLISHED BUSINESS RELATIONSHIP EXCEP- issued; Transportation of the Senate and the Com- TION.—Section 227(b)(2) of the Communica- ‘‘(C) the length of time between the date mittee on Energy and Commerce of the tions Act of 1934 (47 U.S.C. 227(b)(2)), as on which the complaint was filed and the House of Representatives. amended by subsections (c), (d), and (e) of date on which the notice was issued; and this section, is further amended by adding at ‘‘(D) the status of the proceeding; By Mr. HARKIN (for himself, Mr. the end the following: ‘‘(5) the number of final orders imposing DAYTON, Mr. DURBIN, and Mr. ‘‘(G)(i) may, consistent with clause (ii), forfeiture penalties issued pursuant to sec- LAUTENBERG): limit the duration of the existence of an es- tion 503 during the year to enforce any law, S. 715. A bill to amend the Internal tablished business relationship, however, be- regulation, or policy relating to sending of Revenue Code of 1986 to encourage in- fore establishing any such limits, the Com- unsolicited advertisements to telephone fac- mission shall— simile machines; vestment in facilities using wind to ‘‘(I) determine whether the existence of the ‘‘(6) for each forfeiture order referred to in produce electricity, and for other pur- exception under paragraph (1)(C) relating to paragraph (5)— poses; to the Committee on Finance. an established business relationship has re- ‘‘(A) the amount of the penalty imposed by Mr. HARKIN. Mr. President, I am in- sulted in a significant number of complaints the order; troducing today the Wind Power Tax to the Commission regarding the sending of ‘‘(B) the person to whom the order was Incentives Act of 2005. I am pleased to unsolicited advertisements to telephone fac- issued; be joined by Senators DAYTON, DURBIN simile machines; ‘‘(C) whether the forfeiture penalty has and LAUTENBURG. This legislation ‘‘(II) determine whether a significant num- been paid; and ber of any such complaints involve unsolic- ‘‘(D) the amount paid; makes it easier for farmers and others ited advertisements that were sent on the ‘‘(7) for each case in which a person has around the country to invest in wind basis of an established business relationship failed to pay a forfeiture penalty imposed by power for commercial electricity pro- that was longer in duration than the Com- such a final order, whether the Commission duction. Wind power is a clean, eco- mission believes is consistent with the rea- referred such matter for recovery of the pen- nomical, and reliable source of renew- sonable expectations of consumers; alty; and able energy abundant on farms and in ‘‘(III) evaluate the costs to senders of dem- ‘‘(8) for each case in which the Commission rural areas of Iowa and elsewhere. onstrating the existence of an established referred such an order for recovery— With this legislation we can help business relationship within a specified pe- ‘‘(A) the number of days from the date the riod of time and the benefits to recipients of Commission issued such order to the date of farmers help themselves by developing establishing a limitation on such established such referral; a new source of income, and help the business relationship; and ‘‘(B) whether an action has been com- rest of the country in the production of ‘‘(IV) determine whether with respect to menced to recover the penalty, and if so, the renewable energy. Farmers are ready small businesses, the costs would not be un- number of days from the date the Commis- to take on this challenge. A recent duly burdensome; and sion referred such order for recovery to the study found that 93 percent of corn pro- ‘‘(ii) may not commence a proceeding to date of such commencement; and ducers support wind energy. They also determine whether to limit the duration of ‘‘(C) whether the recovery action resulted strongly support the 2002 farm bill’s the existence of an established business rela- in collection of any amount, and if so, the tionship before the expiration of the 18- amount collected.’’. historic energy title. month period that begins on the date of the SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. This regulation complements the enactment of the Junk Fax Prevention Act (a) IN GENERAL.—The Comptroller General farm bill’s energy programs and other of 2005.’’. of the United States shall conduct a study wind power initiatives currently being

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3282 CONGRESSIONAL RECORD — SENATE April 6, 2005 considered by this body, and is strong- mental to moving the bill forward. I such year. Such election, once made, shall be ly supported by the American Wind En- am hopeful we can pass this legislation irrevocable for such taxable year. ergy Association and John Deere. Our soon to help secure a brighter renew- ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- bill changes Federal tax law to make able energy future for our Nation’s TRONS.—The amount of the credit appor- tioned to any shareholders under subpara- the section 45 wind production tax farmers and all citizens. graph (A)— credit more widely available to farm- I ask unanimous consent that the ‘‘(i) shall not be included in the amount de- ers, farm cooperatives, and other inves- text of the bill be printed in the termined under subsection (a) with respect tors. Section 45 of the Federal tax code RECORD. to the organization for the taxable year, and provides a tax credit, currently 1.8 There being no objection, the bill was ‘‘(ii) shall be included in the amount deter- cents per kilowatt-hour, for electricity ordered to be printed in the RECORD, as mined under subsection (a) for the taxable produced and sold during the first ten follows: year of the shareholder with or within which years of the life of a wind turbine. The S. 715 the taxable year of the organization ends. ‘‘(C) SPECIAL RULES FOR DECREASE IN CRED- Be it enacted by the Senate and House of Rep- credit has been extraordinarily suc- ITS FOR TAXABLE YEAR.—If the amount of the cessful in spurring greater installation resentatives of the United States of America in credit of a cooperative organization deter- of new wind power capacity, making Congress assembled, mined under subsection (a) for a taxable year this sustainable energy source eco- SECTION 1. SHORT TITLE. is less than the amount of such credit shown nomically feasible. However, certain This Act may be cited as the ‘‘Wind Power on the return of the cooperative organization Tax Incentives Act of 2005’’. barriers have prevented many farmers for such year, an amount equal to the excess SEC. 2. OFFSET OF PASSIVE ACTIVITY LOSSES and other investors from qualifying for of— AND CREDITS OF AN ELIGIBLE TAX- ‘‘(i) such reduction, over the credit, thus impeding their partici- PAYER FROM WIND ENERGY FACILI- TIES. ‘‘(ii) the amount not apportioned to such pation. shareholders under subparagraph (A) for the It is time to allow full participation (a) IN GENERAL.—Section 469 of the Inter- nal Revenue Code of 1986 (relating to passive taxable year, shall be treated as an increase by farmers and other investors in this in tax imposed by this chapter on the organi- important tax incentive. Our legisla- activity losses and credits limited) is amend- ed— zation. Such increase shall not be treated as tion removes barriers by making two (1) by redesignating subsections (l) and (m) tax imposed by this chapter for purposes of important changes to the tax code. as subsections (m) and (n), respectively; and determining the amount of any credit under First, under current tax law most (2) by inserting after subsection (k) the fol- this subpart or subpart A, B, E, or G.’’. (b) EFFECTIVE DATE.—The amendments losses, deductions, and credits from lowing: made by this section shall apply to taxable ‘‘(l) OFFSET OF PASSIVE ACTIVITY LOSSES passive investments cannot affect years ending after the date of the enactment AND CREDITS FROM WIND ENERGY FACILI- wages or other income or reduce taxes of this Act. on such income. So a farmer who pas- TIES.— sively invests in wind energy could not ‘‘(1) IN GENERAL.—Subsection (a) shall not By Mr. AKAKA (for himself, Mr. apply to the portion of the passive activity use the credits to offset taxes on farm loss, or the deduction equivalent (within the ROCKEFELLER, and Mr. CONRAD): income. This bill creates an exception meaning of subsection (j)(5)) of the portion of S. 716. A bill to amend title 38, to passive loss restrictions for an inter- the passive activity credit, for any taxable United States Code, to enhance serv- est in a wind facility that qualifies for year which is attributable to all interests of ices provided by vet centers, to clarify the section 45 credit. The wind facili- an eligible taxpayer in qualified facilities de- and improve the provision of bereave- ty’s loss or tax credits could then off- scribed in section 45(d)(1). ment counseling by the Department of set the income or taxes arising from ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of Veterans Affairs, and for other pur- the taxpayer’s farming business. Exist- this subsection— poses; to the Committee on Veterans’ ‘‘(A) IN GENERAL.—The term ‘eligible tax- ing law provides an even broader excep- Affairs. payer’ means, with respect to any taxable Mr. AKAKA. Mr. President, I rise tion for oil and gas investments, but in year, a taxpayer the adjusted gross income contrast to existing law, our proposed today to introduce the ‘‘Vet Center En- (taxable income in the case of a corporation) hancement Act of 2005.’’ This legisla- exception for wind investment applies of which does not exceed $1,000,000. tion would enhance care and services only to those with income under $1 ‘‘(B) RULES FOR COMPUTING ADJUSTED GROSS provided through Vet Centers. Since million, in order to avoid potential INCOME.—Adjusted gross income shall be their establishment over 25 years ago, windfalls or abuse. computed in the same manner as under sub- Second, the bill allows cooperatives section (i)(3)(F). Vet Centers have become a safe place ‘‘(C) AGGREGATION RULES.—All persons in the community where more and to invest in qualified wind facilities treated as a single employer under sub- more veterans and their families have and pass through the section 45 credits section (a) or (b) of section 52 shall be treat- turned for assistance and services. This to cooperative members. This will ed as a single taxpayer for purposes of this legislation would provide resources allow farmers to join together and pool paragraph. that Vet Centers need to serve and their resources in a cooperative and ‘‘(D) PASS-THRU ENTITIES.—In the case of a reach out to the growing number of Op- pass-thru entity, this paragraph shall be ap- still take advantage of the credit. eration Enduring Freedom and Oper- When we first introduced this bill in plied at the level of the person to which the credit is allocated by the entity.’’. ation Iraqi Freedom (OEF/OIF) vet- the 108th Congress, it also contained a erans and surviving family members. measure providing alternative min- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to facilities The legislation would allow the De- imum tax (AMT) relief. This important placed in service after the date of the enact- partment of Veterans Affairs (VA) to piece of the equation was incorporated ment of this Act. hire an additional 50 Global War on late last year in the American Jobs SEC. 3. APPLICATION OF CREDIT TO COOPERA- Terror outreach coordinators, strike Creation Act, and passed into law. But TIVES. the three-year authorization provision there’s more to be done. (a) IN GENERAL.—Section 45(e) of the Inter- for these outreach workers, clarify The benefits of this legislation are nal Revenue Code of 1986 (relating to defini- that Vet Centers can provide bereave- tions and special rules) is amended by adding obvious. Increased renewable energy ment counseling to family members in- production lessens our dependence on at the end the following: ‘‘(10) ALLOCATION OF CREDIT TO SHARE- cluding parents, and provide more foreign oil, provides environmental and HOLDERS OF COOPERATIVE.— funding for the Vet Center program. public health gains, bolsters farm in- ‘‘(A) ELECTION TO ALLOCATE.— In February 2004, VA authorized the come, creates jobs and boosts economic ‘‘(i) IN GENERAL.—In the case of a coopera- Vet Center program to hire 50 OEF/OIF growth, especially in rural areas. The tive organization described in section 1381(a), veterans to conduct outreach to their Nation must move toward energy secu- any portion of the credit determined under fellow Global War on Terrorism vet- rity, and domestically produced wind subsection (a) for the taxable year may, at erans. There are still many OEF/OIF power, along with other forms of re- the election of the organization, be appor- veterans in need of readjustment serv- newable energy like biofuels, plays an tioned pro rata among shareholders of the ices, which requires more workers. organization on the basis of the capital con- important part in this endeavor. tributions of the shareholders to the organi- This legislation would authorize the I want to thank Senators DAYTON, zation. hiring of 50 additional outreach coordi- DURBIN and LAUTENBURG for co-spon- ‘‘(ii) FORM AND EFFECT OF ELECTION.—An nators to reach this underserved popu- soring this legislation with me. Their election under clause (i) for any taxable year lation of veterans. In addition, this leg- leadership in this area will be instru- shall be made on a timely filed return for islation would also repeal the three-

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3283 year authorization provision placed on Unable to sleep, Veverka, 45, tried a hos- ture into treating non-veterans is worth- these positions. pice-based program for dealing with grief. while. ‘‘We’re here to help the veteran,’’ he The number of brave servicemembers Unable to stop thinking about the person said, ‘‘and when they’ve been killed, it’s the who die while defending freedom con- who was the last to see her son while delib- closest we can get to them to give them that erately pushing a detonator, she talked to service.’’ tinues to rise, leaving many surviving friends and attended a support group for par- Griffis says he has treated family members family members in need for help. Under ents who lost children. All helped somewhat, connected to five deaths, four of which oc- current law, VA has the authority to she says, but it was in an unexpected place— curred from enemy fire and one by suicide. provide bereavement counseling to the a readjustment center for veterans—where ‘‘They come in with grief, with a great immediate family. However, it is nec- she finally felt some relief. sense of loss, often with guilt feelings about essary to clarify that parents of a de- ‘‘These guys, they have served,’’ Veverka what they could have done, angry at the gov- ceased servicemember qualify for this said of the counselors she sees weekly at the ernment, angry at God, angry at the child bereavement counseling and that such Department of Veterans Affairs’ Vet Center himself,’’ he said of his clients, most of near her home in West Palm Beach, Fla. whom have been parents. care could be provided at Vet Centers. ‘‘They get it. I can just talk, and they under- Rather than diagnosing a condition, he This legislation would make the clari- stand.’’ says, his goal is to ‘‘let them ventilate all of fications. More and more relatives of service mem- their feelings. Their anger. Their grief. Their A recent article in the Washington bers who died are learning the same thing, sadness. No matter what it’s about. And let Post detailed a mother’s experience that because of a new bereavement program, them have a feeling of relief before they after her son was killed in Iraq and vet centers are not just for veterans any- walk out of the session.’’ how she finally felt relief at an unex- more. In August 2003, as the number of fa- Veverka, who is one of Griffis’s clients, talities in Iraq passed the 250 mark, the 206 pected place, a Vet Center. The article says that is exactly what has happened to vet centers across the United States began her in her weekly sessions. also provided information concerning offering counseling and bereavement services ‘‘There was something lacking,’’ she said the Vet Center bereavement program to immediate relatives of anyone in the mili- of the support groups she attended in the and discussed the need for clarification tary to die while on active duty. first days after her son’s death, where she of the Vet Center bereavement care The program marks the first time that found herself undifferentiated from the par- program. This article paints a clear non-veterans have been eligible for a benefit ents whose child had died of leukemia and picture of the distress that surviving previously restricted to veterans. Before the the parents whose child had been killed family members endure as a result of program began, civilian family members crossing a street. ‘‘It was only addressing might go to a vet center as part of a living the death of a beloved soldier. I ask half of my emotions. I needed something veteran’s counseling but had to go elsewhere with the military.’’ unanimous consent that the text of if they needed counseling of their own. Try the vet center, someone suggested. The Washington Post article be printed ‘‘It’s a big deal,’’ said Alfonso Batres, chief ‘‘So I went,’’ she said of a place so familiar in the RECORD. of the VA’s Office of Readjustment Coun- to her now that counselors have hung a pho- As the War on Terrorism persists, the seling. ‘‘And the families are so grateful that tograph of her son for her to see every time number of veterans seeking readjust- anything is being done.’’ she walks in the door, ‘‘and it ended up being ment counseling and related mental The program, which is free and allows un- the door I needed.’’ limited visits, had 367 participants in con- health services through Vet Centers nection with 252 deaths as of Feb. 1. Eighty- By Mr. BIDEN (for himself, Mr. will continue to grow. Experts predict six of the 367 were spouses, 119 were mothers, SPECTER, Mr. MCCONNELL, Mrs. that as many as 30 percent of those re- 64 were fathers, 60 were siblings, 37 were chil- turning servicemembers may need psy- dren and one was a grandparent. MURRAY, Mr. DAYTON, Mr. chiatric care. For these returning serv- Batres says the numbers would be higher, CHAMBLISS, Mr. CORZINE, and icemembers who have suffered psycho- but privacy concerns prohibit counselors Ms. CANTWELL): logical wounds, the stigma surrounding from contacting people to see whether they S. 718. A bill to amend title I of the are interested in getting help. Instead, ini- Omnibus Crime Control and Safe these types of wounds creates a barrier tial contact must come from the family that often times prevents them from Streets Act of 1968 to provide standards members. and procedures to guide both State and seeking the care they need. Vet Cen- Typically, relatives are referred to the pro- ters, which have licensed mental gram by military casualty-assistance offi- local law enforcement agencies and law health professionals, provide a means cers, who are the ones to notify them of the enforcement officers during internal to overcome this barrier because of the death of their loved ones. A civilian organi- investigations, interrogation of law en- center’s location in the community and zation called TAPS, the Tragedy Assistance forcement officers, and administrative because veteran staff members can re- Program for Survivors, which offers around- disciplinary hearings, and to ensure ac- the-clock grief counseling and peer support— countability of law enforcement offi- late to the experiences of the veterans but does not have professionally trained seeking services. In 2004, Vet Centers cers, to guarantee the due process counselors as at a vet center—also refers rights of law enforcement officers, and cared for 9,597 OEF/OIF veterans and people to the program. 2005 projections are that Vet Centers ‘‘It’s really, really significant,’’ TAPS to require States to enact law enforce- will see 12,656 OEF/OIF veterans. founder and chairman Bonnie Carroll said of ment discipline, accountability, and Despite increases in the number of the VA’s decision to treat family members. due process laws; to the Committee on veterans coming for care to Vet Cen- ‘‘From our perspective, it has just been revo- the Judiciary. lutionary.’’ Mr. BIDEN. Mr. President, I rise to ters, the budget for the program has re- Batres says that implementing the pro- mained stagnant. This legislation introduce the State and Local Law En- gram has not been problem-free. Especially forcement Discipline, Accountability, would authorize funding for the pro- in the early months, he says, some coun- gram from $93 million to $180 million. selors complained that they already had and Due Process Act of 2005, along with We must make the readjustment pe- more to do than they could handle. Others Senator SPECTER, Senator MCCONNELL, riod for the returning service members were concerned that expanding the centers’ Senator CHAMBLISS, Senator DAYTON, and the surviving family members of mandate to non-veterans could create a bad Senator MURRAY, Senator CORZINE, and deceased servicemembers as smooth as precedent. Senator CANTWELL. The provisional status of the program has These are trying times for the men possible. also been unsettling to some. Batres says he There being no objection, the mate- and women on our front lines who pro- had hoped to get the program authorized by vide our domestic security and public rial was ordered to be printed in the Congress, which would have given it a sense RECORD, as follows: of permanence, but instead it was approved safety—our Nation’s law enforcement [From the Washington Post, Feb. 24, 2005] as an unfunded initiative at the discretion of personnel. In fact, our men and women the secretary of the VA. in blue are facing what I have called a VA PROGRAM OFFERS SOLACE TO CIVILIANS Nonetheless, Batres says, as the months perfect storm. First, they are being (By David Finkel) have gone by, the nature of the work has called upon to undertake more respon- Her son had been killed in Iraq, and Hope changed the misgivings of his staff into a sibilities than ever before. They are Veverka needed someone to talk to. shared sense of mission. ‘‘It’s akin to going being required to undertake homeland ‘‘It was so horrific, the pain,’’ said to a disaster site’’ is how he describes the Veverka, the mother of Army Pfc. Brandon work. ‘‘This is a death site. It’s almost like security duties that weren’t required Sapp, who died in August when he drove his going into a sacred place.’’ before September 11, and, at the same vehicle over a remote-controlled bomb. ‘‘I Joe Griffis, a counselor at the vet center in time, the FBI is reprogramming its didn’t want it to destroy me.’’ Lake Worth, Fla., agrees that this first ven- field agents from crime to terrorism

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3284 CONGRESSIONAL RECORD — SENATE April 6, 2005 cases. While I don’t disagree that this cials to engage in political activities SECTION 1. SHORT TITLE. shift in resources is appropriate, it un- when they are off-duty. Second, it pro- This Act may be cited as the ‘‘State and doubtedly leaves a gap in law enforce- vides standards and procedures to Local Law Enforcement Discipline, Account- ability, and Due Process Act of 2005’’. ment efforts to combat drugs and guide State and local law enforcement SEC. 2. FINDINGS AND DECLARATION OF PUR- crime, and State and local agencies agencies during internal investiga- POSE AND POLICY. must fill this gap. At the same time, tions, interrogations, and administra- (a) FINDINGS.—Congress finds that— budget shortages at the local level are tive disciplinary hearings. Addition- (1) the rights of law enforcement officers to forcing personnel lay-offs, an increas- ally, it calls upon States to develop engage in political activity or to refrain ing use of overtime to meet demand, and enforce these disciplinary proce- from engaging in political activity, except and the forced elimination of critical when on duty, or to run as candidates for dures. The bill would preempt State public office, unless such service is found to crime prevention programs. Local law laws which confer fewer rights than be in conflict with their service as officers, enforcement is struggling to keep up those provided for in the legislation, are activities protected by the first amend- with service calls. To add insult to in- but it would not preempt any State or ment of the United States Constitution, as jury, Federal assistance for State and local laws that confer rights or protec- applied to the States through the 14th local law enforcement has been reduced tions that are equal to or exceed the amendment of the United States Constitu- by billions over the last 2 years—with rights and protections afforded in the tion, but these rights are often violated by the proposed elimination of the COPS bill. For example, my own State of the management of State and local law en- hiring program—a proven initiative forcement agencies; Delaware has a law enforcement offi- (2) a significant lack of due process rights that has been hailed as one of the keys cers’ bill of rights, and those proce- of law enforcement officers during internal to the crime-drop of the nineties. Quite dures would not be impacted by the investigations and disciplinary proceedings simply, we are asking law enforcement provisions of this bill. has resulted in a loss of confidence in these to do more with less, and I believe that This bill will also include important processes by many law enforcement officers, public safety is being compromised as a including those unfairly targeted for their provisions that will enhance the ability result of Congress’s unfortunate labor organization activities or for their ag- of citizens to hold their local police de- choices on the Federal budget. gressive enforcement of the laws, demor- We may argue about the Federal re- partments accountable. The legislation alizing many rank and file officers in com- sponsibility to provide financial assist- includes provisions that will ensure munities and States; (3) unfair treatment of officers has poten- ance to State and local law enforce- citizen complaints against police offi- cers are investigated and that citizens tially serious long-term consequences for ment, however, few will dispute the law enforcement by potentially deterring or sacrifices that our men and women in are informed of the outcome of these investigations. The bill balances the otherwise preventing officers from carrying law enforcement make for our nation. out their duties and responsibilities effec- Indeed, they face one of the most dif- rights of police officers with the rights tively and fairly; ficult work environments imaginable— of citizens to raise valid concerns (4) the lack of labor-management coopera- an average of 165 police officers are about the conduct of some of these offi- tion in disciplinary matters and either the killed in the line of duty every year. cers. In addition, I have consulted with perception or the actuality that officers are not treated fairly detrimentally impacts the Our Nation’s law enforcement officers constitutional experts who have opined that the bill is consistent with Con- recruitment of and retention of effective of- put themselves in harms way on a ficers, as potential officers and experienced daily basis to ensure the safety of their gress’ powers under the Commerce Clause and that it does not run afoul of officers seek other careers, which has serious fellow citizens and the domestic secu- implications and repercussions for officer rity of our Nation. Nevertheless, many the Supreme Court’s Tenth Amend- morale, public safety, and labor-manage- times these brave officers do not re- ment jurisprudence. ment relations and strife and can affect ceive basic rights if they become in- I would also like to note that I un- interstate and intrastate commerce, inter- volved in internal police investigations derstand the objections that many fering with the normal flow of commerce; (5) there are serious implications for the or administrative hearings. According management groups, including the International Association of Chiefs of public safety of the citizens and residents of to the National Association of Police the United States which threatens the do- Organizations, ‘‘[i]n roughly half of the Police, have to this measure. I have mestic tranquility of the United States be- states in this country, officers enjoy discussed this with them, and I’ve cause of a lack of statutory protections to some legal protections against false ac- pledged that their views will be heard ensure— cusations and abusive conduct, but and considered as this bill is debated in (A) the due process and political rights of hundreds of thousands of officers have Congress. It is my view that we must law enforcement officers; very limited due process rights and bridge this gap. Without a meeting of (B) fair and thorough internal investiga- tions and interrogations of and disciplinary confront limitations on their exercise the minds between police management and union officials, the enactment of a proceedings against law enforcement offi- of other rights, such as the right to en- cers; and gage in political activities.’’ Similarly, meaningful law enforcement officers’ (C) effective procedures for receipt, review, the Fraternal Order of Police notes bill of rights will be difficult. Law en- and investigation of complaints against offi- that, ‘‘[i]n a startling number of juris- forcement officials are facing unprece- cers, fair to both officers and complainants; dictions throughout this country, law dented challenges, and management and enforcement officers have no proce- and labor simply must work together (6) resolving these disputes and problems dural or administrative protections on this issue and the numerous other and preventing the disruption of vital police services is essential to the well-being of the whatsoever; in fact, they can be, and issues facing the law enforcement com- munity. United States and the domestic tranquility frequently are, summarily dismissed of the Nation. from their jobs without explanation. I urge my colleagues to join Senators (b) DECLARATION OF POLICY.—Congress de- Officers who lose their careers due to SPECTER, MCCONNELL, CHAMBLISS, DAY- clares that it is the purpose of this Act and administrative or political expediency TON, MURRAY, CORZINE, CANTWELL, and the policy of the United States to— almost always find it impossible to find me in providing all of the Nation’s law (1) protect the due process and political new employment in public safety. An enforcement officers with the basic rights of State and local law enforcement of- ficers and ensure equality and fairness of officer’s reputation, once tarnished by rights they deserve. treatment among such officers; accusation, is almost impossible to re- I ask unanimous consent that the (2) provide continued police protection to store.’’ text of the bill be printed in the the general public; The legislation that we introduce RECORD. (3) provide for the general welfare and en- today, which is endorsed by the Fra- sure domestic tranquility; and There being no objection, the bill was ternal Order of Police and of the Na- (4) prevent any impediments to the free ordered to be printed in the RECORD tional Association of Police Organiza- , as flow of commerce, under the rights guaran- tions, seeks to provide officers with follows: teed under the United States Constitution certain basic protections in those juris- S. 718 and Congress’ authority thereunder. SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE dictions where such workplace protec- Be it enacted by the Senate and House of Rep- PROCESS OF OFFICERS. tions are not currently provided. First, resentatives of the United States of America in (a) IN GENERAL.—Part H of title I of the this bill allows law enforcement offi- Congress assembled, Omnibus Crime Control and Safe Streets Act

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of 1968 (42 U.S.C. 3781 et seq.) is amended by constitutional provision, after consultation ‘‘(B) EXCEPTION.—Subparagraph (A) does adding at the end the following: with the counsel or representative of that of- not apply if— ‘‘SEC. 820. DISCIPLINE, ACCOUNTABILITY, AND ficer. ‘‘(i) the law enforcement agency deter- DUE PROCESS OF STATE AND LOCAL ‘‘(b) APPLICABILITY.— mines from the face of the complaint that LAW ENFORCEMENT OFFICERS. ‘‘(1) IN GENERAL.—This section sets forth each allegation does not constitute a viola- ‘‘(a) DEFINITIONS.—In this section: the due process rights, including procedures, tion of law; or ‘‘(1) DISCIPLINARY ACTION.—The term ‘dis- that shall be afforded a law enforcement offi- ‘‘(ii) the complainant fails to comply sub- ciplinary action’ means any adverse per- cer who is the subject of an investigation or stantially with the complaint procedure of sonnel action, including suspension, reduc- disciplinary hearing. the law enforcement agency established tion in pay, rank, or other employment ben- ‘‘(2) NONAPPLICABILITY.—This section does under this section. efit, dismissal, transfer, reassignment, un- not apply in the case of— ‘‘(3) COMPLAINANT OR VICTIM CONFLICT OF reasonable denial of secondary employment, ‘‘(A) an investigation of specifically al- INTEREST.—The complainant or victim of the or similar punitive action taken against a leged conduct by a law enforcement officer alleged violation of law giving rise to an in- law enforcement officer. that, if proven, would constitute a violation vestigation under this subsection may not ‘‘(2) DISCIPLINARY HEARING.—The term ‘dis- of a statute providing for criminal penalties; conduct or supervise the investigation or ciplinary hearing’ means an administrative or serve as an investigator. hearing initiated by a law enforcement agen- ‘‘(B) a nondisciplinary action taken in ‘‘(e) NOTICE OF INVESTIGATION.— cy against a law enforcement officer, based good faith on the basis of the employment ‘‘(1) IN GENERAL.—Any law enforcement of- on an alleged violation of law, that, if prov- related performance of a law enforcement of- ficer who is the subject of an investigation en, would subject the law enforcement offi- ficer. shall be notified of the investigation 24 hours cer to disciplinary action. before the commencement of questioning of ‘‘(c) POLITICAL ACTIVITY.— ‘‘(3) EMERGENCY SUSPENSION.—The term such officer or to otherwise being required to ‘‘(1) RIGHT TO ENGAGE OR NOT TO ENGAGE IN ‘emergency suspension’ means the tem- provide information to an investigating POLITICAL ACTIVITY.—Except when on duty or porary action by a law enforcement agency agency. acting in an official capacity, a law enforce- of relieving a law enforcement officer from ‘‘(2) CONTENTS OF NOTICE.—Notice given the active performance of law enforcement ment officer shall not be prohibited from en- under paragraph (1) shall include— duties without a reduction in pay or benefits gaging in political activity or be denied the ‘‘(A) the nature and scope of the investiga- when the law enforcement agency, or an offi- right to refrain from engaging in political tion; cial within that agency, determines that activity. ‘‘(B) a description of any allegation con- there is probable cause, based upon the con- ‘‘(2) RIGHT TO RUN FOR ELECTIVE OFFICE.—A tained in a written complaint; duct of the law enforcement officer, to be- law enforcement officer shall not be— ‘‘(C) a description of each violation of law lieve that the law enforcement officer poses ‘‘(A) prohibited from being a candidate for alleged in the complaint for which suspicion an immediate threat to the safety of that of- an elective office or from serving in such an exists that the officer may have engaged in ficer or others or the property of others. elective office, solely because of the status of conduct that may subject the officer to dis- ‘‘(4) INVESTIGATION.—The term ‘investiga- the officer as a law enforcement officer; or ciplinary action; and tion’— ‘‘(B) required to resign or take an unpaid ‘‘(D) the name, rank, and command of the ‘‘(A) means an action taken to determine leave from employment with a law enforce- officer or any other individual who will be whether a law enforcement officer violated a ment agency to be a candidate for an elec- conducting the investigation. law by a public agency or a person employed tive office or to serve in an elective office, ‘‘(f) RIGHTS OF LAW ENFORCEMENT OFFICERS by a public agency, acting alone or in co- unless such service is determined to be in PRIOR TO AND DURING QUESTIONING INCI- operation with or at the direction of another conflict with or incompatible with service as DENTAL TO AN INVESTIGATION.—If a law en- agency, or a division or unit within another a law enforcement officer. forcement officer is subjected to questioning agency, regardless of a denial by such an ‘‘(3) ADVERSE PERSONNEL ACTION.—An ac- incidental to an investigation that may re- agency that any such action is not an inves- tion by a public agency against a law en- sult in disciplinary action against the offi- tigation; and forcement officer, including requiring the of- cer, the following minimum safeguards shall ‘‘(B) includes— ficer to take unpaid leave from employment, apply: ‘‘(i) asking questions of any other law en- in violation of this subsection shall be con- ‘‘(1) COUNSEL AND REPRESENTATION.— forcement officer or non-law enforcement of- sidered an adverse personnel action within ‘‘(A) IN GENERAL.—Any law enforcement of- ficer; the meaning of subsection (a)(1). ficer under investigation shall be entitled to ‘‘(ii) conducting observations; ‘‘(d) EFFECTIVE PROCEDURES FOR RECEIPT, effective counsel by an attorney or represen- ‘‘(iii) reviewing and evaluating reports, REVIEW, AND INVESTIGATION OF COMPLAINTS tation by any other person who the officer records, or other documents; and AGAINST LAW ENFORCEMENT OFFICERS.— chooses, such as an employee representative, ‘‘(iv) examining physical evidence. ‘‘(1) COMPLAINT PROCESS.—Not later than 1 or both, immediately before and during the ‘‘(5) LAW ENFORCEMENT OFFICER.—The year after the effective date of this section, entire period of any questioning session, un- terms ‘law enforcement officer’ and ‘officer’ each law enforcement agency shall adopt and less the officer consents in writing to being have the meaning given the term ‘law en- comply with a written complaint procedure questioned outside the presence of counsel or forcement officer’ in section 1204, except the that— representative. term does not include a law enforcement of- ‘‘(A) authorizes persons from outside the ‘‘(B) PRIVATE CONSULTATION.—During the ficer employed by the United States, or any law enforcement agency to submit written course of any questioning session, the officer department, agency, or instrumentality complaints about a law enforcement officer shall be afforded the opportunity to consult thereof. to— privately with counsel or a representative, if ‘‘(6) PERSONNEL RECORD.—The term ‘per- ‘‘(i) the law enforcement agency employing such consultation does not repeatedly and sonnel record’ means any document, whether the law enforcement officer; or unnecessarily disrupt the questioning period. in written or electronic form and irrespec- ‘‘(ii) any other law enforcement agency ‘‘(C) UNAVAILABILITY OF COUNSEL.—If the tive of location, that has been or may be charged with investigating such complaints; counsel or representative of the law enforce- used in determining the qualifications of a ‘‘(B) sets forth the procedures for the in- ment officer is not available within 24 hours law enforcement officer for employment, vestigation and disposition of such com- of the time set for the commencement of any promotion, transfer, additional compensa- plaints; questioning of that officer, the investigating tion, termination or any other disciplinary ‘‘(C) provides for public access to required law enforcement agency shall grant a rea- action. forms and other information concerning the sonable extension of time for the law en- ‘‘(7) PUBLIC AGENCY AND LAW ENFORCEMENT submission and disposition of written com- forcement officer to obtain counsel or rep- AGENCY.—The terms ‘public agency’ and ‘law plaints; and resentation. enforcement agency’ each have the meaning ‘‘(D) requires notification to the complain- ‘‘(2) REASONABLE HOURS AND TIME.—Any given the term ‘public agency’ in section ant in writing of the final disposition of the questioning of a law enforcement officer 1204, except the terms do not include the complaint and the reasons for such disposi- under investigation shall be conducted at a United States, or any department, agency, or tion. reasonable time when the officer is on duty, instrumentality thereof. ‘‘(2) INITIATION OF AN INVESTIGATION.— unless exigent circumstances compel more ‘‘(8) SUMMARY PUNISHMENT.—The term ‘‘(A) IN GENERAL.—Except as provided in immediate questioning, or the officer agrees ‘summary punishment’ means punishment subparagraph (B), an investigation based on in writing to being questioned at a different imposed— a complaint from outside the law enforce- time, subject to the requirements of sub- ‘‘(A) for a violation of law that does not re- ment agency shall commence not later than sections (e) and paragraph (1). sult in any disciplinary action; or 15 days after the receipt of the complaint ‘‘(3) PLACE OF QUESTIONING.—Unless the of- ‘‘(B) for a violation of law that has been by— ficer consents in writing to being questioned negotiated and agreed upon by the law en- ‘‘(i) the law enforcement agency employing elsewhere, any questioning of a law enforce- forcement agency and the law enforcement the law enforcement officer against whom ment officer under investigation shall take officer, based upon a written waiver by the the complaint has been made; or place— officer of the rights of that officer under sub- ‘‘(ii) any other law enforcement agency ‘‘(A) at the office of the individual con- section (i) and any other applicable law or charged with investigating such a complaint. ducting the investigation on behalf of the

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3286 CONGRESSIONAL RECORD — SENATE April 6, 2005 law enforcement agency employing the offi- graph (1), and before the filing of any charge analyses, and electronically recorded infor- cer under investigation; or seeking the discipline of such officer or the mation that— ‘‘(B) the place at which the officer under commencement of any disciplinary pro- ‘‘(i) contain exculpatory information; investigation reports for duty. ceeding under subsection (h), the law en- ‘‘(ii) are intended to support any discipli- ‘‘(4) IDENTIFICATION OF QUESTIONER.—Before forcement officer who was the subject of the nary action; or the commencement of any questioning, a law investigation may submit a written response ‘‘(iii) are to be introduced in the discipli- enforcement officer under investigation shall to the findings and recommendations in- nary hearing. be informed of— cluded in the notification. ‘‘(6) EXAMINATION OF PHYSICAL EVIDENCE.— ‘‘(A) the name, rank, and command of the ‘‘(B) CONTENTS OF RESPONSE.—The response Unless waived in writing by the law enforce- officer or other individual who will conduct submitted under subparagraph (A) may in- ment officer or the counsel or representative the questioning; and clude references to additional documents, of that officer— ‘‘(B) the relationship between the indi- physical objects, witnesses, or any other in- ‘‘(A) not later than 15 days before a dis- vidual conducting the questioning and the formation that the law enforcement officer ciplinary hearing, the prosecuting agency law enforcement agency employing the offi- believes may provide exculpatory evidence. shall notify the law enforcement officer or cer under investigation. ‘‘(h) DISCIPLINARY HEARINGS.— the counsel or representative of that officer ‘‘(5) SINGLE QUESTIONER.—During any sin- ‘‘(1) NOTICE OF OPPORTUNITY FOR HEARING.— of all physical, non-documentary evidence; gle period of questioning of a law enforce- Except in a case of summary punishment or and ment officer under investigation, each ques- emergency suspension (subject to subsection ‘‘(B) not later than 10 days before a dis- tion shall be asked by or through 1 indi- (k)), before the imposition of any discipli- ciplinary hearing, the prosecuting agency vidual. nary action the law enforcement agency shall provide a reasonable date, time, place, ‘‘(6) REASONABLE TIME PERIOD.—Any ques- shall notify the officer that the officer is en- and manner for the law enforcement officer tioning of a law enforcement officer under titled to a due process hearing by an inde- or the counsel or representative of the law investigation shall be for a reasonable period pendent and impartial hearing officer or enforcement officer to examine the evidence of time and shall allow reasonable periods board. described in subparagraph (A). for the rest and personal necessities of the ‘‘(2) REQUIREMENT OF DETERMINATION OF ‘‘(7) IDENTIFICATION OF WITNESSES.—Unless officer and the counsel or representative of VIOLATION.—No disciplinary action may be waived in writing by the law enforcement of- the officer, if such person is present. taken against a law enforcement officer un- ficer or the counsel or representative of the ‘‘(7) NO THREATS, FALSE STATEMENTS, OR less an independent and impartial hearing officer, not later than 15 days before a dis- PROMISES TO BE MADE.— officer or board determines, after a hearing ciplinary hearing, the prosecuting agency ‘‘(A) IN GENERAL.—Except as provided in and in accordance with the requirements of shall notify the law enforcement officer or subparagraph (B), no threat against, false or this subsection, that the law enforcement of- the counsel or representative of the officer, misleading statement to, harassment of, or ficer committed a violation of law. of the name and address of each witness for promise of reward to a law enforcement offi- ‘‘(3) TIME LIMIT.—No disciplinary charge the law enforcement agency employing the cer under investigation shall be made to in- may be brought against a law enforcement law enforcement officer. duce the officer to answer any question, give officer unless— ‘‘(8) REPRESENTATION.—During a discipli- any statement, or otherwise provide infor- ‘‘(A) the charge is filed not later than the nary hearing, the law enforcement officer mation. earlier of— who is the subject of the hearing shall be en- ‘‘(B) EXCEPTION.—The law enforcement ‘‘(i) 1 year after the date on which the law titled to due process, including— agency employing a law enforcement officer enforcement agency filing the charge had ‘‘(A) the right to be represented by counsel under investigation may require the officer knowledge or reasonably should have had or a representative; to make a statement relating to the inves- knowledge of an alleged violation of law; or ‘‘(B) the right to confront and examine all tigation by explicitly threatening discipli- ‘‘(ii) 90 days after the commencement of an witnesses against the officer; and nary action, including termination, only if— investigation; or ‘‘(C) the right to call and examine wit- ‘‘(i) the officer has received a written grant ‘‘(B) the requirements of this paragraph nesses on behalf of the officer. of use and derivative use immunity or trans- are waived in writing by the officer or the ‘‘(9) HEARING BOARD AND PROCEDURE.— actional immunity by a person authorized to counsel or representative of the officer. ‘‘(A) IN GENERAL.—A State or local govern- grant such immunity; and ‘‘(4) NOTICE OF HEARING.—Unless waived in ment agency, other than the law enforce- ‘‘(ii) the statement given by the law en- writing by the officer or the counsel or rep- ment agency employing the officer who is forcement officer under such an immunity resentative of the officer, not later than 30 subject of the disciplinary hearing, shall— may not be used in any subsequent criminal days after the filing of a disciplinary charge ‘‘(i) determine the composition of an inde- proceeding against that officer. against a law enforcement officer, the law pendent and impartial disciplinary hearing ‘‘(8) RECORDING.— enforcement agency filing the charge shall board; ‘‘(A) IN GENERAL.—All questioning of a law provide written notification to the law en- ‘‘(ii) appoint an independent and impartial enforcement officer under an investigation forcement officer who is the subject of the hearing officer; and shall be recorded in full, in writing or by charge, of— ‘‘(iii) establish such procedures as may be electronic device, and a copy of the tran- ‘‘(A) the date, time, and location of any necessary to comply with this section. script shall be provided to the officer under disciplinary hearing, which shall be sched- ‘‘(B) PEER REPRESENTATION ON DISCIPLINARY investigation before any subsequent period uled in cooperation with the law enforce- HEARING BOARD.—A disciplinary hearing of questioning or the filing of any charge ment officer, or the counsel or representa- board that includes employees of the law en- against that officer. tive of the officer, and which shall take place forcement agency employing the law en- ‘‘(B) SEPARATE RECORDING.—To ensure the not earlier than 30 days and not later than 60 forcement officer who is the subject of the accuracy of the recording, an officer may days after notification of the hearing is hearing, shall include not less than 1 law en- utilize a separate electronic recording de- given to the law enforcement officer under forcement officer of equal or lesser rank to vice, and a copy of any such recording (or investigation; the officer who is the subject of the hearing. the transcript) shall be provided to the pub- ‘‘(B) the name and mailing address of the ‘‘(10) SUMMONSES AND SUBPOENAS.— lic agency conducting the questioning, if independent and impartial hearing officer, or ‘‘(A) IN GENERAL.—The disciplinary hearing that agency so requests. the names and mailing addresses of the inde- board or independent hearing officer— ‘‘(9) USE OF HONESTY TESTING DEVICES PRO- pendent and impartial hearing board mem- ‘‘(i) shall have the authority to issue sum- HIBITED.—No law enforcement officer under bers; and monses or subpoenas, on behalf of— investigation may be compelled to submit to ‘‘(C) the name, rank, command, and ad- ‘‘(I) the law enforcement agency employing the use of a lie detector, as defined in section dress of the law enforcement officer pros- the officer who is the subject of the hearing; 2 of the Employee Polygraph Protection Act ecuting the matter for the law enforcement or of 1988 (29 U.S.C. 2001). agency, or the name, position, and mailing ‘‘(II) the law enforcement officer who is the ‘‘(g) NOTICE OF INVESTIGATIVE FINDINGS AND address of the person prosecuting the matter subject of the hearing; and DISCIPLINARY RECOMMENDATION AND OPPOR- for a public agency, if the prosecutor is not ‘‘(ii) upon written request of either the law TUNITY TO SUBMIT A WRITTEN RESPONSE.— a law enforcement officer. enforcement agency or the officer, shall ‘‘(1) NOTICE.—Not later than 30 days after ‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND issue a summons or subpoena, as appro- the conclusion of an investigation under this INVESTIGATIVE FILE.—Unless waived in writ- priate, to compel the appearance and testi- section, the person in charge of the inves- ing by the law enforcement officer or the mony of a witness or the production of docu- tigation or the designee of that person shall counsel or representative of that officer, not mentary evidence. notify the law enforcement officer who was later than 15 days before a disciplinary hear- ‘‘(B) EFFECT OF FAILURE TO COMPLY WITH the subject of the investigation, in writing, ing described in paragraph (4)(A), the law en- SUMMONS OR SUBPOENA.—With respect to any of the investigative findings and any rec- forcement officer shall be provided with— failure to comply with a summons or a sub- ommendations for disciplinary action. ‘‘(A) a copy of the complete file of the pre- poena issued under subparagraph (A)— ‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE- disciplinary investigation; and ‘‘(i) the disciplinary hearing officer or SPONSE.— ‘‘(B) access to and, if so requested, copies board shall petition a court of competent ju- ‘‘(A) IN GENERAL.—Not later than 30 days of all documents, including transcripts, risdiction to issue an order compelling com- after receipt of a notification under para- records, written statements, written reports, pliance; and

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3287 ‘‘(ii) subsequent failure to comply with hearing is found not to have committed the right afforded by, the Constitution of the such a court order issued pursuant to a peti- alleged violation— United States, a State constitution, this sec- tion under clause (i) shall— ‘‘(A) the matter is concluded; tion, or any administrative rule or regula- ‘‘(I) be subject to contempt of a court pro- ‘‘(B) no disciplinary action may be taken tion promulgated pursuant thereto, may file ceedings according to the laws of the juris- against the officer; suit in any Federal or State court of com- diction within which the disciplinary hear- ‘‘(C) the personnel record of that officer petent jurisdiction for declaratory or injunc- ing is being conducted; and shall not contain any reference to the charge tive relief to prohibit the law enforcement ‘‘(II) result in the recess of the disciplinary for which the officer was found not guilty; agency from violating or otherwise denying hearing until the witness becomes available and such right, and such court shall have juris- to testify and does testify or is held in con- ‘‘(D) any pay and benefits lost or deferred diction, for cause shown, to restrain such a tempt. during the pendency of the disposition of the violation or denial. ‘‘(11) CLOSED HEARING.—A disciplinary charge shall be restored to the officer as ‘‘(o) PROTECTION OF LAW ENFORCEMENT OF- hearing shall be closed to the public unless though no charge had ever been filed against FICER PERSONNEL FILES.— the law enforcement officer who is the sub- the officer, including salary or regular pay, ‘‘(1) RESTRICTIONS ON ADVERSE MATERIAL ject of the hearing requests, in writing, that vacation, holidays, longevity pay, education MAINTAINED IN OFFICERS’ PERSONNEL the hearing be open to specified individuals incentive pay, shift differential, uniform al- RECORDS.— or to the general public. lowance, lost overtime, or other premium ‘‘(A) IN GENERAL.—Unless the officer has ‘‘(12) RECORDING.—All aspects of a discipli- pay opportunities, and lost promotional op- had an opportunity to review and comment, nary hearing, including pre-hearing motions, portunities. in writing, on any adverse material gen- shall be recorded by audio tape, video tape, ‘‘(19) COMMISSION OF A VIOLATION.— erated after the effective date of the State or transcription. ‘‘(A) IN GENERAL.—If the officer who is the and Local Law Enforcement Discipline, Ac- ‘‘(13) SEQUESTRATION OF WITNESSES.—Either subject of the charge is found to have com- countability, and Due Process Act of 2005 to side in a disciplinary hearing may move for mitted the alleged violation, the hearing of- be included in a personnel record relating to and be entitled to sequestration of witnesses. ficer or board shall make a written rec- the officer, no law enforcement agency or ‘‘(14) TESTIMONY UNDER OATH.—The hearing ommendation of a penalty to the law en- other governmental entity may— officer or board shall administer an oath or forcement agency employing the officer or ‘‘(i) include the adverse material in that affirmation to each witness, who shall tes- any other governmental entity that has final personnel record; or tify subject to the laws of perjury of the disciplinary authority, as provided by appli- ‘‘(ii) possess or maintain control over the State in which the disciplinary hearing is cable State or local law. adverse material in any form as a personnel being conducted. ‘‘(B) PENALTY.—The employing agency or record within the law enforcement agency or ‘‘(15) FINAL DECISION ON EACH CHARGE.— other governmental entity may not impose a elsewhere in the control of the employing ‘‘(A) IN GENERAL.—At the conclusion of the penalty greater than the penalty rec- governmental entity. presentation of all the evidence and after ommended by the hearing officer or board. ‘‘(B) RESPONSIVE MATERIAL.—Any respon- oral or written argument, the hearing officer ‘‘(20) APPEAL.—Any officer who has been sive material provided by an officer to ad- or board shall deliberate and render a writ- found to have committed an alleged viola- verse material included in a personnel record ten final decision on each charge. tion may appeal from a final decision of a pertaining to the officer shall be— ‘‘(B) FINAL DECISION ISOLATED TO CHARGE hearing officer or hearing board to a court of ‘‘(i) attached to the adverse material; and BROUGHT.—The hearing officer or board may competent jurisdiction or to an independent ‘‘(ii) released to any person or entity to not find that the law enforcement officer neutral arbitrator to the extent available in whom the adverse material is released in ac- who is the subject of the hearing is liable for any other administrative proceeding under cordance with law and at the same time as disciplinary action for any violation of law applicable State or local law, or a collective the adverse material is released. as to which the officer was not charged. bargaining agreement. ‘‘(2) RIGHT TO INSPECTION OF, AND RESTRIC- ‘‘(16) BURDEN OF PERSUASION AND STANDARD ‘‘(i) WAIVER OF RIGHTS.— TIONS ON ACCESS TO INFORMATION IN, THE OFFI- OF PROOF.—The burden of persuasion or ‘‘(1) IN GENERAL.—An officer who is notified CER’S OWN PERSONNEL RECORDS.— standard of proof of the prosecuting agency that the officer is under investigation or is ‘‘(A) IN GENERAL.—Subject to subparagraph shall be— the subject of a charge may, after such noti- (B), a law enforcement officer shall have the ‘‘(A) by clear and convincing evidence as to fication, waive any right or procedure guar- right to inspect all of the personnel records each charge alleging false statement or rep- anteed by this section. of the officer not less than annually. resentation, fraud, dishonesty, deceit, moral ‘‘(2) WRITTEN WAIVER.—A written waiver ‘‘(B) RESTRICTIONS.—A law enforcement of- turpitude, or criminal behavior on the part under this subsection shall be— ficer shall not have access to information in of the law enforcement officer who is the ‘‘(A) in writing; and the personnel records of the officer if the in- subject of the charge; and ‘‘(B) signed by— formation— ‘‘(B) by a preponderance of the evidence as ‘‘(i) the officer, who shall have consulted ‘‘(i) relates to the investigation of alleged to all other charges. with counsel or a representative before sign- conduct that, if proven, would constitute or ‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID- ing any such waiver; or have constituted a definite violation of a ERED BY THE HEARING OFFICER OR BOARD.—A ‘‘(ii) the counsel or representative of the statute providing for criminal penalties, but law enforcement officer who is the subject of officer, if expressly authorized by subsection as to which no formal charge was brought; a disciplinary hearing shall not be found (h). ‘‘(ii) contains letters of reference for the ‘‘(j) SUMMARY PUNISHMENT.—Nothing in guilty of any charge or subjected to any dis- officer; this section shall preclude a public agency ciplinary action unless the disciplinary hear- ‘‘(iii) contains any portion of a test docu- from imposing summary punishment. ing board or independent hearing officer ment other than the results; ‘‘(k) EMERGENCY SUSPENSION.—Nothing in ‘‘(iv) is of a personal nature about another finds that— this section may be construed to preclude a officer, and if disclosure of that information ‘‘(A) the officer who is the subject of the law enforcement agency from imposing an in non-redacted form would constitute a charge could reasonably be expected to have emergency suspension on a law enforcement clearly unwarranted intrusion into the pri- had knowledge of the probable consequences officer, except that any such suspension vacy rights of that other officer; or of the alleged conduct set forth in the charge shall— ‘‘(v) is relevant to any pending claim against the officer; ‘‘(1) be followed by a hearing in accordance brought by or on behalf of the officer against ‘‘(B) the rule, regulation, order, or proce- with the requirements of subsection (h); and the employing agency of that officer that dure that the officer who is the subject of ‘‘(2) not deprive the affected officer of any may be discovered in any judicial or admin- the charge allegedly violated is reasonable; pay or benefit. istrative proceeding between the officer and ‘‘(C) the charging party, before filing the ‘‘(l) RETALIATION FOR EXERCISING RIGHTS.— charge, made a reasonable, fair, and objec- There shall be no imposition of, or threat of, the employer of that officer. tive effort to discover whether the officer did disciplinary action or other penalty against ‘‘(p) STATES’ RIGHTS.— in fact violate the rule, regulation, order, or a law enforcement officer for the exercise of ‘‘(1) IN GENERAL.—Nothing in this section procedure as charged; any right provided to the officer under this may be construed— ‘‘(D) the charging party did not conduct section. ‘‘(A) to preempt any State or local law, or the investigation arbitrarily or unfairly, or ‘‘(m) OTHER REMEDIES NOT IMPAIRED.— any provision of a State or local law, in ef- in a discriminatory manner, against the offi- Nothing in this section may be construed to fect on the date of enactment of the State cer who is the subject of the charge, and the impair any other right or remedy that a law and Local Law Enforcement Discipline, Ac- charge was brought in good faith; and enforcement officer may have under any con- countability, and Due Process Act of 2005, ‘‘(E) the proposed disciplinary action rea- stitution, statute, ordinance, order, rule, that confers a right or a protection that sonably relates to the seriousness of the al- regulation, procedure, written policy, collec- equals or exceeds the right or protection af- leged violation and to the record of service tive bargaining agreement, or any other forded by this section; or of the officer who is the subject of the source. ‘‘(B) to prohibit the enactment of any charge. ‘‘(n) DECLARATORY OR INJUNCTIVE RELIEF.— State or local law that confers a right or ‘‘(18) NO COMMISSION OF A VIOLATION.—If the A law enforcement officer who is aggrieved protection that equals or exceeds a right or officer who is the subject of the disciplinary by a violation of, or is otherwise denied any protection afforded by this section.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3288 CONGRESSIONAL RECORD — SENATE April 6, 2005 ‘‘(2) STATE OR LOCAL LAWS PREEMPTED.—A potential alignments as well as the ADHS North-South Corridor O and Cor- State or local law, or any provision of a projected economic benefits and the so- ridor N from Pennsylvania to the State or local law, that confers fewer rights cial, transportation and environmental North. Currently ARC Corridors O & N or provides less protection for a law enforce- impacts of upgrading north-south cor- dead end at I–68, and the closest inter- ment officer than any provision in this sec- tion shall be preempted by this section. ridors, six years ago, I helped secure a state quality road continuing south is ‘‘(q) COLLECTIVE BARGAINING AGREE- grant from the Federal Highway Ad- I–81 seventy miles east, or I–79 that is MENTS.—Nothing in this section may be con- ministration to support a multi-state seventy miles to the west. The new Ap- strued to— study. That study was completed in palachian highway would also provide ‘‘(1) preempt any provision in a mutually 2001 and identified two corridors as important linkages to the bi-State, agreed-upon collective bargaining agree- having the greatest potential for bene- Maryland and West Virginia, Greater ment, in effect on the date of enactment of fiting Appalachian economic develop- Cumberland Airport, rail facilities in the State and Local Law Enforcement Dis- ment the US 219 Corridor in the north the area, and population centers of cipline, Accountability, and Due Process Act from I–68 in Maryland to the Pennsyl- of 2005, that provides for substantially the Cumberland, Maryland, Keyser, West same or a greater right or protection af- vania Turnpike and the US 220 Corridor Virginia, Romney, West Virginia, and forded under this section; or in south from Corridor H in West Vir- Moorefield, West Virginia. ‘‘(2) prohibit the negotiation of any addi- ginia to I–68 in Maryland. The study The Congress recognized the need to tional right or protection for an officer who also found that upgrading US 220 South help bring the Appalachian Region into is subject to any collective bargaining agree- of Interstate 68 would support the larg- the mainstream of the American econ- ment.’’. est number of potential new jobs, 7,800– omy in 1965 when it created the Appa- (b) TECHNICAL AMENDMENT.—The table of 8,600 jobs, with the highest relative lachian Region Commission and au- contents of title I of the Omnibus Crime Con- growth—19 percent—of any of the cor- trol and Safe Streets Act of 1968 (42 U.S.C. thorized the Appalachian Development 3711 et seq.) is amended by inserting after ridors and have fewer impacts than the Highway System. Now, some 40 years the item relating to section 819 the fol- alternatives. later, with the original ADHS more lowing: While US 220 north of I–68 is part of than 85 percent complete or under con- ‘‘Sec. 820. Discipline, accountability, and the ADHS, the segment south of the struction, it is time to provide critical due process of State and local interstate is not currently part of the linkages to the east-west ADHS cor- law enforcement officers’’. system, although it serves Appalachia. ridors, population centers, other inter- SEC. 4. PROHIBITION OF FEDERAL CONTROL This area in Allegany County, MD—a modal facilities such as air and rail, OVER STATE AND LOCAL CRIMINAL county that has experienced some of and the existing interstate system and JUSTICE AGENCIES. the highest rates of unemployment and to further boost the region’s oppor- Nothing in this Act or the amendments poverty in the State—has been tar- made by this Act shall be construed to au- tunity to advance towards economic thorize any department, agency, officer, or geted for economic development and parity. I hope that the Congress will employee of the United States to exercise job growth in the ‘‘One Maryland’’ eco- swiftly approve this legislation. any direction, supervision, or control of any nomic development program. Major police force or any criminal justice agency of employers in the area—American By Mr. VITTER: any State or any political subdivision there- Woodmark, Aliant Techsystems and S. 721. A bill to authorize the Sec- of. MeadWestvaco—as well as others that retary of the Army to carry out a pro- SEC. 5. EFFECTIVE DATE. might look at this region for the loca- gram for ecosystem restoration for the The amendments made by this Act shall tion of their next plant currently de- Louisiana Coastal Area, Louisiana; to take effect with respect to each State on the pend on a two-lane roadway running the Committee on Environment and earlier of— through residential neighborhoods and Public Works. (1) 2 years after the date of enactment of this Act; or commercial areas. The area is well Mr. VITTER. Mr. President, I ask (2) the conclusion of the second legislative served by an important east and west unanimous consent that the text of the session of the State that begins on or after corridor, I–68 (ADHS Corridor E), but bill be printed in the RECORD. the date of enactment of this Act. North South transportation is inad- There being no objection, the bill was equate and hampers the economic pros- ordered to be printed in the RECORD, as By Mr. SARBANES (for himself perity potential of Allegany and Gar- follows: and Ms. MIKULSKI): rett Counties and many of the sur- S. 721 S. 719. A bill to extend Corridor O of rounding Pennsylvania and West Vir- Be it enacted by the Senate and House of Rep- the Appalachian Development Highway ginia communities. resentatives of the United States of America in System from its currnet southern ter- Over the past four years, and with ad- Congress assembled, minus at I–68 near Cumberland to Cor- ditional funding provided by the Con- SECTION. 1. LOUISIANA COASTAL AREA ECO- ridor H, which stretches from Weston, gress in the Fiscal 2003 Transportation SYSTEM RESTORATION, LOUISIANA. West Virginia, to Strasburg, Virginia; Appropriations bill, Maryland and West (a) IN GENERAL.—The Secretary may carry to the Committee on Environment and Virginia have been undertaking a de- out a program for ecosystem restoration, Public Works. tailed project planning phase of the 35.5 Louisiana Coastal Area, Louisiana, substan- Mr. SARBANES. Mr. President, mile segment of US 220 south that was tially in accordance with the report of the Chief of Engineers, dated January 31, 2005. today I am introducing legislation to recommended in the feasibility study. (b) PRIORITIES.— add a 35.5 mile segment of a proposed Improvements which have been pro- (1) IN GENERAL.—In carrying out the pro- new highway, extending south of Inter- posed include a four-lane divided high- gram under subsection (a), the Secretary state 68 near Cumberland, MD to Cor- way, most of which would be on a new shall give priority to— ridor H in West Virginia, to the Appa- alignment, with at-grade intersections. (A) any portion of the program identified lachian Development Highway System Fifteen miles of the proposed road im- in the report described in subsection (a) as a (ADHS). Joining me in co-sponsoring provements are in Maryland and 20.5 critical restoration feature; this legislation is my colleague Sen- miles in West Virginia. (B) any Mississippi River diversion project that— ator MIKULSKI. These upgrades would increase safety (i) protects a major population area of the The development of a north-south and alleviate traffic congestion be- Pontchartain, Pearl, Breton Sound, Appalachian highway corridor has long tween Cumberland and Keyser and pro- Barataria, or Terrebonne Basin; and been a priority for elected officials, vide an important link to the 83.2 miles (ii) produces an environmental benefit to community leaders and citizens in the of Appalachian Development Highways the coastal area of the State of Louisiana or Potomac Highlands region of western in Maryland and in the system of 28 the State of Mississippi; and Maryland, West Virginia and neigh- corridors throughout the 13 Appa- (C) any barrier island, or barrier shoreline, boring Pennsylvania counties. At least lachian States. The corridor would project that— two Maryland State economic develop- interconnect several important ADHS (i) is carried out in conjunction with a Mis- sissippi River diversion project; and ment task forces over the last decade corridors including the East-West Cor- (ii) protects a major population area. have identified a north-south corridor ridors P in Pennsylvania, E (I–68) in (c) NON-FEDERAL SHARE.— as their leading priority for the region. Maryland & West Virginia, H in West (1) CREDIT FOR INTEGRAL WORK.—The Sec- In order to help determine the need, Virginia and Virginia along with the retary shall provide credit (including in-kind

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credit) toward the non-Federal share for the (3) DUTIES.—The Task Force shall make disadvantage of an activity under this sec- cost of any work carried out by the non-Fed- recommendations to the Secretary regard- tion. eral interest on a project that is part of the ing— (2) DETERMINATION OF COST-EFFECTIVE- program under subsection (a) if the Sec- (A) policies, strategies, plans, programs, NESS.—If the Secretary determines that an retary determines that the work is integral projects, and activities for addressing con- activity under this section is cost-effective, to the project. servation, protection, restoration, and main- no further economic justification for the ac- (2) CARRYOVER OF CREDITS.—A credit pro- tenance of the coastal Louisiana ecosystem; tivity shall be required. vided under paragraph (1) may be carried (B) financial participation by each agency (i) APPORTIONMENT.— over between authorized projects in the Lou- represented on the Task Force in conserving, (1) IN GENERAL.—Not later than 180 days isiana Coastal Area ecosystem restoration protecting, restoring, and maintaining the after the date of enactment of this Act, the program. coastal Louisiana ecosystem, including rec- Secretary, in consultation with the non-Fed- (3) NONGOVERNMENTAL ORGANIZATIONS.—A ommendations— eral interest, shall enter into a contract with nongovernmental organization shall be eligi- (i) that identify funds from current agency the National Academy of Sciences under ble to contribute all or a portion of the non- missions and budgets; and which the National Academy of Sciences Federal share of the cost of a project under (ii) for coordinating individual agency shall conduct a study. this section. budget requests; and (2) IDENTIFICATION OF CAUSES AND (d) COMPREHENSIVE PLAN.— (C) the comprehensive plan under sub- SOURCES.—The study under paragraph (1) (1) IN GENERAL.—The Secretary, in coordi- section (d). shall, to the maximum extent practicable, nation with the Governor of the State of (4) WORKING GROUPS.—The Task Force may identify— Louisiana, shall— establish such working groups as the Task (A) each cause of degradation of the Lou- (A) develop a plan for protecting, pre- Force determines to be necessary to assist isiana Coastal Area ecosystem that is attrib- serving, and restoring the coastal Louisiana the Task Force in carrying out this sub- utable to an action by the Secretary; ecosystem; and section. (B) an apportionment of the sources of (B) not later than 1 year after the date of (5) APPLICATION OF THE FEDERAL ADVISORY such degradation; enactment of this Act, and every 5 years COMMITTEE ACT.—The Federal Advisory Com- (C) any potential reduction in the amount thereafter, submit to Congress the plan, or mittee Act (5 U.S.C. App.) shall not apply to of Federal emergency response funds that an update of the plan. the Task Force or any working group of the would occur as a result of ecosystem restora- (2) INCLUSIONS.—The comprehensive plan Task Force. tion in the Louisiana Coastal Area; and shall include a description of— (f) MISSISSIPPI RIVER GULF OUTLET.— (D) the reduction in costs associated with (A) the framework of a long-term program (1) IN GENERAL.—Not later than 1 year after protection and maintenance of infrastruc- that provides for the comprehensive protec- the date of enactment of this Act, the Sec- ture that is threatened or damaged as a re- tion, conservation, and restoration of the retary shall develop a plan for modifying the sult of coastal erosion in Louisiana that wetlands, estuaries (including the Barataria- Mississippi River Gulf Outlet that address- would occur as a result of ecosystem restora- Terrebonne estuary), barrier islands, shore- es— tion in the Louisiana Coastal Area. lines, and related land and features of the (A) wetland losses attributable to the Mis- (j) REPORT.—Not later than July 1, 2006, coastal Louisiana ecosystem, including pro- sissippi River Gulf Outlet; the Secretary, in conjunction with the Chief tection of a critical resource, habitat, or in- (B) channel bank erosion; of Engineers, shall submit to Congress a re- frastructure from the effects of a coastal (C) hurricane storm surges; port describing the features included in table storm, a hurricane, erosion, or subsidence; (D) saltwater intrusion; 3 of the report described in subsection (a). (B) the means by which a new technology, (E) navigation interests; and (k) PROJECT MODIFICATIONS.— or an improved technique, can be integrated (F) environmental restoration. (1) REVIEW.—The Secretary, in cooperation into the program under subsection (a); and (2) REPORT.—If the Secretary determines with any non-Federal interest, shall review (C) the role of other Federal agencies and necessary, the Secretary, in conjunction each federally-authorized water resources programs in carrying out the program under with the Chief of Engineers, shall submit to project in the coastal Louisiana area in ex- subsection (a). Congress a report recommending modifica- istence on the date of enactment of this Act (3) CONSIDERATION.—In developing the com- tions to the Mississippi River Gulf Outlet, to determine whether— prehensive plan, the Secretary shall consider including measures to prevent the intrusion (A) each project is in accordance with the the advisability of integrating into the pro- of saltwater into the Outlet. program under subsection (a); and gram under subsection (a)— (g) SCIENCE AND TECHNOLOGY.— (B) the project could contribute to eco- (A) a related Federal or State project car- (1) IN GENERAL.—The Secretary shall estab- system restoration under subsection (a) ried out on the date on which the plan is de- lish a coastal Louisiana ecosystem science through modification of the operations or veloped; and technology program. features of the project. (B) an activity in the Louisiana Coastal (2) PURPOSES.—The purposes of the pro- (2) PUBLIC NOTICE AND COMMENT.—Before Area; or gram established by paragraph (1) shall be— modifying an operation or feature of a (C) any other project or activity identified (A) to identify any uncertainty relating to project under paragraph (1)(B), the Secretary in— the physical, chemical, geological, biologi- shall provide an opportunity for public no- (i) the Mississippi River and Tributaries cal, and cultural baseline conditions in tice and comment. program; coastal Louisiana; (3) REPORT.— (ii) the Louisiana Coastal Wetlands Con- (B) to improve knowledge of the physical, (A) IN GENERAL.—Before modifying an op- servation Plan; chemical, geological, biological, and cultural eration or feature of a project under para- (iii) the Louisiana Coastal Zone Manage- baseline conditions in coastal Louisiana; and graph (1)(B), the Secretary shall submit to ment Plan; or (C) to identify and develop technologies, the Committee on Environment and Public (iv) the plan of the State of Louisiana enti- models, and methods to carry out this sub- Works of the Senate and the Committee on tled ‘‘Coast 2050: Toward a Sustainable section. Transportation and Infrastructure of the Coastal Louisiana’’. (3) WORKING GROUPS.—The Secretary may House of Representatives a report describing (e) TASK FORCE.— establish such working groups as the Sec- the modification. (1) ESTABLISHMENT.—There is established a retary determines to be necessary to assist (B) INCLUSION.—A report under paragraph task force to be known as the ‘‘Coastal Lou- the Secretary in carrying out this sub- (2)(B) shall include such information relating isiana Ecosystem Protection and Restora- section. to the timeline and cost of a modification as tion Task Force’’ (referred to in this sub- (4) CONTRACTS AND COOPERATIVE AGREE- the Secretary determines to be relevant. section as the ‘‘Task Force’’). MENTS.—In carrying out this subsection, the (4) AUTHORIZATION OF APPROPRIATIONS.— (2) MEMBERSHIP.—The Task Force shall Secretary may enter into a contract or coop- There is authorized to be appropriated to the consist of the following members (or, in the erative agreement with an individual or en- Secretary to carry out modifications under case of the head of a Federal agency, a des- tity (including a consortium of academic in- this subsection $10,000,000. ignee at the level of Assistant Secretary or stitutions in Louisiana and Mississippi) with an equivalent level): scientific or engineering expertise in the res- Mr. SANTORUM. Mr. President, (A) The Secretary. toration of aquatic and marine ecosystems today I am introducing legislation to (B) The Secretary of the Interior. for coastal restoration and enhancement amend the Internal Revenue Code of (C) The Secretary of Commerce. through science and technology. 1986 to reduce the tax on beer to its (D) The Administrator of the Environ- (h) ANALYSIS OF BENEFITS.— pre-1991 level. In 1990, Congress raised mental Protection Agency. (1) IN GENERAL.—Notwithstanding section taxes on luxury items like expensive (E) The Secretary of Agriculture. 209 of the Flood Control Act of 1970 (42 U.S.C. cars, fur coats, jewelry, yachts and pri- (F) The Secretary of Transportation. 1962–2) or any other provision of law, in car- (G) The Secretary of Energy. rying out an activity to conserve, protect, vate airplanes and doubled the Federal (H) The Secretary of Homeland Security. restore, or maintain the coastal Louisiana excise tax on beer. (I) 3 representatives of the State of Lou- ecosystem, the Secretary may determine This was the single largest tax in- isiana appointed by the Governor of that that the environmental benefits provided by crease on beer in American history and State. the program under this section outweigh the resulted in some 60,000 people losing

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3290 CONGRESSIONAL RECORD — SENATE April 6, 2005 their jobs in brewing, distributing, re- changes in the requirements for cafe- while more and more Americans find tailing and related industries. The tax teria plans, flexible spending accounts, themselves without health care. burden on beer is higher than the aver- and benefits provided under such plans As you know, I re-introduced a bill age consumer good in the American or accounts, and for other purposes; to earlier this year that will go a long economy, an astounding 44 percent of the Committee on Finance. ways towards improving the situation its retail price. As a result of this tax Ms. SNOWE. Mr. President, I rise by creating Associated Health Plans increase the Government collects ap- today to introduce the SIMPLE Cafe- for small businesses. In general, this proximately seven times more in beer teria Plan Act of 2005’’ to increase the bill would permit small businesses taxes than the Nation’s brewers make access to quality, affordable health throughout the country to band to- in profits. care for millions of small business own- gether for purposes of obtaining an in- The doubling of the beer excise tax in ers and their employees. I am pleased surance quote from an insurance com- 1990 was regressive, and therefore un- that my good friend from Missouri, pany. By pooling these businesses to- fair, because it hits lower income tax- Senator BOND, as well as my good gether, they would pay lower premiums payers the hardest. Most beer con- friend Senator BINGAMAN from New because of the increased risk pool. sumers have household incomes below Mexico have agreed to co-sponsor this Again, this bill would increase the $40,000. Regular beer drinkers—Ameri- critical piece of legislation. number of Americans that would be cans raising a family—are the people Regrettably, our Nation’s healthcare able to afford health insurance because most affected by the increase in the system is in the midst of a crisis. Each their insurance premiums would be Federal excise tax on beer. Lowering year, more and more Americans are un- based on a more reasonable number. the beer tax means more money in the able to purchase health insurance, and The bill I am introducing today builds pockets of these hard-working men and there are no signs that things are im- upon this and goes a step further by women. proving. As evidence, the United States putting more small business owners The beer excise tax was first enacted Census Bureau estimates that nearly 47 and their employees on a level playing as an emergency measure to help fi- million people did not have health in- field when compared to workers of a nance the Civil War. It is an anachro- surance coverage for all of 2002. Sadly, larger company. nism in our tax code. Since its enact- this number rose from 41.2 million un- Specifically, many large companies ment, dozens of corporate and payroll insured persons in 2001—a 14.6 percent and even the Federal government en- taxes have been imposed on brewers increase. able their employees to purchase just as they have on other businesses. As if these numbers on a national health insurance and other qualified Yet the beer excise tax remains. A roll- scale are not alarming enough, the re- benefits with taxfree dollars. Larger back of just the 1990 beer tax increase sults are even more troubling when we companies are able to do this by quali- would also help maintain good-paying look specifically at the small business fying for certain employee benefit de- American manufacturing jobs and will sector of our economy. Analysis con- livery mechanisms under the tax code. create new opportunities and a boost to ducted by the Employee Benefit Re- One such delivery mechanism is a the economy. The U.S. system of alco- search Institute, a nonpartisan group cafeteria plan. As the name suggests, hol beverage control has been the dedicated to ensuring that all workers cafeteria plans are programs whereby maintenance of a domestic presence for have access to affordable health care, employers offer their employees the the industry with independent supplier, suggests that the highest rates of unin- opportunity to purchase certain quali- wholesale and retail tiers. Brewers, sured occur among either self-em- fied benefits of their choosing. The key wholesalers and retailers are heavily ployed workers or workers whose em- here is that the employer provides the regulated and to the extent the U.S. ployer employees fewer than 25 per- opportunity for the employee to pur- maintains a strong domestic industry, sons. When compared to workers in chase the benefit, and the employee is the Federal, State and local agencies firms that employ 1,000 or more em- then free to chose whether to partici- will continue to ensure accountability ployees, where just 12.6 percent of pate and which benefits to buy. Under and responsible business practices. those workers do not have health in- current law, qualified benefits include The brewing industry has a major surance, it becomes clear that the ma- health insurance, dependent-care reim- presence in many U.S. cities and pro- jority of uninsured Americans work for bursement, and life and disability in- vides a significant source of manufac- small enterprises. Clearly, these num- surance. Typically, employer contribu- turing jobs. The industry directly and bers suggest that there is a direct cor- tions, employee contributions, or a indirectly accounts for close to 2.5 mil- relation among those persons who do combination of the two fund these lion jobs nationwide—a reduction of not have health insurance and the size plans. the beer tax would help brewers main- of their employer. Cafeteria plans offer valuable bene- tain or grow their workforce. Brewing, The question, then, is why are our fits to employees and are popular for wholesaling and retail combined con- Nation’s small businesses, which are many reasons. Specifically, they offer tribute over 41,000 jobs to the economy our country’s job creators and the true employees great flexibility in selecting of my home State of Pennsylvania. engine of our national economy, so dis- their desired benefits while enabling All of the other luxury taxes enacted advantaged when it comes to pur- them to disregard those benefits that in 1990 have been repealed. Yet the beer chasing health insurance. do not fit their particular needs. Par- tax increase remains in place. It is The main reason that small business ticipating employees are also able to time to roll back the Federal excise owners are not able to offer their em- exclude any wages that they contribute tax increase on beer and provide an- ployees health insurance is because to a cafeteria plan from their Federal other measure of tax relief to Amer- many small business owners are able to taxable income, Social Security, and ica’s working men and women. The pay only a portion of their employees’ Medicare, which means they are using Federal Government will still collect health insurance premiums or, even more valuable pre-tax dollars to buy almost $3.7 billion in excise taxes and worse, cannot afford to provide any these benefits. Moreover, the employ- the industry will pay an additional $21 health insurance or other employee ees are usually purchasing these bene- billion in Federal, State, and local benefits at all. As a result, many small fits at a lower cost because employers taxes. This is a modest and reasonable business workers must acquire health are oftentimes able to obtain a reduced measure of tax relief to a significant insurance from the private sector rath- price for the benefits through a group American industry. er than the work place—an unfair, and rate after they establish a cafeteria far more expensive alternative. plan. By Ms. SNOWE (for herself, Mr. Clearly, we have a problem on our Cafeteria plans also provide employ- BOND, and Mr. BINGAMAN): hands. While we can debate among our- ers with valuable benefits, most nota- S. 723. A bill to amend the Internal selves why this crisis exists and how bly as a recruiting tool. It certainly Revenue Code of 1986 to allow small we ended up here, what is not open for stands to reason that if more small businesses to set up simple cafeteria debate is that we need to start identi- business owners are able to offer their plans to provide nontaxable employee fying ways to fix the system because it employees the chance to enjoy a vari- benefits to their employees, to make is simply unconscionable to do nothing ety of employee benefits, these owners

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3291 then will be more likely to attract, re- business employer that is willing to increase is significant because it will cruit, and retain more talented work- make a minimum contribution for all provide these taxpayers with an oppor- ers, which will ultimately increase the employees or who is willing to match tunity to care for not only their chil- firm’s business output. Too often, we contributions will be permitted to dren but also an elderly family member hear that small businesses loose skilled waive the non-discrimination rules who is a dependent of an employee—a employees to larger companies simply that currently prevent these owners scenario that will become increasingly because a big firm is able to offer a from otherwise offering these benefits. more likely as the current baby-boom- more attractive benefit package. Given This structure has worked extraor- er generation continues to age. that small businesses are responsible dinarily well in the pension area with Second, this bill would amend the for a majority of the new jobs created little risk of abuse, and I am confident current non-discrimination rules that in this country, we need to reverse that that it will be just as successful when dependent-care assistance plans must trend, and this bill will go a long way it comes to broad-based benefits of- satisfy. As is often the case with the in rectifying this inequity. fered through cafeteria plans. majority of small business owners who Clearly, cafeteria plans play a crit- Under the SIMPLE Cafeteria Plan, cannot, through any fault of their own, ical role in our Nation’s health care small companies will not have to strug- satisfy the non-discrimination rules for system and economy in general. The gle with satisfying the burdensome establishing a cafeteria plan, these problem, though, is that in order for non-discrimination rules that often rules often prevent the owner from of- companies to qualify for the tax bene- prevent them from offering valuable fering this valuable benefit to their fits that cafeteria plans provide, they employee benefits to their workers. As employees. To remedy this inequity, must satisfy strict nondiscrimination a result, more small business employ- this bill would change the current me- rules under the tax code. These rules ers will be able to provide their work- chanical thresholds such that more exist to ensure that the benefits offered ers with the employee benefits that are small businesses can provide depend- ent-care assistance plans to their em- to highly compensated employees are often reserved for larger employers and ployees but in a manner that does not offered to non-highly compensated em- that are otherwise unavailable because encourage the type of abuse that the ployees as well. The rules also strive to of the non-discrimination rules. non-discrimination rules are intended ensure that non-highly compensated In addition my bill will expand the to prevent. types of qualified benefits that will be employees in fact receive a substantial Small businesses are the backbone of portion of the benefits provided under able to be offered under ALL cafeteria the American economy. According to the plan. plans—both those that qualify under the Small Business Administration, Now I want to be clear when I say existing law as well as the new SIM- small businesses represent 99 percent of that these non-discrimination rules PLE cafeteria plans that will be cre- all employers, employ 51 percent of the serve a legitimate purpose. Indeed, we ated. Specifically, my bill modifies the private-sector workforce, and con- need to be sure that employers are not rules governing benefits offered under tribute 51 percent of the private-sector able to game the tax system by imple- cafeteria plans, such as flexible spend- output. It is therefore critical that menting these cafeteria plans, and that ing accounts and dependent-care assist- small businesses owners are able to the cafeteria plans that qualify for ance plans that many larger employers offer their employees the benefits that preferential tax treatment are used by offer their employees. These modifica- cafeteria plans provide so that more of a majority of the employees in the tions will increase the likelihood that our nation’s workers have the oppor- company. employees of small businesses will uti- tunity to purchase quality healthcare However, what I find to be unaccept- lize the available benefits and that will and provide security for their families. able is the way the tax code attempts increase the benefits provided for all The ‘‘SIMPLE Cafeteria Plan Act of to implement this policy under the ex- employees. 2005’’ achieves those objectives, and it isting rules. Currently, many small For example, current rules impose a does so in a manner that the employers businesses simply cannot satisfy these ‘‘use it or lose it’’ requirement with re- and employees are able to afford. Al- mechanical rules because, through no spect to flexible spending arrangement though the use of pre-tax dollars to ac- fault of their own, they have relatively contributions. This means that the em- quire these benefits reduces current few employees and a high proportion of ployee forfeits any money he or she federal revenues, the opportunity to owners or highly compensated individ- contributes to the account but does not provide small business employees these uals. As such, were a small business to use during the plan. My bill would same benefits to workers and their create a cafeteria plan and violate the change that rule and allow employees families rather than relying on the non-discrimination rules, certain to carry over up to $500 remaining in public sector more than justifies this workers within the company would be their account to the next plan year. minimal investment. Therefore, I urge subject to a penalty and would be re- The bill would also permit employees my colleagues to join me in supporting quired to include a substantial portion to carry-over any unused funds to a re- this important legislation as we work of their contributions in their taxable tirement account such as a 401(k) plan. with you to enact this bill into law. income. In either case, any carried over con- I ask unanimous consent that the Consequently, many small companies tributions will reduce the amount that text of the bill be printed in the simply do not even bother to imple- the employee otherwise would be able RECORD. ment a cafeteria plan for fear that they to contribute to the spending arrange- There being no objection, the bill was will violate the non-discrimination ment in the following year so that the ordered to be printed in the RECORD, as rules. According to the Employer’s carry-over option will not produce a follows: Council on Flexible Compensation, greater dollar benefit for any em- S. 723 while 38.36 million U.S. workers had ac- ployee. As a result, more employees are Be it enacted by the Senate and House of Rep- cess to cafeteria plans in 1999, only 19 likely to participate in these spending resentatives of the United States of America in percent of those workers were employ- arrangements because they will ulti- Congress assembled, ees of small businesses. mately be able to use any funds that SECTION 1. SHORT TITLE. To improve the current situation, the they contribute without any fear of (a) SHORT TITLE.—This Act may be cited as bill I am introducing today will allow the ‘‘SIMPLE Cafeteria Plan Act of 2005’’ . forfeiting them simply because the (b) AMENDMENT OF 1986 CODE.—Except as and encourage more small businesses funds were not used in the year of con- otherwise expressly provided, whenever in to offer employees the opportunity to tribution. this Act an amendment or repeal is ex- purchase health insurance with tax- Additionally, this legislation modi- pressed in terms of an amendment to, or re- free dollars just as larger companies fies rules that pertain to employer-pro- peal of, a section or other provision, the ref- and the federal government do. My bill vided, dependent-care assistance plans. erence shall be considered to be made to a accomplishes this by creating a Simple First, it would increase the current section or other provision of the Internal Cafeteria Plan, which is modeled after $5,000 annual contribution limitation of Revenue Code of 1986. SEC. 2. ESTABLISHMENT OF SIMPLE CAFETERIA the Savings Incentive Match Plan for these plans to $10,000 if the contrib- PLANS FOR SMALL BUSINESSES. Employees (SIMPLE) pension plan. As uting employee claims two or more de- (a) IN GENERAL.—Section 125 (relating to with the SIMPLE pension plan, a small pendents on his or her tax return. This cafeteria plans) is amended by redesignating

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subsections (h) and (i) as subsections (i) and ‘‘(iii) KEY EMPLOYEE.—The term ‘key em- (b) EFFECTIVE DATE.—The amendments (j), respectively, and by inserting after sub- ployee’ has the meaning given such term by made by this section shall apply to years be- section (g) the following new subsection: section 416(i). ginning after December 31, 2004. ‘‘(4) MINIMUM ELIGIBILITY AND PARTICIPA- SEC. 3. MODIFICATIONS OF RULES APPLICABLE ‘‘(h) SIMPLE CAFETERIA PLANS FOR SMALL TION REQUIREMENTS.— TO CAFETERIA PLANS. BUSINESSES.— ‘‘(A) IN GENERAL.—The requirements of (a) APPLICATION TO SELF-EMPLOYED INDI- ‘‘(1) IN GENERAL.—An eligible employer this paragraph shall be treated as met with VIDUALS.— maintaining a simple cafeteria plan with re- respect to any year if, under the plan— (1) IN GENERAL.—Section 125(d) (defining spect to which the requirements of this sub- ‘‘(i) all employees who had at least 1,000 cafeteria plan) is amended by adding at the section are met for any year shall be treated hours of service for the preceding plan year end the following new paragraph: as meeting any applicable nondiscrimination are eligible to participate, and ‘‘(3) EMPLOYEE TO INCLUDE SELF-EM- requirement with respect to benefits pro- ‘‘(ii) each employee eligible to participate PLOYED.— vided under the plan during such year. in the plan may, subject to terms and condi- ‘‘(A) IN GENERAL.—The term ‘employee’ in- ‘‘(2) SIMPLE CAFETERIA PLAN.—For purposes tions applicable to all participants, elect any cludes an individual who is an employee of this subsection, the term ‘simple cafeteria benefit available under the plan. within the meaning of section 401(c)(1) (re- plan’ means a cafeteria plan— ‘‘(B) CERTAIN EMPLOYEES MAY BE EX- lating to self-employed individuals). ‘‘(A) which is established and maintained CLUDED.—For purposes of subparagraph ‘‘(B) LIMITATION.—The amount which may by an eligible employer, and (A)(i), an employer may elect to exclude be excluded under subsection (a) with respect ‘‘(B) with respect to which the contribu- under the plan employees— to a participant in a cafeteria plan by reason tion requirements of paragraph (3), and the ‘‘(i) who have less than 1 year of service of being an employee under subparagraph (A) eligibility and participation requirements of with the employer as of any day during the shall not exceed the employee’s earned in- paragraph (4), are met. plan year, come (within the meaning of section 401(c)) ‘‘(3) CONTRIBUTIONS REQUIREMENTS.— ‘‘(ii) who have not attained the age of 21 derived from the trade or business with re- ‘‘(A) IN GENERAL.—The requirements of before the close of a plan year, spect to which the cafeteria plan is estab- this paragraph are met if, under the plan— ‘‘(iii) who are covered under an agreement lished.’’ ‘‘(i) the employer makes matching con- which the Secretary of Labor finds to be a (2) APPLICATION TO BENEFITS WHICH MAY BE tributions on behalf of each employee who is collective bargaining agreement if there is PROVIDED UNDER CAFETERIA PLAN.— eligible to participate in the plan and who is evidence that the benefits covered under the (A) GROUP-TERM LIFE INSURANCE.—Section not a highly compensated or key employee cafeteria plan were the subject of good faith 79 (relating to group-term life insurance pro- in an amount equal to the elective plan con- bargaining between employee representa- vided to employees) is amended by adding at tributions of the employee to the plan to the tives and the employer, or the end the following new subsection: extent the employee’s elective plan contribu- ‘‘(iv) who are described in section ‘‘(f) EMPLOYEE INCLUDES SELF-EMPLOYED.— tions do not exceed 3 percent of the employ- 410(b)(3)(C) (relating to nonresident aliens ‘‘(1) IN GENERAL.—For purposes of this sec- ee’s compensation, or working outside the United States). tion, the term ‘employee’ includes an indi- ‘‘(ii) the employer is required, without re- A plan may provide a shorter period of serv- vidual who is an employee within the mean- gard to whether an employee makes any ice or younger age for purposes of clause (i) ing of section 401(c)(1) (relating to self-em- elective plan contribution, to make a con- or (ii). ployed individuals). tribution to the plan on behalf of each em- ‘‘(5) ELIGIBLE EMPLOYER.—For purposes of ‘‘(2) LIMITATION.—The amount which may ployee who is not a highly compensated or this subsection— be excluded under the exceptions contained key employee and who is eligible to partici- ‘‘(A) IN GENERAL.—The term ‘eligible em- in subsection (a) or (b) with respect to an in- pate in the plan in an amount equal to at ployer’ means, with respect to any year, any dividual treated as an employee by reason of least 2 percent of the employee’s compensa- employer if such employer employed an av- paragraph (1) shall not exceed the employee’s tion. erage of 100 or fewer employees on business earned income (within the meaning of sec- ‘‘(B) MATCHING CONTRIBUTIONS ON BEHALF days during either of the 2 preceding years. tion 401(c)) derived from the trade or busi- OF HIGHLY COMPENSATED AND KEY EMPLOY- For purposes of this subparagraph, a year ness with respect to which the individual is EES.—The requirements of subparagraph may only be taken into account if the em- so treated.’’ (A)(i) shall not be treated as met if, under ployer was in existence throughout the year. (B) ACCIDENT AND HEALTH PLANS.—Section the plan, the rate of matching contribution ‘‘(B) EMPLOYERS NOT IN EXISTENCE DURING 105(g) is amended to read as follows: with respect to any elective plan contribu- PRECEDING YEAR.—If an employer was not in ‘‘(g) EMPLOYEE INCLUDES SELF-EM- tion of a highly compensated or key em- existence throughout the preceding year, the PLOYED.— ployee at any rate of contribution is greater determination under subparagraph (A) shall ‘‘(1) IN GENERAL.—For purposes of this sec- than that with respect to an employee who is be based on the average number of employees tion, the term ‘employee’ includes an indi- not a highly compensated or key employee. that it is reasonably expected such employer vidual who is an employee within the mean- ‘‘(C) SPECIAL RULES.— will employ on business days in the current ing of section 401(c)(1) (relating to self-em- ‘‘(i) TIME FOR MAKING CONTRIBUTIONS.—An year. ployed individuals). employer shall not be treated as failing to ‘‘(C) GROWING EMPLOYERS RETAIN TREAT- ‘‘(2) LIMITATION.—The amount which may meet the requirements of this paragraph MENT AS SMALL EMPLOYER.—If— be excluded under this section by reason of with respect to any elective plan contribu- ‘‘(i) an employer was an eligible employer subsection (b) or (c) with respect to an indi- tions of any compensation, or employer con- for any year (a ‘qualified year’), and vidual treated as an employee by reason of tributions required under this paragraph ‘‘(ii) such employer establishes a simple paragraph (1) shall not exceed the employee’s with respect to any compensation, if such cafeteria plan for its employees for such earned income (within the meaning of sec- contributions are made no later than the year, then, notwithstanding the fact the em- tion 401(c)) derived from the trade or busi- 15th day of the month following the last day ployer fails to meet the requirements of sub- ness with respect to which the accident or of the calendar quarter which includes the paragraph (A) for any subsequent year, such health insurance was established.’’ date of payment of the compensation. employer shall be treated as an eligible em- (C) CONTRIBUTIONS BY EMPLOYERS TO ACCI- ‘‘(ii) FORM OF CONTRIBUTIONS.—Employer ployer for such subsequent year with respect DENT AND HEALTH PLANS.— contributions required under this paragraph to employees (whether or not employees dur- (i) IN GENERAL.—Section 106, as amended may be made either to the plan to provide ing a qualified year) of any trade or business by subsection (b), is amended by adding after benefits offered under the plan or to any per- which was covered by the plan during any subsection (b) the following new subsection: son as payment for providing benefits offered qualified year. This subparagraph shall cease ‘‘(c) EMPLOYER TO INCLUDE SELF-EM- under the plan. to apply if the employer employs an average PLOYED.— ‘‘(iii) ADDITIONAL CONTRIBUTIONS.—Subject of 200 more employees on business days dur- ‘‘(1) IN GENERAL.—For purposes of this sec- to subparagraph (B), nothing in this para- ing any year preceding any such subsequent tion, the term ‘employee’ includes an indi- graph shall be treated as prohibiting an em- year. vidual who is an employee within the mean- ployer from making contributions to the ‘‘(D) SPECIAL RULES.—The rules of section ing of section 401(c)(1) (relating to self-em- plan in addition to contributions required 220(c)(4)(D) shall apply for purposes of this ployed individuals). under subparagraph (A). paragraph. ‘‘(2) LIMITATION.—The amount which may ‘‘(D) DEFINITIONS.—For purposes of this ‘‘(6) APPLICABLE NONDISCRIMINATION RE- be excluded under subsection (a) with respect paragraph— QUIREMENT.—For purposes of this subsection, to an individual treated as an employee by ‘‘(i) ELECTIVE PLAN CONTRIBUTION.—The the term ‘applicable nondiscrimination re- reason of paragraph (1) shall not exceed the term ‘elective plan contribution’ means any quirement’ means any requirement under employee’s earned income (within the mean- amount which is contributed at the election subsection (b) of this section, section 79(d), ing of section 401(c)) derived from the trade of the employee and which is not includible section 105(h), or paragraph (2), (3), (4), or (8) or business with respect to which the acci- in gross income by reason of this section. of section 129(d). dent or health insurance was established.’’ ‘‘(ii) HIGHLY COMPENSATED EMPLOYEE.—The ‘‘(7) COMPENSATION.—The term ‘compensa- (ii) CLARIFICATION OF LIMITATIONS ON OTHER term ‘highly compensated employee’ has the tion’ has the meaning given such term by COVERAGE.—The first sentence of section meaning given such term by section 414(q). section 414(s).’’ 162(l)(2)(B) is amended to read as follows:

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3293 ‘‘Paragraph (1) shall not apply to any tax- year, determined by substituting ‘2004’ for (2) The item relating to section 125 in the payer for any calendar month for which the ‘1992’ in subparagraph (B) thereof. table of sections for part III of subchapter B taxpayer participates in any subsidized If any dollar amount as increased under this of chapter 1 is amended by inserting ‘‘and health plan maintained by any employer clause is not a multiple of $100, such amount flexible spending arrangements’’ after (other than an employer described in section shall be rounded to the next lowest multiple ‘‘plans’’. 401(c)(4)) of the taxpayer or the spouse of the of $100. (c) EFFECTIVE DATE.—The amendments taxpayer. ‘‘(C) EXCLUSION FROM GROSS INCOME.—No made by this section shall apply to years be- (b) LONG-TERM CARE INSURANCE PERMITTED amount shall be required to be included in ginning after December 31, 2004. TO BE OFFERED UNDER CAFETERIA PLANS AND gross income under this chapter by reason of SEC. 5. RULES RELATING TO EMPLOYER-PRO- FLEXIBLE SPENDING ARRANGEMENTS.— any carryforward or transfer under this VIDED HEALTH AND DEPENDENT (1) CAFETERIA PLANS.—The last sentence of paragraph. CARE BENEFITS. section 125(f) (defining qualified benefits) is ‘‘(D) COORDINATION WITH LIMITS.— (a) HEALTH BENEFITS.—Section 106, as amended to read as follows: ‘‘Such term shall ‘‘(i) CARRYFORWARDS.—The maximum amended by section 3, is amended by adding include the payment of premiums for any amount which may be contributed to a at the end the following new subsection: qualified long-term care insurance contract health flexible spending arrangement or de- ‘‘(e) LIMITATION ON CONTRIBUTIONS TO (as defined in section 7702B) to the extent the pendent care flexible spending arrangement HEALTH FLEXIBLE SPENDING ARRANGE- amount of such payment does not exceed the for any year to which an unused amount is MENTS.— eligible long-term care premiums (as defined carried under this paragraph shall be reduced ‘‘(1) IN GENERAL.—Gross income of an em- in section 213(d)(10)) for such contract’’. by such amount. ployee for any taxable year shall include em- LEXIBLE SPENDING ARRANGEMENTS (2) F .— ‘‘(ii) ROLLOVERS.—Any amount transferred ployer-provided coverage provided through 1 Section 106 (relating to contributions by em- under subparagraph (A)(ii) shall be treated or more health flexible spending arrange- ployer to accident and health plans) is as an eligible rollover under section 219, ments (within the meaning of section 125(i)) amended by striking subsection (c). 223(f)(5), 401(k), 403(b), or 457, whichever is to the extent that the amount otherwise ex- (c) EFFECTIVE DATE.—The amendments applicable, except that— cludable under subsection (a) with regard to made by this section shall apply to taxable ‘‘(I) the amount of the contributions which such coverage exceeds the applicable dollar years beginning after December 31, 2004. a participant may make to the plan under limit for the taxable year. SEC. 4. MODIFICATION OF RULES APPLICABLE any such section for the taxable year includ- ‘‘(2) APPLICABLE DOLLAR LIMIT.—For pur- TO FLEXIBLE SPENDING ARRANGE- poses of this subsection— MENTS. ing the transfer shall be reduced by the ‘‘(A) IN GENERAL.—The applicable dollar (a) IN GENERAL.—Section 125, as amended amount transferred, and by section 2, is amended by redesignating ‘‘(II) in the case of a transfer to a plan de- limit for any taxable year is an amount subsections (i) and (j) as subsections (j) and scribed in clause (ii) or (iii) of subparagraph equal to the sum of— (k), respectively, and by inserting after sub- (E), the transferred amounts shall be treated ‘‘(i) $7,500, plus section (h) the following new subsection: as elective deferrals for such taxable year. ‘‘(ii) if the arrangement provides coverage ‘‘(i) SPECIAL RULES APPLICABLE TO FLEXI- ‘‘(E) PLANS.—A plan is described in this for 1 or more individuals in addition to the BLE SPENDING ARRANGEMENTS.— subparagraph if it is— employee, an amount equal to one-third of ‘‘(1) IN GENERAL.—For purposes of this ‘‘(i) an individual retirement plan, the amount in effect under clause (i) (after title, a plan or other arrangement shall not ‘‘(ii) a qualified cash or deferred arrange- adjustment under subparagraph (B)). fail to be treated as a flexible spending or ment described in section 401(k), ‘‘(B) COST-OF-LIVING ADJUSTMENT.—In the similar arrangement solely because under ‘‘(iii) a plan under which amounts are con- case of taxable years beginning in any cal- the plan or arrangement— tributed by an individual’s employer for an endar year after 2005, the $7,500 amount ‘‘(A) the amount of the reimbursement for annuity contract described in section 403(b), under subparagraph (A) shall be increased by covered expenses at any time may not exceed ‘‘(iv) an eligible deferred compensation an amount equal to— the balance in the participant’s account for plan described in section 457, or ‘‘(i) $7,500, multiplied by the covered expenses as of such time, ‘‘(v) a health savings account described in ‘‘(ii) the cost-of-living adjustment deter- ‘‘(B) except as provided in paragraph section 223. mined under section 1(f)(3) for the calendar (4)(A)(ii), a participant may elect at any ‘‘(3) DISTRIBUTION UPON TERMINATION.— year, determined by substituting ‘2004’ for time specified by the plan or arrangement to ‘‘(A) IN GENERAL.—A plan or arrangement ‘1992’ in subparagraph (B) thereof. make or modify any election regarding the may permit a participant (or any designated If any dollar amount as increased under this covered benefits, or the level of covered ben- heir of the participant) to receive a cash pay- subparagraph is not a multiple of $100, such efits, of the participant under the plan, and ment equal to the aggregate unused account dollar amount shall be rounded to the next ‘‘(C) a participant is permitted access to balances in the plan or arrangement as of lowest multiple of $100.’’ the date the individual is separated (includ- any unused balance in the participant’s ac- (b) DEPENDENT CARE.— ing by death or disability) from employment counts under such plan or arrangement in (1) EXCLUSION LIMIT.— with the employer maintaining the plan or the manner provided under paragraph (2) or (A) IN GENERAL.—Section 129(a)(2) (relating (3). arrangement. to limitation on exclusion) is amended— ‘‘(B) INCLUSION IN INCOME.—Any payment ‘‘(2) CARRYOVERS AND ROLLOVERS OF UNUSED (i) by striking ‘‘$5,000’’ and inserting ‘‘the under subparagraph (A) shall be includible in BENEFITS IN HEALTH AND DEPENDENT CARE AR- applicable dollar limit’’, and gross income for the taxable year in which RANGEMENTS.— (ii) by striking ‘‘$2,500’’ and inserting ‘‘one- such payment is distributed to the employee. ‘‘(A) IN GENERAL.—A plan or arrangement half of such limit’’. ‘‘(4) TERMS RELATING TO FLEXIBLE SPENDING may permit a participant in a health flexible (B) APPLICABLE DOLLAR LIMIT.—Section ARRANGEMENTS.— spending arrangement or dependent care 129(a) is amended by adding at the end the ‘‘(A) FLEXIBLE SPENDING ARRANGEMENTS.— flexible spending arrangement to elect— following new paragraph: ‘‘(i) IN GENERAL.—For purposes of this sub- ‘‘(i) to carry forward any aggregate unused ‘‘(3) APPLICABLE DOLLAR LIMIT.—For pur- section, a flexible spending arrangement is a balances in the participant’s accounts under poses of this subsection— benefit program which provides employees ‘‘(A) IN GENERAL.—The applicable dollar such arrangement as of the close of any year with coverage under which specified incurred to the succeeding year, or expenses may be reimbursed (subject to re- limit is $5,000 ($10,000 if dependent care as- ‘‘(ii) to have such balance transferred to a imbursement maximums and other reason- sistance is provided under the program to 2 plan described in subparagraph (E). able conditions). or more qualifying individuals of the em- ployee). Such carryforward or transfer shall be treat- ‘‘(ii) ELECTIONS REQUIRED.—A plan or ar- ed as having occurred within 30 days of the rangement shall not be treated as a flexible ‘‘(B) COST-OF-LIVING ADJUSTMENTS.— close of the year. spending arrangement unless a participant ‘‘(i) $5,000 AMOUNT.—In the case of taxable ‘‘(B) DOLLAR LIMIT ON CARRYFORWARDS.— may at least 4 times during any year make years beginning after 2005, the $5,000 amount ‘‘(i) IN GENERAL.—The amount which a par- or modify any election regarding covered under subparagraph (A) shall be increased by ticipant may elect to carry forward under benefits or the level of covered benefits. an amount equal to— subparagraph (A)(i) from any year shall not ‘‘(B) HEALTH AND DEPENDENT CARE AR- ‘‘(I) $5,000, multiplied by exceed $500. For purposes of this paragraph, RANGEMENTS.—The terms ‘health flexible ‘‘(II) the cost-of-living adjustment deter- all plans and arrangements maintained by an spending arrangement’ and ‘dependent care mined under section 1(f)(3) for the calendar employer or any related person shall be flexible spending arrangement’ means any year in which the taxable year begins, deter- treated as 1 plan. flexible spending arrangement (or portion mined by substituting ‘2004’ for ‘1992’ in sub- ‘‘(ii) COST-OF-LIVING ADJUSTMENT.—In the thereof) which provides payments for ex- paragraph (B) thereof. case of any taxable year beginning in a cal- penses incurred for medical care (as defined If any dollar amount as increased under this endar year after 2005, the $500 amount under in section 213(d)) or dependent care (within clause is not a multiple of $100, such dollar clause (i) shall be increased by an amount the meaning of section 129), respectively.’’ amount shall be rounded to the next lowest equal to— (b) CONFORMING AMENDMENT.— multiple of $100. ‘‘(I) $500, multiplied by (1) The heading for section 125 is amended ‘‘(ii) $10,000 AMOUNT.—The $10,000 amount ‘‘(II) the cost-of-living adjustment deter- by inserting ‘‘AND FLEXIBLE SPENDING AR- under subparagraph (A) for taxable years be- mined under section 1(f)(3) for such calendar RANGEMENTS’’ after ‘‘PLANS’’. ginning after 2005 shall be increased to an

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3294 CONGRESSIONAL RECORD — SENATE April 6, 2005 amount equal to twice the amount the $5,000 needed reforms is a promise that has rent law is being implemented by the amount is increased to under clause (i).’’ yet to be kept. Indeed, the current Administration, if a school is in need of (2) AVERAGE BENEFITS TEST.— budget proposed by the Bush Adminis- improvement, it is expected to offer (A) IN GENERAL.—Section 129(d)(8)(A) (re- tration underfunds No Child Left Be- school choice and supplemental serv- lating to benefits) is amended— (i) by striking ‘‘55 percent’’ and inserting hind by $12 billion. Since passage three ices to all students—even if not all stu- ‘‘60 percent’’, and years ago, the law has been funded at a dents have demonstrated a need for (ii) by striking ‘‘highly compensated em- level that is more than $39 billion them. That strikes me as a wasteful ployees’’ the second place it appears and in- below what was promised when the and imprecise way to help a school im- serting ‘‘employees receiving benefits’’. President signed the Act into law. prove student performance. For that (B) SALARY REDUCTION AGREEMENTS.—Sec- As a result of the failures of the cur- reason, this legislation will allow tion 129(d)(8)(B) (relating to salary reduction rent Administration to fulfill its com- schools to target resources to the stu- agreements) is amended— mitment to our nation’s school chil- dents that actually demonstrate that (i) by striking ‘‘$25,000’’ and inserting dren under this law, those children and they need them. Clearly, this is the ‘‘$30,000’’, and (ii) by adding at the end the following: ‘‘In their teachers are today shouldering most efficient way to maximize their the case of years beginning after 2005, the new and noteworthy hardships. effect. $30,000 amount in the first sentence shall be Throughout the State of Connecticut, Finally, the No Child Left Behind Re- adjusted at the same time, and in the same for example, students, teachers, admin- form Act introduces a greater degree of manner, as the applicable dollar amount is istrators and parents are struggling to reasonableness to the teacher certifi- adjusted under subsection (a)(3)(B).’’ implement requirements that are often cation process. As it is being imple- (3) PRINCIPAL SHAREHOLDERS OR OWNERS.— confusing, inflexible and unrealistic. mented, the law requires teachers to be Section 129(d)(4) (relating to principal share- And they are struggling to do so with- ‘‘highly qualified’’ to teach every sub- holders and owners) is amended by adding at the end the following: ‘‘In the case of any out the additional resources they were ject that they teach. Certainly none of failure to meet the requirements of this promised to put them into place. Ac- us disagree with this policy as a matter paragraph for any year, amounts shall only cording to a recent report put together of principle. But as a matter of prac- be required by reason of the failure to be in- by the Connecticut State Department tice, it is causing confusion and hard- cluded in gross income of the shareholders or of Education, through 2008, it will cost ship for teachers, particularly sec- owners who are members of the class de- the State of Connecticut $41.6 million ondary teachers and teachers in small scribed in the preceding sentence.’’ over and above what the Federal Gov- school districts. For example, as the (c) EFFECTIVE DATE.—The amendments law is being implemented by the Ad- made by this section shall apply to taxable ernment is going to supply to meet the years beginning after December 31, 2004. requirements of No Child Left Behind. ministration, a high school science Of that $41.6 million, $8 million will teacher could be required to hold de- By Mr. DODD (for himself, Mr. need to spent on testing alone. That is grees in biology, physics and chemistry DURBIN, and Mr. SALAZAR): a significant amount of money—a sig- to be considered highly qualified. In S. 724. A bill to improve the No Child nificant amount of money that is going small schools where there may be only Left Behind Act of 2001, and for other to fall on Connecticut taxpayers trying one 7th or 8th grade teacher teaching purposes; to the Committee on Health, to simultaneously pay for their mort- all subjects, these teachers could simi- Education, Labor, and Pensions. gage, basic health care and the rising larly be required to hold degrees in Mr. DODD. Mr. President, today I am cost of their children’s tuition. every subject area. pleased to introduce with Senators As I have said on numerous occasions Such requirements are unreasonable DURBIN and SALAZAR a very important in the past, resources without reforms at a time when excellent teachers are piece of legislation, ‘‘The No Child Left are a waste of money. By the same increasingly hard to find. The legisla- Behind Reform Act.’’ This legislation token, reforms without resources are a tion I introduce today will allow states makes three basic changes to the No false promise—a false promise that has to create a single assessment to cover Child Left Behind Act which was left students and their teachers grap- multiple subjects for middle grade signed into law in January of 2002. pling with new burdens and little help level teachers and allow states to issue The No Child Left Behind Act re- to bear them. a broad certification for science and so- ceived the support of this Senator and The legislation I am introducing cial studies. eighty-six of our colleagues. Like today proposes to make three changes In my view, the changes I propose most, if not all, of our colleagues who to the No Child Left Behind Act. These will provide significant assistance to supported this bill, I supported it be- changes will ease current burdens on schools struggling to comply with the cause I care about improving the qual- our students, our teachers and our ad- No Child Left Behind law all across ity of education in America for all of ministrators without dismantling the America. As time marches on and more our children. I believed that this law fundamental underpinnings of the law. deadlines set by this law approach—in- would help to achieve that goal by es- First, the No Child Left Behind Re- cluding additional testing, a highly tablishing more rigorous standards for form Act will allow schools to be given qualified teacher in every classroom measuring student achievement, by credit for performing well on measures and 100% proficiency for all students— helping teachers do a better job of in- other than test scores when calculating we have a responsibility to reassess the structing students, and last but not student achievement. Test scores are law and do what we can to make sure least, by providing the resources des- an important measure of student that it is implemented in a reasonable perately needed by our schools for even knowledge. However, they are not the manner. In doing so, we must also pre- the most basic necessities to help put only measure. There are others. These serve the basic tenets of the law—pro- the reforms we passed into place. include dropout rates, the number of viding a world class education for all Regrettably, the high hopes that I students who participate in advanced American students and closing the and many others had for this law have placement courses, and individual stu- achievement gap across demographic not been realized. The law is being im- dent improvement over time. Unfortu- and socioeconomic lines. Again, no plemented by the Administration in a nately, current law does not allow child should left behind—no special manner that is inflexible, unreasonable schools to use these additional ways to education student, no English language and unhelpful to students. Further- gauge school success in a constructive learning student, no minority student more, the law is not only failing to manner. Additional measures can only and no low-income student. I stand by help teachers do their best in the class- be used to further indicate how a this commitment. room, it also reflects, along with other school is failing, not how a school is Obviously, funding this law is beyond Administration policies and pro- succeeding. This legislation will allow the scope of this bill. I would note, nouncements, a neglect and even hos- schools to earn credit for succeeding. however, that efforts to increase edu- tility towards members of the teaching Second, the No Child Left Behind Re- cation funding to authorized levels profession. form Act will allow schools to target have thus far been unsuccessful. De- Worse still, the Administration’s school choice and supplemental serv- spite this, I remain committed to work promise of sufficient resources to im- ices to the students that actually dem- to change this outcome as well. Clear- plement No Child Left Behind’s much onstrate a need for them. As the cur- ly, our children deserve the resources

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3295 needed to make their dreams for a bet- under this section shall use the subgrant effective for each fiscal year for which the ter education a reality. funds to increase the capacity of the local amount appropriated to carry out title I of I ask unanimous consent that the educational agency to upgrade databases or the Elementary and Secondary Education create unique student identifiers for the pur- Act of 1965 for the fiscal year, is less than the text of the bill be printed in the pose of measuring adequate yearly progress, amount authorized to be appropriated to RECORD. by— carry out such title for the fiscal year. There being no objection, the bill was ‘‘(1) purchasing database software or hard- SEC. 5. DEFINITION OF HIGHLY QUALIFIED ordered to be printed in the RECORD, as ware; TEACHERS. follows: ‘‘(2) hiring additional staff for the purpose Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 (20 U.S.C. S. 724 of managing such data; ‘‘(3) providing professional development or 7801(23)(B)(ii)) is amended— Be it enacted by the Senate and House of Rep- additional training for such staff; and (1) in subclause (I), by striking ‘‘or’’ after resentatives of the United States of America in ‘‘(4) providing professional development or the semicolon; Congress assembled, training for principals and teachers on how (2) in subclause (II), by striking ‘‘and’’ SECTION 1. SHORT TITLE. to effectively use such data to implement in- after the semicolon; and This Act may be cited as the ‘‘No Child structional strategies to improve student (3) by adding at the end the following: Left Behind Reform Act’’. achievement. ‘‘(III) in the case of a middle school teach- SEC. 2. ADEQUATE YEARLY PROGRESS. ‘‘(e) STATE APPLICATION.—Each State edu- er, passing a State approved middle school (a) DEFINITION OF ADEQUATE YEARLY cational agency desiring a grant under this generalist exam when the teacher receives the teacher’s license to teach middle school PROGRESS.—Section 1111(b)(2) of the Elemen- section shall submit an application to the tary and Secondary Education Act of 1965 (20 Secretary at such time, in such manner, and in the State; U.S.C. 6311(b)(2)) is amended— containing such information as the Sec- ‘‘(IV) obtaining a State social studies cer- (1) in subparagraph (C)(vii)— retary may require. tificate that qualifies the teacher to teach (A) by striking ‘‘such as’’; ‘‘(f) LEA APPLICATION.—Each local edu- history, geography, economics, and civics in (B) by inserting ‘‘such as measures of indi- cational agency desiring a subgrant under middle or secondary schools, respectively, in vidual or cohort growth over time based on this section shall submit an application to the State; or the academic assessments implemented in the State educational agency at such time, ‘‘(V) obtaining a State science certificate accordance with paragraph (3),’’ after ‘‘de- in such manner, and containing such infor- that qualifies the teacher to teach earth scribed in clause (v),’’; and mation as the State educational agency may science, biology, chemistry, and physics in (C) by striking ‘‘attendance rates,’’; and require. Each such application shall include, middle or secondary schools, respectively, in (2) in subparagraph (D)— at a minimum, a demonstration of the local the State; and’’. educational agency’s ability to put such a (A) by striking clause (ii); By Mr. DODD (for himself, Ms. (B) by striking ‘‘the State’’ and all that database in place. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— follows through ‘‘ensure’’ and inserting ‘‘the SNOWE, Mr. KENNEDY, Ms. COLLINS, There are authorized to be appropriated to State shall ensure’’; and Mrs. MURRAY, Mr. DURBIN, Mrs. CLIN- carry out this part $80,000,000 for each of fis- (C) by striking ‘‘; and’’ and inserting a pe- TON, Mr. INOUYE, Mr. LEVIN, Mr. LAU- cal years 2006, 2007, and 2008.’’ riod. TENBERG, and Mr. JOHNSON): SEC. 4. TARGETING TRANSFER OPTIONS AND (b) ACADEMIC ASSESSMENT AND LOCAL EDU- S. 725. A bill a improve the Child SUPPLEMENTAL SERVICES. CATIONAL AGENCY AND SCHOOL IMPROVE- Care Access Means Parents in School (a) TARGETING TRANSFER OPTIONS AND SUP- MENT.—Section 1116(a)(1)(B) of the Elemen- PLEMENTAL SERVICES.—Section 1116 of the Program; to the Committee on Health, tary and Secondary Education Act of 1965 (20 Elementary and Secondary Education Act of Education, Labor, and Pensions. U.S.C. 6316(a)(1)(B)) is amended by striking 1965 (20 U.S.C. 6316) is amended— Mr. DODD. Mr. PresIdent, I am ‘‘, except that’’ and all that follows through (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), pleased to rise today with Senators ‘‘action or restructuring’’. and (8)(A)(i) of subsection (b), by striking the SNOWE, KENNEDY, COLLINS, MURRAY, SEC. 3. GRANTS FOR INCREASING DATA CAPAC- term ‘‘all students enrolled in the school’’ DURBIN, CLINTON, INOUYE, LEVIN, LAU- ITY FOR PURPOSES OF AYP. each place such term appears and inserting TENBERG and JOHNSON to introduce leg- Subpart 1 of part A of title I of the Ele- ‘‘all students enrolled in the school, who are islation which would supply greatly mentary and Secondary Education Act of members of a group described in section 1965 (20 U.S.C. 6311 et seq.) is amended by needed support to college students 1111(b)(2)(C)(v) that fails to make adequate struggling to balance their roles as adding at the end the following: yearly progress as defined in the State’s plan ‘‘SEC. 1120C. GRANTS FOR INCREASING DATA CA- under section 1111(b)(2),’’; parents with their roles as students. PACITY FOR PURPOSES OF AYP. (2) in subsection (b)(1), by adding at the The Child Care Access Means Parents ‘‘(a) GRANT AUTHORITY.—The Secretary end the following: in School Act (CCAMPIS) would in- may award grants, on a competitive basis, to ‘‘(G) MAINTENANCE OF LEAST RESTRICTIVE crease access to, support for, and reten- State educational agencies to enable the ENVIRONMENT.—A student who is eligible to tion of low-income, nontraditional stu- State educational agencies— receive services under the Individuals with dents who are struggling to complete ‘‘(1) to develop or increase the capacity of Disabilities Education Act and who uses the college degrees while caring for their data systems for accountability purposes; option to transfer under subparagraph (E), children. and paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or sub- The typical college student is no ‘‘(2) to award subgrants to increase the ca- section (c)(10)(C)(vii), shall be placed and pacity of local educational agencies to up- longer an 18-year-old recent high served in the least restrictive environment school graduate. According to a 2002 grade, create, or manage information data- appropriate, in accordance with the Individ- bases for the purpose of measuring adequate uals with Disabilities Education Act.’’; study by the National Center for Edu- yearly progress. (3) in clause (vii) of subsection (c)(10)(C), cation Statistics, only 27 percent of un- ‘‘(b) PRIORITY.—In awarding grants under by inserting ‘‘, who are members of a group dergraduates meet the ‘‘traditional’’ this section the Secretary shall give priority described in section 1111(b)(2)(C)(v) that fails undergraduate criteria of earning a to State educational agencies that have cre- to make adequate yearly progress as defined high school diploma, enrolling full- ated, or are in the process of creating, a in the State’s plan under section 1111(b)(2),’’ time, depending on parents for finan- growth model or proficiency index as part of after ‘‘Authorizing students’’; and cial support and not working or work- their adequate yearly progress determina- (4) in subparagraph (A) of subsection ing part-time. This means that 73 per- tion. (e)(12), by inserting ‘‘, who is a member of a cent of today’s students are considered ‘‘(c) STATE USE OF FUNDS.—Each State group described in section 1111(b)(2)(C)(v) non-traditional in some way. Clearly, that receives a grant under this section shall that fails to make adequate yearly progress use— as defined in the State’s plan under section non-traditional students—older stu- ‘‘(1) not more than 20 percent of the grant 1111(b)(2)’’ after ‘‘under section 1113(c)(1)’’. dents, students with children and stu- funds for the purpose of increasing the ca- (b) STUDENT ALREADY TRANSFERRED.—A dents with various job and life experi- pacity of, or creating, State databases to col- student who transfers to another public ences—are filling the ranks of college lect information related to adequate yearly school pursuant to section 1116(b) of the Ele- classes. Why? Because they recognize progress; and mentary and Secondary Education Act of the importance of college to future ‘‘(2) not less than 80 percent of the grant 1965 (20 U.S.C. 6316(b)) before the effective success. It is currently estimated that funds to award subgrants to local edu- date of this section and the amendments a full-time worker with a bachelor’s de- cational agencies within the State to enable made by this section, may continue enroll- gree earns about 60 percent more than the local educational agencies to carry out ment in such public school after the effective the authorized activities described in sub- date of this section and the amendments a full-time worker with only a high section (d). made by this section. school diploma. This amounts to a life- ‘‘(d) AUTHORIZED ACTIVITIES.—Each local (c) EFFECTIVE DATE.—This section and the time gap in earnings of more than $1 educational agency that receives a subgrant amendments made by this section shall be million.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3296 CONGRESSIONAL RECORD — SENATE April 6, 2005 Today’s non-traditional students face major with two children. Having al- is the substantive provisions of the bill barriers unheard of by traditional col- ready received an associate’s degree, and one is the tax provisions of the lege students of earlier years. Many are she is now working towards a bach- bill. parents and must provide for their chil- elor’s degree to increase her competi- Mr. President, I offer the legislation dren while in school. Access to afford- tiveness in the job market. A third on behalf of myself and the Senator able, quality and convenient child care woman is pursuing her second degree in from South Dakota, Mr. JOHNSON, who is a necessity for these students. But physical and health education. A stay- is the lead Democratic sponsor on the obtaining the child care that they need at-home mom prior to re-enrolling, she legislation. I do so with appreciation to is often difficult because of their lim- has three children at home. These are the chairman of our Energy and Nat- ited income and non-traditional sched- the students that need our assistance— ural Resources Committee, Chairman ules, compounded by declining assist- hard working parents trying to im- PETE DOMENICI, and the staff of that ance for child care through other sup- prove their lot in life for the good of committee who have worked very ports. Campus-based child care can fill their children. closely with us on the development of the gap. It is conveniently located, This is a modest measure that will this comprehensive piece of legislation, available during the right hours, and of make a major difference to students. It and with thanks to my own staff, Shar- high quality and lower cost. Unfortu- will offer them new hope for starting on Segner, who has worked on it for nately, it is unavailable at many cam- and staying in school. I am hopeful several months. puses. Even when programs do exist, that it can be considered and enacted This is a piece of legislation to ad- they are often available to only a frac- as part of the Higher Education Act. I dress aggressively and comprehen- tion of the eligible students. That is look forward to working with my col- sively the rising cost of natural gas in where the Dodd-Snowe CCAMPIS Act leagues to move this important meas- the United States. This is legislation comes in. ure forward. for the blue-collar worker, for the The Dodd-Snowe CCAMPIS Act in- I ask unanimous consent that the American farmer, and for the American creases and expands the availability of text of the bill be printed in the homeowner. campus-based child care in three ways. RECORD. Natural gas prices in the United First, it raises the minimum grant There being no objection, the bill was States are at record levels. We have amount from $10,000 to $30,000. For ordered to be printed in the RECORD, as gone from having the lowest natural most institutions of higher education, follows: gas prices in the industrial world to $10,000 has proven too small relative to S. 725 the highest. These high prices are the cost and effort required to com- Be it enacted by the Senate and House of Rep- threatening millions of our jobs. Our plete a federal application. resentatives of the United States of America in farmers are getting a 10-percent pay Second, the Dodd-Snowe CCAMPIS Congress assembled, cut. Homeowners are having a hard Act ensures that a wider range of stu- SECTION 1. CHILD CARE ACCESS MEANS PAR- time paying their heating and cooling dents are able to access services. ENTS IN SCHOOL PROGRAM. bills because of our contradictory poli- (a) MINIMUM GRANT.—Section 419N(b)(2)(B) Present language defines low-income of the Higher Education Act of 1965 (20 U.S.C. cies. students as students eligible to receive 1070e(b)(2)(B)) is amended by striking Our policies boil down to this: We are a Federal Pell Grant. This language ex- ‘‘$10,000’’ and inserting ‘‘$30,000’’. restricting the supply of natural gas, cludes graduate students, international (b) DEFINITION OF LOW-INCOME STUDENT.— and we are encouraging the use of nat- students, and students who may be Section 419N(b)(7) of such Act is amended to ural gas. You do not have to go very far low-income but make slightly more read as follows: in an economics class at the University than is allowed to qualify for Pell ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— of Oklahoma or the University of Ten- For the purpose of this section, the term nessee to know that if you restrict sup- grants. CCAMPIS will open eligibility ‘low-income student’ means a student who— for these additional populations. ‘‘(A) is eligible to receive a Federal Pell ply and encourage demand, the inevi- Third, the CCAMPIS Act raises the Grant for the fiscal year for which the deter- table result is higher prices. And high- program’s current authorization level mination is made; or er prices is a very serious problem for from $45 million to $75 million so that ‘‘(B) would otherwise be eligible to receive U.S. workers, U.S. homeowners, and we not only expand existing programs, a Federal Pell Grant for the fiscal year for U.S. farmers. but create new ones as well. which the determination is made, except Only an ambitious and comprehen- Research demonstrates that campus- that the student fails to meet the require- sive approach that both increases sup- based child care is of high quality and ments of— ply and controls demand can lower the that it increases the educational suc- ‘‘(i) section 401(c)(1) because the student is price of natural gas and keep our econ- enrolled in a graduate or first professional cess of both parents and students. Fur- course of study; or omy growing. This is not a question of thermore, recipients of campus-based ‘‘(ii) section 484(a)(5) because the student is tweaking our natural gas policy. It is child care assistance who are on public in the United States for a temporary pur- time, aggressively, to revamp it. We assistance are more likely to never re- pose.’’. need aggressive conservation. We need turn to welfare and to obtain jobs pay- (c) AUTHORIZATION OF APPROPRIATIONS.— aggressive use of alternative fuels. We ing good wages. Section 419N(g) of such Act is amended by need aggressive research and develop- Currently, there are approximately striking ‘‘$45,000,000 for fiscal year 1999’’ and ment. We need aggressive production. inserting ‘‘$75,000,000 for fiscal year 2006’’. 1,850 campus-based child care programs And, for the time being, we need ag- but over 6,000 colleges and universities By Mr. ALEXANDER (for himself gressive importation of liquefied nat- eligible to participate in the CCAMPIS and Mr. JOHNSON): ural gas from other parts of the world. program. Currently, CCAMPIS funds S. 726. A bill to promote the con- Here on this chart is an idea of where only 427 programs in states and the servation and production of natural we are today. This is the United States District of Columbia. Meanwhile, the gas; to the Committee on Energy and of America: $7 per unit for natural number of non-traditional students Natural Resources. gas—the highest in the industrialized across America is increasing. As these world. Until recently, we had the low- numbers increase, the need for campus- By Mr. ALEXANDER (for himself est natural gas prices in the world. based child care will increase as well. and Mr. JOHNSON): What that means is large parts of our Just last week in Connecticut, I went S. 727. A bill to provide tax incen- industries—the chemical industry, for to Eastern Connecticut State Univer- tives to promote the conservation and example—were built on the idea of $1.50 sity where I met a number of students production of natural gas; to the Com- or $2 for natural gas, but today it is $7. who would benefit from this legisla- mittee on Finance. A million Americans work in those tion. One woman is attending part- Mr. ALEXANDER. Mr. President, blue-collar manufacturing jobs in time as an accounting major. She today I am introducing the Natural every State in our country. Now, if works as a restaurant supervisor and Gas Price Reduction Act of 2005 and they are paying $7 here, and it is $5.55 just gave birth to her first child. She is the ‘‘Tax Provisions for Natural Gas in Canada and $5.15 in the United King- balancing work, family and school. An- Price Reduction Act of 2005.’’ I send to dom and $2.65 in Turkey and $1.70 in other woman is a junior social work the desk two pieces of legislation. One the Ukraine, where do you suppose,

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3297 though, a million blue-collar jobs are to contain one-fourth of the world’s the United States adopted the con- going to be 5 years from now, if we do supply. We need to find a way to use servation attitudes towards natural not do something about the $7 price? that gas so we do not have $7 per unit gas that California did a few years ago, They are not going to be in the United natural gas prices. That sends millions it might equal what 50 powerplants States. They are going to be moving of jobs overseas. That cuts the income could produce in the United States. If out of the United States, to the United of farmers. And that raises home heat- that is so, we ought to do it today. Kingdom, to Germany, to the Ukraine, ing prices and cooling prices for resi- That would begin to bring this $7 figure to other parts of the world. And people dential Americans. down. are going to be writing their Congress- Aggressive production means, among Aggressive use of alternative fuels men and saying: Why didn’t you do other things, allowing States to selec- such as coal gasification. I also would something? tively waive the Federal moratoria on say nuclear power is the most obvious So here is what we can do. By aggres- offshore production of gas and collect alternative fuel to natural gas. If we sive conservation, I mean setting significant revenues from such produc- had more nuclear power, we would use stronger appliance and equipment tion. Let me give you an example. less natural gas. In our country today, standards for natural gas efficiency so Within the last few weeks, the legisla- what do you suppose we are using to that a commercial air conditioner will ture of Virginia decided it might like create electricity when we need more cool the same while using less natural to explore the idea of drilling for gas electricity even though the cost of it is gas doing it. Those standards have been offshore. Now, why would Virginia $7 a unit, the highest in the world? generally agreed upon by environ- want to do that? Because there is prob- Natural gas, because natural gas plants mental groups with the industry. If ably a lot of gas offshore. What would can be built for a few hundred million they were put in place, by a rough esti- that mean for Virginia? Well, they dollars, and we have created an envi- mate, they might save the equivalent could put a gas rig out in the ocean, be- ronment where we can’t use nuclear. energy that could be produced by 30 or yond 20 miles, so nobody in Virginia or We haven’t built a new nuclear plant 35 powerplants. North Carolina could see it, run a pipe- since the 1970s, even though we in- By aggressive use of alternative line underground to Virginia, and take vented the technology, even though fuels, I mean, for example, fully com- their share of the revenues. And they France has 80 percent of its power now mercializing coal gasification. Coal can lower taxes in Virginia and put the produced by nuclear power, even gasification is taking this abundant rest of the money in a trust fund to though Japan builds a new nuclear supply of coal we have in the United build the best colleges and universities plant every year or so. We invented it. States—we are the ‘‘OPEC,’’ the in America. That is what they could do Our Navy has operated nuclear reac- ‘‘Saudi Arabia’’ of coal; we have a 400- in Virginia. tors since the 1950s without ever hav- or 500-year supply—and finding a clean If Tennessee had a coastline, and I ing a single accident. It is a clean, ob- way to use it instead of importing oil were Governor of Tennessee, that is vious alternative to $7 natural gas, and from a part of the world where people what I would be asking the Congress to we haven’t built a plant since the 1970s. are blowing each other up. So we need to think seriously about ag- That means starting with support so let me do. I think as other Governors and other gressive conservation, aggressive use of we can have six coal gasification plants legislatures and other people look at alternative fuels, aggressive research in this country by the year 2013. Coal Texas and Louisiana and Alabama and and development for solar, for methane gasification means, you burn the coal see what they are doing and decide hydrates, aggressive production, and to create gas, and then you burn the that they can in an environmentally that includes giving States the option gas to create power. If we can do that sensitive way exercise a State option of deciding whether they would like to commercially, we will not only be pass- to drill for gas in Federal waters so far drill offshore and take some of the rev- ing a clean energy bill, we will be pass- ing a clean air bill, because if you do out you can’t see it, that they will find enues and put some of the revenues that, you remove most of the mercury, that a good option because it will help into a conservation fund, and aggres- most of the nitrogen, most of the sul- lower the price of gas. It can build up sive importation of liquefied natural fur. And by additional research, we the schools and keep taxes down, and it gas from overseas at least for the time may be able to find a way to recapture can avoid other worse forms of energy. being. For example, you would have to have In March of 2002, the Secretary of En- the carbon that is produced and put 46 square miles of windmills, these ergy requested that the National Pe- that in the ground and solve the carbon things that are 100 yards tall, in order troleum Council undertake an exten- problems that a lot of people are talk- ing about around the world. to equal one gas rig that you couldn’t sive study on the natural gas crisis. In addition to helping ourselves, we see out in the ocean. This is a State op- That advisory council produced a would help ourselves by helping others. tion. Aggressive importation of lique- study. It talked about the results I China and India and other parts of the fied natural gas starts with giving the have described. Our Senate Energy world are building hundreds of coal Federal Energy Regulatory Commis- Committee, under the chairman, Sen- plants. We would much rather them sion exclusive authority for siting and ator DOMENICI, has paid a lot of atten- build a coal gasification plant, one that regulating what we call LNG termi- tion to that report. Senator DOMENICI is clean and does not contribute to air nals. This means importing liquefied hosted what we called a natural gas pollution. Because if China and India natural gas from other parts of the roundtable that was well attended by and Brazil build dirty coal plants, that world. There is a lot of it around the Senators and went on for 3 or 4 hours. air blows around the world, and it world. They freeze it and put it in There were more than 100 proposals blows into Tennessee and it blows into tankers, and they bring it here and put presented. South Carolina. It blows into Okla- it in our pipelines, and then we have it. I am chairman of the subcommittee homa. That seems like a pretty big waste of of that full committee, and so my pur- So aggressive alternative fuels is a effort when we have plenty of natural pose today is to take many of the ideas part of a natural gas supply. Aggres- gas here in the United States that we that we heard that made the most sive research and development includes don’t have access to. But if we want an sense, some of which people haven’t investment and research in gas hy- adequate supply of natural gas, we are been willing to advocate, and put them drates. Gas hydrates is gas that is in going to have to import some from into the discussion. Again, because I do the ground. Methane hydrates hold tre- around the world, and that means we not want to be a Senator who 10 years mendous potential to provide abundant are going to need terminals to which to from now somebody comes up to and supplies of natural gas. Hydrates are bring it. Some of them may be off- says: How did you let farmers get a 20– like ice solid structures, consisting of shore. They might be 10, 12, 14 miles percent pay cut because of $7, $8, $9 water and gases, mainly methane, com- offshore. Some of them, like the four natural gas; how did you let millions of pressed to greater than normal den- we have today, may need to be onshore. jobs in the chemical industry, the auto sities. There is no silver bullet. There is no industry go overseas because of $7, $8, Coastal U.S. areas are rich in this re- single answer. That is why we need ag- and $9 natural gas; how did you let source. The United States is estimated gressive conservation. If, for example, prices of natural gas for home heating

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3298 CONGRESSIONAL RECORD — SENATE April 6, 2005 or cooling get so high that middle-in- electricity. Homes that have never prehensive 250-page bill and to get on come Americans can’t even afford to been lit, barns that have never been lit, the table all the aggressive ideas we heat their homes? I don’t want to be rural areas that have never been lit can think of that make sense about that kind of Senator. So I am here have enjoyed that. That is within my how to reduce the price of natural gas today with a comprehensive proposal lifetime. for workers, for farmers, and for home- across the board even though some of And then while I was Governor in the owners. We hope it contributes to the the ideas will create that kind of con- 1990s, I remember that one of the big discussion. We hope we find lots of troversy. attractions for Saturn and Nissan and these provisions in an ambitious en- I have summarized in a few words the the automobile industry coming into ergy bill. provisions of a 250-page piece of legisla- Tennessee was low-cost reliable power. I look forward to working with my tion. But when I had a natural gas round- colleagues, as I know Senator JOHNSON We were ambushed in the United table last fall in Tennessee, there was does, on a bipartisan basis to help States on September 11, 2001. Even the president of Saturn, the president lower the price of natural gas, keep our though you could argue that we might of Nissan, the head of the Tennessee jobs, keep our homes cool and warm, have known it was coming, terrorism Farm Bureau. There was the head of and make it possible for farmers to wasn’t new on September 11, 2001. the University of Tennessee. They were make a living. I remember being in a meeting with all saying: We can’t live in Tennessee Natural gas prices are at record lev- Prime Minister Rabin of Israel in 1994. on $7 natural gas. What do they do if els and the highest of any industri- At the end of a long day, I asked him: they can’t? It is very easy what they alized country. High natural gas prices What is the greatest challenge threat- do. They don’t have to have those jobs are threatening our jobs, our farms, ening the world? And he said terrorism. in Tennessee or South Carolina. They and hurting Americans who are trying That was many years before we were can move them to Germany, they can to heat and cool their homes. Only an attacked. He was right. He was dead move them to Mexico, they can move ambitious, comprehensive approach within a few months at the hands of them to Canada, and they are doing it that both increases supply and controls terrorists within his own country. We every day. demand can lower the price of natural didn’t see the terrorism coming. We And Tennessee Eastman in the upper gas and keep our growing economic re- were ambushed, and we have paid a ter- part of east Tennessee, which we think covery from becoming recent history. rible price—in lives, in dollars. We is just like the great Smokey Moun- This is not a question of tweaking have had to create whole new depart- tains, has been there so long. There are our natural gas policy. It is time to ag- ments. We have had to interrupt the 12,000 people there, real good incomes. gressively revamp it. We need aggres- lives of thousand of national guards- What do they use to make chemicals sive conservation, aggressive use of al- ternative fuels, aggressive research and men and Army reservists and send there? They use natural gas. them overseas, some to die and some to How long are they going to be there? development, aggressive production be wounded, because of terrorism. If we have $7 gas and they have $3 and and for the time being, aggressive im- Maybe we couldn’t have seen exactly $4 gas in other parts of the world, I am ports of liquefied natural gas. Aggressive conservation, for exam- that act coming, but we knew it was afraid they are not going to be there ple, means setting stronger appliance out there. too long. And somebody is going to say and equipment standards for natural We are about to have another big sur- to me: What did you do about it? At gas efficiency so that a commercial air prise. That is to our standard of living. least my answer is I stood up on the We are 5 to 6 percent of all the people conditioner will cool the same while floor of the Senate and said this is not using less natural gas to do it. in the world. Yet we produce a third of the time to tweak our natural gas pol- Aggressive use of alternative fuels, all the money in the world. We could icy. for example, means fully commer- wake up 10 years from now and that We do not need to sit around and cializing coal gasification, starting picture could be very changed. One way wait for a big surprise on energy like with support for the deployment of six is if we lose our brainpower advantage. we had a big surprise on September 11 coal gasification plants by 2013. Coal And we could lose it. Half of our new on terrorism. We need an aggressive gasification means that you burn coal jobs have been created by science and policy. We need a comprehensive pol- to produce power but get the much technology since the end of World War icy. We need aggressive conservation. lower pollution output of using natural II. And if we go through our budget That is where we should start. We need gas. balancing, deficit controlling exercise aggressive alternative fuels. That Aggressive research and development for the next 10 years and we don’t dou- means nuclear and that means coal includes investment in research of gas ble investments for the physical gasification. We need aggressive re- hydrates. Methane hydrates hold tre- sciences and retake the lead in ad- search and development, whether it is mendous potential to provide abundant vanced computing, and if we don’t see hydrogen or whether it is solar, or supplies of natural gas. Hydrates are that we have plenty of graduate stu- whether it is methane gas hydrates. We ice-like solid structures consisting of dents in science and engineering, we need aggressive production. We have water and gases, mainly methane, com- are going to find most of the R&D will lots of gas in the United States. We pressed to greater than normal den- be done in other parts of the world. We should be using it if we have $7 gas. sities. Coastal U.S. areas are rich in are going to find most of the engineers For the time being, we need to create this resource. The U.S. is estimated to who produce this brainpower that cre- the terminals that will permit us to contain one-fourth of the world’s sup- ates jobs in other parts of the world. import enough liquefied natural gas to ply. They are thinking in China, and they get that $7 price down to $6 or $5 or $4. Aggressive production means, among are thinking in India. There is no real Mr. President, I thank Senator JOHN- other changes, allowing states to selec- good reason why the United States SON from South Dakota for joining me tively waive the federal moratoria on should make a third of all the money in this comprehensive aggressive ap- off-shore production and collect signifi- in the world every year with just 5 or proach. I thank Senator DOMENICI for cant revenues from such production. 6 percent of the people, and we have so taking the lead on an energy bill. I And aggressive importation of lique- little. So they are keeping their bright thank Senator BINGAMAN, who is the fied natural gas starts with giving the people home. They are building up ranking Democrat on our committee, Federal Energy Regulatory Commis- their universities. They are doing what because I notice on our committee a sion exclusive authority for siting and we need to keep doing. That is one greater sense of urgency, a greater regulating LNG terminals, while still place we could get a big surprise. sense of bipartisan cooperation on com- preserving states’ authorities under But the other is in energy. We have ing up with an energy bill this year. the Coastal Zone Management Act and taken energy for granted for a long Our blue-collar workers, our farmers, other acts. time. I know I come from Tennessee. our homeowners in Tennessee and In March 2002, Secretary of Energy We have had the Tennessee Valley Au- across this country expect it from us. Abraham requested that the National thority. It has sat there since the 1930s, Senator JOHNSON’s and my contribu- Petroleum Council undertake an exten- and it has produced reliable, low-cost tion today is to introduce this com- sive study on the natural gas crisis.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3299 That council, a Federal advisory com- of 10 percent at peak usage—the equiv- there is a 6:1 ratio between natural gas mittee to the Secretary of Energy, pro- alent of five-and-a-half 1,000 Megawatt and oil prices. Reducing dependence on duced in late 2003 one of the most ex- coal-powered power plants. My bill foreign oil will help bring natural gas tensive policy studies and rec- aims to take that effort to the entire prices down. ommendations on the natural gas crisis nation. Conservation of natural gas and re- to date. Since that time, other promi- The legislation sets higher appliance lated energy sources is critical to low- nent groups, such as the National Com- and equipment standards for natural ering prices and keeping our manufac- mission on Energy Policy, have also gas efficiency. These standards have turing and farming jobs here in the produced extensive studies on the nat- been negotiated between consumer and United States. But conservation alone ural gas crisis. In October 2004, I held a industry representatives and are codi- is not enough. The second focus must roundtable on the impact of soaring fied in the bill. For example, the stand- be to develop alternative sources of en- natural gas prices on Tennessee farm- ards would require a new kitchen oven ergy. The ‘‘Keep Manufacturing and ers and jobs. The Senate Energy Com- to produce the same heat while using Farming Jobs in the United States mittee has held numerous hearings less natural gas to do it. The American Act’’ encourages the use of three alter- over the last 2 years and recently held Council for an Energy-Efficient Econ- native fuels: an extensive natural gas roundtable on omy estimates that these standards The bill initiates a national coal gas- the subject on January 24, 2005. Over will reduce natural gas use by about ification strategy. Eastman Chemical 100 proposals were submitted to the 125 BCF in 2010 and 525 BCF in 2020. In in Kingsport, TN, has been using coal Senate Energy Committee on natural addition these standards will reduce gasification with a 95% availability gas issues. peak electric demand by about 33,500 factor for the past 20 years. Tampa The conclusion of all of these forums MW in 2020, equivalent to 34 coal power Electric has successfully demonstrated has been clear. plants of 1000 MW each, and will save large-scale coal gasification. It is time High natural gas prices are threat- consumers and businesses more than for this process to be more widely used. ening our country’s economic competi- $60 billion. Coal gasification is a process whereby tiveness and costing us jobs. For exam- The bill creates tax incentives and gas derived from burning coal is used ple, high natural gas prices have been provides regulatory relief to enable as a source of energy or a raw material. the equivalent of a 10 percent pay cut manufacturing facilities to more easily When used in a power plant, coal gasifi- to American farmers. produce their own power and steam cation means that you burn coal but The situation is urgent. from a single source—a process called get the much lower pollution output of There are no silver bullets. We can- cogeneration or CHP which saves using natural gas. My legislation pro- not conserve our way out of this prob- money and energy while also reducing vides up to $2 billion in tax or other in- lem, nor can we drill our way out of pollutants. A CHP system can produce centives to support the construction of this problem. We will need to be ag- the same electrical and thermal output six new coal gasification power plants. gressive on all fronts, in order to keep at 75 percent fuel conversion efficiency Similarly, the legislation provides up our industries competitive. as compared to 49 percent separate to $2 billion in assistance for industrial High natural gas costs are also tied steam and power. This is a 50 percent gasification projects. The bill also pro- to high oil prices. We need to address gain in overall efficiency, resulting in vides streamlined permitting for coal both natural gas and oil prices in order a 35 percent fuel savings. Large indus- gasification facilities. Coal is an abun- to lower natural gas costs. trial plants, such as International dant resource in the United States; we Our country has contradictory poli- Paper, Alcoa and Eastman in my home should use it to produce clean energy cies on natural gas—on one hand, we State of Tennessee all use cogeneration and raw material for industrial appli- encourage its use. On the other hand, in their manufacturing processes. More cations. we limit access to its supply. We need companies could do the same, and the Solar energy is another clean, alter- to amend our contradictory natural bill particularly focuses on providing native fuel source that could be devel- gas and environmental policies. incentive for smaller cogeneration oped further. Solar energy can be used That’s why I am introducing the projects. directly for heating as well as to create ‘‘Natural Gas Price Reduction Act.’’ It The Alexander bill provides incentive electricity. To push an aggressive solar is an aggressive, bold approach to tack- for public utilities to utilize their nat- energy strategy, the Alexander legisla- le this issue. This 250-page legislation ural gas plants based on efficiency. The tion provides tax incentives for invest- is an attempt to start a very difficult, process of activating different power ment in solar power generation. Spe- but balanced, legislative discussion in plants to meet demand during a given cifically, it provides businesses a tax the United States Senate on natural day is called ‘‘dispatching.’’ For exam- credit for investing in geothermal or gas prices. I have taken the best ideas ple, on a hot summer day in Tennessee, solar heating and/or power genera- that I have heard in these roundtable the demand for electricity, for air con- tion—10 percent heating, 25 percent for discussions and from the various policy ditioning, might be highest in the early generating or displacing electricity. studies. I have met with hundreds of afternoon, so then a power company My bill also contains language to in- people in the past year discussing nat- would have to dispatch the most power vest in new technologies to use hydro- ural gas prices. This legislation is an plants to provide the energy. But dur- gen to power fuel cell vehicles. The attempt to be more aggressive on all ing the cooler night, they might dis- language in this bill mirrors language I areas impacting natural gas prices—en- patch less plants since less power is offered in the last session of Congress ergy efficiency and fuel diversity, nat- needed. If power companies dispatched on the Energy Bill that would have en- ural gas supply, and improved infra- their most efficient plants first, this acted President Bush’s Hydrogenl/Fuel structure for importation of liquefied would save us a significant amount of Cell Initiative. When I visited Japan natural gas. natural gas. As you can see, the high- last year, I visited a hydrogen fuel sta- Half our Nation’s increase in natural est saving will be in the medium- tion—that looked much like a gas sta- gas demand in the last decade has come term—2010–2015—but real savings con- tion—and saw fuel cell vehicles that from the power sector. So to conserve tinue for many years. range from small cars to SUVs. These natural gas, one must not only reduce Our reliance on foreign oil is the si- cars not only allow us to use an alter- consumption of gas itself, but also of lent elephant in the room when it native fuel source but are also great for electricity. And, as I noted, since oil comes to high natural gas prices. My the environment—their only byproduct prices affect natural gas prices, con- legislation includes a provision that re- is water vapor. The bill invests in re- serving oil is also important. My bill quires the President report to Congress search and development of tech- addresses conservation in five ways. annually on efforts to reduce U.S. de- nologies and infrastructure for 2 hydro- The bill creates a 4-year national pendence on imported petroleum 1.75 gen and fuel cell vehicles. consumer education program on the ur- million barrels a day from projected Methane hydrates hold tremendous gent need for energy conservation. A 2013 levels, almost 10 percent. As I potential to provide abundant supplies statewide California effort to educate noted earlier, oil and gas are usually of natural gas. Hydrates are ice-like energy consumers resulted in savings produced together; and, typically, solid structures consisting of water and

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3300 CONGRESSIONAL RECORD — SENATE April 6, 2005 gases—mainly methane—compressed to ida, the State of Florida may keep the takes a comprehensive approach to ad- greater than normal densities. Coastal moratoria. Leasing would not be al- dressing the problem by encouraging US areas are rich in this resource—the lowed to interfere with U.S. military conservation, developing alternative U.S. is estimated to contain one-fourth operations in the Gulf Coast. fuel sources, and reducing roadblocks of the world’s supply. My bill invests Finally, under the bill, States will to the production and importation of $200 million over the next 4 years in re- have the authority to request studies natural gas. I urge my colleagues to search for this promising new resource, of natural gas resources off their coasts support it. a number consistent with recommenda- and be permitted to waive Federal mor- tions from the National Commission on atoria on offshore production. The By Mr. BOND (for himself, Mr. Energy Policy. states shall not have the authority to INHOFE, Mr. VITTER, Mr. WAR- Conserving natural gas and using al- lift the moratoria at National Marine NER, Mr. VOINOVICH, Mr. ISAK- ternative fuels will take us a long way Sanctuaries or National Wildlife Ref- SON, Mr. THUNE, Ms. MUR- to reducing gas prices and keeping jobs uge Area. The State of Virginia re- KOWSKI, Mr. OBAMA, Ms. LAN- here in the U.S., but we must also ad- cently engaged on this issue, and the DRIEU, Mr. GRASSLEY, Mr. HAR- dress the other side of the equation: state ought to have the ability to li- KIN, Mr. TALENT, Mr. CORNYN, supply. As Energy Committee members cense off-shore production—especially Mr. COCHRAN, Mr. DOMENICI, learned at our Natural Gas Roundtable, if it is far enough off-shore that you and Mr. COLEMAN): our current policy encourages con- cannot even see it from land. My bill S. 728. A bill to provide for the con- sumption of natural gas while restrict- also allows States to collect significant sideration and development of water ing the supply. We need to stop putting revenue from such production, and des- and related resources, to authorize the unnecessary restrictions on production ignates that a portion of revenues also Secretary of the Army to construct and supply of natural gas, and my leg- go to a conservation royalty. The con- various projects for improvements to islation does so by addressing produc- servation royalty would be shared rivers and harbors of the United tion off-shore and in the Rocky Moun- equally by the Federal land and water States, and for other purposes; to the tains as well as the importation of liq- conservation fund, state land and Committee on Environment and Public uid natural gas from abroad. water conservation fund and wildlife Works. We have plenty of natural gas here in grants. Mr. BOND. Mr. President, I rise the U.S., we just cannot get to it. Importing liquefied natural gas— today to introduce, with Senators There are large fields off the coasts, es- LNG—requires the infrastructure to re- INHOFE, VITTER, WARNER, VOINOVICH, pecially the Atlantic, and in the Rocky ceive it. LNG comes to the U.S. by ISAKSON, THUNE, MURKOWSKI, OBAMA, Mountains. There is no reason for nat- ship, and terminals to receive these LANDRIEU, GRASSLEY, HARKIN, TALENT, ural gas prices here in the U.S. to be so ships and unload LNG must be built CORNYN, COCHRAN, DOMENICI, and COLE- high when we have so much available and appropriate infrastructure devel- MAN, the 2005 Water Resources Develop- here—if only we would use it. oped to transport gas from those termi- ment Act. Today, there are two moratoria on nals to users across the country. The programs administered by the our outer continental shelf, OCS—a My bill streamlines the development U.S. Army Corps of Engineers are in- congressional moratorium and a Presi- of offshore liquefied natural gas termi- valuable to this Nation. They provide dential moratorium. The Atlantic nals. The siting of LNG terminals has drinking water, electric power produc- Coast—40 miles off the coast is believed become a difficult issue since we all tion, river transportation, environ- to be largely natural gas-prone. The want cheaper natural gas, but no one mental protection and restoration, pro- Pacific Coast is believed—to be mainly seems to want an LNG terminal in tection from floods, emergency re- oil-prone. The Gulf of Mexico is both. ‘‘their backyard.’’ The Alexander legis- sponse, and recreation. Few agencies in Today, when production is greater than lation gives FERC clear authority for the Federal Government touch so 9 miles offshore, a State that has oil regulating liquid natural gas termi- many citizens and they do it on a rel- and gas production gets zero percent of nals, but, unlike a related House bill, atively small budget. They provide the production revenues. This is radi- still preserves States’ authorities one-quarter of our Nation’s total hy- cally different than onshore produc- under the Coastal Zone Management dropower output; operate 456 lakes in tion; on Federal lands, States get 50 Act and other acts. I hope this will pro- 43 States hosting 33 percent of all percent of the production revenues. vide some balance so that LNG termi- freshwater lake fishing; move 630 mil- Alaska gets 90 percent of the produc- nals can be sited, but environmental lion tons of cargo valued at over $73 tion revenues. In order to have a con- concerns will play a significant role in billion annually through our inland structive dialogue on OCS production, choosing their sites. In an effort to system; manage over 12 million acres the right framework needs to be estab- speed the siting of pipelines that allow of land and water; provide 3 trillion lished. natural gas to reach all parts of the gallons of water for use by local com- My legislation provides the Depart- country, the bill also requires that munities and business; and have pre- ment of the Interior with the legal au- FERC grant or deny a terminal or pipe- vented an estimated $706 billion in thority to issue natural gas only line application within one year. flood damage within the past 25 years leases. Currently, Interior can only Our country is facing an energy cri- with an investment one-seventh that issue combination gas and oil leases. sis. We are consuming more and more value. During the 1993 flood alone, an Since there is greater hesitation about electricity. Gasoline prices are poised estimated $19.1 billion in flood damage the environmental impact of producing to reach all time highs. The price of oil was prevented by flood control facili- oil off-shore, issuing natural gas-only is up. And so, too, is the price of nat- ties in place at that time. Our ports leases may alleviate some concerns. ural gas. move over 95 percent of U.S. overseas It also instructs the Secretary of the The bill I introduce today, the ‘‘Nat- trade by weight and 75 percent by Interior to draw the state boundary be- ural Gas Price Reduction Act,’’ ad- value. Between 1970 and 2003, the value tween Alabama and Florida regarding dresses high natural gas prices. Nat- of U.S. trade increased 24 fold, and 70 Lease 181—a disputed area off the coast ural gas is not just used for heating percent since 1994. That was an average of both states in the Gulf of Mexico in homes, a source of electricity, it is a annual growth rate of 10.2 percent, which Alabama may wish to permit raw material for industries, and it is an which was nearly double the pace of production while Florida may not. The important component in fertilizers the Gross Domestic Product growth boundaries shall be drawn using estab- used by farmers. High natural gas during the same period. Unfortunately, lished international law. Under my prices have cost farmers a 10-percent the American Society of Civil Engi- bill, portions of Lease 181, which are pay cut and are shipping manufac- neers grades navigable waterways in- not in the state of Florida and greater turing and chemical jobs overseas. We frastructure D¥ with over 50 percent of than 30 miles off of the coast of Ala- can not afford to let this problem fes- the locks ‘‘functionally obsolete’’ de- bama, shall be leased by December 31, ter any longer. spite increased demand. 2007. However, of those portions of Bold action is required, and that is This bipartisan bill is one that tradi- Lease 181 that are in the State of Flor- what my legislation provides. This bill tionally is produced by the Congress

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3301 every two years, however, we have not those in this package. We have de-au- by policies and other realities which passed a WRDA bill since 2000 and the thorized a great number of projects in include the quality of our transpor- longer we wait, the more unmet needs this bill and I expect there will be more tation infrastructure. pile up and the more complicated the added as we proceed and then the re- So in 20 and 30 and 40 and 50 years, demands upon the bill become making mainder will have to face the stingy where will the growth in transpor- it harder and harder to win approval. budget process that will prioritize the tation occur to accommodate the For some, this bill is too small and for rest. growth in demand for commercial ship- others, too big. For some, the new reg- While the majority of this legislation ping? The Department of Transpor- ulations are too onerous and for others, is for environmental protection and tation suggests that congestion on our the new regulations are not onerous restoration, a key bipartisan economic roads and rails will double in the next enough. Nevertheless, I believe we have initiative we include provides transpor- quarter century. The fact of the matter struck a balance here that disciplines tation efficiency and environmental is that the great untapped capacity is the new projects to criteria fairly ap- sustainability on the Mississippi and on our water. plied while addressing a great number Illinois Rivers. This is good news because water of water resources priorities. As the world becomes more competi- transportation is efficient, it is safe, it With the new regulations, we have tive, we must also. In the heartland, conserves fuel, and it protects the air embraced a common sense bipartisan the efficiency, reliability, capacity, and the environment. One medium- proposal by Senators LANDRIEU and and safety of our transportation op- sized barge tow can carry the freight of COCHRAN similar to the bi-partisan tions are critical—often make-or- 870 trucks. That fact alone speaks vol- House agreement that requires major break. In Missouri alone, we ship 34.7 umes to the benefits of water. If we projects to be subject to independent million tons of commodities with a can, would we rather have 870 diesel en- peer review and requires that necessary combined value of more than $4 billion gines on the roads of downtown St. mitigation for projects be completed at which include coal, petroleum, aggre- Louis, or two diesel engines on the the same time the project is com- gates, grain, chemicals, iron, steel, water. pleted, or, in special cases, no longer minerals and other commodities. The veteran Chief Economist at than one year after project completion. As we look 50 years into the future, USDA testified that transportation ef- This will impose a cost on commu- and as we anticipate and try to pro- ficiency and the ability of farmers to nities, particularly smaller commu- mote commercial and economic win markets are higher prices are ‘‘fun- nities, but it is not as onerous as the growth, we have to ask ourselves a fun- damentally related.’’ He predicts that new regulations proposed last year damental question: should we have a corn exports over the next 10 years will which ultimately prevented a final system that permits and promotes rise 45 percent, 70 percent of which will agreement from being reached between growth, or should we be satisfied to re- travel down the Mississippi. the House and Senate. strict our growth to the confines of a Over the past 35 years, waterborne The commanding feature of the bill transportation straight jacket designed commerce on the Upper Mississippi is its landmark environmental and eco- not for 2050, but for 1950 for paddle River has more than tripled. The sys- system restoration authorities. Nearly wheel boats? tem currently carries 60 percent of our 60 percent of the bill authorizes such Further, we must ask ourselves if Nation’s corn exports and 45 percent of efforts, including environmental res- dramatic investments should be made our Nation’s soybean exports and it toration of the Everglades, Coastal to address environmental problems and does so at two-thirds the cost of rail— Louisiana, Chesapeake Bay, Missouri opportunities that exist on these great when rail is available. River, Long Island Sound, Salton Sea, waterways. In both cases, the answer Over the previous 12 years, the U.S. Upper Connecticut, and the Illinois and is, ‘‘Of course we should modernize and Army Corps of Engineers have spent Mississippi Rivers, and others. improve.’’ $70 million completing a six year Additionally, it is important to un- We have a system which is in envi- study. During that period, there have derstand the budget implications of ronmental and economic decline. Jobs been 35 meetings of the Governors Liai- this legislation in the real world. We and markets and the availability of son Committee, 28 meetings on the are contending with difficult budget re- habitat for fish and wildlife are at Economic Coordinating Committee, alities currently and it is critical that stake. We cannot be for increased among the States along the Upper Mis- we be mindful of those realities as we trade, commercial growth, and job cre- sissippi and Illinois waterways, and make investments in the infrastruc- ation without supporting the basic there have been 44 meetings of the ture that supports the people in our na- transportation infrastructure nec- Navigation and Environmental Coordi- tion who make and grow and buy and essary to move goods from buyers to nation Committee. Additionally, there sell things so that we can grow our sellers. New efficiency helps give our have been 130 briefings for special in- economy, create jobs, and secure our producers an edge that can make or terest groups, 24 newsletters. There future. This is an authorization bill. It break opportunities in the inter- have been six sets of public meetings in does not spend one dollar. I repeat, it national marketplace. 46 locations with over 4,000 people in does not spend one dollar. It makes Seventy years ago, some argued that attendance. To say the least, this has projects eligible for funding through a transportation system on the Mis- been a very long, very transparent, and the appropriations process that oper- sissippi River was not justified. Con- very representative process. ates within the restrictions of the gress decided that its role was not to However, while we have been study- budget Congress provides it. With the try to predict the future but to shape ing, our competitors have been build- allocation provided, the Appropriations the future and decided to invest in a ing. Given the extraordinary delay so Committee and the Congress and the system despite the naysayers. Over 84 far, and given the reality that large President will fund such projects million tons per year later, it is clear scale construction takes not weeks or deemed of the highest priority and that the decision was wise. months, but decades, further delay is those remaining will not be funded be- Now, that system that was designed no longer an option. This is why I am cause the budget will not permit it. for paddlewheel boats and to last 50 pleased to be joined by a bipartisan This WRDA process simply permits years is nearly 70 years old and we group of Senators who agree that we project consideration during the proc- must make decisions that will shape must improve the efficiency and the ess of appropriations and I expect some the next 50–70 years. As we look ahead, environmental sustainability of our will measure up and others will not. I we must promote growth policies that great resources. hear some suggest that we should not help Americans who produce and em- This plan gets the Corps back in the authorize anything new until all other ploy. business of building the future, rather previously-authorized projects are We must work for policies that pro- than just haggling about predicting the funded. That, of course, is nonsense be- mote economic growth, job creation, future. More will need to be done later cause it assumes falsely that all and environmental sustainability. We on ecosystem and lock expansions fur- projects authorized five and 10 and 50 know that trade and economic growth ther upstream, but this begins the im- years ago are higher priority than can be fostered or it can be discouraged provement schedule underway.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3302 CONGRESSIONAL RECORD — SENATE April 6, 2005 In this legislation, we authorize $1.58 ble of providing. No Federal agency ing outside their homes more often un- billion for ecosystem restoration-al- could complete all of the projects re- derscore the need for us to take charge most 2 times the federal cost of lock quested by all of the Senators. Consid- and shed the old bureaucratic shackles capacity expansion which we authorize ering the limited staff and budget of that have tied us to the overlapping on locks 20–25 on the Mississippi River the Corps, an ‘‘authorize everything’’ and inefficient ad hoc food safety sys- and Peoria and LaGrange on the Illi- approach may leave everyone with tem of the past. nois. The new 1,200 foot locks on the nothing. While I know that each Sen- That is why I come to the Senate Mississippi River will provide equal ca- ator has his or her own priorities, we floor today to introduce the Safe Food pacity in the bottleneck region below all must understand the limitations Act of 2005. My House counterpart, the 1,200 foot lock 19 at Keokuk and with which we reside. I look forward to Representative ROSA DELAURO, is in- above locks 26 and 27 near St. Louis. working with my colleagues to ensure troducing the bill in the other body. Half the cost of the new locks will be that we give clear direction to the This legislation would create a single, paid for by private users who pay into Corps to focus on completing the high- independent Federal food safety agency the Inland Waterways Trust fund. Ad- est priority and most beneficial to administer all aspects of Federal ditional funds will be provided for miti- projects. food safety inspections, enforcement, gation and small scale and non- standards-setting and research in order structural measures to improve effi- By Mr. DURBIN: to protect public health. The compo- ciency. S. 729. A bill to establish the Food nents of the agencies now charged with As we look ahead, the locks at 14–18 Safety Administration to protect the protecting the food supply, primarily will have to be addressed as will fur- public health by preventing food-borne housed at the Food and Drug Adminis- ther investments to ecosystem restora- illness, ensuring the safety of food, im- tration and the Agriculture Depart- tion efforts. proving research on contaminants lead- ment, would be transferred to this new This effort is supported by a broad- ing to food-borne illness, and improv- agency. based group of the States, farm groups, ing security of food from intentional The new Food Safety Administrator shippers, labor, and those who pay contamination, and for other purposes; would be responsible for the safety of taxes into the Trust Fund for improve- to the Committee on Agriculture, Nu- the food supply, and would fulfill that ments. Of particular note, I appreciate trition, and Forestry. charge by implementing the registra- Mr. DURBIN. Mr. President, a single the strong support from the carpenters, tion and recordkeeping requirements of food safety agency with authority to corngrowers, farm bureau, soybeans, the 2002 bioterrorism law; ensuring protect the food supply based on sound the diverse membership of MARC2000. slaughterhouses and food processing scientific principles would provide this I thank my colleagues and their staff plants have procedures in place to pre- country with the greatest hope of re- for the hard work devoted to this dif- vent and reduce food contamination; ducing foodborne illnesses and pre- ficult matter and I thank particularly regularly inspecting domestic food fa- venting or minimizing the harm from a chairman INHOFE for his forbearance. I cilities, with inspection frequency bioterrorist attack on our food supply. believe that if members work coopera- based on risk; and centralizing the au- Right now, our food is the safest in the tively and aim for the center and not thority to detain, seize, condemn and world, but there are widening gaps in the fringe, that we can get a bill com- recall food that is adulterated or mis- our food safety net due to emerging pleted this year. If demands exist that branded. The Administrator would be threats and the fact that food safety the bill be away from the center to- charged with requiring food producers oversight has evolved over time to ward the fringe, we will go another to code their products so those prod- spread across several agencies. This Congress without completing our work ucts could be traced in the event of a mismatched, piecemeal approach to as we witnessed last year. foodborne illness outbreak in order to food safety could spell disaster if we do Mr. INHOFE. Mr. President, first, I minimize the health impact of such an not act quickly and decisively. would like to thank Senator BOND for event. the leadership he and his subcommittee But don’t take it from me. Former The Administrator would also have staff have demonstrated in bringing HHS Secretary Tommy Thompson told the power examine the food safety this piece of legislation together. reporters in December as he resigned I have great hopes for getting a that he worries ‘‘every single night’’ practices of foreign countries and work WRDA bill passed this session. We have about a massive attack on the U.S. with the states to impose various civil not enacted a WRDA bill since 2000, food supply. ‘‘I, for the life of me, can- and criminal penalties for serious vio- and the water resources are in much not understand why the terrorists have lations of the food safety laws. The Ad- need of this authorization. We made not, you know, attacked our food sup- ministrator would also actively oversee great progress and were very close to ply, because it is so easy to do,’’ public education and research pro- finishing a bill at the end of the 108th Thompson said. ‘‘And we are importing grams on foodborne illness. Congress. That effort has provided a a lot of food from the Middle East, and It is time to create a single food safe- great stepping stone toward quick com- it would be easy to tamper with that,’’ ty agency in this country. I am encour- pletion this year. he said. aged by a February 2005 Government The Army Corps of Engineers has No wonder he feels that way. Several Accountability Office report in which provided a valuable service to the Na- Federal agencies, all with different and government officials in seven other tion for over 200 years. It has been in- conflicting missions, work to ensure high-income countries who have con- strumental in creating one of the most our food is safe. For example, there is solidated their food safety systems dynamic inland waterway systems in no standardization for inspections— consistently state that the benefits of the world. For example, the Corps ac- processed food facilities may see a consolidation outweigh the costs. tivities have provided Tulsa, OK with Food and Drug Administration inspec- In this era of limited budgets, it is one of the Nation’s most inland ports tor once every 5 to 6 years, while meat our responsibility to streamline the and provides the dredging needed to and poultry operations are inspected Federal food safety system. The United keep the San Francisco Bay navigable. daily by the U.S. Department of Agri- States simply cannot afford to con- There is not a State in the Union that culture. tinue operating multiple redundant does not reap the benefits of the Army The Centers for Disease Control and systems. This is not about more regu- Corps. Prevention (CDC) estimates that as lation, a super agency, or increased bu- I am well aware of the stacks of re- many as 76 million people suffer from reaucracy. It is about common sense quests that have come in from every food poisoning each year. Of those indi- and the more effective marshaling of State for projects to be included in the viduals, approximately 325,000 will be our existing resources. bill. While it is important that we in- hospitalized, and more than 5,000 will I urge my colleagues to join me in co- sure the Corps is capable of meeting die. Factors such as emerging patho- sponsoring this legislation. our future water resource needs, it is gens, an aging population at high risk I ask unanimous consent that the also very important that we do not de- for foodborne illnesses, an increasing text of the bill be printed in the mand more of the Corps than it is capa- volume of food imports, and people eat- RECORD.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3303 There being no objection, the bill was proach to preventing food-borne illness, a and enforcement functions that, as of the ordered to be printed in the RECORD, as thorough and broad-based approach to basic day before the effective date of this Act, are follows: and applied research, and intensive, effec- performed by other Federal agencies; and tive, and efficient management of the Na- (3) to modernize and strengthen the Fed- S. 729 tion’s food safety program; eral food safety laws to achieve more effec- Be it enacted by the Senate and House of Rep- (4) the task of preserving the safety of the tive application and efficient management of resentatives of the United States of America in food supply of the United States faces tre- the laws for the protection and improvement Congress assembled, mendous pressures with regard to— of public health. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) emerging pathogens and other con- SEC. 3. DEFINITIONS. (a) SHORT TITLE.—This Act may be cited as taminants and the ability to detect all forms In this Act: of contamination; the ‘‘Safe Food Act of 2005’’. (1) ADMINISTRATION.—The term ‘‘Adminis- (b) TABLE OF CONTENTS.—The table of con- (B) an aging and immune compromised tration’’ means the Food Safety Administra- tents of this Act is as follows: population, with a growing number of people tion established under section 101(a)(1). at high-risk for food-borne illnesses, includ- Sec. 1. Short title; table of contents. (2) ADMINISTRATOR.—The term ‘‘Adminis- Sec. 2. Findings; purposes. ing infants and children; trator’’ means the Administrator of Food Sec. 3. Definitions. (C) an increasing volume of imported food, Safety appointed under section 101(a)(3). without adequate monitoring and inspection; (3) ADULTERATED.— TITLE I—ESTABLISHMENT OF FOOD and (A) IN GENERAL.—The term ‘‘adulterated’’ SAFETY ADMINISTRATION (D) maintenance of rigorous inspection of has the meaning described in subsections (a) Sec. 101. Establishment of Food Safety Ad- the domestic food processing and food serv- through (c) of section 402 of the Federal ministration. ice industries; Food, Drug, and Cosmetic Act (21 U.S.C. 342). Sec. 102. Consolidation of separate food safe- (5) Federal food safety standard setting, in- (B) INCLUSION.—The term ‘‘adulterated’’ in- ty and inspection services and spection, enforcement, and research efforts cludes bearing or containing a contaminant agencies. should be based on the best available science that causes illness or death among sensitive Sec. 103. Additional duties of the Adminis- and public health considerations and food populations. tration. safety resources should be systematically de- (4) AGENCY.—The term ‘‘agency’’ has the TITLE II—ADMINISTRATION OF FOOD ployed in ways that most effectively prevent meaning given that term in section 551 of SAFETY PROGRAM food-borne illness; title 5, United States Code. Sec. 201. Administration of national pro- (6) the Federal food safety system is frag- mented, with at least 12 Federal agencies (5) CATEGORY 1 FOOD ESTABLISHMENT.—The gram. term ‘‘category 1 food establishment’’ means Sec. 202. Registration of food establishments sharing responsibility for food safety, and operates under laws that do not reflect cur- a food establishment that slaughters animals and foreign food establish- for food. ments. rent conditions in the food system or current scientific knowledge about the cause and (6) CATEGORY 2 FOOD ESTABLISHMENT.—The Sec. 203. Preventative process controls to re- term ‘‘category 2 food establishment’’ means duce adulteration of food. prevention of food-borne illness; (7) the fragmented Federal food safety sys- a food establishment that processes raw Sec. 204. Performance standards for con- meat, poultry, seafood products, regardless taminants in food. tem and outdated laws preclude an inte- grated, system-wide approach to preventing of whether the establishment also has a kill Sec. 205. Inspections of food establishments. step, and animal feed and other products Sec. 206. Food production facilities. food-borne illness, to the effective and effi- cient operation of the Nation’s food safety that the Administrator determines by regu- Sec. 207. Federal and State cooperation. lation to be at high risk of contamination Sec. 208. Imports. program, and to the most beneficial deploy- ment of food safety resources; and the processes of which do not include a Sec. 209. Resource plan. step validated to destroy contaminants. Sec. 210. Traceback. (8) the National Academy of Sciences rec- ommended in the report ‘‘Ensuring Safe (7) CATEGORY 3 FOOD ESTABLISHMENT.—The TITLE III—RESEARCH AND EDUCATION Food from Production to Consumption’’ that term ‘‘category 3 food establishment’’ means Sec. 301. Public health assessment system. Congress establish by statute a unified and a food establishment that processes meat, Sec. 302. Public education and advisory sys- central framework for managing Federal poultry, seafood products, and other prod- tem. food safety programs, and recommended ucts that the Administrator determines by Sec. 303. Research. modifying Federal statutes so that inspec- regulation to be at high risk of contamina- TITLE IV—ENFORCEMENT tion, enforcement, and research efforts are tion and whose processes include a step vali- dated to destroy contaminants. Sec. 401. Prohibited Acts. based on scientifically supportable assess- (8) CATEGORY 4 FOOD ESTABLISHMENT.—The Sec. 402. Food detention, seizure, and con- ments of risks to public health; and term ‘‘category 4 food establishment’’ means demnation. (9) the lack of a single focal point for food a food establishment that processes all other Sec. 403. Notification and recall. safety leadership in the United States under- categories of food products not described in Sec. 404. Injunction proceedings. cuts the ability of the United States to exert paragraphs (5) through (7). Sec. 405. Civil and criminal penalties. food safety leadership internationally, which (9) CATEGORY 5 FOOD ESTABLISHMENT.—The Sec. 406. Presumption. is detrimental to the public health and the term ‘‘category 5 food establishment’’ means Sec. 407. Whistleblower protection. international trade interests of the United Sec. 408. Administration and enforcement. States. a food establishment that stores, holds, or Sec. 409. Citizen civil actions. (b) PURPOSES.—The purposes of this Act transports food products prior to delivery for are— retail sale. TITLE V—IMPLEMENTATION (1) to establish a single agency to be (10) CONTAMINANT.—The term ‘‘contami- Sec. 501. Definition. known as the ‘‘Food Safety Administration’’ nant’’ includes a bacterium, chemical, nat- Sec. 502. Reorganization plan. to— ural or manufactured toxin, virus, parasite, Sec. 503. Transitional authorities. (A) regulate food safety and labeling to prion, physical hazard, or other human Sec. 504. Savings provisions. strengthen the protection of the public pathogen that when found on or in food can Sec. 505. Conforming amendments. health; cause human illness, injury, or death. Sec. 506. Additional technical and con- (B) ensure that food establishments fulfill (11) CONTAMINATION.—The term ‘‘contami- forming amendments. their responsibility to produce food in a nation’’ refers to a presence of a contami- Sec. 507. Regulations. manner that protects the public health of all nant in food. Sec. 508. Authorization of appropriations. people in the United States; (12) FOOD.— Sec. 509. Limitation on authorization of ap- (C) lead an integrated, system-wide ap- (A) IN GENERAL.—The term ‘‘food’’ means a propriations. proach to food safety and to make more ef- product intended to be used for food or drink Sec. 510. Effective date. fective and efficient use of resources to pre- for a human or an animal. SEC. 2. FINDINGS; PURPOSES. vent food-borne illness; (B) INCLUSIONS.—The term ‘‘food’’ includes (a) FINDINGS.—Congress finds that— (D) provide a single focal point for food any product (including a meat food product, (1) the safety of the food supply of the safety leadership, both nationally and inter- as defined in section 1(j) of the Federal Meat United States is vital to the public health, to nationally; and Inspection Act (21 U.S.C. 601(j))), capable for public confidence in the food supply, and to (E) provide an integrated food safety re- use as human food that is made in whole or the success of the food sector of the Nation’s search capability, utilizing internally-gen- in part from any animal, including cattle, economy; erated, scientifically and statistically valid sheep, swine, or goat, or poultry (as defined (2) lapses in the protection of the food sup- studies, in cooperation with academic insti- in section 4 of the Poultry Products Inspec- ply and loss of public confidence in food safe- tutions and other scientific entities of the tion Act (21 U.S.C. 453)), and animal feed. ty are damaging to consumers and the food Federal and State governments, to achieve (C) EXCLUSION.—The term ‘‘food’’ does not industry, and place a burden on interstate the continuous improvement of research on include dietary supplements, as defined in commerce; food-borne illness and contaminants; section 201(ff) of the Federal Food, Drug, and (3) the safety and security of the food sup- (2) to transfer to the Food Safety Adminis- Cosmetic Act (21 U.S.C. 321(ff)). ply requires an integrated, system-wide ap- tration the food safety, labeling, inspection, (13) FOOD ESTABLISHMENT.—

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(A) IN GENERAL.—The term ‘‘food establish- ards set by the National Institute of Stand- (7) the resources and facilities of the Envi- ment’’ means a slaughterhouse, factory, ards and Technology. ronmental Protection Agency that control warehouse, or facility owned or operated by TITLE I—ESTABLISHMENT OF FOOD and regulate pesticide residues in food; a person located in any State that processes SAFETY ADMINISTRATION (8) the part of the Research, Education, food or a facility that holds, stores, or trans- and Economics mission area of the Depart- ports food or food ingredients. SEC. 101. ESTABLISHMENT OF FOOD SAFETY AD- ment of Agriculture related to food safety MINISTRATION. (B) EXCLUSIONS.—For the purposes of reg- and animal feed research; (a) ESTABLISHMENT.— istration, the term ‘‘food establishment’’ (9) the part of the National Marine Fish- (1) IN GENERAL.—There is established in the does not include a farm, restaurant, other re- eries Service of the National Oceanic and At- executive branch an agency to be known as tail food establishment, nonprofit food es- mospheric Administration of the Depart- the ‘‘Food Safety Administration’’. tablishment in which food is prepared for or ment of Commerce that administers the sea- (2) STATUS.—The Administration shall be served directly to the consumer, or fishing food inspection program; an independent establishment (as defined in vessel (other than a fishing vessel engaged in (10) the Animal and Plant Inspection section 104 of title 5, United States Code). processing, as that term is defined in section Health Service of the Department of Agri- (3) HEAD OF ADMINISTRATION.—The Admin- 123.3 of title 21, Code of Federal Regulations). culture; and istration shall be headed by the Adminis- (14) FOOD PRODUCTION FACILITY.—The term (11) such other offices, services, or agencies trator of Food Safety, who shall be ap- ‘‘food production facility’’ means any farm, as the President designates by Executive pointed by the President, by and with the ad- ranch, orchard, vineyard, aquaculture facil- order to carry out this Act. vice and consent of the Senate. ity, or confined animal-feeding operation. SEC. 103. ADDITIONAL DUTIES OF THE ADMINIS- (b) DUTIES OF ADMINISTRATOR.—The Ad- (15) FOOD SAFETY LAW.—The term ‘‘food TRATION. ministrator shall— safety law’’ means— (a) OFFICERS AND EMPLOYEES.—The Admin- (A) the provisions of the Federal Food, (1) administer and enforce the food safety istrator may— Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) law; (1) appoint officers and employees for the related to and requiring the safety, labeling, (2) serve as a representative to inter- Administration in accordance with the pro- and inspection of food, infant formulas, food national food safety bodies and discussions; visions of title 5, United States Code, relat- additives, pesticide residues, and other sub- (3) promulgate regulations to ensure the ing to appointment in the competitive serv- stances present in food under that Act; security of the food supply from all forms of ice; and (B) the provisions of the Federal Food, contamination, including intentional con- (2) fix the compensation of those officers Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) tamination; and and employees in accordance with chapter 51 and of any other Act that are administered (4) oversee— and with subchapter III of chapter 53 of that by the Center for Veterinary Medicine of the (A) implementation of Federal food safety title, relating to classification and General Food and Drug Administration; inspection, enforcement, and research ef- Schedule pay rates. (C) the Poultry Products Inspection Act (21 forts, to protect the public health; (b) EXPERTS AND CONSULTANTS.—The Ad- U.S.C. 451 et seq.); (B) development of consistent and science- ministrator may— (D) the Federal Meat Inspection Act (21 based standards for safe food; (1) procure the services of temporary or U.S.C. 601 et seq.); (C) coordination and prioritization of food intermittent experts and consultants as au- (E) the Egg Products Inspection Act (21 safety research and education programs with thorized by section 3109 of title 5, United U.S.C. 1031 et seq.); other Federal agencies; States Code; and (F) the Sanitary Food Transportation Act (D) prioritization of Federal food safety ef- (2) pay in connection with those services of 1990 (49 U.S.C. App. 2801 et seq.); forts and deployment of Federal food safety the travel expenses of the experts and con- (G) the provisions of the Humane Methods resources to achieve the greatest possible sultants, including transportation and per of Slaughter Act of 1978 (Public Law 95–448) benefit in reducing food-borne illness; diem in lieu of subsistence while away from administered by the Food Safety and Inspec- (E) coordination of the Federal response to the homes or regular places of business of tion Service; food-borne illness outbreaks with other Fed- the individuals, as authorized by section 5703 (H) the provisions of this Act; and eral and State agencies; and of that title. (I) such other provisions of law related to (F) integration of Federal food safety ac- (c) BUREAUS, OFFICES, AND DIVISIONS.—The and requiring food safety, labeling, inspec- tivities with State and local agencies. Administrator may establish within the Ad- tion, and enforcement as the President des- SEC. 102. CONSOLIDATION OF SEPARATE FOOD ministration such bureaus, offices, and divi- ignates by Executive order as appropriate to SAFETY AND INSPECTION SERVICES sions as the Administrator determines are include within the jurisdiction of the Admin- AND AGENCIES. necessary to perform the duties of the Ad- istration. (a) TRANSFER OF FUNCTIONS.—For each ministrator. (16) FOREIGN FOOD ESTABLISHMENT.—The Federal agency specified in subsection (b), (d) ADVISORY COMMITTEES.— term ‘‘foreign food establishment’’ means a there are transferred to the Administration (1) IN GENERAL.—The Administrator shall slaughterhouse, factory, warehouse, or facil- all functions that the head of the Federal establish advisory committees that consist ity located outside the United States that agency exercised on the day before the effec- of representatives of scientific expert bodies, processes food for consumption that is im- tive date of this Act (including all related academics, industry specialists, and con- ported into the United States or food ingre- functions of any officer or employee of the sumers. dients. Federal agency) that relate to administra- (2) DUTIES.—The duties of an advisory com- (17) INTERSTATE COMMERCE.—The term tion or enforcement of the food safety law, mittee established under paragraph (1) may ‘‘interstate commerce’’ has the meaning as determined by the President. include developing recommendations with given that term in section 201(b) of the Fed- (b) TRANSFERRED AGENCIES.—The Federal respect to the development of new processes, eral Food, Drug, and Cosmetic Act (21 U.S.C. agencies referred to in subsection (a) are— research, communications, performance 321(b)). (1) the Food Safety and Inspection Service standards, and inspection. (18) MISBRANDED.—The term ‘‘misbranded’’ of the Department of Agriculture; TITLE II—ADMINISTRATION OF FOOD has the meaning given that term in section (2) the Center for Food Safety and Applied SAFETY PROGRAM 403 of the Federal Food, Drug, and Cosmetic Nutrition of the Food and Drug Administra- SEC. 201. ADMINISTRATION OF NATIONAL PRO- Act (21 U.S.C. 343). tion; GRAM. (19) PROCESS.—The term ‘‘process’’ or (3) the part of the Agriculture Marketing (a) IN GENERAL.—The Administrator ‘‘processing’’ means the commercial har- Service that administers shell egg surveil- shall— vesting, slaughter, packing, preparation, or lance services established under the Egg (1) administer a national food safety pro- manufacture of food. Products Inspection Act (21 U.S.C. 1031 et gram (referred to in this section as the ‘‘pro- (20) SAFE.—The term ‘‘safe’’ refers to seq.); gram’’) to protect public health; and human and animal health. (4) the resources and facilities of the Office (2) ensure that persons who produce or (21) STATE.—The term ‘‘State’’ means— of Regulatory Affairs of the Food and Drug process food meet their responsibility to pre- (A) a State; Administration that administer and conduct vent or minimize food safety hazards related (B) the District of Columbia; inspections of food establishments and im- to their products. (C) the Commonwealth of Puerto Rico; and ports; (b) COMPREHENSIVE ANALYSIS.—The pro- (D) any other territory or possession of the (5) the resources and facilities of the Office gram shall be based on a comprehensive United States. of the Commissioner of the Food and Drug analysis of the hazards associated with dif- (22) VALIDATION.—The term ‘‘validation’’ Administration that support— ferent food and with the processing of dif- means the obtaining of evidence that the (A) the Center for Food Safety and Applied ferent food, including the identification and food hygiene control measure or measures Nutrition; evaluation of— selected to control a hazard in food is capa- (B) the Center for Veterinary Medicine; (1) the severity of the potential health ble of effectively and consistently control- and risks; ling the hazard. (C) the Office of Regulatory Affairs facili- (2) the sources and specific points of poten- (23) STATISTICALLY VALID.—With respect to ties and resources described in paragraph (4); tial contamination extending from the farm a study, the term ‘‘statistically valid’’ (6) the Center for Veterinary Medicine of or ranch to the consumer that may render means evaluated and conducted under stand- the Food and Drug Administration; food unsafe;

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(3) the potential for persistence, mul- and all trade names under which the reg- (b) REGULATIONS.—Not later than 1 year tiplication, or concentration of naturally oc- istrant conducts business relating to food; after the effective date of this Act, the Ad- curring or added contaminants in food; (B) lists the primary purpose and business ministrator shall promulgate regulations (4) opportunities across the food produc- activity of each food establishment or for- that— tion, processing, distribution, and retail sys- eign food establishment, including the dates (1) require all food establishments to adopt tem to reduce potential health risks; and of operation if the food establishment or for- preventative process controls that are— (5) opportunities for intentional contami- eign food establishment is seasonal; (A) adequate to protect the public health; nation. (C) lists the types of food processed or sold (B) meet relevant regulatory and food safe- (c) PROGRAM ELEMENTS.—In carrying out at each food establishment or, for foreign ty standards; and the program, the Administrator shall— food establishments selling food for con- (C) limit the presence and growth of con- (1) adopt and implement a national system sumption in the United States, identifies the taminants in food prepared in a food estab- for the registration of food establishments specific food categories of that food as listed lishment; and foreign food establishments and regular under section 170.3 of title 21, Code of Fed- (2) set standards for sanitation; unannounced inspection of food establish- eral Regulations; and (3) meet any performance standards for ments; (D) not later than 30 days after a change in contaminants established under section 204; (2) enforce the adoption of process controls the products, function, or legal status of the (4) require recordkeeping to monitor com- in food establishments, based on best avail- food establishment or foreign food establish- pliance; able scientific and public health consider- ment (including cessation of business activi- (5) require sampling and testing at a fre- ations and best available technologies; ties), notifies the Administrator of the quency and in a manner sufficient to ensure (3) establish and enforce science-based change. that process controls are effective on an on- standards for— (3) PROCEDURE.—Upon receipt of a com- going basis and that regulatory standards (A) substances that may contaminate food; pleted registration described in paragraph are being met; and and (1), the Administrator shall notify the reg- (6) provide for agency access to records (B) safety and sanitation in the processing istrant of the receipt of the registration, des- kept by food establishments and submission and handling of food; ignate each establishment as a category 1, 2, of copies of the records to the Administrator, (4) implement a statistically valid sam- 3, 4, or 5 food establishment, and assign a as the Administrator determines appro- pling program to ensure that industry pro- registration number to each food establish- priate. grams and procedures that prevent food con- ment and foreign food establishment. (c) PROCESSING CONTROLS.—The Adminis- tamination are effective on an ongoing basis (4) LIST.—The Administrator shall compile trator may require any person with responsi- and that food meets the standards estab- and maintain an up-to-date list of food es- bility for or control over food or food ingre- lished under this Act; tablishments and foreign food establish- dients to adopt process controls, if the proc- (5) implement procedures and requirements ments that are registered under this section. ess controls are needed to ensure the protec- to ensure the safety and security of imported The Administrator may establish regula- tion of the public health. food; tions by which such list may be shared with (6) coordinate with other agencies and other governmental authorities. SEC. 204. PERFORMANCE STANDARDS FOR CON- TAMINANTS IN FOOD. State or local governments in carrying out (5) DISCLOSURE EXEMPTION.—The disclosure (a) IN GENERAL.—To protect the public inspection, enforcement, research, and moni- requirements under section 552 of title 5, health, the Administrator shall establish by toring; United States Code, shall not apply to— regulation and enforce performance stand- (7) have access to the surveillance data of (A) the list compiled under paragraph (4); ards that define, with respect to specific the Centers for Disease Control and Preven- and food-borne contaminants and foods, the level tion, and other Federal Government agen- (B) information derived from the list under of food safety performance that a person re- cies, in order to implement a national sur- paragraph (4), to the extent that it discloses sponsible for producing, processing, or sell- veillance system to assess the health risks the identity or location of a specific reg- ing food shall meet. associated with the human consumption of istered person. (b) IDENTIFICATION OF CONTAMINANTS; PER- food or to create surveillance data and stud- (6) SUSPENSION OF REGISTRATION.— FORMANCE STANDARDS.— ies; (A) IN GENERAL.—The Administrator may (8) develop public education risk commu- suspend the registration of a food establish- (1) IN GENERAL.—Not later than 6 months nication and advisory programs; ment or foreign food establishment, includ- after the date of enactment of this Act, the (9) implement a basic and applied research ing the facility of an importer, for violation Administrator shall identify the food-borne program to further the purposes of this Act; of a food safety law. contaminants and food that contribute sig- nificantly to the risk of food-borne illness. and (B) NOTICE AND OPPORTUNITY FOR HEAR- (2) PERFORMANCE STANDARDS.—As soon as (10) coordinate and prioritize food safety ING.—The Administrator shall provide notice research and educational programs with to a registrant immediately upon the suspen- practicable after the identification of the other agencies, including State or local sion of the registration of the facility and contaminants under paragraph (1), the Ad- agencies. provide registrant with an opportunity for a ministrator shall establish appropriate per- formance standards to protect against all SEC. 202. REGISTRATION OF FOOD ESTABLISH- hearing within 3 days of the suspension. MENTS AND FOREIGN FOOD ESTAB- (7) REINSTATEMENT.—A registration that is food-borne contaminants. LISHMENTS. suspended under this section may be rein- (3) SIGNIFICANT CONTAMINANTS.—The Ad- (a) IN GENERAL.—The Administrator shall stated pursuant to criteria published in the ministrator shall establish performance by regulation require that any food estab- Federal Register by the Administrator. standards for the 5 contaminants that con- tribute to the greatest number of illnesses or lishment or foreign food establishment en- SEC. 203. PREVENTATIVE PROCESS CONTROLS gaged in processing food in the United States TO REDUCE ADULTERATION OF deaths associated with raw meat, poultry, be registered with the Administrator. FOOD. and seafood not later than 3 years after the (b) REGISTRATION REQUIREMENTS.— (a) IN GENERAL.—The Administrator shall, date of enactment of this Act. The Adminis- (1) IN GENERAL.—To be registered under upon the basis of best available public trator shall revise such standards not less subsection (a)— health, scientific, and technological data, often than every 3 years. (A) in the case of a food establishment, the promulgate regulations to ensure that food (c) PERFORMANCE STANDARDS.— owner, operator, or agent in charge of the establishments carry out their responsibil- (1) IN GENERAL.—The performance stand- food establishment shall submit a registra- ities to— ards established under this section shall in- tion to the Administrator; and (1) process food in a sanitary manner so clude— (B) in the case of a foreign food establish- that it is free of dirt and filth; (A) health-based standards that set the ment, the owner, operator, or agent in (2) limit the presence of potentially harm- level of a contaminant that can safely and charge of the foreign food establishment ful contaminants in food; lawfully be present in food; shall— (3) implement appropriate measures of pre- (B) zero tolerances, including zero toler- (i) submit a registration to the Adminis- ventative process control to minimize and ances for fecal matter, in addition to any trator; and reduce the presence and growth of contami- zero-tolerance standards in effect on the day (ii) provide the name, address, and emer- nants in food and meet the performance before the date of enactment of this Act, gency contact information of the United standards established under section 204; when necessary to protect against signifi- States agent for the foreign food establish- (4) process all fully processed or ready-to- cant adverse health outcomes; ment. eat food in a sanitary manner, using reason- (C) process standards, such as log reduc- (2) REGISTRATION.—A food establishment or ably available techniques and technologies tion criteria for cooked products, when suffi- foreign food establishment shall submit a to eliminate any potentially harmful con- cient to ensure the safety of processed food; registration under paragraph (1) to the Ad- taminants; and and ministrator that— (5) label food intended for final processing (D) in the absence of data to support a per- (A) identifies the name, address, and emer- outside commercial food establishments formance standard described in subparagraph gency contact information of each food es- with instructions for handling and prepara- (A), (B), or (C), standards that define re- tablishment or foreign food establishment tion for consumption that will destroy con- quired performance in terms of ‘‘best reason- that the registrant operates under this Act taminants. ably achievable performance’’, using best

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3306 CONGRESSIONAL RECORD — SENATE April 6, 2005 available technologies, interventions, and during all operating hours, and other inspec- (B) whether products from the specific es- practices. tion on a daily basis, sufficient to verify tablishment have been associated with a case (2) BEST REASONABLY ACHIEVABLE PERFORM- that— or an outbreak of food-borne illness; and ANCE STANDARDS.—In developing best reason- (A) diseased animals are not offered for (C) the record of the establishment of com- ably achievable performance standards, the slaughter; pliance with the food safety law, including Administrator shall collect, or contract for (B) the food establishment has successfully compliance with applicable performance the collection of, data on current best prac- identified and removed from the slaughter standards and the frequency of recalls. tices and food safety outcomes related to the line visibly defective or contaminated car- (6) Before establishing decreased alter- contaminants and foods in question, as the casses, has avoided cross-contamination, and native inspection frequencies for subcat- Administrator determines necessary. destroyed or reprocessed them in a manner egories of establishments or individual es- (3) REVOCATION BY ADMINISTRATOR.—All acceptable to the Administrator; and tablishments, the Administrator shall— performance standards, tolerances, action (C) that applicable performance standards (A) determine, based on the best available levels, or other similar standards in effect on and other provisions of the food safety law, evidence, that the alternative uses of the re- the date of enactment of this Act shall re- including those intended to eliminate or re- sources required to carry out the inspection main in effect until revised or revoked by duce pathogens, have been satisfied. activity would make a greater contribution the Administrator. (2) CATEGORY 2 FOOD ESTABLISHMENTS.—A to protecting the public health and reducing (d) ENFORCEMENT.— category 2 food establishment shall be ran- the risk of food-borne illness than the use of (1) IN GENERAL.—Not later than 1 year after domly inspected at least daily. resources described in subsection (b); the promulgation of a performance standard (3) CATEGORY 3 FOOD ESTABLISHMENTS.—A (B) describe the alternative uses of re- under this section, the Administrator shall category 3 food establishment shall— sources in general terms when issuing the implement a statistically significant sam- (A) have ongoing verification that its proc- regulation or order that establishes the al- pling program to determine whether food es- esses are controlled; and ternative inspection frequency; tablishments are complying with the per- (B) be randomly inspected at least month- (C) consider the supporting evidence that formance standards promulgated under this ly. an individual food establishment shall sub- section. The program established under this (4) CATEGORY 4 FOOD ESTABLISHMENTS.—A mit related to whether an alternative inspec- paragraph shall be at least as stringent as category 4 food establishment shall be ran- tion frequency should be established for such the Hazard Analysis and Critical Control domly inspected at least quarterly. establishment by the Administrator; and Point System requirements established (5) CATEGORY 5 FOOD ESTABLISHMENTS.—A (D) include a description of the alternative under part 417 of title 9, Code of Federal Reg- category 5 food establishment shall be ran- uses in the annual resource plan required in ulations (or successor regulation). domly inspected at least annually. section 209. (c) ESTABLISHMENT OF INSPECTION PROCE- (2) INSPECTIONS.—If the Administrator de- (e) INSPECTION TRANSITION.—The Adminis- termines that a food establishment fails to DURES.—The Administrator shall establish procedures under which inspectors or safety trator shall manage the transition to the in- meet a standard promulgated under this sec- spection system described in this Act as fol- tion, and such establishment fails to take officers shall take random samples, photo- graphs, and copies of records in food estab- lows: appropriate corrective action as determined (1) In the case of a category 1 or 2 food es- by the Administrator, the Administrator lishments. (d) ALTERNATIVE INSPECTION FRE- tablishment, the Administrator shall con- shall, as appropriate— QUENCIES.—With respect to a category 2, 3, 4, tinue to implement the applicable inspection (A) detain, seize, or condemn food from the or 5 food establishment, the Administrator mandates of the Federal Meat Inspection Act food establishment under section 402; may establish alternative increasing or de- (21 U.S.C. 601 et seq.), the Poultry Products (B) order a recall of food from the food es- creasing inspection frequencies for subcat- Inspection Act (21 U.S.C. 451 et seq.), and the tablishment under section 403; egories of food establishments or individual Federal Food, Drug, and Cosmetic Act (21 (C) increase the inspection frequency for establishments, to foster risk-based alloca- U.S.C. 301 et seq.) until— the food establishment; tion of resources, subject to the following (A) regulations required to implement this (D) withdraw the mark of inspection from criteria and procedures: section have been promulgated; the food establishment, if in use; or (1) Subcategories of food establishments (B) the performance standards required by (E) take other appropriate enforcement ac- and their alternative inspection frequencies section 204(c) have been promulgated and im- tion concerning the food establishment, in- shall be defined by regulation, subject to plemented for 1 year; and cluding withdrawal of registration. paragraphs (2) and (3). (C) the establishment has achieved compli- (e) NEWLY IDENTIFIED CONTAMINANTS.—Not- (2) Regulations of alternative inspection ance with the other applicable provisions of withstanding any other provision of this sec- frequencies for subcategories of food estab- the food safety law. tion, the Administrator shall promulgate in- lishments under paragraph (1) and for a spe- (2) In the case of a category 1 or 2 food es- terim performance standards for newly iden- cific food establishment under paragraph (4) tablishment that, within 2 years after the tified contaminants as necessary to protect the public health. shall provide that— promulgation of the performance standards (A) category 2 food establishments shall be required by section 204(c), has not achieved SEC. 205. INSPECTIONS OF FOOD ESTABLISH- MENTS. inspected at least monthly; and compliance with the food safety law, the Ad- (a) IN GENERAL.—The Administrator shall (B) category 3, 4, and 5 food establishments ministrator shall— establish an inspection program, which shall shall be inspected at least annually. (A) issue an order prohibiting the estab- include sampling and testing of food and food (3) In defining subcategories of food estab- lishment from operating pending a dem- establishments, to determine if each food es- lishments and their alternative inspection onstration by the establishment that suffi- tablishment— frequencies under paragraphs (1) and (2), the cient changes in facilities, procedures, per- (1) is operating in a sanitary manner; Administrator shall consider— sonnel, or other aspects of the process con- (2) has continuous systems, interventions, (A) the nature of the food products being trol system have been made such that the and processes in place to minimize or elimi- processed, stored, or transported; Administrator determines that compliance nate contaminants in food; (B) the manner in which food products are with the food safety law is achieved; and (3) is in compliance with applicable per- processed, stored, or transported; (B) following the demonstration required formance standards established under sec- (C) the inherent likelihood that the prod- in subparagraph (A), issue an order author- tion 203, and other regulatory requirements; ucts will contribute to the risk of food-borne izing the food establishment to operate sub- (4) is processing food that is safe and not illness; ject, at a minimum, to— adulterated or misbranded; (D) the best available evidence concerning (i) the inspection requirement applicable (5) maintains records of process control reported illnesses associated with the foods to the establishment under subsection (b) (1) plans under section 203, and other records re- produced in the proposed subcategory of es- or (2); and lated to the processing, sampling, and han- tablishments; and (ii) such other inspection or compliance dling of food; and (E) the overall record of compliance with measures determined by the Administrator (6) is in compliance with the requirements the food safety law among establishments in necessary to assure compliance with the ap- of the food safety law. the proposed subcategory, including compli- plicable food safety law. (b) ESTABLISHMENT CATEGORIES AND IN- ance with applicable performance standards (3) In the case of a category 3 food estab- SPECTION FREQUENCIES.—The resource plan and the frequency of recalls. lishment, the Administrator shall continue required under section 209, including the de- (4) The Administrator may adopt alter- to implement the applicable inspection man- scription of resources required to carry out native inspection frequencies for increased dates of the Federal Meat Inspection Act (21 inspections of food establishments, shall be or decreased inspection for a specific estab- U.S.C. 601 et seq.), the Poultry Products In- based on the following categories and inspec- lishment, subject to paragraphs (2) and (5) spection Act (21 U.S.C. 451 et seq.), and the tion frequencies, subject to subsections (c), and shall periodically publish a list of estab- Federal Food, Drug, and Cosmetic Act (21 (d), and (e): lishments subject to alternative inspections. U.S.C. 301 et seq.) until— (1) CATEGORY 1 FOOD ESTABLISHMENTS.—A (5) In adopting alternative inspection fre- (A) the regulations required to implement category 1 food establishment shall be sub- quencies for a specific establishment, the this section have been promulgated; ject to antemortem, postmortem, and con- Administrator shall consider— (B) the first resource plan under section 209 tinuous inspection of each slaughter line (A) the criteria in paragraph (3); has been submitted; and

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(3) CATEGORY 4 AND 5 FOOD ESTABLISH- data (other than shipment dates relating to (4) In the case of a category 3 food estab- MENTS.—In the case of a product produced in sales); lishment that, within 1 year after the pro- a category 4 or 5 food establishment the Ad- (D) limit the public disclosure of distribu- mulgation of the regulations required to im- ministrator shall provide by regulation for tion records or other records related to food plement this section, have not demonstrated the voluntary use of the official mark estab- subject to a voluntary or mandatory recall compliance with the food safety law, the Ad- lished under paragraph (1), subject to— under section 403; or ministrator shall— (A) such minimum inspection frequencies (E) limit the authority of the Adminis- (A) issue an order prohibiting the estab- as determined appropriate by the Adminis- trator to promulgate regulations to permit lishment from operating, pending a dem- trator; the sharing of data with other governmental onstration by the establishment that suffi- (B) compliance with applicable perform- authorities. cient changes in facilities, procedures, per- ance standards and other provisions of the (j) BRIBERY OF OR GIFTS TO INSPECTOR OR sonnel, or other aspects of the process con- food safety law; and OTHER OFFICERS AND ACCEPTANCE OF GIFTS.— trol system have been made such that the (C) such other requirements the Adminis- Section 22 of the Federal Meat Inspection Administrator determines that compliance trator considers appropriate. Act (21 U.S.C. 622) shall apply under this Act. with the food safety law is achieved; and (g) IMPLEMENTATION.—Not later than 1 year SEC. 206. FOOD PRODUCTION FACILITIES. after the effective date of this Act, the Ad- (B) following the demonstration required In carrying out the duties of the Adminis- ministrator shall issue regulations to imple- in subparagraph (A), issue an order author- trator and the purposes of this Act, the Ad- ment subsections (b) through (e). izing the establishment to operate subject, ministrator shall have the authority, with (h) MAINTENANCE AND INSPECTION OF at a minimum, to— RECORDS.— respect to food production facilities, to— (i) the inspection requirement applicable (1) IN GENERAL.— (1) visit and inspect food production facili- to the establishment under subsection (b)(3); (A) RECORDS.—A food establishment shall— ties in the United States and in foreign coun- and (i) maintain such records as the Adminis- tries to investigate bioterrorism threats and (ii) such other inspection or compliance trator shall require by regulation, including for other critical food safety purposes; measures determined by the Administrator all records relating to the processing, dis- (2) review food safety records as required necessary to assure compliance with the food tributing, receipt, or importation of any to be kept by the Administrator to carry out safety law. food; and traceback and for other critical food safety (5) In the case of a category 4 or 5 food es- (ii) permit the Administrator, in addition purposes; tablishment, the inspection requirements of to any authority of the food safety agencies (3) set good practice standards to protect this Act shall be implemented as soon as pos- in effect on the day before the date of enact- the public and animal health and promote sible after— ment of this Act, upon presentation of appro- food safety; (A) the promulgation of the regulations re- priate credentials and at reasonable times (4) conduct monitoring and surveillance of quired to implement this section; and in a reasonable manner, to have access animals, plants, products, or the environ- (B) the publication of the first resource to and copy all records maintained by or on ment, as appropriate; and plan under section 209; and behalf of such food establishment represent- (5) collect and maintain information rel- (C) the commencement of the first fiscal ative in any format (including paper or elec- evant to public health and farm practices. year in which the Administration is oper- tronic) and at any location, that are nec- SEC. 207. FEDERAL AND STATE COOPERATION. ating with budgetary resources that Con- essary to assist the Administrator— (a) IN GENERAL.—The Administrator shall gress has appropriated following consider- (I) to determine whether the food is con- work with the States to carry out activities ation of the resource plan under section 209. taminated or not in compliance with the and programs that create a national food (f) OFFICIAL MARK.— food safety law; or safety program so that Federal and State (1) IN GENERAL.— (II) to track the food in commerce. programs function in a coordinated and cost- (A) ESTABLISHMENT.—Before the comple- (B) REQUIRED DISCLOSURE.—A food estab- effective manner. tion of the transition process under para- lishment shall have an affirmative obliga- (b) STATE ACTION.—The Administrator graphs (1) through (3) of subsection (e), the tion to disclose to the Administrator the re- shall work with States to— Administrator shall by regulation establish sults of testing or sampling of food, equip- (1) continue, strengthen, or establish State an official mark that shall be affixed to a ment, or material in contact with food, that food safety programs, especially with respect food product produced in a category 1, 2, or is positive for any contaminant. to the regulation of retail commercial food 3 establishment, subject to subparagraph (B). (2) MAINTENANCE OF RECORDS.—The records establishments, transportation, harvesting, (B) PREREQUISITE.—The official mark re- in paragraph (1) shall be maintained for a and fresh markets; quired under subparagraph (A) shall be af- reasonable period of time, as determined by (2) continue, strengthen, or establish in- fixed to a food product by the Administrator the Administrator. spection programs and requirements to en- if the establishment has been inspected by (3) REQUIREMENTS.—The records in para- sure that food under the jurisdiction of the the Administrator in accordance with the in- graph (1) shall include records describing— State is safe; and spection frequencies under this section and (A) the origin, receipt, delivery, sale, (3) support recall authorities at the State the establishment is in compliance with the movement, holding, and disposition of food and local levels. food safety law. or ingredients; (c) ASSISTANCE.—To assist in planning, de- (C) REMOVAL OF OFFICIAL MARK.—The Ad- (B) the identity and quantity of ingredi- veloping, and implementing a food safety ministrator shall promulgate regulations ents used in the food; program, the Administrator may provide and that provide for the removal of the official (C) the processing of the food; continue to a State— mark under this subsection if the Adminis- (D) the results of laboratory, sanitation, or (1) advisory assistance; trator makes a finding that the establish- other tests performed on the food or in the (2) technical and laboratory assistance and ment is not in compliance with the food safe- food establishment; training (including necessary materials and ty law. (E) consumer complaints concerning the equipment); and (2) CATEGORY 1, 2, OR 3 FOOD ESTABLISH- food or packaging of the food; (3) financial, in kind, and other aid. MENTS.—In the case of products produced in (F) the production codes, open date codes, (d) SERVICE AGREEMENTS.— a category 1, 2, or 3 food establishment— and locations of food production; and (1) IN GENERAL.—The Administrator may, (A) products subject to Federal Meat In- (G) other matters reasonably related to under agreements entered into with Federal, spection Act (21 U.S.C. 601 et seq.), the Poul- whether food is unsafe, is adulterated or mis- State, or local agencies, use on a reimburs- try Products Inspection Act (21 U.S.C. 451 et branded, or otherwise fails to meet the re- able basis or otherwise, the personnel and seq.), the Egg Products Inspection Act (21 quirements of this Act. services of those agencies in carrying out U.S.C. 1031 et seq.), and the Federal Food, (i) PROTECTION OF SENSITIVE INFORMA- this Act. Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) TION.— (2) TRAINING.—Agreements with a State as of the date of enactment of this Act shall (1) IN GENERAL.—The Administrator shall under this subsection may provide for train- remain subject to the requirement under develop and maintain procedures to prevent ing of State employees. those Acts that they bear the mark of in- the unauthorized disclosure of any trade se- (3) MAINTENANCE OF AGREEMENTS.—The Ad- spection pending completion of the transi- cret or confidential information obtained by ministrator shall maintain any agreement tion process under paragraphs (1) through (3) the Administrator. that is in effect on the day before the date of of subsection (e); (2) LIMITATION.—The requirement under enactment of this Act until the Adminis- (B) the Administrator shall publicly cer- this subsection does not— trator evaluates such agreement and deter- tify on a monthly basis that the inspection (A) limit the authority of the Adminis- mines whether to maintain or substitute frequencies required under this Act have trator to inspect or copy records or to re- such agreement. been achieved; and quire the establishment or maintenance of (e) AUDITS.— (C) a product from an establishment that records under this Act; (1) IN GENERAL.—The Administrator shall has not been inspected in accordance with (B) have any legal effect on section 1905 of annually conduct a comprehensive review of the required frequencies under this section title 18, United States Code; each State program that provides services to

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the Administrator in carrying out the re- (2) labeled as required for food produced in (c) RELATIONSHIP TO COUNTRY OF ORIGIN sponsibilities under this Act, including man- the United States; and LABELING.—Nothing contained in this sec- dated inspections under section 205. (3) otherwise meets requirements under the tion prevents or interferes with implementa- (2) REQUIREMENTS.—The review shall— food safety law. tion of the country of origin labeling re- (A) include a determination of the effec- (h) ENFORCEMENT.—The Administrator is quirements of subtitle D of the Agricultural tiveness of the State program; and authorized to— Marketing Act of 1946 (7 U.S.C. 1638 et seq.). (B) identify any changes necessary to en- (1) deny importation of food from any for- TITLE III—RESEARCH AND EDUCATION sure enforcement of Federal requirements eign government that does not permit SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. under this Act. United States officials to enter the foreign (a) IN GENERAL.—The Administrator, act- (f) NO FEDERAL PREEMPTION.—Nothing in country to conduct such audits and inspec- ing in coordination with the Director of the this Act shall be construed to preempt the tions as may be necessary to fulfill the re- Centers for Disease Control and Prevention enforcement of State food safety laws and quirements under this section; and with the Research Education and Eco- standards that are at least as stringent as (2) deny importation of food from any for- nomics mission area of the Department of those under this Act. eign government or foreign firm that does Agriculture, shall— SEC. 208. IMPORTS. not consent to an investigation by the Ad- (1) have access to the applicable data sys- (a) IN GENERAL.—Not later than 2 years ministration when food from that foreign tems of the Centers for Disease Control and after the effective date of this Act, the Ad- country or foreign firm is linked to a food- Prevention and to the databases made avail- ministrator shall establish a system under borne illness outbreak or is otherwise found able by a State; which a foreign government or foreign food to be adulterated or mislabeled; and (2) maintain an active surveillance system establishment seeking to import food to the (3) promulgate rules and regulations to of food, food products, and epidemiological United States shall submit a request for cer- carry out the purposes of this section, in- evidence submitted by States to the Centers tification to the Administrator. cluding setting terms and conditions for the for Disease Control and Prevention based on (b) CERTIFICATION STANDARD.—A foreign destruction of products that fail to meet the a representative proportion of the population government or foreign food establishment standards of this Act. of the United States; requesting a certification to import food to (i) DETENTION AND SEIZURE.—Any food im- (3) assess the frequency and sources of the United States shall demonstrate, in a ported for consumption in the United States human illness in the United States associ- manner determined appropriate by the Ad- may be detained, seized, or condemned pur- ated with the consumption of food; ministrator, that food produced under the suant to section 402. (4) maintain a state-of-the-art DNA match- supervision of a foreign government or by SEC. 209. RESOURCE PLAN. ing system and epidemiological system dedi- the foreign food establishment has met (a) IN GENERAL.—The Administrator shall cated to food-borne illness identification, standards for food safety, inspection, label- prepare and update annually a resource plan outbreaks, and containment; and ing, and consumer protection that are at describing the resources required, in the best (5) have access to the surveillance data cre- least equivalent to standards applicable to professional judgment of the Administrator, ated via monitoring and statistical studies food produced in the United States. to develop and fully implement the national conducted as part of its own inspection. (b) PUBLIC HEALTH SAMPLING.— (c) CERTIFICATION APPROVAL.— food safety program established under this (1) IN GENERAL.—Not later than 1 year after (1) REQUEST BY FOREIGN GOVERNMENT.— Act. the effective date of this Act, the Adminis- Prior to granting the certification request of (b) CONTENTS OF PLAN.—The resource plan shall— trator shall establish guidelines for a sam- a foreign government, the Administrator pling system under which the Administrator (1) describe quantitatively the personnel, shall review, audit, and certify the food safe- shall take and analyze samples of food— financial, and other resources required to ty program of a requesting foreign govern- (A) to assist the Administrator in carrying carry out the inspection of food establish- ment (including all statutes, regulations, out this Act; and ments under section 205 and other require- and inspection authority) as at least equiva- (B) to assess the nature, frequency of oc- ments of the national food safety program; lent to the food safety program in the United currence, and quantities of contaminants in (2) allocate inspection resources in a man- States, as demonstrated by the foreign gov- food. ner reflecting the distribution of risk and op- ernment. (2) REQUIREMENTS.—The sampling system portunities to reduce risk across the food (2) REQUEST BY FOREIGN FOOD ESTABLISH- described in paragraph (1) shall provide— MENT.—Prior to granting the certification supply to the extent feasible based on the (A) statistically valid monitoring, includ- request of a foreign food establishment, the best available information, and subject to ing market-based studies, on the nature, fre- Administrator shall certify, based on an on- section 205; and quency of occurrence, and quantities of con- site inspection, the food safety programs and (3) describe the personnel, facilities, equip- taminants in food available to consumers; procedures of a requesting foreign firm as at ment, and other resources needed to carry and least equivalent to the food safety programs out inspection and other oversight activities, (B) at the request of the Administrator, and procedures of the United States. at a total resource level equal to at least 50 such other information, including analysis of (d) LIMITATION.—A foreign government or percent of the resources required to carry monitoring and verification samples, as the foreign firm approved by the Administrator out inspections in food establishments under Administrator determines may be useful in to import food to the United States under section 205— assessing the occurrence of contaminants in this section shall be certified to export only (A) in foreign establishments; food. the approved food products to the United (B) at the point of importation; and (c) ASSESSMENT OF HEALTH HAZARDS.— States for a period not to exceed 5 years. (C) at the point of production on farms, (1) IN GENERAL.—Through the surveillance (e) WITHDRAWAL OF CERTIFICATION.—The ranches, and feedlots. system referred to in subsection (a) and the Administrator may withdraw certification of (c) GRANTS.—The resource plan shall in- sampling system described in subsection (b), any food from a foreign government or for- clude recommendations for funding to pro- the Administrator shall— eign firm— vide grants to States and local governments (A) rank food categories based on the haz- (1) if such food is linked to an outbreak of to carry out food safety activities in retail ard to human health presented by the food human illness; and food service facilities and the required category; (2) following an investigation by the Ad- inspections in food establishments. (B) identify appropriate industry and regu- ministrator that finds that the foreign gov- (d) SUBMISSION OF PLAN.—The Adminis- latory approaches to minimize hazards in the ernment programs and procedures or foreign trator shall submit annually to the Com- food supply; and food establishment is no longer equivalent to mittee on Appropriations of the Senate, the (C) assess the public health environment the food safety programs and procedures in Committee on Appropriations of the House for emerging diseases, including zoonosis, for the United States; or of Representatives, and other relevant com- their risk of appearance in the United States (3) following a refusal to allow United mittees of Congress, the resource plan re- food supply. States officials to conduct such audits and quired under this section. (2) COMPONENTS OF ANALYSIS.—The analysis investigations as may be necessary to fulfill SEC. 210. TRACEBACK. under subsection (b)(1) may include— the requirements under this section. (a) IN GENERAL.—The Administrator, in (A) a comparison of the safety of commer- (f) RENEWAL OF CERTIFICATION.—The Ad- order to protect the public health, shall es- cial processing with the health hazards asso- ministrator shall audit foreign governments tablish requirements for a national system ciated with food that is harvested for rec- and foreign food establishments at least for tracing food and food producing animals reational or subsistence purposes and pre- every 5 years to ensure the continued com- from point of origin to retail sale, subject to pared noncommercially; pliance with the standards set forth in this subsection (b). (B) a comparison of the safety of food that section. (b) APPLICABILITY.—Traceability require- is domestically processed with the health (g) REQUIRED ROUTINE INSPECTION.—The ments shall— hazards associated with food that is proc- Administrator shall routinely inspect food (1) be established in accordance with regu- essed outside the United States; and food animals (via a physical examina- lations and guidelines issued by the Adminis- (C) a description of contamination origi- tion) before it enters the United States to trator; and nating from handling practices that occur ensure that it is— (2) apply to food production facilities and prior to or after the sale of food to con- (1) safe; food establishments. sumers; and

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3309 (D) use of comparative risk assessments. merce any food that is adulterated, mis- a detention order if the food were seized SEC. 302. PUBLIC EDUCATION AND ADVISORY branded, or otherwise unsafe; under section 304 of the Federal Food, Drug, SYSTEM. (2) to adulterate or misbrand any food in and Cosmetic Act (21 U.S.C. 334), may appeal (a) PUBLIC EDUCATION.— interstate commerce; the order to the Administrator. (1) IN GENERAL.—The Administrator, in co- (3) for a food establishment or foreign food (2) ACTION BY THE ADMINISTRATOR.—Not operation with private and public organiza- establishment to fail to register under sec- later than 5 days after an appeal is filed tions, including the cooperative extension tion 202, or to operate without a valid reg- under paragraph (1), the Administrator, after services and building on the efforts of appro- istration; providing an opportunity for an informal priate State and local entities, shall estab- (4) to refuse to permit access to a food es- hearing, shall confirm, modify, or terminate lish a national public education program on tablishment for the inspection and copying the order involved. food safety. of a record as required under section 205(h); (3) FINAL AGENCY ACTION.—Confirmation, (2) REQUIREMENTS.—The program shall pro- (5) to fail to establish or maintain any modification, or termination by the Admin- vide— record or to make any report as required istrator under paragraph (2) shall be consid- (A) information to the public regarding under section 205(h); ered a final agency action for purposes of Federal standards and best practices and (6) to refuse to permit entry to or inspec- section 702 of title 5, United States Code. promotion of public awareness, under- tion of a food establishment as required (4) TERMINATION.—The order shall be con- standing, and acceptance of those standards under section 205; sidered to be terminated if, after 5 days, the and practices; (7) to fail to provide to the Administrator Administrator has failed— (B) information for health professionals— the results of a testing or sampling of a food, (A) to provide an opportunity for an infor- (i) to improve diagnosis and treatment of equipment, or material in contact with con- mal hearing; or food-related illness; and taminated food under section 205(i); (B) to confirm, modify, or terminate the (ii) to advise individuals at special risk for (8) to fail to comply with a provision, regu- order. food-related illnesses; and lation, or order of the Administrator under (5) EFFECT OF INSTITUTING COURT ACTION.— (C) such other information or advice to section 202, 203, 204, or 208; If the Administrator initiates an action consumers and other persons as the Adminis- (9) to slaughter an animal that is capable under section 302 of the Federal Food, Drug, trator determines will promote the purposes for use in whole or in part as human food at and Cosmetic Act (21 U.S.C. 332) or section of this Act. a food establishment processing any such 304(a) of that Act (21 U.S.C. 334(a)), the proc- (b) HEALTH ADVISORIES.—The Adminis- food for commerce, except in compliance ess for the appeal of the detention order trator, in consultation with other Federal with the food safety law; shall terminate. departments and agencies as the Adminis- (10) to transfer food in violation of an ad- (c) CONDEMNATION OF FOOD.— ministrative detention order under section trator determines necessary, shall work with (1) IN GENERAL.—After confirming a deten- the States and other appropriate entities— 402 or to remove or alter a required mark or tion order, the Administrator may order the (1) to develop and distribute regional and label identifying the food as detained; food condemned. (11) to fail to comply with a recall or other national advisories concerning food safety; (2) DESTRUCTION OF FOOD.—Any food con- (2) to develop standardized formats for order under section 403; or demned shall be destroyed under the super- written and broadcast advisories; (12) to otherwise violate the food safety vision of the Administrator. law. (3) to incorporate State and local (3) RELEASE OF FOOD.—If the Administrator advisories into the national public education SEC. 402. FOOD DETENTION, SEIZURE, AND CON- determines that, through reprocessing, re- DEMNATION. program established under subsection (a); labeling, or other action, a detained food can (a) ADMINISTRATIVE DETENTION OF FOOD.— and be brought into compliance with this Act, (1) EXPANDED AUTHORITY.—The Adminis- (4) to present prompt, specific information the food may be released following a deter- regarding foods found to pose a threat to the trator shall have authority under section 304 of the Federal Food, Drug, and Cosmetic Act mination by the Administrator that the re- public health. (21 U.S.C. 334) to administratively detain and labeling or other action as specified by the SEC. 303. RESEARCH. seize any food that the Administrator has Administrator has been performed. (a) IN GENERAL.—The Administrator shall reason to believe is unsafe, is adulterated or (d) TEMPORARY HOLDS AT PORTS OF conduct research to carry out this Act, in- misbranded, or otherwise fails to meet the ENTRY.— cluding studies to— requirements of the food safety law. (1) IN GENERAL.—If an officer or qualified (1) improve sanitation and food safety (2) DETENTION AUTHORITY.—If, during an in- employee of the Administration has reason practices in the processing of food; spection conducted in accordance with sec- to believe that a food is unsafe, is adulter- (2) develop improved techniques to monitor tion 205 or 208, an officer, employee, or agent ated or misbranded, or otherwise fails to and inspect food; of the Administration making the inspection meet the requirements of this Act, and the (3) develop efficient, rapid, and sensitive has reason to believe that a domestic food, officer or qualified employee is unable to in- methods to detect contaminants in food; imported food, or food offered for import is spect, examine, or investigate the food when (4) determine the sources of contamination unsafe, is adulterated or misbranded, or oth- the food is offered for import at a port of of contaminated food; erwise fails to meet the requirements of this entry into the United States, the officer or (5) develop food consumption data; Act, the officer or employee may order the qualified employee shall request the Sec- (6) identify ways that animal production food detained. retary of Homeland Security to hold the food techniques could improve the safety of the (3) PERIOD OF DETENTION.— at the port of entry for a reasonable period food supply; (A) IN GENERAL.—A food may be detained of time, not to exceed 24 hours, to enable the (7) draw upon research and educational for a reasonable period, not to exceed 20 Administrator to inspect or investigate the programs that exist at the State and local days, unless a longer period, not to exceed 30 food as appropriate. level; days, is necessary for the Administrator to (2) REMOVAL TO SECURE FACILITY.—The Ad- (8) utilize the DNA matching system and institute a seizure action. ministrator shall work in coordination with other processes to identify and control (B) PERISHABLE FOOD.—The Administrator the Secretary of Homeland Security to re- pathogens; shall provide by regulation for procedures to move a food held in accordance with para- (9) address common and emerging zoonotic institute a seizure action on an expedited graph (1) to a secure facility as appropriate. diseases; basis with respect to perishable food. (3) PROHIBITION ON TRANSFER.—During the (10) develop methods to reduce or destroy (4) SECURITY OF DETAINED FOOD.— period in which the food is held, the food harmful pathogens before, during, and after (A) IN GENERAL.—A detention order— shall not be transferred by any person from processing; (i) may require that the food be labeled or the port of entry into the United States, or (11) analyze the incidence of antibiotic marked as detained; and from the secure facility to which the food resistence as it pertains to the food supply (ii) shall require that the food be removed has been removed. and develop new methods to reduce the to a secure facility, if appropriate. (4) DELIVERY IN ACCORDANCE WITH A BOND.— transfer of antibiotic resistance to humans; (B) FOOD SUBJECT TO AN ORDER.—A food The delivery of the food in accordance with and subject to a detention order shall not be the execution of a bond while the food is held (12) conduct other research that supports transferred by any person from the place at is not authorized. the purposes of this Act. which the food is removed, until released by (5) PROHIBITION ON REEXPORT.—A food (b) CONTRACT AUTHORITY.—The Adminis- the Administrator or until the expiration of found unfit for human or animal consump- trator may enter into contracts and agree- the detention period applicable under the tion shall be prohibited from reexport with- ments with any State, university, Federal order, whichever occurs first. out further processing to remove the con- Government agency, or person to carry out (C) DELIVERY OF FOOD.—This subsection tamination and reinspection by the Adminis- this section. does not authorize the delivery of a food in tration. TITLE IV—ENFORCEMENT accordance with execution of a bond while SEC. 403. NOTIFICATION AND RECALL. SEC. 401. PROHIBITED ACTS. the article is subject to the order. (a) NOTICE TO ADMINISTRATOR OF VIOLA- It is prohibited— (b) APPEAL OF DETENTION ORDER.— TION.— (1) to manufacture, introduce, deliver for (1) IN GENERAL.—A person who would be en- (1) IN GENERAL.—A person that has reason introduction, or receive into interstate com- titled to be a claimant for a food subject to to believe that any food introduced into or in

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interstate commerce, or held for sale (wheth- graph (1) that processed, distributed, or oth- (B) AMOUNT OF PENALTY.—Subject to para- er or not the first sale) after shipment in erwise handled food shall make available to graph (1)(A), the amount of the civil penalty interstate commerce, may be in violation of the Administrator information necessary to shall be determined by the Administrator, the food safety law shall immediately notify carry out this subsection, as determined by after considering— the Administrator of the identity and loca- the Administrator, regarding— (i) the gravity of the violation; tion of the food. (A) persons that processed, distributed, or (ii) the degree of culpability of the person; (2) MANNER OF NOTIFICATION.—Notification otherwise handled the food; and (iii) the size and type of the business of the under paragraph (1) shall be made in such (B) persons to which the food has been person; and manner and by such means as the Adminis- transported, sold, distributed, or otherwise (iv) any history of prior offenses by the trator may require by regulation. handled. person under the food safety law. (b) RECALL AND CONSUMER NOTIFICATION.— (c) INFORMAL HEARINGS ON ORDERS.— (C) REVIEW OF ORDER.—The order may be (1) VOLUNTARY ACTIONS.—If the Adminis- (1) IN GENERAL.—The Administrator shall reviewed only in accordance with subsection trator determines that food is in violation of provide any person subject to an order under (c). the food safety law when introduced into or subsection (b) with an opportunity for an in- (b) CRIMINAL SANCTIONS.— while in interstate commerce or while held formal hearing, to be held as soon as prac- (1) IN GENERAL.—Except as provided in for sale (whether or not the first sale) after ticable but not later than 2 business days paragraphs (2) and (3), a person that know- shipment in interstate commerce and that after the issuance of the order. ingly produces or introduces into commerce there is a reasonable probability that the (2) SCOPE OF THE HEARING.—In a hearing food that is unsafe or otherwise adulterated food, if consumed, would present a threat to under paragraph (1), the Administrator shall or misbranded shall be imprisoned for not public health, as determined by the Adminis- consider the actions required by the order more than 1 year or fined not more than trator, the Administrator shall give the ap- and any reasons why the food that is the sub- $10,000, or both. propriate persons (including the manufactur- ject of the order should not be recalled. (2) SEVERE VIOLATIONS.—A person that ers, importers, distributors, or retailers of (d) POST-HEARING RECALL ORDERS.— commits a violation described in paragraph the food) an opportunity to— (1) AMENDMENT OF ORDER.—If, after pro- (1) after a conviction of that person under (A) cease distribution of the food; viding an opportunity for an informal hear- this section has become final, or commits (B) notify all persons— ing under subsection (c), the Administrator such a violation with the intent to defraud (i) processing, distributing, or otherwise determines that there is a reasonable prob- or mislead, shall be imprisoned for not more handling the food to immediately cease such ability that the food that is the subject of an than 3 years or fined not more than $100,000, activities with respect to the food; or order under subsection (b), if consumed, or both. (ii) to which the food has been distributed, would present a threat to the public health, (3) EXCEPTION.—No person shall be subject transported, or sold, to immediately cease the Administrator, as the Administrator de- to the penalties of this subsection— distribution of the food; termines to be necessary, may— (C) recall the food; (A) for having received, proffered, or deliv- (A) amend the order to require recall of the ered in interstate commerce any food, if the (D) in conjunction with the Administrator, food or other appropriate action; provide notice of the finding of the Adminis- receipt, proffer, or delivery was made in good (B) specify a timetable in which the recall faith, unless that person refuses to furnish trator— shall occur; (i) to consumers to whom the food was, or (on request of an officer or employee des- (C) require periodic reports to the Admin- ignated by the Administrator)— may have been, distributed; and istrator describing the progress of the recall; (ii) to State and local public health offi- (i) the name, address and contact informa- and tion of the person from whom that person cials; or (D) provide notice of the recall to con- (E) take any combination of the measures purchased or received the food; sumers to whom the food was, or may have (ii) copies of all documents relating to the described in this paragraph, as determined been, distributed. by the Administrator to be appropriate in person from whom that person purchased or (2) VACATION OF ORDERS.—If, after pro- received the food; and the circumstances. viding an opportunity for an informal hear- (2) MANDATORY ACTIONS.—If a person re- (iii) copies of all documents pertaining to ing under subsection (c), the Administrator the delivery of the food to that person; or ferred to in paragraph (1) refuses to or does determines that adequate grounds do not not adequately carry out the actions de- (B) if that person establishes a guaranty exist to continue the actions required by the signed by, and containing the name and ad- scribed in that paragraph within the time pe- order, the Administrator shall vacate the riod and in the manner prescribed by the Ad- dress of, the person from whom that person order. received in good faith the food, stating that ministrator, the Administrator shall— (e) REMEDIES NOT EXCLUSIVE.—The rem- the food is not adulterated or misbranded (A) have authority to control and possess edies provided in this section shall be in ad- within the meaning of this Act. the food, including ordering the shipment of dition to, and not exclusive of, other rem- the food from the food establishment to the edies that may be available. (c) JUDICIAL REVIEW.— (1) IN GENERAL.—An order assessing a civil Administrator— SEC. 404. INJUNCTION PROCEEDINGS. penalty under subsection (a) shall be a final (i) at the expense of the food establish- (a) JURISDICTION.—The district courts of ment; or the United States, and the United States order unless the person— (ii) in an emergency (as determined by the courts of the territories and possessions of (A) not later than 30 days after the effec- Administrator), at the expense of the Admin- the United States, shall have jurisdiction, tive date of the order, files a petition for ju- istration; and for cause shown, to restrain a violation of dicial review of the order in the United (B) by order, require, as the Administrator section 202, 203, 204, 207, or 401 (or a regula- States court of appeals for the circuit in determines to be necessary, the person to tion promulgated under that section). which that person resides or has its principal immediately— (b) TRIAL.—In a case in which violation of place of business or the United States Court (i) cease distribution of the food; and an injunction or restraining order issued of Appeals for the District of Columbia; and (ii) notify all persons— under this section also constitutes a viola- (B) simultaneously serves a copy of the pe- (I) processing, distributing, or otherwise tion of the food safety law, trial shall be by tition by certified mail to the Adminis- handling the food to immediately cease such the court or, upon demand of the accused, by trator. activities with respect to the food; or a jury. (2) FILING OF RECORD.—Not later than 45 (II) if the food has been distributed, trans- SEC. 405. CIVIL AND CRIMINAL PENALTIES. days after the service of a copy of the peti- ported, or sold, to immediately cease dis- (a) CIVIL SANCTIONS.— tion under paragraph (1)(B), the Adminis- tribution of the food. (1) CIVIL PENALTY.— trator shall file in the court a certified copy (3) NOTIFICATION TO CONSUMERS BY ADMINIS- (A) IN GENERAL.—Any person that commits of the administrative record upon which the TRATOR.—The Administrator shall, as the an act that violates the food safety law (in- order was issued. Administrator determines to be necessary, cluding a regulation promulgated or order (3) STANDARD OF REVIEW.—The findings of provide notice of the finding of the Adminis- issued under a Federal food safety law) may the Administrator relating to the order shall trator under paragraph (1)— be assessed a civil penalty by the Adminis- be set aside only if found to be unsupported (A) to consumers to whom the food was, or trator of not more than $10,000 for each such by substantial evidence on the record as a may have been, distributed; and act. whole. (B) to State and local public health offi- (B) SEPARATE OFFENSE.—Each act de- (d) COLLECTION ACTIONS FOR FAILURE TO cials. scribed in subparagraph (A) and each day PAY.— (4) NONDISTRIBUTION BY NOTIFIED PER- during which that act continues shall be con- (1) IN GENERAL.—If any person fails to pay SONS.—A person that processes, distributes, sidered a separate offense. a civil penalty assessed under subsection (a) or otherwise handles the food, or to which (2) OTHER REQUIREMENTS.— after the order assessing the penalty has be- the food has been distributed, transported, or (A) WRITTEN ORDER.—The civil penalty de- come a final order, or after the court of ap- sold, and that is notified under paragraph scribed in paragraph (1) shall be assessed by peals described in subsection (b) has entered (1)(B) or (2)(B) shall immediately cease dis- the Administrator by a written order, which final judgment in favor of the Administrator, tribution of the food. shall specify the amount of the penalty and the Administrator shall refer the matter to (5) AVAILABILITY OF RECORDS TO ADMINIS- the basis for the penalty under subparagraph the Attorney General, who shall institute in TRATOR.—Each person referred to in para- (B) considered by the Administrator. a United States district court of competent

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jurisdiction a civil action to recover the (2) PROCEDURE.— (b) COURT.— amount assessed. (A) IN GENERAL.—An action under para- (1) IN GENERAL.—The action shall be com- (2) LIMITATION ON REVIEW.—In a civil action graph (1) shall be governed under the rules menced in the United States district court under paragraph (1), the validity and appro- and procedures set forth in section 42121(b) of for the district in which the defendant re- priateness of the order of the Administrator title 49, United States Code. sides, is found, or has an agent. assessing the civil penalty shall not be sub- (B) EXCEPTION.—Notification under section (2) JURISDICTION.—The court shall have ju- ject to judicial review. 42121(b)(1) of title 49, United States Code, risdiction, without regard to the amount in (e) PENALTIES PAID INTO ACCOUNT.—The shall be made to the person named in the controversy, or the citizenship of the parties, Administrator— complaint and to the person’s employer. to enforce a regulation (including a regula- (1) shall deposit penalties collected under (C) BURDENS OF PROOF.—An action brought tion establishing a performance standard), this section in an account in the Treasury; under paragraph (1) shall be governed by the order, or other action of the Administrator, and legal burdens of proof set for in section or to order the Administrator to perform the (2) may use the funds in the account, with- 42121(b) of title 49, United States Code. act or duty. out further appropriation or fiscal year limi- (D) STATUTE OF LIMITATIONS.—An action (3) DAMAGES.—The court may— tation— under paragraph (1) shall be commenced not (A) award damages, in the amount of dam- (A) to carry out enforcement activities later than 90 days after the date on which ages actually sustained; and under food safety law; or the violation occurs. (B) if the court determines it to be in the (B) to provide assistance to States to in- (c) REMEDIES.— interest of justice, award the plaintiff the spect retail commercial food establishments (1) IN GENERAL.—A covered individual pre- costs of suit, including reasonable attorney’s or other food or firms under the jurisdiction vailing in any action under subsection (b)(1) fees, reasonable expert witness fees, and pen- of State food safety programs. shall be entitled to all relief necessary to alties. (f) DISCRETION OF THE ADMINISTRATOR TO make the covered individual whole. (c) REMEDIES NOT EXCLUSIVE.—The rem- PROSECUTE.—Nothing in this Act requires (2) COMPENSATORY DAMAGES.—Relief for edies provided for in this section shall be in the Administrator to report for prosecution, any action described in paragraph (1) shall addition to, and not exclusive of, other rem- or for the commencement of an action, the include— edies that may be available. violation of the food safety law in a case in (A) reinstatement with the same seniority TITLE V—IMPLEMENTATION which the Administrator finds that the pub- status that the covered individual would SEC. 501. DEFINITION. lic interest will be adequately served by the have had, but for the discrimination; assessment of a civil penalty under this sec- For purposes of this title, the term ‘‘tran- (B) the amount of any back pay, with in- sition period’’ means the 12-month period be- tion. terest; and (g) REMEDIES NOT EXCLUSIVE.—The rem- ginning on the effective date of this Act. (C) compensation for any special damages edies provided in this section may be in addi- SEC. 502. REORGANIZATION PLAN. sustained as a result of the discrimination, tion to, and not exclusive of, other remedies (a) SUBMISSION OF PLAN.—Not later than including litigation costs, expert witness that may be available. 180 days after the effective date of this Act, fees, and reasonable attorney’s fees. SEC. 406. PRESUMPTION. the President shall transmit to the appro- (d) RIGHTS RETAINED BY THE COVERED INDI- In any action to enforce the requirements priate congressional committees a reorga- VIDUAL.—Nothing in this section shall be of the food safety law, the connection with nization plan regarding the following: construed to diminish the rights, privileges, interstate commerce required for jurisdic- (1) The transfer of agencies, personnel, as- or remedies of any covered individual under tion shall be presumed to exist. sets, and obligations to the Administration any Federal or State law, or under any col- pursuant to this Act. SEC. 407. WHISTLEBLOWER PROTECTION. lective bargaining agreement. (a) IN GENERAL.—No Federal employee, em- (2) Any consolidation, reorganization, or ployee of a Federal contractor or subcon- SEC. 408. ADMINISTRATION AND ENFORCEMENT. streamlining of agencies transferred to the tractor, or any individual employed by a (a) IN GENERAL.—For the efficient adminis- Administration pursuant to this Act. company (referred to in this section as a tration and enforcement of the food safety (b) PLAN ELEMENTS.—The plan transmitted ‘‘covered individual’’), may be discharged, law, the provisions (including provisions re- under subsection (a) shall contain, con- demoted, suspended, threatened, harassed, or lating to penalties) of sections 6, 8, 9, and 10 sistent with this Act, such elements as the in any other manner discriminated against, of the Federal Trade Commission Act (15 President determines appropriate, including because of any lawful act done by the cov- U.S.C. 46, 48, 49, and 50) (except subsections the following: ered individual to— (c) through (h) of section 6 of that Act), re- (1) Identification of any functions of agen- (1) provide information, cause information lating to the jurisdiction, powers, and duties cies designated to be transferred to the Ad- to be provided, or otherwise assist in an in- of the Federal Trade Commission and the At- ministration pursuant to this Act that will vestigation regarding any conduct that the torney General to administer and enforce not be transferred to the Administration covered individual reasonably believes con- that Act, and to the rights and duties of per- under the plan. stitutes a violation of any law, rule, or regu- sons with respect to whom the powers are ex- (2) Specification of the steps to be taken by lation, or that the covered individual reason- ercised, shall apply to the jurisdiction, pow- the Administrator to organize the Adminis- ably believes constitutes a threat to the pub- ers, and duties of the Administrator and the tration, including the delegation or assign- lic health, when the information or assist- Attorney General in administering and en- ment of functions transferred to the Admin- ance is provided to, or the investigation is forcing the provisions of the food safety law istration among the officers of the Adminis- conducted by— and to the rights and duties of persons with tration in order to permit the Administra- (A) a Federal regulatory or law enforce- respect to whom the powers are exercised, tion to carry out the functions transferred ment agency; respectively. under the plan. (B) a Member or committee of Congress; or (b) INQUIRIES AND ACTIONS.— (3) Specification of the funds available to (C) a person with supervisory authority (1) IN GENERAL.—The Administrator, in each agency that will be transferred to the over the covered individual (or such other in- person or by such agents as the Adminis- Administration as a result of transfers under dividual who has the authority to inves- trator may designate, may prosecute any in- the plan. tigate, discover, or terminate misconduct); quiry necessary to carry out the duties of (4) Specification of the proposed alloca- (2) file, cause to be filed, testify, partici- the Administrator under the food safety law tions within the Administration of unex- pate in, or otherwise assist in a proceeding in any part of the United States. pended funds transferred in connection with or action filed or about to be filed relating to (2) POWERS.—The powers conferred by sec- transfers under the plan. a violation of any law, rule, or regulation; or tions 9 and 10 of the Federal Trade Commis- (5) Specification of any proposed disposi- (3) refused to violate or assist in the viola- sion Act (15 U.S.C. 49 and 50) on the United tion of property, facilities, contracts, tion of any law, rule, or regulation. States district courts may be exercised for records, and other assets and obligations of (b) ENFORCEMENT ACTION.— the purposes of this chapter by any United agencies transferred under the plan. (1) IN GENERAL.—A covered individual who States district court of competent jurisdic- (6) Specification of the proposed alloca- alleges discharge or other discrimination by tion. tions within the Administration of the func- any person in violation of subsection (a) may SEC. 409. CITIZEN CIVIL ACTIONS. tions of the agencies and subdivisions that seek relief under subsection (c) by filing a (a) CIVIL ACTIONS.—A person may com- are not related directly to ensuring the safe- complaint with the Secretary of Labor. If mence a civil action against— ty of food. the Secretary of Labor has not issued a final (1) a person that violates a regulation (in- (c) MODIFICATION OF PLAN.—The President decision within 180 days after the date on cluding a regulation establishing a perform- may, on the basis of consultations with the which the complaint is filed and there is no ance standard), order, or other action of the appropriate congressional committees, mod- showing that such delay is due to the bad Administrator to ensure the safety of food; ify, or revise any part of the plan until that faith of the claimant, the claimant may or part of the plan becomes effective in accord- bring an action at law or equity for de novo (2) the Administrator (in his or her capac- ance with subsection (d). review in the appropriate district court of ity as the Administrator), if the Adminis- (d) EFFECTIVE DATE.— the United States, which shall have jurisdic- trator fails to perform an act or duty to en- (1) IN GENERAL.—The reorganization plan tion over such an action without regard to sure the safety of food that is not discre- described in this section, including any the amount in controversy. tionary under the food safety law. modifications or revisions of the plan under

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3312 CONGRESSIONAL RECORD — SENATE April 6, 2005 subsection (c), shall become effective for an mit, personnel action, agreement, grant, SEC. 509. LIMITATION ON AUTHORIZATION OF AP- agency on the earlier of— contract, certificate, license, registration, PROPRIATIONS. (A) the date specified in the plan (or the privilege, or other administrative action For the fiscal year that includes the effec- plan as modified pursuant to subsection (c)), issued, made, granted, or otherwise in effect tive date of this Act, the amount authorized except that such date may not be earlier or final with respect to that agency on the to be appropriated to carry out this Act shall than 90 days after the date the President has day before the transfer date with respect to not exceed— transmitted the reorganization plan to the the transferred functions (1) the amount appropriated for that fiscal appropriate congressional committees pursu- (b) PENDING PROCEEDINGS.—Subject to the year for the Federal agencies identified in ant to subsection (a); or authority of the Administrator under this section 102(b) for the purpose of admin- (B) the end of the transition period. Act— istering or enforcing the food safety law; or (2) STATUTORY CONSTRUCTION.—Nothing in (1) pending proceedings in an agency, in- (2) the amount appropriated for those this subsection may be construed to require cluding notices of proposed rulemaking, and agencies for that purpose for the preceding the transfer of functions, personnel, records, applications for licenses, permits, certifi- fiscal year, if, as of the effective date of this balances of appropriations, or other assets of cates, grants, and financial assistance, shall Act, appropriations for those agencies for an agency on a single date. continue notwithstanding the enactment of the fiscal year that includes the effective (3) SUPERCEDES EXISTING LAW.—Paragraph this Act or the transfer of the agency to the date have not yet been made. (1) shall apply notwithstanding section 905(b) Administration, unless discontinued or SEC. 510. EFFECTIVE DATE. of title 5, United States Code. modified under the same terms and condi- This Act takes effect on the date of enact- SEC. 503. TRANSITIONAL AUTHORITIES. tions and to the same extent that such dis- ment of this Act. continuance could have occurred if such en- (a) PROVISION OF ASSISTANCE BY OFFI- actment or transfer had not occurred; and CIALS.—Until the transfer of an agency to By Mr. LEAHY (for himself and the Administration, any official having au- (2) orders issued in such proceedings, and Ms. SNOWE): thority over or function relating to the agen- appeals therefrom, and payments made pur- S. 730. A bill to amend the Clean Air suant to such orders, shall issue in the same cy immediately before the effective date of Act to establish requirements con- this Act shall provide the Administrator manner on the same terms as if this Act had not been enacted or the agency had not been cerning the operation of fossil fuel- such assistance, including the use of per- fired electric utility steam generating sonnel and assets, as the Administrator may transferred, and any such order shall con- request in preparing for the transfer and in- tinue in effect until amended, modified, units, commercial and industrial boiler tegration of the agency to the Administra- superceded, terminated, set aside, or revoked units, solid waste incineration units, tion. by an officer of the United States or a court medical waste incinerators, hazardous (b) SERVICES AND PERSONNEL.—During the of competent jurisdiction, or by operation of waste combustors, chlor-alkali plants, transition period, upon the request of the law. and Portland cement plants to reduce ENDING CIVIL ACTIONS.—Subject to the Administrator, the head of any executive (c) P authority of the Administrator under this emissions of mercury to the environ- agency may, on a reimbursable basis, provide Act, any civil action commenced with regard ment, and for other purposes; to the services or detail personnel to assist with to that agency pending before that agency Committee on Environment and Public the transition. on the day before the transfer date with re- (c) ACTING OFFICIALS.— Works. spect to the transferred functions shall con- (1) IN GENERAL.—During the transition pe- Mr. LEAHY. Mr. President, today I tinue notwithstanding the enactment of this riod, pending the advice and consent of the again will discuss mercury pollution Act or the transfer of an agency to the Ad- Senate to the appointment of an officer re- and the serious and immediate health ministration. quired by this Act to be appointed by and (d) REFERENCES.— risks it poses to the health of citizens with such advice and consent, the President (1) IN GENERAL.—After the transfer of func- across our Nation. may designate any officer whose appoint- tions from a Federal agency under this Act, This is not a new issue. We have ment was required to be made by and with any reference in any other Federal law, Ex- known about mercury pollution for such advice and consent and who was such an ecutive order, rule, regulation, directive, decades, and it remains one of, if not officer immediately before the effective date document, or other material to that Federal of this Act (and who continues to be in of- the last, major toxic pollutant without agency or the head of that agency in connec- a comprehensive plan to control its re- fice) or immediately before such designation, tion with the administration or enforcement to act in such office until the same is filled of the food safety laws shall be deemed to be lease. We know where the sources mer- as provided in this Act. a reference to the Administration or the Ad- cury pollution are, we know where the (2) COMPENSATION.—While acting pursuant ministrator, respectively. pollution deposits, and we definitely to paragraph (1), such officers shall receive (2) STATUTORY REPORTING REQUIREMENTS.— know what harm it causes to people compensation at the higher of— Statutory reporting requirements that ap- and to wildlife. (A) the rates provided by this Act for the plied in relation to such an agency imme- We need to confront mercury pollu- respective offices in which they act; or diately before the effective date of this Act (B) the rates provided for the offices held tion because it is a threat to pregnant shall continue to apply following such trans- women and children. The Environ- at the time of designation. fer if they refer to the agency by name. (3) LIMITATION.—Nothing in this Act shall mental Protection Agency’s own sci- SEC. 505. CONFORMING AMENDMENTS. be construed to require the advice and con- (a) EXECUTIVE SCHEDULE.—Section 5313 of entists estimate that one of every six sent of the Senate to the appointment by the title 5, United States Code, is amended by in- women of child-bearing age has ele- President to a position in the Administra- serting at the end the following new item: vated levels of mercury in her body tion of any officer whose agency is trans- ‘‘Administrator of Food Safety.’’. above safe thresholds. ferred to the Administration pursuant to (b) REPEAL OF CERTAIN PROVISIONS.—Sec- this Act and whose duties following such Mercury can cause neurological harm tion 18 of the Poultry Products Inspection to children exposed to increased mer- transfer are germane to those performed be- Act (21 U.S.C. 467), section 401 of the Federal fore such transfer. Meat Inspection Act (21 U.S.C. 671), and sec- cury levels while in the womb and dur- (d) TRANSFER OF PERSONNEL, ASSETS, OBLI- tion 18 of the Egg Products Inspection Act ing the first few years of their lives, GATIONS, AND FUNCTION.— (21 U.S.C. 1047) are repealed. which can lead to increased risk for (1) IN GENERAL.—Consistent with section SEC. 506. ADDITIONAL TECHNICAL AND CON- learning disabilities, developmental 1531 of title 31, United States Code, the per- FORMING AMENDMENTS. delays, and other serious problems. sonnel, assets, liabilities, contracts, prop- Not later than 60 days after the submission Just last year EPA scientists nearly erty, records, and unexpended balances of ap- of the reorganization plan under section 502, doubled the previous estimate of the propriations, authorizations, allocations, the President shall prepare and submit pro- and other funds that relate to the functions posed legislation to Congress containing nec- number of children at increased risk transferred under subsection (a) from a Fed- essary and appropriate technical and con- from exposure to elevated mercury lev- eral agency shall be transferred to the Ad- forming amendments to the Acts listed in els in their mothers’ wombs from ministration. section 3(15) of this Act to reflect the 300,000 to over 600,000. This finding (2) UNEXPENDED FUNDS.—Unexpended funds changes made by this Act. should alarm all of us and spur this Ad- transferred under this subsection shall be SEC. 507. REGULATIONS. ministration to promptly develop used by the Administration only for the pur- The Administrator may promulgate such strong controls on mercury pollution poses for which the funds were originally au- regulations as the Administrator determines from power plants that meet the re- thorized and appropriated. are necessary or appropriate to perform the quirements of the Clean Air Act and SEC. 504. SAVINGS PROVISIONS. duties of the Administrator. (a) COMPLETED ADMINISTRATIVE ACTIONS.— SEC. 508. AUTHORIZATION OF APPROPRIATIONS. that fully protect women and children. The enactment of this Act or the transfer of There are authorized to be appropriated Yet unfortunately, this Administra- functions under this Act shall not affect any such sums as are necessary to carry out this tion has not done that. The Adminis- order, determination, rule, regulation, per- Act. tration’s new mercury rule and the so-

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3313 called ‘‘Clear Skies’’ proposal turn yses found in memos written by indus- quires product labeling, and mandates inter- back progress, ignore available clean try lobbyists make it into the rule, national cooperation. It supports research air technology, and will leave more verbatim? into the retirement of excess mercury, the Both the GAO and IG reports make it handling of mercury waste, the effectiveness toxic mercury in our air, water, and of fish consumption advisories, and the mag- fish and for a longer time than is nec- clear that EPA staff were pressured to nitude of previously uninventoried sources. essary. ignore parts of the Clean Air Act and Section 3. Mercury emission standards for Because of this, on behalf of Senator to propose weaker mercury reductions fossil fuel-fired electric utility steam SNOWE and myself, I am reintroducing than what are technically feasible and generating units legislation today that will confront required under the law. The EPA’s Mercury Study Report to Con- this problem directly and that will re- The President’s Clear Skies proposal gress estimated 52 tons of mercury emissions duce mercury pollution from all formed the basis for the flawed mer- occur per year from coal- and oil-fired elec- sources. cury rule, so it obviously shares the tric utility steam generating units. More re- Our bill will reduce mercury emis- same flaws. These two reports confirm cently, an EPA inventory estimated 48 tons sions from coal-fired power plants by 90 what many of us already suspected, of mercury from coal-fired power plants. Col- lectively, these power plants constitute the percent by 2010. The cap-and-trade ap- that Clear Skies is based on biased largest source of mercury emissions in the proach the Administration is pushing analyses, inadequate and faulty jus- United States. In December 2000, the EPA for in both the mercury rule and the tifications. issued a positive determination to regulate President’s Clear Skies proposal would This Administration must stop the these mercury emissions. But these rules only reduce emissions by less than 50 shenanigans. They need to stop will take years to write and implement, and percent in the near future and possibly downplaying the health risks of mer- there is already vigorous industry opposi- 70 percent over the next 15 years. cury pollution and stop catering to the tion. It is uncertain what form these rules I introduce this legislation on the will take or how long they may be delayed. special interests of the power industry This section requires EPA to set a heels of two recent reports about the and their lobbyists. Amaximum achievable control technology proposed EPA mercury rule, one from The clarity and diversity of voices (MACT) standard for these emissions, such the Government Accountability Office opposed to their poor mercury policies that nationwide emissions decrease by at and one from the EPA Inspector Gen- are unprecedented in the 30-year his- least 90 percent. eral. Both the IG and GAO reports se- tory of EPA. Now is the time for them Section 4. Mercury emission standards for verely criticize this Administration’s to listen to the voices of more than coal- and oil-fired commercial and indus- mercury rulemaking process, saying it 600,000 citizens and more than one mil- trial boiler units violated EPA policy, OMB guidance, lion sportsmen and women nationwide The EPA’s report on its study estimates Presidential Executive Orders and, in that sent EPA letters opposing the that 29 tons of mercury is emitted per year some instances, important provisions weak mercury rule. from coal- and oil-fired commercial and in- dustrial boiler units. This section requires of the Clean Air Act. Now is the time to listen to the near- EPA to set a MACT standard for these mer- I find this extremely troublesome. ly 100 national and local church lead- cury emissions, such that nationwide emis- These are serious problems that great- ers, representing dozens of denomina- sions decrease by at least 90 percent. ly undermine the credibility of this Ad- tions and millions of congregants, who Section 5. Reduction of mercury emissions ministration and that led them to cre- sent a letter to President Bush express- from solid waste incineration units ate policies that fail to adequately pro- ing ‘‘grave moral concern’’ about his The EPA study estimates that 30 tons of tect the children in my state of misleadingly titled Clear Skies Initia- mercury emissions are released each year Vermont and those all across the coun- tive. from municipal waste combustors. These try. Rather than develop unbiased I call on the Administration to take emissions result from the presence of mer- science-based limits on mercury pollu- immediate action to correct the seri- cury-containing items such as fluorescent tion, they instead developed limits to ous problems in EPA’s proposed power lamps, fever thermometers, thermostats and switches, in municipal solid waste streams. fit predetermined numbers found in the plant mercury rules. Instead, I hope In 1995, EPA promulgated final rules for President’s industry friendly Clear that we can begin to meet the targets these emissions, and these rules took effect Skies proposal. set out in this bill and start protecting in 2000. This section reaffirms those rules The GAO found critical flaws with the health of women and children. and requires stricter rules for units that do the economic analysis that basically I ask unanimous consent that a sum- not comply. The most effective way to re- prevent anyone from actually verifying mary of the bill be printed in the duce mercury emissions from incinerators is the supposed benefits of the cap-and- RECORD. to reduce the volume of mercury-containing trade approach proposed in both EPA’s There being no objection, the mate- items before they reach the incinerator. rule and in the Clear Skies plan. In That is why this section also requires the rial was ordered to be printed in the separation of mercury-containing items from simple terms you could call it another RECORD, as follows: the waste stream, the labeling of mercury- example of the smoke and mirrors this OVERVIEW OF THE OMNIBUS MERCURY containing items to facilitate this separa- Administration has used to support its EMISSIONS REDUCTION ACT OF 2005 tion, and the phase-out of mercury in con- flawed dirty air pollution policies. Sponsored by Senators Patrick Leahy and sumer products within three years, allowing Not only were the supposed benefits Olympia Snowe for the possibility of exceptions for essential of the cap-and-trade proposal virtually What will the Omnibus Mercury Emissions uses. undocumented, they did not even both- Reduction Act of 2005 do? Section 6. Mercury emission standards for chlor-alkali plants er to analyze whatsoever the health The Omnibus Mercury Emissions Reduc- benefits to women and children from tion Act of 2005 mandates substantial reduc- The EPA study estimates that 7 tons of controlling toxic mercury. If pro- tions in mercury emissions from all major mercury emissions are released per year from chlor-alkali plants that use the mer- tecting the health of women and chil- sources in the United States. It is the only comprehensive legislation to control mer- cury cell process to produce chlorine. EPA dren is truly important to this Admin- has not issued rules to regulate these emis- istration, then why would they skip cury emissions from all major sources. It di- rects EPA to issue new standards for unregu- sions. This section requires each chlor-alkali such an important analysis? lated sources and to monitor and report on plant that uses the mercury cell process to Not surprisingly, the EPA Inspector the progress of currently regulated sources. reduce its mercury emissions by 95 percent. General confirmed what the GAO It sets an aggressive timetable for these re- The most effective way to meet this stand- found. That EPA staff were directed to ductions so that mercury emissions are re- ard would be to switch to the more energy ignore the Clean Air Act and instead duced as soon as possible. efficient membrane cell process, which many write a mercury rule to fit the weak With these emissions reductions, the bill plants already use. mercury caps in the President’s Clear requires the safe disposal of mercury recov- Section 7. Mercury emission standards for Portland cement plants Skies initiative. ered from pollution control systems, so that Rather than let EPA’s capable sci- the hazards of mercury are not merely trans- The EPA study estimates that 5 tons of ferred from one environmental medium to mercury emissions are released each year entists and engineers do their jobs, another. It requires annual public report- from Portland cement plants. In 1999 EPA they decided to play politics and bow ing—in both paper and electronic form—of promulgated final rules for emissions from to special interest groups. How else did facility-specific mercury emissions. It phases cement plants, but these rules did not in- industry favorable policies and anal- out mercury use in consumer products, re- clude mercury. This section requires each

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3314 CONGRESSIONAL RECORD — SENATE April 6, 2005 Portland cement plant to reduce its mercury For more than three decades, tribal I am, and have been for years, a emissions by 95 percent. colleges have been providing a quality strong supporter of Montana’s tribal Section 8. Report on implementation of mer- education to help Native Americans of colleges as well as tribal colleges na- cury emission standards for medical all ages reach their fullest potential. tionwide. They contribute greatly to waste incinerators More than 30,000 students from 250 our Native American communities, The EPA study estimates that 16 tons of tribes nationwide attend tribal col- providing the tools for our tribal chil- mercury emissions are released per year leges. Tribal colleges serve young peo- dren to succeed in the world of higher from medical waste incinerators. In 1997 EPA ple preparing to enter the job market, education. Graduates often continue issued final rules for emissions from hos- dislocated workers learning new skills, pital/medical/infectious waste incinerators. their education at Montana State or This section requires EPA to report on the and people seeking to move off welfare. the University of Montana and take success of these rules in reducing these mer- I am a strong supporter of our Nation’s this knowledge and expertise back to cury emissions. tribal colleges because, more than any their communities. These students Section 9. Report on implementation of mer- other factor, they are bringing hope strengthen and improve both our tribal cury emission standards for hazardous and opportunity to America’s Indian communities and our State as a whole. waste combustors communities. They add to the social, economic, po- The EPA study estimates that 7 tons of Over the years, I have met with litical and cultural fabric that is mercury emissions are released each year many tribal college students, and I am unique to Indian Country. from hazardous waste incinerators. In 1999 always impressed by their commitment I know how hard our tribal colleges EPA promulgated final rules for these emis- to their education, their families and work to achieve success and to main- sions. This section requires EPA to report on their communities. Tribal colleges and the success of these rules in reducing these tain high standards. A talented faculty universities have been highly success- is key to those goals, but too often mercury emissions. ful in helping Native Americans obtain Section 10. Defense activities tight budgets for tribal colleges limit a higher education. Congress has recog- their ability to recruit and retain fac- This section requires the Department of nized the importance of these institu- Defense to report on its use of mercury, in- ulty. Our tribal colleges and their stu- tions and the significant gains they dents deserve quality teachers, and cluding the steps it is taking to reduce mer- have achieved in helping more individ- cury emissions and to stabilize and recycle providing loan forgiveness will help at- discarded mercury. This section also pro- uals obtain their education. While Con- tract and keep good faculty in what hibits the Department of Defense from re- gress has steadily increased its finan- can be very rural areas. turning the nearly 5,000 tons of mercury in cial support of these institutions, In addition to forgiveness for Per- the National Defense Stockpile to the global many challenges still remain. kins, direct or guaranteed loans, this market. One of the challenges that the tribal legislation will also provide assistance college presidents have expressed to me Section 11. International activities for nursing faculty at tribal colleges. is the frustration and difficulty they This section directs EPA to work with The nursing shortage is a nationwide have in attracting qualified individuals Canada and Mexico to study mercury pollu- problem, particularly in rural areas tion in North America, including the sources to teach at the colleges. Recruitment of mercury pollution, the pathways of the and retention are difficult for many of and specifically in Indian Country. pollution, and options for reducing the pollu- the colleges because of their geo- Graduates of tribal colleges often stay tion. graphic isolation and low faculty sala- near or return home, and that holds Section 12. Mercury research ries. true for nursing graduates as well. Sup- This section supports a variety of mercury To help tackle the challenges of re- porting nursing programs at tribal col- research projects. First, it promotes ac- cruiting and retaining qualified teach- leges addresses that shortage by train- countability by mandating an interagency ers, I am introducing the Tribal Col- ing professionals who are familiar with report on the effectiveness of this act in re- leges and Universities Teacher Loan the acute medical needs and cultural ducing mercury pollution. Second, it man- Forgiveness Act. This legislation will differences in rural areas and are often dates an EPA study on mercury sedimenta- provide student loan forgiveness to in- willing to stay and wage the battles. tion trends in major bodies of water. Third, This legislation will provide nursing it directs EPA to evaluate and improve dividuals who commit to teach for up state-level mercury data and fish consump- to five years in one of the tribal col- loan forgiveness to nursing instructors tion advisories. Fourth, it mandates a Na- leges nationwide. Individuals who have at tribal colleges and will help tional Academy of Sciences report on the re- Perkins, Direct, or Guaranteed loans strengthen a valuable program in Mon- tirement of excess mercury, such as stock- may qualify to receive up to $15,000 in tana and around the country. piled industrial mercury that is no longer loan forgiveness. This program will needed due to plant closures or process provide these institutions with extra By Mr. INHOFE: changes. Fifth, it mandates an EPA study of help in attracting qualified teachers, S. 732. A bill to authorize funds to mercury emissions from electric arc fur- and thus help ensure that deserving Federal aid highways, highway safety naces, a source not studied in the EPA’s programs, and transit programs, and study report. Finally, it authorizes $2,000,000 students receive a quality education. I would be remiss if I did not recog- for other purposes; from the Com- for modernization and expansion of the Mer- mittee on Environment and Public cury Deposition Network, plus $10,000,000 nize that former Senator Daschle was over ten years for operational support of responsible for spearheading this ini- Works; placed on the calendar. that network. tiative for a number of years. The trib- Mr. INHOFE. Mr. President, I am in- al colleges lost a true champion, but I troducing today the Safe, Accountable, By Mr. CONRAD (for himself, Mr. am pleased to carry forward his vision Flexible and Efficient Transportation BURNS, Mr. JOHNSON, Mr. DOR- and support for the colleges. Equity Act of 2005, SAFETEA, which GAN, Mr. KOHL, Mr. DOMENICI, I am pleased that Senators BURNS, the Committee on Environment and Mr. BINGAMAN, and Mr. THUNE): JOHNSON, DORGAN, KOHL, DOMENICI, and Public Works reported out on March 16, S. 731. A bill to recruit and retain BINGAMAN are original cosponsors of 2005. This bill reauthorizes the Federal more qualified individuals to teach in this bill, and I look forward to working aid highway program which has been Tribal Colleges or Universities; to the with my colleagues to pass this impor- operating on extensions since it ex- Committee on Indian Affairs. tant legislation. pired on September 30, 2003. The bill I Mr. CONRAD. Mr. President, three Mr. BURNS. Mr. President, I am am introducing today is essentially S. years ago, Senator BURNS and I formed pleased to join my colleague, Senator 1072 as passed by the Senate in the the bipartisan Task Force on Tribal CONRAD, in sponsoring legislation to 108th Congress, with the exception that Colleges and Universities to raise provide student loan forgiveness to the overall funding level has been awareness of the important role that educators who commit to teaching in changed from $318 billion over 6 years the tribal colleges and universities our tribal colleges. This legislation to reflect the President’s proposed play in their respective communities will provide up to $15,000 in loan for- funding level of $283.9 billion over 6 as educational, economic, and cultural giveness—a strong recruitment and re- years. centers. The Task Force seeks to ad- tention tool for tribal colleges which Last year, this body voted 76 to 21 to vance initiatives that help improve the often can’t pay the same salaries as adopt S. 1072. Clearly, there was over- quality education the colleges provide. larger institutions. whelming support for this measure

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3315 then, and in conversations with Mem- while increasing the rate of return for tion entitled the ‘‘Cotton Shirt Indus- bers this year, I am confident that donor States from the current 90.5 per- try Tariff Relief and Technical Correc- there is a real desire to get this bill cent to 92 percent by 2009. We maintain tions Act.’’ This legislation will done. We are already to take the bill up the TEA–21 scope of 92.5 percent. strengthen our domestic dress shirt on the Senate floor just as soon as it is The longer we delay enactment of a manufacturers and the pima cotton scheduled by the leadership. multiyear bill, we are negatively af- growers. My bill is a technical correc- It has been nearly 18 months since fecting economic growth. According to tion that levels the playing field by the current program, Transportation DOT estimates, every $1 billion of Fed- correcting an anomaly from previous Equity Act for the 21 Century—TEA–21, eral Funds invested in highway im- trade agreements that has unfairly ad- expired. To date, we have done a total provements creates 47,000 jobs. The vantaged foreign producers and sent of six extensions with the current ex- same $1 billion investment yields $500 hundreds of jobs offshore. tension due to expire on May 31. This million in new orders for the manufac- This legislation reduces duties levied next deadline is fast approaching, and turing sector and $500 million spread on cotton shirting fabric that is not in addition to completing action on the throughout other sectors of the econ- made in the United States. Currently, floor, we still must conference with the omy. U.S. law recognizes this lack of fabric House which has a very different for- States contract awards for the 2005 availability and grants special favor- mula program than proposed last year. spring and summer construction season able trade concessions to manufactur- We will have more challenging issues are going out to bid. If we fail to pass ers in Canada, Mexico, the Caribbean, to address and need as much time as this bill soon, States will not know the Andean region, and Africa. The possible to do so. what to expect in Federal funding and U.S. has allowed shirts to enter this Briefly, as in the bill passed by the the uncertainty will potentially force country duty-free from many other Senate last year, the bill I am intro- States to delay putting these projects countries, while we have failed to re- ducing today will address several crit- out for bid. According to the American duce tariffs on those manufacturers ical issues in our transportation sys- Association of State Highway Trans- that stayed in the U.S. and were forced tem. Specifically, the language im- portation Officials, AASHTO, an esti- to compete on these uneven terms. My proves on the existing program in the mated 90,000 jobs are at stake. This bill will correct this inequity. following areas: problem is exacerbated for northern This legislation also recognizes the Safety: Nearly 43,000 people died in States which have shorter construction need to creatively promote the U.S. 2002 on our Nation’s highways. This seasons. Many State transportation de- shirting manufacturing and textiles represents the single greatest cause of partments have advanced State dollars sectors, and does so through the cre- accidental death in America. The Envi- to construct projects eligible for Fed- ation of a Cotton Competitiveness ronment and Public Works Committee eral funding in anticipation of our ac- grant program, which is funded bill addresses this by creating a new tion to reauthorize the program. With- through a portion of previously col- core safety program and funding it ac- out a new bill, States are essentially lected duties. cordingly. left ‘‘holding the bag.’’ Our country has experienced an enor- Congestion: According to the Depart- Over the past 6 years under TEA–21, mous loss of jobs in the manufacturing ment of Transportation, time spent in we have made great progress in pre- sector. It is critical that our domestic congestion increased from 31.7 percent serving and improving the overall manufacturers are able to compete on in 1992 to 33.1 percent in 2000. Based on physical condition and operation of our a level playing field. In the case of the this rate, a typical ‘‘rush hour’’ in an transportation system; however, more domestic dress shirt industry, the prob- urbanized area is 5.3 hours per day. The needs to be done. A safe, effective lem is our own government imposing a problem is not in just urban areas; cit- transportation system is the founda- tariff of up to eleven percent upon the ies with populations less than 500,000 tion of our economy. We are past due import of fabric made from U.S. pima have experienced the greatest growth to fulfill an obligation to this country cotton. My legislation is a concrete in travel delays, according to the DOT. and the American people. step that this Congress can take to re- Under this proposal, we would address As mentioned earlier, the bill is es- duce the hemorrhaging of U.S. manu- the congestion problem by establishing sentially the same bill that was passed facturing jobs. a new Transportation Freight Gateway on the Senate floor last year—a bipar- One group of beneficiaries of this program which targets bottlenecks tisan product of many months of hard amendment is a Gitman Brothers fac- around ports and intermodal facilities. work and compromise. It remains a tory in Ashland, PA. The Ashland Shirt Environment: This bill addresses the very good piece of legislation. and Pajama factory was built in 1948 need to reduce delays in project deliv- The most significant difference with and employs 265 workers. This factory ery in several ways. The bill contains this bill, of course, is that it is drafted in the Lehigh Valley turns out world carefully balanced language on incor- at the $283.9 billion level over 6 years. class shirts with such labels as Bur- porating environmental concerns into Since 2004 is behind us, the Environ- berry and Saks Fifth Avenue that are planning and project review as early as ment and Public Works Committee bill shipped across the U.S. Currently, practicable, while ensuring that dis- includes only years 2005 to 2009 which is Gitman pays an average tariff of eleven agreements over such concerns don’t effectively $283.9 minus fiscal year 2004. percent on the fabric it imports to indefinitely delay much needed trans- S. 1072 passed the Senate last year and make shirts. Their shirts are made of portation projects. The language on guaranteed all donor States a rate of pima cotton that is grown in the the section 4(f) process will also help return of 95 percent. At a lower funding Southwestern U.S., but spun into fab- reduce unnecessary delays by enabling level, we were able only to achieve a 92- ric only by special mills in Western Eu- projects with de minimis impacts on percent rate of return but kept the 10 rope. Gitman must compete against 4(f) resources to proceed in a timely percent floor over TEA–21. Canadian shirt companies that import manner. I am certain my colleagues share my the same fabric tariff-free and who can Also, the bill seeks to correct the in- strong desire to get a transportation then ship their shirts into the U.S. tar- consistencies between the transpor- reauthorization bill passed and signed iff-free under NAFTA. These workers tation planning and air quality plan- into law by the President. I urge the and their families deserve trade laws ning that must take place in areas in leadership to schedule consideration of that do not chase their jobs offshore. nonattainment under the Clean Air this bill this month so we can get it This legislation enjoys the support of Act. The bill rationalizes the schedules done. the domestic shirting industry, UNITE, for developing transportation plans and and the Pima cotton associations. I demonstrating conformity and aligns By Mr. SPECTER: offer this legislation on behalf of the the length of the transportation plan S. 738. A bill to provide relief for the men and women of the Gitman factory considered under conformity with the cotton shirt industry; to the Com- in Ashland, the domestic dress shirting length of the air quality plan. mittee on Finance. industry, and the pima cotton growers, Equity: The bill provides all States Mr. SPECTER. Mr. President, today I so that for them free trade will indeed at least 10 percent growth over TEA–21 seek recognition to introduce legisla- be fair trade as well.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3316 CONGRESSIONAL RECORD — SENATE April 6, 2005 SUBMITTED RESOLUTIONS coach, Patricia Sue Head Summitt, for three Whereas the Tar Heels showed tremendous decades of excellence as a proven leader, mo- dedication to each other, appreciation to tivated teacher, and established champion. their fans, sportsmanship to their opponents, and respect for the game of basketball SENATE RESOLUTION 97—COM- f MENDING PATRICIA SUE HEAD throughout the 2005 season; and SUMMITT, HEAD WOMEN’S BAS- SENATE RESOLUTION 98—COM- Whereas residents of the Old North State KETBALL COACH AT THE UNI- MENDING THE UNIVERSITY OF and North Carolina fans worldwide are to be commended for their long-standing support, VERSITY OF TENNESSEE, FOR NORTH CAROLINA MEN’S BAS- KETBALL TEAM FOR WINNING perseverance and pride in the team: Now, THREE DECADES OF EXCEL- therefore, be it LENCE AS A PROVEN LEADER, THE 2005 NATIONAL COLLEGIATE Resolved, That the Senate— MOTIVATED TEACHER, AND ES- ATHLETIC ASSOCIATION DIVI- (1) commends the champion North Carolina TABLISHED CHAMPION SION I MEN’S BASKETBALL Tar Heels for their historic win in the 2005 CHAMPIONSHIP National Collegiate Athletic Association Di- Mr. FRIST (for himself and Mr. vision I Men’s Basketball Tournament; ALEXANDER) submitted the following Mr. BURR (for himself and Mrs. (2) recognizes the achievements of the resolution; which was considered and DOLE) submitted the following resolu- players, coaches, students, and support staff agreed to: tion; which was considered and agreed who were instrumental in helping the Uni- S. RES. 97 to: versity of North Carolina Tar Heels win the Whereas Pat Summitt, in her 31st year as S. RES. 98 tournament; and head coach of the Lady Volunteers (the Whereas on April 4, 2005, the North Caro- (3) directs the Secretary of the Senate to ‘‘Lady Vols’’), has become the Nation’s all- lina Tar Heels defeated the Illinois Fighting transmit a copy of this resolution to Univer- time winningest NCAA basketball coach Illini 75–70 in the finals of the National Col- sity of North Carolina Chancellor James (men’s or women’s) with her 880th career vic- legiate Athletic Association (‘‘NCAA’’) Divi- Moeser and head coach Roy Williams for ap- tory, surpassing the legendary coach Dean sion I Men’s Basketball Tournament in St. propriate display. Smith of the University of North Carolina; Louis, Missouri; f Whereas Pat Summitt, at the age of 22, Whereas the Tar Heels now hold 5 men’s SENATE RESOLUTION 99—EX- took over the women’s program at Tennessee basketball titles, including 4 NCAA tour- in 1974, when there were no scholarships and nament titles—the fourth-most in NCAA his- PRESSING THE SENSE OF THE she had to wash the uniforms and drive the tory; SENATE TO CONDEMN THE INHU- team van; Whereas the Tar Heels’ men’s team has MANE AND UNNECESSARY Whereas Pat Summitt won her first game won championships in 1924, 1957, 1982, 1993, SLAUGHTER OF SMALL on January 10, 1975, and continued to win and 2005; CETACEANS, INCLUDING DALL’S games as she became the youngest coach in Whereas Tar Heels head coach and Ashe- PORPOISE, THE BOTTLENOSE the nation to reach 300 wins (34 years old), ville, North Carolina, native Roy Williams 400 wins (37 years old), 500 wins (41 years old), DOLPHIN, RISSO’S DOLPHIN, won his first NCAA title in just his second FALSE KILLER WHALES, PILOT 600 wins (44 years old), 700 wins (47 years old), year coaching the team, improving to 470–116 and 800 wins (50 years old); in 17 seasons as a head coach, and has the WHALES, THE STRIPED DOLPHIN, Whereas Pat Summitt has coached the best record of any active coach in men’s bas- AND THE SPOTTED DOLPHIN IN Lady Vols to 15 30-plus win seasons, includ- ketball; CERTAIN NATIONS ing a perfect season of 39–0, 13 Southeastern Whereas seniors Jawad Williams, Jackie Conference (SEC) regular-season titles, and Mr. LAUTENBERG (for himself, Mr. Manuel, Melvin Scott, Charlie Everett, and LEVIN, Mr. SARBANES, and Mr. LIEBER- 11 SEC tournament championships; C.J. Hooker celebrated 4 years at North Whereas Pat Summitt has appeared in MAN) submitted the following resolu- Carolina with a ‘‘Final Four’’ win; more NCAA tournament games (107), and has tion; which was referred to the Com- Whereas Sean May was named Most Out- won more tournament games (89), than any standing Player of the tournament, scoring mittee on Foreign Relations:: other collegiate coach, including a record of 26 points and collecting 10 rebounds in the S. RES. 99 36–0 in the first two rounds, 16 NCAA Final final game; Whereas the United States has consist- Four appearances, and 6 NCAA Champion- Whereas Tar Heels Raymond Felton and ently worked to increase protections for ma- ship Titles, including the NCAA’s first back- Rashad McCants joined Sean May on the All- rine mammals, such as dolphins and whales, to-back-to-back women’s titles in 1996, 1997, Tournament Team, along with Illini players since the enactment of the Marine Mammal and 1998; Luther Head and Deron Williams; Protection Act of 1972 (16 U.S.C. 1361 et seq.); Whereas Pat Summitt played on the 1976 Whereas dolphins and whales are found United States Olympic team and later Whereas the North Carolina Tar Heels fin- coached the United States women’s basket- ished the 2004–2005 season with 33 wins and worldwide, including in both of the polar re- ball team to its first Olympic gold medal in just 4 losses, and won the championship by gions, throughout the high seas, and along 1984; defeating an Illinois team that tied an NCAA most coastal areas; Whereas Pat Summitt has been named SEC record for wins in a season at 37; Whereas these unique, highly social, and coach of the year 6 times and national coach Whereas freshman Tar Heel Marvin Wil- intelligent animals have caught the imagi- of the year by several associations, including liams helped seal the victory with a tip-in nation of the public not only in the United the Sporting News Coach of the Year, the with 1 minute and 26 seconds left to play; States, but in many nations around the Naismith Coach of the Year, and the Associ- Whereas the Tar Heel defense held Illinois world; ated Press Coach of the Year; to 27 percent from the field in the first half Whereas the over-exploitation of small Whereas Pat Summitt and the Lady Vols and prevented the Illini from scoring during cetaceans for decades has resulted in the se- were selected by ESPN as the ‘‘Team of the the last 2 minutes and 37 seconds; rious decline, and in some cases, the com- Decade’’ (1990s), sharing the honor with the Whereas North Carolina defeated Michigan mercial extinction, of those species; Florida State University Seminole’s football State 87–71 to earn a spot in the final con- Whereas each year tens of thousands of team, and Summitt became the first female test; small cetaceans are herded into small coves coach to appear on the cover of Sports Illus- Whereas the Tar Heels defeated Oakland in certain nations, are slaughtered with trated; and Iowa State in Charlotte, North Carolina, spears and knives, and die as a result of Whereas Pat Summitt was officially ac- then Villanova and Wisconsin in Syracuse, blood loss and hemorrhagic shock; cepted to the Women’s Basketball Hall of New York, to advance to the ‘‘Final Four’’; Whereas in many cases, those responsible Fame in 1999, and was then inducted to the Whereas Albemarle, North Carolina, native for the slaughter prevent documentation or Basketball Hall of Fame on October 13, 2000, Woody Durham has been the radio play-by- data from the events from being recorded or as only the 4th women’s basketball coach to play voice of North Carolina’s basketball made public; earn Hall of Fame honors; programs since 1971, and this was his 11th Whereas the deficient information on hunt Whereas Pat Summitt’s Lady Vols have a ‘‘Final Four’’ with the Tar Heels and third yields and small cetacean populations indi- remarkable graduation rate, as each student- national championship call; cates a lack of commitment to maintaining athlete who has completed her eligibility at Whereas the Tar Heel team members are sustainable populations and prevents scru- Tennessee has received her degree or is in excellent representatives of a fine university tiny of humaneness of killing methods; the process of completing all of the require- that is a leader in higher education, pro- Whereas for at least the past 4 years toxi- ments; and ducing 38 Rhodes scholars, as well as many cologists have issued warnings regarding Whereas Pat Summitt has recently been fine student-athletes and other leaders; high levels of mercury and other contami- honored by the University of Tennessee, as Whereas each player, coach, trainer, man- nants in meat from small cetaceans caught the court at Thompson-Boling Arena will be ager, and staff member dedicated this season off coastal regions; named ‘‘The Summitt’’: Now, therefore, be it and their efforts to ensure the North Caro- Whereas some nations that participate in Resolved, That the Senate commends the lina Tar Heels reached the summit of college small cetacean slaughter are members of the University of Tennessee women’s basketball basketball; United Nations Convention on the Law of

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3317 the Sea, done at Montego Bay, Jamaica, De- Whaling Commission meeting with the tions condemning these types of small cember 10, 1982, and are therefore bound to message that the slaughter of these cetacean slaughters. Our resolution honor article 65 of that Convention, which marine mammals must be stopped, and will send the United States delegation declares that ‘‘States shall cooperate with a view to the conservation of marine mammals that the commission must protect to the next IWC meeting with the mes- and in the case of cetaceans shall in par- them. I am pleased to be joined by my sage that this issue is not forgotten. ticular work through the appropriate inter- cosponsors, Senators LEVIN, SARBANES, It will also ensure that the U.S. dele- national organizations for their conserva- and LIEBERMAN. gation works to clarify the IWC’s mis- tion, management, and study’’; Each year, more than 20,000 dolphins, sion to manage and protect small Whereas in 1946, 14 nations adopted the porpoises, and small whales, which are cetaceans. International Convention for the Regulation collectively called small cetaceans, are f of Whaling with schedule of whaling regula- slaughtered by methods that are be- tions, signed at Washington December 2, 1946 SENATE RESOLUTION 100—DIS- yond inhumane. (TIAS 1849), which established the Inter- APPROVING THE REQUEST OF These mammals are intelligent, they national Whaling Commission to provide for THE PRESIDENT FOR EXTENSION live in family groups, and they feel the proper conservation of whales stocks; UNDER SECTION 2103(C)(1)(B)(I) OF and pain. In many cases, they are herded THE BIPARTISAN TRADE PRO- Whereas the International Whaling Com- together into small coves, where they MOTION AUTHORITY ACT OF 2002, mission on numerous occasions has called are confined with nets. Once they are OF THE TRADE PROMOTION AU- into question the slaughter by member na- trapped, the slaughter begins. tions of small cetaceans, has asked for the The first step is often to slice their THORITIES UNDER THAT ACT reduction of the number of animals killed, Mr. DORGAN (for himself and Mr. and has in certain instances urged for the throats with knives, causing them to halt of the slaughter altogether, including bleed to death. This slow and painful BYRD) submitted the following resolu- by passing resolutions condemning drive method is used because cetaceans are tion; which was referred to the Com- hunts of striped dolphins in 1992 and 1993 and hard to kill, due to their natural pro- mittee on Finance: resolutions criticizing exploitation of Dall’s tective layer of blubber. S. RES. 100 porpoises in 1990, 1999, and 2001: Now, there- Very often, processing of these mam- Resolved, That the Senate disapproves the fore, be it mals begins before they are even dead. request of the President for the extension, Resolved, That it is the sense of the Senate They are wrenched from the water with under section 2103(c)(1)(B)(i) of the Bipar- that— tisan Trade Promotion Authority Act of 2002, (1) the United States strongly condemns cranes, loaded while in a state of shock into trucks, and taken to warehouses of the trade authorities procedures under the slaughter of small cetaceans in drive that Act to any implementing bill submitted fisheries and urges nations that participate where their flesh is removed to be sold with respect to any trade agreement entered in small cetacean slaughter to end commer- as meat. All of this can occur while the into under section 2103(b) of that Act after cial hunts; animals are still alive. June 30, 2005. (2) at the 57th Annual Meeting of the Inter- Dolphins, porpoises, and small whales Mr. DORGAN. Mr. President, today I national Whaling Commission in Korea, the are some of the most advanced animals am submitting a resolution to dis- United States should— in the world, on land or at sea. They (A) negotiate regional and international approve of the extension of ‘‘trade pro- agreements to decrease catch and bycatch of can feel pain the same way and to the motion authority,’’ better known as all cetaceans; same extent humans can. ‘‘fast track,’’ for trade agreements. (B) advocate for clarification that the I find this treatment of these re- In 2002, the U.S. Congress decided to mandate of the International Whaling Com- markable animals abhorrent and inhu- tie its hands behind its back when it mission includes small cetaceans; mane. However, the process I have de- comes to international trade. (C) call on nations that participate in scribed is also objectionable for several The Constitution, at Article I, Sec- small cetacean slaughter to stop their com- other reasons. tion 8, gives the Congress the power to mercial hunts; The meat of these animals is sold as regulate foreign commerce. But in 2002 (D) seek the inclusion of an agenda item in the Working Group on Whale Killing Meth- food, often mislabeled as ‘‘whale we handed that authority to the Presi- ods and Associated Welfare Issues on killing meat,’’ which to many people suggests dent, and effectively gave him a blank methods for small cetaceans and implica- open-ocean large whales that are still check. We gave the President the au- tions for the welfare of small cetaceans; hunted by several nations despite a thority to negotiate trade agreements (E) strongly urge all nations that engage worldwide moratorium. in secret, and to bring those agree- in small cetacean hunts— However, the meat of small cetaceans ments back to the Senate for a vote, (i) to provide detailed information to the is not large whale meat. Small ceta- without the possibility of a single International Whaling Commission on pri- cean meat can be very unhealthy. amendment being offered. mary and secondary killing methods used for These small animals are more likely each species of small cetacean killed, the What was the result? We saw the method used to measure insensibility or than large whales to live along the signing of agreements like the Central death, and times of death; and coast, and they are higher up in the American Free Trade Agreement, or (ii) to share with the International Whal- food chain, so their bodies are often CAFTA. This is an agreement that ing Commission data on the sustainability of contaminated with mercury and other would integrate our economy with small cetacean populations; and pollutants. Levels of contaminants in those of Costa Rica, El Salvador, Gua- (F) initiate and support efforts— some of this meat are often much high- temala, Honduras, Nicaragua, and the (i) to firmly support the role and authority er than what is recommended by the Dominican Republic. of the newly created Conservation Com- nations where it is sold. Do the American people think this is mittee; and (ii) to ensure an ambitious conservation Another problem is that many of a good idea? Not on your life, certainly agenda for all future meetings of the Com- these small cetacean populations are not after what they’ve seen with the mittee; and being threatened by the loss of large NAFTA deal with Mexico. CAFTA (3) the United States should make full use numbers of animals. Over-exploitation promises more of the same: U.S. jobs of all appropriate diplomatic mechanisms, of small cetaceans has resulted in the going overseas, as companies try to relevant international laws and agreements, serious decline and even the commer- take advantage of low-wage labor in Federal laws, including the Fishermen’s Pro- cial extinction of some populations. countries with no environmental con- tective Act of 1967 (commonly known as the Unfortunately, it is difficult to track trols. Pelly Amendment) (22 U.S.C. 1971 et seq.), and other appropriate means to implement the take and the populations of these If we were able to offer amendments these goals. animals, as the people who slaughter to CAFTA, we could, for instance, have Mr. LAUTENBERG. Mr. President, I them don’t allow full, and in some meaningful prohibitions on child or rise to submit a resolution to condemn cases any, documentation of the kill- sweatshop labor, or pollution by over- the inhumane and unnecessary slaugh- ing. Their failure to keep accurate in- seas factories. Provisions that would ter of dolphins, porpoises, and small formation indicates that they lack a protect American workers from having whales that occurs in certain nations commitment to maintaining sustain- to compete with children working in around the world. able populations. filthy factories for pennies a day. This resolution would send the U.S. The International Whaling Commis- But that’s not the kind of CAFTA delegation to this year’s International sion (IWC) has passed at least 5 resolu- agreement that big business wants.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3318 CONGRESSIONAL RECORD — SENATE April 6, 2005 They want to pole vault over basic ers at the University of Pittsburgh in the de- SA 298. Mr. INHOFE submitted an amend- labor and environmental laws in our velopment of the Salk polio vaccine; ment intended to be proposed by him to the country, and just move their factories (2) expresses its appreciation to— bill S. 600, supra; which was ordered to lie on to countries like Guatemala or Hon- (A) the family of Dr. Salk for the elimi- the table. nation of polio, a disease that caused count- SA 299. Mr. INHOFE submitted an amend- duras. less deaths and disabling consequences; ment intended to be proposed by him to the I am going to lead the fight against (B) the members of Dr. Salk’s research bill S. 600, supra; which was ordered to lie on CAFTA in the U.S. Senate. But I want team; and the table. to make sure that we get rid of this (C) the individuals who generously agreed SA 300. Mr. INHOFE submitted an amend- fast track authority that helped create to participate in clinical trials to validate ment intended to be proposed by him to the this awful agreement in the first place. the efficacy of the polio vaccine; and bill S. 600, supra; which was ordered to lie on Well, the legislation that gave fast (3) celebrates with the University of Pitts- the table. SA 301. Mr. INHOFE submitted an amend- track authority to the president in 2002 burgh on the 50th anniversary of the ap- proval and use of the Salk polio vaccine. ment intended to be proposed by him to the said that Congress would get to decide bill S. 600, supra; which was ordered to lie on in 2005 whether to extend fast track. f the table. Any Senator can come to the floor of TEXT OF AMENDMENTS—APRIL 4, SA 302. Mr. INHOFE submitted an amend- the Senate and offer a resolution say- 2005 ment intended to be proposed by him to the ing that we should not extend fast bill S. 600, supra; which was ordered to lie on SA 265. Mr. NELSON of Florida sub- track. And I am availing myself of that the table. mitted an amendment intended to be SA 303. Mr. INHOFE submitted an amend- opportunity today. proposed by him to the bill H.R. 1268, ment intended to be proposed by him to the But there is a catch. The supporters making emergency supplemental ap- bill S. 600, supra; which was ordered to lie on of fast track authority buried a provi- propriations for the fiscal year ending the table. sion in the 2002 bill, which says that SA 304. Mr. INHOFE submitted an amend- September 30, 2005, to establish and the Senate does not get to vote on this ment intended to be proposed by him to the rapidly implement regulations for resolution unless the Finance Com- bill S. 600, supra; which was ordered to lie on State driver’s license and identifica- mittee first approves it. And the staff the table. tion document security standards, to SA 305. Mr. INHOFE submitted an amend- of Chairman of the Finance Committee prevent terrorists from abusing the ment intended to be proposed by him to the has indicated that there is no way they asylum laws of the United States, to bill S. 600, supra; which was ordered to lie on are going to allow the Senate to vote unify terrorism-related grounds for in- the table. on such a resolution. SA 306. Mr. INHOFE submitted an amend- I don’t want to see any more agree- admissibility and removal, to ensure ment intended to be proposed by him to the ments like CAFTA being negotiated in expeditious construction of the San bill S. 600, supra; which was ordered to lie on secret, and then brought to the U.S. Diego border fence, and for other pur- the table. poses; which was referred to the Com- SA 307. Mr. INHOFE submitted an amend- Senate without the possibility of even ment intended to be proposed by him to the a single amendment. So I am offering mittee on Appropriations; as follows: At the appropriate place, insert the fol- bill S. 600, supra; which was ordered to lie on today a resolution of disapproval for lowing: the table. SA 308. Mr. SALAZAR proposed an amend- extension of fast track, in accordance SEC. ll. PROHIBITION ON REDUCTION IN NUM- with the law. BER OF OPERATIONAL AIRCRAFT ment to the bill S. 600, supra. And I am going to do everything I CARRIERS OF THE NAVY. SA 309. Mr. SCHUMER (for himself, Mr. GRAHAM, Mr. BAYH, Mr. BUNNING, Mr. DODD, can to see to it that the Senate gets a (a) PROHIBITION.—No funds appropriated or otherwise made available by this Act, or by Mrs. DOLE, Mr. FEINGOLD, Ms. STABENOW, Mr. chance to vote on this resolution, one KOHL, Mr. REID, Mr. DURBIN, Mr. DEWINE, way or another. any other Act, for fiscal year 2005 may be ob- ligated or expended to reduce the number of Mr. BURR, Mr. JOHNSON, and Ms. MIKULSKI) f operational aircraft carriers of the Navy proposed an amendment to the bill S. 600, from 12 operational aircraft carriers to 11 supra. SENATE RESOLUTION 101—RECOG- SA 310. Mr. WARNER submitted an amend- NIZING THE 50TH ANNIVERSARY operational aircraft carriers. (b) OPERATIONAL AIRCRAFT CARRIER.—In ment intended to be proposed by him to the OF THE DEVELOPMENT OF THE this section, the term ‘‘operational aircraft bill S. 600, supra; which was ordered to lie on SALK POLIO VACCINE AND ITS carrier’’ includes an aircraft carrier that is the table. SA 311. Mr. WARNER submitted an amend- IMPORTANCE IN ERADICATING unavailable due to maintenance or repair. THE INCIDENCE OF POLIO ment intended to be proposed by him to the f bill S. 600, supra; which was ordered to lie on Mr. SANTORUM (for himself and Mr. AMENDMENTS SUBMITTED AND the table. SPECTER, and Mr. LAUTENBERG) sub- PROPOSED SA 312. Mr. SANTORUM submitted an mitted the following resolution; which amendment intended to be proposed by him was considered and agreed to: SA 292. Mr. SANTORUM (for himself and to the bill S. 600, supra; which was ordered to Ms. MIKULSKI) submitted an amendment in- lie on the table. S. RES. 101 tended to be proposed by him to the bill S. SA 313. Mr. DAYTON submitted an amend- Whereas the epidemic of polio struck the 600, to authorize appropriations for the De- ment intended to be proposed by him to the citizens of the United States in the early partment of State and international broad- bill S. 600, supra; which was ordered to lie on 1950s, causing thousands of cases of lingering casting activities for fiscal years 2006 and the table. paralysis and death; 2007, for the Peace Corps for fiscal years 2006 SA 314. Mr. FEINGOLD submitted an Whereas the epidemic of polio peaked in and 2007, for foreign assistance programs for amendment intended to be proposed by him 1952, having affected nearly 58,000 people, fiscal years 2006 and 2007, and for other pur- to the bill S. 600, supra; which was ordered to mainly children and young adults; poses; which was ordered to lie on the table. lie on the table. Whereas many of those affected by polio SA 293. Mr. INHOFE submitted an amend- SA 315. Mr. NELSON, of Florida submitted needed the assistance of mechanical ventila- ment intended to be proposed by him to the an amendment intended to be proposed by tors in order to breathe, while others were bill S. 600, supra; which was ordered to lie on him to the bill H.R. 1268, Making emergency crippled and dependent upon crutches for the table. supplemental appropriations for the fiscal mobility; SA 294. Mr. INHOFE submitted an amend- year ending September 30, 2005, to establish Whereas University of Pittsburgh faculty ment intended to be proposed by him to the and rapidly implement regulations for State member Dr. Jonas Salk and his team of re- bill S. 600, supra; which was ordered to lie on driver’s license and identification document searchers developed the first vaccine against the table. security standards, to prevent terrorists polio; SA 295. Mr. INHOFE submitted an amend- from abusing the asylum laws of the United Whereas, in April 1955, the results of an un- ment intended to be proposed by him to the States, to unify terrorism-related grounds precedented and successful nationwide clin- bill S. 600, supra; which was ordered to lie on for inadmissibility and removal, to ensure ical trial of the polio vaccine were an- the table. expeditious construction of the San Diego nounced; SA 296. Mr. INHOFE submitted an amend- border fence, and for other purposes; which Whereas the Salk polio vaccine was ap- ment intended to be proposed by him to the was referred to the Committee on Appropria- proved for widespread public use at that bill S. 600, supra; which was ordered to lie on tions. time; and the table. SA 316. Mr. NELSON, of Florida (for him- Now, therefore, be it SA 297. Mr. INHOFE submitted an amend- self and Mr. CORZINE) submitted an amend- Resolved, That the Senate— ment intended to be proposed by him to the ment intended to be proposed by him to the (1) recognizes the pioneering achievement bill S. 600, supra; which was ordered to lie on bill H.R. 1268, supra; which was referred to of Dr. Jonas Salk and his team of research- the table. the Committee on Appropriations.

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3319 SA 317. Mr. SESSIONS submitted an the causes of freedom and friendship with activities for fiscal years 2006 and 2007, amendment intended to be proposed by him the United States, exemplified by the brave for the Peace Corps for fiscal years 2006 to the bill S. 600, to authorize appropriations actions of Polish patriots such as Casimir and 2007, for foreign assistance pro- for the Department of State and inter- Pulaski and Tadeusz Kosciuszko during the grams for fiscal years 2006 and 2007, and national broadcasting activities for fiscal American Revolution. for other purposes; which was ordered years 2006 and 2007, for the Peace Corps for (2) Polish history provides pioneering ex- fiscal years 2006 and 2007, for foreign assist- amples of constitutional democracy and reli- to lie on the table; as follows: ance programs for fiscal years 2006 and 2007, gious tolerance. On page 13, between lines 9 and 10, insert and for other purposes. (3) The United States is home to nearly the following: SA 318. Mr. DODD (for himself and Mr. LIE- 9,000,000 people of Polish ancestry. (d) REPORT TO CONGRESS ON UNITED NA- TIONS RAVEL LLOWANCES BERMAN) proposed an amendment to the bill (4) Polish immigrants have contributed T A .—Not later than S. 600, supra. greatly to the success of industry and agri- 120 days after the date of enactment of this SA 319. Mr. ENSIGN proposed an amend- culture in the United States. Act, the Secretary of State shall submit to the appropriate congressional committees a ment to the bill S. 600, supra. (5) Since the demise of communism, Po- report including the following: SA 320. Mr. ENSIGN proposed an amend- land has become a stable, democratic nation. (1) The total the travel allowances for the ment to the bill S. 600, supra. (6) Poland has adopted economic policies past 3 calendar years, by conference and na- SA 321. Mr. ENSIGN proposed an amend- that promote free markets and rapid eco- tion, including meals, lodging, travel, and re- ment to the bill S. 600, supra. nomic growth. lated expenses, paid by the United Nations SA 322. Mr. ENSIGN proposed an amend- (7) On March 12, 1999, Poland demonstrated and member states and non-governmental ment to the bill S. 600, supra. its commitment to global security by becom- organizations for delegates and experts to all SA 323. Mr. LEAHY submitted an amend- ing a member of the North Atlantic Treaty worldwide conferences under the auspices of, ment intended to be proposed by him to the Organization. or affiliated with, the United Nations. bill S. 600, supra; which was ordered to lie on (8) On May 1, 2004, Poland became a mem- (2) A description of the means by which the the table. ber state of the European Union. amount and distribution of such travel al- SA 324. Mr. LEAHY submitted an amend- (9) Poland was a staunch ally to the United lowances are determined. ment intended to be proposed by him to the States during Operation Iraqi Freedom. (3) A description of the means by which bill S. 600, supra; which was ordered to lie on (10) Poland has committed 2,300 soldiers to such travel allowance costs are assigned for the table. help with ongoing peacekeeping efforts in payment by member states and nongovern- SA 325. Mr. DODD (for himself and Mr. Iraq. mental organizations to United Nations or LEAHY) submitted an amendment intended to (11) The Secretary and the Secretary of directly to the delegates and experts. be proposed by him to the bill S. 600, supra; Homeland Security administer the visa (4) Recommendations for policies, pro- which was ordered to lie on the table. waiver program, which allows citizens from grams, and strategies of the United States SA 326. Ms. SNOWE (for herself and Mr. 27 countries, including France and Germany, Government to ensure that fiscal efficiency COLEMAN) submitted an amendment intended to visit the United States as tourists without in such travel allowances is improved sub- to be proposed by her to the bill S. 600, supra; visas. stantially. which was ordered to lie on the table. (12) On April 15, 1991, Poland unilaterally SA 327. Ms. SNOWE (for herself and Mr. repealed the visa requirement for United SA 295. Mr. INHOFE submitted an COLEMAN) submitted an amendment intended States citizens traveling to Poland for 90 amendment intended to be proposed by to be proposed by her to the bill S. 600, supra; days or less. which was ordered to lie on the table. (13) More than 100,000 Polish citizens visit him to the bill S. 600, to authorize ap- SA 328. Mrs. FEINSTEIN submitted an the United States each year. propriations for the Department of amendment intended to be proposed by her (b) VISA WAIVER PROGRAM.—Effective on State and international broadcasting to the bill S. 600, supra; which was ordered to the date of the enactment of this Act, and activities for fiscal years 2006 and 2007, lie on the table. notwithstanding section 217(c) of the Immi- for the Peace Corps for fiscal years 2006 SA 329. Ms. LANDRIEU submitted an gration and Nationality Act (8 U.S.C. and 2007, for foreign assistance pro- amendment intended to be proposed by her 1187(c)), Poland shall be deemed a designated grams for fiscal years 2006 and 2007, and to the bill S. 600, supra; which was ordered to program country for purposes of the visa for other purposes; which was ordered lie on the table. waiver program established under section 217 to lie on the table; as follows: SA 330. Ms. LANDRIEU (for herself, Mr. of such Act. DEMINT, and Mr. CRAIG) submitted an On page 55, line 6, strike ‘‘Section’’ and in- amendment intended to be proposed by her SA 293. Mr. INHOFE submitted an sert the following: to the bill S. 600, supra; which was ordered to (a) AMENDMENT.—Section amendment intended to be proposed by On page 55, between lines 11 and 12, insert lie on the table. him to the bill S. 600, to authorize ap- the following: SA 331. Mr. SMITH submitted an amend- propriations for the Department of (b) CALCULATION; DIRECT PAYMENTS.— ment intended to be proposed by him to the State and international broadcasting (1) CALCULATION.—The United States shall bill S. 600, supra; which was ordered to lie on pay its share for United Nations Peace- the table. activities for fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 keepers, pursuant to the amendment made SA 332. Mrs. LINCOLN submitted an by subsection (a), as calculated at such pre- amendment intended to be proposed by her and 2007, for foreign assistance pro- vailing wage as military and civilian per- to the bill S. 600, supra; which was ordered to grams for fiscal years 2006 and 2007, and sonnel are paid in their respective member lie on the table. for other purposes; which was ordered states. f to lie on the table; as follows: (2) DIRECT PAYMENTS TO PEACEKEEPERS.— TEXT OF AMENDMENTS On page 266, between lines 8 and 9, insert The United States’ share of the payments de- the following: scribed in paragraph (1)— SEC. 2736. SUSPENSION OF FUNDS. (A) shall be paid directly to the military and civilian personnel engaged in peace- SA 292. Mr. SANTORUM (for himself In any case in which there is credible evi- keeping operations; and and Ms. MIKULSKI) submitted an dence of sexual exploitation and abuse in a (B) shall not be paid to the member states, amendment intended to be proposed by country by peacekeeping troops partici- some of which— pating in United Nations peacekeeping oper- him to the bill S. 600, to authorize ap- (i) have profiteered from peacekeeping op- ations and the government of such country propriations for the Department of erations; or is not investigating or punishing such exploi- State and international broadcasting (ii) have been derelict in payment of its tation and abuse, the United States shall activities for fiscal years 2006 and 2007, military and civilian personnel engaged in suspend payment of peacekeeping funds to peacekeeping operations. for the Peace Corps for fiscal years 2006 the United Nations in an amount propor- and 2007, for foreign assistance pro- tionate to the operations in that country Mr. INHOFE submitted an grams for fiscal years 2006 and 2007, and SA 296. until the Secretary of State certifies to the amendment intended to be proposed by for other purposes; which was ordered appropriate congressional committees that him to the bill S. 600, to authorize ap- to lie on the table; as follows: the United Nations peacekeepers are pros- ecuted through the judicial systems of such propriations for the Department of On page 74, between lines 2 and 3, insert State and international broadcasting the following: country. activities for fiscal years 2006 and 2007, SEC. 603. DESIGNATION OF POLAND AS A VISA Mr. INHOFE submitted an WAIVER COUNTRY. SA 294. for the Peace Corps for fiscal years 2006 (a) FINDINGS.—Congress makes the fol- amendment intended to be proposed by and 2007, for foreign assistance pro- lowing findings: him to the bill S. 600, to authorize ap- grams for fiscal years 2006 and 2007, and (1) Since the founding of the United States, propriations for the Department of for other purposes; which was ordered Poland has proven its steadfast dedication to State and international broadcasting to lie on the table; as follows:

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3320 CONGRESSIONAL RECORD — SENATE April 6, 2005 On page 59, between lines 4 and 5, insert (B) make use of the expertise of the NMIPT United States to seek to enact significant the following: in carrying out activities under subsection and necessary changes to improve the ac- SEC. 405. REPORT TO CONGRESS ON UNITED NA- (a). countability, increase the transparency, and TIONS TRANSLATION EXPENSES. (2) FINDINGS.—Established in 1997 by Public streamline the functioning of the United Na- Not later than 120 days after the date of Law 105–58, the NMIPT is a nonprofit non- tions processes by seeking the elimination of the enactment of this Act, the Secretary, governmental entity under section 501(c)(3) the Second and Third Committees of the through the International Organizations Bu- of the Internal Revenue Code of 1986, with a United Nations. reau of the Department of State, shall sub- mission to prevent terrorism and assist the mit a report to Congress that contains— emergency responder community. The SA 302. Mr. INHOFE submitted an (1) for the most recent 3 calendar years, a NMIPT provides a neutral forum for discus- amendment intended to be proposed by breakdown of the total of the translation ex- sion of the issues associated with combating him to the bill S. 600, to authorize ap- penses of the United Nations paid by the terrorism and provides an excellent setting propriations for the Department of United Nations and member states and non- for a world-class library of resources related State and international broadcasting governmental organizations; to terrorism. The NMIPT sponsors and works activities for fiscal years 2006 and 2007, (2) a description of the means by which the with partners to explore counterterrorism for the Peace Corps for fiscal years 2006 amount and distribution of such translation research. One of the most important func- and 2007, for foreign assistance pro- tions the NMIPT performs is to provide a work are determined; grams for fiscal years 2006 and 2007, and (3) a description of the means by which means for emergency first responders to such translation costs are assigned for pay- share information, the foundation of which for other purposes; which was ordered ment by member states and non-govern- information sharing effort is a manual of les- to lie on the table; as follows: mental organizations to United Nations; sons learned by first responders. On page 138, line 21, strike ‘‘Section’’ and (4) an analysis of any possibility for cost insert the following: savings resulting from translation into a SA 299. Mr. INHOFE submitted an (a) IN GENERAL.—Section particular languages being performed in the amendment intended to be proposed by On page 139, between lines 3 and 4, insert nation or nations where such language is the following: him to the bill S. 600, to authorize ap- (b) SENSE OF THE SENATE.—It is the Sense autochthonous; propriations for the Department of of the Senate that regularly scheduled dues (5) an analysis of any cost savings possible State and international broadcasting of the United States to the United Nations by paying translators the prevailing wage for activities for fiscal years 2006 and 2007, for its share of peacekeeping funding should such work as is paid in the nation or nations for the Peace Corps for fiscal years 2006 not be paid by emergency, ‘‘off-budget’’ ap- where such language is autochthonous; propriations. (6) an analysis of any possibility for cost and 2007, for foreign assistance pro- savings resulting from translation into a grams for fiscal years 2006 and 2007, and SA 303. Mr. INHOFE submitted an more refined, smaller set of languages for for other purposes; which was ordered amendment intended to be proposed by any possible purposes and occasions, as such to lie on the table; as follows: him to the bill S. 600, to authorize ap- analogous initiative has been suggested for On page 119, strike lines 8 through 21, and propriations for the Department of the translation work performed for the Euro- insert the following: pean Union; and State and international broadcasting SEC. 2106. REMOVAL OF IRAQ FROM LIST OF (7) recommendations for policies, pro- activities for fiscal years 2006 and 2007, COUNTRIES DENIED ASSISTANCE for the Peace Corps for fiscal years 2006 grams, and strategies of the United States UNDER TITLE III OF FOREIGN AS- Government to ensure that fiscal efficiency SISTANCE ACT OF 1961. and 2007, for foreign assistance pro- in such translation expenses is improved sub- Section 307(a) of the Foreign Assistance grams for fiscal years 2006 and 2007, and stantially. Act of 1961 (22 U.S.C. 2227(a)) is amended by for other purposes; which was ordered striking ‘‘Iraq,’’. to lie on the table; as follows: SA 297. Mr. INHOFE submitted an On page 15, between lines 3 and 4, insert amendment intended to be proposed by SA 300. Mr. INHOFE submitted an the following: him to the bill S. 600, to authorize ap- amendment intended to be proposed by (d) REPORT ON ALLEGED DIVERSION OF IN- propriations for the Department of him to the bill S. 600, to authorize ap- TENDED MIGRATION AND REFUGEE ASSIST- State and international broadcasting propriations for the Department of ANCE.— activities for fiscal years 2006 and 2007, State and international broadcasting (1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, for the Peace Corps for fiscal years 2006 activities for fiscal years 2006 and 2007, the Secretary shall, through the Inter- and 2007, for foreign assistance pro- for the Peace Corps for fiscal years 2006 national Organizations Bureau of the De- grams for fiscal years 2006 and 2007, and and 2007, for foreign assistance pro- partment of State, submit to the appropriate for other purposes; which was ordered grams for fiscal years 2006 and 2007, and congressional committees a report on the al- to lie on the table; as follows: for other purposes; which was ordered leged diversion of funds intended for migra- On page 16, after line 3, add the following: to lie on the table; as follows: tion and refugee assistance. (2) CONTENT.—The report required under SEC. 107. PROMOTION OF INTERNATIONAL On page 123, line 10, strike ‘‘$680,735,000’’ paragraph (1) shall contain— TAXES, TARIFFS, OR FEES. and insert ‘‘$678,705,000’’. (A) for the previous three calendar years, a Nothing in this subtitle shall be construed On page 143, line 17, strike ‘‘$18,850,000’’ and breakdown of the total expenses of the to authorize the appropriation of funds for insert ‘‘$20,850,000’’. the Department of State to promote or in United States, nongovernmental organiza- tions, the United Nations High Commis- any way advocate for international taxes, SA 301. Mr. INHOFE submitted an tariffs, or fees. sioner for Refugees, and world food aid pro- amendment intended to be proposed by grams incurred in providing assistance to him to the bill S. 600, to authorize ap- the Saharawis and all refugees from Rwanda SA 298. Mr. INHOFE submitted an propriations for the Department of to Uganda and the Sudan; amendment intended to be proposed by State and international broadcasting (B) a description of the intended purposes him to the bill S. 600, to authorize ap- activities for fiscal years 2006 and 2007, of such assistance; propriations for the Department of for the Peace Corps for fiscal years 2006 (C) a review of the allegations, found in State and international broadcasting and 2007, for foreign assistance pro- European, Moroccan, and other press outlets activities for fiscal years 2006 and 2007, grams for fiscal years 2006 and 2007, and and reported by French, Scandinavian, and for the Peace Corps for fiscal years 2006 other nongovernmental organizations, of the for other purposes; which was ordered diversion of such funds to other purposes, in- and 2007, for foreign assistance pro- to lie on the table; as follows: grams for fiscal years 2006 and 2007, and cluding to the black markets in Algeria and On page 58, between lines 14 and 15, insert Mauritania; for other purposes; which was ordered the following: (D) an analysis of any possibility for cost to lie on the table; as follows: (7) The United Nations has experienced a savings resulting from the prevention of any On page 187, between lines 14 and 15, insert proliferation of committees that perform es- such diversion; the following: sentially the same functions. (E) an analysis of how many lives could be (c) NATIONAL MEMORIAL INSTITUTE FOR THE On page 58, line 18, strike ‘‘and’’. saved and improved by the prevention of any PREVENTION OF TERRORISM.— On page 59, line 4, strike the period at the such diversion; and (1) IN GENERAL.—The Secretary shall— end and insert ‘‘; and’’ (F) recommendations for policies, pro- (A) contract with the National Memorial On page 59, between lines 4 and 5, insert grams, and strategies of the United States Institute for the Prevention of Terrorism the following: Government to prevent any such diversion. (referred to in this subsection as the (3) the Secretary should instruct any ‘‘NMIPT’’) to review national response plans United States representative to the United SA 304. Mr. INHOFE submitted an and the training of first responders; and Nations to use the voice and vote of the amendment intended to be proposed by

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Mr. INHOFE submitted an (d) REPORT TO CONGRESS ON UNITED NA- propriations for the Department of amendment intended to be proposed by TIONS TRAVEL ALLOWANCES.—Not later than State and international broadcasting him to the bill S. 600, to authorize ap- 120 days after the date of enactment of this Act, the Secretary of State shall submit to activities for fiscal years 2006 and 2007, propriations for the Department of the appropriate congressional committees a for the Peace Corps for fiscal years 2006 State and international broadcasting report including the following: and 2007, for foreign assistance pro- activities for fiscal years 2006 and 2007, (1) The total the travel allowances for the grams for fiscal years 2006 and 2007, and for the Peace Corps for fiscal years 2006 past 3 calendar years, by conference and na- for other purposes; which was ordered and 2007, for foreign assistance pro- tion, including meals, lodging, travel, and re- to lie on the table; as follows: grams for fiscal years 2006 and 2007, and lated expenses, paid by the United Nations and member states and non-governmental On page 59, between lines 4 and 5, insert for other purposes; which was ordered to lie on the table; as follows: organizations for delegates and experts to all the following: worldwide conferences under the auspices of, SEC. 405. RENOVATION OF UNITED NATIONS On page 220, between lines 23 and 24, insert or affiliated with, the United Nations. BUILDING IN NEW YORK CITY. the following: (2) A description of the means by which the (a) IN GENERAL.—Notwithstanding any (8) The United Nations Children’s Fund, amount and distribution of such travel al- other provision of law, no Federal funds shall Maranatha Chapel, the Woodrow Wilson lowances are determined. be used to process any acceptance of the International Center for Scholars, reports (3) A description of the means by which offer of a loan for $1,200,000,000 at 5.5 percent from international human rights organiza- such travel allowance costs are assigned for interest, or any other loan amount at any tions, including Human Rights Watch’s 1997 payment by member states and nongovern- other interest rate, for the renovation of the report, ‘‘The Scars of Death: Children Ab- mental organizations to United Nations or United Nations building in New York, New ducted by the Lord’s Resistance Army in directly to the delegates and experts. York, until the Secretary of State certifies Uganda’’, and Amnesty International’s 1997 (4) Recommendations for policies, pro- the falsehood of reports from approximately report, ‘‘UGANDA: BREAKING GOD’S COM- grams, and strategies of the United States 6 renovation experts with particular experi- MANDS: THE DESTRUCTION OF CHILD- Government to ensure that fiscal efficiency ence in the costs of renovating high-end fa- HOOD BY THE LORD’S RESISTANCE in such travel allowances is improved sub- cilities and structures in New York, New ARMY’’, the Department of Homeland Secu- stantially. York that the costs proposed by the United rity, the Department of State’s report On page 14, between lines 22 and 23, insert Nations for such renovation is above com- ‘‘COUNTRY REPORTS ON HUMAN RIGHTS the following: mercial, fair market prices. PRACTICES–2000’’, and others have identi- (d) REPORT ON ALLEGED DIVERSION OF IN- (b) ADDITIONAL OFFERS.—In examining fied an international crisis involving a group TENDED MIGRATION AND REFUGEE ASSIST- such reports of severely inflated cost esti- named the Lord’s Resistance Army, which is ANCE.— mates (some estimating charges in excess of active in northern Uganda and southern (1) IN GENERAL.—Not later than 120 days 200 percent of fair market value), the Sec- Sudan. after the date of the enactment of this Act, retary shall arrange a meeting of the Bureau (9) Since 1987, the Lord’s Resistance Army the Secretary, through the International Or- of International Organizations to discuss and has conducted a terror campaign against the ganizations Bureau of the Department of receive written offers for the renovation of people of Northern Uganda and Southern State, shall submit to the appropriate con- the United Nations building in New York, Sudan in an effort to overthrow the govern- gressional committees a report on the al- New York from not less than 12 different ren- ment of Uganda. The terror is still occurring leged diversion of funds intended for migra- ovation enterprises or experts. in 2005, with recent abductions of children tion and refugee assistance. and adults and mutilation of those abducted (2) CONTENT.—The report required under paragraph (1) shall contain— SA 305. Mr. INHOFE submitted an through dismemberment. (A) for the previous three calendar years, a amendment intended to be proposed by On page 221, line 8, insert ‘‘the atrocities committed by the Lord’s Resistance Army breakdown of the total expenses of the him to the bill S. 600, to authorize ap- and’’ after ‘‘combat’’. United States, nongovernmental organiza- propriations for the Department of On page 222, line 21, strike ‘‘abuses and to’’ tions, the United Nations High Commis- State and international broadcasting and all that follows through line 22, and in- sioner for Refugees, and world food aid pro- activities for fiscal years 2006 and 2007, sert ‘‘abuses, with specific attention to the grams incurred in providing assistance to for the Peace Corps for fiscal years 2006 atrocities committed by the Lord’s Resist- the Saharawis and all refugees from Rwanda and 2007, for foreign assistance pro- ance Army, and to increase independent judi- to Uganda and the Sudan; grams for fiscal years 2006 and 2007, and cial capacity in Sudan, Burundi,’’. (B) a description of the intended purposes On page 22, after line 24, add the following: of such assistance; for other purposes; which was ordered (d) REPORT ON LORD’S RESISTANCE ARMY (C) a review of the allegations, found in to lie on the table; as follows: OPERATIONS IN NORTHERN UGANDA.—Not later European, Moroccan, and other press outlets On page 59, between lines 4 and 5, insert than 120 days after the date of enactment of and reported by French, Scandinavian, and the following: this Act, the Secretary of State, through the other nongovernmental organizations, of the SEC. 405. REPORT TO CONGRESS ON UNITED NA- International Organizations Bureau of the diversion of such funds to other purposes, in- TIONS DOUBLE-DIPPING. Department of State, shall submit a report cluding to the black markets in Algeria and Not later than 120 days after the date of to Congress that contains an analysis of— Mauritania; the enactment of this Act, the Secretary, (1) the effect the guerilla type warfare de- (D) an analysis of any possibility for cost through the International Organizations Bu- scribed in subsection (a)(8) has had both savings resulting from the prevention of any reau of the Department of State, shall sub- physically and psychologically on the people such diversion; mit a report, to the appropriate congres- of the region; (E) an analysis of how many lives could be sional committees and to United States Sen- (2) action that could be taken by the inter- saved and improved by the prevention of any ator James Inhofe, that contains— national community, or by the United such diversion; and (1) for the most recent 3 calendar years, a States, with Uganda to end this terror on the (F) recommendations for policies, pro- breakdown of any and all monies paid con- Acholi people; grams, and strategies of the United States currently by the United Nations to individ- (3) the reasons that so little has been done Government to prevent any such diversion. uals in multiple capacities (commonly by the international community to address On page 15, after line 22, add the following: known as ‘‘double-dipping’’); this situation; and SEC. 107. PROMOTION OF INTERNATIONAL (2) a description of the means by which the (4) the action taken by United Nations TAXES, TARIFFS, OR FEES. Nothing in this subtitle shall be construed decision to pay such monies are determined; agencies and nongovernmental organizations to authorize the appropriation of funds for (3) a description of the means by which to relieve this crisis. the Department of State to promote or in such costs are assigned for payment to the any way advocate for international taxes, United Nations by member states and non- SA 307. Mr. INHOFE submitted an tariffs, or fees. governmental organizations; amendment intended to be proposed by him to the bill S. 600, to authorize ap- On page 55, line 6, strike ‘‘Section’’ and in- (4) an analysis of any possibility for cost sert the following: savings resulting from the elimination of the propriations for the Department of (a) AMENDMENT.—Section practice of ‘‘double-dipping’’; State and international broadcasting On page 55, between lines 11 and 12, insert (5) an analysis of any possible disincentives activities for fiscal years 2006 and 2007, the following: that can result from paying 2 or more rev- for the Peach Corps for fiscal years 2006 (b) CALCULATION; DIRECT PAYMENTS.— enue streams or salaries to an individual at and 2007, for foreign assistance pro- (1) CALCULATION.—The United States shall once, including the United Nations Mission pay its share for United Nations Peace- to Eritrea and Ethiopia; and grams for fiscal years 2006 and 2007, and keepers, pursuant to the amendment made (6) recommendations for Federal policies, for other purposes; which was ordered by subsection (a), as calculated at such pre- programs, and strategies to ensure that fis- to lie on the table; as follows: vailing wage as military and civilian per- cal efficiency is achieved regarding ‘‘double- On page 13, between lines 9 and 10, insert sonnel are paid in their respective member dipping’’. the following: states.

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(2) DIRECT PAYMENTS TO PEACEKEEPERS.— (2) a description of the means by which the mission to prevent terrorism and assist the The United States’ share of the payments de- decision to pay such monies are determined; emergency responder community. The scribed in paragraph (1)— (3) a description of the means by which NMIPT provides a neutral forum for discus- (A) shall be paid directly to the military such costs are assigned for payment to the sion of the issues associated with combating and civilian personnel engaged in peace- United Nations by member states and non- terrorism and provides an excellent setting keeping operations; and governmental organizations; for a world-class library of resources related (B) shall not be paid to the member states, (4) an analysis of any possibility for cost to terrorism. The NMIPT sponsors and works some of which— savings resulting from the elimination of the with partners to explore counterterrorism (i) have profiteered from peacekeeping op- practice of ‘‘double-dipping’’; research. One of the most important func- erations; or (5) an analysis of any possible disincentives tions the NMIPT performs is to provide a (ii) have been derelict in payment of its that can result from paying 2 or more rev- means for emergency first responders to military and civilian personnel engaged in enue streams or salaries to an individual at share information, the foundation of which peacekeeping operations. once, including the United Nations Mission information sharing effort is a manual of les- On page 58, between lines 13 and 14, insert to Eritrea and Ethiopia; sons learned by first responders. the following: (6) recommendations for Federal policies, On page 220, between lines 23 and 24, insert (7) The United Nations has experienced a programs, and strategies to ensure that fis- the following: proliferation of committees that perform es- cal efficiency is achieved regarding ‘‘double- (8) The United Nations Children’s Fund, sentially the same functions. dipping’’. Maranatha Chapel, the Woodrow Wilson On page 58, line 18, strike ‘‘and’’. International Center for Scholars, reports On page 59, line 4, strike the period at the SEC. 406. RENOVATION OF UNITED NATIONS BUILDING IN NEW YORK CITY. from international human rights organiza- end and insert ‘‘; and’’ On page 59, between lines 4 and 5, insert (a) IN GENERAL.—Notwithstanding any tions, including Human Rights Watch’s 1997 the following: other provision of law, no Federal funds shall report, ‘‘The Scars of Death: Children Ab- (3) the Secretary should instruct any be used to process any acceptance of the ducted by the Lord’s Resistance Army in United States representative to the United offer of a loan for $1,200,000,000 at 5.5 percent Uganda’’, and Amnesty International’s 1997 Nations to use the voice and vote of the interest, or any other loan amount at any report, ‘‘UGANDA: BREAKING GOD’S COM- United States to seek to enact significant other interest rate, for the renovation of the MANDS: THE DESTRUCTION OF CHILD- and necessary changes to improve the ac- United Nations building in New York, New HOOD BY THE LORD’S RESISTANCE countability, increase the transparency, and York, until the Secretary of State certifies ARMY’’, the Department of Homeland Secu- streamline the functioning of the United Na- the falsehood of reports from approximately rity, the Department of State’s report tions processes by seeking the elimination of 6 renovation experts with particular experi- ‘‘COUNTRY REPORTS ON HUMAN RIGHTS the Second and Third Committees of the ence in the costs of renovating high-end fa- PRACTICES–2000’’, and others have identi- United Nations. cilities and structures in New York, New fied an international crisis involving a group SEC. 405. REPORTS TO CONGRESS ON UNITED NA- York that the costs proposed by the United named the Lord’s Resistance Army, which is TIONS TRANSLATION EXPENSES AND Nations for such renovation is above com- active in northern Uganda and southern DOUBLE-DIPPING. mercial, fair market prices. Sudan. (a) UNITED NATIONS TRANSLATION EX- (b) ADDITIONAL OFFERS.—In examining (9) Since 1987, the Lord’s Resistance Army PENSES.—Not later than 120 days after the such reports of severely inflated cost esti- has conducted a terror campaign against the date of the enactment of this Act, the Sec- mates (some estimating charges in excess of people of Northern Uganda and Southern retary, through the International Organiza- 200 percent of fair market value), the Sec- Sudan in an effort to overthrow the govern- tions Bureau of the Department of State, retary shall arrange a meeting of the Bureau ment of Uganda. The terror is still occurring shall submit a report to Congress that con- of International Organizations to discuss and in 2005, with recent abductions of children tains— receive written offers for the renovation of and adults and mutilation of those abducted (1) for the most recent 3 calendar years, a the United Nations building in New York, through dismemberment. breakdown of the total of the translation ex- New York from not less than 12 different ren- On page 221, line 8, insert ‘‘the atrocities penses of the United Nations paid by the ovation enterprises or experts. committed by the Lord’s Resistance Army United Nations and member states and non- On page 119, strike lines 8 through 21, and and’’ after ‘‘combat’’. governmental organizations; insert the following: On page 222, line 21, strike ‘‘abuses and to’’ (2) a description of the means by which the SEC. 2106. REMOVAL OF IRAQ FROM LIST OF and all that follows through line 22, and in- amount and distribution of such translation COUNTRIES DENIED ASSISTANCE sert ‘‘abuses, with specific attention to the work are determined; UNDER TITLE III OF FOREIGN AS- atrocities committed by the Lord’s Resist- (3) a description of the means by which SISTANCE ACT OF 1961. ance Army, and to increase independent judi- such translation costs are assigned for pay- Section 307(a) of the Foreign Assistance cial capacity in Sudan, Burundi,’’. ment by member states and non-govern- Act of 1961 (22 U.S.C. 2227(a)) is amended by On page 22, after line 24, add the following: mental organizations to United Nations; striking ‘‘Iraq,’’. Section 307(a) of the For- (d) REPORT ON LORD’S RESISTANCE ARMY (4) an analysis of any possibility for cost eign Assistance Act of 1961 (22 U.S.C. 2227(a)) OPERATIONS IN NORTHERN UGANDA.—Not later savings resulting from translation into a is amended by striking ‘‘Iraq,’’. than 120 days after the date of enactment of particular languages being performed in the On page 123, line 10, strike ‘‘$680,735,000’’ this Act, the Secretary of State, through the nation or nations where such language is and insert ‘‘$678,705,000’’. International Organizations Bureau of the On page 138, line 21, strike ‘‘Section’’ and autochthonous; Department of State, shall submit a report insert the following: (5) an analysis of any cost savings possible to Congress that contains an analysis of— (a) IN GENERAL.—Section by paying translators the prevailing wage for (1) the effect the guerilla type warfare de- On page 139, between lines 3 and 4, insert such work as is paid in the nation or nations scribed in subsection (a)(8) has had both the following: where such language is autochthonous; physically and psychologically on the people (b) SENSE OF THE SENATE.—It is the Sense (6) an analysis of any possibility for cost of the region; savings resulting from translation into a of the Senate that regularly scheduled dues (2) action that could be taken by the inter- more refined, smaller set of languages for of the United States to the United Nations national community, or by the United any possible purposes and occasions, as such for its share of peacekeeping funding shall States, with Uganda to end this terror on the analogous initiative has been suggested for not be paid by emergency, ‘‘off-budget’’ ap- Acholi people; the translation work performed for the Euro- propriations. (3) the reasons that so little has been done pean Union; and On page 143, line 17, strike ‘‘$18,850,000’’ and by the international community to address (7) recommendations for policies, pro- insert ‘‘$20,850,000’’. this situation; grams, and strategies of the United States On page 187, between lines 14 and 15, insert (4) the action taken by United Nations Government to ensure that fiscal efficiency the following: agencies and nongovernmental organizations in such translation expenses is improved sub- (c) NATIONAL MEMORIAL INSTITUTE FOR THE to relieve this crisis. stantially. PREVENTION OF TERRORISM.— On page 266, between lines 8 and line, in- (b) DOUBLE-DIPPING.—Not later than 120 (1) IN GENERAL.—The Secretary shall— days after the date of the enactment of this (A) contract with the National Memorial sert the following: Act, the Secretary, through the Inter- Institute for the Prevention of Terrorism SEC. 2736. SUSPENSION OF FUNDS. national Organizations Bureau of the De- (referred to in this subsection as the In any case in which there is credible evi- partment of State, shall submit a report to ‘‘NMIPT’’) to review national response plans dence of sexual exploitation and abuse in a the appropriate congressional committees and the training of first responders; and country by peacekeeping troops partici- and to United States Senator James Inhofe (B) make use of the expertise of the NMIPT pating in United Nations peacekeeping oper- that contains— in carrying out activities under subsection ations and the government of such country (1) for the most recent 3 calendar years, a (a). is not investigating or punishing such exploi- breakdown of any and all monies paid con- (2) FINDINGS.—Established in 1997 by Public tation and abuse, the United States shall currently by the United Nations to individ- Law 105–58, the NMIPT is a nonprofit non- suspend payment of peacekeeping funds to uals in multiple capacities (commonly governmental entity under section 501(c)(3) the United Nations in an amount propor- known as ‘‘double-dipping’’); of the Internal Revenue Code of 1986, with a tionate to the operations in that country

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3323 until the Secretary of State certifies to the TITLE XXIX—CURRENCY VALUATION the tariffs described in paragraph (1) for an appropriate congressional committees that SEC. 2901. NEGOTIATIONS REGARDING CUR- additional 180 days. If at the end of the 180- the United Nations peacekeepers are pros- RENCY VALUATION. day period the President determines that ecuted through the judicial systems of such (a) FINDINGS.—Congress makes the fol- China has developed and started actual im- country. lowing findings: plementation of a plan to revalue its cur- (1) The currency of the People’s Republic rency, the President may delay imposition of SA 308. Mr. SALAZAR proposed an of China, known as the yuan or renminbi, is the tariffs for an additional 12 months, so amendment to the bill S. 600, to au- artificially pegged at a level significantly that the People’s Republic of China shall thorize appropriations for the Depart- below its market value. Economists estimate have time to implement the plan. ment of State and international broad- the yuan to be undervalued by between 15 (4) NEGOTIATIONS.—Beginning on the date of enactment of this Act, the Secretary of casting activities for fiscal years 2006 percent and 40 percent or an average of 27.5 percent. the Treasury, in consultation with the and 2007, for the Peace Corps for fiscal United States Trade Representative, shall years 2006 and 2007, for foreign assist- (2) The undervaluation of the yuan pro- vides the People’s Republic of China with a begin negotiations with the People’s Repub- ance programs for fiscal years 2006 and significant trade advantage by making ex- lic of China to ensure that the People’s Re- 2007, and for other purposes; as follows: ports less expensive for foreign consumers public of China adopts a process that leads to At the end of title VIII, insert the fol- and by making foreign products more expen- a substantial upward currency revaluation lowing: sive for Chinese consumers. The effective re- within 180 days after the date of enactment of this Act. Because various Asian govern- SEC. 812. INTERNATIONAL POLICE TRAINING. sult is a significant subsidization of China’s ments have also been acquiring substantial (a) REQUIREMENTS FOR INSTRUCTORS.—Prior exports and a virtual tariff on foreign im- foreign exchange reserves in an effort to pre- to carrying out any program of training for ports. vent appreciation of their currencies for pur- police or security forces through the Bureau (3) The Government of the People’s Repub- poses of gaining an unfair competitive ad- that begins after the date of the enactment lic of China has intervened in the foreign ex- vantage in international trade, and because of this Act, the Secretary shall ensure that— change markets to hold the value of the the People’s Republic of China has concerns (1) such training is provided by instructors yuan within an artificial trading range. Chi- about the value of those currencies, the Sec- who have proven records of experience in na’s foreign reserves are estimated to be over retary shall also seek to convene a multilat- training law enforcement or security per- $609,900,000,000 as of January 12, 2005, and eral summit to discuss exchange rates with sonnel; have increased by over $206,700,000,000 in the representatives of various Asian govern- (2) the Bureau has established procedures last 12 months. ments and other interested parties, including to ensure that the individual who receive (4) China’s undervalued currency, China’s representatives of other G–7 nations. such training— trade advantage from that undervaluation, (A) do not have a criminal background; and the Chinese Government’s intervention in the value of its currency violates the spir- SA 310. Mr. WARNER submitted an (B) are not connected to any criminal or amendment intended to be proposed by insurgent group; it and letter of the world trading system of (C) are not connected to drug traffickers; which the People’s Republic of China is now him to the bill S. 600, to authorize ap- and a member. propriations for the Department of (D) meet the minimum age and experience (5) The Government of the People’s Repub- State and international broadcasting standards set out in appropriate inter- lic of China has failed to promptly address activities for fiscal years 2006 and 2007, national agreements; and concerns or to provide a definitive timetable for the Peace Corps for fiscal years 2006 (3) the Bureau has established procedures for resolution of these concerns raised by the and 2007, for foreign assistance pro- that— United States and the international commu- grams for fiscal years 2006 and 2007, and (A) clearly establish the standards an indi- nity regarding the value of its currency. for other purposes; which was ordered (6) Article XXI of the GATT 1994 (as de- vidual who will receive such training must to lie on the table; as follows: meet; fined in section 2(1)(B) of the Uruguay Round On page 274, beginning on line 21, strike (B) clearly establish the training courses Agreements Act (19 U.S.C. 3501(1)(B))) allows ‘‘Committees’’ and all that follows through that will permit the individual to meet such a member of the World Trade Organization ‘‘Representatives’’ on line 24 and insert the standards; and to take any action which it considers nec- essary for the protection of its essential se- following: ‘‘Committees on Foreign Rela- (C) provide for certification of an indi- tions, Armed Services, and Appropriations of vidual who meets such standards. curity interests. Protecting the United States manufacturing sector is essential to the Senate and the Committees on Inter- (b) ADVISORY BOARD.—The Secretary shall national Relations, Armed Services, and Ap- the interests of the United States. establish an advisory board of 10 experts to propriations of the House of Representa- (b) NEGOTIATIONS AND CERTIFICATION RE- advise the Bureau on issues related to cost tives’’. efficiency and professional efficacy of police GARDING THE CURRENCY VALUATION POLICY OF and security training programs. The board THE PEOPLE’S REPUBLIC OF CHINA.— SA 311. Mr. WARNER submitted an shall have not less than 5 members who are (1) IN GENERAL.—Notwithstanding the pro- amendment intended to be proposed by experienced United States law enforcement visions of title I of Public Law 106–286 (19 U.S.C. 2431 note), on and after the date that him to the bill S. 600, to authorize ap- personnel. propriations for the Department of (c) BUREAU DEFINED.—In this section, the is 180 days after the date of enactment of term ‘‘Bureau’’ means the Bureau of Inter- this Act, unless a certification described in State and international broadcasting national Narcotics and Law Enforcement Af- paragraph (2) has been made to Congress, in activities for fiscal years 2006 and 2007, fairs of the Department of State. addition to any other duty, there shall be for the Peace Corps for fiscal years 2006 (d) ANNUAL REPORT.—Not later than Sep- imposed a rate of duty of 27.5 percent ad va- and 2007, for foreign assistance pro- tember 30 of each fiscal year, the Secretary lorem on any article that is the growth, grams for fiscal years 2006 and 2007, and shall submit to Congress a report on the product, or manufacture of the People’s Re- for other purposes; which was ordered training for international police or security public of China, imported directly or indi- to lie on the table; as follows: rectly into the United States. forces conducted by the Bureau. Such report Beginning on page 212, strike line 14 and (2) CERTIFICATION.—The certification de- shall include the attrition rates of the in- all that follows through page 218, line 2, and scribed in this paragraph means a certifi- structors of such training and indicators of insert the following: job performance of such instructors. cation by the President to Congress that the ‘‘SEC. 403. (a) REPORT ON OBJECTIVES AND People’s Republic of China is no longer ac- NEGOTIATIONS.—Not later than April 15 of SA 309. Mr. SCHUMER (for himself, quiring foreign exchange reserves to prevent each year, the President shall submit to the Mr. GRAHAM, Mr. BAYH, Mr. BUNNING, the appreciation of the rate of exchange be- Speaker of the House of Representatives, the Mr. DODD, Mrs. DOLE, Mr. FEINGOLD, tween its currency and the United States Chairman of the Committee on Foreign Re- dollar for purposes of gaining an unfair com- Ms. STABENOW, Mr. KOHL, Mr. REID, Mr. lations of the Senate, and the Committee on petitive advantage in international trade. Armed Services of the Senate a report pre- DURBIN, Mr. DEWINE, Mr. BURR, Mr. The certification shall also include a deter- pared by the Secretary of State, in consulta- JOHNSON, and Ms. MIKULSKI) proposed mination that the currency of the People’s tion with the Secretary of Defense, the Sec- an amendment to the bill S. 600, to au- Republic of China has undergone a substan- retary of Energy, the Director of National thorize appropriations for the Depart- tial upward revaluation placing it at or near Intelligence, and the Chairman of the Joint ment of State and international broad- its fair market value. Chiefs of Staff, on the status of United casting activities for fiscal years 2006 (3) ALTERNATIVE CERTIFICATION.—If the States policy and actions with respect to and 2007, for the Peace Corps for fiscal President certifies to Congress 180 days after arms control, nonproliferation, and disar- years 2006 and 2007, for foreign assist- the date of enactment of this Act that the mament. Such report shall include— People’s Republic of China has made a good ‘‘(1) a detailed statement concerning the ance programs for fiscal years 2006 and faith effort to revalue its currency upward arms control, nonproliferation, and disar- 2007, and for other purposes; as follows: placing it at or near its fair market value, mament objectives of the executive branch On page 277, after line 8, add the following: the President may delay the imposition of of Government for the forthcoming year; and

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3324 CONGRESSIONAL RECORD — SENATE April 6, 2005 ‘‘(2) a detailed assessment of the status of try committing such a violation into compli- respect to Iran, as in effect on the date of the any ongoing arms control, nonproliferation, ance with those commitments; and enactment of this title, shall remain in ef- or disarmament negotiations, including a ‘‘(4) a specific identification, to the max- fect until the President certifies to the ap- comprehensive description of negotiations or imum extent practicable in unclassified propriate congressional committees that the other activities during the preceding year form, of each and every question that exists Government of Iran has permanently and and an appraisal of the status and prospects with respect to compliance by other coun- verifiably dismantled its weapons of mass for the forthcoming year. tries with arms control, nonproliferation, destruction programs and has committed to combating the proliferation of such weapons. ‘‘(b) REPORT ON COMPLIANCE.—Not later and disarmament agreements and other for- (b) NO EFFECT ON OTHER SANCTIONS RELAT- than April 15 of each year, the President mal commitments with the United States. ING TO SUPPORT FOR ACTS OF INTERNATIONAL shall submit to the Speaker of the House of ‘‘(c) CHEMICAL WEAPONS CONVENTION COM- TERRORISM.— Representatives, the Chairman of the Com- PLIANCE REPORT REQUIREMENT SATISFIED.— (1) IN GENERAL.—Notwithstanding a certifi- mittee on Foreign Relations of the Senate, The report submitted pursuant to subsection (b) shall include the information required cation by the President under subsection (a), and the Committee on Armed Services of the United States sanctions, controls, and regu- Senate a report prepared by the Secretary of under section 2(10)(C) of Senate Resolution 75, 105th Congress, agreed to April 24, 1997, lations described in paragraph (2) as in effect State with the concurrence of the Director of on the date of the enactment of this title the Central Intelligence Agency and in con- advising and consenting to the ratification of the Convention on the Prohibition of De- shall remain in effect. sultation with the Secretary of Defense, the (2) COVERED SANCTIONS.—The sanctions, Secretary of Energy, and the Chairman of velopment, Production, Stockpiling and Use of Chemical Weapons and on Their Destruc- controls, and regulations referred to in para- the Joint Chiefs of Staff on the status of graph (1) are sanctions, controls, and regula- United States policy and actions with re- tion, with annexes, done at Paris January 13, 1993 and entered into force April 29, 1997 tions related to determinations under sec- spect to arms control, nonproliferation, and tion 6(j)(1)(A) of the Export Administration disarmament compliance. Such report shall (popularly known as the ‘Chemical Weapons Convention’; T.Doc. 103–21) Act of 1979 (as in effect pursuant to the include— International Emergency Economic Powers ‘‘(1) a detailed assessment of adherence of ‘‘(d) CLASSIFICATION OF REPORT.—The re- ports required by this section shall be sub- Act; 50 U.S.C. 1701 et seq.), section 620A(a) of the United States to obligations undertaken the Foreign Assistance Act of 1961 (22 U.S.C. in arms control, nonproliferation, and disar- mitted in unclassified form, with classified annexes, as appropriate. The report portions 2371(a)), and section 40(d) of the Arms Export mament agreements, including information Control Act (22 U.S.C. 2780(d)) regarding sup- on the policies and organization of each rel- described in paragraphs (2) and (3) of sub- section (b) shall summarize in detail, at port by the Government of Iran for acts of evant agency or department of the United international terrorism. States to ensure adherence to such obliga- least in classified annexes, the information, Subtitle B—Amendments to the Iran and tions, a description of national security pro- analysis, and conclusions relevant to pos- Libya Sanctions Act of 1996 grams with a direct bearing on questions of sible noncompliance by other countries that adherence to such obligations and of steps are provided by United States intelligence SEC. 2921. MULTILATERAL REGIME. being taken to ensure adherence, and a com- agencies. (a) REPORTS TO CONGRESS.—Section 4(b) of pilation of any substantive questions raised ‘‘(e) REPORTING CONSECUTIVE NONCOMPLI- the Iran and Libya Sanctions Act of 1996 (50 during the preceding year and any corrective ANCE.—If the President in consecutive re- U.S.C. 1701 note) is amended to read as fol- action taken; ports submitted to the Congress under sub- lows: ‘‘(b) REPORTS TO CONGRESS.—Not later than ‘‘(2) a detailed assessment of the adherence section (b) reports that any country is not in six months after the date of the enactment of other nations to obligations undertaken in full compliance with its binding non- of the Iran Freedom and Support Act of 2005 all arms control, nonproliferation, and disar- proliferation commitments to the United States, then the President shall include in and every six months thereafter, the Presi- mament agreements or commitments, in- dent shall submit to the appropriate congres- cluding the Missile Technology Control Re- the second such report an assessment of what actions are necessary to compensate sional committees a report regarding spe- gime, to which the United States is a partici- cific diplomatic efforts undertaken pursuant pating state, including information on ac- for such violations. ‘‘(f) ADDITIONAL REQUIREMENT.—Each re- to subsection (a), the results of those efforts, tions taken by each nation with regard to port required by subsection (b) shall include and a description of proposed diplomatic ef- the size, structure, and disposition of its a discussion of each significant issue de- forts pursuant to such subsection. Each re- military forces in order to comply with arms scribed in subsection (b)(4) that was con- port shall include— control, nonproliferation, or disarmament tained in a previous report issued under this ‘‘(1) a list of the countries that have agreed agreements or commitments, including, in section during 1995, or after December 31, to undertake measures to further the objec- the case of each agreement or commitment 1995, until the question or concern has been tives of section 3(a); about which compliance questions exist— resolved and such resolution has been re- ‘‘(2) a description of those measures, in- ‘‘(A) a description of each significant issue ported in detail to the Committee on Foreign cluding— raised and efforts made and contemplated Relations, the Committee on Armed Serv- ‘‘(A) government actions with respect to with the other participating state to seek ices, and the Select Committee on Intel- public or private entities (or their subsidi- resolution of the difficulty; ligence of the Senate and the Committee on aries) located in their countries that are en- ‘‘(B) an assessment of damage, if any, to International Relations, the Committee on gaged in business in Iran; United States security and other interests; Armed Services, and the Permanent Select ‘‘(B) any decisions by the governments of ‘‘(C) recommendations as to any steps that Committee on Intelligence of the House of such countries to rescind or continue the should be considered to redress any damage Representatives.’’. provision of credits, guarantees, or other to United States national security and to re- governmental assistance to such entities; duce compliance problems; and SA 312. Mr. SANTORUM submitted and ‘‘(D) for states that are not parties to such ‘‘(C) actions taken in international fora to agreements or commitments, a description an amendment intended to be proposed by him to the bill S. 600, to authorize further the objectives of section 3; of activities of concern carried out by such ‘‘(3) a list of the countries that have not states and efforts underway to bring such appropriations for the Department of agreed to undertake measures to further the states into adherence with such agreements State and international broadcasting objectives of section 3 with respect to Iran, or commitments; activities for fiscal years 2006 and 2007, and the reasons therefor; and ‘‘(3) a discussion of any material non- for the Peace Corps for fiscal years 2006 ‘‘(4) a description of any memorandums of compliance by foreign governments with and 2007, for foreign assistance pro- understanding, political understandings, or their binding commitments to the United grams for fiscal years 2006 and 2007, and international agreements to which the States with respect to the prevention of the United States has acceded which affect im- spread of nuclear explosive devices (as de- for other purposes; which was ordered to lie on the table; as follows: plementation of this section or section fined in section 830(4) of the Nuclear Pro- 5(a).’’. liferation Prevention Act of 1994 (22 U.S.C. On page 277, after line 8, add the following: (b) WAIVER.—Section 4(c) of such Act (50 6305(4)) by non-nuclear-weapon states (as de- TITLE XXIX—SUPPORT FOR TRANSITION U.S.C. 1701 note) is amended to read as fol- fined in section 830(5) of that Act (22 U.S.C. TO DEMOCRACY IN IRAN lows: 6305(5)) or the acquisition by such states of ‘‘(c) WAIVER.— SEC. 2901. SHORT TITLE. unsafeguarded special nuclear material (as ‘‘(1) IN GENERAL.—The President may, on a This title may be cited as the ‘‘Iran Free- defined in section 830(8) of that Act (22 U.S.C. case by case basis, waive for a period of not dom and Support Act of 2005’’. 6305(8)), including— more than six months the application of sec- ‘‘(A) a net assessment of the aggregate Subtitle A—Codification of Sanctions Against tion 5(a) with respect to a national of a coun- military significance of all such violations; Iran try, if the President certifies to the appro- ‘‘(B) a statement of the compliance policy SEC. 2911. CODIFICATION OF SANCTIONS. priate congressional committees at least 30 of the United States with respect to viola- (a) CODIFICATION OF SANCTIONS RELATED TO days before such waiver is to take effect tions of those commitments; and WEAPONS OF MASS DESTRUCTION.—United that— ‘‘(C) what actions, if any, the President has States sanctions, controls, and regulations ‘‘(A) such waiver is vital to the national taken or proposes to take to bring any coun- relating to weapons of mass destruction with security of the United States; and

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‘‘(B) the country of the national has under- ‘‘(3) PUBLICATION.—Not later than 10 days (5) Following the seizure of the United taken substantial measures to prevent the after the President notifies the appropriate States Embassy, Ayatollah Ruhollah Kho- acquisition and development of weapons of congressional committees under paragraph meini, leader of the repressive revolutionary mass destruction by the Government of Iran. (2), the President shall ensure publication in movement in Iran, expressed support for the ‘‘(2) SUBSEQUENT RENEWAL OF WAIVER.—If the Federal Register of— actions of the students in taking American the President determines that a renewal of a ‘‘(A) the identification of the persons citizens hostage. waiver is appropriate, the President may, at against which the President has made a de- (6) Despite the presidential election of May the conclusion of the period of a waiver termination that the imposition of sanctions 1997, an election in which an estimated 91 under paragraph (1), renew such waiver for a is appropriate, together with an explanation percent of the electorate participated, con- subsequent period of not more than six for such determination; and trol of the internal and external affairs of months.’’. ‘‘(B) the identification of the persons the Islamic Republic of Iran is still exercised SEC. 2922. IMPOSITION OF SANCTIONS. against which the President has made a de- by the courts in Iran and the Revolutionary (a) SANCTIONS WITH RESPECT TO DEVELOP- termination that the imposition of sanctions Guards, Supreme Leader, and Council of MENT OF PETROLEUM RESOURCES.—Section is not appropriate, together with an expla- Guardians of the Government of Iran. 5(a) of the Iran and Libya Sanctions Act of nation for such determination.’’. (7) The election results of the May 1997 1996 (50 U.S.C. 1701 note) is amended— (e) EFFECTIVE DATE.—Sanctions imposed election and the high level of voter partici- (1) in the heading, by striking ‘‘TO IRAN’’ pursuant to the amendments made by this pation in that election demonstrate that the and inserting ‘‘TO THE DEVELOPMENT OF PE- section shall apply with respect to invest- people of Iran favor economic and political TROLEUM RESOURCES OF IRAN’’; ments made in Iran on or after the date of reforms and greater interaction with the (2) by striking ‘‘(6)’’ and inserting ‘‘(5)’’; the enactment of this title. United States and the Western world in gen- and SEC. 2923. TERMINATION OF SANCTIONS. eral. (3) by striking ‘‘with actual knowledge,’’. (a) REMOVAL OF LIBYA SANCTIONS.—Section (8) Efforts by the United States to improve (b) SANCTIONS WITH RESPECT TO DEVELOP- 8 of the Iran and Libya Sanctions Act 1996 (50 relations with Iran have been rebuffed by the MENT OF WEAPONS OF MASS DESTRUCTION OR U.S.C. 1701 note) is amended— Government of Iran. OTHER MILITARY CAPABILITIES.—Section 5(b) (1) in subsection (a), by striking the sub- (9) The Clinton Administration eased sanc- of such Act (50 U.S.C. 1701 note) is amended section designation and heading; and tions against Iran and promoted people-to- to read as follows: (2) by striking subsection (b). people exchanges, but the Leader of the Is- ‘‘(b) MANDATORY SANCTIONS WITH RESPECT (b) ADDITIONAL CONDITION FOR REMOVAL OF lamic Revolution Ayatollah Ali Khamenei, TO DEVELOPMENT OF WEAPONS OF MASS DE- IRAN SANCTIONS.—Such section, as amended the Militant Clerics’ Society, the Islamic Co- STRUCTION OR OTHER MILITARY CAPABILI- by subsection (a), is further amended— alition Organization, and Supporters of the TIES.—Notwithstanding any other provision (1) in paragraph (1)(C), by striking ‘‘and’’ Party of God have all opposed efforts to open of law, the President shall impose two or at the end; Iranian society to Western influences and more of the sanctions described in para- (2) in paragraph (2), by striking the period have opposed efforts to change the dynamic graphs (1) through (5) of section 6 if the at the end and inserting ‘‘; and’’; and of relations between the United States and President determines that a person has, on (3) by adding at the end the following new Iran. or after the date of the enactment of the paragraph: (10) For the past two decades, the Depart- Iran Freedom and Support Act of 2005, ex- ‘‘(3) poses no threat to United States na- ment of State has found Iran to be the lead- ported, transferred, or otherwise provided to tional security, interests, or allies.’’. ing sponsor of international terrorism in the Iran any goods, services, technology, or SEC. 2924. SUNSET. world. other items the provision of which has con- Section 13 of the Iran and Libya Sanctions (11) In 1983, the Iran-sponsored Hezbollah tributed to the ability of Iran to— Act of 1996 (50 U.S.C. 1701 note) is amended— terrorist organization conducted suicide ter- ‘‘(1) acquire or develop chemical, biologi- (1) in the section heading, by striking ‘‘; rorist operations against United States mili- cal, or nuclear weapons or related tech- SUNSET’’; tary and civilian personnel in Beirut, Leb- nologies; or (2) in subsection (a), by striking the sub- anon, resulting in the deaths of hundreds of ‘‘(2) acquire or develop destabilizing num- section designation and heading; and Americans. bers and types of advanced conventional (3) by striking subsection (b). (12) The United States intelligence commu- weapons.’’. nity and law enforcement personnel have SEC. 2925. CLARIFICATION AND EXPANSION OF (c) PERSONS AGAINST WHICH THE SANCTIONS DEFINITIONS. linked Iran to attacks against American ARE TO BE IMPOSED.—Section 5(c)(2) of such military personnel at Khobar Towers in (a) PERSON.—Section 14(14)(B) of the Iran Act (50 U.S.C. 1701 note) is amended— and Libya Sanctions Act of 1996 (50 U.S.C. Saudi Arabia in 1996 and to al Qaeda attacks (1) in subparagraph (B), by striking ‘‘or’’ at 1701 note) is amended— against civilians in Saudi Arabia in 2004. the end; (1) by inserting after ‘‘trust’’ the following: (13) According to the Department of (2) in subparagraph (C), by striking the pe- ‘‘, financial institution, insurer, underwriter, State’s Patterns of Global Terrorism 2001 re- riod at the end and inserting ‘‘; or’’; and re-insurer, guarantor’’; and port, ‘‘Iran’s Islamic Revolutionary Guard (3) by adding at the end the following new (2) by striking ‘‘operating as a business en- Corps and Ministry of Intelligence and Secu- subparagraph: terprise’’. rity continued to be involved in the planning ‘‘(D) is a private or government lender, in- and support of terrorist acts and supported a (b) PETROLEUM RESOURCES.—Section 14(15) surer, underwriter, re-insurer, or guarantor of the Iran and Libya Sanctions Act of 1996 variety of groups that use terrorism to pur- of the person referred to in paragraph (1) if (50 U.S.C. 1701 note) is amended by inserting sue their goals,’’ and ‘‘Iran continued to pro- that private or government lender, insurer, after ‘‘includes petroleum’’ the following: ‘‘, vide Lebanese Hizballah and the Palestinian underwriter, re-insurer, or guarantor, with petroleum by-products,’’. rejectionist groups—notably HAMAS, the actual knowledge, engaged in the activities Palestinian Islamic Jihad, and the [Popular referred to in paragraph (1).’’. Subtitle C—Democracy in Iran Front for the Liberation of Palestine-Gen- (d) INVESTIGATIONS.—Section 5 of such Act SEC. 2931. FINDINGS. eral Command]—with varying amounts of (50 U.S.C. 1701 note) is further amended by Congress makes the following findings: funding, safehaven, training and weapons.’’ adding at the end the following new sub- (1) The people of the United States have (14) Iran currently operates more than 10 section: long demonstrated an interest in the well- radio and television stations broadcasting in ‘‘(g) INVESTIGATIONS.— being of the people of Iran, dating back to Iraq that incite violent actions against ‘‘(1) IN GENERAL.—Upon public or private the 1830s. United States and coalition personnel in disclosure of activity related to investment (2) Famous Americans such as Howard Bas- Iraq. in Iran by a person, the President shall di- kerville, Dr. Samuel Martin, Jane E. Doo- (15) The current leaders of Iran, Ayatollah rect the Secretary of the Treasury to ini- little, and Louis G. Dreyfus, Jr., made sig- Ali Khamenei and Hashemi Rafsanjani, have tiate an investigation into the possible im- nificant contributions to Iranian society by repeatedly called upon Muslims to kill position of sanctions against such person as furthering the educational opportunities of Americans in Iraq and install a theocratic a result of such activity, to notify such per- the people of Iran and improving the oppor- regime in Iraq. son of such investigation, and to provide a tunities of the less fortunate citizens of Iran. (16) The Government of Iran has admitted recommendation to the President for such (3) Iran and the United States were allies pursuing a clandestine nuclear program, purposes. following World War II, and through the late which the United States intelligence com- ‘‘(2) DETERMINATION AND NOTIFICATION.— 1970s Iran was as an important regional ally munity believes may include a nuclear weap- Not later than 90 days after the date of the of the United States and a key bulwark ons program. disclosure of the activity described in para- against Soviet influence. (17) The Government of Iran has failed to graph (1), the President shall determine (4) In November 1979, following the arrival meet repeated pledges to arrest and extra- whether or not to impose sanctions against of Mohammed Reza Shah Pahlavi in the dite foreign terrorists in Iran. such person as a result of such activity and United States, a mob of students and ex- (18) The United States Government be- shall notify the appropriate congressional tremists seized the United States Embassy lieves that the Government of Iran supports committees of the basis for such determina- in Tehran, Iran, holding United States diplo- terrorists and extremist religious leaders in tion. matic personnel hostage until January 1981. Iraq with the clear intention of subverting

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3326 CONGRESSIONAL RECORD — SENATE April 6, 2005 coalition efforts to bring peace and democ- (2) representatives of the Government of United Nations offices in Geneva, Nairobi, racy to Iraq. Iran should be denied access to all United Rome, and Vienna, and, may not participate (19) The Ministry of Defense of Iran con- States Government buildings; in United Nations conferences on human firmed in July 2003 that it had successfully (3) efforts to bring a halt to the nuclear rights, racism, or other issues held in such conducted the final test of the Shahab-3 mis- weapons program of Iran, including steps to locations. sile, giving Iran an operational inter- end the supply of nuclear components or fuel (6) Membership in the Western European mediate-range ballistic missile capable of to Iran, should be intensified, with par- and Others Group includes the non-European striking both Israel and United States troops ticular attention focused on the cooperation countries of Canada, Australia, and the throughout the Middle East and Afghani- regarding such program— United States. stan. (A) between the Government of Iran and (7) Israel is linked to the member states of SEC. 2932. DECLARATION OF CONGRESS REGARD- the Government of the Russian Federation; the Western European and Others Group by ING UNITED STATES POLICY TO- and strong economic, political, and cultural ties. WARD IRAN. (B) between the Government of Iran and (8) The Western European and Others Congress declares that it should be the pol- individuals from China, Malaysia, and Paki- Group, the only regional group of the United icy of the United States— stan, including the network of Dr. Abdul Nations that is not purely geographical, is (1) to support efforts by the people of Iran Qadeer (A. Q.) Khan; and comprised of countries that share a western to exercise self-determination over the form (4) officials and representatives of the democratic tradition. of government of their country; and United States should— (9) Israel is a free and democratic country (2) to actively support a national ref- (A) strongly and unequivocally support in- and its voting pattern in the United Nations erendum in Iran with oversight by inter- digenous efforts in Iran calling for free, is consistent with that of the member states national observers and monitors to certify transparent, and democratic elections; and of the Western European and Others Group. the integrity and fairness of the referendum. (B) draw international attention to viola- (b) SENSE OF CONGRESS.—It is the sense of SEC. 2933. ASSISTANCE TO SUPPORT DEMOCRACY tions by the Government of Iran of human Congress that— IN IRAN. rights, freedom of religion, freedom of as- (1) the President should direct the United (a) AUTHORIZATION.—The President is au- sembly, and freedom of the press. States Permanent Representative to the thorized, notwithstanding any other provi- (g) AUTHORIZATION OF APPROPRIATIONS.— United Nations to seek an immediate end to sion of law, to provide financial and political There is authorized to be appropriated to the the persistent and deplorable inequality ex- assistance (including the award of grants) to Department of State $10,000,000 to carry out perienced by Israel in the United Nations; foreign and domestic individuals, organiza- activities under this section. (2) Israel should be afforded the benefits of tions, and entities that support democracy SEC. 2934. REPORTING REQUIREMENT REGARD- full membership in the Western European and the promotion of democracy in Iran. ING DESIGNATION OF DEMOCRATIC and Others Group at the United Nations and Such assistance may include the award of OPPOSITION ORGANIZATIONS. such membership would permit Israel to par- grants to eligible independent pro-democ- Not later than 15 days before designating a ticipate fully in the United Nations system racy radio and television broadcasting orga- democratic opposition organization as eligi- and would serve the interests of the United nizations that broadcast into Iran. ble to receive assistance under section 2932, States; and (b) SENSE OF CONGRESS ON ELIGIBILITY FOR the President shall notify the appropriate (3) the Secretary should submit to Con- ASSISTANCE.—It is the sense of Congress that congressional committees and the Commit- gress, on a regular basis, a report that de- financial and political assistance under this tees on Appropriations of the Senate and the scribes actions taken by the United States section be provided to an individual, organi- House of Representatives of the proposed Government to encourage the member states zation, or entity that— designation. The notification may be in clas- of the Western European and Others Group (1) opposes the use of terrorism; sified form. to accept Israel as a full member of such (2) advocates the adherence by Iran to non- Group and the responses of such member proliferation regimes for nuclear, chemical, SA 313. Mr. DAYTON submitted an states to those actions. and biological weapons and materiel; amendment intended to be proposed by (3) is dedicated to democratic values and him to the bill S. 600, to authorize ap- SA 314. Mr. FEINGOLD submitted an supports the adoption of a democratic form propriations for the Department of amendment intended to be proposed by of government in Iran; State and international broadcasting him to the bill S. 600, to authorize ap- (4) is dedicated to respect for human activities for fiscal years 2006 and 2007, propriations for the Department of rights, including the fundamental equality of for the Peace Corps for fiscal years 2006 State and international broadcasting women; activities for fiscal years 2006 and 2007, (5) works to establish equality of oppor- and 2007, for foreign assistance pro- grams for fiscal years 2006 and 2007, and for the Peace Corps for fiscal years 2006 tunity for people; and and 2007, for foreign assistance pro- (6) supports freedom of the press, freedom for other purposes; which was ordered of speech, freedom of association, and free- to lie on the table; as follows: grams for fiscal years 2006 and 2007, and dom of religion. On page 110, between lines 4 and 5, insert for other purposes; which was ordered (c) FUNDING.—The President may provide the following: to lie on the table; as follows: assistance under this section using amounts SEC. 812. SENSE OF CONGRESS ON MEMBERSHIP At the end of title VIII, insert the fol- made available pursuant to the authoriza- OF ISRAEL IN THE WESTERN EURO- lowing: tion of appropriations under subsection (g). PEAN AND OTHERS GROUP AT THE SEC. 812. ASSESSMENTS AND STRATEGIC PLAN- (d) NOTIFICATION.—Not later than 15 days UNITED NATIONS. NING FOR AIDS RELIEF. before each obligation of assistance under (a) FINDINGS.—Congress makes the fol- (a) ASSESSMENTS.— this section, and in accordance with the pro- lowing findings: (1) REQUIREMENT.—Not later than 90 days cedures under section 634A of the Foreign (1) The election of member states of the after the date of the enactment of this Act, Assistance Act of 1961 (22 U.S.C. 2394–l), the United Nations to the major bodies of the the Coordinator of United States Govern- President shall notify the appropriate con- United Nations is determined by groups or- ment Activities to Combat HIV/AIDS Glob- gressional committees and the Committees ganized within the United Nations, most of ally shall carry out an assessment of health on Appropriations of the Senate and the which are organized on a regional basis. sector workforce capacity in each of the House of Representatives. (2) Israel has been refused admission to the countries described in section (e) SENSE OF CONGRESS REGARDING COORDI- group comprised of member states from the 1(f)(2)(B)(ii)(VII) of the State Department NATION OF POLICY AND APPOINTMENT.—It is Asian geographical region of the United Na- Basic Authorities Act of 1956 (22 U.S.C. the sense of Congress that in order to ensure tions and is the only member state of the 2651a(f)(2)(B)(ii)(VII)). Each such assessment maximum coordination among Federal agen- United Nations that remains outside its ap- shall include a description of— cies, if the President provides the assistance propriate geographical region, and is thus (A) the health sector workforce capacity under this section, the President should ap- denied full participation in the day-to-day required by the country to reach the goals of point an individual who shall— work of the United Nations. the United States Leadership Against HIV/ (1) serve as special assistant to the Presi- (3) On May 30, 2000, Israel accepted an invi- AIDS, Tuberculosis, and Malaria Act of 2003 dent on matters relating to Iran; and tation to become a temporary member of the (22 U.S.C. 7601 et seq.) by 2008; and (2) coordinate among the appropriate di- Western European and Others Group of the (B) the health sector human resources re- rectors of the National Security Council on United Nations. quired to meet internationally recognized issues regarding such matters. (4) On May 21, 2004, Israel’s membership to goals related to infectious disease prevention (f) SENSE OF CONGRESS REGARDING DIPLO- the Western European and Others Group was and the promotion of maternal and child MATIC ASSISTANCE.—It is the sense of Con- extended indefinitely. health. gress that— (5) Israel is only allowed to participate in (2) REPORT.—Not later than 180 days after (1) support for a transition to democracy in limited activities of the Western European the date of the enactment of this Act, the Iran should be expressed by United States and Others Group in the New York office of Coordinator shall submit to the appropriate representatives and officials in all appro- the United Nations, is excluded from discus- congressional committees the assessments priate international fora; sions and consultations of the Group at the required by paragraph (1).

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3327 (b) STRATEGIC PLAN.— from abusing the asylum laws of the ‘‘SEC. . UN HEADQUARTERS RENOVATION. (1) REQUIREMENT.—The Coordinator of United States, to unify terrorism-re- (a) LIMITATION.—Notwithstanding any United States Government Activities to lated grounds for inadmissibility and other provision of law, no loan in excess of $600,000,000 may be made available by the Combat HIV/AIDS Globally shall, in con- removal, to ensure expeditious con- sultation with national governments and United States for renovation of the United international donors, propose a strategic struction of the San Diego border Nations headquarters building, located in plan for each of the countries described in fence, and for other purposes; which New York, New York. subsection (a)(1) to improve the health sec- was referred to the Committee on Ap- (b) REPORTING REQUIREMENT.—Any such tor workforce capacity of each such country propriations; as follows: loan shall be contingent upon the satisfac- tory submission, by the Secretary-General of to enable each such country to meet the At the appropriate place, insert the fol- the United Nations, of a report to Congress goals of the United States Leadership lowing: Against HIV/AIDS, Tuberculosis, and Ma- containing a detailed analysis of the United SEC. ll. REPEAL OF REQUIREMENT OF REDUC- Nations headquarters renovation. laria Act of 2003 that are related to disease TION OF SBP SURVIVOR ANNUITIES prevention, care, and treatment without di- BY DEPENDENCY AND INDEMNITY SA 318. Mr. DODD (for himself and verting health care personnel from other pri- COMPENSATION. Mr. LIEBERMAN) proposed an amend- mary health priorities. Each such plan (a) REPEAL.—Subchapter II of chapter 73 of should include a description of initiatives title 10, United States Code is amended— ment to the bill S. 600, to authorize ap- that could be carried out in the country to— (1) in section 1450(c)(1), by inserting after propriations for the Department of (A) retain health care staff; ‘‘to whom section 1448 of this title applies’’ State and international broadcasting (B) recruit and train health care workers; the following: ‘‘(except in the case of a death activities for fiscal years 2006 and 2007, (C) strengthen public health infrastruc- as described in subsection (d) or (f) of such for the Peace Corps for fiscal years 2006 ture; and section)’’; and and 2007, for foreign assistance pro- (D) extend services related to HIV/AIDS to (2) in section 1451(c)— grams for fiscal years 2006 and 2007, and under served areas. (A) by striking paragraph (2); and for other purposes; as follows: (2) REPORT.—Not later than 180 days after (B) by redesignating paragraphs (3) and (4) the date of the enactment of this Act, the as paragraphs (2) and (3), respectively. At the end of subtitle B of title XXII, add Coordinator shall submit to the appropriate (b) PROHIBITION ON RETROACTIVE BENE- the following: congressional committees the strategic FITS.—No benefits may be paid to any person SEC. 2239. APPLICABILITY OF ARMS EXPORT CON- plans required by paragraph (1). for any period before the effective date pro- TROL ACT REQUIREMENTS TO VHXX EXECUTIVE HELICOPTER PROGRAM. vided under subsection (e) by reason of the (a) TREATMENT AS COOPERATIVE PROJECT.— SA 315. Mr. NELSON of Florida sub- amendments made by subsection (a). The VHXX Executive Helicopter Program (c) PROHIBITION ON RECOUPMENT OF CERTAIN mitted an amendment intended to be (also known as the Marine One Presidential AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- proposed by him to the bill H.R. 1268, Helicopter Program) shall be treated as a co- CIPIENTS.—A surviving spouse who is or has Making emergency supplemental ap- operative project for purposes of the Arms been in receipt of an annuity under the Sur- propriations for the fiscal year ending Export Control Act (22 U.S.C. 2751 et seq.) as vivor Benefit Plan under subchapter II of authorized under section 27 of that Act (22 September 30, 2005, to establish and chapter 73 of title 10, United States Code, U.S.C. 2767). rapidly implement regulations for that is in effect before the effective date pro- (b) LICENSING AND NOTICE REQUIREMENTS.— State driver’s license and identifica- vided under subsection (e) and that is ad- (1) IN GENERAL.—Any licensing and notice tion document security standards, to justed by reason of the amendments made by to Congress requirements that apply to the prevent terrorists from abusing the subsection (a) and who has received a refund sale of defense articles and services under asylum laws of the United States, to of retired pay under section 1450(e) of title the Arms Export Control Act shall apply to unify terrorism-related grounds for in- 10, United States Code, shall not be required any foreign production (including the export admissibility and removal, to ensure to repay such refund to the United States. of technical data related thereto) under the (d) RECONSIDERATION OF OPTIONAL ANNU- expeditious construction of the San VHXX Executive Helicopter Program with- ITY.—Section 1448(d)(2) of title 10, United out regard to any dollar threshold or limita- Diego border fence, and for other pur- States Code, is amended by adding at the end poses; which was referred to the Com- tion that would otherwise limit the applica- the following new sentences: ‘‘The surviving bility of such requirements to such produc- mittee on Appropriations; as follows: spouse, however, may elect to terminate an tion under that Act. annuity under this subparagraph in accord- At the appropriate place, insert the fol- (2) NOTICE TO CONGRESS.—Notwithstanding lowing: ance with regulations prescribed by the Sec- the treatment of the VHXX Executive Heli- SEC. ll. SECOND SUPPLIER TO THE ARMY OF retary concerned. Upon such an election, copter Program as a cooperative project for SECURE TYPE–1 MULTI-BAND, HAND- payment of an annuity to dependent children purposes of the Arms Export Control Act HELD RADIO SYSTEMS. under this subparagraph shall terminate ef- under subsection (a), section 27(g) of that (a) IDENTIFICATION OF SECOND SUPPLIER.— fective on the first day of the first month Act (22 U.S.C. 2767(g)) shall not be applicable (1) The Secretary of the Army shall identify that begins after the date on which the Sec- to the program, and the notice requirements a person or entity who, as of September 15, retary concerned receives notice of the elec- of subsections (b) and (c) of section 36 of that 2005, has the capacity to act as an inde- tion, and, beginning on that day, an annuity Act (22 U.S.C. 2776) shall be complied with in pendent second supplier to the Army of se- shall be paid to the surviving spouse under the issuance of any letters of offer or li- cure type–1 multi-band, hand-held radio sys- paragraph (1) instead.’’. censes for the program as required by para- tems. (e) EFFECTIVE DATE.—The amendments graph (1). (2) Any person or entity identified under made by this section shall take effect on the (c) LIMITATION ON ISSUANCE OF LICENSES.— paragraph (1) shall have the capacity to ful- later of— No license may be issued under the Arms Ex- fill any requirements applicable to the accel- (1) the first day of the first month that be- port Control Act for any portion of the erated fielding of Joint Tactical Radio Sys- gins after the date of the enactment of this VHXX Executive Helicopter Program, in- tem (JTRS) technology. Act; or cluding research and development and the (b) REPORT ON PLAN TO CONTRACT WITH (2) the first day of the fiscal year that be- sharing of technical data relating to the pro- SECOND SUPPLIER.—Not later than November gins in the calendar year in which this Act is gram, until each participant in the program 15, 2005, the Secretary shall submit to the enacted. agrees, in writing, not to enter into any con- congressional defense committees a report SEC. ll. EFFECTIVE DATE FOR PAID-UP COV- tract, or otherwise do any business, with any setting forth the plans of the Secretary to ERAGE UNDER SURVIVOR BENEFIT party who is subject to the jurisdiction of a enter into a contract with the person or enti- PLAN. country that supports international ter- ty identified under subsection (a) for the sup- Section 1452(j) of title 10, United States rorism for five years after the date of the ply to the Army of secure type–1 multi-band, Code, is amended by striking ‘‘October 1, completion of the participation of such par- hand-held radio systems. 2008’’ and inserting ‘‘October 1, 2005’’. ticipant in the program. (d) COUNTRY THAT SUPPORTS INTER- SA 316. Mr. NELSON of Florida (for SA 317. Mr. SESSIONS submitted an NATIONAL TERRORISM DEFINED.—In this sec- himself and Mr. CORZINE) submitted an amendment intended to be proposed by tion, the term ‘‘country that supports inter- amendment intended to be proposed by him to the bill S. 600, to authorize ap- national terrorism’’ means any country him to the bill H.R. 1268, Making emer- propriations for the Department of whose government has repeatedly provided gency supplemental appropriations for State and International broadcasting support for acts of international terrorism the fiscal year ending September 30, activities for fiscal years 2006 and 2007, for purposes of either of the provisions of law as follows: 2005, to establish and rapidly imple- for the Peace Corps for fiscal years 2006 (1) Section 6(j) of the Export Administra- ment regulations for State driver’s li- and 2007, for foreign assistance pro- tion Act of 1979 (50 U.S.C. App. 2405(j)). cense and identification document se- grams for fiscal years 2006 and 2007, and (2) Section 620A of the Foreign Assistance curity standards, to prevent terrorists for other purposes; as follows: Act of 1961 (22 U.S.C. 2371).

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3328 CONGRESSIONAL RECORD — SENATE April 6, 2005 SA 319. Mr. ENSIGN proposed an the meaning given the term in section 4 of (7) independent journalists; amendment to the bill S. 600, to au- the Cuban Liberty and Democratic Soli- (8) independent youth organizations; thorize appropriations for the Depart- darity (LIBERTAD) Act of 1996 (22 U.S.C. (9) independent environmental groups; ment of State and international broad- 6023). (10) independent economists, medical doc- casting activities for fiscal years 2006 SEC. 2905. DESIGNATION OF COORDINATOR FOR tors, and other professionals; CUBA TRANSITION. (11) establishing and maintaining an infor- and 2007, for the Peace Corps for fiscal (a) IN GENERAL.—The Secretary of State mation and resources center to be in the years 2006 and 2007, for foreign assist- shall designate, within the Department of United States interests section in Havana, ance programs for fiscal years 2006 and State, a coordinator who shall be responsible Cuba; 2007, and for other purposes; as follows: for— (12) prodemocracy programs of the Na- At the end of the bill, add the following: (1) designing an overall strategy to coordi- tional Endowment for Democracy related to TITLE XXIX—PEACEFUL TRANSITION IN nate preparations for, and a response to, a Cuba; CUBA transition in Cuba; (13) nongovernmental programs to facili- (2) coordinating assistance provided to the tate access to the Internet, subject to sec- SEC. 2901. SHORT TITLE. Cuban people in preparation for a transition This title may be cited as the ‘‘Cuba Tran- tion 102(g) of the Cuban Liberty and Demo- in Cuba; sition Act of 2005’’. cratic Solidarity (LIBERTAD) Act of 1996 (22 (3) coordinating strategic support for the U.S.C. 6032(g)); SEC. 2902. FINDINGS. consolidation of a political and economic Congress makes the following findings: (14) nongovernmental charitable programs transition in Cuba; (1) The Cuban people are seeking change in that provide nutrition and basic medical (4) ensuring program and policy coordina- their country, including through the Varela care to persons most at risk, including chil- tion among agencies of the United States Project, independent journalist activity, and dren and elderly persons; and Government in carrying out the policies set other civil society initiatives. (15) nongovernmental charitable programs forth in this title; and (2) Civil society groups and independent, to reintegrate into civilian life persons who (5) pursuing coordination with other coun- self-employed Cuban citizens will be essen- have abandoned, resigned, or been expelled tial to the consolidation of a genuine and ef- tries and international organizations, includ- from the Cuban armed forces for ideological fective transition to democracy from an au- ing international financial institutions, with reasons. thoritarian, communist government in Cuba, respect to assisting a transition in Cuba. (b) DEFINITIONS.—In this section: (b) RANK AND STATUS OF THE TRANSITION and therefore merit increased international (1) INDEPENDENT NONGOVERNMENTAL ORGA- COORDINATOR.—The coordinator designated assistance. NIZATION.—The term ‘‘independent non- in subsection (a) shall have the rank and sta- (3) The people of the United States support governmental organization’’ means an orga- tus of ambassador. a policy of proactively helping the Cuban nization that the Secretary of State deter- people to establish a democratic system of SEC. 2906. MULTILATERAL INITIATIVES RELATED mines, not less than 15 days before any obli- TO CUBA. government, including supporting Cuban cit- gation of funds to the organization, is a The Secretary of State is authorized to izen efforts to prepare for transition to a bet- charitable or nonprofit nongovernmental or- designate up to $5,000,000 of total amounts ter and more prosperous future. ganization that is not an agency or instru- made available for contributions to inter- (4) The Inter-American Democratic Char- mentality of the Cuban Government. national organizations to be provided to the ter adopted by the General Assembly of the (2) ELIGIBLE CUBAN RECIPIENTS.—The term Organization of American States for— Organization of American States (OAS) pro- ‘‘eligible Cuban recipients’’ is limited to any (1) Inter-American Commission on Human vides both guidance and mechanisms for re- Cuban national in Cuba, including political Rights activities relating to the situation of sponse by OAS members to the governmental prisoners and their families, who are not of- human rights in Cuba; and transition in Cuba and that country’s even- ficials of the Cuban Government or of the (2) the funding of an OAS emergency fund tual reintegration into the inter-American ruling political party in Cuba, as defined in for the deployment of human rights observ- system. section 4(10) of the Cuban Liberty and Demo- ers, election support, and election observa- (5) United States Government support of cratic Solidarity (LIBERTAD) Act of 1996 (22 tion in Cuba as described in section 109(b) of pro-democracy elements in Cuba and plan- U.S.C. 6023(10)). the Cuban Liberty and Democratic Soli- ning for the transition in Cuba is essential SEC. 2909. SUPPORT FOR A TRANSITION GOVERN- darity (LIBERTAD) Act of 1996 (22 U.S.C. for the identification of resources and mech- MENT IN CUBA. 6039(b)(1)). anisms that can be made available imme- (a) AUTHORIZATION OF APPROPRIATIONS.—In diately in response to profound political and SEC. 2907. SENSE OF CONGRESS. addition to funds otherwise available for (a) SENSE OF CONGRESS REGARDING CON- economic changes on the island. such purposes, there are authorized to be ap- SULTATION WITH WESTERN HEMISPHERE.—It is (6) Consultations with democratic develop- propriated such sums as are necessary to the the sense of Congress that the President ment institutions and international develop- President to establish a fund to provide as- should begin consultation, as appropriate, ment agencies regarding Cuba are a critical sistance to a transition government in Cuba with governments of other Western Hemi- element in the preparation of an effective as defined in section 4(14) of the Cuban Lib- sphere countries regarding a transition in multilateral response to the transition in erty and Democratic Solidarity (LIBERTAD) Cuba. Cuba. Act of 1996 (22 U.S.C. 6023(14)). (b) SENSE OF CONGRESS REGARDING OTHER ESIGNATION OF UND SEC. 2903. PURPOSES. (b) D F .—The fund au- CONSULTATIONS.—It is the sense of Congress thorized in subsection (a) shall be known as The purposes of this title are as follows: that the President should begin consulta- (1) To support multilateral efforts by the the ‘‘Fund for a Free Cuba’’. tions with appropriate international part- (c) AVAILABILITY OF FUNDS.—Amounts ap- countries of the Western Hemisphere in plan- ners and governments regarding a multilat- propriated pursuant to subsection (a) are au- ning for a transition of the government in eral diplomatic and financial support pro- thorized to remain available until expended. Cuba and the return of that country to the gram for response to a transition in Cuba. Western Hemisphere community of democ- SEC. 2908. ASSISTANCE PROVIDED TO THE SA 320. Mr. ENSIGN proposed an racies. CUBAN PEOPLE IN PREPARATION amendment to the bill S. 600, to au- (2) To encourage the development of an FOR A TRANSITION IN CUBA. international group to coordinate multilat- (a) AUTHORIZATION.—Notwithstanding any thorize appropriations for the Depart- eral planning to a transition of the govern- other provision of law other than section ment of State and international broad- ment in Cuba. 634A of the Foreign Assistance Act of 1961 (22 casting activities for fiscal years 2006 (3) To authorize funding for programs to U.S.C. 2394–1) and comparable notification and 2007, for the Peace Corps for fiscal assist the Cuban people and independent requirements contained in any Act making years 2006 and 2007, for foreign assist- nongovernmental organizations in Cuba in appropriations for foreign operations, export ance programs for fiscal years 2006 and preparing the groundwork for a peaceful financing, and related programs, the Presi- 2007, and for other purposes; as follows: transition of government in Cuba. dent is authorized to furnish an amount not (4) To provide the President with funding to exceed $15,000,000 in assistance and pro- At the end of title IV, add the following: to implement assistance programs essential vide other support for individuals and inde- SEC. 405. PROHIBITION OF WAR CRIMES PROS- to the development of a democratic govern- pendent nongovernmental organizations to ECUTION. ment in Cuba. support democracy-building efforts for Cuba, (a) IN GENERAL.—Chapter 118 of title 18, SEC. 2904. DEFINITIONS. including assistance for— United States Code, is amended by adding at In this title: (1) political prisoners and members of their the end the following: (1) DEMOCRATICALLY ELECTED GOVERNMENT families; ‘‘§ 2442. International criminal court IN CUBA.—The term ‘‘democratically elected (2) persons persecuted or harassed for dis- ‘‘(a) OFFENSE.—Except as provided in sub- government in Cuba’’ has the meaning given sident activities; section (b), it shall be unlawful for any per- the term in section 4 of the Cuban Liberty (3) independent libraries; son, acting under the authority of the Inter- and Democratic Solidarity (LIBERTAD) Act (4) independent workers’ rights activists; national Criminal Court, another inter- of 1996 (22 U.S.C. 6023). (5) independent agricultural cooperatives; national organization, or a foreign govern- (2) TRANSITION GOVERNMENT IN CUBA.—The (6) independent associations of self-em- ment, to knowingly indict, apprehend, de- term ‘‘transition government in Cuba’’ has ployed Cubans; tain, prosecute, convict, or participate in the

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3329 imposition or carrying out of any sentence On page 59, between lines 4 and 5, insert At the appropriate place insert: or other penalty on, any American in con- the following new section: Whereas in 2000, the United Nations, with nection with any proceeding by or before the SEC. 405. UNITED NATIONS OFFICE OF THE IN- strong backing by the United States, created International Criminal Court, another inter- SPECTOR GENERAL. the Special Court for Sierra Leone to pros- national organization, or a foreign govern- (a) WITHHOLDING OF PORTION OF CERTAIN ecute persons who have committed and ‘‘bear ment in which that American is accused of a ASSESSED CONTRIBUTIONS.—Twenty percent the greatest responsibility’’ for war crimes, war crime. of the funds made available in each fiscal crimes against humanity, other serious vio- ‘‘(b) EXCEPTION.—Subsection (a) shall not year under section lO2(a) for the assessed lations of international humanitarian law, apply in connection with a criminal pro- contribution of the United States to the and other atrocities that occurred in Sierra ceeding instituted by the government of a United Nations shall be withheld from obli- Leone during that country’s brutal civil war foreign country within the courts of such gation and expenditure until a certification during the period after November 30, 1996; country with respect to a war crime alleg- is made under subsection (b). Whereas United Nations Security Council edly committed— (b) CERTIFICATION.—A certification under resolution 1315 stated that the Security ‘‘(1) on territory subject to the sovereign this subsection is a certification by the Sec- Council is ‘‘[d]eeply concerned at the various jurisdiction of such government; or retary in the fiscal year concerned that the serious crimes committed within the terri- ‘‘(2) against persons who were nationals of following conditions are satisfied: tory of Sierra Leone against the people of Si- such country at the time that the war crime (1) ACTIONS BY THE UNITED NATIONS.— erra Leone . . . [and that] the international is alleged to have been committed. (A) The United Nations has met the re- community will exert every effort to bring ‘‘(c) CRIMINAL PENALTY.— quirements of paragraphs (1) through (6) of those responsible to justice . . .’’ ‘‘(1) IN GENERAL.—Any person who violates section 401(b) of the Foreign Relations Au- Whereas on June 4, 2003, the Special Court subsection (a) shall be fined not more than thorization Act, Fiscal Years 1994 and 1995 for Sierra Leone unsealed an indictment $5,000,000, imprisoned as provided in para- (Public Law 103–236; 108 Stat. 446). issued on March 3, 2003, against Charles (B) The Office of Internal Oversight Serv- graph (2), or both. Ghankay Taylor, former President of the Re- ices has fulfilled the directive in General As- ‘‘(2) PRISON SENTENCE.—The maximum public of Liberia, charging him with seven- sembly Resolution 48/218B to make all of its term of imprisonment for an offense under teen counts of war crimes, crimes against reports available to the General Assembly, this section is the greater of— humanity, and other violations of inter- with modifications to those reports that ‘‘(A) 5 years; or national humanitarian law; would violate confidentiality or the due ‘‘(B) the maximum term that could be im- Whereas, INTERPOL, of which Nigeria is a process rights of individuals involved in any posed on the American in the criminal pro- member, issued a Red Notice for Mr. Taylor investigation. ceeding described in subsection (a) with re- for ‘‘crimes against humanity’’ and ‘‘grave (C) The Office of Internal Oversight Serv- spect to which the violation took place. breaches of the 1949 Geneva Convention.’’ ices has an independent budget that does not ‘‘(d) EXTRATERRITORIAL JURISDICTION.— Whereas on August 11, 2003, Charles Taylor require the approval of the United Nations There is extraterritorial jurisdiction over an departed Liberia for Calabar, Nigeria, where Budget Office. offense under this section. he was granted asylum and, according to (2) ACTIONS BY THE OIOS.—The Office of In- press reports, agreed to end his involvement ‘‘(e) CIVIL REMEDY.—Any person who is ag- ternal Oversight Service has authority to. in Liberian politics; grieved by a violation under subsection (a) audit, inspect, or investigate each program, may, in a civil action, obtain appropriate re- Whereas in September 2003 the Govern- project, or activity funded by the United Na- ment of the Federal Republic of Nigeria lief, including— tions, and each executive board created ‘‘(1) punitive damages; and warned Taylor that it would ‘‘not tolerate under the United Nations has been notified any breach of this condition and others ‘‘(2) a reasonable attorney’s fee as part of in writing of that authority. the costs. which forbid him from engaging in active ‘‘(f) DEFINITIONS.—In this section— SA 322. Mr. ENSIGN proposed an communications with anyone engaged in po- ‘‘(1) the term ‘American’ means any citizen litical, illegal or governmental activities in amendment to the bill S. 600, to au- Liberia’’; or national of the United States, or any thorize appropriations for the Depart- other person employed by or working under Whereas, Jacques Klein, the UN Represent- the direction of the United States Govern- ment of State and international broad- ative charged with rebuilding Liberia, re- ment; casting activities for fiscal years 2006 ported that Charles Taylor has broken the ‘‘(2) the term ‘indict’ includes— and 2007, for the Peace Corps for fiscal terms of his exile by stating: ‘‘We know that ‘‘(A) the formal submission of an order or years 2006 and 2007, for foreign assist- there are people who commute basically be- request for the prosecution or arrest of a per- ance programs for fiscal years 2006 and tween Monrovia and where [Taylor] is . . . son; and 2007, and for other purposes; as follows: Now, he’s no longer giving the guidance he did by telephone, for obvious reasons, but ‘‘(B) the issuance of a warrant or other On page 11, line 15, striking ‘‘There’’ and order for the arrest of a person, the messengers still go back and forth. And insert the following: so he still is a cloud that hangs over much of by an official of the International Criminal (1) AUTHORIZATION OF APPROPRIATIONS.— Court, another international organization, what we do.’’ There Whereas the job of promoting regional or a foreign government; On page 11, between lines 23 and 24, insert peace and security cannot be completed ‘‘(3) the term ‘International Criminal the following: until Mr. Taylor appears before the Special Court’ means the court established by the (2) NO GROWTH BUDGET.—Of the amounts Rome Statute of the International Criminal appropriated pursuant to the authorization Court for Sierra Leone to answer to the Court adopted by the United Nations Diplo- of appropriations in paragraph (1), $80,000,000 charges against him. Now, therefore, be it matic Conference of Plenipotentiaries on the shall be withheld for each of the calendar Resolved, That— Establishment of and International Criminal years 2006 and 2007 unless the Secretary sub- (1) it is the sense of the Senate that— Court on July 17, 1998; and mits a certification to the appropriate con- ‘‘(4) the term ‘war crime’ means— (A) the United States shall use its voice gressional committees for each such cal- and vote at the United Nations Security ‘‘(A) any offense now cognizable before the endar year that states that the United Na- International Criminal Court; and Council to bring about the transfer of tions has taken no action during the pre- Charles Taylor to the Special Court for Si- ‘‘(B) any offense hereafter cognizable be- ceding calendar year to increase funding for fore the International Criminal Court, effec- erra Leone. any United Nations program without identi- (B) The actions called for in subsection (A) tive on the date such offense becomes cog- fying an offsetting decrease elsewhere in the nizable before such court.’’. include supporting a Chapter VII Security United Nations budget during that calendar Council resolution that would provide for the (b) CLERICAL AMENDMENT.—The table of year and that for such calendar years the sections in chapter 118 of title 18, United immediate transfer of Charles Taylor. United Nations will not exceed the spending (2) the Senate urges the United States gov- States Code, is amended by adding at the end limits of the initial 2004–2005 United Nations ernment to formulate a comprehensive, the following: biennium budget adopted in December, 2003. inter-agency strategy, consistent with sec- ‘‘Sec. 2442. International criminal Mr. LEAHY submitted an tion 585 of Public Law 108–447, aimed at court.’’. SA 323. bringing about the transfer of Charles Taylor amendment intended to be proposed by well before the Liberian elections scheduled SA 321. Mr. ENSIGN proposed an him to the bill S. 600, to authorize ap- to occur in fall, 2005. amendment to the bill S. 600, to au- propriations for the Department of thorize appropriations for the Depart- State and international broadcasting SA 324. Mr. LEAHY submitted an ment of State and international broad- activities for fiscal years 2006 and 2007, amendment intended to be proposed by casting activities for fiscal years 2006 for the Peace Corps for fiscal years 2006 him to the bill S. 600, to authorize ap- and 2007, for the Peace Corps for fiscal and 2007, for foreign assistance pro- propriations for the Department of years 2006 and 2007, for foreign assist- grams for fiscal years 2006 and 2007, and State and international broadcasting ance programs for fiscal years 2006 and for other purposes; which was ordered activities for fiscal years 2006 and 2007, 2007, and for other purposes; as follows: to lie on the table; as follows: for the Peace Corps for fiscal years 2006

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3330 CONGRESSIONAL RECORD — SENATE April 6, 2005 and 2007, for foreign assistance pro- U.S.C. 7426) is amended by adding at the end reaffirms its policy contained in sections 2 grams for fiscal years 2006 and 2007, and the following new section: and 15 of the Small Business Act (15 U.S.C. for other purposes; which was ordered ‘‘(e) ADDITIONAL EXEMPTION.— 631, 644) and section 302 of the Small Business ‘‘(1) EXEMPTION.—The prohibition of sub- to lie on the table; as follows: Economic Policy Act of 1980 (15 U.S.C. 631a) section (a) shall not apply to the provision of to promote international competitiveness of At the appropriate place in the bill, insert assistance under chapter 5 of part II of the United States small businesses and to ensure the following: Foreign Assistance Act of 1961 (22 U.S.C. 2347 that small business concerns are awarded a PROTECTION OF THE GALAPAGOS et seq.), relating to International Military fair portion of all Federal prime contracts, Sec. . (a) FINDINGS.—The Senate makes Education and Training, to a country in and subcontracts, regardless of geographic the following findings— Latin America that is a party to the Inter- area. (1) The Galapagos Islands are a global national Criminal Court, notwithstanding (b) COMPLIANCE.—Not later than 270 days treasure and World Heritage Site, and the fu- the lack of agreement between the United after the date of enactment of this Act, the ture of the Galapagos is in the hands of the States and such country pursuant to Article head of each Federal agency, office, and de- Government of Ecuador; 98 of the Rome Statute as described in sub- partment having jurisdiction over acquisi- (2) The world depends on the Government section (c). tion regulations shall conduct regulatory re- of Ecuador to implement the necessary poli- ‘‘(2) COUNTRY IN LATIN AMERICA DEFINED.— views to ensure that such regulations require cies and programs to ensure the long term In this subsection, the term ‘country in compliance with the Small Business Act in protection of the biodiversity of the Gala- Latin America’ means any country which is Federal prime contracts and subcontracts, pagos, including enforcing the Galapagos a participating member of the Organization regardless of the geographic place of award Special Law; of American States and that, but for this or performance, and shall promulgate any (3) There are concerns with the leadership section, is eligible for assistance under chap- necessary conforming changes to such regu- of the Galapagos National Park Service and ter 5 of part II of the Foreign Assistance Act lations. that the biodiversity of the Galapagos and of 1961, relating to International Military (c) COOPERATION WITH THE SMALL BUSINESS the Marine Reserve are not being properly Education and Training.’’. ADMINISTRATION.—The Administrator and managed or adequately protected; and the Chief Counsel for Advocacy of the Small (4) The Government of Ecuador has report- SA 326. Ms. SNOWE (for herself and Business Administration shall be consulted edly given preliminary approval for commer- Mr. COLEMAN) submitted an amend- for recommendations concerning regulatory cial airplane flights to the Island of Isabela, ment intended to be proposed by her to reviews and changes required by this section. which may cause irreparable harm to the the bill S. 600, to authorize appropria- (d) CONFLICTING PROVISIONS OF LAW.—In biodiversity of the Galapagos, and has al- tions for the Department of State and conducting any regulatory review or promul- lowed the export of fins from sharks caught gating any changes required by this section, accidentally in the Marine Reserve, which international broadcasting activities due note and recognition shall be given to may encourage illegal fishing. for fiscal years 2006 and 2007, for the the specific requirements and procedures of (b) Whereas, now therefore, be it Peace Corps for fiscal years 2006 and any other Federal statute or treaty which Resolved, that— 2007, for foreign assistance programs may exempt any Federal prime contract or (1) the Senate strongly encourages the for fiscal years 2006 and 2007, and for subcontract from the application of the Government of Ecuador to— other purposes; which was ordered to Small Business Act in whole or in part. (A) refrain from taking any action that lie on the table; as follows: (e) REPORT TO CONGRESSIONAL COMMIT- could cause harm to the biodiversity of the TEES.—Not later than 1 year after the date of At the end of title VII, insert the fol- Galapagos or encourage illegal fishing in the enactment of this Act, the Administrator lowing: Marine Reserve; and the Chief Counsel for Advocacy of the (B) abide by the agreement to select the SEC. 712. SMALL BUSINESS CONTRACTING IN Small Business Administration shall submit OVERSEAS PROCUREMENTS. Directorship of the Galapagos National Park to the Committee on Small Business and En- (a) CONGRESSIONAL FINDINGS AND REAFFIR- Service though a transparent process based trepreneurship of the Senate and to the Com- MATION OF EXISTING POLICY.— on merit as previously agreed by the Govern- mittee on Small Business of the House of ment of Ecuador, international donors, and (1) FINDINGS.—Congress finds that— (A) small business contracting in support Representatives a report containing their nongovernmental organizations; and views on the compliance status of Federal (C) enforce the Galapagos Special Law in of overseas activities of the Federal Govern- ment strengthens the trade posture of the agencies, offices, and departments in car- its entirety, including the governance struc- rying out this section. ture defined by the law to ensure effective United States in the global marketplace; control of migration to the Galapagos and (B) small business contractors are a vital SA 327. Ms. SNOWE (for herself and sustainable fishing practices, and prohibit component of the civilian and defense indus- trial base, and they have provided out- Mr. COLEMAN) submitted an amend- long-line fishing which threatens the sur- ment intended to be proposed by her to vival of shark and marine turtle populations. standing value in support of the activities of (2) The Department of State should— the Federal Government domestically and the bill S. 600, to authorize appropria- (A) emphasize to the Government of Ecua- internationally, especially in the inter- tions for the Department of State and dor the importance the United States gives national reconstruction, stabilization, and international broadcasting activities to these issues; and assistance activities in the Global War on for fiscal years 2006 and 2007, for the (B) offer assistance to implement the nec- Terror; Peace Corps for fiscal years 2006 and essary policies and programs to ensure the (C) maintaining a vital small business in- 2007, for foreign assistance programs dustrial base protects the Federal Govern- long term protection of the biodiversity of for fiscal years 2006 and 2007, and for the Galapagos and the Marine Reserve and to ment from higher costs and reduced innova- sustain the livelihoods of the Galapagos pop- tion that accompany undue consolidation of other purposes; which was ordered to ulation who depend on the marine ecosystem Government contracts; lie on the table; as follows: for survival. (D) Congress has a strong interest in pre- At the end of title VII, insert the fol- serving the competitive nature of the Gov- lowing: SA 325. Mr. DODD (for himself and ernment contracting marketplace, particu- SEC. 712. SMALL BUSINESS CONTRACTING IN Mr. LEAHY) submitted an amendment larly with regard to performance of Federal OVERSEAS PROCUREMENTS. intended to be proposed by him to the contracts and subcontracts overseas; (a) CONGRESSIONAL FINDINGS AND REAFFIR- bill S. 600, to authorize appropriations (E) small business contractors suffer com- MATION OF EXISTING POLICY.— petitive harm and the Federal Government (1) FINDINGS.—Congress finds that— for the Department of State and inter- suffers a needless reduction in competition (A) small business contracting in support national broadcasting activities for fis- and a needless shrinkage of its industrial of overseas activities of the Federal Govern- cal years 2006 and 2007, for the Peace base when Federal agencies exempt con- ment strengthens the trade posture of the Corps for fiscal years 2006 and 2007, for tracts and subcontracts awarded for perform- United States in the global marketplace; foreign assistance programs for fiscal ance overseas from the application of the (B) small business contractors are a vital years 2006 and 2007, and for other pur- Small Business Act; component of the civilian and defense indus- poses; which was ordered to lie on the (F) small businesses desiring to support trial base, and they have provided out- table; as follows: the troops deployed in the Global War on standing value in support of the activities of Terror and the reconstruction of Iraq and Af- the Federal Government domestically and At the end of subtitle A of title XXI, add ghanistan have faced needless hurdles to internationally, especially in the inter- the following: meaningful participation in Government national reconstruction, stabilization, and SEC. 2227. INTERNATIONAL MILITARY EDU- contracts and subcontracts; and assistance activities in the Global War on CATION AND TRAINING ASSISTANCE FOR LATIN AMERICA COUNTRIES (G) Congress has a strong interest in hold- Terror; NOT ENTERING INTO AGREEMENTS ing large prime contractors accountable for (C) maintaining a vital small business in- UNDER ARTICLE 98 OF THE ROME fulfilling their subcontracting plans on over- dustrial base protects the Federal Govern- STATUTE. seas assistance and reconstruction projects. ment from higher costs and reduced innova- Section 2007 of the American (2) REAFFIRMATION OF POLICY.—In light of tion that accompany undue consolidation of Servicemembers’ Protection Act of 2002 (22 the findings in subparagraph (A), Congress Government contracts;

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(D) Congress has a strong interest in pre- In section 105(a), strike ‘‘$10,000,000’’ and (2) SUMMARY OF PRIOR ACTION.—A summary serving the competitive nature of the Gov- insert ‘‘$18,000,000’’. of recent actions taken in the sending coun- ernment contracting marketplace, particu- try and information regarding previous ef- larly with regard to performance of Federal SA 329. Ms. LANDRIEU submitted an forts to address conditions articulated in contracts and subcontracts overseas; amendment intended to be proposed by paragraph (1). (E) small business contractors suffer com- her to the bill S. 600, to authorize ap- (3) PLAN.—A plan that includes— petitive harm and the Federal Government propriations for the Department of (A) ways to remedy the circumstance or suffers a needless reduction in competition State and international broadcasting circumstances described in paragraph (1) jus- and a needless shrinkage of its industrial tifying the suspension; base when Federal agencies exempt con- activities for fiscal years 2006 and 2007, (B) a process to notify United States citi- tracts and subcontracts awarded for perform- for the Peace Corps for fiscal years 2006 zens who might be affected by the suspen- ance overseas from the application of the and 2007, for foreign assistance pro- sion; Small Business Act; grams for fiscal years 2006 and 2007, and (C) a way to process families awaiting (F) small businesses desiring to support for other purposes; which was ordered completion of processing as of the date that the troops deployed in the Global War on to lie on the table; as follows: the suspension is issued; and Terror and the reconstruction of Iraq and Af- At the end of title XXV, add the following: (D) a good faith estimate of the time need- ghanistan have faced needless hurdles to ed to remedy the circumstance or cir- SEC. 2523. CONDITIONS ON ANY SUSPENSION OF meaningful participation in Government IMMIGRATION PROCESSING OF OR- cumstances described in paragraph (1), which contracts and subcontracts; and PHANS. recognizes and addresses the degree to which (G) Congress has a strong interest in hold- (a) REQUIREMENTS OF DEPARTMENT OF resolution of circumstance or circumstances ing large prime contractors accountable for HOMELAND SECURITY.—The Secretary of described in paragraph (1) depend upon the fulfilling their subcontracting plans on over- Homeland Security, in consultation with the cooperation of the sending country. seas assistance and reconstruction projects. Secretary of State, shall submit written no- (b) EXEMPTIONS FROM SUSPENSION.—The (2) REAFFIRMATION OF POLICY.—In light of tification to the Senate and the House of Secretary of Homeland Security shall give the findings in subparagraph (A), Congress Representatives on the day on which the consideration to exempting from the suspen- reaffirms its policy contained in sections 2 processing of petitions for classification of sion those adoptions involving extraordinary and 15 of the Small Business Act (15 U.S.C. nationals of a country as orphans is sus- humanitarian concerns in accordance with 631, 644) and section 302 of the Small Business pended. The notification shall set forth the section 212(d)(5)(A) of the Immigration and Economic Policy Act of 1980 (15 U.S.C. 631a) following: Nationality Act (8 U.S.C. 1182(d)(5)(A)). to promote international competitiveness of (1) EXPLANATION.—Information, to the ex- (c) PERIODIC CONGRESSIONAL NOTIFICA- United States small businesses and to ensure tent available, supporting the suspension, in- TION.—Not later than 180 days after a suspen- that small business concerns are awarded a cluding the following: sion takes effect after the date of enactment fair portion of all Federal prime contracts, (A) FAILURE TO OBTAIN BIRTH PARENT CON- of this Act, and every 180 days until the sus- and subcontracts, regardless of geographic SENT.—Information indicating that in recent pension is terminated, the Secretary of area. cases the consent of a birth parent to termi- Homeland Security shall submit a written (b) COMPLIANCE.—Not later than 270 days nation of parental rights or to the adoption report to Congress indicating— after the date of enactment of this Act, the was not obtained. (1) that the circumstances justifying the head of each Federal agency, office, and de- (B) FRAUD, DURESS, OR IMPROPER INDUCE- suspension still exist; and partment having jurisdiction over acquisi- MENT.—Information indicating that in recent (2) what actions have been taken, since the tion regulations shall conduct regulatory re- cases the consent of a birth parent to termi- date of notification under subsection (a) or views to ensure that such regulations require nation of parental rights or to the adoption (f), to remedy the circumstances justifying compliance with the Small Business Act in was obtained as a result of fraud, duress, or the suspension. Federal prime contracts and subcontracts, improper inducement. (d) TRANSITION PROVISION.—Not later than regardless of the geographic place of award (C) IMPROPER RELINQUISHMENT.—Informa- 30 days after the date of enactment of this or performance, and shall promulgate any tion indicating that in recent cases birth Act, the Secretary of Homeland Security necessary conforming changes to such regu- parents have relinquished their children in shall submit to Congress, for each country lations. return for improper reward. for which a suspension is in effect on the (c) COOPERATION WITH THE SMALL BUSINESS (D) INADEQUATE SENDING COUNTRY ADOPTION date of enactment of this Act, a report con- ADMINISTRATION.—The Administrator and PROCESS.—Information indicating that the taining a summary of the evidence, plan, and the Chief Counsel for Advocacy of the Small system utilized by the sending country for estimate described in subsection (a). Business Administration shall be consulted the arrangement of international adoptions (e) STATUTORY CONSTRUCTION.—Nothing in for recommendations concerning regulatory of orphans who are nationals of the sending this section shall be construed to require the reviews and changes required by this section. country is inadequate and, as a result, the inclusion of information that— (d) CONFLICTING PROVISIONS OF LAW.—In processing of cases according to the require- (1) reasonably could be expected to ad- conducting any regulatory review or promul- ments of the Immigration and Nationality versely affect or compromise a civil or crimi- gating any changes required by this section, Act is compromised. nal enforcement proceeding or investigation; due note and recognition shall be given to (E) DEPARTMENT OF STATE INABILITY TO or the specific requirements and procedures of PROCESS.—Information indicating that the (2) would disclose techniques and proce- any other Federal statute or treaty which system of the Department of State in that dures for law enforcement investigations or may exempt any Federal prime contract or country for the processing of petitions for prosecutions. subcontract from the application of the the classification of nationals of that send- (f) REQUIREMENTS OF THE DEPARTMENT OF Small Business Act in whole or in part. ing country as orphans is insufficient, and as STATE.—The Secretary of State, or any other (e) REPORT TO CONGRESSIONAL COMMIT- a result, the Department of State is unable official of the Department of State, may not TEES.—Not later than 1 year after the date of to make an informed determination under urge a foreign government to suspend the enactment of this Act, the Administrator section 101(b)(1)(F) of the Immigration and processing of international adoptions by and the Chief Counsel for Advocacy of the Nationality Act (8 U.S.C. 1101(b)(1)(F)). United States citizens unless the Secretary Small Business Administration shall submit (F) INABILITY TO PROCESS.—Information in- of State provides written notification of such to the Committee on Small Business and En- dicating that the system of the United action to the Senate and the House of Rep- trepreneurship of the Senate and to the Com- States Citizen and Immigration Services (re- resentatives on the day such action is taken. mittee on Small Business of the House of ferred to in this section as the ‘‘USCIS’’) in (g) DEFINITIONS.—In this section: Representatives a report containing their that country for the processing of petitions (1) ORPHAN.—The term ‘‘orphan’’ means a views on the compliance status of Federal for the classification of nationals of that child described in subparagraph (F) or (G) of agencies, offices, and departments in car- sending country as orphans is insufficient, section 101(b)(1) of the Immigration and Na- rying out this section. and as a result, the USCIS is unable to make tionality Act (8 U.S.C. 1101(b)(1)). an informed determination under such sec- (2) SENDING COUNTRY.—The term ‘‘sending SA 328. Mrs. FEINSTEIN submitted tion 101(b)(1)(F). country’’ means the country with legal au- an amendment intended to be proposed (G) COMBINATION OF CONDITIONS.—Informa- thority to process the adoption of the child by her to the bill S. 600, to authorize tion indicating the existence of a combina- in question. appropriations for the Department of tion of the conditions listed in subpara- (3) SUSPENSION.—The term ‘‘suspension’’ means, with respect to a country, the deci- State and international broadcasting graphs (A) through (F), such that the Depart- ment of State or the USCIS is unable to sion by the Attorney General to suspend the activities for fiscal years 2006 and 2007, processing of petitions for classification of for the Peace Corps for fiscal years 2006 make an informed determination under such section 101(b)(1)(F). orphans who are natives of that country. and 2007, for foreign assistance pro- (H) OTHER CONDITIONS.—Information indi- grams for fiscal years 2006 and 2007, and cating such other conditions that justify a SA 330. Ms. LANDRIEU (for herself, for other purposes; which was ordered suspension of orphan processing, as appro- Mr. DEMINT, and Mr. CRAIG) submitted to lie on the table; as follows: priate. an amendment intended to be proposed

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3332 CONGRESSIONAL RECORD — SENATE April 6, 2005 by her to the bill S. 600, to authorize treated identically to a biological child born (A) IN GENERAL.—The primary responsibil- appropriations for the Department of abroad to the same citizen parent; and ities of the Ambassador at Large shall be— State and international broadcasting (3) to improve the intercountry adoption (i) to ensure that intercountry adoptions activities for fiscal years 2006 and 2007, process by making it more citizen friendly take place in the best interests of the child; and focused on the protection of the child. for the Peace Corps for fiscal years 2006 and SEC. 903. DEFINITIONS. and 2007, for foreign assistance pro- (ii) to assist the Secretary in fulfilling the In this title: responsibilities designated to the central au- grams for fiscal years 2006 and 2007, and (1) ADOPTABLE CHILD.—The term ‘‘adopt- thority under title I of the Intercountry for other purposes; which was ordered able child’’ has the same meaning given such Adoption Act of 2000 (42 U.S.C. 14911 et seq.). to lie on the table; as follows: term in section 101(c)(3) of the Immigration (B) ADVISORY ROLE.—The Ambassador at At the end of division A, add the following and Nationality Act (8 U.S.C. 1101(c)(3)), as Large shall be a principal advisor to the new title: added by section 924(a) of this Act. President and the Secretary regarding mat- TITLE IX—INTERCOUNTRY ADOPTION (2) AMBASSADOR AT LARGE.—The term ters affecting intercountry adoption and the ‘‘Ambassador at Large’’ means the Ambas- SEC. 901. SHORT TITLE. general welfare of children abroad and shall sador at Large for Intercountry Adoptions This title may be cited as the ‘‘Inter- make recommendations regarding— appointed to head the Office pursuant to sec- country Adoption Reform Act of 2005’’ or the (i) the policies of the United States with tion 911(b). ‘‘ICARE Act’’. respect to the establishment of a system of (3) COMPETENT AUTHORITY.—The term SEC. 902. FINDINGS; PURPOSES. cooperation among the parties to the Con- ‘‘competent authority’’ means the entity or (a) FINDINGS.—Congress finds the fol- entities authorized by the law of the child’s vention; lowing: country of residence to engage in permanent (ii) the policies to prevent abandonment, (1) That a child, for the full and harmo- placement of children who are no longer in strengthen families, and to advance the nious development of his or her personality, the legal or physical custody of their biologi- placement of children in permanent families; should grow up in a family environment, in cal parents. and an atmosphere of happiness, love, and under- (4) CONVENTION.—The term ‘‘Convention’’ (iii) policies that promote the protection standing. means the Convention on Protection of Chil- and well-being of children. (2) That intercountry adoption may offer dren and Co-operation in Respect of Inter- (C) DIPLOMATIC REPRESENTATION.—Subject the advantage of a permanent family to a country Adoption, done at The Hague on to the direction of the President and the Sec- child for whom a suitable family cannot be May 29, 1993. retary, the Ambassador at Large may rep- found in his or her country of origin. (5) FULL AND FINAL ADOPTION.—The term resent the United States in matters and (3) There has been a significant growth in ‘‘full and final adoption’’ means an adop- cases relevant to international adoption in— intercountry adoptions. In 1990, Americans tion— (i) fulfillment of the responsibilities des- adopted 7,093 children from abroad. In 2001, (A) that is completed according to the laws ignated to the central authority under title they adopted 19,237 children from abroad. of the child’s country of residence or the I of the Intercountry Adoption Act of 2000 (42 (4) Americans increasingly seek to create State law of the parent’s residence; U.S.C. 14911 et seq.); or enlarge their families through inter- (B) under which a person is granted full (ii) contacts with foreign governments, country adoptions. and legal custody of the adopted child; intergovernmental organizations, and spe- (5) There are many children worldwide that (C) that has the force and effect of severing cialized agencies of the United Nations and are without permanent homes. the child’s legal ties to the child’s biological other international organizations of which (6) In the interest of children without a parents; the United States is a member; and permanent family and the United States citi- (D) under which the adoptive parents meet (iii) multilateral conferences and meetings zens who are waiting to bring them into the requirements of section 925; and relevant to international adoption. their families, reforms are needed in the (E) under which the child has been adju- (D) INTERNATIONAL POLICY DEVELOPMENT.— intercountry adoption process used by dicated to be an adoptable child in accord- The Ambassador at Large shall advise and United States citizens. ance with section 926. support the Secretary and other relevant Bu- (7) Before adoption, each child should have (6) OFFICE.—The term ‘‘Office’’ means the reaus of the Department of State in the de- the benefit of measures taken to ensure that Office of Intercountry Adoptions established velopment of sound policy regarding child intercountry adoption is in his or her best under section 911(a). protection and intercountry adoption. interests and prevents the abduction, selling, (7) READILY APPROVABLE.—A petition or (E) REPORTING RESPONSIBILITIES.—The Am- or trafficking of children. certification is considered ‘‘readily approv- bassador at Large shall have the following (8) In addition, Congress recognizes that able’’ if the documentary support provided reporting responsibilities: foreign born adopted children do not make demonstrates that the petitioner satisfies (i) IN GENERAL.—The Ambassador at Large the decision whether to immigrate to the the eligibility requirements and no addi- shall assist the Secretary and other relevant United States. They are being chosen by tional information or investigation is nec- Bureaus in preparing those portions of the Americans to become part of their imme- essary. Human Rights Reports that relate to the ab- diate families. Subtitle A—Administration of Intercountry duction, sale, and trafficking of children. (9) As such these children should not be Adoptions (ii) ANNUAL REPORT ON INTERCOUNTRY ADOP- classified as immigrants in the traditional SEC. 911. OFFICE OF INTERCOUNTRY ADOP- TION.—On September 1 of each year, the Sec- sense. Once fully and finally adopted, they TIONS. retary, with the assistance of the Ambas- should be treated as children of United (a) ESTABLISHMENT.—Not later than 180 sador at Large, shall prepare and transmit to States citizens. days after the date of enactment of this Act, Congress an annual report on intercountry (10) Since a child who is fully and finally there is to be established within the Depart- adoption. Each annual report shall include— adopted is entitled to the same rights, du- ment of State, an Office of Intercountry (I) a description of the status of child pro- ties, and responsibilities as a biological Adoptions which shall be headed by the Am- tection and adoption in each foreign coun- child, the law should reflect such equality. bassador at Large for Intercountry Adop- try, including— (11) Therefore, foreign born adopted chil- tions who shall be appointed pursuant to dren of United States citizens should be ac- subsection (b). (aa) trends toward improvement in the corded the same procedural treatment as bi- (b) AMBASSADOR AT LARGE.— welfare and protection of children and fami- ological children born abroad to a United (1) APPOINTMENT.—The Ambassador at lies; States citizen. Large shall be appointed by the President, (bb) trends in family reunification, domes- (12) If a United States citizen can confer by and with the advice and consent of the tic adoption, and intercountry adoption; citizenship to a biological child born abroad, Senate, from among individuals who have (cc) movement toward ratification and im- then the same citizen is entitled to confer background, experience, and training in plementation of the Convention; and such citizenship to their legally and fully intercountry adoptions, taking care to en- (dd) census information on the number of adopted foreign born child immediately upon sure that the individual who serves as Am- children in orphanages, foster homes, and final adoption. bassador is free from any conflicts of inter- other types of nonpermanent residential care (13) If a United States citizen cannot con- est that might inhibit such individual’s abil- as reported by the foreign country; fer citizenship to a biological child born ity to serve as Ambassador. (II) the number of intercountry adoptions abroad, then such citizen cannot confer citi- (2) AUTHORITY.—The Ambassador at Large by United States citizens, including the zenship to their legally and fully adopted shall report directly to the Secretary, in country from which each child emigrated, foreign born child, except through the natu- consultation with the Assistant Secretary the State in which each child resides, and ralization process. for Consular Affairs. The Ambassador at the country in which the adoption was final- (b) PURPOSES.—The purposes of this title Large has no independent regulatory author- ized; are— ity. (III) the number of intercountry adoptions (1) to ensure that intercountry adoptions (3) DUTIES OF THE AMBASSADOR AT LARGE.— involving emigration from the United take place in the best interests of the child; In carrying out the functions of the Office, States, including the country where each (2) to ensure that foreign born children the Ambassador at Large shall have the fol- child now resides and the State from which adopted by United States citizens will be lowing responsibilities: each child emigrated;

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3333 (IV) the number of placements for adoption shall be divided into regions of the United Security with respect to the adoption of a in the United States that were disrupted, in- States as follows: foreign born child prior to the date of enact- cluding the country from which the child (A) Northwest. ment of this subtitle, the Secretary of Home- emigrated, the age of the child, the date of (B) Northeast. land Security shall have the authority to the placement for adoption, the reasons for (C) Southwest. make the final determination on such peti- the disruption, the resolution of the disrup- (D) Southeast. tion and such petition shall not be trans- tion, the agencies that handled the place- (E) Midwest. ferred to the Office. ment for adoption, and the plans for the (F) West. SEC. 915. TRANSFER OF RESOURCES. child, and in addition, any information re- (3) CHILD ADJUDICATION.—To the extent Subject to section 1531 of title 31, United garding disruption or dissolution of adop- practicable, the division responsible for the States Code, upon the effective date of this tions of children from other countries re- adjudication of foreign born children as title, there are transferred to the Ambas- ceived pursuant to section 422(b)(14) of the adoptable shall be divided by world regions sador at Large for appropriate allocation in Social Security Act (42 U.S.C. 622(b)(14)); which correspond to those currently used by accordance with section 916, the assets, li- (V) the average time required for comple- other divisions within the Department of abilities, contracts, property, records, and tion of an adoption, set forth by the country State. unexpended balance of appropriations, au- from which the child emigrated; (4) USE OF INTERNATIONAL FIELD OFFICERS.— thorizations, allocations, and other funds (VI) the current list of agencies accredited Nothing in this section shall be construed to employed, held, used, arising from, available and persons approved under the Intercountry prohibit the use of international field offi- to, or to be made available to the Immigra- Adoption Act of 2000 (42 U.S.C. 14901 et seq.) cers posted abroad, as necessary, to fulfill tion and Naturalization Service or the De- to provide adoption services; the requirements of this Act. partment of Homeland Security in connec- (VII) the names of the agencies and persons (5) USE OF EXISTING SYSTEMS.—Whenever tion with the functions transferred pursuant temporarily or permanently debarred under possible, the Office shall utilize systems cur- to this subtitle. the Intercountry Adoption Act of 2000 (42 rently in place that ensure protections SEC. 916. INCIDENTAL TRANSFERS. U.S.C. 14901 et seq.), and the reasons for the against child trafficking. The Ambassador at Large may make such debarment; (e) QUALIFICATIONS AND TRAINING.—In addi- additional incidental dispositions of per- (VIII) the range of adoption fees involving tion to meeting the employment require- sonnel, assets, liabilities, grants, contracts, adoptions by United States citizens and the ments of the Department of State, officers property, records, and unexpended balances median of such fees set forth by the country employed in any of the 7 divisions of the Of- of appropriations, authorizations, alloca- of origin; fice shall undergo extensive and specialized tions, and other funds held, used, arising (IX) the range of fees charged for accredi- training in the laws and processes of inter- from, available to, or to be made available in tation of agencies and the approval of per- country adoption as well as understanding connection with such functions, as may be sons in the United States engaged in pro- the cultural, medical, emotional, and social necessary to carry out this title. The Ambas- viding adoption services under the Conven- issues surrounding intercountry adoption sador at Large shall provide for such further tion; and and adoptive families. The Ambassador at measures and dispositions as may be nec- (X) recommendations of ways the United Large shall, whenever possible, recruit and essary to effectuate the purposes of this sub- States might act to improve the welfare and hire individuals with background and experi- title. protection of children and families in each ence in intercountry adoptions, taking care SEC. 917. SAVINGS PROVISIONS. foreign country. to ensure that such individuals do not have (a) LEGAL DOCUMENTS.—All orders, deter- (c) FUNCTIONS OF OFFICE.—The Office shall any conflicts of interest that might inhibit minations, rules, regulations, permits, have the following 7 functions: their ability to serve. grants, loans, contracts, agreements, includ- (1) APPROVAL OF A FAMILY TO ADOPT.—To (f) USE OF ELECTRONIC DATABASES AND FIL- ing collective bargaining agreements, certifi- approve or disapprove the eligibility of ING.—To the extent possible, the Office shall cates, licenses, and privileges— United States citizens to adopt foreign born make use of centralized, electronic databases (1) that have been issued, made, granted, or children. and electronic form filing. allowed to become effective by the Presi- (2) CHILD ADJUDICATION.—To investigate SEC. 912. RECOGNITION OF CONVENTION ADOP- dent, the Ambassador at Large, the former and adjudicate the status of a child born TIONS IN THE UNITED STATES. Commissioner of the Immigration and Natu- abroad to determine their eligibility as an Section 505(a)(1) of the Intercountry Adop- ralization Service, their delegates, or any adoptable child. tion Act of 2000 (42 U.S.C. 14901 note) is other Government official, or by a court of (3) FAMILY SERVICES.—To provide assist- amended by inserting ‘‘301, 302,’’ after ‘‘205,’’. competent jurisdiction, in the performance ance to United States citizens engaged in the SEC. 913. TECHNICAL AND CONFORMING AMEND- of any function that is transferred pursuant intercountry adoption process in resolving MENT. to this subtitle; and problems with respect to that process and to Section 104 of the Intercountry Adoption (2) that are in effect on the effective date track intercountry adoption cases so as to Act of 2000 (42 U.S.C. 14914) is repealed. of such transfer (or become effective after ensure that all such adoptions are processed SEC. 914. TRANSFER OF FUNCTIONS. such date pursuant to their terms as in ef- in a timely manner. (a) IN GENERAL.—Subject to subsection (c), fect on such effective date); (4) INTERNATIONAL POLICY DEVELOPMENT.— all functions under the immigration laws of shall continue in effect according to their To advise and support the Ambassador at the United States with respect to the adop- terms until modified, terminated, super- Large and other relevant Bureaus in the de- tion of foreign born children by United seded, set aside, or revoked in accordance velopment of sound policy regarding child States citizens and their admission to the with law by the President, any other author- protection and intercountry adoption. United States that have been vested by stat- ized official, a court of competent jurisdic- (5) CENTRAL AUTHORITY.—To assist the Sec- ute in, or exercised by, the Commissioner of tion, or operation of law, except that any retary in carrying out duties of the central Immigration and Naturalization, the Immi- collective bargaining agreement shall re- authority as defined in section 3 of the Inter- gration and Naturalization Service (or any main in effect until the date of termination country Adoption Act of 2000 (42 U.S.C. officer, employee, or component thereof), of specified in the agreement. 14902). the Department of Homeland Security (or (b) PROCEEDINGS.— (6) ENFORCEMENT.—To investigate, either any officer, employee, or component thereof) (1) PENDING.—The transfer of functions directly or in cooperation with other appro- immediately prior to the effective date of under section 914 shall not affect any pro- priate international, Federal, State, or local this title, are transferred to the Office on the ceeding or any application for any benefit, entities, improprieties relating to adoption, effective date of this title for exercise by the service, license, permit, certificate, or finan- including issues of child protection, birth Ambassador at Large in accordance with ap- cial assistance pending on the effective date family protection, and consumer fraud. plicable laws and subtitle B of this title. of this subtitle before an office whose func- (7) ADMINISTRATION.—To perform adminis- (b) EXERCISE OF AUTHORITIES.—Except as tions are transferred pursuant to this sub- trative functions related to the functions otherwise provided by law, the Ambassador title, but such proceedings and applications performed under paragraphs (1) through (6), at Large may, for purposes of performing shall be continued. including legal functions and congressional any function transferred to the Ambassador (2) ORDERS.—Orders shall be issued in such liaison and public affairs functions. at Large under subsection (a), exercise all proceedings, appeals shall be taken there- (d) ORGANIZATION.— authorities under any other provision of law from, and payments shall be made pursuant (1) IN GENERAL.—All functions of the Office that were available with respect to the per- to such orders, as if this Act had not been en- shall be performed by officers housed in a formance of that function to the official re- acted, and orders issued in any such pro- centralized office located in Washington, sponsible for the performance of the function ceeding shall continue in effect until modi- D.C. Within the Washington, D.C. office, immediately before the effective date of the fied, terminated, superseded, or revoked by a there shall be 7 divisions corresponding to transfer of the function pursuant to this sub- duly authorized official, by a court of com- the 7 functions of the Office. All 7 divisions title. petent jurisdiction, or by operation of law. and their respective directors shall report di- (c) LIMITATION ON TRANSFER OF PENDING (3) DISCONTINUANCE OR MODIFICATION.— rectly to the Ambassador at Large. ADOPTIONS.—If an individual has filed a peti- Nothing in this section shall be considered to (2) APPROVAL TO ADOPT.—The division re- tion with the Immigration and Naturaliza- prohibit the discontinuance or modification sponsible for approving parents to adopt tion Service or the Department of Homeland of any such proceeding under the same terms

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3334 CONGRESSIONAL RECORD — SENATE April 6, 2005 and conditions and to the same extent that may be included in order to satisfy the phys- (C) that the transmission of fees between such proceeding could have been discon- ical presence requirement of this paragraph. the adoption agency, the country of origin, tinued or modified if this section had not ‘‘(2) The child is an adoptable child de- and the prospective adoptive parents is car- been enacted. scribed in section 101(c)(3). ried out in a transparent and efficient man- (c) SUITS.—This subtitle shall not affect ‘‘(3) The child is the beneficiary of a full ner. suits commenced before the effective date of and final adoption decree entered by a for- (7) The Secretary shall take all measures this subtitle, and in all such suits, pro- eign government or a court in the United necessary to ensure that all documents pro- ceeding shall be had, appeals taken, and States. vided to a country of origin on behalf of a judgments rendered in the same manner and ‘‘(4) For purposes of this subsection, the prospective adoptive parent are truthful and with the same effect as if this subtitle had term ‘full and final adoption’ means an adop- accurate. not been enacted. tion— SEC. 923. NONIMMIGRANT VISAS FOR CHILDREN (d) NONABATEMENT OF ACTIONS.—No suit, ‘‘(A) that is completed under the laws of TRAVELING TO THE UNITED STATES action, or other proceeding commenced by or the child’s country of residence or the State TO BE ADOPTED BY A UNITED against the Department of State, the Immi- law of the parent’s residence; STATES CITIZEN. gration and Naturalization Service, or the ‘‘(B) under which a person is granted full (a) IN GENERAL.—Section 101(a)(15) of the Department of Homeland Security, or by or and legal custody of the adopted child; Immigration and Nationality Act (8 U.S.C. against any individual in the official capac- ‘‘(C) that has the force and effect of sev- 1101(a)(15)) is amended— ity of such individual as an officer or em- ering the child’s legal ties to the child’s bio- (1) by striking ‘‘or’’ at the end of subpara- ployee in connection with a function trans- logical parents; graph (U); ferred pursuant to this section, shall abate ‘‘(D) under which the adoptive parents (2) by striking the period at the end of sub- by reason of the enactment of this Act. meet the requirements of section 925 of the paragraph (V) and inserting ‘‘; or’’; and (e) CONTINUANCE OF SUIT WITH SUBSTI- Intercountry Adoption Reform Act of 2005; (3) by adding at the end the following: TUTION OF PARTIES.—If any Government offi- and ‘‘(W) an adoptable child who is coming into cer in the official capacity of such officer is ‘‘(E) under which the child has been adju- the United States for adoption by a United party to a suit with respect to a function of dicated to be an adoptable child in accord- States citizen and a spouse jointly or by an the officer, and pursuant to this subtitle ance with section 926 of the Intercountry unmarried United States citizen at least 25 such function is transferred to any other of- Adoption Reform Act of 2005.’’. years of age, who has been approved to ficer or office, then such suit shall be contin- (b) EFFECTIVE DATE.—This section shall adopt.’’. ued with the other officer or the head of such take effect as if enacted on January 1, 1950. (b) TERMINATION OF PERIOD OF AUTHORIZED other office, as applicable, substituted or SEC. 922. REVISED PROCEDURES. ADMISSION.—Section 214 of the Immigration added as a party. Notwithstanding any other provision of and Nationality Act (8 U.S.C. 1184) is amend- (f) ADMINISTRATIVE PROCEDURE AND JUDI- law, the following requirements shall apply ed by adding at the end the following: CIAL REVIEW.—Except as otherwise provided with respect to the adoption of foreign born ‘‘(s) In the case of a nonimmigrant de- by this subtitle, any statutory requirements children by United States citizens: scribed in section 101(a)(15)(W), the period of relating to notice, hearings, action upon the (1) Upon completion of a full and final authorized admission shall terminate on the record, or administrative or judicial review adoption, the Secretary shall issue a United earlier of— that apply to any function transferred pursu- States passport and a Consular Report of ‘‘(1) the date on which the adoption of the ant to any provision of this subtitle shall Birth for a child who satisfies the require- nonimmigrant is completed by the courts of apply to the exercise of such function by the ments of section 921 of the Immigration and the State where the parents reside; or head of the office, and other officers of the Nationality Act (8 U.S.C. 1431), as amended ‘‘(2) the date that is 4 years after the date office, to which such function is transferred by section 921 of this Act, upon application of admission of the nonimmigrant into the pursuant to such provision. by a United States citizen parent. United States, unless a petitioner is able to SEC. 918. EFFECTIVE DATE. (2) An adopted child described in paragraph show cause as to why the adoption could not This subtitle shall take effect 180 days (1) shall not require the issuance of a visa for be completed prior to such date and the Sec- after the date of enactment of this Act. travel and admission to the United States retary of State extends such period for the Subtitle B—Reform of United States Laws but shall be admitted to the United States period necessary to complete the adoption.’’. Governing Intercountry Adoptions upon presentation of a valid, unexpired (c) TEMPORARY TREATMENT AS LEGAL PER- SEC. 921. AUTOMATIC ACQUISITION OF CITIZEN- United States passport. MANENT RESIDENT.—Notwithstanding any SHIP FOR ADOPTED CHILDREN (3) No affidavit of support under section other law, all benefits and protections that BORN OUTSIDE THE UNITED 213A of the Immigration and Nationality Act apply to a legal permanent resident shall STATES. (8 U.S.C. 1183a) shall be required in the case apply to a nonimmigrant described in sec- (a) AMENDMENTS OF AUTOMATIC CITIZENSHIP of any adoptable child. tion 101(a)(15)(W) of the Immigration and Na- PROVISIONS.—Section 320 of the Immigration (4)(A) The Secretary shall require that tionality Act, as added by subsection (a), and Nationality Act (8 U.S.C. 1431) is amend- agencies provide prospective adoptive par- pending a full and final adoption. ed— ents an opportunity to conduct an inde- (d) EXCEPTION FROM IMMUNIZATION RE- (1) by amending the section heading to pendent medical exam and a copy of any QUIREMENT FOR CERTAIN ADOPTED CHIL- read as follows: ‘‘CHILDREN BORN OUTSIDE medical records of the child known to exist DREN.—Section 212(a)(1)(C) of the Immigra- THE UNITED STATES; CONDITIONS UNDER (to the greatest extent practicable, these tion and Nationality Act (8 U.S.C. WHICH CITIZENSHIP AUTOMATICALLY AC- documents shall include an English trans- 1182(a)(1)(C)) is amended— QUIRED’’; and lation) on a date that is not later than the (1) in the heading by striking ‘‘10 YEARS’’ (2) in subsection (a), by striking para- earlier of the date that is 2 weeks before the and inserting ‘‘18 YEARS’’; and graphs (1) through (3) and inserting the fol- adoption, or the date on which prospective (2) in clause (i), by striking ‘‘10 years’’ and lowing: adoptive parents travel to such a foreign inserting ‘‘18 years’’. ‘‘(1) Upon the date the adoption becomes country to complete all procedures in such (e) REGULATIONS.—Not later than 90 days full and final, at least 1 parent of the child country relating to adoption. after the date of enactment of this Act, the is a citizen of the United States, whether by (B) The Secretary shall not require an Secretary shall prescribe such regulations as birth or naturalization, who has been phys- adopted child described in paragraph (1) to may be necessary to carry out this section. ically present in the United States or its undergo a medical exam for the purpose of SEC. 924. DEFINITION OF ADOPTABLE CHILD. outlying possessions for a period or periods excluding the child’s immigration to the (a) IN GENERAL.—Section 101(c) of the Im- totaling not less than 5 years, at least 2 of United States. migration and Nationality Act (8 U.S.C. which were after attaining the age of 14 (5) The Secretary shall take necessary 1101(c)) is amended by adding at the end the years. Any periods of honorable service in measures to ensure that all prospective following: the Armed Forces of the United States, or adoptive parents adopting internationally ‘‘(3) The term ‘adoptable child’ means an periods of employment with the United are provided with training that includes unmarried person under the age of 18— States Government or with an international counseling and guidance for the purpose of ‘‘(A)(i) whose biological parents (or parent, organization as that term is defined in sec- promoting a successful intercountry adop- in the case of a child who has one sole or sur- tion 1 of the International Organizations Im- tion before such parents travel to adopt the viving parent) or other persons or institu- munities Act (22 U.S.C. 288) by such citizen child or the child is placed with such parents tions that retain legal custody of the child— parent, or any periods during which such cit- for adoption. ‘‘(I) have freely given their written irrev- izen parent is physically present abroad as (6) The Secretary shall take necessary ocable consent to the termination of their the dependent unmarried son or daughter measures to ensure that— legal relationship with the child, and to the and a member of the household of a person— (A) prospective adoptive parents are given child’s emigration and adoption and that ‘‘(A) honorably serving with the Armed full disclosure of all direct and indirect costs such consent has not been induced by pay- Forces of the United States; or of intercountry adoption before they are ment or compensation of any kind and has ‘‘(B) employed by the United States Gov- matched with child for adoption; not been given prior to the birth of the child; ernment or an international organization as (B) fees charged in relation to the inter- ‘‘(II) are unable to provide proper care for defined in section 1 of the International Or- country adoption be on a fee for service basis the child, as determined by the competent ganizations Immunities Act (22 U.S.C. 288); not on a contingent fee basis; and authority of the child’s residence; or

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‘‘(III) have voluntarily relinquished the (3) DECISION.—Within 30 days of receipt of that may be prescribed by law, to a civil child to the competent authorities pursuant the petitioner’s response the Office must money penalty of not more than $50,000 for a to the law of the child’s residence; or reach a final decision regarding the eligi- first violation, and not more than $100,000 for ‘‘(ii) who, as determined by the competent bility of the petitioner to adopt. Notice of a each succeeding violation if such person— authority of the child’s residence— formal decision must be delivered in writing. (1) violates a provision of this title or an ‘‘(I) has been abandoned or deserted by (4) RIGHT TO AN APPEAL.—Unfavorable deci- amendment made by this title; their biological parent, parents, or legal sions may be appealed to the Department of (2) makes a false or fraudulent statement, guardians; or State and, after the exhaustion of the appro- or misrepresentation, with respect to a ma- ‘‘(II) has been orphaned due to the death or priate appeals process of the Department, to terial fact, or offers, gives, solicits, or ac- disappearance of their biological parent, par- a United States district court. cepts inducement by way of compensation, ents, or legal guardians; (5) REGULATIONS REGARDING APPEALS.—Not intended to influence or affect in the United ‘‘(B) with respect to whom the Secretary of later than 6 months after the date of enact- States or a foreign country— State is satisfied that the proper care will be ment of this Act, the Secretary shall pro- (A) a decision for an approval under title furnished the child if admitted to the United mulgate formal regulations regarding the II; States; process for appealing the denial of a petition. (B) the relinquishment of parental rights ‘‘(C) with respect to whom the Secretary of SEC. 926. ADJUDICATION OF CHILD STATUS. or the giving of parental consent relating to the adoption of a child; or State is satisfied that the purpose of the (a) IN GENERAL.—Prior to the issuance of a adoption is to form a bona fide parent-child full and final adoption decree or a visa under (C) a decision or action of any entity per- relationship and that the parent-child rela- section 101(a)(15)(W) of the Immigration and forming a central authority function; or (3) engages another person as an agent, tionship of the child and the biological par- Nationality Act, as added by section 923(a) of whether in the United States or in a foreign ents has been terminated (and in carrying this Act— country, who in the course of that agency out both obligations under this subparagraph (1) the Office shall obtain from the com- takes any of the actions described in para- the Secretary of State, in consultation with petent authority of the country of the child’s graph (1) or (2). the Secretary of Homeland Security, may residence a certification, together with docu- (b) CIVIL ENFORCEMENT.— consider whether there is a petition pending mentary support, that the child sought to be (1) AUTHORITY OF ATTORNEY GENERAL.—The to confer immigrant status on one or both of adopted meets the description of an adopt- Attorney General may bring a civil action to the biological parents); able child; and enforce subsection (a) against any person in ‘‘(D) with respect to whom the Secretary of (2) not later than 15 days after the date of any United States district court. State, is satisfied that there has been no in- the receipt of the certification referred to in (2) FACTORS TO BE CONSIDERED IN IMPOSING ducement, financial or otherwise, offered to paragraph (1), the Office shall make a final PENALTIES.—In imposing penalties the court obtain the consent nor was it given before determination on whether the certification shall consider the gravity of the violation, the birth of the child; and the documentary support are sufficient the degree of culpability of the defendant, ‘‘(E) with respect to whom the Secretary of to meet the requirements of this section or and any history of prior violations by the de- State, in consultation with the Secretary of whether additional investigation or informa- fendant. Homeland Security, is satisfied that the per- tion is required. (c) CRIMINAL PENALTIES.—Whoever know- son is not a security risk; and (b) PROCESS FOR DETERMINATION.— ingly and willfully commits a violation de- ‘‘(F) whose eligibility for adoption and (1) IN GENERAL.—The Ambassador at Large scribed in paragraph (1) or (2) of subsection emigration to the United States has been shall work with the competent authorities of (a) shall be subject to a fine of not more than certified by the competent authority of the the child’s country of residence to establish $250,000, imprisonment for not more than 5 country of the child’s place of birth or resi- a uniform, transparent, and efficient process years, or both. dence.’’. for the exchange and approval of the certifi- (b) CONFORMING AMENDMENT.—Section cation and documentary support required SA 331. Mr. SMITH submitted an 204(d) of the Immigration and Nationality under subsection (a). amendment intended to be proposed by Act (8 U.S.C. 1154(d)) is amended by inserting (2) NOTICE OF INTENT.—If the Office finds him to the bill S. 600, to authorize ap- ‘‘and an adoptable child as defined in section that the certification submitted by the com- propriations for the Department of 101(c)(3)’’ before ‘‘unless a valid home- petent authority of the child’s country of or- study’’. State and international broadcasting igin is not readily approvable, the Office activities for fiscal years 2006 and 2007, SEC. 925. APPROVAL TO ADOPT. shall— (a) IN GENERAL.—Prior to the issuance of a (A) notify the competent authority and the for the Peace Corps for fiscal years 2006 visa under section 101(a)(15)(W) of the Immi- prospective adoptive parents, in writing, of and 2007, for foreign assistance pro- gration and Nationality Act, as added by sec- the specific reasons why the certification is grams for fiscal years 2006 and 2007, and tion 923(a) of this Act, or the issuance of a not sufficient; and for other purposes; which was ordered full and final adoption decree, the United (B) provide the competent authority and to lie on the table; as follows: States citizen adoptive parent shall have ap- the prospective adoptive parents the oppor- At the end of title IV, add the following proved by the Office a petition to adopt. tunity to address the stated insufficiencies. new section: Such petition shall be subject to the same (3) PETITIONERS RIGHT TO RESPOND.—Upon terms and conditions as are applicable to pe- SEC. 405. UNITED NATIONS REFORM. receiving a notice of intent to find that a (a) POLICY STATEMENTS.—It shall be the titions for classification under section 204.3 certification is not readily approvable, the policy of the United States to use its voice, of title 8 of the Code of Federal Regulations, prospective adoptive parents shall have 30 vote and influence— as in effect on the day before the date of en- days to respond to such notice. (1) to strengthen the effectiveness and actment of this Act. (4) DECISION.—Not later than 30 days after independence of the United Nations Office of (b) EXPIRATION OF APPROVAL.—Approval to the date of receipt of a response submitted adopt under this Act is valid for 24 months Internal Oversight Service; under paragraph (3), the Office must reach a from the date of approval. Nothing in this (2) to ensure a credible, respectable Human final decision regarding the child’s eligi- section may prevent the Secretary of Home- Rights organization within the United Na- land Security from periodically updating the bility as an adoptable child. Notice of such tions whose participating members uphold fingerprints of an individual who has filed a decision must be in writing. the values enumerated in the 30 articles of petition for adoption. (5) RIGHT TO AN APPEAL.—Unfavorable deci- the Universal Declaration of Human Rights; (c) EXPEDITED REAPPROVAL PROCESS OF sions on a certification may be appealed to (3) to urge the United Nations to imple- FAMILIES PREVIOUSLY APPROVED TO ADOPT.— the Department of State and, after the ex- ment management reforms to improve its The Secretary shall prescribe such regula- haustion of the appropriate appeals process operational ability and utility, including— tions as may be necessary to provide for an of the Department, to a United States dis- (A) the adoption of a General Assembly expedited and streamlined process for fami- trict court. resolution that provides for the automatic lies who have been previously approved to Subtitle C—Funding sunsetting of all United Nations programs, adopt and whose approval has expired, so SEC. 931. FUNDS. projects, or activities without explicit reau- thorization by the General Assembly and the long as not more than 3 years have lapsed The Secretary shall provide the Ambas- inclusion of a sunset provision in every new since the original application. sador at Large with such funds as may be (d) DENIAL OF PETITION.— General Assembly resolution that estab- necessary for— (1) NOTICE OF INTENT.—If the officer adjudi- lishes a program, project, or activity; and (1) the hiring of staff for the Office; cating the petition to adopt finds that it is (B) the adoption of a General Assembly (2) investigations conducted by the Office; not readily approvable, the officer shall no- resolution that prevents growth in the total and tify the petitioner, in writing, of the officer’s number of United Nations personnel or posi- (3) travel and other expenses necessary to intent to deny the petition. Such notice tions, including outside contractors, from carry out this Act. shall include the specific reasons why the pe- the number that are currently employed or tition is not readily approvable. Subtitle D—Enforcement contracted by the United Nations as of the (2) PETITIONERS RIGHT TO RESPOND.—Upon SEC. 941. ENFORCEMENT. date of the enactment of this Act; and receiving a notice of intent to deny, the peti- (a) CIVIL PENALTIES.—A person shall be (4) to actively pursue weighted voting on tioner has 30 days to respond to such notice. subject, in addition to any other penalty budgetary and financial matters both in the

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3336 CONGRESSIONAL RECORD — SENATE April 6, 2005 Administrative and Budgetary Committee body it aspires to join shall be ineligible for Forces Agreement (SOFA) or other official and the General Assembly of the United Na- membership on such body. document creating, outlining, or governing tions in accordance with the level of finan- (E) Agenda item 8 is abolished. the peacekeeping operation; cial contributions of the Member States to (9) The Office of the High Commissioner on (iii) the creation of a model Memorandum the regular budget of the United Nations. Human Rights has been given greater au- of Understanding between the United Na- (b) WITHHOLDING OF CONTRIBUTIONS.—Fifty thority in field operation activities, such as tions and each troop contributing country percent of the funds made available in each in Darfur and the Democratic Republic of which requires each troop contributing coun- fiscal year for the assessed contribution of the Congo, in furtherance of the purpose and try to refer any investigation of a violation the United States to the United Nations reg- mission of the United Nations. of the Code of Conduct or other criminal ac- ular budget shall be withheld from obliga- (d) REPORT ON UNITED NATIONS REFORM.— tivity by its nationals to its competent na- tion and expenditure until the Secretary has (1) IN GENERAL.—Not later than 180 days tional or military authority for prosecution; submitted to the appropriate congressional after the date of the enactment of this Act, and committees the certification described in and annually thereafter, the Secretary shall (iv) the establishment of performance eval- subsection (c) and the report described in submit a report to the appropriate congres- uations for program managers and area com- subsection (d). sional committees on United Nations reform. manders that includes an assessment of ef- (c) CERTIFICATION.—The Secretary shall (2) CONTENT.—The report required under forts to prevent and address allegations of certify to the appropriate congressional paragraph (1) shall describe— abuse of the Code of Conduct or other crimi- committees that the following conditions (A) the status of the implementation of nal activities by those under their authority. have been met: management reforms within the United Na- (C) An independent investigative and audit (1) The United Nations has met the re- tions and its specialized agencies; quirements under paragraphs (1) through (6) function has been established within each (B) the number of outputs, reports, or United Nations peacekeeping mission. of section 401(b) of the Foreign Relations Au- other items generated by General Assembly thorization Act, Fiscal Years 1994 and 1995 (3) REPORT.—Not later than 180 days after resolutions that have been eliminated, in- the date of the enactment of this Act, and (Public Law 103–236; 108 Stat. 446). cluding those that were eliminated as a re- (2) The United Nations Office of Internal annually thereafter, the Secretary shall sub- sult of the results based budgeting process; mit a report to the appropriate congressional Oversight Service has fulfilled the directive (C) the continued utility and relevance of in General Assembly Resolution 48/218B to committees detailing— the Economic and Financial Committee and (A) the financial compensation provided by make all of its reports available to the Gen- the Social, Humanitarian, and Cultural Com- eral Assembly, with modifications to those the United Nations to countries that con- mittee, given the duplicative agendas of tribute troops to United Nations peace- reports that would violate confidentiality or those committees and the Economic and So- keeping operations for each current peace- the due process rights of individuals involved cial Council; keeping mission in operation; in any investigation. (D) the extent to which the Board of Exter- (B) the financial compensation each troop (3) The United Nations Office of Internal nal Auditors is an independent entity within contributing country provides to individual Oversight Service is not subject to the budg- the United Nations and not subject to the peacekeepers who participate in United Na- et or organizational authority of any entity budget authority or organizational authority tions peacekeeping operations; and within the United Nations other than the of any authority within the United Nations (C) the amount of money that the United Secretary-General for purposes of nomina- other than the Secretary-General for pur- Nations contributes to troop contributing tion of its Director. poses of nomination of its Director; (4) The United Nations Office of Internal (E) the need for a United Nations Office of countries to United Nations peacekeeping Oversight Service receives the totality of Special Investigator to investigate senior operations that is not directly provided to operational and budgetary resources through United Nations officials or allegations of se- individuals serving in United Nations peace- appropriations by the United Nations Gen- rious misconduct involving United Nations keeping operations. eral Assembly and is not dependent upon any activities in circumstances where an investi- SA 332. Mrs. LINCOLN submitted an other bureau, division, department, or spe- gator independent of the United Nations is cialized agency of the United Nations for necessary to maintain public confidence in amendment intended to be proposed by such funding. the integrity of the investigation; and her to the bill S. 600, to authorize ap- (5) Any official of any bureau, division, de- (F) the need for an independent United Na- propriations for the Department of partment, or specialized agency of the tions Ethics Office within the United Na- State and international broadcasting United Nations, including the Secretary- tions to establish and monitor general rules activities for fiscal years 2006 and 2007, General, may make a recommendation to the of ethics and conduct, including the program for the Peace Corps for fiscal years 2006 United Nations Office of Internal Oversight of financial disclosure. and 2007, for foreign assistance pro- Service to initiate an investigation of any (e) PEACEKEEPING CONTRIBUTIONS.— grams for fiscal years 2006 and 2007, and aspect of the United Nations system. (1) WITHHOLDING OF FUNDS.—Beginning 90 (6) The United Nations Office of Internal days after the date of the enactment of this for other purposes; which was ordered Oversight Service has the authority to audit, Act, 50 percent of the funds made available to lie on the table; as follows: inspect, or investigate each program, in each fiscal year for the assessed contribu- At the end of division A, insert the fol- project, or activity funded by the United Na- tion of the United States to the United Na- lowing new title: tions, including the Secretary-General, and tions peacekeeping operations budget shall TITLE IX—INTERNATIONAL PARENTAL each executive board created under the be withheld from obligation and expenditure CHILD ABDUCTION PREVENTION United Nations has been notified in writing unless the certification described in para- SEC. 901. SHORT TITLE. of that authority. graph (2) has been transmitted to the appro- This title may be cited as the ‘‘Inter- (7) The United Nations Office of Internal priate congressional committees. national Parental Child Abduction Preven- Oversight Service Director is authorized to (2) CERTIFICATION.—The Secretary of State tion Act of 2005’’. accept informational leads and testimony on shall certify to the appropriate congressional SEC. 902. INADMISSIBILITY OF ALIENS SUP- allegations of wrongdoing by United Nations committees that the following reforms have PORTING INTERNATIONAL CHILD officials and entities pursuant to or initi- been instituted by the United Nations De- ABDUCTORS AND RELATIVES OF ating a formal Office of Internal Oversight partment of Peacekeeping Operations: SUCH ABDUCTORS. Service investigation. (A) Adoption of a uniform Code of Conduct (a) IN GENERAL.—Section 212(a)(10)(C)(ii) of (8) The following human rights reforms for United Nations peacekeeping operations the Immigration and Nationality Act (8 have been adopted by the United Nations: that applies equally to all military and civil- U.S.C. 1182(a)(10)(C)(ii)) is amended by strik- (A) Any Member State of the United Na- ian personnel, regardless of category, which ing subclause (III) and inserting the fol- tions that fails to uphold the values enumer- would include measures to prevent the em- lowing: ated in the 30 articles of the Universal Dec- ployees, contractor personnel, and peace- ‘‘(III) is a spouse (other than a spouse who laration of Human Rights shall be ineligible keeping forces of the United Nations from is the parent of the abducted child), son or for membership on any United Nations trafficking in persons, exploiting victims of daughter (other than the abducted child), human rights body. trafficking, or committing acts of illegal grandson or granddaughter (other than the (B) Any Member State that is subject to sexual exploitation. abducted child), parent, grandparent, sibling, sanctions by the United Nations Security (B) Mechanisms for the enforcement of the cousin, uncle, aunt, nephew, or niece of an Council shall be ineligible for membership on Code of Conduct described in subparagraph alien described in clause (i), or is a spouse of any United Nations human rights body. (A) have been implemented, including— the abducted child described in clause (i), if (C) Any Member State that is currently (i) the compilation and maintenance of a such person has been designated by the Sec- subject to an agenda item 9 country-specific data base to track violators of the Code of retary of State, at the Secretary of State’s resolution or has been the subject of an item Conduct in order to ensure that they may sole and unreviewable discretion, 9 country-specific resolution within the last never again serve in a United Nations peace- is inadmissible until the child described in 2 years shall be ineligible for membership on keeping operation; clause (i) is surrendered to the person grant- any United Nations human rights body. (ii) the inclusion of provisions for the con- ed custody by the order described in that (D) Any Member State that violates the duct of court martial proceedings while vio- clause, and such person and child are per- principles of a United Nations human rights lators are still in-country in each Status of mitted to return to the United States or

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 6, 2005 CONGRESSIONAL RECORD — SENATE S3337 such person’s place of residence, or until the tionality of the aliens concerned, in which ulatory Reform of the Government- abducted child is 21 years of age (unless the the name of an alien was placed in the Con- Sponsored Enterprises.’’ Secretary determines that an abducted child sular Lookout and Support System on the The PRESIDING OFFICER. Without who is 21 years of age or older is unable to basis of the inadmissibility of the alien or objection, it is so ordered. travel freely in accordance with such indi- potential inadmissibility under section vidual’s wishes).’’. 212(a)(10)(C) of the Immigration and Nation- COMMITTEE ON ENERGY AND NATURAL (b) AUTHORITY TO CANCEL CERTAIN DES- ality Act (as so amended) during the report- RESOURCES IGNATIONS; IDENTIFICATION OF ALIENS SUP- ing period. Mr. LUGAR. Mr. President, I ask PORTING ABDUCTORS AND RELATIVES OF AB- (D) The cumulative total number of names, unanimous consent that the committee DUCTORS; ENTRY OF ABDUCTORS AND OTHER disaggregated according to the nationality of on energy and natural resources be au- INADMISSIBLE ALIENS IN THE CONSULAR LOOK- the aliens concerned, known to the Sec- thorized to meet during the session of OUT AND SUPPORT SYSTEM.—Section retary to appear in the Consular Lookout the Senate on Wednesday, April 6, at 10 212(a)(10)(C) of the Immigration and Nation- and Support System on the basis of the inad- ality Act (8 U.S.C. 1182(a)(10)(C)) is amended a.m. missibility of the alien or potential inadmis- The purpose of the hearing is to con- by adding at the end the following: sibility under section 212(a)(10)(C) of the Im- ‘‘(iv) AUTHORITY TO CANCEL CERTAIN DES- migration and Nationality Act (as so amend- sider the nomination of David Garman IGNATIONS.—The Secretary of State may, at ed) at the end of the reporting period. to be Under Secretary of Energy. the Secretary of State’s sole and The PRESIDING OFFICER. Without unreviewable discretion, at any time, cancel f objection, it is so ordered. a designation made pursuant to clause NOTICES OF HEARINGS/MEETINGS COMMITTEE ON ENVIRONMENTAL AND PUBLIC (ii)(III). WORKS ‘‘(v) IDENTIFICATION OF ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF ABDUCTORS.—In Mr. LUGAR. Mr. President. I ask COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- all instances in which the Secretary of State RESOURCES knows that an alien has committed an act mittee on Environment and Public described in clause (i), the Secretary of State Mr. DOMENICI. Mr. President, I Works be authorized to meet on shall take appropriate action to identify the would like to announce for the infor- Wednesday, April 6, 2005, at 9:15 a.m. to individuals who are potentially inadmissible mation of the Senate and the public conduct a hearing regarding the fol- under clause (ii). that the following hearing has been lowing nominations: ‘‘(vi) ENTRY OF ABDUCTORS AND OTHER INAD- scheduled before the Committee On En- Panel I: Stephen Johnson, nominated MISSIBLE PERSONS IN CONSULAR LOOKOUT AND ergy and Natural Resources. by the President to be the Adminis- SUPPORT SYSTEM.—In all instances in which The hearing will be held on Thurs- the Secretary of State knows that an alien trator of the United States Environ- has committed an act described in clause (i), day, April 14, at 10 a.m. in room 366 of mental Protection Agency (EPA). the Secretary of State shall take appropriate the Dirksen Senate Office Building in Panel II: Luis Luna—nominated by action to cause the entry into the Consular Washington, DC. the President to be EPA’s Assistant Lookout and Support System of the name or The purpose of the hearing is to re- Administrator for Administration and names of, and identifying information about, ceive testimony on S. 388, a bill that Resource Management; John Paul such individual and of any persons identified would direct the Secretary of Energy pursuant to clause (v) as potentially inad- Woodley, Jr.—nominated by the Presi- to promote the adoption of tech- dent to be Assistant Secretary of the missible under clause (ii). nologies that reduce greenhouse gas in- ‘‘(vii) DEFINITIONS.—In this subparagraph: Army for Civil Works; Major General ‘‘(I) CHILD.—The term ‘child’ means an in- tensity, provide credit-based financial Don Riley, United States Army—nomi- dividual who was a child at the time the in- assistance and investment protection nated by the President to be a Member dividual was detained or retained, or at the for projects that employ advanced cli- and President of the Mississippi River time custody of the individual was withheld, mate technologies or systems and es- Commission; Brigadier General Wil- as described in clause (i) regardless of mar- tablish a national greenhouse gas reg- liam T. Grisoli, United States Army— ital status. istry. nominated by the President to be a ‘‘(II) SIBLING.—The term ‘sibling’ includes Because of the limited time available step-siblings and half-siblings.’’. Member of the Mississippi River Com- (c) ANNUAL REPORT.— for this hearing, witnesses may testify mission; D. Michael Rappoport—nomi- (1) IN GENERAL.—Not later than 180 days by invitation only. However, those nated by the President to be a Member after the date of enactment of this Act, and wishing to submit written testimony of the Board of Trustees of the Morris each February 1 thereafter for 4 years, the for the hearing record should send two K. Udall Foundation; and Michael But- Secretary shall submit to the appropriate copies of their testimony to the Com- ler—nominated by the President to be congressional committees, the Committee on mittee on Energy and Natural Re- the Judiciary of the Senate, and the Com- a Member of the Board of Trustees of sources, United States Senate, SD–364 the Morris K. Udall Foundation. mittee on the Judiciary of the House of Rep- Dirksen Senate Office Building, Wash- resentatives, an annual report that describes The hearing will be held in SD 406. the operation of section 212(a)(10)(C) of the ington, DC 20510–6150. The PRESIDING OFFICER. Without Immigration and Nationality Act (8 U.S.C. For further information, please con- objection, it is so ordered. 1182(a)(10)(C)), as amended by this section, tact: Shane Perkins at 202–224–7555. COMMITTEE ON HEALTH, EDUCATION, LABOR AND during the prior calendar year to which the COMMITTEE ON AGRICULTURE, NUTRITION, AND PENSIONS report pertains. FORESTRY Mr. LUGAR. Mr. President, I ask (2) CONTENT.—Each annual report sub- Mr. LUGAR. Mr. President, I ask unanimous consent that the Com- mitted in accordance with paragraph (1) unanimous consent that the committee mittee on Health, Education, Labor, shall specify, to the extent that cor- responding data is reasonably available, the on Agriculture, Nutrition and Forestry and Pensions be authorized to hold a following: be authorized to conduct a hearing dur- hearing during the session of the Sen- (A) The number of cases known to the Sec- ing the session of the Senate on ate on Wednesday, April 6, 2005 at 9:30 retary, disaggregated according to the na- Wednesday, April 6, 2005. The purpose a.m. in SD–562. tionality of the aliens concerned, in which a of this hearing will be to consider the The PRESIDING OFFICER. Without visa was denied to an applicant on the basis nomination of Charles F. Conner to be objection, it is so ordered. of the inadmissibility of the applicant under Deputy Secretary of Agriculture for SELECT COMMITTEE ON INTELLIGENCE section 212(a)(10)(C) of the Immigration and the United States Department of Agri- Nationality Act (as so amended) during the Mr. LUGAR. Mr. President, I ask reporting period. culture. unanimous consent that the Select (B) The cumulative total number of cases The PRESIDING OFFICER. Without Committee on Intelligence be author- known to the Secretary, disaggregated ac- objection, it is so ordered. ized to meet during the session of the cording to the nationality of the aliens con- COMMITTEE ON BANKING, HOUSING, AND URBAN Senate on April 6, 2005 at 2:30 p.m. to cerned, in which a visa was denied to an ap- AFFAIRS hold a closed briefing. plicant on the basis of the inadmissibility of Mr. LUGAR. Mr. President, I ask The PRESIDING OFFICER. Without the applicant under section 212(a)(10)(C) of unanimous consent that the committee objection, it is so ordered. the Immigration and Nationality Act (as so SUBCOMMITTEE ON AIRLAND amended) since the beginning of the first re- on banking, housing, and urban affairs porting period. be authorized to meet during the ses- Mr. LUGAR. Mr. President, I ask (C) The number of cases known to the Sec- sion of the Senate on April 6, 2005, at unanimous consent that the Sub- retary, disaggregated according to the na- 9:30 a.m. to conduct a hearing on ‘‘Reg- committee on Airland be authorized to

VerDate Mar 15 2010 20:25 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06AP5.REC S06AP5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3338 CONGRESSIONAL RECORD — SENATE April 6, 2005 meet during the session of the Senate RECOGNIZING THE 50TH ANNIVER- The legislative clerk read as follows: on April 6, 2005, at 2:30 p.m., in open SARY OF THE SALK POLIO VAC- A concurrent resolution (H. Con. Res. 34) session to receive testimony on tac- CINE honoring the life and contributions of Yogi tical aviation programs, in review of Mr. ENZI. Mr. President, I ask unani- Bhajan, a leader of Sikhs, and expressing the defense authorization request for condolences to the Sikh community on his mous consent the Senate now proceed passing. fiscal year 2006. to the consideration of S. Res. 101, The PRESIDING OFFICER. Without which was submitted earlier today. There being no objection, the Senate objection, it is so ordered. The PRESIDING OFFICER. The proceeded to consider the concurrent SUBCOMMITTEE ON READINESS AND clerk will report the resolution by resolution. MANAGEMENT SUPPORT title. Mr. ENZI. Mr. President, I ask unani- Mr. LUGAR. Mr. President, I ask The legislative clerk read as follows: mous consent that the concurrent reso- lution and preamble be agreed to en unanimous consent that the Sub- A resolution (S. Res. 101) recognizing the committee on Readiness and Manage- 50th anniversary of the development of the bloc, the motion to reconsider be laid ment Support be authorized to meet Salk polio vaccine and its importance in upon the table, and that any state- during the session of the Senate on eradicating the incidence of polio. ments relating thereto be printed in April 6, 2005, at 9:30 a.m., in open ses- There being no objection, the Senate the RECORD, without intervening ac- sion to receive testimony on military proceeded to consider the resolution. tion or debate. installation programs in review of the Mr. ENZI. I ask unanimous consent The PRESIDING OFFICER. Without defense authorization request for fiscal that resolution be agreed to, the pre- objection, it is so ordered. year 2006. amble be agreed to, and the motion to The concurrent resolution (H. Con. The PRESIDING OFFICER. Without reconsider be laid upon the table. Res. 34) was agreed to. objection, it is so ordered. The PRESIDING OFFICER. Without The preamble was agreed to. f objection, it is so ordered. f The resolution (S. Res. 101) was UNANIMOUS CONSENT—H.R. 1268 ORDERS FOR THURSDAY, APRIL 7, agreed to. 2005 Mr. ENZI. Mr. President, I ask unani- The preamble was agreed to. mous consent at 3 p.m. on Monday, the The resolution, with its preamble, is Mr. ENZI. Mr. President, I ask unani- Senate begin consideration of Calendar as follows: mous consent that when the Senate No. 67, H.R. 1268, the supplemental ap- S. RES. 101 completes its business today, it stand propriations bill. Whereas the epidemic of polio struck the in adjournment until 10 a.m. on Thurs- The PRESIDING OFFICER. Without citizens of the United States in the early day, April 7. I further ask consent that objection, it is so ordered. 1950s, causing thousands of cases of lingering following the prayer and pledge, the f paralysis and death; morning hour be deemed expired, the Whereas the epidemic of polio peaked in Journal of proceedings be approved to APPOINTMENTS 1952, having affected nearly 58,000 people, date, the time for the two leaders be The PRESIDING OFFICER. The mainly children and young adults; reserved, and the Senate then begin a Chair announces, on behalf of the Sec- Whereas many of those affected by polio period of morning business with Sen- needed the assistance of mechanical ventila- retary of the Senate, pursuant to Pub- tors in order to breathe, while others were ators permitted to speak for up to 10 lic Law 101–509, the appointment of crippled and dependent upon crutches for minutes each. Paul Gherman, of Tennessee, to the mobility; The PRESIDING OFFICER. Without Advisory Committee on the Records of Whereas University of Pittsburgh faculty objection, it is so ordered. Congress. member Dr. Jonas Salk and his team of re- f The PRESIDING OFFICER. The searchers developed the first vaccine against Chair announces, on behalf of the Ma- polio; PROGRAM jority Leader, pursuant to Public Law Whereas, in April 1955, the results of an un- Mr. ENZI. Mr. President, tomorrow precedented and successful nationwide clin- the Senate will be in a period of morn- 101–509, the re-appointment of Alan C. ical trial of the polio vaccine were an- Lowe, of Tennessee, to the Advisory nounced; ing business throughout the day. A Committee on the Records of Congress. Whereas the Salk polio vaccine was ap- number of our colleagues will be trav- f proved for widespread public use at that eling to Rome to attend the funeral of time; and Pope John Paul II. We will return next EXECUTIVE SESSION Now, therefore, be it week and begin consideration of the Resolved, That the Senate— Iraq-Afghanistan supplemental appro- (1) recognizes the pioneering achievement NOMINATION OF JOHN B. priations bill. Senators should expect a of Dr. Jonas Salk and his team of research- busy week with rollcall votes through- BELLINGER, TO BE LEGAL ADVI- ers at the University of Pittsburgh in the de- SOR OF THE DEPARTMENT OF velopment of the Salk polio vaccine; out. Senators should be aware that we STATE (2) expresses its appreciation to— will have a Monday evening vote at ap- (A) the family of Dr. Salk for the elimi- proximately 5:15, and we will lock that Mr. ENZI. Mr. President, I ask unani- nation of polio, a disease that caused count- in tomorrow morning. mous consent that the Senate imme- less deaths and disabling consequences; f diately proceed to executive session to (B) the members of Dr. Salk’s research consider the following nomination on team; and ADJOURNMENT UNTIL 10 A.M. today’s Executive Calendar: Calendar (C) the individuals who generously agreed TOMORROW to participate in clinical trials to validate No. 30, John Bellinger, to be Legal Ad- Mr. ENZI. Mr. President, if there is visor to the Department of State. the efficacy of the polio vaccine; and (3) celebrates with the University of Pitts- no further business to come before the I further ask unanimous consent that burgh on the 50th anniversary of the ap- Senate, I ask unanimous consent that the nomination be confirmed, the mo- proval and use of the Salk polio vaccine. the Senate stand in adjournment under tion to reconsider be laid upon the f the previous order. table, the President be immediately There being no objection, the Senate, HONORING THE LIFE AND notified of the Senate’s action, and the at 8 p.m., adjourned until Thursday, CONTRIBUTIONS OF YOGI BHAJAN Senate then return to legislative ses- April 7, 2005, at 10 a.m. sion. Mr. ENZI. Mr. President, I ask unani- f The PRESIDING OFFICER. Without mous consent that the Senate proceed objection, it is so ordered. to the immediate consideration of H. NOMINATIONS The nomination considered and con- Con. Res. 34, just received from the Executive nominations received by firmed is as follows: House and at the desk. the Senate April 6, 2005: DEPARTMENT OF STATE The PRESIDING OFFICER. The DEPARTMENT OF TRANSPORTATION clerk will report the concurrent resolu- John B. Bellinger, of Virginia, to be Legal MARIA CINO, OF VIRGINIA, TO BE DEPUTY SECRETARY Adviser of the Department of State. tion by title. OF TRANSPORTATION, VICE KIRK VAN TINE.

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IN THE AIR FORCE AARON A. WAGNER, 0000 DUANE A. GILES, 0000 LAURA T. * WELLS, 0000 JEFFERY B. GOLDMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC W. * YOUNG, 0000 DONALD P. HENRY, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAROL W. HUMPHRIES, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE NAVY KEITH A. LOWRY, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANNE M. MALIWAUKI, 0000 601: TO THE GRADE INDICATED IN THE UNITED STATES JAMES B. MILLER, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY L. MITSOFF, 0000 To be lieutenant general MICHAEL J. MURPHY, 0000 MAJ. GEN. MICHAEL A. HAMEL, 0000 To be captain LAWRENCE J. NOLAN, 0000 DAVID G. PASTULA, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JAMES W. CALDWELL, JR., 0000 VICTOR D. PRATT, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED RICHARD F. EICH, JR., 0000 CHRISTINE E. REIDELL, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531. MARTY G. LUTHER, 0000 JEFFREY L. ROBERSON, 0000 RICHARD J. PAPESCA, 0000 GRANT W. SODERSTROM, 0000 To be colonel PAUL E. STEPHAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SAMUEL G. SUMWALT, 0000 JOHN J. KUPKO II, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT POINTMENT IN THE GRADE INDICATED IN THE UNITED To be captain TO THE GRADE INDICATED IN THE UNITED STATES STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: AND 1552: DAVID K. CHAPMAN, 0000 To be captain JOSHUA L. COHEN, 0000 To be lieutenant colonel MICHAEL S. FLANAGAN, 0000 CHARLES E. ADAMS, 0000 BRIAN J. HALL, 0000 RODOLFO Q. ADVINCULA, 0000 GREGG W. ALLRED, 0000 JAMES M. OMALLEY, 0000 JOHN L. BEAN, 0000 JEFFREY A. FISHER, 0000 FRANK V. PORCELLINI, JR., 0000 ROBERT J. DECESARI, 0000 KEVIN S. GROVE, 0000 STEVE W. SHULTZ, 0000 ALLAN R. FLUHARTY, 0000 GERALD C. LEAKE, JR., 0000 ERIK G. STARK, 0000 DAVID M. GIBBS, 0000 ALBERT C. OESTERLE, 0000 PAUL C. VICINANZO, 0000 MICHAEL J. GOLDEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM V. WEINMAN, JR., 0000 LYNETTE M. HALBERT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR KENNETH L. HAMPTON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARTIN R. KRUGER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES BRUCE W. MIXER, 0000 To be lieutenant colonel NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY J. POLICH, 0000 STEPHEN E. VANGUNDY, 0000 To be captain MARK D. RAHMES, 0000 JAMES H. RODMAN, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT W. WORRINGER, 0000 TERREL J. SPEARS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR GREGORY D. SPRIGGS, 0000 FORCE, UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHERINE A. WALTER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES To be major NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES BRETT L. SWAIN, 0000 To be captain NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: IN THE ARMY MELISSA J. MACKAY, 0000 To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WALTER J. ADELMANN, JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES DOUGLAS C. BEYER, 0000 JUDGE ADVOCATE GENERAL’S CORPS AND FOR REGULAR NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: REY S. CONSUNJI, 0000 APPOINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER To be captain JOHN D. CROCE, 0000 TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: GAIL A. EMOW, 0000 To be major THOMAS J. CUFF, 0000 MICHAEL J. FOSTER, 0000 GERALD A. LEMAY, 0000 EDWARD G. GALLREIN III, 0000 SUNNY S. * AHN, 0000 CARVEN A. SCOTT, 0000 RODELIO LACO, JR., 0000 OLGA M. * ANDERSON, 0000 ROBERT S. MCKENNA, 0000 DAVID O. * ANGLIN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RUSSELL N. MIELKE, 0000 REBECCA E. * AUSPRUNG, 0000 TO THE GRADE INDICATED IN THE UNITED STATES JOSEPH A. MURACH, 0000 JAMES A. * BAGWELL, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CLIFFORD A. PISH, 0000 BRIAN R. * BATTLES, 0000 To be captain STEPHEN V. PLATAMONE, 0000 JASON M. BELL, 0000 JOHN J. REAPE, JR., 0000 MARK J. * BLASKO, 0000 STEVEN F. MOMANO, 0000 BRIAN T. SMITH, 0000 BRADLEY W. BLOODWORTH, 0000 AGUSTIN L. OTERO, 0000 DOUGLAS W. SWANSON, 0000 PATRICIA C. * BRADLEY, 0000 RICHARD S. TEDMON, 0000 DEIRDRE G. BROU, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLAYTON G. TETTELBACH, 0000 JAMES E. * BROUSEK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES JOHN M. * COOPER, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN P. * DEVER, JR., 0000 To be captain TO THE GRADE INDICATED IN THE UNITED STATES WILLIAM J. DOBOSH, JR., 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARIA Z. * DOUCETTPERRY, 0000 LARRY THOMAS, 0000 To be captain JERRETT W. * DUNLAP, JR., 0000 DAVID J. WRAY, 0000 SEBASTIAN A. EDWARDS, 0000 RUSSELL E. ALLEN, 0000 HEATHER J. * FAGAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TODD R. ALLEN, 0000 JANINE P. * FELSMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES BRIAN D. ALTMAN, 0000 ERIC J. * FEUSTEL, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CHARLES D. BALDWIN, 0000 GRACE M. * GALLAGHER, 0000 To be captain RUSSELL A. BAZEMORE, 0000 JESSICA A. * GOLEMBIEWSKI, 0000 STEVEN P. BECK, 0000 CHRISTOPHER G. * GRAVELINE, 0000 KERI A. BUCK, 0000 THOMAS E. BECK, 0000 JOHN A. * HAMNER II, 0000 JON C. HENRY, 0000 SYDNEY J. BEEM, 0000 MICHELLE A. * HANSEN, 0000 JOHN N. ROGERS, 0000 ROBERT W. BERTRAND, 0000 TIMOTHY P. * HAYES, JR., 0000 WILLIAM J. WILSON III, 0000 GLENN P. BERUBE, 0000 WILLIAM M. * HELIXON, 0000 GUY A. BONY, 0000 RICHARD J. * HENRY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN M. BOYD, 0000 HOWARD H. HOEGE III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES SCOTT R. BOYER, 0000 THEODORE C. * HOUDEK, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM L. BRACKIN, 0000 CRYSTAL L. JENNINGS, 0000 To be captain THOMAS E. BRANDT, 0000 GARY T. * JOHNSON, 0000 FRANKLIN D. I. BRANGACCIO, 0000 PETER * KAGELEIRY, 0000 NICHOLAS A. FILIPPONE, 0000 THOMAS T. BRICE, 0000 SAMUEL W. KAN, 0000 SUSAN C. KINNEY, 0000 JEFFREY A. BRITTON, 0000 KEVEN J. KERCHER, 0000 KYLE L. MCCOLLOM, 0000 DAVID A. BRUMLEY, 0000 EUGENE Y. * KIM, 0000 KARI A. PEREZ, 0000 DANIEL P. BURNS, 0000 JENNIFER L. KNIES, 0000 NANCY S. VEGEL, 0000 PAUL A. BUSHROW, 0000 CHARLES J. * KOVATS, JR., 0000 LEWIS S. BYINGTON, 0000 CHARLES A. * KUHFAHL, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL W. CALVERT, 0000 JAMES D. * LEVINE II, 0000 TO THE GRADE INDICATED IN THE UNITED STATES STEVEN J. CAMACHO, 0000 ERIC D. MAGNELL, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL A. CANNON, 0000 MARK D. * MATTHEWS, 0000 To be captain LANCE S. CARR, 0000 JOHN M. * MCCABE, 0000 ANDREW L. CASSITY, 0000 MATTHEW J. * MCDONALD, 0000 EDWARD Y. ANDRUS, 0000 DONALD F. CHASE, 0000 RUSSELL N. * PARSON, 0000 ALESSANDRO V. CUEVAS, 0000 STEVEN L. CHRISTENSEN, 0000 CARLA T. * PETERS, 0000 KAY A. GRIFFITHS, 0000 JEFFREY D. COBB, 0000 KELLI L. * PETERSEN, 0000 MARK W. RUSSELL, 0000 JOSEPH R. COOK, 0000 CHARLES L. * PRITCHARD, JR., 0000 BRIAN W. SAXMAN, 0000 ANTHONY T. COWDEN, 0000 TIMOTHY J. * RYAN, 0000 THOMAS E. STOWELL, 0000 LISA A. CUMMING, 0000 STEPHANIE D. * SANDERSON, 0000 GLENN H. DAUGHTERY, 0000 LUISA * SANTIAGO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J. DEEM, 0000 EMILY C. SCHIFFER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES THOMAS F. DENIO, JR., 0000 THOMAS E. SCHIFFER, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: HAROLD P. DUNNING, 0000 CHRISTINE M. SCHVERAK, 0000 To be captain THOMAS L. EGBERT, 0000 DAVID T. * SCOTT, 0000 NOEL M. ENRIQUEZ, 0000 TROY K. * STABENOW, 0000 REBEKAH R. BARRISH, 0000 JAMES R. FACINELLI, 0000 JON M. * STANFIELD, 0000 VICTORIA BOYD, 0000 PETER T. FINNEY, 0000 JOHN H. * STEPHENSON II, 0000 STEVEN M. CARLEY, 0000 JOHN B. FLUHART, 0000 KARIN G. TACKABERRY, 0000 DOUGLAS C. DERRICK, 0000 CHRISTOPHER D. FOX, 0000 MARGARET F. THOMAS, 0000 MICHAEL J. DEVINE, 0000 ROBERT E. J. FRONCILLO, 0000 JACKIE L. * THOMPSON, JR., 0000 TIMOTHY W. DORSEY, 0000 GORDON C. FRY, 0000 MARY C. * VERGONA, 0000 JAMES J. GARRETT, 0000 JOHN W. FULCHER IV, 0000 PATRICK L. * VERGONA, 0000 MARK W. GIBSON, 0000 ROBERT A. GANCAS, 0000

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KENNETH R. GARBER, 0000 MICHAEL J. NEVINS, 0000 JOHN W. TOKAREWICH, 0000 JOSE F. GARCIA III, 0000 CALVIN C. NG, 0000 THOMAS M. TOMP, 0000 CHRISTOPHER G. GILBERT, 0000 MATTHEW J. ODONOGHUE, 0000 MICHAEL D. TURNER, 0000 ALBERT K. GIVEN, 0000 THOMAS W. OKEEFE, 0000 MARTIN L. VANDENBOSCH, 0000 RONALD G. GREIFF, 0000 TERRENCE J. OLAUGHLIN, 0000 PETER M. VANSTEE, 0000 PAUL F. HANKINS, 0000 JAMES S. OSTACH, 0000 JAMES A. VITTON, 0000 DENNIS M. HANSEN, 0000 JAMES K. OTTO, 0000 PHILLIP D. VOELLER, 0000 BRIAN R. HASTINGS, 0000 ROBERT B. OWEN, 0000 JOHN P. WALISH, 0000 JOHN D. HATCH, 0000 THOMAS M. OWENS, 0000 STEVEN D. WATKINS, 0000 LEONARD HATTON, 0000 RAUL F. PALENZUELA, 0000 MILDRED R. WEARS, 0000 KAREN D. HAYNES, 0000 ANTHONY PANTOJA, 0000 MARK R. WEGGE, 0000 HENRY F. HERBIG IV, 0000 MARK A. PATTERSON, 0000 JOHN F. WEIGOLD, 0000 GREGORY A. HERUTH, 0000 JAMES D. PEGRAM, 0000 JOHN E. WEIRES, 0000 RUSTAN J. HILL, 0000 ROBERT J. PERRY, JR., 0000 MICHAEL J. WELLINGTON, 0000 ALAN L. HOLLINGSWORTH, 0000 GREGORY J. PERTLE, 0000 KENNETH D. WHIDDEN, JR., 0000 LAWRENCE B. JACKSON, 0000 CRAIG A. PETERSEN, 0000 DOUGLAS C. WIED, 0000 LIONEL D. JENKINS, 0000 THOMAS R. PLENEFISCH, 0000 ALEXANDER L. WILSON, JR., 0000 JAMES G. JENNINGS, 0000 KERIM L. POWELL, 0000 RONALD R. WOODS, 0000 SCOTT B. J. JERABEK, 0000 MICHAEL L. PREAS, 0000 KIMO K. ZAIGER, 0000 PATRICK J. KERSHAW, 0000 JOHN M. PRESKI, 0000 STEPHEN E. ZINI, 0000 FRANCIS A. KIES, 0000 GEORGE S. QUIN, JR., 0000 THOMAS P. KIM, 0000 RICHARD R. REICHEL, JR., 0000 DEPARTMENT OF THE TREASURY GREGORY S. KIRSCHNER, 0000 JON L. ROBY, 0000 KEVIN G. KNIGHT, 0000 CHARLES J. ROGERS, 0000 TIMOTHY D. ADAMS, OF VIRGINIA, TO BE AN UNDER MICHAEL D. LAMBING, 0000 PAUL S. ROSEN, 0000 SECRETARY OF THE TREASURY, VICE JOHN B. TAYLOR. JAMES D. LANE, 0000 THOMAS W. SAVIDGE, 0000 WILLIAM M. LAPRISE, 0000 TIMOTHY G. SCHAEFER, 0000 f PHILIP J. LAWVER, 0000 KURT V. SCOTT, 0000 JAMES R. LEACH, 0000 MICHAEL E. SEARS, 0000 MARK L. LEAVITT, 0000 JOSEPH C. SHARP, 0000 CONFIRMATION DAVID A. LEMMON, 0000 JAMES E. SHAW II, 0000 LAVERN D. LUTES, 0000 RICHARD W. SISK, 0000 Executive nomination confirmed by JOHN P. MADDEN, 0000 STEPHEN M. SNYDER, 0000 GREGORY P. MARVIL, 0000 STEVEN B. SNYDER, 0000 the Senate Wednesday, April 6, 2005: DANIEL T. MASTERSON, 0000 KENNETH P. SOURS, 0000 DEPARTMENT OF STATE JON G. MATHESON, 0000 CARY M. STEVENS, 0000 CRAIG N. MCCARTNEY, 0000 KURT D. STOREY, 0000 JOHN B. BELLINGER, OF VIRGINIA, TO BE LEGAL AD- JAMES M. MCGEE, 0000 THOMAS M. STROSCHEIN, 0000 VISER OF THE DEPARTMENT OF STATE. MICHAEL P. MCMAHON, 0000 RICHARD E. SWEETMAN, JR., 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO CRAIG S. MILLER, 0000 DAVID Z. TAYLOR, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- DEANE D. K. MUHLENBERG, 0000 PRAKASH THOMAS, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BRIAN L. NEELEY, 0000 GERARD P. TIGHE, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

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HONORING THE CONTRIBUTIONS community that he works in by helping those a training facility for Burlington Northern Santa OF ALDERMAN PAUL GARCIA in need. He has received numerous awards Fe Railway employees on the college campus. for all of the support and dedication he has And during Mayor Eilert’s tenure, the city’s HON. HENRY CUELLAR given to different organizations. land area expanded by 36 percent, to nearly Mr. Speaker, Manuel Vargas has been a 62 square miles. Finally, Overland Park enjoys OF TEXAS leader in his community and has been a won- a top rating for a solid financial condition. It IN THE HOUSE OF REPRESENTATIVES derful example of how dedication and perse- has received numerous awards as an out- Wednesday, April 6, 2005 verance can lead to success. As such, he is standing city. For years, Overland Park has more than worthy of receiving our recognition had the lowest property tax rate of any first- Mr. CUELLAR. Mr. Speaker, I rise today to today and the award of Real Estate Broker of class city in Kansas. recognize Alderman Paul Garcia for his public the Year. Thus, I urge my colleagues to join Ed Eilert was first elected to the Overland service to the city of Charlotte, Texas. me in honoring this truly remarkable person. Park City Council in 1977 and became Council Paul Garcia joined the Army when he was president in 1980. A former teacher at Shaw- f 19 years old. He served throughout Europe for nee Mission North High School, he knows 7 years on various assignments for the United INTRODUCTION OF LEGISLATION firsthand how Overland Park has benefited States. During his stay in service, he received DESIGNATING THE ED EILERT significantly from its nationally recognized the Instructor of the Year Award in 1997 and POST OFFICE school systems. He had made his first visit to the Joseph Hibbs Award. He was also award- the city in 1960 because it was the home of ed of the Kentucky Colonel Award from the Jan Bush, who he met while studying at Em- Governor of Kentucky. In 1998, he retired after HON. DENNIS MOORE poria State University and would marry two 20 years of service in the military. OF KANSAS years later. The Eilerts moved to Overland Mr. Garcia is currently serving his second IN THE HOUSE OF REPRESENTATIVES Park in 1965 when he completed graduate term as Alderman Place 1. He works on sev- Wednesday, April 6, 2005 school. In 1977, he began his first campaign eral committees and fundraisers within the for political office and has been a public serv- community. Currently Paul Garcia has been Mr. MOORE of Kansas. Mr. Speaker, I rise ant continuously since then. He also has been playing an active role in the establishment of today to introduce legislation designating the a financial consultant with A.G. Edwards & a park in Charlotte. United States Postal Service facility located at Sons and serves on the board of directors of Paul Garcia lives in Charlotte with his wife 12433 Antioch Road in Overland Park, Kan- Metcalf Bank. Frances and they have two children together. sas, as the ‘‘Ed Eilert Post Office Building.’’ I When you consider the daunting array of As a pillar of his local community, he is a am joined in sponsoring this measure by my challenges that Ed Eilert faced in his twenty route manager for all of San Antonio and the colleagues from Kansas: Representatives four years as mayor of Overland Park, you surrounding country. TODD TIAHRT, JIM RYUN and JERRY MORAN, cannot help but agree with Bob Sigmund, the and I am grateful for their support of this bi- Mr. Speaker, I am deeply proud to have opinion page editor of the Johnson County partisan legislation. been given this opportunity to recognize Alder- Sun, who recently wrote that Eilert ‘‘provided man Paul Garcia of Charlotte for his dedicated Later this month, an era will come to an end the vision and leadership in shaping Overland public service. in Overland Park. Ed Eilert will step down as Park’s success as an ideal place to live, work Mayor of Overland Park, an office to which he and raise a family . . . Eilert’s political skills f was elected six times and held for twenty-four have been especially useful in easing ten- A TRIBUTE TO MANUEL VARGAS years. Since he was sworn into office in 1981, sions—and maintaining an acceptable bal- Overland Park has grown to become Kansas’ ance—between the older, established neigh- second largest city. Its population has nearly borhoods in northern Overland Park and the HON. EDOLPHUS TOWNS doubled to over 165,000, the number of peo- rapidly expanding new subdivisions in the OF NEW YORK ple working within the city’s limits has more south.’’ IN THE HOUSE OF REPRESENTATIVES than tripled, with roughly 120,000 jobs in I am proud to call Ed Eilert my friend. While Wednesday, April 6, 2005 Overland Park today, and hotel capacity has we are members of different political parties, I increased from about 800 rooms to 5,100 have always been impressed by his sound Mr. TOWNS. Mr. Speaker, I rise in honor of rooms. During his tenure, 21,897 single family judgment, diligence, and dedication to his Manuel Vargas who is being honored at the and 19,533 multifamily residences have been community and to the public welfare. When he Brooklyn Caribe Lions Club dinner dance as added in Overland Park, along with 23.7 mil- sought the Republican nomination for the U.S. ‘‘Real Estate Broker of the Year.’’ lion square feet of office, retail and industrial House in 1996, however, he lost narrowly to Manuel is a successful licensed real estate space. Over the years, the city has seen the then-State Representative Vince Snowbarger broker in New York and Florida. He graduated arrival of the Sprint campus, three new hos- for the nomination to succeed Representative magna cum laude from New York University pitals, the University of Kansas Edwards cam- Jan Meyers. I often tell Third District residents with a Bachelor of Science degree in Real Es- pus, the Carlsen Center at Johnson County that I would have not sought election to Con- tate. Manuel has more than 10 years of expe- Community College, and a city convention gress myself had Ed Eilert been elected two rience in the real estate market. A Hall of center. years before I became a candidate for the of- Fame member for a large franchise in the new Additionally, under Ed Eilert’s leadership the fice. millennium, Manuel decided to start PAN/ city has added the landmark Clock Tower Dedication of this Postal Service facility in AMERICAN Realty. Plaza and the Farmer’s Market in the down- Overland Park is a small but fitting tribute to Amongst his reasons for doing so was be- town area, a neighborhood conservation pro- a man who has dedicated most of his adult life cause he wanted to deliver excellent, person- gram, the Arboretum and Botanical Gardens, to public service at the community level, work- alized service to his clients and to establish a the International Trade Center, the W. Jack ing tirelessly to bring people together while en- household name that would be synonymous Sanders Justice Center, and interchanges at suring quality economic development and with honesty, professionalism and efficient 1–435 at both Nall Avenue and Quivira Road. competence in the delivery of local services. I marketing techniques. His goal was to give re- Mayor Eilert also supported construction of the commend Mayor Ed Eilert and again thank my alty advice to clients and customers about all Fire Training Center, used by many other city colleagues in the Kansas House delegation for facets of the real estate industry. and county fire departments in the Kansas their support. I hope the House can move Throughout his career, Manuel has learned City metropolitan area, and he worked with quickly to approve this legislation so we can that he can also make a positive impact in the Johnson County Community College to create soon see it signed into law.

∑ 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 jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A06AP8.001 E06PT1 E556 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2005 COMMENDING OUTSTANDING EF- tion from the ideals and institutions of the believe the Cougars deserve formal recogni- FORTS OF ARMED FORCES AND fledgling United States. During their War of tion for their accomplishments. On March 12, EMPLOYEES OF THE STATE DE- Independence, the Greeks also received en- 2005, the Cougars won their first Group A PARTMENT AND USAID IN RE- couragement from many Americans, including Boys’ Basketball State Championship at the SPONSE TO EARTHQUAKE AND Presidents James Madison and James Mon- Virginia Commonwealth University Siegel Cen- TSUNAMI OF DECEMBER 26, 2004 roe and Representatives Daniel Webster and ter in Richmond. Surry completed its 2005 Henry Clay, each of whom gave memorable season with a truly impressive record of 26– SPEECH OF speeches in Congress in support of the Greek 4. HON. ENI F.H. FALEOMAVAEGA revolutionaries. Just as our defeat of the Brit- The Cougars have dedicated this year’s ish army was remarkable, so too was the championship run to their Head Coach, Joe OF AMERICAN SAMOA Greek triumph over the Ottoman Army, a mo- Ellis. Mr. Ellis was diagnosed with colon and IN THE HOUSE OF REPRESENTATIVES mentous achievement in world history. stomach cancer twenty months ago. Despite Tuesday, April 5, 2005 As many of my colleagues know, New York his diagnosis and subsequent chemotherapy Mr. FALEOMAVAEGA. Mr. Speaker, I rise City is home to the largest Hellenic population treatments, Mr. Ellis has continued to coach today in support of H. Res. 120, commending outside of Greece and Cyprus. Western the Cougars, missing only one game during the outstanding efforts of our military and civil- Queens, which I have the honor of rep- their championship season. His dedication and ian personnel who responded to the humani- resenting, is often called Little Athens because commitment to the team have given his play- tarian crisis engendered by the earthquake of the large Hellenic population in that neigh- ers a model of how to face adversity both on and tsunami of December 26, 2004. I com- borhood. the basketball court and in life. mend my colleagues, Mr. BLUMENAUER and New Yorkers celebrate Greek Independence Along with the State Championship, the Cougars won this year’s Tri-Rivers District Mr. LEACH, for submitting this resolution. Day with a parade on Fifth Avenue in Manhat- Mr. Speaker, I traveled to Southeast Asia in tan, along with a great many cultural events Tournament and the Region A Tournament. January to help assess the damage caused by and private gatherings. These events, hosted Coach Ellis was awarded Coach of the Year the tsunami. I saw firsthand the overwhelming by the Federation of Hellenic Societies and by the Virginia High School Coaches Associa- scale of the human tragedy that killed over other Hellenic and Philhellenic organizations tion. Junior center Edward Barham was also 250,000 people. Without the heroic efforts of and friends, remind us of the Hellenic-Amer- honored as Player of the Year. I want to extend my enthusiastic congratula- the U.S. Armed Forces personnel and the ci- ican community’s many contributions to our tions for a job well done to Coach Ellis and vilian employees of the Department of State nation’s history and culture. the Surry High School Cougars—the 2005 and the United States Agency for International On April 10, the President of the Federation Group A Virginia High School League Boys’ Development, the death toll would have been of Hellenic Societies, Nikos Diamontidis, along Basketball State Champions. far worse. with the organization’s officers and board These men and women worked tirelessly to members, will join Parade Committee Chair- f help provide necessities, like drinking water, man Dinos Rallis, Co-Chairmen Tasos PERSONAL EXPLANATION food, and medical supplies, to survivors of the Manesis and Philip Christopher and Co-Chair- tragedy. In addition, many worked to coordi- woman Georgia Kaloidis in reminding New Yorkers of the glory of Greece, the joy of the HON. JIM DAVIS nate the relief efforts of donors, relief organi- OF FLORIDA Olympics and the hope of freedom and human zations, aid agencies, and governments. The IN THE HOUSE OF REPRESENTATIVES rights for all. The Grand Marshals of this civilian employees worked to identify and as- Wednesday, April 6, 2005 sist U.S. citizens who were affected by the year’s parade are my distinguished colleague, tsunami. Senator PAUL SARBANES, his wife, Christine, Mr. DAVIS of Florida. Mr. Speaker, on roll- Because of the courageous efforts of these Anthony Diamataris, the Editor and Publisher call No. 90, had I been present, I would have Americans, I have no doubt that many lives of the National Herald and his wife, Litsa. Add- voted ‘‘no’’. were saved. This selfless giving in a time of ing to the day’s ethnic pride will be parade f crisis was beyond the call of duty. Their efforts emcees Nick Gregory, Anthoula Katsimatides and Petros Fourniotis. HONORING DR. CONSTANTINE P. deserve great recognition and I am proud to KIAMOS AND STEINMETZ ACA- support this resolution commending them. In 2004, the Athens Olympics united the world. Today, while New Yorkers pay tribute to DEMIC CENTRE f Greece’s accomplishments, we also seek to GREEK INDEPENDENCE DAY add our hometown to the list of great Olympic HON. RAHM EMANUEL host cities. It is my hope that one of Greece’s OF ILLINOIS SPEECH OF most enduring contributions to world history IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY will finally come to New York City in 2012. Wednesday, April 6, 2005 As the founder and co-Chairperson of the OF NEW YORK Mr. EMANUEL. Mr. Speaker, I rise today to Hellenic Caucus in Congress, I ask the nation IN THE HOUSE OF REPRESENTATIVES recognize the achievements of one of Chi- to join me in celebrating Greece’s independ- Tuesday, April 5, 2005 cago’s great educators, Dr. Constantine P. ence. Additionally, it is my sincere pleasure to Kiamos, former Principal of the Steinmetz Mrs. MALONEY. Mr. Speaker, I rise to cele- pay tribute to New York’s Hellenic-American Academic Centre. brate the 184th anniversary of Greece’s dec- community for its many contributions to our Steinmetz Academic Centre stands in the laration of independence from the Ottoman city and nation. heart of Chicago’s Belmont-Cragin neighbor- Empire. Against impossible odds, the Greeks ‘‘Zeto E Eleftheria!’’ (Long Live Freedom!) hood, and has served the people of this com- defeated one of the most powerful empires in f munity for over ninety years. Dr. Kiamos re- history and gained their independence. IN CELEBRATION OF GROUP A tired from Steinmetz last year after two dec- In March 1821, after 400 years of Ottoman BOYS’ BASKETBALL STATE ades of distinguished leadership, and was re- rule, Bishop Germanos of Patras raised the CHAMPIONSHIP cently honored at a school event. traditional Greek flag at the monastery of Agia During his tenure, Steinmetz underwent Lavras, inciting his countrymen to rise against HON. ROBERT C. SCOTT many changes, including a major increase in the Ottoman army. The Bishop timed this act enrollment. Through all of the changes, Stein- OF VIRGINIA of revolution to coincide with the Greek Ortho- IN THE HOUSE OF REPRESENTATIVES metz maintained its commitment to providing dox holiday celebrating the archangel Gabri- students with a high caliber education. el’s announcement that the Virgin Mary was Wednesday, April 6, 2005 Dr. Kiamos has always believed in the im- pregnant with the divine child. Bishop Mr. SCOTT of Virginia. Mr. Speaker, I rise portance of public education. Before he was Germanos’s message to his people was clear: today with great pride to call attention to a the principal of Steinmetz Academic Centre, a new spirit was about to be born in Greece. group of young students from Surry County, he served as Principal of Lovett School; As- Greek Independence Day is an appropriate Virginia, who have distinguished themselves, sistant Principal at Carpenter School and was time to reflect upon the strong ties between their school, their community, and the Com- a teacher at Medill Elementary. Greece and the United States. Indeed, when monwealth of Virginia. Steinmetz’s mission is to provide equal ac- the Greeks of 1821 fought for independence The Surry High School Cougars boys’ bas- cess to education for all students in an envi- from the Ottoman Empire, they drew inspira- ketball team had a remarkable season and I ronment that is intellectually, physically and

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.005 E06PT1 April 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E557 emotionally stimulating, and to develop pro- Augustine Munoz has lived in Charlotte for IN HONOR OF DEANNE FITZ- ductive citizens competent in academic and over 72 years. His experience spans across MAURICE ON WINNING THE PUL- life skills, accepting of themselves and others, many trades, including work in construction ITZER PRIZE and capable of lifelong learning. Dr. Kiamos’ and the oil fields. He currently works on nu- leadership and teaching style was an impor- merous committees and has spent time work- HON. NANCY PELOSI tant factor in carrying out this mission. ing with the Democratic Party. OF CALIFORNIA Over the years, Steinmetz has provided As a longstanding community participant, he IN THE HOUSE OF REPRESENTATIVES many opportunities for students to excel, has dedicated much of his life to improving the Wednesday, April 6, 2005 through programs such as the Illinois State City of Charlotte. While times may have Scholars, Advanced Placement classes, the changed, Augustine Munoz remains a stead- Mr. PELOSI. Mr. Speaker, I rise today to Academic Decathlon team, the Chicago De- fast community leader and organIzer. congratulate Deanne Fitzmaurice of the San bate League and competitive sports teams. Augustine Munoz has been married for over Francisco Chronicle for winning the Pulitzer Many of Steinmetz’s students who took advan- fifty years. He is a devoted family man who Prize for feature photography. This award, the tage of these opportunities have excelled and loves to spend time with his children, grand- most prestigious in American journalism, is achieved tremendous progress in a wide vari- children, and great grandchildren. presented to only one photographer every ety of fields. Mr. Speaker, I am deeply proud to have this year for a distinguished example of feature photography. Mr. Speaker, on behalf of the Fifth Congres- opportunity to recognize Alderman Augustine Deanne Fitzmaurice earned this award for sional District of Illinois and indeed all of Chi- Munoz of Charlotte for his dedicated public her moving photo essay on an Oakland hos- cago, I ask my colleagues to join me in recog- service. pital’s effort to mend an Iraqi boy nearly killed nizing a lifetime of service and dedication to f by an explosion. Her powerful photographic our community by a great Chicagoan, Dr. narrative captures the story of this young child Constantine P. Kiamos, and Steinmetz Aca- HONORING THE CONTRIBUTIONS OF JUDGE HECTOR J. LIENDO as doctors strive to give him a chance at a demic Centre that he so proudly served. new life. With the accompanying articles writ- f HON. HENRY CUELLAR ten by Meredith May, these poignant photo- PERSONAL EXPLANATION graphs tell an overlooked but significant side OF TEXAS of the Iraq war. HON. XAVIER BECERRA IN THE HOUSE OF REPRESENTATIVES Deanne has worked at the San Francisco Wednesday, April 6, 2005 Chronicle for the past 16 years. Her work has OF CALIFORNIA been featured in numerous publications includ- IN THE HOUSE OF REPRESENTATIVES Mr. CUELLAR. Mr. Speaker, I rise today to ing TIME, Newsweek, and U.S. News and Wednesday, April 6, 2005 honor the important contributions of Judge World Report. She was named the Bay Area Hector J. Liendo in Laredo, TX in my Con- Mr. BECERRA. Mr. Speaker, on Monday, Press Photographers Association’s Photog- gressional District. rapher of the Year in 2002. March 21, 2005, I did not cast my Floor vote Born July 10, 1950, Judge Liendo attended on roll call number 90 on the motion to sus- Deanne’s collection is indicative of the high Leyendecker Elementary School, L.J. Christen quality of work at the San Francisco Chronicle. pend the rules and pass S. 686, a private bill Jr. High and Martin High School. He later at- The Chronicle is committed to excellence in for the relief of the parents of Theresa Marie tended Laredo Junior College and received his journalism, as evidenced by Deanne’s photog- Schiavo. Had I been present, I would have Associates Degree in Computer Science. raphy and its fine reporting. Congratulations to voted nay. Judge Hector J. Liendo enlisted in the mili- Deanne Fitzmaurice and the San Francisco My personal beliefs on religious morality be- tary and chose the U.S. Navy right after high Chronicle on this magnificent honor. long to me, in my home and in my church, school. Through the navy he traveled to south f with my family and with my God. The East Asia, China, Philippines, Taiwan, Viet- Schiavos deserved this same level of privacy nam, Thailand, Borneo, Pakistan, Australia, CONCURRENT RESOLUTION ON and respect. The good people of the 31st Singapore, Okinawa, Japan, a brief tour to the THE BUDGET FOR FISCAL YEAR Congressional District did not elect me to im- ship’s maiden name, ‘‘The Anchorage Alaska’’ 2006 pose my religious mores upon them or the and crossed the equator twice with a big cele- SPEECH OF American people through legislative acts in bration. Congress. While in the navy, he made five tours to HON. JOHN F. TIERNEY Members of Congress should never have Vietnam during his four-year enlistment. He OF MASSACHUSETTS legislated on this very personal family mat- was awarded the Vietnam service medal, the IN THE HOUSE OF REPRESENTATIVES ter—the Schiavos told us this and so even did Vietnam campaign medal, the combat action Thursday, March 17, 2005 the courts. ribbon and the Philipino Presidential Citation. The mere fact that we took up this legisla- The House in Committee of the Whole He received an honorable discharge in Feb- tion sets a dangerous precedent where if the House on the State of the Union had under ruary 1973. Congress dislikes a court’s decision we pur- consideration the concurrent resolution (H. Shortly after arriving in Laredo, Judge Con. Res 95) establishing the congressional sue a law to overturn our own constitutional Liendo left for Michigan where he worked as budget for the United States Government for system of checks and balances. In passing S. a crane operator for the Pontiac Motor Com- fiscal year 2006, revising appropriate budg- 686, this Congress complicated what has al- pany. Later in 1973, he worked at the Laredo etary levels for fiscal year 2005, and setting ready been a long and difficult journey for the forth appropriate budgetary levels for fiscal City Drug Store in downtown Laredo. He got Schiavos these past 15 years. May Theresa years 2007 through 2010: married in June 17, 1974 and started attend- Schiavo now rest in peace. Mr. TIERNEY. Mr. Chairman, throughout the ing Laredo Junior College, full time. f year, Members often express support for cer- In 1978, Judge Liendo went to Houston, to tain policies and programs or advocate for fis- HONORING THE CONTRIBUTIONS work in the Seismic Processing Department. cal discipline. However, during the consider- OF ALDERMAN AUGUSTINE MUNOZ He was employed as a computer operator and ation of the Budget Resolution our true com- his duties entailed payroll, accounts payable & mitment to those priorities comes to light. HON. HENRY CUELLAR receivables, and accounting general ledger. What this Republican Budget Resolution re- He then worked for Entex as a marketing OF TEXAS veals is that the Majority is more concerned representative and served as a City Council- IN THE HOUSE OF REPRESENTATIVES with advancing a narrow ideological agenda. man for District VII from 1988–1992. Carefully making sure to allow for a total of Wednesday, April 6, 2005 In 1993 he was elected Justice of the $106 billion in tax cuts over five years for Mr. CUELLAR. Mr. Speaker, I rise today to Peace, Precinct One, Place One and ran un- high-end earners, this GOP Budget Resolution recognize Alderman Augustine Munoz for his opposed for a second term in 1997. As Justice carelessly exacts severe cuts to critical serv- public service to the city of Charlotte, Texas. of the Peace Judge Liendo deals with civil ices that benefit students of all ages, veterans, Augustine Munoz is no stranger to serving cases, criminal cases, traffic citations, fines first responders, poor and working families, his country. A veteran of the Korean Conflict, and court hearings. and communities interested in economic de- he served as an artillery trainer. It was this Mr. Speaker, I am proud to have this oppor- velopment. same patriotism and dedication that later led tunity to recognize the contributions of Judge What this Republican Budget Resolution re- him into the service of his local community. Hector J. Liendo. veals is that the Majority is more interested in

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.009 E06PT1 E558 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2005 advancing a reckless, unsustainable economic with a growing methamphetamine and opiate Certainly, our constituents want to know that policy than restoring fiscal responsibility. In problem. In Massachusetts, according to sta- their tax dollars are being well spent. There is fact, the Majority’s proposal calls for a deficit tistics from the state’s Department of Public no question about that. of $376 billion in 2006—$78 billion more than Health, the number of deaths from opiates has But parents also do not want to pass on the Congressional Budget Office’s estimate. risen over 300%—from 108 in 1991 to 468 in huge amounts of debt to their children, which This budget, which only accounts for five 2001, which is the most recent year for which is what the GOP Budget Resolution does. years, never reaches balance. statistics are available. Parents do not want their children to be de- The Republican Budget signifies a failure in The Safe and Drug-Free Schools and Com- nied opportunities to learn and advance in honest accounting not just because of what is munities State Grants program has assisted ways beyond what they achieved in life. Moms included, but also for what it disingenuously states and school districts in developing youth and dads want to ensure that their kids are leaves out. Excluded from this Budget are the anti-drug education initiatives, which has, in educated about drugs. They want their kids to details of the President’s estimated $754 bil- turn, helped parents and teachers learn more know how to maximize their chances of gain- lion 10-year Social Security privatization plan about the prevalence of drugs in the commu- ing acceptance at a college and have pro- ($20 Billion over the next decade), the cost of nity. The program has been a source through grams available to help minimize the cost. the over $800 billion (and growing) Medicare which Massachusetts has been successful in They want to know there are enough police drug bill, the longer term costs of the war in obtaining $40 million in funds over the past and fire fighters on the street to be able to re- Iraq, the cost to stop the alternative minimum five years. spond effectively to emergencies, they want tax from penalizing regular families, and the It is not just those who are looking to im- our country’s veterans to receive adequate implications of extending the tax cuts. care after they return home from service, and Feigning fiscal discipline and fundamentally prove themselves through education that this GOP Budget Resolution betrays, but it also they want to protect the environment so their at odds with what I believe are the real prior- sons and daughters inherit cleaner air and ities and concerns of the American people, advances the Administration’s all-out assault against those that depend on our longstanding safer drinking water. this GOP Budget Resolution also offers no At the same time, they take offense to deny- 21st Century competitive strategy for our safety net, those programs that assist the poor, children, elderly, and people with disabil- ing food stamps or eliminating Medicaid cov- country and further shreds what is left of our erage for those who depend on such services ever-fraying safety net. ities. Meanwhile, let me reiterate, the Repub- lican proposal calls for $106 billion in addi- just to make room for another hundred billion A much needed competitive strategy would dollar tax cut for the already well-off. That start with education, which is the vehicle tional tax cuts. According to the Urban Insti- tute-Brookings Institution Tax Policy Center, doesn’t meet their standard of fundamental through which students of all ages can fairness. achieve and become what they may never 46% of those who will benefit from these tax cuts in 2005 will be households who earn $1 Their Budget Resolution does nothing to im- have otherwise dreamed possible. Going to prove upon our long-term fiscal outlook, fails college and attaining a degree is, unfortu- million, which comprise only .2 percent of all households nationwide. The average tax cut students, and exploits the poor. We must do nately, not a right of passage for the vast ma- better. We implement solutions that honestly jority in our country. Achieving this goal must for this income bracket was greater than $30,000 in 2003. and effectively address the budget deficit, not be minimized. Each year, a young man or chart a course that allows our students to This GOP Budget Resolution finances its woman becomes the first member of his or competitively excel, and adequately provide hundred billion-dollar tax cut for the highest in- her family to graduate from college. For them, for those who need the most help. come earners at the expense of the most vul- and for all their relatives and loved ones, ob- A Better Way: The Democratic Budget is a nerable and least fortunate in society. That is taining a diploma means progress and instills more fiscally responsible approach to bal- wrong. pride. A college degree translates into hard ancing the budget. It achieves balance by dollars: over their lifetime, college graduates As required by the Republican Budget, the 2012, while accumulating less debt and will earn on average $1 million more than they Agriculture Committee would be forced to cut wastes fewer resources on interest payments would have if they did not attend post-sec- spending by more than $5 billion over five needed to service the national debt. ondary school. years. With the general reluctance to alter or The Democratic alternative is based on es- Schools continue to serve as the source scale back farm subsidies, the food stamp sential two-sided pay-as-you-go budget en- where we can view the promise of America in program would bear the brunt of these cuts. forcement rules that led to a balanced budget progress, and our country’s legacy depends This is not a program that has been riddled in the 1990’s. The cost of any additional upon how well we educate our young people. with so-called ‘‘waste, fraud, and abuse.’’ The spending, or any new tax cut, must be paid for For those not completing four years of college, Center for Budget and Policy Priorities cal- by curbing spending, offsetting spending cuts, higher job skills and technical abilities ac- culates that ‘‘over 95 percent of food stamp or new revenues. The 1990 pay-as-you-go quired through vocational and technological benefits go to households with income below rules had bipartisan support, including the training and education are the path to the mid- the federal poverty level. Virtually all of the re- support of the first President Bush. Those dle class. mainder goes to the elderly and people with The Majority’s budget cuts education pro- rules turned record deficits into record sur- disabilities.’’ pluses in large part because they subjected all grams by $2.5 billion in 2006 and $38 billion Further, their budget makes deeper cuts in over the next five years and completely elimi- parts of the budget, discretionary and manda- Medicaid than the President’s budget, direct- tory spending, as well as revenues, to budget nates 48 programs, including the $1.3 billion ing the Ways and Means Committee and the vocational education program, the $437 million discipline. The Republican budget contains no Energy and Commerce Committee to cut $19 such enforcement provisions. Safe and Drug-Free Schools Program, the and $20 billion respectively. It is expected that $306 million GEAR-UP program, and the $225 The Democratic budget provides $4.5 billion the bulk of such cuts will fall on low-income more for education and training programs than million Even Start family literacy program. programs such as the Earned Income Tax These cuts come at a time when the cost of the Republican budget for 2006 and $41 bil- Credit, the Child Tax Credit, unemployment attending a four-year public college has in- lion more over the next five years. It rejects benefits, Temporary Assistance for Needy creased more than $2,300. In fact, according the $21 billion in cuts that the Republican Families, foster care, and Medicaid. to the 2003 National Center for Public Policy budget requires the Education and the Work- and Higher Education survey, Massachusetts According to the Center for Budget and Pol- force Committee to make over five years, in- had the largest tuition increase in four-year icy Priorities, ‘‘these Medicaid cuts are likely to creases the maximum Pell Grant by $100 in public institutions (24 percent), and the second push hard-pressed states to eliminate cov- each of the next ten years—twice the Repub- largest in community colleges (26 percent). erage for a substantial number of low income lican increase—and eliminates the program’s They attack our increasingly successful com- people, increasing the ranks of the uninsured current $4.3 billion funding shortfall. munity college and vocational-technical train- and the underinsured.’’ The Democratic budget provides $2 billion ing programs. The Center for Budget and Policy Priorities more than the Republican budget for 2006 These cuts come at a time when there is an estimates that, should these cuts affect all and $9 billion more over five years for commu- increased need to college access programs, states proportionally, this would translate into nity and regional development, blocking the including GEAR-UP and TRIO, that help high a loss of over $117 million for Massachusetts. President’s proposal to eliminate the Commu- school students prepare for, apply to, and find This is not the direction in which this country nity Development Block Grant (CDBG). Cuts financial aid for college. should be headed. What is being proposed in in food stamps, housing, elderly services and These cuts come at a time when many the Republican Majority’s Budget Resolution is other safety-net protections would not be nec- communities across the country are struggling not a blueprint for success. essary.

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.014 E06PT1 April 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E559 The Democratic Budget works towards HONORING THE MEMORY OF THE man Bevill received numerous awards and ci- elimination of the deficit, paring it down dra- HONORABLE TOM BEVILL tations in recognition of his distinguished ca- matically in the next five years, and thus sav- reer. Along with honorary doctorates he re- ing us from huge interest payments needed to HON. JO BONNER ceived from Livingston University, the Univer- service the national debt. OF ALABAMA sity of North Alabama, and Troy State Univer- IN THE HOUSE OF REPRESENTATIVES sity, he was inducted into both the Alabama We pay for all this by not extending the tax Academy of Honor and the Alabama Senior cuts for those earning over $200,000. Accord- Wednesday, April 6, 2005 Citizens Hall of Fame. ing to the Urban Institute-Brookings Institution Mr. BONNER. Mr. Speaker, the Fourth Dis- Perhaps more than any other two projects, Tax Policy Center this would provide $223.5 trict of Alabama, and indeed the entire state, Congressman Bevill should be remembered billion between calendar year 2005 and 2010. recently lost a dear friend, and I rise today to for his work on two of the most significant The tax cuts were originally promoted as honor him and pay tribute to his memory. transportation projects in Alabama history: the temporary—if extended, they will cost $1.5 tril- Congressman Tom Bevill was a devoted Memphis-to-Birmingham highway known as ‘‘Corridor X,’’ and the Tennessee-Tombigbee lion over the next 10 years. Coupled with the family man and dedicated public servant Waterway. ‘‘Corridor X,’’ when completed, will costly challenges in Iraq and Afghanistan and throughout his entire life, and has the distinc- tion of being the longest-serving congressman provide a vital link between the two cities in the need to invest in our future, the tax cuts ever to come from Alabama. I am certain Alabama and Tennessee and will provide tre- prove an unbalanced approach that creates many in this chamber recall with great fond- mendous benefits and incentive for further huge deficits and shortchanges America’s pri- ness and vividness their memories of working economic development in north Alabama. The orities. closely with this tireless advocate for the Waterway has already provided incalculable It is time to seize the opportunity to restore needs of his constituents and his state. benefits for Alabama’s economy and has re- sanity and candor to the budget process and Born on March 27, 1921, and a native of sulted in thousands of jobs for men and to pass a budget that promotes the security Walker County, Alabama, Congressman Bevill women throughout our state. Mr. Speaker, I ask my colleagues to join me and values of the American people without im- spent his childhood in the mining community of Townley, witnessing the ravages of the in remembering a dedicated public servant posing increased social inequities and crush- and long-time advocate for the state of Ala- ing debt to future generations. Great Depression on his family, his friends, and his neighbors. He was a 1943 graduate of bama, a man whose significant impact and dedication to the needs and interests of his the University of Alabama School of Com- f constituents will be felt for many years to merce and Business Administration. Within a come. Congressman Bevill, who was pre- short time following his graduation, he joined IN RECOGNITION OF CHARLES G. ceded in death in 2001 by his beloved wife of the United States Army and rose to the rank WELLS, JR. 58 years, Lou, will be deeply missed by his of captain, leading one of the units which went family—his daughters, Susan Bevill Livingston ashore in France on June 6, 1944. Ultimately, and Patricia Bevill Warren, his son, Don Bevill, HON. MIKE ROGERS Congressman Bevill retired from the U.S. his six grandchildren, and his three great- Army Reserves with the rank of lieutenant OF ALABAMA grandchildren—as well as the countless colonel. In 1948, he completed his legal stud- friends he leaves behind. Our thoughts and IN THE HOUSE OF REPRESENTATIVES ies at the University of Alabama School of prayers are with them all at this difficult time. Law and embarked on an 18-year career prac- f Wednesday, April 6, 2005 ticing law in Jasper, Alabama. All told, Congressman Bevill spent 38 years TAUNTON GAZETTE DOCUMENTS Mr. ROGERS of Alabama. Mr. Speaker, in public office. Elected to the Alabama State THE VALUE OF CDBG Warrant Officer 1 Charles G. Wells, Jr., 32, House of Representatives in 1958, he served originally of Montgomery, Alabama, died on for eight years before embarking on a cam- HON. BARNEY FRANK March 30, 2005, in Iraq. Warrant Officer Wells paign which would ultimately lead to his win- OF MASSACHUSETTS was assigned to the Marine Forces Reserve’s ning the seat for the Seventh (later Fourth) IN THE HOUSE OF REPRESENTATIVES 6th Motor Transport Battalion, 4th Force Serv- Congressional District at the end of 1966. He Wednesday, April 6, 2005 ice Support Group of Orlando, Florida, and ac- would go on to serve 15 terms in this chamber cording to initial reports died in action from an and become one of the most effective and Mr. FRANK of Massachusetts. Mr. Speaker, improvised explosive device. His survivors in- well-respected advocates for the state of Ala- the Taunton Gazette recently ran a very com- prehensive series documenting the social and clude his wife Freda Nicole and his daughter bama ever to serve in the United States Con- economic importance of the Community De- Cierra; his mother Orlean Johnson Wells of gress. velopment Block Grant Program. Taunton, Montgomery, Alabama; and his father Charles Congressman Bevill became such an effec- Massachusetts, which I am privileged to rep- tive representative for his district and for the Gary Wells, Sr., also of Montgomery. resent, is a very good example of how when state—and became such an influential mem- Charles Wells, Jr. was a proud Marine and this program is well administered, as it has ber of the House of Representatives that he eager to serve his country, Mr. Speaker. He been in Taunton, it can be of such enormous was often referred to as ‘‘Alabama’s third sen- willingly signed up for a third tour of duty in benefit in a variety of ways to its citizens. Jo- ator.’’ Indeed, the work he accomplished dur- Iraq after having just completed his second. anna James of the Taunton Gazette deserves ing his three decades in this chamber, particu- a great deal of credit for her thorough and in- Back home, Mr. Wells had planned a career larly as a member of the full Committee on serving the community as a firefighter, yet du- sightful reporting, and the Taunton Gazette Appropriations and, for nine terms, as chair- deserves a great deal of credit for devoting tifully left behind his family and loved ones to man of the Appropriations Subcommittee on serve our country overseas. the space to this story. Too often today people Energy and Water Development, had impor- are given only snippets of information about Words cannot express the sense of sadness tant and long-lasting effects on the economic important public policy issues. The Taunton we have for his family, and for the gratitude growth of the state of Alabama. Gazette’s in depth exploration of how the our country feels for his service. Warrant Offi- To this day, signs of his influence and suc- CDBG Program works in that city is a tribute cer Wells died serving not just the United cessful efforts on behalf of his district and his to the program itself, and to its continued im- States, but the entire cause of liberty, on a state can be found throughout Alabama, and portance, to the people in the City of Taunton noble mission to help spread the cause of his name has been attached to some of the led by Mayor Nunes who administer it, to Jo- freedom in Iraq and liberate an oppressed most important public centers anywhere in the anna James for the quality of her reportage people from tyrannical rule. He was a true state. These include the Tom Bevill Chair of and to the Taunton Gazette for giving so much American. Law at the University of Alabama, the Tom space to such an important public policy issue. Bevill Energy, Mineral, and Material Science I find it hard to believe that anyone could We will forever hold him closely in our Research Building, also at the University of read this series of articles and still feel that hearts, and remember his sacrifice and that of Alabama, and the Tom Bevill Center for Ad- this is a program ought to be substantially di- his family as a remembrance of his bravery vanced Manufacturing Technology at Gads- minished, as the President’s budget would do. and willingness to serve. Thank you, Mr. den. (By Joanna James) Speaker, for the House’s remembrance on this In addition to his long and successful career TAUNTON.—President George W. Bush’s rec- mournful day. in the House of Representatives, Congress- ommendation to dismantle the Community

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A06AP8.017 E06PT1 E560 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2005 Development Block Grant Program (CDBG) then less money toward infrastructure and have seen a 40 percent increase in sales from in his proposed budget would filter down the other community needs.’’ last year. Holly pondered about the time federal bureaucracy in no time and aim di- Although locally there has been a collec- when she and Harold couldn’t find any bank rectly at the heart of each community na- tive effort to prevent the cuts, Nunes said at to finance them, and how the CDBG program tionwide, according to local and state elect- this point there is nothing more that can be was the only way they got started and ed officials. done other than wait for Congress’s decision. spurred their success. David Bachrach, director of the Mayor’s ‘‘If I went out of business tomorrow a lot of Office of Community Development (MOCD), TAUNTON.—President George W. Bush people would say, ‘where am I going to eat predicts a looming crisis targeting the com- stands firmly by tax cuts as a means to eco- lunch now,’’’ Holly said. ‘‘I really hope they munity, whether or not the CDBG program is nomic growth, promoting the creation of keep the program in effect.’’ cut. Taunton received $1.2 million from its more small businesses. Yet in Bush’s 2006 Bachrach said there has been a philo- funding for 2004. proposed budget he supports cutting a grant sophical change with the Bush administra- If the program isn’t eliminated, then the that area officials and business people say is tion in terms of helping the community. question will be how much funding will be al- at the heart of creating small businesses. ‘‘For Bush, community problems can be located to it, according to Bachrach. The Community Development Block Grant met with the open market,’’ Bachrach said. Bachrach said if it’s significantly cut that (CDBG) has helped many local business own- ‘‘The administration no longer sees the need will cause unnecessary Congressional pres- ers take the first step in making their dream for the private and public working to- sure to take money out of other programs. come true from working as an employee to gether.’’ ‘‘These are huge resources that only gov- becoming an employer. The business collaboration by these dif- ernment can will upon the community.’’ Over the past three years, the CDBG pro- ferent venues from the CDBG program pro- Bachrach said. ‘‘It’s a shame that the cuts gram has helped create 26 new local jobs, vides sound community investments and cre- are even a suggestion.’’ provided 10 businesses with loans totaling ates opportunity in the community for more Bush proposed to eliminate the community over $218,000 and provided more than 30 start- jobs, according to Bachrach. funding program and replace it under the De- up businesses with training, according to the ‘‘This is beyond myself because I have partment of Commerce while cutting its Mayor’s Office of Community Development. plenty of opportunity for work, it’s the peo- funding by 35 percent. The CDBG aids state- Mezzaluna Deli on the Taunton Green is ple we serve who don’t have these options,’’ wide municipalities with low income hous- one of the businesses which got its start— Bachrach said. ’It’s going to be heart- ing, public enhancements such as park and and has also sustained itself—from the CDBG breaking.’’ street renovations and a plethora of other program. Holly and Harold Roderick, owners community resources left to the discretion of the delicatessen, received $25,000 from the FUNDS THAT HELP REPAVE STREETS MAY at the local level. CDBG and used its entrepreneurial workshop FACE ELIMINATION to learn how to create a business plan and Mayor Robert G. Nunes said the CDBG is a (By Joanna James) ‘‘tremendous program’’ that will have dire present it for financing. TAUNTON.—One local official worries that effects on Taunton if it is cut. Nunes said ‘‘If the city doesn’t have the program, a lot motorists who drive through city streets will over the last 10 years, the program has pro- of small businesses aren’t going to get start- think bombs have been dropped and the vided $15 million to Taunton. The funds have ed,’’ Holly said. ‘‘A lot of the new res- streets were never repaved. been used on community issues such as hous- taurants will be chains and the city will lose The official—David Bachrach. director of ing, public safety, infrastructure, parks, that little downtown business.’’ the Mayor’s Community Development Of- roads and the hiring of police officers. The Rodericks both earned bachelor’s de- fice—now fears that the potential loss of fed- ‘‘There’s a national, bipartisan effort from grees from Johnson & Wales University and eral funding for repair projects may make mayors lobbying heavy on this,’’ Nunes said. Harold (known as Butch) always wanted to Last week Nunes attended a roundtable own his own business. Holly said most banks the situation worse. discussion on the CDBG cuts in Boston with won’t finance restaurants because of the For the coming summer, Community De- seven other Massachusetts mayors hosted by high risk involved, so they needed to get cre- velopment Block Grant (CDBG) money will Rep. Michael E. Capuano, D-Mass. ative to find money. Holly said they at- provide $1 million toward repaving roads and ‘‘We discussed the impact the cuts would tended the Taunton Entrepreneurial Work- other infrastructure projects. Yet the federal have across the country.’’ Nunes said, ‘‘not shop, which showed them how to create a funding may be eliminated if President just our communities.’’ business plan and helped them to apply for George Bush’s proposed budget is approved As the former mayor of Somerville, financing. by Congress. Capuano spoke from first-hand experience on David Bachrach, director of the Mayor’s Even with more than a million dollars how the CDBG funding was critically impor- Office of Community Development, said his from the CDBG going toward roads and other tant to the quality of life in communities. office and the Southeastern Economic Devel- infrastructure projects, city officials said ‘‘President Bush said in his State of the opment Corp. (SEED) often collaborate to borrowing will be necessary to repair pot- Union address that he wants to help the get business owners started. holes and repave streets. faith-based and community groups . . . yet ‘‘Once someone is funded and business Mayor Robert G. Nunes said he is confident he’s cutting the very programs that help savvy, then SEED is the next step,’’ the allocated CDBG money will remain for kids stay away from drugs, provide housing Bachrach said. the upcoming projects, but he is nervous and opportunity,’’ Capuano said. The community development office pro- about the future. Bush’s CDBG proposal fueled mayors na- vides funds from the CDBG program to Weir ‘‘It [CDBG elimination] will have a dev- tionwide to take a stance against it because Corporation, which is a local community de- astating impact in terms of infrastructure,’’ the CDBG program offers them flexibility to velopment organization. Weir Corp. provided Nunes said. ‘‘The CDBG supplements oper- decide where to direct the funding at a local the Rodericks with the first-tier help for ating projects for the next five years.’’ level. them to get the entrepreneurial training Forty-three percent of all Taunton streets Locally, Nunes is working with the person they needed and to obtain $25,000 for renova- need resurfacing, according to statistics pro- who utilizes the CDBG program the most. tions. vided by the Department of Public Works Bachrach’s Office of Community Develop- Weir Corp. provides loans to approximately (DPW). In 2004, the CDBG paid $360,000 to- ment is the second largest in the city to re- 25 small businesses per year, and training to ward local DPW projects, and $640,000 for 2002 ceive federal level funds (the first is Title I more than 100 small businesses per year. Jill and 2003 improvements. For just the coming education). Cowie, Weir Corp. co-director, said the orga- summer, CDBG will provide $1 million for ‘‘The CDBG is a significant tool,’’ nization would not have been able to help in city projects. Bachrach said, ‘‘It’s hard to fathom what the creation of such local small businesses Frank Nichols, director of the Department will happen without the funds.’’ such as Golden Years, Ultimate Fitness or of Public Works, said the city already has a Currently the CDBG is funding 12 programs recently Dyetex without the CDBG. hard time filling potholes, and the situation under the Office of Community Develop- ‘‘We wouldn’t be able to do it anymore,’’ will grow worse if the extra help from the ment; whereas if the grant was eliminated Cowie said. ‘‘The CDBG is the source of our CDBG was lost. Bachrach would have to competitively find loan pool, our core funding.’’ ‘‘Ultimately the city would have to come 12 separate grants toward neighborhood revi- Cowie said once the businesses need more up with the money for the loss and I don’t talization, head starts for small businesses, than $25,000, the risk is spread by working know from where,’’ Nichols said. ‘‘Abso- elder services, police detail and teachers—to with SEED Corp. which will put up to 40 per- lutely, it helps relieve some of the issues we name a few. cent of the loan, while a bank will finance up would have to deal with.’’ Over the past three years, the Office of to 50 percent. Bachrach said Weir, High and Adam streets Community Development has used the CDBG SEED Corp. acted as a conduit for the Rod- are three of the 11 streets where CDBG to benefit: 515 elderly, 740 single-parent ericks. The Rodericks were financed $85,000 money helped pay for 8,000 linear feet of road households, 96 disabled persons, 348 youth from SEED Corp. and Mechanics Cooperative reconstruction and 5,000 linear feet of new and 622 families. The CDBG has also im- Bank financed the rest of the $179,900, so water lines over the last five years. pacted Taunton’s business growth and infra- they could buy the property and start the However Bachrach said the Whittenton structure improvements. business. Area is in dire need of road and water line re- ‘‘We’re going to have to reevaluate the di- Mezzaluna will celebrate its third anniver- construction and is next on the list of rection of money,’’ Nunes said, ‘‘less money, sary this November, and Holly said they projects.

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A06AP8.023 E06PT1 April 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E561 ‘‘If you drove the streets you’d think they Orelus first took the MCAS a few months Both the House of Representatives and the accidentally dropped bombs in this area,’’ after she came to the U.S. and failed from Senate passed resolutions to reinstate the Bachrach said. However Whittenton is an up- not knowing the English language well. CDBG program from receiving such a power- coming project site funded by the CDBG. Presently two years after, Orelus is more ful, national grass roots advocacy. ‘‘Once it’s done they’re going to be dancing confident speaking English, and if she passes However, Bachrach said the real advocacy in the streets,’’ Bachrach said. the MCAS, she has already been accepted to must begin now that the Appropriations Debbie Maloney, owner of End of the Road a community college in Staten Island, N.Y. Committee decides how to focus the funds. T-shirts on Weir Street, said she is grateful All three girls said they would be very dis- Rep. Barney Frank, D-Mass, will attend Weir Street was repaved from CDBG funds. appointed if the CDBG was cut because it has next Tuesday’s City Council meeting to dis- Maloney’s business is also one of the local funded a program that they said ‘‘everyone cuss the CDBG program. small businesses which received $25,000 start- deserves the extra help and support of.’’ up help from CDBG funds. In a full year, the CDBG funds the Depart- ‘‘This road is really good compared to oth- ment of Human Services with $81,000, which TAUNTON.—Congressman Barney Frank, D– ers,’’ Maloney said. ‘‘I know I wouldn’t be has helped 515 elderly people over the past Mass, congratulated and thanked city offi- happy if it [CDBG) was cut, a lot of my cus- three years, according to the MOCD. cials and residents last night for helping tomers complain the roads of Taunton are Anne Bisson, assistant director of the de- save the Community Development Block disgusting.’’ partment of human services for 21 years, said Grant (CDBG) program from elimination Other types of infrastructure completed almost 100 percent of the program’s elders under President George W. Bush’s 2006 budg- from CDBG funds were the Paul Bunker are low income and would be devastated if et proposal. Drive basketball courts, the Hopewell pool the program was cut. Frank said a nation-wide, bipartisan effort and 15,000 sq. ft. of new sidewalks including ‘‘They really rely on the staff and services. over the past few months has secured the Park Street. Some have no family or their spouse died CDBG program while proving ‘‘democracy is and they need some support,’’ Bisson said. still very alive.’’ ‘‘The efforts of people from IN JEOPARDY Lois Meunier, 71, moved from her mobile all over the country made this happen, and I (By Joanna James) home after her husband died in 1999 and now can tell you right now this vote is going to lives in Caswell Grove Housing. Meunier has come out the right way,’’ Frank said. TAUNTON.—Here are some faces hidden be- no children or local family and said the high- Frank said more than 50 senators from hind the numbers. Here are some people’s light of her week is the visit from her case- stories hidden behind the political speak. both parties signed a March 2 letter to the worker, Betty Charette. Senate Appropriations Committee asking to Local residents and officials said they ‘‘She’s just so wonderful,’’ Meunier said. would be heartbroken if services provided by save the CDBG program and keep its current ‘‘She’s a Godsend for me.’’ funding level. the Community Development Block Grant Charette is one of the five caseworkers who (CDBG) were eliminated. If Congress accepts The people who filled the standing-room- go to senior citizens’ homes to keep them only City Council chambers last night and President George W. Bush’s 2006 budget pro- company, talk and help them by filling out posal to eliminate the CDBG—three-year- worked hard to keep the program alive heard insurance forms, meals, or in Meunier’s case, what they hoped for from Frank. olds, to high school students, to senior citi- getting her hair done. David Bachrach, director of the Mayor’s zens—will feel the loss and city officials said Other than the case workers, the CDBG Office of Community Development, has they couldn’t bear the burden. also funds a visiting nurse to help with medi- worked tirelessly to save the CDBG program David Bachrach, director of the Mayor’s cines and a computer center for elderly to and said it was hard for him to put into Office of Community Development (MOCD), use the Internet. said 348 youths have benefited from the If the CDBG stopped funding the Depart- words how happy he was. CDBG over the last three years. ment of Human Services, the case workers ‘‘This is a huge relief. I’m totally Project Achieve received approximately and nurse wouldn’t exist anymore. psyched,’’ Bachrach said. Local residents $25,000 this year towards MCAS tutoring and ‘‘I would feel very badly about it [if stood up and gave testimonials on how they providing after school jobs to 17- and 18-year- Charette’s position was cut],’’ Meunier said. benefited from the grant program. old students who may be the only bread-win- ‘‘I just look forward to it so much, she’s been After buying a city home that was in need ners in their families. such a comfort for me.’’ of major renovations, Jeanne-Marie Beatty Leonard Hull, budget coordinator for More than 622 families and 740 single par- was laid off from her job. She had nowhere to Project Achieve, said many of the students ent households have used the CDBG funds turn and no money. Beatty saw a CDBG ad- Project Achieve helps are born into difficult over the past three years, according to the vertisement and said it was ‘‘too good to be environments that they had no control over MOCD. true’’ when she realized the program would and can easily lose hope. The literacy program for families at edu- help her finish her house. ‘‘We’re trying to help them believe that cational risk provides parents with the con- ‘‘I couldn’t be happier. I’m thrilled the pro- the American dream is still a possibility,’’ fidence to know they can be their children’s gram will continue,’’ Beatty said. ‘‘It’s a Hull said. ‘‘They can make something of best teachers, according to Debbi Jenkins, win-win situation for so many people and it themselves, and in the long run the commu- program’s coordinator. all goes back to the community.’’ nity gets a lot more back.’’ Home visitors bring educational toys, Frank said the administration had no hor- Three students—who work two hours, five books, puzzles and other tools to teach chil- ror stories to tell about the CDBG program, days per week after attending full-time dren shapes, numbers and how to appreciate because there were none. Rather. Frank said classes at Taunton High School and receive reading and learning. Every other week the the only reason President Bush proposed the MCAS tutoring a few hours per week—said parents get to keep whatever educational CDBG cut is because the Bush realized he they now believe in the American dream be- toy is brought to continue teaching the kids. has to reduce the deficit, yet he’s committed cause of Project Achieve. Jill Humann saw how much the program to tax cuts and the war, ‘‘so to do all three Yarelis Rivera, 17, works at JC Penney in helped her daughter and wanted her son he can’t.’’ customer service and hopes to be a nurse or James, 3, to get the same experience. Both ‘‘It shows the president’s philosophy that flight attendant one day after graduating children were slow to speak and express tax cuts to the wealthy and his commitment from a community college. themselves. to the war in Iraq come first and everything ‘‘Once you set a goal and you have people However, after their home visitor Lisa else needs to get cut,’’ Frank said before he to help you, you can make it come true,’’ Ri- Smith has been coming to their house for spoke at the council meeting. ‘‘The president vera said, regarding her experience with two half-hour visits per week, the children is denying that we have value on our city Project Achieve. have excelled. Cheryl Bileau, 17, helps her mother by ‘‘They really learn a lot, I love it,’’ programs.’’ working after school at Redcats U.S.A./ Humann said. ‘‘I think it’s [CDBG funding Some other city programs funded by the Chadwicks and babysitting her cousin and towards the program] the best thing for kids. CDBG that local residents spoke about were younger siblings. Since Bileau’s father died They’d be lost without it.’’ the business training and lending programs last Christmas from a massive heart attack Humann said she has learned so much from for small business owners. City students also she said it has been ‘‘tough’’ on the family, Smith that she continues the lessons with benefited from Project Achieve through the but she has been surrounded by supportive her children when Smith isn’t around. Taunton Area School to Career program. people from Project Achieve. Smith said when she first started lessons Bonnie Brown, 17, and Cheryl Bileau, 17, Once Bileau graduates, she has been of- with the three-year-old, she faced behavioral both juniors at Taunton High School, work fered a full-time job from Redcats. She said issues and had to make him trust her. after school with provided transportation she is saving her money to attend Rob Roy ‘‘He loves social praise, how smart he is and get MCAS tutoring because the CDBG Academy to become a cosmetologist. and how he wants to show Mommy all his partly funds Project Achieve. Frank said Edwina Orelus, 19, came to the U.S. from work,’’ Smith said. ‘‘Now he’s conversing people should not settle in just yet. City pro- Haiti in 2003 to conquer the American dream, and he’s doing so well, I’m so proud of him.’’ grams suffered from Section 8 cutbacks last and from the CDBG funding, her parents’ Bachrach said these success stories are year, and Frank said keeping the CDBG dream for their daughter to get an education just a few examples of how the CDBG has im- should not be used as a bargaining chip to may come true. pacted the community. hurt other programs.

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A06AP8.026 E06PT1 E562 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2005 RECOGNIZING THE CONTRIBU- Doctor of Jurisprudence from the University of his involvements, Mr. Rodriguez has served TIONS OF ATTORNEY JOAQUIN L. Texas School of Law. as Chairman of the Eagle Pass Housing Au- RODRIGUEZ After passing the Texas Bar in 1982, Mr. thority, Legal Counsel of the City of Eagle Rodriguez started his legal career and quickly Pass Library Foundation, and as Advisory HON. HENRY CUELLAR became partner at Knickerbocker, Cowan, Board Member on a number of local Texas Heredia & Rodriguez law firm in Eagle Pass, OF TEXAS banks. Mr. Rodriguez was also elected as TX. Over the years of his career, Mr. IN THE HOUSE OF REPRESENTATIVES Mayor of Eagle Pass with an impressive 94 Rodriguez has mainly dealt within the area of Wednesday, April 6, 2005 personal injury and the representation of percent vote in May, 2002. Mr. CUELLAR. Mr. Speaker, I rise today to Plaintiffs. Among his honors and awards, Mr. recognize attorney Joaquin L. Rodriguez for In 1997, Mr. Rodriguez became a founding Rodriguez was distinguished as ‘‘Professional his many years of service and civic involve- partner at Rodriguez & Muniz-Berain Law Firm of the Year’’ in 1999 by the Eagle Pass Busi- ment. and worked there for 11 years. Afterwards, Mr. ness Journal. He also became a Keeton Fel- Born and raised in Uvalde, Texas, Mr. Rodriguez found Joaquin L. Rodriguez & As- low of the University of Texas School of Law Rodriguez first attended Southwest Texas sociates in 1999 and has since been working Alumni Association in 2001. Junior College before transferring to University there, serving the citizens of Eagle Pass. of Texas at Austin and attaining a B.A. in Gov- While living and working in Eagle Pass, TX, Mr. Speaker, it has been my pleasure today ernment. Later, Mr. Rodriguez attended the Mr. Rodriguez has continued to involve him- to recognize the accomplishments and serv- Texas Tech School of Law and obtained a self and serve in the civic community. Among ices of Mr. Joaquin L. Rodriguez.

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A06AP8.031 E06PT1 April 6, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E563 SENATE COMMITTEE MEETINGS Commissioner of the Consumer Prod- 11:30 a.m. Title IV of Senate Resolution 4, uct Safety Commission, William Energy and Natural Resources Cobey, of North Carolina, to be a Mem- Business meeting to consider pending agreed to by the Senate on February 4, ber of the Board of Directors of the calendar business. 1977, calls for establishment of a sys- Metropolitan Washington Airports Au- SD–366 tem for a computerized schedule of all thority, Floyd Hall, of New Jersey, to 1:30 p.m. meetings and hearings of Senate com- be a Member of the Reform Board (Am- Armed Services mittees, subcommittees, joint commit- trak), and Enrique J. Sosa, of Florida, Personnel Subcommittee tees, and committees of conference. to be a Member of the Reform Board To hold hearings to examine active and This title requires all such committees (Amtrak). Reserve military civilian personnel to notify the Office of the Senate Daily SR–253 programs in review of the Defense Au- thorization Request for fiscal year 2006. Digest—designated by the Rules Com- Energy and Natural Resources To hold hearings to examine developing a SR–232A mittee—of the time, place, and purpose 2 p.m. of the meetings, when scheduled, and reliable supply of oil from domestic oil shale and oil sands resources, focusing Judiciary any cancellations or changes in the on opportunities to advance technology Constitution, Civil Rights and Property meetings as they occur. that will facilitate environmentally Rights Subcommittee As an additional procedure along friendly development of oil shale and To hold hearings to examine judicial ac- tivism regarding federal and state mar- with the computerization of this infor- oil sands resources. riage protection initiatives. mation, the Office of the Senate Daily SD–366 SD–226 Digest will prepare this information for 2:30 p.m. Energy and Natural Resources printing in the Extensions of Remarks APRIL 14 section of the CONGRESSIONAL RECORD National Parks Subcommittee To hold hearings to examine manage- 10 a.m. on Monday and Wednesday of each Energy and Natural Resources week. ment and planning issues for the Na- tional Mall, including the history of To hold hearings to examine S. 388, to Meetings scheduled for Thursday, amend the Energy Policy Act of 1992 to April 7, 2005 may be found in the Daily the development, security projects and other planned construction, and future direct the Secretary of Energy to carry out activities that promote the adop- Digest of today’s RECORD. development plans. tion of technologies that reduce green- SD–366 MEETINGS SCHEDULED house gas intensity and to provide Armed Services credit-based financial assistance and SeaPower Subcommittee APRIL 11 investment protection for projects that To hold closed hearings to examine Navy 9:30 a.m. employ advanced climate technologies shipbuilding and industrial base status or systems, to provide for the estab- Foreign Relations in review of the Defense Authorization To hold hearings to examine the nomina- lishment of a national greenhouse gas Request for fiscal year 2006; to be fol- tions of John Robert Bolton, of Mary- registry. lowed by an open hearing in SR-232A. land, to be U.S. Representative to SD–366 SR–222 United Nations, with the rank and sta- Health, Education, Labor, and Pensions Aging tus of Ambassador and U.S. Represent- To hold hearings to examine lifelong To hold hearings to examine role of em- ative in the Security Council of the education opportunities. ployer-sponsored retirement plans in United Nations, and Representative to SD–430 increasing national savings. the Sessions of the General Assembly Veterans’ Affairs SD–106 of the United Nations during his tenure To hold joint hearings with the House of service as Representative of the Committee on Veterans Affairs to ex- APRIL 13 United States of America to the United amine the legislative presentations of Nations. 9:30 a.m. the Military Officers Association of SD–419 Foreign Relations America, the National Association of 2 p.m. To hold hearings to examine the nomina- State Director of Veterans Affairs, Commerce, Science, and Transportation tions of Daniel Fried, of the District of AMVETS, the American Ex-Prisoners To hold hearings to examine S. 241, to Columbia, to be an Assistant Secretary of War, and Vietnam Veterans of Amer- amend section 254 of the Communica- of State for European Affairs, and Rob- ica. tions Act of 1934 to provide that funds ert Joseph, of Virginia, to be Under 345 CHOB received as universal service contribu- Secretary of State for Arms Control 2:30 p.m. tions and the universal service support and International Security. Judiciary programs established pursuant to that SD–419 Immigration, Border Security and Citizen- section are not subject to certain pro- Indian Affairs ship Subcommittee visions of title 31, United States Code, To hold oversight hearings to examine Terrorism, Technology and Homeland Se- commonly known as the Antideficiency Indian Health. curity Subcommittee Act. SR–485 To hold joint hearings to examine depor- SR–253 Judiciary tation and related issues relating to Armed Services To hold hearings to examine securing strengthening interior enforcement. Emerging Threats and Capabilities Sub- electronic personal data, focusing on SD–226 committee striking a balance between privacy and To hold hearings to examine the Chem- commercial and governmental use. APRIL 19 ical Demilitarization Program of the SD–226 10 a.m. Department of Defense in review of the 10 a.m. Foreign Relations Defense Authorization Request for fis- Banking, Housing, and Urban Affairs To hold hearings to examine the Near cal year 2006. To hold hearings to examine the Federal East and South Asian experience relat- SR–222 Home Loan Bank System. ing to combating terrorism through SD–538 education. APRIL 12 Health, Education, Labor, and Pensions SD–419 9:30 a.m. Business meeting to consider the nomi- Health, Education, Labor, and Pensions Armed Services nation of Lester M. Crawford, of Mary- To hold hearings to examine S. 334, to To receive a closed briefing regarding as- land, to be Commissioner of Food and amend the Federal Food, Drug, and sessment of Iraqi Security Forces. Drugs, Department of Health and Cosmetic Act with respect to the im- SR–222 Human Services. portation of prescription drugs. 10 a.m. SD–430 SD–430 Commerce, Science, and Transportation Armed Services To hold hearings to examine the nomina- Readiness and Management Support Sub- APRIL 20 tions of Michael D. Griffin, of Virginia, committee 10 a.m. to be Administrator of the National To hold hearings to examine high risk Health, Education, Labor, and Pensions Aeronautics and Space Administration, areas in the management of the De- Education and Early Childhood Develop- Joseph H. Boardman, of New York, to partment of Defense in review of the ment Subcommittee be Administrator of the Federal Rail- Defense Authorization Request for fis- To hold hearings to examine early child- road Administration, Nancy Ann Nord, cal year 2006. hood development. of the District of Columbia, to be a SR–232A SD–430

VerDate jul 14 2003 05:58 Apr 07, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M06AP8.000 E06PT1 E564 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2005 Small Business and Entrepreneurship tired Enlisted Association, and the MAY 11 To hold hearings to examine the small Gold Star Wives of America. 9:30 a.m. business health care crisis, focusing on 345 CHOB Judiciary alternatives for lowering costs and cov- 2:30 p.m. To hold an oversight hearing to examine ering the uninsured. Judiciary the Federal Bureau of Investigation’s SR–428A To hold hearings to examine the patent translation program. 2 p.m. system today and tomorrow. SD–226 Armed Services SD–226 Readiness and Management Support Sub- SEPTEMBER 20 APRIL 26 committee 10 a.m. To hold hearings to examine the readi- 10 a.m. Veterans’ Affairs ness of military units deployed in sup- Health, Education, Labor, and Pensions To hold joint hearings with the House port of Operation Iraqi Freedom and Retirement Security and Aging Sub- Committee on Veterans Affairs to ex- Operation Enduring Freedom in review committee amine the legislative presentation of To hold hearings to examine pensions. of the Defense Authorization Request the American Legion. SD–430 for fiscal year 2006. 345 CHOB SR–222 APRIL 27 APRIL 21 9:30 a.m. Indian Affairs CANCELLATIONS 9:30 a.m. To hold oversight hearings to examine Foreign Relations regulation of Indian gaming. APRIL 19 To hold hearings to examine the anti- SR–485 10 a.m. corruption strategies of the African 10 a.m. Health, Education, Labor, and Pensions Development Bank, Asian Development Health, Education, Labor, and Pensions Retirement Security and Aging Sub- Bank and European Bank on Recon- Business meeting to consider pending committee struction and Development. calendar business. To hold hearings to examine pensions. SD–419 SD–430 SD–430 10 a.m. Health, Education, Labor, and Pensions APRIL 28 To hold hearings to examine Association 10 a.m. POSTPONEMENTS Health Plans. Foreign Relations SD–430 To hold hearings to examine U.S. Assist- Veterans’ Affairs ance to Sudan and the Darfur Crisis. APRIL 12 To hold joint hearings with the House SH–216 9:30 a.m. Committee on Veterans Affairs to ex- Health, Education, Labor, and Pensions Foreign Relations amine the legislative presentations of To hold hearings to examine Higher Edu- To hold hearings to examine U.S. agri- the Fleet Reserve Association, the Air cation Act. cultural sales to Cuba. Force Sergeants Association, the Re- SD–430 SD–419

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HIGHLIGHTS The House and Senate met in a Joint Meeting to receive His Excellency Viktor Yushchenko, President of Ukraine. Senate Honoring Sikh Leader Yogi Bhajan: Senate Chamber Action agreed to H. Con. Res. 34, honoring the life and Routine Proceedings, pages S3237–S3340 contributions of Yogi Bhajan, a leader of Sikhs, and Measures Introduced: Twenty-six bills and five res- expressing condolences to the Sikh community on olutions were introduced, as follows: S. 713–738, his passing. Page S3338 and S. Res. 97–101. Pages S3277–78 State Department Authorization: Senate continued Measures Reported: consideration of S. 600, to authorize appropriations H.R. 1268, Making emergency supplemental ap- for the Department of State and international broad- propriations for the fiscal year ending September 30, casting activities for fiscal years 2006 and 2007, for 2005, to establish and rapidly implement regulations the Peace Corps for fiscal years 2006 and 2007, for for State driver’s license and identification document foreign assistance programs for fiscal years 2006 and security standards, to prevent terrorists from abusing 2007, taking action on the following amendments the asylum laws of the United States, to unify ter- proposed thereto: Pages S3240–62, S3265–67 rorism-related grounds for inadmissibility and re- Adopted: moval, to ensure expeditious construction of the San Lugar Amendment No. 266, to strike the amend- Diego border fence, with an amendment in the na- ment to the limitation on the United States share of ture of a substitute. (S. Rept. No. 109–52) assessments for the United Nations Peacekeeping op- S. 732, to authorize funds to Federal aid high- erations. Page S3241 ways, highway safety programs, and transit pro- Dodd Amendment No. 318, to specify require- grams. (S. Rept. No. 109–53) Page S3277 ments under the Arms Export Control Act applica- Measures Passed: ble to the VHXX Executive Helicopter Program (also known as the Marine One Presidential Heli- Commending the University of North Carolina copter Program). Pages S3255–57 Men’s Basketball Team: Senate agreed to S. Res. Rejected: 98, commending the University of North Carolina By 40 yeas to 57 nays (Vote No. 84), Biden men’s basketball team for winning the 2005 Na- Amendment No. 286 (in lieu of the language pro- tional Collegiate Athletic Association Division I posed to be stricken by Lugar Amendment No. Men’s Basketball Championship. Page S3238 266), relative to the United States’ share of assess- Commending Patricia Sue Head Summitt: Sen- ment for United Nations Peacekeeping operations. ate agreed to S. Res. 97, commending Patricia Sue Page S3241 Head Summitt, head women’s basketball coach at Dorgan/Wyden Amendment No. 284, to prohibit the University of Tennessee, for three decades of ex- funds from being used for television broadcasting to cellence as a proven leader, motivated teacher, and Cuba. (By 65 yeas to 35 nays (Vote No. 85), Senate established champion. Pages S3238–39 tabled the amendment.) Pages S3241–48 50th Anniversary of Salk Polio Vaccine: Senate Pending: agreed to S. Res. 101, recognizing the 50th anniver- McCain/DeWine Amendment No. 267, to author- sary of the development of the Salk polio vaccine ize the extension of nondiscriminatory treatment and its importance in eradicating the incidence of (normal trade relations treatment) to the products of polio. Page S3338 Ukraine. Page S3240 D294

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Baucus Amendment No. 281, to facilitate the sale inadmissibility and removal, to ensure expeditious of United States agricultural products to Cuba, as construction of the San Diego border fence. authorized by the Trade Sanctions Reform and Ex- Page S3338 port Enhancement Act of 2000. Page S3240 Appointments: Craig/Roberts Amendment No. 282 (to Amend- ment No. 281), to clarify the payment terms under Advisory Committee on the Records of Congress: the Trade Sanctions Reform and Export Enhance- The Chair announced, on behalf of the Secretary of ment Act of 2000. Page S3240 the Senate, pursuant to Public Law 101–509, the ap- Dodd Amendment No. 283, to express the sense pointment of Paul Gherman, of Tennessee, to the of the Senate concerning recent provocative actions Advisory Committee on the Records of Congress. by the People’s Republic of China. Page S3240 Page S3338 Salazar Amendment No. 308, to increase the ac- Advisory Committee on the Records of Congress: countability and effectiveness of international police The Chair announced, on behalf of the Majority training. Page S3241 Leader, pursuant to Public Law 101–509, the re-ap- Schumer Amendment No. 309, to authorize ap- pointment of Alan C. Lowe, of Tennessee, to the Ad- propriate action if the negotiations with the People’s visory Committee on the Records of Congress. Republic of China regarding China’s undervalued Page S3338 currency are not successful. (By 33 yeas to 67 nays (Vote No. 86), Senate earlier failed to table the Nominations Confirmed: Senate confirmed the fol- lowing nomination: amendment.) Pages S3243, S3249–53 Ensign Amendment No. 319, to encourage multi- John B. Bellinger, of Virginia, to be Legal Adviser lateral cooperation and authorize a program of assist- of the Department of State. Pages S3338, S3340 ance to facilitate a peaceful transition in Cuba. Nominations Received: Senate received the fol- Pages S3259–60 lowing nominations: Ensign Amendment No. 320, to amend chapter Maria Cino, of Virginia, to be Deputy Secretary of 118 of title 18, United States Code, to prohibit for- Transportation. eign war crimes prosecutions of Americans. Timothy D. Adams, of Virginia, to be an Under Page S3260 Secretary of the Treasury. Ensign Amendment No. 321, to ensure the inde- Air Force nomination in the rank of general. pendence of the Inspector General of the United Na- Routine lists in the Air Force, Army, Navy. tions. Page S3260 Pages S3338–40 Ensign Amendment No. 322, to ensure the United Nations maintains a no-growth budget. Messages From the House: Page S3276 Page S3260 Measures Placed on Calendar: Page S3276 Sessions Amendment No. 290, to require aliens to Executive Communications: Pages S3276–77 affirm certain oaths prior to admission to the United Additional Cosponsors: Pages S3278–80 States. Page S3260 Sessions Amendment No. 291, to strike the au- Statements on Introduced Bills/Resolutions: thority to provide living quarters and allowances to Pages S3280–S3318 the United States Representative to the United Na- Additional Statements: Pages S3274–76 tions. Page S3260 Sessions Amendment No. 317, to provide for ac- Amendments Submitted: Pages S3318–37 countability in the United Nations Headquarters Notices of Hearings/Meetings: Page S3337 renovation project. Pages S3261–62 Authority for Committees to Meet: Pages S3337–38 Supplemental Appropriations—Agreement: A Record Votes: Three record votes were taken today. unanimous-consent agreement was reached providing (Total—86) Pages S3241, S3248, S3253 that at 3 p.m., on Monday, April 11, 2005, Senate begin consideration of H.R. 1268, Making emer- Adjournment: Senate convened at 9:32 a.m., and gency supplemental appropriations for the fiscal year adjourned at 8 p.m., until 10 a.m., on Thursday, ending September 30, 2005, to establish and rapidly April 7, 2005, p.m. (For Senate’s program, see the implement regulations for State driver’s license and remarks of the Acting Majority Leader in today’s identification document security standards, to pre- Record on page S3338.) vent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for

VerDate Aug 31 2005 05:41 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D06AP5.REC D06AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE D296 CONGRESSIONAL RECORD — DAILY DIGEST April 6, 2005 Subcommittee on Legislative Branch: Senators Allard Committee Meetings (Chairman), Cochran, DeWine, Durbin, and John- (Committees not listed did not meet) son. Subcommittee on Military Construction and Veterans NOMINATION Affairs, and Related Agencies: Senators Hutchison (Chairman), Burns, Craig, DeWine, Brownback, Al- Committee on Agriculture, Nutrition, and Forestry: Com- lard, McConnell, Feinstein, Inouye, Johnson, mittee concluded a hearing to examine the nomina- Landrieu, Byrd, and Murray. tion of Charles F. Conner, of Indiana, to be Deputy Secretary of Agriculture, after the nominee, who was DEFENSE AUTHORIZATION REQUEST: introduced by Senator Lugar, testified and answered MILITARY INSTALLATION questions in his own behalf. Committee on Armed Services: Subcommittee on Readi- APPROPRIATIONS: NATIONAL INSTITUTES ness and Management Support concluded a hearing OF HEALTH to examine military installation programs in review of the Defense Authorization Request for fiscal year Committee on Appropriations: Subcommittee on Labor, 2006, after receiving testimony from Phillip W. Health and Human Services, Education, and Related Grone, Deputy Under Secretary of Defense for Instal- Agencies concluded a hearing to examine proposed lations and Environment; Geoffrey G. Prosch, Prin- budget estimates for fiscal year 2006 for the Na- cipal Deputy Assistant Secretary of the Army for In- tional Institutes of Health, after receiving testimony stallations and Environment; B.J. Penn, Assistant from Elias Zerhouni, Director, National Institutes of Secretary of the Navy for Installations and Environ- Health, Department of Health and Human Re- ment; and Nelson F. Gibbs, Assistant Secretary of sources. the Air Force for Installations, Environment, and Lo- APPROPRIATIONS: AIR FORCE gistics. Committee on Appropriations: Subcommittee on Defense DEFENSE AUTHORIZATION: TACTICAL concluded a hearing to examine proposed budget es- AVIATION PROGRAMS timates for fiscal year 2006 for the Air Force, after Committee on Armed Services: Subcommittee on Airland receiving testimony from Michael L. Dominguez, concluded a hearing to examine tactical aviation pro- Acting Secretary for Manpower and Reserve Affairs, grams in review of the Defense Authorization re- and General John P. Jumper, Chief of Staff, both of quest for fiscal year 2006, after receiving testimony the U.S. Air Force. from Joseph E. Schmitz, Inspector General, Depart- BUSINESS MEETING ment of Defense; Michael J. Sullivan, Acquisition and Sourcing Management, General Accountability Committee on Appropriations: Committee ordered favor- Office; Christopher Bolkcom, Specialist on National ably reported H.R. 1268, making emergency supple- Defense, Congressional Research Service, Library of mental appropriations for the fiscal year ending Sep- Congress; Michael W. Wynne, Acting Under Sec- tember 30, 2005, to establish and rapidly implement retary of Defense for Acquisition, Technology and regulations for State driver’s license and identifica- Logistics; John J. Young, Jr., Assistant Secretary for tion document security standards, to prevent terror- Research, Development and Acquisition, and Vice ists from abusing the asylum laws of the United Admiral Joseph A. Sestak, Jr., USN, Deputy Chief States, to unify terrorism-related grounds for inad- of Naval Operations for Warfare, Requirements, and missibility and removal, to ensure expeditious con- Programs, both of the United States Navy; Major struction of the San Diego border fence, with an General Stanley Gorenc, USAF, Director, Oper- amendment in the nature of a substitute. ational Capabilities and Requirements, United States ORGANIZATIONAL Air Force; and Brigadier General Martin Post, USMC, Assistant Deputy Commandant for Aviation, Committee on Appropriations: Committee announced United States Marine Corps. the following subcommittee assignments: Subcommittee on District of Columbia: Senators GOVERNMENT–SPONSORED ENTERPRISES Brownback (Chairman), DeWine, Allard, Landrieu, Committee on Banking, Housing, and Urban Affairs: and Durbin. Committee concluded a hearing to examine the role Subcommittee on Energy and Water, and Related Agen- of housing-related government-sponsored enterprises cies: Senators Domenici (Chairman), Cochran, (GSEs) in our economy, focusing on promoting McConnell, Bennett, Burns, Craig, Bond, Hutchison, mortgage securitization, after receiving testimony Allard, Reid, Byrd, Murray, Dorgan, Feinstein, from Alan Greenspan, Chairman, Board of Governors Johnson, Landrieu, and Inouye. of the Federal Reserve System.

VerDate Aug 31 2005 05:41 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D06AP5.REC D06AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 6, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D297 NOMINATION dation, after the nominees testified and answered Committee on Energy and Natural Resources: Committee questions in their own behalf. concluded a hearing to examine the nomination of NON–AMBULATORY PERSONS HEALTH David Garman, of Virginia, to be Under Secretary of CARE Energy, after the nominee testified and answered Committee on Health, Education, Labor, and Pensions: questions in his own behalf. Committee concluded a hearing to examine health care provided to non-ambulatory persons, focusing NOMINATIONS on the medical, scientific, and ethical issues involved Committee on Environment and Public Works: Com- in the diagnosis, treatment, and decision-making for mittee concluded a hearing to examine the nomina- patients with disorders of consciousness resulting tions of Stephen L. Johnson, of Maryland, to be Ad- from severe brain damage, after receiving testimony ministrator of the Environmental Protection Agency, from Rud Turnbull, University of Kansas Beach Luis Luna, of Maryland, to be an Assistant Adminis- Center on Disability, Lawrence; James L. Bernat, trator of the Environmental Protection Agency for Dartmouth Medical School, Hanover, New Hamp- Administration and Resource Management, John shire, on behalf of the American Academy of Neu- Paul Woodley, Jr., of Virginia, to be an Assistant rology; Deborah L. Warden, Defense and Veterans Secretary of the Army for Civil Works, Major Gen- Head Injury Program, Washington, D.C.; and J. eral Don T. Riley, United States Army, to be a Donald Schumacher, National Hospice and Palliative Member and President of the Mississippi River Care Association, Alexandria, Virginia. Commission, Brigadier General William T. Grisoli, United States Army, to be a Member of the Mis- INTELLIGENCE sissippi River Commission, and D. Michael Select Committee on Intelligence: Committee met in Rappoport, of Arizona, to be a Member of the Board closed session to receive a briefing on certain intel- of Trustees of the Morris K. Udall Scholarship and ligence matters from officials of the intelligence Excellence in National Environmental Policy Foun- community. h House of Representatives Joint Meeting to receive His Excellency Viktor Chamber Action Yushchenko, President of Ukraine: The House Measures Introduced: 42 public bills, H.R. and Senate met in a Joint Meeting to receive His 1489–1530; 2 private bills, H.R. 1531, H. Res. Excellency Viktor Yushchenko, President of Ukraine. 201; and 14 resolutions, H. Con. Res. 124–126, and He was escorted into the Chamber by a Committee H. Res. 190–200, were introduced. Pages H1844–46 comprised of Representatives Blunt, Pryce (OH), Additional Cosponsors: Pages H1846–48 Kingston, Doolittle, Gallegly, Weldon (PA), Pelosi, Hoyer, Menendez, Lantos, Harman, and Kaptur and Reports Filed: No reports were filed today. Senators Frist, McConnell, Stevens, Santorum, Speaker: Read a letter from the Speaker wherein he Hutchison, Kyl, Dole, Lugar, Reid, Durbin, appointed Majority Leader Tom DeLay to act as Stabenow, and Clinton. Page H1784 Speaker Pro Tempore for today. Page H1783 Suspensions: The House agreed to suspend the rules Chaplain: The prayer was offered today by Rev. and pass the following measures: L.H. Hardwick, Jr., Pastor, Christ Church in Nash- Realtime Investor Protection Act: H.R. 1077, ville, Tennessee. Page H1783 amended, to improve the access of investors to regu- Recess: The House recessed at 10:06 a.m. for the latory records with respect to securities brokers, deal- purpose of receiving His Excellency Viktor ers, and investment advisers; Pages H1788–90 Yushchenko, President of Ukraine and reconvened at Increased Capital Access for Growing Business 12:16 p.m.; and agreed that the proceedings had Act: H.R. 436, to amend the Investment Company during the Joint Meeting be printed in the Record. Act of 1940 to provide incentives for small business Page H1784 investment; Pages H1790–91

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Mortgage Servicing Clarification Act: H.R. on pages H1821 and H1822 . There were no 1025, amended, to amend the Fair Debt Collection quorum calls. Practices Act to exempt mortgage servicers from cer- Adjournment: The House met at 10 a.m. and ad- tain requirements of the Act with respect to feder- journed at 6:30 p.m. ally related mortgage loans secured by a first lien; Pages H1791–94 Committee Meetings Native American Housing Enhancement Act of AGRICULTURE, RURAL DEVELOPMENT, 2005: H.R. 797, to amend the Native American FDA, AND RELATED AGENCIES Housing Assistance and Self-Determination Act of APPROPRIATIONS 1996 and other Acts to improve housing programs for Indians; Pages H1794–97 Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, Food and Drug Admin- Supporting the goals and ideals of Financial istration, and Related Agencies held a hearing on Literacy Month: H. Res. 148, supporting the goals Natural Resources and Environment. Testimony was and ideals of Financial Literacy Month, by a 2/3 yea- heard from the following officials of the USDA: and-nay vote of 409 yeas to 2 nays, Roll No. 95; Mark E. Rey, Under Secretary, Natural Resources Pages H1797–H1802, H1821–22 and Environment; Bruce I. Knight, Chief, Natural Recognizing and honoring firefighters for their Resources Conservation Service; Wade Daniel many contributions throughout the history of the Runnels, Director, Budget Planning and Analysis Nation: H. Res. 188, recognizing and honoring fire- Division; and Dennis Kaplan, Budget Office. fighters for their many contributions throughout the DEFENSE APPROPRIATIONS history of the Nation; and Pages H1802–06 Committee on Appropriations: Subcommittee on Defense Captain Mark Stubenhofer Post Office Building met in executive session to hold a hearing on Army Designation Act: H.R. 1460, to designate the facil- Acquisition. Testimony was heard from the fol- ity of the United States Postal Service located at lowing officials of the Department of the Army: 6200 Rolling Road in Springfield, Virginia, as the Claude M. Bolton, Jr., Assistant Secretary; and LTG ‘‘Captain Mark Stubenhofer Post Office Building’’. Joseph Yakovac, Jr., Deputy Assistant Secretary, Pages H1806–07 both with Acquisitions and Logistics. Honoring the life and achievements of Pope DEPARTMENT OF LABOR, HHS, John Paul II: The House agreed to H. Res. 190, EDUCATION AND RELATED AGENCIES honoring the life and achievements of His Holiness APPROPRIATIONS Pope John Paul II and expressing profound sorrow Committee on Appropriations: Subcommittee on the De- on his death, by a yea-and-nay vote of 415 yeas with partment of Labor, Health and Human Services, none voting ‘‘nay’’, Roll No. 94. Pages H1807–21 Education, and Related Agencies held a hearing on The measure was considered under a unanimous the Centers for Disease Control and Prevention. Tes- consent agreement reached yesterday, April 5. timony was heard from Julie L. Gerberding, M.D., House Commission on Congressional Mailing Director, Center for Disease Control and Prevention, Standards: The Chair announced the Speaker’s ap- Department of Health and Human Services. pointment of the following Members to the House INTERIOR, ENVIRONMENT, AND RELATED Commission on Congressional Mailing Standards: AGENCIES APPROPRIATIONS Representatives Ney, Aderholt, Sweeney, Millender- Committee on Appropriations: Subcommittee on Inte- McDonald, Holt, and Sherman. Page H1822 rior, Environment and Related Agencies held a hear- Meeting Hour: Agreed that when the House ad- ing on the Kennedy Center. Testimony was heard journs today it adjourn to meet at 10 a.m. on Fri- from Michael M. Kaiser, President, Kennedy Center day, April 8, and further, when the House adjourns and Keith Cuttingham and Mark Goldstein, both on that day, it adjourn to meet at 12:30 p.m. on with GAO. Tuesday, April 12 for Morning Hour debate. MILITARY QUALITY OF LIFE, AND Page H1823 VETERANS AFFAIRS, AND RELATED Calendar Wednesday: Agreed to dispense with the AGENCIES APPROPRIATIONS Calendar Wednesday business of Wednesday, April Committee on Appropriations: Subcommittee on Mili- 13. Page H1823 tary Quality of Life, and Veterans Affairs, and Re- Quorum Calls—Votes: Two yea-and-nay votes de- lated Agencies held a hearing on Defense Health veloped during the proceedings of today and appear Program, the United States Court of Appeals for

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Veterans Claims, the American Battle Monuments Klein, Assistant to the Secretary (Nuclear, Chemical Commission, the Arlington National Cemetery, and and Biological Defense Programs); Claude Bolton, on the Armed Forces Retirement Home. Testimony Assistant Secretary, Army (Acquisition, Logistics, was heard from the following officials of the Depart- and Technology); Pat Wakefield, Deputy Assistant ment of Defense: William Winkenwerder, Jr., M.D., to the Secretary (Chemical Demilitarization and Assistant Secretary, Health Affairs; LTG Kevin C. Counterproliferation); and Mike Parker, Director, Kiley, M.D., U.S. Army Surgeon General Com- U.S. Army Chemical Materiel Agency; Craig mander, U.S. Army Medical Command; LTG George Conklin, Chief, Nuclear and Chemical Hazards Peach Taylor, Jr., M.D., Surgeon General, U.S. Air Branch Preparedness Division, Emergency Prepared- Force; and VADM Donald C. Arthur, Medical Corps ness and Response Directorate, FEMA, Department Surgeon General Chief, Bureau of Medicine and Sur- of Homeland Security; and Thomas Sinks, Acting gery; Donald Ivers, Chief Judge; and William Director, National Center, Environmental Health/ Greene, Judge, both with the U.S. Court of Appeals Agency for Toxic Substances and Disease Registry, for Veterans Claims; GEN Fredrick M. Franks, Jr., Centers for Disease Control and Prevention, Depart- U.S. Army (ret.), Chairman; and BG John W. Nich- ment of Health and Human Services. olson, U.S. Army (ret.), Secretary, American Battle Monuments Commission; John Paul Woodley, Office SINGLE-EMPLOYER PENSION PLANS of the Assistant Secretary of the Army, (Civil Works) Committee on Education and the Workforce: Ordered re- and Timothy C. Cox, Chief Operating Officer, ported unfavorably H. Res. 134, Requesting the Armed Forces Retirement Home. President to transmit to the House of Representa- tives certain information relating to plan assets and IRAQ’S PAST, PRESENT, AND FUTURE liabilities of single-employer pension plans. Committee on Armed Services: Held a hearing on Iraq’s past, present and future. Testimony was heard from ENERGY POLICY ACT the following former officials of the Department of Committee on Energy and Commerce: Began markup of Defense: GEN Wesley Clark, USA (ret.), Combatant the Energy Policy Act of 2005. Commander, European Command; and Richard Will continue April 12. Perle, Assistant Secretary, International Security Pol- COMMUNITY DEVELOPMENT BUDGET icy. Committee on Financial Services: Held a hearing enti- NATIONAL DEFENSE AUTHORIZATION tled ‘‘Strengthening America’s Communities: A Re- BUDGET REQUEST FOR FISCAL YEAR 2006 view of the Administration’s FY 2006 Budget Initia- Committee on Armed Services: Subcommittee on Readi- tive.’’ Testimony was heard from Carlos M. Gutier- ness held a hearing on Fiscal Year 2006 National rez, Secretary of Commerce; Alphonso Jackson, Sec- Defense Authorization budget request—Military retary of Housing and Urban Development; and Clay Service’s Requirement on Reconstitution of Equip- Johnson III, Deputy Director, Management, OMB. ment. Testimony was heard from the following offi- cials of the Department of Defense: LTG Claude V. FANNIE MAE—OFHEO’s EFFORTS TO Christianson, USA, Deputy Chief of Staff, G–4, U.S. ENSURE SAFE AND SOUND OPERATIONS Army; RADM Mark A. Hugel, USN, Deputy Direc- Committee on Financial Services: Subcommittee on Cap- tor, Fleet Readiness (OPNAV N43B), Staff of the ital Markets, Insurance and Government Sponsored Chief of Naval Operations, U.S. Navy; LTG Jan C. Enterprises held a hearing entitled ‘‘Additional Ac- Huly, USMC, Deputy Commandant, Plans, Policies, counting and Management Failures at Fannie Mae— and Operations, Headquarters, U.S. Marine Corps; OFHEO’s Efforts to Ensure Safe and Sound Oper- and LTG Donald J. Wetekam, USAF, Deputy Chief ations.’’ Testimony was heard from Armando Falcon, of Staff, Installations and Logistics, U.S. Air Force; Director, Office of Federal Housing Enterprise Over- and Douglas Holtz-Eakin, Director, CBO. sight, Department of Housing and Urban Develop- NATIONAL DEFENSE AUTHORIZATION ment. BUDGET REQUEST FOR FISCAL YEAR 2006 ENERGY SECURITY POLICY Committee on Armed Services: Subcommittee on Ter- Committee on Government Reform: Subcommittee on rorism, Unconventional Threats and Capabilities Energy and Resources held a hearing entitled held a hearing on the Fiscal Year 2006 National De- ‘‘America’s Energy Needs as Our National Security fense Authorization budget request—Destruction of Policy.’’ Testimony was heard from Jeffrey Clay Sell, the U.S. Chemical Weapons Stockpile—Program Deputy Secretary, Department of Energy; R. James Status and Issues. Testimony was heard from the fol- Woolsey, former Director, CIA; and public wit- lowing officials of the Department of Defense: Dale nesses.

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VerDate Aug 31 2005 05:41 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORDCX\T37X$J0E\D06AP5.REC D06AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 6, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D301 Israel; Leon Fuerth, The George Washington Univer- States Circuit Judge for the District of Columbia Circuit, sity, Washington, D.C.; Jon Voight, Los Angeles, 9:30 a.m., SD–226. California; and Joseph Wineberg, Miami, Florida. Committee on Veterans’ Affairs: to hold hearings to exam- ine the nomination of Jonathan Brian Perlin, of Mary- f land, to be Under Secretary of Veterans Affairs for COMMITTEE MEETINGS FOR THURSDAY, Health, 10 a.m., SR–418. Select Committee on Intelligence: to hold closed hearings to APRIL 7, 2005 examine certain intelligence matters, 1:30 p.m., SH–219. (Committee meetings are open unless otherwise indicated) House Senate Committee on Appropriations, Subcommittee on Agri- Committee on Appropriations: Subcommittee on Transpor- culture, Rural Development, Food and Drug Administra- tation, Treasury and General Government, to hold hear- tion, and Related Agencies, on Research, Education, and ings to examine the proposed budget estimates for fiscal Extension, 9:30 a.m., 2362A Rayburn. year 2006 for the Internal Revenue Service, 9:30 a.m., Subcommittee on the Department of Labor, Health and SD–138. Human Services, Education and Related Agencies, on Subcommittee on Energy and Water, to hold hearings OSHA, on Mine Safety and Health Administration, and to examine the proposed budget estimates for fiscal year on National Institute for Occupational Safety and Health, 2006 for the Corps of Engineers and the Bureau of Rec- 10 a.m., 2358 Rayburn. lamation, 2 p.m., SD–138. Subcommittee on Departments of Transportation, Committee on Armed Services: Subcommittee on Strategic Treasury, and Housing and Urban Development, the Ju- Forces, to hold hearings to examine Ballistic Missile De- diciary, District of Columbia, and Independent Agencies, fense Programs in review of the Defense Authorization on GSA, 3 p.m., 2358 Rayburn. Request for fiscal year 2006, 2:30 p.m., SR–222. Subcommittee Military Quality of Life, and Veterans Committee on Banking, Housing, and Urban Affairs: to Affairs, and Related Agencies, on BRAC/Global Posture continue hearings to examine regulatory reform of the Review; 9:30 a.m., and on public witnesses, 1:30 p.m., Government-Sponsored Enterprises, 10 a.m., SD–538. H–143 Capitol. Committee on the Judiciary: business meeting to consider Committee on Armed Services, Subcommittee on Military S. 378, to make it a criminal act to willfully use a weap- Personnel, hearing on the Fiscal Year 2006 National De- on with the intent to cause death or serious bodily injury fense Authorization budget request-Military Resale and to any person while on board a passenger vessel, S. 119, Morale Welfare and Recreation Overview, 1 p.m., 2212 to provide for the protection of unaccompanied alien chil- Rayburn. dren, S. 629, to amend chapter 97 of title 18, United Committee on Government Reform, hearing entitled ‘‘No States Code, relating to protecting against attacks on rail- Computer Left Behind: A Review of the Federal Govern- roads and other mass transportation systems, and the ment’s D+Information Security Grade,’’ 10 a.m., 2154 nominations of Terrence W. Boyle, of North Carolina, to Rayburn. be United States Circuit Judge for the Fourth Circuit, Priscilla Richman Owen, of Texas, to be United States Joint Meetings Circuit Judge for the Fifth Circuit, Robert J. Conrad, Jr., Commission on Security and Cooperation in Europe: to hold to be United States District Judge for the Western Dis- hearings to examine the recent revolution in Kyrgyzstan trict of North Carolina, James C. Dever III, to be United and the prospects now for consolidating democracy, focus- States District Judge for the Eastern District of North ing on the implications for Central Asia, Belarus, Russia Carolina, and Thomas B. Griffith, of Utah, to be United and the United States, 1 p.m., SR–428A.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, April 7 10 a.m., Friday, April 8

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Friday: The House will meet at 10 a.m. morning business. in pro forma session.

Extensions of Remarks, as inserted in this issue

HOUSE Davis, Jim, Fla., E556 Moore, Dennis, Kans., E555 Emanuel, Rahm, Ill., E556 Pelosi, Nancy, Calif., E557 Becerra, Xavier, Calif., E557 Faleomavaega, Eni F.H., American Samoa, E556 Rogers, Mike, Ala., E559 Bonner, Jo, Ala., E559 Frank, Barney, Mass., E559 Scott, Robert C., Va., E556 Cuellar, Henry, Tex., E555, E557, E557, E562 Maloney, Carolyn B., N.Y., E556 Towns, Edolphus, N.Y., E555 z

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