May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9145 HOUSE OF REPRESENTATIVES—Wednesday, May 11, 2005

The House met at 10 a.m. and was A SPECIAL TRIBUTE TO DANIEL we will win back the Congress in 2006 called to order by the Speaker pro tem- PATRICK GALLAGHER ON THE on the Social Security issue that many pore (Mr. SIMPSON). OCCASION OF HIS SERVICE AS have stopped challenging the adminis- f GUEST CHAPLAIN TO THE tration on the war on Iraq: Let us take UNITED STATES HOUSE OF REP- the war off the table as an issue and DESIGNATION OF THE SPEAKER RESENTATIVES focus on other issues. PRO TEMPORE It is not a new strategy. It was pur- (Mr. GILLMOR asked and was given The SPEAKER pro tempore laid be- sued by congressional Democrats in permission to address the House for 1 fore the House the following commu- minute and to revise and extend his re- 2002 when our leadership supported the nication from the Speaker: marks.) war in Iraq. We lost. It was furthered WASHINGTON, DC, Mr. GILLMOR. Mr. Speaker, I rise in 2004 when our nominee supported the May 11, 2005. today to pay tribute to a truly wonder- war. We lost. We lost a chance to re- I hereby appoint the Honorable MICHAEL K. ful friend of the Fifth Congressional gain the Congress and take back the SIMPSON to act as Speaker pro tempore on District of Ohio. Daniel P. Gallagher is White House, and the American people this day. lost a chance for a new start. Why? Be- J. DENNIS HASTERT, currently the minister at Edon Church Speaker of the House of Representatives. of Christ in Edon, Ohio. Today the cause we did not challenge the central vulnerability of the administration f House was honored to open our legisla- tive session by the inspirational words that led this country into war, into a PRAYER of Daniel as our guest chaplain. war based on lies and misrepresenta- The Reverend Daniel P. Gallagher, To his soldiers at Valley Forge, our tions. Pastor, Edon Church of Christ, Edon, Nation’s Founding Father George Democrats’ failure to challenge the Ohio, offered the following prayer: Washington proclaimed, ‘‘To the dis- war represents a failure of the two- O Lord, God of heaven and earth, tinguished character of patriot, it party system. For the Democrats to be- there is no God like You. Your mercy should be our highest glory to add the come politically viable in 2006 and 2008, and grace continue to shower down on more distinguished character of Chris- we must take on this administration Your servants, those of this great tian.’’ Today, before our House could on the War on Iraq, not giving them building who serve this Nation’s peo- again open and continue to work the more money to keep the war going. We ple, a Nation started not by accident will of the people, we paused, and we must move to cut off funds, to bring but by Your providence and watch paused, as we have each morning since our troops home, to get out of Iraq, to care. the Continental Congress, to give make those who lied to us to get us I ask of You, Lord, to help guide thanks and ask for strength. into war accountable, to hold them ac- these men and women to make deci- We have had a chaplain since 1789, countable in the courts. and as Guest Chaplain, Daniel Galla- sions that will make this country bet- f gher continues the great tradition by ter and stronger, not just in the phys- offering his leadership and guidance to THEY WILL NOT JUST DIE ical sense but in the spiritual as well. this institution. ANYWAY Help these leaders to keep their eyes Through Reverend Gallagher’s opening focused on Your desires to make this (Mr. PITTS asked and was given per- prayer today, the Village of Edon has ex- country what You intended her to be mission to address the House for 1 tended its arms and offered their prayers to minute and to revise and extend his re- when You first brought people to its those elected to serve them. shores to be a ‘‘light on a hill’’ for all marks.) Williams County, Ohio is proud to claim the Mr. PITTS. Mr. Speaker, some time the world to see. But, Father, may the Village of Edon and its nearly one thousand world not see the might of this country this summer, the House will vote on a citizens. The county borders both the States of bill to allow Federal funds to be used but the Almighty, who is our Watch- Michigan and Indiana. This wonderful area of man. Amen. to destroy embryos stored at IVF clin- Ohio produces great crops for consumption, ics in order to harvest their stem cells. f machines for production and the toys which Those voting for this legislation will THE JOURNAL deliver upon us the joyful sounds of children say that these are leftover embryos. laughing. Williams County and the Village of They will say they are going to be The SPEAKER pro tempore. The Edon provide the fruit of life to our Nation and Chair has examined the Journal of the killed anyway. today it has sent us its shepherd. Well, they are wrong. Only 2.8 per- last day’s proceedings and announces Mr. Speaker, I ask my colleagues to join me cent of embryos in IVF clinics have to the House his approval thereof. in paying special tribute to Daniel P. Gallagher been set aside for research; the rest are Pursuant to clause 1, rule I, the Jour- as we give thanks for his inspiring words. On nal stands approved. behalf of the people of the Fifth District of destined for implantation or adoption. But, we do not need to kill these em- f Ohio, I am proud to recognize his faith and service. We wish Daniel and his family the bryos to do stem cell research. Stem PLEDGE OF ALLEGIANCE best as we salute one of Ohio’s finest citizens. cells can be taken from many adult sources: fatty tissue, spleen, liver, The SPEAKER pro tempore. Will the f gentleman from Georgia (Mr. PRICE) sinus, bone marrow, just to name a come forward and lead the House in the NEW FOCUS TO BRING OUR few. These are called adult stem cells. Pledge of Allegiance. TROOPS HOME Adult stem cell research is currently Mr. PRICE of Georgia led the Pledge (Mr. KUCINICH asked and was given treating 58 diseases successfully. Em- of Allegiance as follows: permission to address the House for 1 bryonic stem cell research is treating I pledge allegiance to the Flag of the minute and to revise and extend his re- none: 58, adult stem cell; zero, embry- United States of America, and to the Repub- marks.) onic stem cell. If there were no ethical lic for which it stands, one nation under God, Mr. KUCINICH. Mr. Speaker, con- alternative, which there is, if we ap- indivisible, with liberty and justice for all. gressional Democrats are so sure that plied ‘‘they are going to die anyway’’

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

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9146 CONGRESSIONAL RECORD—HOUSE May 11, 2005 rationale to other areas of research, it Four vacancies continue to exist in minute and to revise and extend his re- would justify such things as harvesting the Sixth Circuit Court of Appeals marks.) organs from death-row inmates and where my district of Cincinnati is con- Mr. SHIMKUS. Mr. Speaker, I would from terminally ill patients. tained. One of those vacancies could like to say welcome back, Mr. Presi- We should support adult stem cell re- have been filled by Judge Richard Grif- dent, from your historic trip to Europe. search, not embryonic. fin whose nomination has been pending As a former military officer and a f for 145 days, 145 days. Judge Griffin has high school history teacher, I thank the support of his colleagues and indi- and appreciate the Soviet Union and UNITED AIRLINES DEFAULT RE- viduals such as former President Ger- the Russian people for their sacrifice in MINDS US OF NEED TO PRE- ald Ford. He has been rated by the helping to win World War II. SERVE SOCIAL SECURITY American Bar Association as ‘‘well Some would justifiably argue that (Mr. EMANUEL asked and was given qualified,’’ a rating that has histori- the Russians carried the lion’s burden permission to address the House for 1 cally secured a nominee’s confirma- in Europe, both in sacrifice and mate- minute and to revise and extend his re- tion, but not anymore. riel. However, as much as we thank the marks.) If the Senate wants to amend the Russian people for their sacrifice, we Mr. EMANUEL. Mr. Speaker, today Constitution, it should do so as pro- must also remember the five decades of we are given a stark reminder of what vided by our Founding Fathers, not by totalitarian regime that ruled over five is at stake in this debate about Social the threats of a minority to shut the of the Eastern European Block coun- Security. place down if they do not get their tries, those that we call the former Yesterday, United Airlines unloaded way. captive nations. Loss of liberty, free- their pension plan for their 100,000-plus f dom, rule of law, executions, deporta- employees onto the taxpayer, resulting TRIBUTE TO MIGUEL CONTRERAS tions and Russification was imposed on in benefits being cut up to 40 percent. many countries. By the President (Ms. LINDA T. SA´ NCHEZ of Cali- Now, go ask those United Airlines’ em- book-ending his trip with a visit to fornia asked and was given permission ployees what they think of Social Se- Latvia and Georgia, we should know to address the House for 1 minute and curity as part of their retirement. that old animosities can be put aside Earlier this year, US Airways un- to revise and extend her remarks.) Ms. LINDA T. SA´ NCHEZ of Cali- and a new Europe can emerge, one that loaded their pension plan on the tax- fornia. Mr. Speaker, I rise today to pay promotes freedom and democracy and payers, cutting benefits up to 50 per- tribute to Miguel Contreras, who died the rule of law. cent. Go ask those U.S. Airways’ em- unexpectedly on Friday, May 6, 2005. f ployees what they think of Social Se- As executive-secretary treasurer of curity. the Los Angeles County Federation of NEW AXIS OF EVIL It may come as a shock to some, but Labor and a vice president of the Cali- the American people like the security (Mr. CROWLEY asked and was given fornia Labor Federation, Miguel was a permission to address the House for 1 that comes with Social Security. That staunch champion for working families is what this debate is about. For minute and to revise and extend his re- in Los Angeles and throughout our Na- marks.) United Airlines’ employees, U.S. Air- tion. His leadership reenergized our Na- ways’ employees, the steel industry be- Mr. CROWLEY. Mr. Speaker, we all tion’s labor movement. know about the axis of evil. Iran and fore them and probably the auto indus- Miguel began his life working in the North Korea’s pursuit of nuclear weap- try coming next, Social Security is the fields of southern California alongside ons is frightening, and we need to do linchpin to their retirement security. his immigrant parents. After meeting everything we can do to stop it. They reject the idea of doing to Social Cesar Chavez, he became active in the But now there is a new axis of evil, Security what just happened to their United Farm Workers Union. private plan, where they put their per- Under Miguel’s leadership, union apparently, and it starts right here in sonal and employer-based savings. It is membership in the Los Angeles County Washington. The axis of evil for this now on the roulette table, and benefits area grew by more than 125,000, cre- administration is bull’s-eye, square are being cut by 40 percent. ating a powerful voice for working one, the United States Senate and the The fact is, that is what this debate families. Miguel led successful orga- 45 members of its minority. Because is, for two-thirds of seniors and 40 per- nizing campaigns for janitors and bus while not yet a nuclear State, that is cent of widows rely on Social Security drivers, among others. exactly what the Republicans want to as their only retirement. Mr. Speaker, In a lifetime dedicated to service of make it by eliminating the filibuster this debate is more than about the sol- working men and women, Miguel rule. vency of Social Security; it is about re- Contreras touched many lives, includ- Not only does the Republican Party tirement security for every American. ing my own. It was Miguel who encour- demonstrate yet again that when they f aged and supported my run for execu- do not get their way, they do not be- tive-secretary treasurer of the Orange lieve in playing fair, they want to FILIBUSTER OF JUDICIAL change the rules. When they cannot NOMINEES ILL-SERVES AMERICA County Federation of Labor. I became the first Latina to head a federation, so change the rules, their leadership bul- (Mr. CHABOT asked and was given I jokingly described myself as Miguel lies judges and pushes legislation that permission to address the House for 1 Contreras in high heels. I want to has no business being in the United minute.) thank him for being a great role model States Congress and is left best to the Mr. CHABOT. Mr. Speaker, blocking and teaching me many of life’s invalu- States. When that does not work, they confirmation of judges by a minority in able lessons. eliminate the voice of the minority and the Senate ill-serves the American peo- Miguel was not only a friend and a appoint, for lifetime appointments, to ple. mentor to me, but more importantly, the Federal and supreme Court. Filibustering judges is not part of the he was a remarkable labor leader, ac- Let us remember that Democrats in Constitution; it is not even part of the tivist, community spokesman, power the United States Senate combined old Senate rules. The Constitution is broker, husband and father, and he will represent more Americans than do clear on what is required of the Senate be sorely missed. their Republican colleagues. and its responsibility under the Advice f We have a proud history of an inde- and Consent Clause as it applies to ju- pendent judiciary and checks and bal- dicial nominations: Majority support. PROMOTING FREEDOM AND ances. That is something that Iran and Never has a nominee with clear major- DEMOCRACY IN EUROPE North Korea cannot say. If Bill Frist ity support been denied an up-or-down (Mr. SHIMKUS asked and was given gets his way, it is something we will vote. permission to address the House for 1 not be able to say, either.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9147 ISRAEL INDEPENDENCE DAY to change the rules now and eliminate Kent State with a degree in journalism (Ms. ROS-LEHTINEN asked and was this important check and balance. and was editor of the Daily Kent given permission to address the House f Stater. The Pulitzer defines excellence in for 1 minute and to revise and extend EMPLOYEE PENSION PRESERVA- journalism, and it is personally grati- her remarks.) TION AND TAXPAYER PROTEC- fying to me that Ohio’s public univer- Ms. ROS-LEHTINEN. Mr. Speaker, TION ACT today we mark Israel Independence sities helped these talented individuals Day. (Mr. PRICE of Georgia asked and was achieve this extraordinary honor. Israel has stood as a symbol of perse- given permission to address the House f for 1 minute.) verance and courage for the entire DR. CALVIN R. FREMLING world from its birth in 1948. It has Mr. PRICE of Georgia. Mr. Speaker, struggled constantly to maintain its did you hear the news this morning? (Mr. GUTKNECHT asked and was independence and to ensure its survival The U.S. Bankruptcy Court allowed given permission to address the House amidst military attacks from hostile United Airlines to default, to end four for 1 minute and to revise and extend neighbors and prolonged terrorist cam- pension plans. They will be transferred his remarks.) paigns. Even while at war, Israel’s de- to the Federal Pension Benefit Guar- Mr. GUTKNECHT. Mr. Speaker, the mocracy and its vibrant, diverse and antee Corporation and ultimately the Mississippi River is called the Father free society has remained strong. Its American taxpayer. Unless Congress of Waters. I rise today to honor the work of Dr. doors have been opened to victims of acts, other major airlines will follow Calvin R. Fremling of Winona, Min- persecution and intolerance around the the same path and end their pension nesota. For nearly 50 years, Dr. world. It has been said that the plans, the cost of which will ultimately Fremling has been a student of the strength of a nation is determined by be borne by the taxpayers. We need to Mississippi River. He has shared his the caliber of its people, and there is act now. Hard-working taxpayers are passion as a teacher, researcher, histo- perhaps no better example of this than already on the line for nearly $10 bil- rian, and photographer. the State of Israel and the Israeli peo- lion in unfunded pension liabilities He received his bachelor’s degree in ple. from just two airlines that are in bank- Today, as the State of Israel marks ruptcy. biology and physical science from St. its 57th anniversary, we reiterate our There is a solution: H.R. 2106. This Cloud State University in 1951 and his commitment to its security and its sta- bill limits taxpayer liability and allows Ph.D. in zoology from Iowa State Uni- bility. responsible companies to manage their versity in 1959. After brief service as a I extend my best wishes and con- pension liabilities. It makes certain teacher in Motley High School and gratulations to the Israeli people and that airline carriers meet their current with the U.S. Army’s Ecological Re- to the Jewish Nation. obligations with no subsidy from the search Unit, he returned to SCSU to Federal Government, the taxpayers. earn his master’s degree in biology. f Mr. Speaker, when major airlines file Dr. Fremling then joined the faculty REPUBLICAN CHANGE OF FILI- for bankruptcy, taxpayers lose, em- at Winona State University where he BUSTER RULE IS ABUSE OF ployees are out of jobs, retirements are taught and conducted research for 32 POWER jeopardized, and the economy suffers. years until his retirement in 1991. He (Mr. PALLONE asked and was given We should act now on behalf of the just released his book, ‘‘Immortal permission to address the House for 1 American taxpayer. More bankruptcy River: The Upper Mississippi River in minute and to revise and extend his re- headlines are coming unless we move Ancient and Modern Times.’’ The book marks.) responsibly, and I ask my colleagues to is a record of lifetime of work dedi- Mr. PALLONE. Mr. Speaker, Repub- join me in this important and vital cated to protecting the ecology of the licans have become so arrogant with matter to save jobs, retirements, and Mississippi River. their absolute power here in Wash- taxpayer money. Support H.R. 2106. I thank Dr. Fremling for his work ington that whenever they do not get f with one of our national treasures and for his commitment to our young peo- their way, they try to change the rules PULITZER PRIZE WINNERS FROM ple. of the game. In January, House Repub- OHIO licans ignored protocol and weakened f the ethics rules in order to protect one (Mr. BROWN of Ohio asked and was given permission to address the House SCHOOL BUS SAFETY AND THE of their leaders, and now Senate Re- SECURE ACT OF 2005 publicans are preparing to change the for 1 minute.) filibuster rule which has been in place Mr. BROWN of Ohio. Mr. Speaker, I (Mr. CLEAVER asked and was given beyond anyone’s memory. stand today to announce and commend permission to address the House for 1 Republicans say Senate Democrats the 2005 winners of the Pulitzer Prize minute.) are preventing President Bush’s judi- and take particular notice that four of Mr. CLEAVER. Mr. Speaker, I rise to cial appointments from taking the this year’s winners are graduates of offer my condolences to the victims bench, but let us set the record Ohio’s public State universities. and their families of Tuesday’s school straight. Walter Bogdanich, with the New bus accident in Liberty, Missouri, just During President Bush’s first 4 years York Times, won the Pulitzer for Na- north of my district in Kansas City. in office, the Senate confirmed 204 of tional Reporting, getting a master’s That tragic accident killed two adults his 214 nominees; that is a 95 percent degree in journalism from Ohio State. and injured 23 children, some criti- confirmation rate. Julia Keller, with the Chicago Trib- cally. The tragic accident of which I une, won the Pulitzer for Feature Writ- speak, Mr. Speaker, has generated a b 1015 ing after earning a doctoral degree in great deal of trauma in our commu- The Senate has been so productive in English from Ohio State. nity, understandably, because these in- approving Bush’s nominees that the Nick Anderson, with the Louisville juries could easily have been prevented Federal court vacancy rate is at its Courier-Journal, won the Pulitzer for had the school bus in question been lowest point in 15 years. Editorial Cartooning after graduating equipped with safety belts. Over 23 mil- Mr. Speaker, the filibuster has been from Ohio State with a degree in polit- lion children ride school buses every used by Democrats and Republicans for ical science. day, and almost none of them are 200 years to protect the rights of the And of course I am most proud of my equipped with seatbelts. While no one minority party. After 2 centuries, it wife, Connie Schultz, of the Plain Deal- anticipates a tragedy like that which would be a mistake and an extreme er in Cleveland who won the Pulitzer occurred in Liberty, we do owe it to abuse of power by Senate Republicans for Commentary. She graduated from our children to do all we can to ensure

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9148 CONGRESSIONAL RECORD—HOUSE May 11, 2005 their safety while traveling to and that America cannot invest in its pen- extend debate in the confirmation of from school. sion fund and believe when it is time Presidential nominees. Yesterday, the gentleman from Cali- for retirement that fund will be there? Mr. Speaker, the role of the Senate fornia (Mr. BACA), my good friend and Wake up America. Social Security is in the confirmation of Presidential colleague, introduced the SECURE Act now falling to the same axe. This nominees is a central element of our to equip school buses with safety belts. President wants to cut your benefits, democracy. The confirmation process By supporting this common sense the major social safety net of Ameri- underscores our Founding Fathers’ measure, we can help ensure that our cans. An invested process is now under commitment to the separation of pow- children’s ride to school and their safe- siege. ers and their abhorrence of simple ma- ty is assured. I have cosponsored the We think it is a divided question. It jority rule. It provides for essential SECURE Act, and I urge all Members is not a divided question. It is a ques- checks and balances to ensure we re- to do the same. tion for the middle class. It is a ques- main a Nation ruled by laws and not f tion for working Americans. It is a just by men. question that Democrats have stood We do not need a monarchy. We need ECONOMIC GROWTH fast. We will not see Social Security to preserve our Republic. (Ms. FOXX asked and was given per- denied or destroyed. And wake up f mission to address the House for 1 America, because the pensions of CENTER FOR RESPONSIBILITY minute.) America are now under the vulnerable AND ETHICS IN WASHINGTON Ms. FOXX. Mr. Speaker, I rise today chopping block that anybody who to share good news with the American needs a dime or a dollar will go into (Mr. MCHENRY asked and was given people. your pension fund, whether you are a permission to address the House for 1 Last week, the Bureau of Labor Sta- private corporation or the public sec- minute and to revise and extend his re- tistics announced that 274,000 new jobs tor. Wake up America. marks.) were created in April. That means the f Mr. MCHENRY. Mr. Speaker, there is economy has created nearly 3.5 million a lot of talk by groups in Washington, jobs since May 2003. We have seen SOCIAL SECURITY REFORM D.C. about ethics, making sure that steady job gains for each of the last 23 (Mr. PENCE asked and was given per- Members of Congress hold to the high- months, and more Americans are work- mission to address the House for 1 est standards of ethical conduct. ing than ever before. minute and to revise and extend his re- It is good stuff. But one of these Another indicator which shows that marks.) groups concerned about ethics, the we are on the road to recovery is home Mr. PENCE. Mr. Speaker, with the Center for Responsibility and Ethics in sales. A recent report by the Commerce specter of fiscal collapse facing our Washington, is not the nonpartisan en- Department indicates sales of new children and grandchildren’s public re- tity we may have thought. The Center homes grew by 12.2 percent in March to tirement, Social Security reform is an for Responsibility and Ethics in Wash- the highest level in the history of the idea whose time has come. And Presi- ington, CREW, Mr. Speaker, is a par- Nation’s housing market. dent Bush, never one to flinch from a tisan group with a partisan political Clearly, the economy’s growth is a good fight, is to be commended for tak- agenda. direct result of the pro-growth agenda ing it on. According to The Wall Street Jour- of the President and this Republican Social Security reform means keep- nal, board members of the group, in- Congress. ing its promise in tact for seniors and cluding a former Clinton White House By encouraging fiscal responsibility all who choose to remain in the sys- pollster, have contributed over $340,000 in the budget and passing pro-growth tem. But Social Security reform also to left-wing causes in the past 4 years. bills such as the Death Tax Repeal and means offering a better deal to younger The group’s director has said, ‘‘Since the Bankruptcy Bill, Republican Mem- Americans in the form of voluntary I started, the main thing I want to do bers continue to show their commit- personal accounts. was to go after Tom DeLay. DeLay is ment to America’s economy. And we can do it all, Mr. Speaker, my top target.’’ However, there is still work to do to without raising taxes on working fami- This group is concerned about ethics, continue to grow the economy and get lies, small businesses and family farms. Mr. Speaker? No, I do not think so. It more Americans working. I look for- So let us get on with it. Let the House is about partisan politics. And they ward to continue working with the lead on Social Security reform. If the only have one agenda, and that is to President to find ways to lower the House goes first, we will produce a re- file complaints against Republicans. prices we pay at the pump and will con- form that is consistent with the Presi- Mr. Speaker, as someone new to tinue to urge my colleagues in the Sen- dent’s vision for a 21st century public Washington, I am not used to this ate to pass the energy bill that would retirement system. Washington, D.C. parlor game of dirty put more than 500,000 Americans to f tricks. This is about politics, Mr. work. Speaker, not about ethics. SENATE FILIBUSTER f f (Ms. WATSON asked and was given WAKE-UP CALL FOR AMERICA permission to address the House for 1 SOCIAL SECURITY CRISIS (Ms. JACKSON-LEE of Texas asked minute.) (Mr. CANTOR asked and was given and was given permission to address Ms. WATSON. Mr. Speaker, the Re- permission to address the House for 1 the House for 1 minute and to revise publican Congress and Republican minute and to revise and extend his re- and extend her remarks.) President are overcome with power, so marks.) Ms. JACKSON-LEE of Texas. Mr. much so that they want to fundamen- Mr. CANTOR. Mr. Speaker, I rise Speaker, it is a simple pronouncement tally change our Nation’s government today to discuss the crisis in Social Se- this morning. This is a wake-up call for into one where a single political party curity. The current system in place is America. In today’s headlines we have: in power holds total control. based on demographics in America that ‘‘United gets okay to drop pension And how do the Republicans want to are reflective of 1935, not 2005. funds.’’ Earned pension funds, earned lay claim to absolute power? In order Currently, 45 percent of senior citi- benefits now on the chopping block of to break down the separation of powers zens rely on Social Security as their America. and ram through their appointees to sole source of income. We, in this I have great concern for America’s the judicial branch, the President and House, will not let them down. We also airlines, and I will work with them as the Republican leadership want to cannot lose sight of our goal, though, we have worked in the past after 9/11 to eliminate a 200-year-old American rule to preserve Social Security for our shore them up. But is it not a shame that permits the Senate the right to children and our grandchildren.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9149 Our goal in this Congress, as leaders, year ending September 30, 2005, and for other What essentially happened is that is to help real people, not engage in po- purposes, the Clerk of the House of Rep- after this amendment was adopted by litical posturing. It is our duty as pub- resentatives is hereby authorized and di- the other body, the leadership of the lic servants to ensure a strong and sol- rected to correct section 502 of title V of di- majority party then essentially took vision B so that clause (ii) of section vent program. For today’s seniors and 106(d)(2)(B) of the American Competitiveness away from the Committee on Appro- those nearing retirement, the system in the Twenty-first Century Act of 2000 (Pub- priations the ability to deal with all of should not change. But we owe those lic Law 106–313; 8 U.S.C. 1153 note), as amend- these immigration-related issues. younger workers across America and ed by such section 502, reads as follows: Now, who dealt with them? I am, our future generations more than just ‘‘(ii) MAXIMUM.—The total number of visas frankly, not sure, but I think it was a stopgap fix. We owe them the best made available under paragraph (1) from un- Senator FRIST’s staff, and I think it system that we can provide to suit used visas from the fiscal years 2001 through was the leadership staff in this House. their needs in their golden years. 2004 may not exceed 50,000.’’. But we are not sure because it all hap- The SPEAKER pro tempore (Mr. f pened behind some closed door. I am SIMPSON). Pursuant to the rule, the not sure what room it was in. But it SENATE FILIBUSTER gentleman from California (Mr. LEWIS) happened somewhere, some place in (Mr. LEWIS of Goergia asked and was and the gentleman from Wisconsin (Mr. River City. given permission to address the House OBEY) each will control 20 minutes. So now, we are here correcting that for 1 minute.) The Chair recognizes the gentleman mistake. Why am I making a Federal Mr. LEWIS of Georgia. Mr. Speaker, from California (Mr. LEWIS). case out of something like this? Well, what does it profit a man to gain the Mr. LEWIS of California. Mr. Speak- it is very simple. The history of Con- whole world and lose his soul? Mr. er, I yield myself such time as I may gress has been written for decades, and Speaker, what does it profit one polit- consume. each decade some scholar has noted ical party to rule this government with Mr. Speaker, the resolution instructs that Congress works principally in an iron fist and destroy the foundation the enrolling clerk to correct a provi- committee. Woodrow Wilson wrote his our Founding Fathers built? This is the sion in division B of the Emergency great piece on the organization of Con- central question we are asking the Sen- Supplemental Appropriations con- gress, making the point that Congress ate Republican conference today. ference report that was drafted incor- really ran in committees. We are here It is unreal. It is unbelievable that rectly. today because that committee system Senators sworn to uphold the Constitu- The conference agreement included a has been corrupted. tion would end filibusters on judicial provision to make available an addi- What has happened is that we have nominations. This is not only a grab by tional pool of permanent resident visas ignored the fact that the reason for the one party to dominate every branch of only for nurses and physical therapists. committee system in the first place American Government. It is a choke Mr. Speaker, I reserve the balance of has been so that the House could use hold on the voices of millions of Amer- my time. the specialized knowledge that people ican voters. Where is our honor? Where Mr. OBEY. Mr. Speaker, I yield my- develop on each and every committee is our honesty? Where is our respect for self 7 minutes. and put that knowledge to work in the the American people who place their Mr. Speaker, ordinarily, on a piece of consideration of every bill that goes trust in all of us, not one political legislation like this, there would be through this House. Under normal party? virtually no debate and it would be processes, the Committee on Appro- Mr. Speaker, I thought the principles passed routinely, but I think, for the priations would have been dealing with of American democracy stood for some- good of the House, we ought to review all matters that were attached in the thing. I hope the Senate Republican exactly what we are doing here and appropriations bill. leadership will not fall for this mis- why we are here doing it. Under normal processes, Senator carriage of justice. As you know, last month, the supple- HUTCHISON should have been allowed to mental appropriations for Iraq and have access to the language before it f other purposes was passed by the House was arbitrarily attached to this bill. ANNOUNCEMENT BY THE SPEAKER and then passed by the Senate. On the But when people tried to find out what PRO TEMPORE Senate floor, the Senate saw fit to was happening on immigration and adopt an amendment, the purpose of The SPEAKER pro tempore (Mr. other issues, they were told it is being which was to increase the number of taken care of. It is being taken care of. SIMPSON). Pursuant to clause 8 of rule visas for nurses by 50,000. That is what XX, the Chair will postpone further Well, it certainly was. it supposedly did. Mr. Speaker, I simply take this time proceedings today on the motion to Now, after that was adopted on the to make the point that there is a pur- suspend the rules on which a recorded Senate floor, the bill was conferenced. pose for creating committees. There is vote or the yeas and nays are ordered, It passed this House some time ago, a purpose for vetting these issues or on which the vote is objected to and the conference passed the Senate through the committee of jurisdiction under clause 6 of rule XX. yesterday. because, through the years, commit- Any record votes on postponed ques- Today, we are here with this concur- tees learn their business. But when the tions will be taken later in the day. rent resolution, and what does this normal business is side-tracked, when f concurrent resolution do? It raises the everyone except the powers on high are b 1030 number of visas for nursing by 50,000. excluded from the rooms where deci- Why do we have to chew the same cud sions are being made, then you are CORRECTING THE ENROLLMENT twice? Why are we here doing today going to have mistakes being made be- OF H.R. 1268 what we thought had been done much cause nobody is smart enough to know Mr. LEWIS of California. Mr. Speak- earlier? everything about everything, despite er, I move to suspend the rules and I think it is very simple. We are here what some people in the leadership in concur in the Senate Concurrent Reso- because the normal processes, the nor- both the Senate and House seem to lution (S. Con. Res. 31) to correct the mal democratic processes of the House feel. Occasionally, the omnipotent can enrollment of H.R. 1268. and the Senate have not been followed. make a mistake. And if the committee The Clerk read as follows: We are here because, in an attempt to process is followed, our chances of S. CON. RES. 31 solve a debate within the Republican making those mistakes would be mini- Resolved by the Senate (the House of Rep- Caucus, extraneous material was added mized. resentatives concurring), That in the enroll- to the Iraqi supplemental which had no So all I want to say, Mr. Speaker, is ment of H.R. 1268, an Act making emergency business being on that bill in the first that I am sure mistakes like this will supplemental appropriations for the fiscal place. occur in the future. And this is no

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great Earth-shaking matter, but I felt sider that those students who will be LEWIS) that the House suspend the it appropriate to use this opportunity graduating this spring will have to rules and concur in the Senate Concur- to point out that the House is con- compete with 50,000 foreign nurses and rent Resolution, S. Con. Res. 31. tinuing to day-by-day, as far as I am physical therapists who will likely The question was taken; and (two- concerned, corrupt the processes of the work for lower wages. We will have to thirds having voted in favor thereof) House by having the House evolve into answer to our constituent nurses and the rules were suspended and the Sen- a system in which a few staff people physical therapists who cannot find a ate concurrent resolution was con- somewhere on Capitol Hill make all of job due to the influx of foreign workers curred in. the decisions, and then the other com- in this field. A motion to reconsider was laid on mittees are told, Just do what you are Also, if we pass this concurrent reso- the table. told. Get rid of it. Move it on. After all, lution for nurses and physical thera- we have got to run the trains on time. pists, who will be the next workers f It does not matter what is in them, but that we will displace? Will we add we have got to run the trains on time. 50,000 more new visas to each supple- PROVIDING FOR CONSIDERATION So that is why we are here today, Mr. mental, driving more and more domes- OF H.R. 1279, GANG DETERRENCE Speaker. I hope we could all take a les- tic American-born workers out of a AND COMMUNITY PROTECTION son from this. job? ACT OF 2005 Mr. LEWIS of California. Mr. Speak- Today, I ask my colleagues to sup- er, I yield 4 minutes to the gentleman port their constituents, American Mr. GINGREY. Mr. Speaker, by di- from Indiana (Mr. HOSTETTLER). workers who are in the fields of nurs- rection of the Committee on Rules, I Mr. HOSTETTLER. Mr. Speaker, I ing and physical therapy, and vote call up House Resolution 268 and ask thank the chairman of the Committee against this concurrent resolution. for its immediate consideration. on Appropriations for yielding me Mr. OBEY. Mr. Speaker, I yield my- The Clerk read the resolution, as fol- time. self 3 minutes. lows: Mr. Speaker, today I rise in opposi- Mr. Speaker, we now find ourselves H. RES. 268 tion to S. Con. Res. 31. In the attempt in an even more interesting situation. Resolved, That at any time after the adop- to correct an error in drafting, this The gentleman from Indiana (Mr. tion of this resolution the Speaker may, pur- concurrent resolution would allow for HOSTETTLER) has just raised some sub- suant to clause 2(b) of rule XVIII, declare the 50,000 new green cards reserved for stantive concerns about the bill, and House resolved into the Committee of the nurses and physical therapists. Green Whole House on the state of the Union for those ought to be responded to. card status is permanent resident sta- consideration of the bill (H.R. 1279) to amend The problem is that, because of the tus. Accompanying spouses and minors title 18, United States Code, to reduce vio- way this has been handled, because you also will be given permanent resident lent gang crime and protect law-abiding citi- had a matter that was not under the status and will not be counted against zens and communities from violent crimi- jurisdiction of the Committee on Ap- nals, and for other purposes. The first read- the 50,000 cap. propriations essentially dumped into ing of the bill shall be dispensed with. All If this concurrent resolution is points of order against consideration of the passed, it will give 50,000 nursing and an appropriations bill, this issue is not going to be dealt with on the sub- bill are waived. General debate shall be con- physical therapist jobs away to foreign fined to the bill and shall not exceed one workers and will be giving even more stantive level. hour equally divided and controlled by the jobs away to accompanying spouses, as The issues raised by the gentleman chairman and ranking minority member of those with permanent resident status might be very legitimate, but they the Committee on the Judiciary. After gen- are granted work permits. should be debated in the forum in eral debate the bill shall be considered for The argument that the current draft- which they are supposed to be debated, amendment under the five-minute rule. It ing of the supplemental ‘‘recaptures and that is the Committee on the Judi- shall be in order to consider as an original ciary. Instead, we have the Committee bill for the purpose of amendment under the unused employment-based visas’’ from five-minute rule the amendment in the na- the past 2 years is false, since any em- on Appropriations which is supposed to focus on budgets here dealing with a ture of a substitute recommended by the ployment-based visas that are not used Committee on the Judiciary now printed in are given up to meet the family-based legal issue about which our committee the bill. The committee amendment in the visa quota for that year. has no particular expertise. So, once nature of a substitute shall be considered as A recent study by the Center for Im- again, the process by which the bill is read. Notwithstanding clause 11 of rule migration Studies found that ‘‘there is being considered today changes the XVIII, no amendment to the committee little evidence that immigrants take House from being what it is supposed amendment in the nature of a substitute only jobs Americans don’t want.’’ to be, which is the greatest delibera- shall be in order except those printed in the Another recent study conducted by tive body in the world, to a poor imita- report of the Committee on Rules accom- tion of Daffy Duck. panying this resolution. Each such amend- the Center for Labor Market Studies at ment may be offered only in the order print- Northeastern University says that I again would urge that we give ed in the report, may be offered only by a ‘‘there is little empirical support for greater consideration to normal order Member designated in the report, shall be the notion that new immigrants are around here if we do not want to rap- considered as read, shall be debatable for the taking large numbers of jobs that idly descend into being the laughing- time specified in the report equally divided American workers refuse to accept. stock of the country. and controlled by the proponent and an op- There is direct competition between Mr. Speaker, I yield back the balance ponent, shall not be subject to amendment, new immigrants and native-born work- of my time. and shall not be subject to a demand for divi- Mr. LEWIS of California. Mr. Speak- sion of the question in the House or in the ers for most of these jobs.’’ Committee of the Whole. All points of order At a hearing I held last week as the er, I yield myself such time as I may against such amendments are waived. At the Chairman of the Subcommittee on Im- consume. conclusion of consideration of the bill for migration, Border Security and Claims, Mr. Speaker, since this change is amendment the Committee shall rise and re- the minority witness, Dr. Holzer, testi- merely a technical item in nature, I port the bill to the House with such amend- fied that, due to cost containment in urge swift adoption of this resolution ments as may have been adopted. Any Mem- certain fields, ‘‘10 to 15 percent jobs in so we can expedite enrollment of the ber may demand a separate vote in the the United States potentially on the bill and get it to the President for his House on any amendment adopted in the high end could face competition from signature today. Committee of the Whole to the bill or to the Mr. Speaker, I yield back the balance committee amendment in the nature of a engineers and computer programmers substitute. The previous question shall be and others in India and China and of my time. considered as ordered on the bill and amend- other parts of the world.’’ The SPEAKER pro tempore. The ments thereto to final passage without inter- If you have any nursing or physical question is on the motion offered by vening motion except one motion to recom- therapy students in your district, con- the gentleman from California (Mr. mit with or without instructions.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9151 b 1045 cannot eliminate gangs by prosecuting other law enforcement agencies discov- The SPEAKER pro tempore (Mr. incident by incident. We need to en- ered Georgia’s first ‘‘superlab’’ in my SIMPSON). The gentleman from Georgia force our laws in language gang mem- district, in Smyrna, Georgia, the 11th. (Mr. GINGREY) is recognized for 1 hour. bers can understand: you do the crime; With 39 pounds of meth crystal and 250 Mr. GINGREY. Mr. Speaker, for the you do the time. gallons of the drug in liquid form, one purpose of debate only, I yield the cus- With the support of the Fraternal mistake could have destroyed an entire tomary 30 minutes to the gentleman Order of Police, the National Sheriffs’ neighborhood. from Massachusetts (Mr. MCGOVERN), Association, the National Association By strengthening laws against gangs, pending which I yield myself such time of Police Officers and many other, we are helping fight the supply side of as I may consume. During consider- more specialized, law enforcement or- our war against drugs. Gangs are not ation of this resolution, all time yield- ganizations, H.R. 1279, the Gang Deter- just a city threat when they jeopardize ed is for the purpose of debate only. rence and Community Protection Act suburban neighborhoods. Mr. Speaker, this is a structured rule of 2005, will make the necessary Mr. Speaker, gang activity is as im- providing for consideration of H.R. changes to prosecute gang criminals. portant to the war on crime today as 1279, the Gang Deterrence and Commu- The Gang Deterrence and Commu- the battles against organized crime in nity Protection Act of 2005. The rule nity Protection Act designates high-in- the 1960s and 1970s. This legislation provides 1 hour of general debate equal- tensity gang areas, and it authorizes goes beyond national gangs like the Bloods and the Crips and would actu- ly divided and controlled by the chair- funds to combat their illegal activity ally make progress in breaking down man and ranking minority member of for special State and Federal enforce- membership before these smaller gangs the Committee on the Judiciary. ment task forces. It authorizes $20 mil- It waives all points of order against lion per year over 5 years to help expand into a national nightmare. Like our war against terrorism, our consideration of the bill. It provides States hire prosecutors, purchase tech- law enforcement on the State, local, that the amendment in the nature of a nology, purchase equipment, and train and national levels need to commu- substitute recommended by the Com- law enforcement. nicate, to share intelligence, and to mittee on the Judiciary, and now Most importantly, it increases pen- share resources. We need stronger sen- printed in the bill, shall be considered alties to deter violent gang crimes such as murder, rape, kidnapping, and as- tencing to deter crime, and we need to as an original bill for the purpose of identify potential hot spots before they amendment, and it makes in order only sault. The penalties include death or life imprisonment for murder, 30 years become major problems. those amendments printed in the Com- With passage of the rule, and the un- for kidnapping or rape, and 20 years for mittee on Rules report accompanying derlying bill, we will have the power to assault. In addition, this legislation in- this resolution. take back our communities. It provides that the amendments cludes juvenile justice reform to ensure Mr. Speaker, I reserve the balance of printed in the report may be offered that adult crimes, with adult motives, my time. only in the order printed in the report, are prosecuted with adult penalties. Mr. MCGOVERN. Mr. Speaker, I yield may be offered only by a Member des- The Gang Deterrence and Commu- myself such time as I may consume. ignated in the report, and shall be con- nity Protection Act would give the At- Mr. Speaker, I want to thank the sidered as read, shall be debatable for torney General discretion on whether gentleman from Georgia (Mr. the time specified in the report, equal- or not to try a juvenile in Federal GINGREY), my colleague, for yielding ly divided and controlled by the pro- court as an adult if they are 16 or 17 me the customary 30 minutes. ponent and an opponent, shall not be years old. Mr. Speaker, let me be clear, Mr. Speaker, let me begin by saying subject to amendment and shall not be this legislation does not and will not that every single Member of this House subject to a demand for a division of apply adult standards to anyone is concerned about gang violence in our the question in the House or in the younger than 16. communities and throughout our coun- Committee of the Whole. According to the Department of Jus- try, and every single Member of this It waives all points of order against tice ‘‘Homicide Trends Report,’’ be- House is dedicated to trying to make the amendment printed in the report, tween 1976 and 2002 one out of every our communities and our Nation safer. and it provides one motion to recom- three murders were committed by a ju- However, some of us want to pass not a mit, with or without instructions. venile for gang-related reasons. That press release but tough legislation that Mr. Speaker, it is time for Congress means 16- and 17-year-olds are making will indeed make our communities to get tough on gang activity. If we can adult, criminal decisions that equal safer. get tough on drugs and if we can get tragedy for our neighbors and our So, Mr. Speaker, I rise today in tough on identity theft, terrorism, friends. strong opposition to H.R. 1279, the so- child abduction, we can get tough on More than half the States have en- called Gang Deterrence and Commu- gangs by creating the tools to put gang acted laws that mandate the prosecu- nity Protection Act. It is bad policy members behind bars and get them off tion of juveniles as adults for certain wrapped in a bad bill that will simply the streets. violent crimes, most notably murder. not do the job the sponsors claim it Gang activity is a real problem, a My own State of Georgia has laws that will do. continuously growing problem. All cit- give prosecutors discretion on whether Do not let the title of the bill fool ies with a population of more than to treat juveniles as adults involving Members. It has nothing to do with de- 250,000 people have reported gang activ- violent and repeat offenses. terrence or community protection. ity. Best estimates indicate that there Children by the legal definition mak- This bill does nothing to address the are at least 750,000 gang members in ing adult criminal decisions affect ev- causes of gang activity. Instead, its the United States. They represent the eryone. We need to pass strong anti- primary purposes include unjustifiable ills of our society with links to drug gang laws to help prevent troubled punishment and ineffective enforce- trade, human trafficking, identity teenagers from becoming violent gang ment of the law. theft, assault and murder. Gang mem- members. The bill unjustifiably expands death bers continue to break our laws, reject As gangs spread and grow, we are see- penalty provisions, removes judicial rehabilitation efforts, and they are ing more drug activity. These are not discretion over transferring juveniles branching out beyond our cities into simply high schoolers caught with to the adult court system, and imposes suburban and, yes, even rural, commu- marijuana. We are seeing gangs ineffective mandatory minimum sen- nities. produce and trade dangerous drugs tencing. Mr. Speaker, we cannot solve our such as methamphetamine and cocaine. Mr. Speaker, Time magazine focused problems by simply throwing around For example, in February, the Atlanta on the spike in gang activity in Los money, nor can we simply categorize police, United States Drug Enforce- Angeles in the September 3, 2001, edi- gang activity as isolated incidents. We ment, the MCS Drug Task Force and tion. In that story, Father Greg Boyle,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9152 CONGRESSIONAL RECORD—HOUSE May 11, 2005 a Catholic priest who worked in a Act that would improve the fallibility actions. But we have a real chance gang-infested area of East Los Angeles, of the death penalty system are not through prevention and intervention said that California’s anti-gang strat- even being funded. As if that were not programs to make a difference in the egy, which has been copied across the bad enough, the bill before us today lives of these young people. Instead of country, ‘‘is bankrupt. You have the would actually create new death pen- expanding death penalty provisions and three strikes law and jail and so on, alty provisions. trying juveniles as adults, we need to but you can’t terrify a kid into being In effect, Mr. Speaker, with this bill, address the problem of youth crime and hopeful about his future.’’ we are adding more death penalty cases violence through early intervention The following quote is even more to an already-broken system that is and treatment methods. Programs like telling: ‘‘We don’t need new laws. We desperately in need of repair. By not Head Start and the Job Corps have have a penal code a foot thick. You funding the protections provided under proven to be an effective means of de- can’t just work gangs with police sup- the Justice for All Act and by expand- terring crime. pression. You need prevention and ing the death penalty to new cases, Studies of Head Start demonstrate intervention programs, too.’’ Mr. this bill makes the death penalty sys- that $3 is saved for every $1 spent on Speaker, that statement was not made tem worse, not better. the program by reducing the future by a social worker or community activ- Another provision that I strongly cost of crime, remedial education and ist. No, Mr. Speaker, it came from Ser- disagree with is the transferring of ju- welfare. This is clearly more cost effec- geant Wes McBride, founder of the veniles to the adult court system. Re- tive than spending $9 billion over the California Gang Investigators Associa- search performed by the Department of next 10 years for prison bed construc- tion and a 28-year veteran of anti-gang Justice has shown that youths tried as tion and inmate upkeep, which happens policing. adults are more likely to commit a to be the cost impact of H.R. 1279 esti- After reading this legislation, it is greater number of crimes upon release mated by the Sentencing Commission. clear to me that this bill will do noth- and that these crimes will be violent. Job Corps programs deter crime by ing to deter gang activity and, instead, Youths sent to prison with adults end guiding at-risk youths and adults to will sentence American youth to lives up victims of rape, assault and become getting a job or full-time study. About of crime and violence instead of high repeat offenders. When these pris- 75 percent of Job Corps participants proactively intervening in our commu- oners are released and attempt to reen- move on to a full-time job or study and nities to prevent our children and our ter society, what are their options? It are one-third less likely to be arrested youngsters from joining gangs in the is most likely they will pick up where than nonparticipants. This approach first place. they left off and contribute once again makes sense as a crime deterrent, and This legislation contains several pro- to the cycle of gangs and violence. it is also economically beneficial. visions that unjustifiably expand the Moving a youth into the adult court Youth crime and gangs are an issue Federal death penalty. Despite numer- system and prison system will not re- in many cities around the country. In ous studies that have documented both duce the amount of youth crime and my home city of Worcester, Massachu- the exposure of innocent individuals to gang activity. If anything, it will make setts, I helped coordinate a commu- the death penalty system and its dis- it worse. nity-wide forum this past fall to ad- criminatory nature, the proponents of dress the issue of gang violence. Local b 1100 this bill want to make this already- police, city government officials, the flawed system worse. Another flawed aspect of H.R. 1279 is district attorney, the sheriff’s office, Mr. Speaker, let me say this clearly. its emphasis on mandatory minimum and hundreds of individuals were I am opposed to the death penalty. I do sentencing. Mandatory minimum sen- among the attendees. Also partici- not believe the death penalty deters fu- tencing will not prevent youths from pating in this event was the Boston ture crimes. It has been proven that joining gang or reduce violent crime Ten Point Coalition, a nationally rec- the death penalty unfairly targets mi- among youths. Mandatory minimums ognized leadership foundation whose norities. It has also been proven that were originally created to decrease the mission is to reach out to at-risk youth innocent people have been sent to disparity in sentencing of like offend- and gang members in hopes of reducing death row and have been put to death. ers. However, the Judicial Conference violence in the community. Inclusion of the death penalty in this of the United States and the U.S. Sen- One particular item the Coalition bill is wrong and should be stripped tencing Commission has found manda- discussed was the Adopt-A-Gang pro- out. tory minimums ‘‘require sentencing gram, in which city churches keep Since 1973, 119 innocent people have courts to impose the same sentence on their doors open and serve as a support been released from Death Row. A study offenders when sound policy and com- center for troubled youth. The church- performed by the Criminal Justice Re- mon sense call for reasonable dif- es work with local law enforcement to form Education Fund reported that ferences in punishment.’’ In other communicate messages of nonviolence over two-thirds of all capital convic- words, judges are prevented from as- and zero tolerance for crime to these tions and sentences between 1973 and sessing what type of punishment fits youths. And I am happy to say that the 1995 were reversed because of serious the crime. churches of the city of Worcester, error during trial or sentencing. How Removing sentencing power from along with the city government, the can we expand the death penalty sys- judges and shifting discretion to pros- police department and local businesses tem, especially to include juveniles, ecutors will not prevent any youth are currently working with the Coali- when it is proven to be faulty, dis- from joining a gang, committing his tion to implement this program. criminatory, and not an effective de- first crime or becoming a repeat of- Hands-on, coordinated efforts like terrent to violent behavior? fender. In fact, this is exactly what the the Adopt-A-Gang program are how Let me remind my colleagues that U.S. Supreme Court concluded in Janu- youth crime can be deterred, not President Bush signed the Justice for ary when it ruled to allow Federal through codification of a so-called All Act into law on October 30, 2004. judges to deviate from sentencing gang-buster bill like H.R. 1279. Early This law, which was approved over- guidelines. I submit, Mr. Speaker, that prevention programs like Head Start whelmingly by this body, improved the this bill’s host of harsh mandatory sen- reduce crime; expansion of death pen- fallibility of the death penalty system tences is directly in defiance of the Su- alty provisions will not. Recruitment by making DNA technology available preme Court ruling. efforts by Job Corps deter gangs; pros- to our criminal justice system in order Mr. Speaker, we know that interven- ecuting young people as adults will to improve its ability to exonerate the tion programs work in the majority of not. Collaborative interventions like innocent, as well as identify and con- cases. For the most violent and dan- Adopt-A-Gang program protect our vict the guilty. However, the impor- gerous individuals, we already have community; mandatory minimum sen- tant provisions in the Justice For All laws on the books that address these tencing will not.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9153 Mr. Speaker, none of the provisions vention. And even with $2.1 billion, we Also, one of the things that concerns in this bill have proven to be effective have continued to see this dramatic us most is that many of these gangs ways of dealing with gangs and violent rise in gang violence. have become the most proficient smug- youth behavior. Instead of taking a Mr. Speaker, I yield 4 minutes to the glers of individuals and weapons in the comprehensive approach to the prob- gentleman from Virginia (Mr. FORBES), country, and it is a small linkage be- lem, H.R. 1279’s ‘‘punishment first, pre- the distinguished author of the bill and tween the gang activity that we are vention last’’ methodology does not member of the Committee on the Judi- seeing and their connection with orga- dedicate any efforts toward early inter- ciary. nized terrorist activity. vention, education or rehabilitation. Mr. FORBES. Mr. Speaker, it is with What this bill says is that, if you join Ask any cop. Aggressive policing a great deal of pride that I rise today a violent criminal gang and you com- alone will never break the cycle of to support both this rule and the un- mit a gang crime, you will go to jail for gang violence. However, one of the derlying bill and to point out to my a long time, or you will help us bring things this bill also does not address is good friend on the other side that this down that network. What this bill says the shortage of police officers across is a bipartisan bill, and it is a bill that is that, if you are a gang leader, you the country. The Federal Government is designed to reach a major problem in can no longer order violence in one is cutting the COPS program. Local our country today, which is the rise of part of the country by a 16- or 17-year communities all across this country violent gang crime. old and expect to go scot-free, because When I listen to some of our oppo- are laying off police officers at a time the Federal, State and local govern- nents talk about this bill, they always when we should be increasing the num- ment is coming after you. It also says use the term ‘‘antisocial behavior,’’ ber of police who are on our streets. that we are going to use the combined Intervention and preventive programs and I can tell you from studying gangs for over 10 years, it is not antisocial strength of the Federal, State and local like Head Start, Job Corps and the Ten government to protect citizens in our Point Coalition are crucial to any behavior that we are talking about. Let me, Mr. Speaker, tell you what we own borders from the domestic terror hopes of deterring gangs. they face from gangs. Mr. Speaker, for the past decade, this are talking about. We are talking about machete attacks, witness intimi- Mr. Speaker, I would suggest that if House has worked in a bipartisan man- this bill fails, we might as well put a ner to effectively draft and pass com- dation, extortion, cold-blooded assas- sination, rapes, cutting off people’s fin- sign on a billboard that says ‘‘Coming prehensive juvenile justice legislation. gers, cutting off their arms, cutting off to a neighborhood near you soon,’’ be- This bill is a sharp break with that tra- their heads. cause that is the growth we are seeing dition. Getting tough should mean But what concerns me the most, Mr. in violent gangs. passing legislation that works, not just Speaker, is the metamorphosis I have My good friend just raised in his op- passing legislation that sounds tough. seen in violent gang activity across our position to the bill the support of the Mr. Speaker, finally, let me just say country. First of all, there has been a California Gang Investigators Associa- that 16 Democratic amendments were huge change in numbers. My good tion. They support this bill. The Fra- not made in order by the Committee on friend from Georgia mentioned earlier ternal Order of Police supports this Rules last night. Why? I have no idea. that, as we sit here and debate this bill. The National Latino Peace Offi- According to our schedule, we are bill, there is probably between 750,000 cers Association supports this bill. The going to be done today by around 4 to 850,000 gang members in the United National Association of Police Organi- p.m. Surely it is not because we do not States. To put that in perspective, if zations supports this bill. The major have the time to be able to debate they were an army from a foreign chiefs of law enforcement departments some of these important amendments. country, it would be the sixth largest across the country support this bill. This is the kind of legislation where army in the world. And that is not The National Troopers Coalition sup- people from different communities, waiting to get in our borders, but al- ports this bill. from urban areas and from rural areas ready here. Mr. Speaker, I hope we will support who are dealing with this issue of gang Their violence has increased enor- violence have important ideas. They this bill and make it into law and pro- mously. In some of these gangs, in tect our citizens. brought them forward in the Com- order to be able to get in, if you are a mittee on Rules last night. Yet, last Mr. MCGOVERN. Mr. Speaker, I yield woman, you have to be raped in, for 30 myself such time as I may consume to night, the Committee on Rules said to minutes by six different individuals. If 16 Democrats that you will be shut out respond to my colleague by saying that you are a male, you have to be either all the groups he has mentioned, and so of this debate. I do not think that is beaten in or, to some of the gangs, you many more, also support the COPS pro- the way we should be discussing a bill have to murder somebody to get into gram, too, which the President has cut like this. the gang. So, Mr. Speaker, I would ask my col- And they have become national and by $40 million. We can talk all we want leagues to oppose H.R. 1279 and oppose international in scope. No longer are about using all this harsh rhetoric, but the rule. we talking about the old Jets and the bottom line is, there are laws al- Mr. Speaker, I reserve the balance of Sharks from West Side Story; we are ready on the books if you commit a my time. talking about gangs that are across the violent crime in this country. Right Mr. GINGREY. Mr. Speaker, I yield country that have boards of directors now, if you commit a murder, you will myself such time as I may consume to outside the prisons, boards of directors go to jail. clarify and to remind my colleagues on inside the prisons, and they are order- One of the things that is most trou- the other side, who are suggesting we ing violent activity. They may be in bling to me as we talk about how we should be adding more social programs Los Angeles, but they are ordering the make our communities safer, there is to this legislation, that this is not a so- violence in another part of the coun- no talk about the fact that we are cut- cial programs bill. It is a law enforce- try. ting funds for our local police depart- ment bill. If they would like to work Their recruitment is now reaching as ments. We need more police on the with the chairman of the Committee low as the elementary schools, and streets. That is not the only answer on the Judiciary to craft a bill that their motivation to join is no longer here, but clearly, the answer is not cut- would authorize arts and craft classes just a fear or a want to belong to some- ting the COPS program, which the Re- for gang members, certainly they can thing. Today, many people feel if they publican majority in this House is do that. do not join the gang, they will be beat- doing, and the President has suggested I would also like to mention that we en or intimidated by the gang. So it is in his budget. currently have spent over the past 4 the presence of the gang and the fear Mr. Speaker, I yield 2 minutes to the years, 2001 to 2004, over $2.1 billion on and intimidation of the gang that is gentlewoman from Texas (Ms. EDDIE juvenile social programs aimed at pre- drawing them there. BERNICE JOHNSON).

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Ms. EDDIE BERNICE JOHNSON of ginia (Mr. FORBES) used, talking about 2 percent who come in, tragically many Texas. Mr. Speaker, I thank the gen- the fact that this would be the sixth of them have been perpetrating crime tleman for yielding me this time. largest army on the face of the earth, and tragically they are attracted to Mr. Speaker, I have worked with between three-quarters of a million and gangs. gangs at home in conjunction with our 850,000 gang members, 21,500 gangs out As was said earlier by the gentleman police department, and there is a way there; the fact that it has become such from Virginia (Mr. FORBES), many of to start prevention. I recognize that an international entity. these gangs are managed from inside of prisons, outside of prisons, boards of di- the crimes that have been mentioned b 1115 here this morning are crimes that rectors, and there is an international should be punished. I believe if you do It is clear that we need to do every- component to this which must be ad- the crime, you do the time. But I also thing that we can to take action. dressed. So I will say that the amend- believe that you can prevent this with Mr. Speaker, I believe that this rule ment of the gentleman from Virginia young people. will provide us with an opportunity to (Mr. GOODLATTE), which I think is a I dialogued with members of a gang do just that. At the close of his state- very good one, will actually call for an several years ago, shortly after I heard ment, the gentleman from Massachu- additional 5 years of incarceration if, that the people are coming from Los setts (Mr. MCGOVERN) bemoaned the in fact, the gang member, the criminal, Angeles to start gangs. And in fact that we do not have enough is found to be here illegally. dialoguing with these young people, I amendments to be made in order by One of the things we need to make first had to understand what they were Democrats. The fact of the matter is sure that we do, Mr. Speaker, is that as saying. That gang activity has been the gentlewoman who just spoke, my we increase that level of incarceration converted to something positive be- very good friend from Dallas (Ms. for that illegal immigrant felon, it is cause I encouraged it. I said, Stay to- EDDIE BERNICE JOHNSON), is going to essential that we make sure the Fed- gether but do not do crime stuff, do have an amendment made in order eral Government provide the resources things positive. That is what they have under this rule. for that incarceration. That is some- done. They have even run people for of- The gentleman from Texas (Mr. thing that must be done. It is done fice. You have got to not give up on CUELLAR) is going to have an amend- under the State Criminal Alien Assist- young people. ment made in order under this rule. ance Program, the SCAAP program; Americans deserve a bill that would The gentlewoman from California (Ms. and we have to make sure that we pro- successfully combat gang activity and WATSON) is going to have two amend- vide those resources there, but it is violence. This bill does fall short of ments made in order under this rule. correct and very important for us to do that. This bill fails to address the root The gentleman from Virginia (Mr. what we can to ensure that those peo- of the problem. Even though law en- SCOTT) who is sitting here on the floor ple who are here illegally and per- forcement is vital, we must try to pre- along with the gentlewoman from Cali- petrate crimes against our fellow citi- vent gang activities before they occur. fornia (Ms. WATERS) is going to have an zens are penalized for that. I believe we have a very good piece of Prevention programs can save many amendment made in order under this legislation here. It will help us turn lives and many dollars. It is a lot rule. the corner on what is a very serious cheaper to prevent all this crime and The fact is six of the 10 amendments problem. We also need to do everything prevent them going to jail and for that are going to be made in order that we can to, as has been pointed out them to stay in school. under this rule are being offered by by a number of people, train and pro- Of the $50 million appropriated in members of the minority, creating an vide incentive and create opportunity this bill, not one penny goes toward opportunity for us to consider a wide for young people so they are not at- prevention. You can call it play. You range of alternatives in dealing with tracted to the gang life and a life of can call it anything you want. But in- what everyone acknowledges is an ex- traordinarily serious problem. crime. school and after-school prevention pro- Mr. Speaker, I urge my colleagues’ I want to take a moment to talk grams successfully teach young people support of this very fair and balanced about three other amendments that are the skills they need to combat peer rule and, as I said, urge support for the made in order under this rule that are pressure. They target environmental underlying measure and urge support very important, and I urge support for risk factors by teaching young people for the Goodlatte amendment and the those amendments. They are being of- conflict resolution skills, cultural sen- two Norwood amendments. fered by the gentleman from Virginia sitivity and the negative aspects of Mr. MCGOVERN. Mr. Speaker, I yield gang life, if it is violent. (Mr. GOODLATTE) and the gentleman myself such time as I may consume. These young people want to be a part from Georgia (Mr. NORWOOD). The fact I always enjoy listening to the distin- of something, and it might as well be a is many of the problems that are gang- guished chairman of the Committee on positive experience. We must stop the related stem from an issue which we Rules, the gentleman from California violence at the source. If we do not put have just begun to deal with by passing (Mr. DREIER). He mentions that a hand- forth that activity, that is when it the REAL ID Act and that has to do ful of Democratic amendments were gravitates to what he just discussed. with the problem of illegal immigra- made in order, and I guess we all We must give our young people a path tion. We know when we look at the should be grateful on this side of the to success not just a path to prison. number of gang-related homicides that aisle because usually we get shut out Mr. GINGREY. Mr. Speaker, I yield have taken place in Southern Cali- totally. But the fact of the matter is 16 such time as he may consume to the fornia in the last 5 years, in the county Democratic amendments were not gentleman from California (Mr. where I live, Los Angeles, we have had made in order. Sixteen amendments DREIER), the distinguished chairman of 307 gang-related homicides. And now have been shut out from this debate. If the Committee on Rules. the number of those murders is spilling this issue was so important, and it is Mr. DREIER. Mr. Speaker, I rise in over into San Bernardino County. important, then why can we not take strong support of this rule and the un- One of the things that we found, trag- the time to debate all the various derlying legislation. I want to con- ically, is that much of this is directly ideas? As I said, according to the gratulate my colleagues, the gen- related to the problem of illegal immi- schedule, we may be out of here at 4 tleman from Georgia (Mr. GINGREY), gration. An overwhelming majority of o’clock today. I am willing to stay for his management of this rule; and the people who come into this country until 5, or even until 6 or even until 7 the gentleman from Virginia (Mr. illegally, Mr. Speaker, come here for to give these other people an oppor- FORBES) for the hard work that he has one reason and one reason only and tunity to have their concerns voiced on put into this effort. that is to feed their families, to make this floor. It is amazing, as we listened to those sure that they can make a better life We all represent communities, unfor- numbers that the gentleman from Vir- for their families. But of the remaining tunately, that have been touched by

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gang violence. All of us have dealt with kinds of problems that are in the bill. REICHERT), 8 years King County sheriff community leaders, with our local po- It came out at the last minute. My col- and 30 years as a police officer. lice, in trying to figure out how best to league from Virginia has mentioned all Mr. REICHERT. Mr. Speaker, as the deal with this violence. We all have the people supporting it. I know one Congressman said, I have 33 years of good ideas. I think, especially on an letter we received talked about the law enforcement experience. In fact, up issue like this, as many people who need for all of the money in the bill until January 3 of this year, I was a have these ideas should be able to bring going to law enforcement and help get cop. One of the things I know about them to the floor and to be able to de- the money for law enforcement in the cops is that they need all kinds of bate them. But, unfortunately, 16 bill to the localities, and you look in tools, and we do need police officers on amendments have been totally blocked the bill and there is no money. It is all the street; but one of the most impor- from consideration on this bill. for Federal law enforcement, Federal tant things that cops want is to know Mr. Speaker, I yield 4 minutes to the prosecution. Virtually nothing for that their community supports them, gentleman from Virginia (Mr. SCOTT). local law enforcement. If you look at local, State, and Federal. Mr. SCOTT of Virginia. I thank the the title of the bill, you think you are Mr. Speaker, we are here today to gentleman for yielding me this time. doing something. In fact, you are doing talk about a very serious problem. Mr. Speaker, if you listen to the de- nothing. Across the country we are seeing a re- bate, you might not think it is illegal Mr. Speaker, the impact of this bill is surgence of organized crime sprawling to use a machete to chop somebody’s going to round up a few low-level peo- into our towns and our neighborhoods. hand off or to, last night, gang-rape a ple committing little crimes, some Gangs are becoming a magnet for handicapped child in the park, murder even misdemeanors, and they will be youth, as they long to belong to some- for hire, cold-blooded murders. You getting 5- and 10-year mandatory min- thing. This is hardly the team we want might not think those are illegal. In imum sentences. If we are going to do our children to join. most jurisdictions in the country, cer- something about crime, if you ask any- Gang violence in America is not a tainly in the jurisdictions that I rep- body that knows what they are talking sudden problem. It has been a part of resent, it is already illegal to take a about what to do about juvenile crime, urban life for years, offering an aggres- machete and chop somebody’s hand off, they will tell you prevention and early sive definition and identity to those and I have not heard complaints from intervention. Keep the kids out of trou- seeking a place to belong in the chaos the local police that they need a new ble and if they get in trouble to begin of a large metropolitan area. However, Federal law to help deal with those with, get them right back on track. as gangs gain momentum and invade crimes. smaller communities, it is time to take Mr. Speaker, this bill was introduced There is no money in here for preven- a more serious and focused approach. just about 2 months ago, incidentally tion. The gentleman from Virginia (Mr. the same day that a juvenile justice co- We have heard a crack about arts and FORBES) addresses this critical problem alition released just another study crafts for gang members. Let me tell today in the Gang Deterrence and Com- showing how trying more juveniles as you something. Arts and crafts for munity Protection Act of 2005. adults will actually increase crime. gang members will do more to reduce Prior to being elected to sheriff, as I The rule, of course, does not allow us juvenile crime and gang membership said, I served 33 years as a cop. I have to address that issue, where juveniles, than the provisions in this bill, and ev- worked with prostitutes, drug dealers, the marginal juveniles, the ones not erybody knows it. and gang bangers for that length of now tried as adults in State court, I have got to admit that the sound time. My colleagues in the sheriff’s of- would be tried as adults under this leg- bites and slogans are stronger on the fice and I actively fought to curb the islation. I have not seen any study that other side, but all of the studies show contradicts them, but all of the studies that this bill would do virtually noth- growth and influence of gangs. I know I have seen show that that will actu- ing to reduce juvenile crime and is cer- not only in my home State of Wash- ally increase the crime rate because tainly not an effective use of the tax- ington but across the country, law en- when they are tried as adults, they are payers’ money if your goal is to actu- forcement officers recognize gangs for also locked up with adult criminals and ally reduce crime. You need to put the the serious threat they are to our com- come out worse than they went in. money into prevention and early inter- munity. No amendments in this rule are al- vention. We lead the world in incarcer- I believe in taking problems head on, lowed to address the death penalty, ation already. If you are going to get not running away. You evaluate the which has been shown to be racially any more crime reduction out of the facts, you make a decision, and then discriminatory, which has been shown next dollar we are going to spend, it you see the solution through. We have to have no effect on crime and shown ought to go into prevention and early recognized the consequence of letting to be so inappropriate that the Su- intervention to keep the kids out of this situation go forward for far too preme Court with seven Republican ap- trouble; 850,000 kids are not going to long. It is dangerous to all Americans. pointees sitting on the court ruled come out of gangs because we pass this Whether a gang currently has a pres- that, for juveniles, the death penalty legislation. They are in gangs now be- ence in our hometowns or not, we need was unconstitutional. We have not had cause they have nothing to do in the to take a careful look at where this an opportunity under the rule to ad- afternoon. We need to defeat this bill issue is headed and stop the influence dress that, not even the fact that under and do something serious about juve- of gangs before it spirals out of control the bill you can have a capital prosecu- nile crime. and out of our hands. tion for accidents, accidental actions. Mr. GINGREY. Mr. Speaker, I yield The United States Department of It does not require an intent to kill myself such time as I may consume. Justice cites that there are currently someone. It could have been an acci- The gentleman from Virginia who 25,000 active gangs in 3,000 jurisdictions dent. There was no amendment allowed just spoke is a brilliant lawyer, and I across this country; 25,000 gangs. That for that. know he is not missing any points; but equals 750,000 gang members. If growth There is no amendment to allow the I want to say it is very important that continues, we could be looking at 1 little money in the bill to go to local the rest of our colleagues understand, million gang members across the coun- law enforcement. Virtually all of the we know that all of these crimes men- try in only a few years. These groups money goes to Federal law enforce- tioned here today are illegal. But the are a funnel to criminal activities, al- ment. If you are going to have an effect point is, this bill addresses the disman- lowing a central point to encourage vi- on gangs, the money ought to go to tling of the systems that support olence and a family that preaches drug where the gangs are actually fought, gangs, and I think it is very important trafficking, murder, theft, prostitu- on the local. that we keep that in mind. tion, and rape. In fact, street gangs are Mr. Speaker, we have not had the Mr. Speaker, I yield 5 minutes to the the primary distributor of illegal drugs amendments to actually address the gentleman from Washington (Mr. in the United States.

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Mr. Speaker, I am a man of faith who WATERS) had an amendment that that it be passed; from the National believes deeply in family and responsi- strikes the section of the bill that al- Association of Police Organizations, bility. Our obligation is to American lows the Attorney General to charge as which supports this bill and asks that families and communities. We need to adults those juveniles who commit vio- it be passed; from the National Sher- look out for their futures. We need to lent crimes and are at least 16 years iffs’ Association, which supports the direct our youth towards a path of suc- old. We can disagree on whether or not provisions of this bill and asks that it cess and progress as productive mem- juveniles should be tried as adults, but, be passed; from the Law Enforcement bers of society looking towards a bet- nonetheless, it is an important enough Alliance of America, which supports ter country. We cannot afford to lose issue that we should have debated it on the provisions of this bill and asks that those talented youths in our commu- the floor here today and let Members it be passed; from the National Troop- nity to a life on the street with drugs decide that. And yet that was not made ers Coalition; from the California Gang and a gang hierarchy whose form of in order. Investigators Association; from the discipline is violence. The gentlewoman from Texas (Ms. Los Angeles Deputy Sheriffs office; and Mr. Speaker, I applaud the gen- EDDIE BERNICE JOHNSON) had an amend- from the Major County Sheriffs’ Asso- tleman from Virginia’s efforts to deter ment that establishes funding for pre- ciation. gangs across the country and urge my vention and intervention programs for And, Mr. Speaker, we will have a lot colleagues to support the rule and vote the suppression of youth and gang vio- more as the day goes on. for final passage later today. lence. That was deemed to not be made MAJOR COUNTY SHERIFF’S ASSOCIATION, Mr. MCGOVERN. Mr. Speaker, I yield in order. Alexandria, Virginia, April 20, 2005. myself such time as I may consume. The gentleman from California (Mr. HON. JAMES SENSENBRENNER, Jr., The gentleman from Washington just SCHIFF), the gentleman from California House of Representatives, Committee on the Ju- said that our local law enforcement (Mr. CARDOZA), the gentlewoman from diciary, Washington, DC. would appreciate the support of the California (Ms. WATSON), and the gen- DEAR CHAIRMAN SENSENBRENNER: On behalf Federal Government. tlewoman from California (Ms. LINDA of the Major County Sheriffs’ Association, I T. SA´ NCHEZ) had an amendment that b 1130 am writing to express our support for H.R. authorizes the expansion and the en- 1279, the ‘‘Gang Deterrence and Community I could not agree with him more. hancement of law enforcement and Protection Act of 2005.’’ This much needed Then why are we cutting community community-based prevention and legislation takes a necessary step toward ad- policing programs? I mean it does not intervention programs targeting crimi- dressing the growing epidemic of gang vio- lence that is affecting our entire nation and make any sense to me. And why did the nal street gangs, gang members and at- Committee on Rules last night deny has even stretched into some of our most risk youth. That was ruled out of order rural communities. the gentleman from Massachusetts by the Committee on Rules. I mean, I (Mr. CAPUANO) and the gentleman from The Department of Justice estimates there can go on and on and on. There are are currently over 25,000 gangs and over New York (Mr. WEINER) the right to really good ideas here, and yet, for 750,000 gang members who are active in more offer an amendment that reauthorizes whatever reason, the Committee on than 3,000 jurisdictions across the United the Community Oriented Policing Rules last night said they are not States. Gang activity has been directly Services, the COPS program for fiscal going to have their day on the House linked to the narcotics trade, human traf- year 2006, 2008? That was denied. We floor. And I do not understand why, ficking, identification documentation fal- could have had a vote on the floor and nobody who has spoken on the sification and the use of firearms to commit today on that amendment and a full other side has explained to me why deadly shootings. debate, and that was denied in the those amendments were not made in H.R. 1279 would address the growing prob- Committee on Rules. order, not even the Chairman of the lem of gang violence by creating a rational The gentleman from New York (Mr. strategy to identify, apprehend and pros- Committee on Rules. We have the time. ecute gangs across the nation. Specifically, CROWLEY) had an amendment that This is an important issue. These the bill would provide for the designation of would require that the purchase of fire- amendments should have been made in High Intensity Gang Areas (HIGAs) to iden- arms, ammunition and explosives to be order. And, quite frankly, I think it is tify, target and eliminate violent gangs in made in person and to require records a disgrace and does a great disservice areas where gang activity is particularly to be kept on how the purchases were to a lot of people in this country who prevalent. made. The reason why this is an impor- care about this issue that these Mem- The bill would also create a statute to tant amendment because more and bers were denied their right to offer prosecute criminal gangs similar to the more we find out that gangs are pur- these amendments. Racketeer Influenced and Corrupt Organiza- chasing weapons over the internet. Yet Mr. Speaker, I reserve the balance of tions statute (RICO) that has proven so ef- that was not even made in order. I my time. fective against organized crime, and would know the gun lobby does not like that Mr. GINGREY. Mr. Speaker, I yield 1 provide more than $385 million over the next amendment, but even so, if we want to five years in grants to support Federal, minute to the gentleman from Virginia State, and local law enforcement efforts make sure that gang members have a (Mr. FORBES), the bill’s author. against violent gangs, and to coordinate law more difficult time getting access to Mr. FORBES. Mr. Speaker, I think, if enforcement agencies’ efforts to share intel- firearms, we certainly should have de- one is around here long enough, they ligence and jointly prosecute violent gangs. bated that amendment. get to the point where they do not be- Finally, under H.R. 1279, several categories The gentlewoman from Texas (Ms. lieve they could be shocked by any- of gang-related offense would be subject to JACKSON-LEE) had an amendment that thing. But when I heard the other side mandatory minimum sentences of at least 30 would make it illegal to transfer a fire- a while ago say that they believe that years in prison for cases of kidnapping, ag- arm to any individual that the Federal giving arts and crafts to violent gang gravated sexual assault or maiming. Government has designated as a sus- members will do more to deter crime The ‘‘Gang Deterrence and Community pected or known gang member or ter- than empowering law enforcement Protection Act of 2005’’ is a comprehensive rorist. I am trying to find where the agents and locking up gang members in piece of legislation that addresses both the controversy is with that amendment. jail, that, I have to admit, still shocks enforcement and prosecution aspects of the Yet the Committee on Rules would not me. battle against gang violence. allow that amendment to be made in Mr. Speaker, I include for the Thank you for your time and attention, as order on the floor today. RECORD a letter from the National well as your continued support of law en- The gentlewoman from Texas (Ms. Latino Peace Officers Association, forcement. Sincerely, ACKSON EE J -L ), the gentleman from Vir- which supports all the provisions of SHERIFF MICHAEL J. BOUCHARD, ginia (Mr. SCOTT), the gentleman from this bill and asks that this bill be MCSA Vice President—Legislative Affairs. Massachusetts (Mr. DELAHUNT), and the passed; from the Fraternal Order of Po- SHERIFF JAMES A. KARNES, gentlewoman from California (Ms. lice that supports this bill and asks MCSA President.

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ASSOCIATION FOR NATIONAL TROOPERS COALITION, legislation takes a necessary step toward ad- LOS ANGELES DEPUTY SHERIFFS, INC., Green Bay, WI. dressing the growing epidemic of gang vio- Los Angeles, California, April 20, 2005. Re H.R. 1279—Gang Deterrence and Commu- lence that is affecting our entire nation and Re H.R. 1179—Support; H.R. 1518—Support nity Protection Act of 2005 has even stretched into some of our most Hon. F. JAMES SENSENBRENNER, Jr., Hon. F. JAMES SENSENBRENNER, JR., rural communities. Chairman, House Judiciary Committee, Wash- Chair, House Judiciary Committee, The Department of Justice estimates there ington, DC. House of Representatives, Washington, DC. are currently over 25,000 gangs and over DEAR CHAIRMAN SENSENBRENNER: On behalf DEAR CHAIRMAN SENSENBRENNER: As Chair- 750,000 gang members who are active in more of the members of the Association for Los man of the National Troopers Coalition, than 3,000 jurisdictions across the United Angeles Deputy Sheriffs (ALADS), which (NTC) I am writing to express our support States. Gang activity has been directly represents over 7,000 deputy sheriffs and dis- for H.R. 1279, Gang Deterrence and Commu- linked to the narcotlcs trade, human traf- trict attorney investigators in Los Angeles nity Protection Act of 2005. The NTC rep- ficking, identification documentation fal- County. I am writing in support of H.R. 1279, resents over 40,000 state troopers and high- sification and the use of firearms to commit The Gang Deterrence and Community Pro- way patrolmen throughout the United deadly shootings. tection Act of 2005, and H.R. 1528, Defending States. H.R. 1279 would effectively address the America’s Most Vulnerable: Safe Access to We urge you to continue your work on growing problem of gang violence by cre- Drug Treatment and Child Protection Act of fighting Gang Violence in America; we sup- ating a rational strategy to identify, appre- 2005. port all of the provisions contained in H.R. hend, and prosecute gangs across the nation. H.R. 1279, The Gang Deterrence and Com- 1279. Specifically, the bill would provide for the munity Protection Act of 2005 not only des- Our members continue to deal with in- designation of High Intensity Gang Areas ignates high intensity gang areas and au- creased gang crimes and violence, as we have (HIGAs) to identify, target and eliminate thorizes funds to combat gang activity, it for years. The provisions of H.R. 1279, that in violent gangs in areas where gang activity is creates a new gang prosecution statute; in- part deal with increased penalties, clarifica- particularly prevalent. creases penalties for violent gang crimes; tion of definitions, and increased resources The bill would also create a statute to and limits a criminal street gang to a group and appropriations will greatly aid us and prosecute criminal gangs similar to the or association of three or more individuals our law enforcement counterparts with gang Racketeer Influenced and Corrupt Organiza- that commit two or more gang crimes. investigations, deterrence and prevention. tions statute (RICO) that has proven so ef- H.R. 1528, Defending America’s Most Vul- Accordingly, on behalf of our members, we fective against organized crime, and would nerable: Safe Access to Drug Treatment and fully support and urge passage of H.R. 1279. provide more than $385 million over the next Child Protection Act of 2005, provides for Sincerely, five years in grants to support Federal, sound statutory reforms of ineffective anti- CASEY L. PERRY, State, and local law enforcement efforts drug laws designed to protect children. Chairman, National Troopers Coalition. against violent gangs, and to coordinate law ALADS strongly supports both H.R. 1279, enforcement agencies’ efforts to share intel- and H.R. 1528. THE LAW ENFORCEMENT ligence and jointly prosecute violent gangs. Sincerely, ALLIANCE OF AMERICA, Finally, under H.R. 1279, several categories ROY L. BURNS, Falls Church, Va., April 19, 2005. of gang-related offense would be subject to President. Hon. F. JAMES SENSENBRENNER, Jr., mandatory minimum sentences of at least 30 Chairman, House Judiciary Committee, years in prison for cases of kidnapping, ag- CALIFORNIA GANG House of Representatives, Washington DC. gravated sexual assault or maiming. INVESTIGATORS ASSOCIATION, DEAR CHAIRMAN SENSENBRENNER: On behalf The ‘‘Gang Deterrence and Community Huntington Beach, CA, April 25, 2005. of the more than 75,000 Members and Sup- Protection Act of 2005’’ is a comprehensive Hon. F. JAMES SENSENBRENNER, porters of the Law Enforcement Alliance of piece of legislation that addresses both the Rayburn House Office Building, America (LEAA), I am writing to express our enforcement and prosecution aspects of the Washington, DC. battle against gang violence. DEAR REPRESENTATIVE SENSENBRENNER: strong support for the Gang Deterrence and The National Sheriffs’ Association and its Mr. Chairman, as President of the California Community Protection Act of 2005 (H.R. Gang Investigators Association (CGIA) I am 1279). This legislation provides law enforce- member sheriffs fully endorse H.R. 1279 and writing to offer the support of the Associa- ment and prosecutors with much needed thank you for your continued support of law tion for H.R. 1279, The Gang Deterrence and tools to combat the growing organized enforcement. Community Protection Act of 2005 and H.R. threat of violence from criminal street Sincerely, 1528, Defending America’s Most Vulnerable: gangs. THOMAS N. FAUST, Safe Access to Drug Treatment and Child Today’s gang violence problem is not one Executive Director. Protection Act of 2005. The Association sup- of neighborhoods, but increasingly an inter- ports the legislative effort to curb gang vio- state and even international operation in- NATIONAL ASSOCIATION OF lence and the associated criminal drug net- volving highly structured and extremely vio- POLICE ORGANIZATIONS, INC. works that goes hand-in-hand with street lent criminal enterprises. H.R. 1279 recog- Washington. D.C., April 15, 2005. gang activity. We have supported the efforts nizes this growing menace and provides a Hon. F. JAMES SENSENBRENNER, Jr., of Senators Hatch and Feinstein in their much needed response. Chairman, Judiciary Committee, House of Rep- anti-gang efforts and stand ready to be of By providing state and local law enforce- resentatives, Washington, DC. any assistance we can be in your commit- ment with the additional resources to pursue DEAR CHAIRMAN SENSENBRENNER: On behalf tee’s efforts to obtain the same goals. such criminals and giving prosecutors addi- of the National Association of Police Organi- Street gangs continue to spread their tional tools to punish such criminals. H.R. zations (NAPO), representing 236,000 rank- unique brand of urban terrorism across our 1279 offers a significant opportunity to make and-file police officers from across the nation. Not only have they become prevalent an impact in the fight against violent crime. United States, I would like to thank you for in most urban inner cities, but have become I respectfully ask for your support for this introducing the ‘‘Gang Deterrence and Com- a scourge in our rural communities as well, much needed federal initiative. If you have munity Protection Act of 2005,’’ and advise presenting a threat to this nation’s bread any questions about LEAA’s position on H.R. you of our support for the legislation. If en- basket. As I travel around this country lec- 1279 or any other matter, feel free to have acted, this legislation will greatly assist turing to these communities it seems their your staff contact our Legislative Director, state and local law enforcement in their ef- primary concern for their personal safety is Kevin Watson at (703) 847–2677. forts against gang expansion and violence. not from some foreign terrorist but their Sincerely, Recent studies on gangs have estimated greatest fear is of the local street gangs. JAMES J. FOTIS, that over 25,000 different gangs, comprising Hundreds upon hundreds of Americans are Executive Director. over 750,000 members are active across the slain every year by street gangs, and thou- United States. 100 percent of all cities larger sands more injured. NATIONAL SHERIFFS’ ASSOCIATION, than 250,000 have reported gang activity. This legislation provides new law which Alexandria, Virginia, April 19, 2005. Compounding this problem, gangs have been will aid in this strugg1e, not only attacking Hon. F. JAMES SENSENBRENNER, Jr., directly linked to narcotics trade, human the gangs but with its companion bill, begins House of Representatives, Committee on the Ju- trafficking, identification document fal- to focus on their drug business as well. diciary, Washingtn, DC. sification, violent maiming, assault and If our association can be of any further as- DEAR CHAIRMAN SENSENBRENNER: I am murder, and the use of firearms to commit sistance to you please feel free to contact writing on behalf of the National Sheriffs’ deadly shootings. The ‘‘Gang Deterrence and me. Association and the 3,087 sheriffs across the Community Protection Act’’ works to reduce Sincerely yours, country to express our full support for H.R. gang violence by designating High Intensity WESLEY D. MCBRIDE, 1279, the ‘‘Gang Deterrence and Community Gang Areas (HIGAs) and authorizing $20 mil- President. Protection Act of 2005.’’ This much needed lion per year over five years to combat gang

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9158 CONGRESSIONAL RECORD—HOUSE May 11, 2005 activity. It also creates a new gang prosecu- 18 U.S.C. 521 Criminal Street Gang Pros- The Latino community is directly affected tion statute focusing on street gangs and in- ecutions, increasing the penalty for such by gang violence, consequently NCLR is creases the penalties for violent gang crimes, criminal acts on behalf of a criminal gang; committed to finding a solution to combat strengthening prosecutors’ ability to combat Defining Gang Crime for federal prosecu- it; however, the approach in H.R. 1279 is inef- gang activities. tion; fective, irresponsible and simplistic, given NAPO looks forward to fighting for this Increased Penalties for Racketeering that it does nothing to get to the root causes legislation’s passage and I thank you for Crimes on behalf of the criminal gangs; of the problem, and it further exacerbate your continued support of law enforcement. Modification of the Definition of a Crime youth violent behavior. H.R. 1279 will if en- If you have any questions, please feel free to of Violence; and acted into law, would have a disparate im- contact me, or NAPO’s Legislative Assist- Increasing Resources and Appropriations pact on Latino youth and their families. ant, Andrea Mournighan, at (202) 842–4420. in the newly defined High Intensity Inter- This bill would undermine overa11 public Sincerely state Gang Activity Areas. safety, given that it imposes excessively se- WILLIAM J. JOHNSON, NLPOA members have dealt with gang vere measures aimed at only punishing and Executive Director. crimes and gang violence for the last 32 not reforming youth violent behavior. Spe- years and are experts in this arena; with re- cifically, NCLR strongly opposes two provi- GRAND LODGE, spect to gang investigations, deterrence, and sions—the prosecution and transfer of youth FRATERNAL ORDER OF POLICE, prevention. The NLPOA recognizes that into the adult system and the inclusion of Washington, DC, April 4, 2005. many gangs are more sophisticated and have various mandatory minimum sentences for a Hon. J. RANDY FORBES, more resources than local police depart- broad category of offenses that are labeled House of Representatives, Washington, D.C. ments. Designating federal resources ‘‘gang crimes’’ and numerous other offenses. DEAR REPRESENTATIVE FORBES: I am writ- through increase penalties and federal task Section 115 of the bill allows for the pros- ing on behalf of the members of the Fra- forces will help Keep America Safe! ecution and transfer of youth into the adult ternal Order of Police to advise you of our Sincerely, system. The latest research shows that strong support for H.R. 1279, the ‘‘Gang De- FELIPE A. ORTIZ, transferring youth to adult status is a failed terrence and Community Protection Act of NLPOA National President. public policy approach, resulting in the op- 2005.’’ posite of what this bill is purporting to do. It This legislation will attack the growing Mr. MCGOVERN. Mr. Speaker, I yield will increase—not decrease—youth violence. problem of criminal gang activity by pro- myself such time as I may consume. The research shows that young people pros- viding increased Federal funding, almost $390 What shocks me is that we have peo- million, to support Federal, State and local ecuted as adults, compared to those pros- ple who get up and talk about the im- ecuted as juveniles, are more likely to: (a) law enforcement efforts to combat gang ac- portance of supporting our local law tivity. The bill aims to facilitate greater co- commit a greater number of crimes upon re- enforcement officials, and at the same lease; (b) commit more violent crimes upon operation between law enforcement officers time, we are supporting budgets that and prosecutors at every level of government release; and (c) commit crimes sooner upon by providing for the designation of certain cut money to our local law enforce- release. The research also shows that youth locations as ‘‘high intensity interstate gang ment agencies. held in adult facilities, compared to youth activity areas.’’ This strategy, modeled after Mr. Speaker, I include for the held in juvenile facilities, are five times as the High Intensity Drug Trafficking Area RECORD a letter from the National likely to be sexually assaulted by other in- (HIDTA) program, will enable law enforce- Council of La Raza opposing this bill. I mates, twice as likely to be beaten by staff, ment in these designated areas to build suc- 50% more likely to be assaulted with a weap- also include for the RECORD a state- on, and eight times as likely to commit sui- cessful multijurisdictional efforts targeting ment that has been signed by the criminal street gangs using Federal funds. cide. Law enforcement agencies in these des- American Bar Association, the Amer- With these kinds of risks, it does not make ignated areas will be able to call on Federal ican Civil Liberties Union, Chamber of sense for the House to pursue legislation resources to hire additional State and local Commerce of the United States, the that includes the power to prosecute juve- prosecutors and purchase technology to in- Children’s Defense Fund, the Commis- niles as adults in federal court for activities crease their abliity to identify and prosecute sion on Social Action of Reform Juda- that the states are already well-equipped— violent offenders. ism, Leadership Conference on Civil indeed, better-equipped—to handle than the The legislation also creates new criminal federal system. Also, putting the transfer de- gang prosecution offenses and enhances ex- Rights, the National Urban League, cision at the sole discretion of a prosecutor, isting gang and violent crime penalties to Murder Victims’ Families for Human not a judge as the law currently requires, deter and punish illegal gang activity. The Rights, the NAACP, the National Fed- violates the most basic principles of due bill would also allow 16-year olds to be eration of Independent Business, and process and fairness. charged as adults in Federal court for crimes the United States Conference on Catho- Section 103 of the bill includes and expands of violence. lic Bishops, all in opposition to this mandatory minimum sentences for a broad We believe that our nation’s law enforce- legislation. I also include for the category of offenses that are deemed ‘‘gang ment officers can be more effective at fight- crime.’’ Under this bill, the mandatory min- RECORD, Mr. Speaker, a letter that has ing the menace of criminal gangs if they imum sentences for these crimes range: from have the necessary resources that this legis- been signed by the President of Catho- 5 to 30 years. Although the offenses are seri- lation provides. I want to commend you for lic Charities USA, also opposed to this ous and individuals who are convicted should your leadership on this issue. If I can be of legislation. And I include for the be properly held accountable, mandatory any further help on this or any other issue, RECORD, so that it is there, the 16 sentences often prevent judges from deter- please do not hesitate to contact me or Exec- amendments that the majority of the mining the appropriate punishment. When utive Director Jim Pasco through my Wash- Committee on Rules decided to not judges are restricted by mandatory sen- ington office. make in order today on this important tences, they cannot assess an individua1s Sincerely, legislation. culpability during the crime or other factors CHUCK CANTERBURY, that have bearing on recidivism, thus result- Nationl President. NATIONAL COUNCIL OF LA RAZA, ing in inappropriate sentences. Washington, DC, May 9, 2005. Although mandatory minimums were in- APRIL 18, 2005 Re Oppose provisions in the ‘‘gang buster tended to reduce the racial disparities that Re Gang Deterrence and Community Protec- bill’’ H.R. 1279 that prosecute youth as were associated with indeterminate sen- tion Act H.R. 1279 adults and impose mandatory minimum tencing, in practice they exacerbate and Hon. F. JAMES SENSENBRENNER, Jr., sentences. mask such disparities by shifting discretion Chair, House Judiciary Committee, House of DEAR MEMBER OF CONGRESS: On behalf of from the judge to the prosecutor. Prosecu- Representatives, Washington, D.C. the National Council of La Raza (NCLR), the tors retain the power to plea bargain by of- DEAR REPRESENTATIVE SENSENBRENNER: As largest national Latino civil rights organiza- fering defendants plea agreements that avoid the House Judiciary Committee continues tion in the U.S., I urge you to oppose provi- the mandatory penalty. Studies have shown its work on Gang Violence in America, on sions contained in the ‘‘Gang Deterrence and that this discretion results in a disparity in behalf of the National Latino Peace Officers Community Protection Act of 2005’’ (H.R. sentencing outcomes based largely on race Association (NLPOA), we support all of the 1279) which is on the suspension calendar and quality of defense attorney. According provisions contained in H.R. 1279 and urge this week. Please be advised that NCLR will to testimony from the U.S. Sentencing Com- the Committee to adopt all of the provisions recommend that votes relevant to the Latino mission, in 1999, 39% of those receiving man- to strengthen federal law enforcement’s ca- community and final passage of the bill be datory sentences were Hispanic, 38% were pabilities on combating the growing gang vi- included in the National Hispanic Leadership African American, and 23% were White. olence in America: Agenda Congressional Scorecard. Hipanics comprised 44% of those subject to

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9159 five-year mandatory sentences in 1999, 37% of the alleged violation. In addition, conviction bases that track gang activity in high inten- the ten-year mandatory sentences, 20% of of any crime that is labeled a ‘‘crime of vio- sity gang areas. These databases contain the 20-year mandatory sentences, and 8% of lence’’ under this proposed statute brings de- critical information on gangs, gang mem- the mandatory life sentences. The reality for portation without right of appeal for legal bers, firearms, criminal activities and his- African American defendants is even immigrants working for a company, and po- tories, vehicles, and other fields of informa- bleaker. tential federal money laundering charges, tion necessary to investigators in solving NCLR respectfully asks you to oppose leg- which can result in substantial asset for- gang related crimes. islation that prosecutes and transfers youth feiture. No. 7 Scott: The amendment makes appli- into the adult system and that includes and While we certainly recognize that these cation of the death penalty under the bill expands mandatory minimum sentences. consequences were not the intent of this leg- contingent upon appropriation of the author- These provisions will only exacerbate youth islation, this provision could have an unjust ized levels to protect innocence under Title violent behavior, at a time when data from impact on business. We ask that you give se- IV of the ‘‘Justice For All Act of 2004.’’ the FBI’s Uniform Crime reporting program rious consideration our concerns as you con- No. 8 Scott: The amendment restricts the that breaks down the age of people arrested tinue to work on this issue. Thank you for application of the death penalty to inten- for serious offenses in 2003 showed that the your attention to this very important mat- tional acts of the defendant. number of people under 18 arrested declined ter. No. 9 Scott: The amendment strikes sec- by 30%. Instead, NCLR calls for a com- Sincerely, tion 115, which gives the Attorney General Chamber of Commerce of the United prehensive research—based approach that authority to prosecute certain juveniles States. gets at the root causes of youth violence— without court assessment or review. Association of Oil Pipe Lines. which includes but is not limited to preven- No. 10 Scott: The amendment uses the $57.5 tion, treatment, and effective alternatives to National Petrochemical & Refiners Asso- ciation. million authorized in the bill for 94 new U.S. incarceration. If you have any questions Attorneys to go, instead, to local law en- please contact Angela Arboleda, NCLR Civil National Association of Manufacturers. Interstate Natural Gas Association of forcement to prevent and reduce the forma- Rights Policy Analyst, at (202) 776–1789. tion or continuation of juvenile gangs and Sincerely, America. Business Civil Liberties, Inc. the use and sale of illegal drugs by juveniles. JANET MURGUIA, American Chemistry Council. No. 11 Scott: The amendment modifies the President and CEO. definition of a ‘‘gang crime’’ so that only the No. 25 Capuano/Weiner: The amendment re- more serious violent offenses are included. JUNE 2, 2004. authorizes the Community Oriented Policing Hon. ORRIN G. HATCH, Services (COPS) program for FY2006–FY2008. MAY 6, 2005. Chairman, Committee on the Judiciary, No. 26 Crowley: The amendment requires DEAR REPRESENTATIVE: On behalf of the U.S. Senate, Washington, DC. that the purchase of firearms, ammunition United States Conference of Catholic DEAR MR. CHAIRMAN: We write to express and explosives to be made in person and re- Bishops and Catholic Charities USA, we urge our strong concern about the unintended quires records to be kept on how the pur- you to oppose provisions in H.R. 1279, Gang consequences that will result from Section chases were made. 206 of The Gang Prevention and Effective De- No. 23 Jackson Lee: The amendment would Deterrence and Community Protection Act terrence Act of 2003—S. 1735. Although Sec- make it illegal to transfer a firearm to any of 2005, the (Gang Bill) that would expand tion 206 has been removed from the bill by individual that the Federal government has the use of the death penalty, treat juveniles amendment, we understand discussions are designated as a suspected or known gang as adults and impose mandatory minimum underway to reinsert it. member or terrorist. It also establishes a sentences. Section 206 would change the general defi- system that would assist any individual who First, we strongly oppose any provision in nition of a crime of violence to require only is wrongly included on such a list to have his the bill that would expand the use of the a ‘‘substantial risk of . . . injury to a person or her name removed. death penalty. As you may be aware, the or property,’’ and not physical force. Vio- No. 24 Jackson Lee/Scott/Delahunt/Waters: bishops of the United States oppose the use lence, however, is commonly defined as phys- The amendment strikes the section of the of the death penalty. Catholic teaching on ical force. Thus, removing the ‘‘physical bill that allows the Attorney General to capital punishment is clear, ‘‘If bloodless force’’ requirement from crimes of violence charge as adults those juveniles who commit means are sufficient to defend human lives undermines the purpose of having a special violent crimes and are at least 16 years old. against an aggressor and to protect public category of heinous crimes. No. 15 Eddie Bernice Johnson: The amend- order and the safety of persons, public au- Moreover, this new definition would broad- ment establishes funding for prevention and thority should limit itself to such means, be- en crimes of violence to include a number of intervention programs for the suppression of cause they better correspond to the concrete regulatory violations targeted at businesses. youth and gang violence. conditions of the common good and are more For example, felony violations of environ- No. 2 Schiff/Cardoza/Watson/Linda San- in conformity to the dignity of the human mental statutes, such as the Clean Water chez: The amendment authorizes the expan- person’’ (Catechism of the Catholic Church). Act, Clean Air Act, and Resource Conserva- sion and enhancement of law enforcement Secondly, we urge you to eliminate any tion and Recovery Act, which criminalize and community-based prevention and inter- provisions in the legislation that would re- violations of both statutory and regulatory vention programs targeting criminal street sult in the expanded ‘‘transfer’’ or ‘‘waiver’’ requirements, could be deemed crimes of vio- gangs, gang members, and at-risk youth. of youth to the adult criminal system and/or lence. In many cases, these violations are No. 21 Waters: The amendment creates a placing an additional number of youth in ‘‘technical’’ in nature, including record- ‘‘Gang Exit Program’’ to facilitate the re- adult correctional facilities. While there is keeping, reporting, training, etc, and have entry of ex-gang members into society. This no question that violent and dangerous very low criminal intent standards. With a program would provide relocation programs, youth need to be confined for our safety and mere ‘‘knowing’’ violation—which requires educational programs, special student loans, theirs, we cannot support provisions that neither knowledge by the defendant of the and housing to ex-gang members. treat children as though they are equal to underlying regulations or the law nor an in- OTHERS adults. As we stated in our 2000 pastoral tention to violate the law—a business and its No. 14 Davis (IL): The amendment strikes statement on criminal justice, we believe officers and employees are especially vulner- the provision in the bill that calls for a min- that placing juveniles in the adult court sys- able to criminal penalties. If conviction imum mandatory 10 year jail term. tem is not a solution to reducing gang activ- under the particular statute can result in a No. 12 Davis (IL): This amendment would ity. I-year prison sentence, thus making it a fel- strike section 110 and preserve language in We bishops cannot support policies that ony, and if the violation risked injury to a current law regarding venue in capital cases. treat young offenders as though they are person or the property of another, under the No. 13 Davis (IL): The amendment strikes adults. The actions of the most violent proposed new definition the violation would the section of the bill that gives the Attor- youth leave us shocked and frightened and be a violent crime. ney General the discretion to charge as therefore they should be removed from soci- This designation serves as a trigger for a adults juveniles who commit violent crimes ety until they are no longer dangerous. But host of consequences, including longer sen- and are at least 16 years old. society must never respond to children who tences under the federal sentencing guide- No. 22 Jackson Lee: The amendment clari- have committed crimes as though they are lines, and a doubling of the statute of limita- fies that the defendant, and not just a mem- somehow equal to adults—fully formed in tions. The current statute of limitations for ber of the gang, must have committed crimi- conscience and fully aware of their actions. all environmental crimes is five years from nal activity related to the capital case in the Placing children in adult jails is a sign of the date the violation occurred. As a crime jurisdiction where the prosecutor seeks to failure, not a solution. (Responsibility, Re- of violence, the statute of limitations would bring the charge. habilitation, and Restoration: A Catholic be the greater of either ten years from the No. 16 Eddie Bernice Johnson: The amend- Perspective on Crime and Criminal Justice, occurrence or eight years from discovery of ment establishes funding for regional data- November 15, 2000).

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9160 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Additionally, removing youth from state Congress should not expand the Federal ple being convicted of ‘‘gang’’ crimes that juvenile justice systems greatly reduces death penalty until it ensures innocent peo- are neither ongoing in nature nor connected their chances of receiving necessary treat- ple are not on death row. to each other, and could occur 10, 15 or 20 ment and intervention programs. Unlike Expansion of the federal death penalty un- years apart. state systems around the country, the fed- dermines the very reforms that were enacted H.R. 1279 further erodes federal judges’ sen- eral system does not have any specialized in last year’s Justice for All Act (P.L. 108– tencing discretion by proposing harsher programs or facilities to accommodate 405), which addressed some systemic prob- mandatory minimum sentences. young people or to a address the root prob- lems with the federal death penalty. H.R. This legislation further erodes the sen- lems, such as abuse, that these children are 1279 would create several new offenses and tencing discretion of judges by imposing experiencing at home or on the streets. This make them punishable by the death penalty mandatory minimums that would result in emphasis on swift punishment rather than as well as increase the penalty for several ex- unfair and discriminatory prison sentences. effective treatment and intervention dem- isting federal offenses to the possibility of a Many of the enhanced gang penalties in this onstrates a fundamental misunderstanding death sentence. bill are mandatory minimum sentences or of the street gang culture and is tantamount The death penalty is in need of reform, not death. Mandatory minimum sentences de- to giving up on our children—something that expansion. According to the Death Penalty prive judges of the ability to impose sen- our faith tradition teaches we should never Information Center, 119 prisoners on death tences that fit the particular offense and of- do. Rather, we believe the challenge as re- row have now been exonerated. Chronic prob- fender. Although in theory mandatory mini- sponsible adults is to create a fairer and lems, including inadequate defense counsel mums were created to address disparate sen- more effective youth justice system, where and racial disparities, plague the death pen- tences that resulted from indeterminate sen- there is a balance between prevention, treat- alty system in the United States. The expan- tencing systems, in reality they shift discre- ment and intervention that gives young peo- sion of the death penalty potential for gang tion from the judge to the prosecutor. Pros- ple a chance to make better choices. Unfor- crimes creates an opportunity for more arbi- ecutors hold all the power over whether a de- fendant gets a plea bargain in order for that tunately, we believe several provisions in trary application of the death penalty. defendant to avoid the mandatory sentence. H.R. 1279 do not rise to the challenge. States continue to address the systemic It is not clear what standards (if any) pros- Finally, we urge you to oppose language in problems with the administration of the ecutors use to offer plea bargains, therefore the bill that includes and expands manda- death penalty by implementing reform and only a few defendants get the benefit of tory minimum sentences for a broad cat- moratorium efforts, while the federal gov- avoiding the mandatory sentence. This cre- egory of offenses that are deemed gang ernment, in H.R. 1279, is moving to expand ates unfair and inequitable sentences for crime. In the Gang Bill, the mandatory min- the death penalty in lieu of enacting or im- people who commit similar crimes, thus con- imum sentences for gang related crimes plementing reforms on the federal level. tributing to the very problem mandatory range from five to thirty years. Although the In addition to expanding the number of minimums were created to address. offenses are serious and individuals who are federal death penalty crimes, Section 110 of H.R. 1279 jeopardizes a person’s right to a convicted ought to be properly held account- the bill expands venue in capital cases to the fair trial and creates the possibility that in- able, rigid sentencing formulations could point that any location even tangentially re- nocent people would be held for long periods prevent judges from properly assessing an in- lated to the crime could be the site of a trial. of time prior to a trial. dividual’s culpability during the crime or Studies of the federal death penalty show Innocent people could be convicted of other factors that have bearing on recidi- that a person prosecuted in Texas is much crimes they did not commit if the statute of vism, thus sometimes resulting in harsh and more likely to be charged, tried and sen- limitations is extended as proposed in this inappropriate sentences. From our experi- tenced to death in a capital case than a per- legislation. The Gang bill proposes to extend ence, arbitrarily expanding mandatory min- son who is prosecuted for the same crime in the statute of limitations for non-capital imum sentences does nothing to deter youth Massachusetts. This bill will exacerbate crimes of violence. Generally, the statute of gang violence and we urge you to oppose any these geographic inequities that exist in the limitations for non-capital federal crimes is such provisions. federal death penalty system. The wide five (5) years after the offense is committed. Thank you for your consideration of this range of discretion in both what to charge This bill would extend that limitation for very important issue. Should you have any and where to bring the charge will give pros- crimes of violence to 15 years after the of- questions or comments, please do not hesi- ecutors tremendous latitude to forum shop. fense was committed or the continuing of- tate to contact Mr. Andrew Rivas in our of- This broad discretion will increase the racial fense was completed. For example, if a vio- fice of Social Development and World Peace, and geographic disparities already at play in lent crime was committed in 2005, but a per- 202–541–3190, [email protected], or Ms. Lucreda the federal death penalty. son was not indicted until 2020, that indi- Cobbs at Catholic Charities USA, 703–549– People could be convicted of a ‘‘gang’’ vidual could be charged with a crime 15 years 1390, [email protected]. With crime even if they are not members of a later. In 2020, 15 years after the crime, alibi every good wish, we are gang. witnesses could have disappeared or died, Faithfully yours, This bill would impose severe penalties for other witnesses’ memories would have faded Most Reverend Nicholas a collective group of three or more people and evidence may be unreliable. The use of DiMarzio, who commit ‘‘gang’’ crimes. Even more dis- questionable evidence could affect a person’s Diocese of Brooklyn, concerting is that a person could receive the ability to defend themselves against charges Chairman, Domestic death penalty for the illegal participation in and to receive a fair trial. Policy Committee, what would be considered a ‘‘criminal street Shifting the burden of proof for pretrial de- United States Con- gang’’ while having no idea or intention of tention in some cases involving guns could ference of Catholic being a part of a so-called ‘‘gang.’’ H.R. 1279 result in serious injustices and interfere with Bishops. revises the already broad definition of an accused person’s defense. This legislation REV. LARRY SNYDER, ‘‘criminal street gang’’ to an even more am- would create a rebuttal presumption against President, Catholic biguous standard of a formal or informal bail for people accused of certain firearms of- Charities USA. group or association of three (3) or more peo- fenses during the commission of serious drug ple who commit two (2) or more ‘‘gang’’ crimes. A person who is presumed innocent AMERICAN CIVIL LIBERTIES UNION, crimes. The number of people required to and has not been found guilty of any crime Washington, DC, May 9, 2005. form a gang decreases from five (5) people in could be held for months or years without DEAR REPRESENTATIVE: Oppose the ineffec- an ongoing group under current law to three the government having made any showing tive policies proposed in H.R. 1279, the Gang (3) people who could just be associates or that he or she is dangerous or a flight risk. Deterrence and Community Protection Act casual acquaintances under this proposed Making it more difficult for an accused per- of 2005. legislation. son to be released on bail prior to trial Representative Randy Forbes (R–VA) has Under the Gang bill a ‘‘continuing series’’ hinders a defendant’s ability to assist their introduced H.R.1279, the Gang Deterrence of crimes does not have to be established to defense lawyer with investigating the facts and Community Protection Act of 2005 charge a person with a gang crime. Pres- of the case and preparing their defense. (‘‘Gang bill’’). The Gang bill could subject in- ently, the government has to establish that Children would be put in Federal prison nocent people to the death penalty, creates criminal street gangs engaged ‘‘within the with little opportunity for education or re- numerous discriminatory mandatory min- past five (5) years in a continuing series of habilitation. imum sentences, could result in wrongfully offenses.’’ The continuing series of offenses Under the Gangs bill, more children will convictions based on unreliable evidence, under current law is essential to preserving become hardened criminals after being tried and creates more serious juvenile offenders the concept of gang activity that the law is in federal court and incarcerated in adult by incarcerating children in adult prisons. trying to target, i.e. criminal activity that prisons. Currently under federal law, when H.R. 1279 is scheduled for a vote on the House has some type of connection to a tight knit the government recommends trying a juve- Boor on Wednesday, May 11, 2005, we strong- group of people. This broader definition of nile as an adult in federal court various fac- ly urge you to oppose this legislation. gang crime in H.R. 1279 would result in peo- tors must be considered by the court before

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9161 deciding whether the criminal prosecution of related offenses that warrant federal inter- previous question is defeated, I will a young person is in the interest of justice. vention. amend the rule to allow the House to These factors include the age, social back- PROMOTES WIDELY DISCREDITED APPROACHES consider the Capuano-Weiner amend- ground, and the intellectual development TO GANG AND YOUTH CRIME ment on the COPS program. This and psychological maturity of the child. H.R. H.R. 1279 does nothing to promote proven amendment was offered in the Com- 1279 would give the prosecutor the discretion effective programs for dealing with criminal to determine when to try a young person in mittee on Rules last night but was de- street gangs and youth crimes, such as fam- feated on a straight party-line vote. federal court as an adult, if the juvenile is 16 ily and school-based interventions and men- years of age or older and commits a crime of toring programs. The Heritage Foundation This amendment will reauthorize the violence. provided recent testimony on what measures Community Oriented Policing Serv- The decision by a prosecutor to try a juve- Congress should support to address the gang ices, the COPS program, for the next 3 nile as an adult cannot be reviewed by a problem—including fostering stable neigh- years. The COPS program, created as a judge under this legislation. This borhoods, providing after-school activities, result of the Violent Crime Control and unreviewable process of transferring youth and improving local economies—and H.R. to adult federal court is particularly trou- Law Enforcement Act of 1994, focuses 1279 does none of these things. on crime prevention at the local level. bling when juveniles are not routinely pros- H.R. 1279 would result in more youth being ecuted in the federal system and there are no prosecuted as adults in the federal system This program puts law enforcement resources or facilities to address the needs of despite research showing that youth trans- professionals on the streets and assigns youth. The federal government should con- ferred to the adult criminal justice system them a beat so they can build mutually tinue to let states deal with juveniles in are more likely to re-offend than similarly beneficial relationships with the people their family court systems that were created situated youth who remain in the juvenile that they serve. By earning the trust of to address the needs and provide services to justice system. young people. Furthermore, a 1996 study members of their community and mak- As the Judicial Conference of the United ing those individuals invest in their showed that youth transferred to adult court States has stated, ‘‘primary responsibility in Florida were a third more likely to re- for prosecuting juveniles has traditionally own safety, community policing makes offend than those sent to the juvenile justice been reserved for the states,’’ and ‘‘the fed- law enforcement more efficient and system for the same crime and with similar eral criminal justice system has little expe- makes America safer. prior records. Of the youth in this study who rience and few resources’’ for juvenile de- Mr. Speaker, if we are really serious committed new crimes, those sent to adult fendants. about stopping the growing gang prob- court reoffended at twice the rate of those EXACERBATES RACIAL DISPARITIES AND OTHER lem that is occurring in this country, sent to juvenile court. This research empha- SIGNIFICANT FLAWS IN THE CRIMINAL JUSTICE we need to start at the local level, and sizes the need for juveniles to be held ac- SYSTEM countable in the juvenile justice system, we need to include prevention as well which has more resources to address the H.R. 1279 expands three criminal justice as enforcement. I know of no better problems that cause children to come to the policies—mandatory minimum sentences, program to meet this worthy goal than attention of the court system. capital punishment, and youth transfer to the COPS program. While efforts to address gang crime are adult prosecution—that are discriminatory Members should be aware that a very important to maintaining public safety, towards minority communities. Attached to the new federal crimes are 24 ‘‘no’’ vote will not prevent consider- this legislation proposes to confront crime at ation of the gang deterrence bill and it the expense of the right to a fair trial, at the new mandatory minimum sentences, which risk of convicting innocent people and un- will transfer sentencing power from judges will not affect any of the amendments necessary exposure to the death penalty. to prosecutors, prescribe unconscionably se- that are in order under this rule. But a H.R. 1279 will not solve the problem of gang vere sentences, and increase unwarranted ‘‘no’’ vote will allow us to add this im- crime in this country, thus members should disparity, including racial disparity. Simi- portant amendment that is one of our oppose this bill when the House of Rep- larly, H.R. 1279 indiscriminately raises pen- most effective tools in the war against resentatives votes on Wednesday, May 11, alties for a wide variety of offenses that have nothing to do with street gangs, ranging violence. 2005. Mr. Speaker, as I said at the begin- Sincerely, from carjacking to regulatory violations (e.g., Clean Water Act). ning, if we are truly interested in deal- GREG NOJEIM, H.R. 1279 attaches the death penalty to a ing with the gang problem in this coun- Acting Director. variety of traditional state crimes and al- JESSELYN MCCURDY, try, we need to do more than pass leg- lows prosecutors to forum shop, expanding Legislative Counsel. islation that sounds tough. We need to this error-prone and discriminatory system have legislation that is tough, that will and flouting community standards regarding VOTE WEDNESDAY, MAY 11—OPPOSE HR. 1279 do the job. We need to do more than a ‘‘THE GANG DETERRENCE AND COMMUNITY the appropriateness of the death penalty for certain crimes. press release here. PROTECTION ACT,’’ INEFFECTIVE AND COSTLY I urge my colleagues to vote ‘‘no’’ on SOME ORGANIZATIONS OPPOSING H.R. 1279 FEDERAL INTRUSION IN STATE LAW EN- the previous question. FORCEMENT American Bar Association. American Civil Liberties Union. Mr. Speaker, I ask unanimous con- FEDERALIZES TRADITIONAL STATE CRIMES sent that the text of the amendment be WITHOUT JUSTIFICATION Chamber of Commerce of the United States. printed in the RECORD immediately H.R. 1279 would federalize all state felonies Children’s Defense Fund. prior to the vote on the previous ques- if related to a ‘‘criminal street gang’’ and a Commission on Social Action of Reform host of state violent offenses (whether or not tion. Judaism. The SPEAKER pro tempore (Mr. gang-related), thereby significantly expand- Leadership Conference on Civil Rights. ing the current list of over 4,000 federal National Urban League. SIMPSON). Is there objection to the re- crimes (according to a recent Federalist So- Murder Victims’ Families for Human quest of the gentleman from Massachu- ciety report). Traditional state jurisdiction Rights NAACP. setts? over juvenile matters also would be under- National Council of La Raza. There was no objection. mined. National Federation of Independent Busi- Mr. MCGOVERN. Mr. Speaker, I yield This approach will skew traditional federal ness. back the balance of my time. law enforcement priorities, undercut the su- United States conference of Catholic perior efforts of the states to deal with vio- Bishops. Mr. GINGREY. Mr. Speaker, I yield lent crimes and juvenile offenders, and may For more information, including a full list myself such time as I may consume. exceed constitutional limits on federal of opposing organizations, go to As we bring debate on this rule to a power. www.nacdl.org/Gangs. close, I must stress the importance of Even the conservative Heritage Founda- Mr. MCGOVERN. Mr. Speaker, I re- strengthening our communities’ efforts tion, in recent testimony to Congress, rec- serve the balance of my time. against gang crime. Like other forms ommended enforcing existing laws rather Mr. GINGREY. Mr. Speaker, I reserve of organized crime, gangs are at the than passing new ones. Existing federal stat- center of drug violence, identity theft, utes—including RICO, Continuing Criminal the balance of my time. Enterprise and drug trafficking statutes— Mr. MCGOVERN. Mr. Speaker, I yield bank robberies and many of the deadly have been used to prosecute and severely myself such time as I may consume. shootings we read about in the local punish gang members, and these laws are I will be asking Members to vote papers. We need to act in one strong more than adequate to prosecute any gang- ‘‘no’’ on the previous question. If the voice to indicate that our laws have a

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9162 CONGRESSIONAL RECORD—HOUSE May 11, 2005 purpose, that our prosecutors and law Mr. Speaker, I urge support for this In forty-seven (47) of those cases, state and enforcement officers mean business. rule and passage of the underlying bill. federal authorities were forced to permit such Gangs are a national problem, and they Ms. JACKSON-LEE of Texas. Mr. Speaker, transactions to proceed because officials were will not go away by simply putting I rise today to express my disappointment with unable to find any disqualifying information, them into an arts and crafts program the structured rule that has been set forth for such as a prior felony conviction or court-de- or opening up a gymnasium to let them debate on H.R. 1279 the ‘‘Gang Deterrence termined ‘mental defect’. Thus, producing a play midnight basketball. We can pre- and Community Protection Act of 2005.’’ This situation whereby suspected or known gang vent the formation of gangs by bill among other things, could subject innocent members were, and continue to be, free to ob- strengthening our families, and we can people to the death penalty, creates numerous tain as many guns as they desire. deter their crimes by breaking their or- discriminatory mandatory minimum sentences, In closing, these are all very important ganization and putting them in jail. could result in wrongful convictions based on amendments and were aimed at fixing many Gangs are no longer simply found in unreliable evidence, and creates more serious of the problems associated with H.R. 1279. the largest cities but have made their juvenile offenders by incarcerating children in Despite the structured rule, I hope my col- way into our rural and suburban com- adult prisons. These are very serious issues. leagues on both sides will realize the impor- munities as well. Issues that warrant extensive debate and the tance of this bill and give it the time and atten- Gangs are a problem which need a opportunity to fix these problems before the tion it deserves. resolution because the cost is in human negative impact is felt. The current rule does The material previously referred to lives. One of the more important as- not allow for such debate. by Mr. MCGOVERN is as follows: pects of the Gang Deterrence and Com- Before concluding, I feel it is important that I briefly mention my three amendments that PREVIOUS QUESTION FOR H. RES. 268—RULE ON munity Protection Act is mandatory H.R. 1279: THE GANG DETERRENCE & COMMU- were not ruled in order. My first amendment minimum sentencing. With mandatory NITY PROTECTION ACT OF 2005 sentencing, law enforcement will gain would have removed Section 110 of the bill. As written in the bill, a prosecutor could bring At the end of the resolution, add the fol- leverage over the lower-level gang lowing: a capital case in a district that had only a lim- members, leverage that will put pres- ‘‘SEC. 2. Notwithstanding any other provi- sure on a gang member to ‘‘roll over’’ ited connection with a crime. My amendment sion of this resolution the amendment speci- on their leadership. With cooperation would have clarified that the defendant must fied in section 3 shall be in order as though comes the ability to take down an en- have committed criminal activity related to the printed after the amendment numbered 10 in tire gang network, which is the desired capital case in the jurisdiction where the pros- the report of the Committee on Rules if of- effect of this legislation. If there is no ecutor seeks to bring the charge. In essence, fered by Representative Capuano of Massa- chusetts or Representative Weiner of New threat of doing hard time, there is no it would have stopped forum shopping which is currently allowed under the bill. York or a designee. That amendment shall incentive to cooperate with law en- be debatable for 30 minutes equally divided forcement investigators. In fact, mini- My second amendment would have deleted Section 115 of the bill which deals with the and controlled by the proponent and an op- mal sentencing of much shorter time is ponent. transfer of juveniles to adult courts. More spe- often viewed by low-level 16- and 17- SEC. 3. The amendment referred to in sec- year-old gang members as a badge of cifically, the amendment would have pre- tion 2 is as follows: honor, so-called ‘‘earning your bones.’’ vented the transferring of juveniles from juve- At the end of the bill, add the following nile courts to adult courts when a juvenile has They come out of prison in 6 months to new section: committed an act, which if committed by an 2 years and move up the gang chain of SEC. 2ll. AUTHORIZATION AND CHANGE OF adult, would be a felony. If this section is al- COPS PROGRAM TO SINGLE GRANT command. Plain and simple, manda- lowed to remain in the bill, more children will PROGRAM. tory minimum penalties are an impor- become hardened criminals after being tried in (a) IN GENERAL.—Section 1701 of title I of tant piece in protecting the public federal court and incarcerated in adult prisons. the Omnibus Crime Control and Safe Streets from violent gangs by taking down the Act of 1968 (42 U.S.C. 3796dd) is amended— Currently under federal law, when the govern- system that supports them. (1) by amending subsection (a) to read as Mr. Speaker, mandatory sentencing, ment recommends trying a juvenile as an follows: adult in federal court various factors must be this is not a new concept. In fact, the ‘‘(a) GRANT AUTHORIZATION.—The Attorney considered by the court before deciding Child Abduction Prevention Act of 2002 General shall carry out a single grant pro- whether the criminal prosecution of a young contained 20-year mandatory mini- gram under which the Attorney General person is in the interest of justice. These fac- makes grants to States, units of local gov- mums for child abductions and earned tors include the age, social background, and ernment, Indian tribal governments, other the support of 178 Democrats at final the intellectual development and psychological public and private entities, and multi-juris- passage. Mandatory minimum sen- maturity of the child. dictional or regional consortia for the pur- tences were part of the 2003 PROTECT The decision by a prosecutor to try a juve- poses described in subsection (b).’’; (2) by striking subsections (b) and (c); Act, which passed this body by a vote nile as an adult cannot be reviewed by judge of 400 to 25. The Identity Theft Penalty (3) by redesignating subsection (d) as sub- under this legislation. This unreviewable proc- section (b), and in that subsection— Enhancement Act contained manda- ess of transferring youth to adult federal court tory minimum sentences, and it passed (A) by striking ‘‘ADDITIONAL GRANT is particularly troubling when juveniles are not PROJECTS.—Grants made under subsection on suspension. An amendment to the routinely prosecuted in the federal system and (a) may include programs, projects, and intelligence bill that contained manda- there are no resources or facilities to address other activities to—’’ and inserting ‘‘USES OF tory minimum sentencing to assure ap- the needs of youth. GRANT AMOUNTS.—The purposes for which propriate penalties for serious offenses My third amendment was very straight- grants made under subsection (a) may be such as possession of atomic, biological forward. It would have closed the glaring loop- made are—’’; and chemical weapons passed 385 to 30. hole which currently exists in our federal gun (B) by redesignating paragraphs (1) through (12) as paragraphs (6) through (17), Mandatory minimum sentencing has laws by making it illegal to transfer a firearm been widely supported by this House respectively; to any individual that the federal government (C) by inserting before paragraph (5) (as so and I believe works to deter crime. has designated as a suspected or known gang redesignated) the following new paragraphs: Getting tough on crime requires tough member or terrorist. As many of you know, ‘‘(1) rehire law enforcement officers who and uniform enforcement. We cannot under current law, neither suspected nor ac- have been laid off as a result of State and afford to relent in our efforts to deter tual membership in a gang or terrorist organi- local budget reductions for deployment in gang crime and enforce our laws. We zation is a sufficient ground, in and of itself, to community-oriented policing; need to address this problem while we prevent the purchase of a dangerous firearm. ‘‘(2) hire and train new, additional career have the opportunity and before it In fact, according to a recently released GAO law enforcement officers for deployment in grows further out of control. We need community-oriented policing across the Na- report, over the course of a nine-month span tion; to invest in new technology, unify our last year, a total of fifty-six (56) firearm pur- ‘‘(3) procure equipment, technology, or intelligence and strengthen our sen- chase attempts were made by individuals des- support systems, or pay overtime, to in- tencing so law enforcement will have ignated as known or suspected gang mem- crease the number of officers deployed in the tools to get gangs off the street. bers or terrorists by the federal government. community-oriented policing;

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9163 ‘‘(4) improve security at schools and on The question was taken; and the Sodrel Tiahrt Westmoreland school grounds in the jurisdiction of the Speaker pro tempore announced that Souder Tiberi Whitfield grantee through— Stearns Turner Wicker the ayes appeared to have it. Sullivan Upton ‘‘(A) placement and use of metal detectors, Wilson (NM) Mr. MCGOVERN. Mr. Speaker, I ob- Sweeney Walden (OR) locks, lighting, and other deterrent meas- Wilson (SC) ject to the vote on the grounds that a Tancredo Walsh Wolf ures; Taylor (NC) Wamp quorum is not present and make the Young (AK) ‘‘(B) security assessments; Terry Weldon (FL) Young (FL) ‘‘(C) security training of personnel and stu- point of order that a quorum is not Thomas Weldon (PA) dents; present. Thornberry Weller ‘‘(D) coordination with local law enforce- The SPEAKER pro tempore. Evi- NAYS—198 ment; and dently a quorum is not present. Abercrombie Gordon Oberstar ‘‘(E) any other measure that, in the deter- The Sergeant at Arms will notify ab- Ackerman Green, Al Obey mination of the Attorney General, may pro- sent Members. Allen Green, Gene Olver vide a significant improvement in security; Andrews Grijalva Ortiz ‘‘(5) pay for officers hired to perform intel- Pursuant to clause 9 of rule XX, the Baca Gutierrez Owens ligence, anti-terror, or homeland security Chair will reduce to 5 minutes the min- Baird Harman Pallone duties exclusively;’’; and imum time for electronic voting, if or- Baldwin Herseth Pascrell (D) by amending paragraph (9) (as so redes- dered, on the question of adoption of Barrow Higgins Pastor Bean Hinchey Payne ignated) to read as follows: the resolution. Becerra Hinojosa Pelosi ‘‘(8) develop new technologies, including The vote was taken by electronic de- Berman Holden Peterson (MN) interoperable communications technologies, vice, and there were—yeas 227, nays Berry Holt Pomeroy modernized criminal record technology, and 198, not voting 8, as follows: Bishop (GA) Honda Price (NC) forensic technology, to assist State and local Bishop (NY) Hooley Rahall law enforcement agencies in reorienting the [Roll No. 164] Blumenauer Hoyer Rangel emphasis of their activities from reacting to YEAS—227 Boren Inslee Reyes Boswell Israel Ross crime to preventing crime and to train law Aderholt Foley Marchant Boucher Jackson (IL) Rothman enforcement officers to use such tech- Akin Forbes McCaul (TX) Boyd Jackson-Lee Roybal-Allard nologies;’’; Alexander Fortenberry McCotter Brady (PA) (TX) Ruppersberger (4) by redesignating subsections (e) Bachus Fossella McCrery Brown (OH) Jefferson Rush through (k) as subsections (c) through (i), re- Baker Foxx McHenry Brown, Corrine Johnson, E. B. Ryan (OH) spectively; Barrett (SC) Franks (AZ) McHugh Butterfield Jones (OH) Sabo Bartlett (MD) Frelinghuysen McKeon (5) in subsection (c) (as so redesignated) by Capps Kanjorski Salazar Barton (TX) Gallegly McMorris Capuano Kaptur Sa´ nchez, Linda striking ‘‘subsection (i)’’ and inserting ‘‘sub- Bass Garrett (NJ) Mica Cardin Kennedy (RI) T. section (g)’’; and Beauprez Gerlach Miller (FL) Cardoza Kildee Sanchez, Loretta (6) by adding at the end the following new Biggert Gibbons Miller (MI) Carnahan Kilpatrick (MI) Sanders subsection: Bilirakis Gilchrest Miller, Gary Carson Kind Schakowsky ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY Bishop (UT) Gillmor Moran (KS) Case Kucinich Schiff GRANTS.—Notwithstanding subsection (i), in Blackburn Gingrey Murphy Chandler Langevin Schwartz (PA) the case of a grant under subsection (a) for Blunt Gohmert Myrick Clay Lantos Scott (GA) Boehlert Goodlatte Neugebauer the purposes described in subsection (b)(4)— Cleaver Larsen (WA) Scott (VA) Boehner Granger Ney Clyburn Lee Serrano ‘‘(1) the portion of the costs of a program Bonilla Graves Northup Conyers Levin Sherman provided by that grant may not exceed 50 Bonner Green (WI) Norwood Cooper Lewis (GA) Skelton percent; Bono Gutknecht Nunes Costa Lipinski Slaughter ‘‘(2) any funds appropriated by Congress for Boozman Hall Nussle Costello Lofgren, Zoe Smith (WA) the activities of any agency of an Indian Boustany Harris Osborne Cramer Lowey Snyder tribal government or the Bureau of Indian Bradley (NH) Hart Otter Crowley Lynch Solis Brady (TX) Hastings (WA) Oxley Affairs performing law enforcement func- Cuellar Maloney Spratt Brown (SC) Hayes Paul Cummings Markey Stark tions on any Indian lands may be used to Brown-Waite, Hayworth Pearce Davis (AL) Marshall Strickland provide the non-Federal share of a matching Ginny Hefley Pence Davis (CA) Matheson Stupak requirement funded under this subsection; Burgess Hensarling Peterson (PA) Davis (FL) Matsui Tanner and Burton (IN) Herger Petri Davis (IL) McCarthy Tauscher ‘‘(3) the Attorney General may provide, in Buyer Hobson Pickering Davis (TN) McCollum (MN) Taylor (MS) the guidelines implementing this section, for Calvert Hoekstra Pitts DeFazio McDermott Thompson (CA) Camp Hostettler Platts the requirement of paragraph (1) to be DeGette McGovern Thompson (MS) Cannon Hulshof Poe Delahunt McIntyre Tierney waived or altered in the case of a recipient Cantor Hunter Pombo DeLauro McKinney Towns with a financial need for such a waiver or al- Capito Inglis (SC) Porter Dicks McNulty Udall (CO) teration.’’. Carter Issa Price (GA) Dingell Meehan Udall (NM) (b) CONFORMING AMENDMENT.—Section 1702 Castle Istook Pryce (OH) Doggett Meek (FL) Van Hollen of title I of such Act (42 U.S.C. 3796dd–1) is Chabot Jenkins Putnam Doyle Meeks (NY) Vela´ zquez amended in subsection (d)(2) by striking Chocola Jindal Radanovich Edwards Melancon Visclosky Coble Johnson (CT) Ramstad ‘‘section 1701(d)’’ and inserting ‘‘section Emanuel Menendez Wasserman Cole (OK) Johnson (IL) Regula Engel Michaud Schultz 1701(b)’’. Conaway Johnson, Sam Rehberg Eshoo Miller (NC) Waters (c) AUTHORIZATION OF APPROPRIATIONS.— Cox Jones (NC) Reichert Etheridge Miller, George Watson Section 1001(a)(11) of title I of such Act (42 Crenshaw Keller Renzi Evans Mollohan Watt U.S.C. 3793(a)(11)) is amended— Cubin Kelly Reynolds Farr Moore (KS) Waxman (1) in subparagraph (A) by striking clause Culberson Kennedy (MN) Rogers (AL) Fattah Moore (WI) Weiner (i) and all that follows through the period at Cunningham King (IA) Rogers (KY) Filner Murtha Wexler Davis (KY) King (NY) Rogers (MI) the end and inserting the following: Ford Nadler Woolsey Davis, Jo Ann Kingston Rohrabacher Frank (MA) Napolitano Wu ‘‘(i) $1,007,624,000 for fiscal year 2006; Davis, Tom Kirk Ros-Lehtinen Gonzalez Neal (MA) Wynn ‘‘(ii) $1,027,176,000 for fiscal year 2007; and Deal (GA) Kline Royce ‘‘(iii) $1,047,119,000 for fiscal year 2008.’’; DeLay Knollenberg Ryan (WI) NOT VOTING—8 and Dent Kolbe Ryun (KS) Berkley Hyde Millender- (2) in subparagraph (B)— Diaz-Balart, L. Kuhl (NY) Saxton Goode Larson (CT) McDonald (A) by striking ‘‘section 1701(f)’’ and insert- Diaz-Balart, M. LaHood Schwarz (MI) Hastings (FL) Moran (VA) Doolittle Latham Sensenbrenner Musgrave ing ‘‘section 1701(d)’’; and Drake LaTourette Sessions (B) by striking the third sentence. Dreier Leach Shadegg f Mr. GINGREY. Mr. Speaker, I yield Duncan Lewis (CA) Shaw Ehlers Lewis (KY) Shays RECESS back the balance of my time, and I Emerson Linder Sherwood move the previous question on the res- English (PA) LoBiondo Shimkus The SPEAKER pro tempore (Mr. olution. Everett Lucas Shuster SIMPSON) (during the vote). Pursuant The SPEAKER pro tempore. The Feeney Lungren, Daniel Simmons to clause 12(b) of rule I, the House will Ferguson E. Simpson question is on ordering the previous Fitzpatrick (PA) Mack Smith (NJ) stand in emergency recess subject to question. Flake Manzullo Smith (TX) the call of the Chair.

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Accordingly (at 12 o’clock and 5 min- Mr. Speaker, I just want to commend Mr. DELAY. I yield to the gentle- utes p.m.), the House stood in emer- the Capitol Police and the Sergeant at woman from California, the distin- gency recess subject to the call of the Arms Office for a job well done. We guished minority leader. Chair. were all part of that evacuation. It was b 1400 f orderly. The Capitol and the office buildings were evacuated in record Ms. PELOSI. Mr. Speaker, I, too, b 1335 time. It went relatively smoothly. I want to sing the praises of our Capitol AFTER RECESS have heard little or no complaints Police and the Sergeant at Arms Mr. Livingood for the expeditious manner The recess having expired, the House about the evacuation. in which the Capitol was evacuated was called to order by the Speaker pro I also want to especially commend the employees of this House, those in earlier today. Thank heavens it was tempore (Mr. SIMPSON) at 1 o’clock and not necessary; better safe than sorry. 35 minutes p.m. the office buildings as well as in the Capitol. Everybody evacuated quickly But I think that the evacuation took f and calmly, and it was a very good op- place with dignity in record time and PROVIDING FOR CONSIDERATION eration. with respect for all in the Capitol, not OF H.R. 1279, GANG DETERRENCE It is unfortunate that we have to live only the Members of Congress but, very AND COMMUNITY PROTECTION in these times where we have to evac- importantly, the tourists who are here, ACT OF 2005 uate the Capitol complex; but we are our visitors, the press who covers us, very pleased and proud of the Capitol The SPEAKER pro tempore. The our employees who work here in the Police, of their orderliness under very House is continuing the vote on order- Capitol and the office buildings and, of extreme conditions, their politeness ing the previous question on House course, the Capitol Police. and their calmness and reserve in the Resolution 268. Members will have 15 Thank you to the Capitol Police. Be- way they evacuated these buildings. additional minutes to continue to cause of you, Americans or people vis- From a personal note, as I was going iting from overseas can come to this record votes on this question. Members out of the Capitol complex, the Capitol who previously recorded their votes Capitol because of your courage with Police were on station and were de- the confidence that they will be safe. may confirm their votes during this pe- ployed in a very professional manner. riod. Because of you, this evacuation was They were acting in a very professional conducted in a manner of full coopera- This 15-minute vote on ordering the manner and moved people along in a previous question will be followed by a tion from all who participated. Because very rapid manner. So in the event of their confidence in you, when you 5-minute vote on adoption of the reso- that we do have a catastrophe, many lution, if ordered. gave the signal, everyone moved ex- lives would be saved; and we greatly actly the way you wanted them to. b 1353 appreciate that. Mr. Speaker, I would also like to add I also want to say as a side note, Mr. Messrs. WYNN, CUMMINGS and DIN- my appreciation to our national secu- Speaker, that a lot of times we treat GELL and Ms. LORETTA SANCHEZ of rity apparatus and all that that in- these Capitol Police as furniture. Be- California changed their vote from volves, for having those airplanes in cause they are so good at their job, we ‘‘yea’’ to ‘‘nay.’’ the air immediately to escort that often do not notice them. I would hope So the previous question was ordered. Cessna to another place. We do not that Members of the House and em- The result of the vote was announced know the full story about it, or I do not ployees of the House would congratu- anyway, yet, but I do think that they as above recorded. late each and every officer that they The SPEAKER. The question is on are to be commended for the speed with may come across over the next few which they made us safe. the resolution. days and thank them for the good job This Capitol is a symbol of freedom The resolution was agreed to. that they have done. They deserve it. throughout the world. And today, I A motion to reconsider was laid on We appreciate their protection, and we think that the balance between free- the table. appreciate their professionalism. f Mr. Speaker, I feel much safer in the dom and security was well-dem- onstrated, and certainly that was be- COMMENDING THE U.S. CAPITOL hands of the Capitol Police today than I did yesterday, and I greatly appre- cause, again, of the professionalism, as POLICE AND SERGEANT AT our colleague said, and the courage of ARMS OFFICE ciate them. I also have to point out that there the Capitol Police, Mr. Livingood and (Mr. DELAY asked and was given per- are Capitol Police that are stationed in our national security apparatus. mission to address the House for 1 this building even in the event of a ca- With that, Mr. Speaker, I know that minute and to revise and extend his re- tastrophe, and they showed great cour- the gentleman from Illinois (Mr. marks.) age to stand their posts, knowing that HASTERT) shares our views; I do not Mr. DELAY. Mr. Speaker, as we all something bad may happen to this know if he can even speak from the now know, a short time ago a small building or the office buildings. They chair, but I have heard the gentleman aircraft invaded the National Capital do not leave the building. That is in- express his appreciation individually air space. The command structure for credible courage that we should honor, and personally to them, too, and I want both the U.S. Capitol and the White and we appreciate that courage and to add my voice to that. House tracked this plane before mak- that honor. You have to extend that to Mr. DELAY. Mr. Speaker, reclaiming ing a decision to evacuate the Capitol their families, because their families my time, I appreciate the words of the complex at approximately 12:04 p.m. also know that they are standing in Minority Leader, and she is absolutely At the time of the evacuation, Mr. this building with an eventual catas- right on. I just would finish by saying, Speaker, the House of Representatives trophe coming and standing their posts people need to realize, because there was in the midst of a roll call vote and like the courageous men and women are already critics on television, it is the House Chamber was ordered cleared that they are. amazing; but people need to realize in the middle of that vote. In addition So we greatly appreciate what they that very serious decisions have to be to the Members of the House, the Cap- have done, the way they have protected made in times like these: A decision to itol was filled with a number of foreign the buildings and, most importantly, scramble the jets, a decision to shoot dignitaries, tourists, certainly staff the people that work in these build- the flares, a decision to shoot the plane and congressional pages. The Capitol ings. You just cannot say enough for down or not and a decision to evacuate Police led a rapid, yet orderly, evacu- how the House appreciates their serv- the building when that plane is only 3 ation for all of these people, as well as ice. to 4 minutes away from this building. those who were in the House office Ms. PELOSI. Mr. Speaker, will the Those are very critical decisions that buildings. gentleman yield? have to be made, and we appreciate the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9165 people that have made those decisions many of which are now international and by that, I mean the brave men and and made them properly and protected in scope. They are dedicated to enrich- women who are on the streets every the lives and property of the Capitol. ing themselves through criminal activ- day putting their lives on the line to f ity and terrorizing our communities. fight the gang epidemic in our country. The law-abiding public and State and Since this measure was introduced, we GENERAL LEAVE local law enforcement have sent us a have received strong letters of support Mr. SENSENBRENNER. Mr. Speak- strong message: Act now and stop the from organizations representing State er, I ask unanimous consent that all scourge of violence in our commu- and local law enforcement agencies Members may have 5 legislative days nities. across our country, including the Fra- within which to revise and extend their This legislation has four broad and ternal Order of Police, the National remarks and include extraneous mate- significant purposes. First, the bill au- Sheriffs Association, the National As- rial on H.R. 1279 to be considered short- thorizes the creation of anti-gang task sociation of Police Officers, the Na- ly. forces that will bring together Federal, tional Latino Peace Officers Associa- The SPEAKER. Is there objection to State and local law enforcement to tion, the National Troopers Coalition, the request of the gentleman from Wis- conduct complex and significant gang the Major County Chief Association, consin? prosecutions and provide a national in- the Law Enforcement Alliance of There was no objection. frastructure for the sharing of gang in- America, the Association For Los An- f formation nationwide. Second, the bill geles Deputy Sheriffs, the District At- creates a new gang crime statute, akin torney for New Orleans, the California GANG DETERRENCE AND COMMU- to the RICO statute, that addresses Gang Investigators Association and the NITY PROTECTION ACT OF 2005 specific techniques and criminal strat- International Union of Police Associa- The SPEAKER. Pursuant to House egies used by the gangs. Third, the bill tions. Resolution 268 and rule XVIII, the increases penalties and clarifies several When law enforcement speaks with Chair declares the House in the Com- existing statutes for crimes typically such a clear and unanimous voice, we mittee of the Whole House on the State committed by gangs. Fourth, the bill have a duty to listen, to act now and to of the Union for the consideration of adopts a limited measure to permit give their members the tools and re- the bill, H.R. 1279. Federal prosecutors to charge 16- and sources they need to fight and win this battle on behalf of America’s law-abid- b 1403 17-year-olds in Federal court without going through a lengthy and outdated ing citizens. IN THE COMMITTEE OF THE WHOLE transfer procedure. Current law has I want to thank my two colleagues, Accordingly, the House resolved hindered law enforcement efforts to in- the gentleman from Virginia (Mr. itself into the Committee of the Whole capacitate violent 16- and 17-year-old FORBES) and the gentleman from Vir- House on the State of the Union for the gang members in aggravated crimes of ginia (Mr. WOLF) for their strong and consideration of the bill (H.R. 1279) to violence. committed leadership on this issue. amend title 18, United States Code, to I would like to underscore one impor- They have dedicated both time and ef- reduce violent gang crime and protect tant aspect of this bill. It adopts new fort to H.R. 1279 and should be com- law-abiding citizens and communities mandatory minimum penalties that ad- mended for their focus on combating from violent criminals, and for other dress the seriousness of violent crimes this disturbing national trend. I urge my colleagues to support this purposes, with Mrs. MILLER of Michi- committed by gang members. For kid- vital public safety legislation. Tough, gan in the chair. napping, maiming and aggravated sex- determinate sentencing policies have The Clerk read the title of the bill. ual abuse, gang members will be sub- worked to reduce crime in the last 20 The CHAIRMAN. Pursuant to the ject to a 30-year mandatory minimum. years, and now, we are facing a new rule, the bill is considered as having For assaults resulting in serious bodily challenge. Gang violence is a growing been read the first time. injury; that is, nearly killing or perma- Under the rule, the gentleman from national scourge that requires a tough nently disabling a person, gang mem- and measured response. Stiff penalties Wisconsin (Mr. SENSENBRENNER) and bers will face a mandatory minimum of the gentleman from Virginia (Mr. and additional resources to law en- 20 years, and for all other gang crimes, forcement will send a clear and unmis- SCOTT) each will control 30 minutes. gang members will face a 10-year man- The Chair recognizes the gentleman takable message to the violent crimi- datory minimum penalty. nal gang members that their conduct from Wisconsin (Mr. SENSENBRENNER). The mandatory minimums contained will no longer be tolerated. Mr. SENSENBRENNER. Madam in this legislation are carefully tai- I urge my colleagues to support this Chairman, I yield myself such time as lored to deter and disrupt violent gang legislation. I may consume. activity as swiftly as possible. These Madam Chairman, I reserve the bal- Madam Chairman, I rise in support of mandatory minimum penalties reflect ance of my time. H.R. 1279, the Gang Deterrence and Congress’s duty to ensure that violent Mr. SCOTT of Virginia. Madam Community Protection Act of 2005. gang members are consistently and Chairman, I rise in opposition to the This bill is a forward-looking and com- fairly incarcerated. Further, prosecu- bill, and I yield myself such time as I prehensive approach to a growing na- tors and law enforcement will tell you may consume. tional threat: violent and vicious that in the absence of mandatory Madam Chairman, it is unfortunate criminal gangs in our communities. guidelines, such penalties are the only that we are again debating how to re- According to the last National Youth way to secure the cooperation of lower- duce juvenile crime and violence. Rath- Gang Survey, there are now between level gang members who have critical er than following through on the prov- 750,000 and 850,000 gang members in our information about the tightly-knit en crime and violence prevention tech- country. Every city in the country gang structure and gang crimes to tes- niques that work, we are back to with a population of 250,000 or more has tify and cooperate against higher-level tough-talking sound byte policies that reported gang activity. There are over gang members who typically insulate have been proven to not only fail to re- 25,000 gangs in more than 3,000 jurisdic- themselves from the day-to-day crimi- duce crime but actually increase tions in the United States. nal activity. Gang members who wish crime, waste taxpayers’ money and dis- Criminal gangs are no longer just a to avoid the mandatory minimum pen- criminate against minorities. Seven local problem. In recent years, gangs alty can do so by freely and willingly years ago, it was the Violent Youth have become nationally-organized deciding to cooperate against other Predator Act. Now it is the ‘‘Gang criminal syndicates. They are dis- gang members. Busters’’ bill, with the same array of ciplined criminal enterprises with lead- Madam Chairman, I wish to take a poll-tested sound bytes: trying more ers, managers and employees, with minute to underscore the support for juveniles as adults and mandatory min- training and structured associations, this measure from law enforcement, imum sentences. The bill includes

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9166 CONGRESSIONAL RECORD—HOUSE May 11, 2005 mandatory life or death penalties, even add to that disparity. And for what? A prosecution and incarceration. Instead, for unintentional acts. long line of studies conducted by the almost $400 million in the bill will go This bill is in no way like the bill we Department of Justice and crime re- to the Federal prosecutors and possibly developed a few years ago on a bipar- searchers have consistently told us billions to locking up people under the tisan basis to address youth crime and that treating more juveniles as adults long mandatory minimum sentences. violence following the dark days fol- will increase crime and violence. Madam Chairman, we have a choice lowing the Columbine school shootings. b 1415 in crime policy. We can play politics, That bill was cosponsored by all of the or we can reduce crime. And we know members of the Subcommittee on The Coalition of Juvenile Justice what to do to reduce crime. All the re- Crime and was based on combined wis- study, ‘‘Childhood on Trial,’’ coinciden- searchers have told us. In fact, a few dom and expertise of law enforcement, tally released the same day as this bill weeks ago I met with some students at juvenile court judges, administrators, was introduced, covers thousands of Monument High School in South Bos- researchers, criminologists and juve- cases over a long period of time and ton, Massachusetts, and I told them nile justice advocates along with the confirmed that adult treatment of about this upcoming hearing we were entire political spectrum. more juveniles increases crime and vio- having on the gang bill, and I asked All of the Hastert-Gephardt Task lence and is discriminatory in its appli- them what did they think needed to be Force members called witnesses to let cation. That is primarily because if the done to keep kids out of gangs. They us know what we should do to reduce judge finds a person guilty in adult said, kids join gangs for reputation, crime and violence amongst juveniles. court, his only possibilities are lock protection, to feel wanted, to have Not a single one of those witnesses said the child up with adults or let them friends, and to get money. And what is we needed to add more Federal manda- walk on probation or parole. If they get needed to prevent them from joining tory minimum sentences. Not one men- locked up with adults, they will obvi- gangs was ample recreation for boys as tioned the death penalty. Not one said ously come out worse than they went well as girls, jobs and internships for anything about trying more juveniles in. And so the studies show that if we training and money, and assistance to as adults. Not one. The fully bipartisan increase the number of juveniles tried allow their families to live in decent bill we developed from recommenda- as adults we will not only increase homes. tions of those experts was full of col- crime, but we will increase violent Recently, I met with law enforce- laborative efforts between Federal, crime. ment officials in my district, and they State, and local officials aimed at ad- Now, this bill not only includes pro- had similar advice. Neither group said dressing the problems caused by young visions to try more juveniles as adults. anything about the need for more man- people and addressing them early, fo- It also includes more mandatory mini- datory minimums, trying more juve- cused on prevention and keeping them mums. We know from all of the cred- niles as adults, or new death penalties. out of trouble to begin with. And when ible research, mandatory minimum None of them asked us to waste money they first get in trouble, intervene sentences are the most costly and least on these programs. early and provide sufficient sanctions effective way to address crime. As com- But we took their advice a few years and services to get them back on the pared to intelligent approaches, like ago and actually started the process straight and narrow. Further, if they having the worst offenders get the for doing what was necessary to reduce do come back, hit them with graduated most time and lesser offenders get less crime: prevention and early interven- sanctions and services to the extent re- time, or drug treatment for drug-ad- tion. But we did not finish the job of quired to address the problem, includ- dicted offenders, mandatory minimum funding the programs. We should fund ing keeping them away from or getting sentences have been shown to waste juvenile justice prevention programs, them out of gang activities. At that money and discriminate against mi- early intervention programs, and local time, as now, we can try juveniles as norities. That is why the Federal Judi- law enforcement instead of passing this adults as early as 13-years old and sen- cial Conference has told us time and bill. tence them with harsh sentences when time again that mandatory minimum Madam Chairman, I reserve the bal- they commit serious, violent offenses, sentences violate common sense. ance of my time. both at the Federal as well as the State We also know that the death penalty Mr. SENSENBRENNER. Madam level. is not only flawed, but is disproportion- Chairman, I yield 4 minutes to the So make no mistake about it: The ately applied to minorities and the principal author of this bill, the gen- children affected by this bill will be poor. It also does not reduce crime. tleman from Virginia (Mr. FORBES). those children whose roles in gang Some 199 people have been freed from Mr. FORBES. Madam Chairman, I crimes are minor or fringe, because we Death Row over the last 10 years be- want to thank the gentleman from are already trying youth who commit cause they were innocent of the crimes Wisconsin (Chairman SENSENBRENNER) serious violent offenses as adults and for which they received the death pen- for his leadership in this area and for locking them up for long periods of alty. Now, until we fund the innocence bringing this bill to the floor. time. It is the lesser offenders, the chil- protection provisions we passed last I rise today in support of this bipar- dren who get in fist fights, committing year, we should not be passing new tisan bill, H.R. 1279, the Gang Deter- misdemeanors, who will be subject to death penalties. rence and Community Protection Act the 10-year, mandatory minimum num- But unfortunately, despite all of our of 2005. And in the limited time that I bers in this bill. Those who commit agreement and progress, we have failed have, I just want to raise three points. murder or rape or chop off hands with in the most important aspect of our The first point is that throughout the machetes or even conspire to do that prior work, and that is to provide ade- debate today, you will hear two dif- are already subject to life sentences. quate funding for the initiatives that ferent worlds described about gangs. So the 10-year mandatory minimums we passed. The most money we have One world they will describe in gangs will be the friends who get in fights. ever been able to get appropriated for will be talking about antisocial behav- Madam Chairman, we already lock up the juvenile justice bills was $55 mil- ior and fist fights. If you think that is more people than anywhere on earth: lion a year, about one-tenth of what what we are concerned about with 714 per 100,000, way above whatever is was necessary. We are, in fact, cutting gangs, then we should not be here in second place, way above the national funding for these programs in our today at all talking about this bill. average of 100 per 100,000. In fact, budget, and also cutting money for But the true world, when you talk whereas there is 1 out of 63 white youth local law enforcement. And this bill about gangs, are that you are having a 25- to 29-years old in jail today, we lock provides nothing for prevention, noth- rise in gangs in the United States up one out of every 8 African-American ing for early intervention, and vir- where today, as we debate this bill, youth in jail today. This bill, with all tually nothing in the bill goes to local there are between 750,000 and 850,000 of its discriminatory policies, will only law enforcement. It all goes to Federal gang members within our borders. If it

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9167 was a foreign army, it would be the Mr. SCOTT of Virginia. Madam stripped out of the anti-gang measure, sixth largest army in the world. And Chairman, I yield myself 1 minute just and all we are left with is the deter- these are the acts in the real gang to say, first of all, that my distin- rence. world: machete attacks, witness in- guished colleague from Virginia and I Unfortunately, Madam Chairman, timidation, extortion, murder of Fed- will be working together later this the committee leadership rejected the eral agents, rape, cutting off arms, fin- week if they try to close any military opportunity to address this national gers and individuals’ heads. bases. But on this bill we, unfortu- problem in a bipartisan fashion. In- So the second point is, why can we nately, have to disagree. stead, the majority introduced the bill not just deal with these acts with cur- First of all, Madam Chairman, mur- before us today after our bill was intro- rent State laws? Well, this chart shows der, rape, kidnapping are already ille- duced that essentially increases the just one member of one gang and all of gal in every State. Interstate gang same penalties that our bill increases, the activities that he had in traveling members can be caught by RICO and but instead via mandatory minimums. around the United States. Today, these organized crime, continuing criminal The bill also remarkably cuts out the gangs have become national and inter- enterprise, FBI is already working on bipartisan provisions devoted to ex- national in scope; and if we want to that. But this bill contains a provision panding and enhancing community- truly deal with gangs, there is only one that fist fights can subject young peo- based and law enforcement prevention way to do it: you have got to bring ple to 10-year mandatory minimums. and intervention programs targeting down the gang networks and the gang The after-school programs that have criminal street gangs, gang members, leaders. And this bill will do that. been disparaged are the kinds of things and at-risk youth. Now, our friends who are opposed to that will actually reduce gang involve- These prevention and intervention this bill say let us just deal with it ment. You can disparage them by call- provisions are largely law enforcement crime by crime and individual by indi- ing it arts and crafts for gang mem- in nature. And, Madam Chairman, I vidual. And that works if it is just an bers. But if you ask the researchers want to point out these provisions that individual committing a crime, be- what will actually make a difference, have been stripped out of my bill that cause once you get that person and put it is those after-school programs to are in the present form in this bill have them in jail, the crime stops. But when give the kids constructive things to do the support of law enforcement. Law you are talking about gangs, when you with their time. enforcement does not support removing deal with just one crime from a lower- Madam Chairman, I yield 4 minutes those from the legislation. They are tier person in that gang and you get to the gentleman from California (Mr. also part of the bipartisan bill in the that person and prosecute him, 20 dif- SCHIFF), a former prosecutor. Senate sponsored, as I mentioned, by ferent acts were never caught. And Mr. SCHIFF. Madam Chairman, in Senators HATCH, FEINSTEIN, CORNYN, when you get that one person from a February of this year, I introduced bi- GRASSLEY, and KYL. Members from gang and it is an organized effort, 20 partisan legislation with the gentle- both sides of the aisle recognize that a more spring up in their place. woman from California (Mrs. BONO), complete approach to addressing the We need a system to bring together the Gang Prevention and Effective De- problem of criminal street gangs must teams of Federal, State, and local law terrence Act of 2005. The Schiff-Bono include prevention and intervention enforcement so that we can go after bill represents a comprehensive effort that network and bring them down. measures that attack the problem at to increase gang prosecution and pre- And I would just ask you to look at a its roots. vention efforts in order to crack down Yes, we need deterrence as my bill single situation where local or State on criminal street gangs. The bill is provided. But we need prevention as law enforcement has been able to reach virtually identical to bipartisan legis- up to these national and international well. And, unfortunately, I think it is lation that was reported out of the gangs and bring down the gang net- quite clear that this body is no longer Senate Judiciary Committee in the work. in the business of legislating, but rath- The other thing that I want to say 108th Congress and has since been re- er of leveraging. The legislation before that you will see today, and we heard introduced by Senators FEINSTEIN, us today is merely an attempt to lever- it earlier, and I was absolutely shocked HATCH, KYL, CORNYN, and GRASSLEY. age the Senate. It will not come back when I heard it, but the opponents of Madam Chairman, the bipartisan in this form, and I intend to oppose it this bill literally said on the floor ear- Schiff-Bono anti-gang bill had three today in the hopes that we will get a lier this morning that giving arts and core objectives. First, it created a better bill coming back from the Sen- crafts to criminal gang members who RICO-like statute specifically tailored ate, as I am confident we will. committed violent crimes would do to street gangs in order to bring these Madam Chairman, when I took office more than the provisions of this bill, networks down in the same way we in the California State Senate, I intro- which is to lock them up and to em- bring down organized crime through duced a host of anti-crime measures as, power law enforcement to go after RICO. Second, our legislation increased indeed, I have done here. them. a host of gang and violent crime pen- At the same time, I realized then, as And I want to just say, because you alties in order to deter and punish ille- I realize now, that we also have to take hear a lot of talk about people who met gal street gangs. And finally the Schiff- steps to intervene immediately and ad- with a group of students here, or Bono bill included important funding dress juvenile crime at its roots and maybe a group of people over here, this for prevention and intervention efforts try to prevent young people from get- is a list that the chairman read out in order to attack the gang problem at ting into trouble. And this, I think, is earlier of virtually every major law en- its roots. the fundamental issue before us. We forcement organization in the United The sponsor of the bill before us can pay now, or we can pay later. A States who supports the provisions of today has spent much time on high- small amount to preventive funding this bill and realizes if we do not pass lighting the groups that have sup- that we invest now saves us a lot on this bill and bring down the gang net- ported his bill. The Schiff-Bono and the back end. works, you might as well put a big bill- Feinstein-Hatch bills are also endorsed Madam Chairman, in my home State board out that says, ‘‘Coming soon to a by these groups and a host of other law of California, when we incarcerate a ju- neighborhood near you,’’ because that enforcement organizations. With all venile, it costs us $90,000 a year. Invest- is what is going to happen with the due respect to my colleague from Vir- ing a small amount on the front end in rapid rise of these gangs. ginia on the opposite side of the aisle, time-tested and true programs that And I hope that this House will stand the most significant difference between keep kids out of trouble makes infinite up today, will vote to give law enforce- the bill I introduced prior to the bill sense, both in terms of dollars saved ment the tools they need, and that we that is now before us is that all of the and in terms of lives saved. will go after these networks and bring prevention funding in the Senate bill And my hope, Madam Chairman, be- them down. and in my own bipartisan bill has been cause my amendment to restore this

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9168 CONGRESSIONAL RECORD—HOUSE May 11, 2005 funding was not allowed by the Rules where you are trying to work your way Mr. CHABOT. Madam Chairman, I Committee, we were not allowed to put out, you deserve the right to be pro- rise in strong support of H.R. 1279, the it to my colleagues on the House floor tected. And the bill by the gentleman Gang Deterrence and Community Pro- for a vote, I hope, Madam Chairman, it from Virginia (Mr. FORBES) protects tection Act of 2005. I want to thank the comes back from the Senate in a form the poor. distinguished gentleman from Virginia that we can both support on both sides This bill protects those who are being (Mr. FORBES) for his hard work on this of the aisle. preyed upon. And I hope and I pray, on very critical issue. I also want to Mr. SENSENBRENNER. Madam behalf of Brenda Paz who was stabbed thank the chairman of the Committee Chairman, I yield myself 30 seconds. 16 times and the families that live in on the Judiciary, the gentleman from Madam Chairman, I deeply respect the Culmore and the families that live out Wisconsin (Mr. SENSENBRENNER) for his arguments that have been advanced by in L.A. and the families that live in leadership in this area as well. the gentleman from California (Mr. Houston, and the families that live Gang violence is taking over too SCHIFF). He put forth his proposal in throughout the State of Virginia that many of our communities. What was committee, and it was defeated on a are suffering with this, that this bill once thought to be an urban problem rollcall vote of 3 ayes to 22 noes. So the passes overwhelmingly and goes on to has now moved into many suburban Schiff proposal did not even carry a the Senate, and they pass it so we can and even rural areas, leaving virtually majority of the Democratic members finally get relief, not for the wealthy every community and every child in in the committee, let alone the Repub- but for those who live in Culmore and them vulnerable. Sadly, too many chil- lican members. the inner city, who, up until this time, dren are turning their backs on bene- Madam Chairman, I yield 4 minutes have been forgotten by this institution. ficial extra-curricular activities and Finally, with the Forbes bill, this to the gentleman from Virginia (Mr. turning to the world of guns and drugs WOLF), who is also a sponsor of this will do more to help them. Mr. SCOTT of Virginia. Madam and violent activity in order to gain bill. Chairman, I yield myself 30 seconds. entry into or move up or just maintain Mr. WOLF. Madam Chairman, let me If the bill passes or does not pass, it status in a gang. begin by thanking the gentleman from will still be illegal to stab someone 16 In order to gain entry into these Virginia (Mr. FORBES) for doing this. times. What we ought to be looking at things, this legislation is absolutely And every Member of this House on are the kinds of initiatives that will re- critical. And for those who have avoid- both sides should thank the gentleman. duce the chances that that will happen ed being seduced by gang life, they are And I thank the chairman and the staff again. too often held hostage in their homes of the Judiciary Committee for moving Giving a 10-year mandatory min- for fear of being the next victim or the this legislation. imum for a second offense fist fight is unfortunate one who may witness a March issue of Newsweek: ‘‘They are not going to reduce the chance that gang act and who may later be called a violent force in 33 States and count- someone will be stabbed 16 times when upon to testify, and they are often ing. The most dangerous gang in Amer- you are not funding any of the pro- times in fear of their life when that ica, MS–13.’’ grams that are desperately needed to happens. They killed 10 people in Northern actually reduce juvenile crime. In my district, the first district of Virginia. And I will tell the gentleman Madam Chairman, I yield 1 minute to Ohio which includes the City of Cin- from Los Angeles, they have killed a the gentleman from California (Mr. cinnati, the 22 homicides that have oc- number of people out in your area too. SCHIFF). curred as of March put the city on pace There was a Washington Post edi- Mr. SCHIFF. Madam Chairman, I to exceed the record number, 75 homi- torial about this and a story where it thank the gentleman for yielding me cides that occurred back in 2003. Many talks about a young parent. The eldest time. of our city officials and law enforce- son, age 15, was sitting on the steps of I want to respond very briefly to the ment point toward gang activity cen- a nearby apartment with two friends chairman’s point. I have the greatest tered on drug trafficking as the source when he was gunned down. The friends respect for my chairman as well. of this increase. were wounded, but survived. The son Yes, it is true that the Feinstein- Hatch amendment that I offered in We cannot allow gangs to control our was killed almost instantly. The moth- communities. We must give law en- er remarked, we moved here to get committee did not enjoy broad support on either side of the aisle. Some on my forcement the tools to fight back. H.R. away from the gangs. 1279 would help to accomplish this in The brutality of these gangs. They side of the aisle thought the sentencing enhancements in this bipartisan legis- two ways: It would establish new took Brenda Paz, who was in the Wit- stronger gang and violent criminal ness Protection Program down to the lation were too strong and could not support it. But the other amendment, penalties as well as strengthen existing Shenandoah Valley and slashed her ones to deter the acts of violence com- throat to where her neck was cut all Madam Chairman, that I offered that would simply reinstate all the preven- monly associated with these gangs. the way almost through, and stabbed Most importantly, H.R. 1279 gives our her 16 times. tive funding, all of the proactive fund- ing in the bill, that was rejected by communities the resources to attack b 1430 every Republican member of the com- the gang problem from all levels. They prey on the poor. They prey on mittee. Not a single GOP member of H.R. 1279 ensures that local State and the poor in the inner cities. They prey the Committee on the Judiciary would national law enforcement work to- on the poor in Culmore. I have said, the support the prevention funding in com- gether to stop gangs and to make our people of Culmore and the people of the mittee. And we do not have the ability communities finally safe as they ought inner city have just as much right to to raise that issue on the House floor. to be. Our communities cannot fight live in the upscale neighborhoods It is my earnest hope, however, that gangs alone. where they may not be. in conference with the Senate, which I I would strongly urge my colleagues This is a good bill. And when we pro- hope will insist that we not only have to support this important piece of leg- tect the most vulnerable in our soci- a back-end strategy for dealing with islation to ensure that we have a co- ety, we protect everybody. I have the crime problem of gangs but that we ordinated effort in all levels of govern- talked to the community in different have a front-end strategy as well and ment. I want to again thank the gen- areas of my district and in Culmore that we will have the chance to address tleman from Virginia (Mr. FORBES) for through this region. They live in fear. this again in conference committee, his leadership in this area. And I say whether you have been in and that funding will be restored. Mr. SCOTT of Virginia. Madam this country for 50 years and are Mr. SENSENBRENNER. Madam Chairman, I yield 2 minutes to the gen- wealthy or whether you have been here Chairman, I yield 3 minutes to the gen- tleman from South Carolina (Mr. ING- for 50 hours and you live in an area tleman from Ohio (Mr. CHABOT). LIS).

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9169 Mr. INGLIS of South Carolina. adults is a good idea, because, in our talk about the importance of interven- Madam Chairman, I thank the gen- country, victims continue to be dis- tion on gang and juvenile crime activi- tleman for yielding me time. criminated against based on the age of ties. In fact, out of that came a legisla- I rise reluctantly because rarely do I offenders. Those days need to end, espe- tive initiative, the aspect that I oppose a majority bill. In this case, cially with gang members. worked on was mental health interven- however, as I expressed in the Com- This is an important issue. tion, mental health treatment, which mittee on the Judiciary, I think there I, too, like the previous speakers are we found to be very effective. are three problems with the bill: First, concerned about whether this is a In fact, during that time, my late it federalizes State crimes. Second, it States’ rights issue or not. But gangs colleague, a very committed former spends too much money. Third, it has cross State lines. No longer are they Senator Paul Wellstone, who we trag- mandatory minimums. just a local terrorist community. And ically lost in an airplane crash, came I voted for mandatory minimums a they are terrorists, Madam Chairman. to my district and visited the juvenile number of times in my previous time We, at this time, are engaged in a war detention centers. We saw the sadness in Congress, and then I had 6 years out, against international terrorists. We and the plight of those young men. six years out to talk with people in the need to be concerned about the street Some, yes, had perpetrated heinous community, to talk with judges. And terrorists who roam our neighborhoods acts, and they were detained, or they during that time, I became very un- and commit violent crimes in the name were incarcerated. But we also saw the comfortable with our approach about of some type of gang. hopeless and those who did not have a mandatory minimums. A specific powerful enemy to the good family situation, those who had We have sentencing guidelines. The United States is the MS–13 gang. We no intervention, those who were not idea of those guidelines is to have a co- need to be concerned about them be- given the kind of educational structure herent system of sentencing, some cause they are a terrorist group. They that they needed. method of figuring out how heinous are gang members. So the first duty of This legislation unfortunately does one crime is compared to another. And government is to protect its citizens. not meet that balance-comprehensive then Congress comes along and slaps We do that abroad. We need to do it test. For example, something that I on mandatory minimums on top of against those street terrorists that live find particularly troubling is the provi- that framework, doing violence to the among us. sion that the Attorney General can framework of a sentencing guideline I support this bill. charge a juvenile 16-years old or older system. I think it is a mistake. Mr. SCOTT of Virginia. Madam as an adult for certain violent crimes Like I say, I voted for them in the Chairman, I yield 41⁄2 minutes to the and prohibits judicial review of the At- past. I will not do it again. I am in- gentlewoman from Texas (Ms. JACK- torney General’s decision. clined to say, let us have a sentencing SON-LEE). This is not to suggest that that deci- guideline system that works. Let us Ms. JACKSON-LEE of Texas. Madam sion might not be confirmed or af- not, because of some political consider- Chairman, I thank the distinguished firmed, but here we are talking about a ations, rise and go after say crack co- gentleman for yielding me time. 16-year old, and we do not know the caine as opposed to powdered cocaine I rise to acknowledge, Madam Chair- circumstances of that violent act, the and end up with perverse results, which man, that gang violence poses a prob- previous history of this 16-year old, and is somebody rotting in jail because lem in America. Coming from the com- the Attorney General does not get sub- they smoked the wrong kind of co- munity that I come from in Houston, jected to the checks and balances of caine. It is an unjust result. It is some- we have had some tough times with that the Constitution allows us to thing we should resolve in this body to gang activities, and we have been suc- have, which is judicial review of that avoid. cessful in eliminating or steering kind of difficult decision. I think we have an opportunity to young people away from that gang vio- I cannot imagine, Madam Chairman, improve this bill. I will be supporting lence. that we would have a bill that would some of the amendments the gen- Just recently, of course, as the rank- not have those kind of protections. tleman from Virginia (Mr. SCOTT) will ing member on the Subcommittee on I had an amendment that was not be offering. It is another opportunity Immigration, we have had hearings on made in order in particular that dealt to try to improve it. the MS–13 gangs. And I reached out to specifically with the question of illegal I appreciate the gentleman yielding my community in Houston to deter- transfer of a firearm to any individual me time. mine the influx of those gangs. Those the Federal Government had des- Mr. SENSENBRENNER. Madam gangs are particularly focused in South ignated as a suspected or known gang Chairman, I yield 2 minutes to the gen- and Central America. Many of the indi- member or a terrorist. It established a tleman from Texas (Mr. POE). viduals are undocumented aliens that system whereby any individual inad- Mr. POE. Madam Chairman, I spent become engaged in that activity in vertently included on the gang terror 22 years as a judge in Texas trying California and places along the border. watch list may have his or her name criminal cases, felonies; 22,000 felony So I believe that we should have a removed. So there is a question of mis- cases came through my court. They comprehensive approach and look at taken identity. There is a question of a dealt with everything from major theft this particular crisis, but at the same big sweep and adding people’s names to to capital murder cases. And a lot of time, when I say comprehensive, I the list. those cases were gang cases. And the would suggest balanced. We saw that with the Pakistani reg- people in this country who believe and The concern I have of H.R. 1279 is istration lists after 9/11. Sweeping up think that gangs are not a problem are that the bill and the legislative ap- large numbers of people from the Paki- sorely mistaken. proach is not balanced. From the early stani community, and as I understand, It was the action operative of the time of my career, I recall that we not one single person on that list was gangs in the Houston area to use juve- have on the Committee on the Judici- found to be a terrorist. And it was niles to commit serious crimes, violent ary reached out, those of us who were stopped when the Members of Congress crimes, because those very juveniles Democrats to reach out on this ques- raised their voices. and these gang leaders knew that juve- tion of intervention. In fact, the first The mandatory sentencing, and I am niles would be treated differently, as term that I was here, we did a national delighted of the position of the gen- they were. These gangs would almost tour, if you will, national meetings of tleman from South Carolina (Mr. ING- laugh at the criminal justice system the Subcommittee on Crime. LIS), I think that this Congress should because the juveniles would not face My colleague who is now the ranking address that separately. And I have, in the same type of punishment as adults. member joined me on that, the gen- fact, written bills that have enhanced This portion of the bill that treats tleman from Virginia (Mr. SCOTT), sentencing on particular notorious or juveniles in some cases the same as where we traveled across the Nation to vicious acts.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9170 CONGRESSIONAL RECORD—HOUSE May 11, 2005 b 1445 As the Judicial Conference of the United courts when a juvenile has committed an act, I think that is appropriate; but a States aptly suggests, Section 115 ‘‘could re- which if committed by an adult, would be a fel- blanket, mandatory sentencing that sult in the federal prosecution of juveniles for ony. If this section is allowed to remain in the does not deal with the fact that you myriad offenses.’’ Equally alarming, the legis- bill, more children will become hardened crimi- are looking at juveniles, some U.S. lation removes the current prerequisite that the nals after being tried in federal court and in- citizens, some not, really begs the transferred child have a prior conviction for an carcerated in adult prisons. Currently under question. offense that would be a serious violent felony federal law, when the government rec- So if we are going to look at ter- if committed by an adult. Thus, a prosecutor ommends trying a juvenile as an adult in fed- rorism, we are going to look at gang could unilaterally decide to transfer a youthful eral court various factors must be considered activity, we have to realize that still offender with no prior criminal record who by the court before deciding whether the crimi- children are involved; and we must commits a simple drug trafficking offense, with nal prosecution of a young person is in the in- have this comprehensive approach, be- no judicial review of whether such transfer terest of justice. These factors include the cause we are already known as the serves the interests of justice. Moreover, a age, social background, and the intellectual world power with the largest number of move toward federal prosecution causes us development and psychological maturity of the Americans and others incarcerated. great concern because as the Judicial Con- child. Yes, incarcerate those who have been ference acknowledges, ‘‘juvenile offenders re- The decision by a prosecutor to try a juve- tried and convicted fairly for heinous quire different and perhaps more extensive nile as an adult cannot be reviewed by a acts and other acts; but we have a correctional and rehabilitative programs than judge under this legislation. This unreviewable record of incarcerating people for long, adults and there is not a single, federal correc- process of transferring youth to adult federal long years way beyond the time that it tional facility to meet these needs.’’ court is particularly troubling when juveniles does anything other than pack the H.R. 1279 simply takes the wrong approach. are not routinely prosecuted in the federal sys- prisons and deny families of their loved Instead of focusing on correctional and reha- tem and there are no resources or facilities to ones and the ability of young people to bilitative programs, it attempts to throw more address the needs of youth. be educated and to have an alternative youth in crowded adult prisons where these My third amendment would have closed a life. programs are lacking. H.R. 1279 reflects the glaring loophole which currently exists in our This bill leaves a lot to be desired, politics of crime where you come up with a federal gun laws by making it illegal to transfer and I hope we can go back to the draw- good slogan such as ‘‘the gang busters’’ bill a firearm to any individual that the federal gov- ing boards and actually fix it and have and codify it. Until H.R. 1279, the Judiciary ernment has designated as a suspected or a comprehensive approach to fighting Committee had made great progress toward known gang member or terrorist. As many of gang violence and, of course, gang in- putting aside the politics of crime in favor of you know, under current law, neither sus- volvement. sound policy in the area of juvenile justice. I pected nor actual membership in a gang or Madam Chairman, I rise today in opposition believe in fighting terrorism but not without a terrorist organization is a sufficient ground, in to the legislation before the House today, H.R. thoughtful approach. and of itself, to prevent the purchase of a dan- 1279, the Gang Deterrence and Community AMENDMENTS THAT WERE NOT MADE IN ORDER gerous firearm. In fact, according to a recently Protection Act of 2005. As Founder and Chair I would like to thank the gentleman from released GAO report, over the course of a of the Congressional Children’s Caucus, I un- Massachusetts, Mr. MCGOVERN, for his aus- nine-month span last year, a total of fifty-six doubtedly recognize the need for us to legis- tere words in support of the amendments that (56) firearm purchase attempts were made by late to create protections from the danger and I offered at the Committee on Rules yesterday individuals designated as known or suspected violence produced by gangs. However, before but were not made in order. These amend- gang members or terrorists by the federal gov- we haphazardly amend the law to add exces- ments were very substantive, as were those of ernment. sive and egregious mandatory minimums and my colleagues that were also denied debate. In forty-seven (47) of those cases, state and other penalties that apply to groups of people My first amendment would have struck Sec- federal authorities were forced to permit such or young groups of people, we must clearly tion 10 of the bill. As written in the bill, a pros- transactions to proceed because officials were define the acts that we seek to penalize. That ecutor could bring a capital case in a district unable to find any disqualifying information, is the essence of crafting law that is ‘‘narrowly that had only the most tangential connection such as a prior felony conviction or court-de- tailored’’ and that does not suffer from over- with the crime. This amendment clarifies that termined ‘mental defect’. Thus, producing a breadth. the defendant must have committed criminal situation whereby suspected or known gang This bill is unnecessary because federal activity related to the capital case in the juris- members were, and continue to be free to ob- prosecutors have statutes such as the Con- diction where the prosecutor seeks to bring tain as many guns as they desire. tinuing Criminal Enterprise (CCE) and Rack- the charge. For example, if a murder occurred Admittedly, section 114 of the underlying bill eteer Influenced and Corrupt Organizations in Massachusetts with a gun stolen from Mis- offers increased criminal penalties for the use Act (RICO) to prosecute gang crime. Recent sissippi, the homicide case could be pros- of a firearm in a gang-related crime. However, Supreme Court jurisprudence strongly sug- ecuted in Mississippi. This allows prosecutors ‘‘after the fact’’ criminal penalties are often of gests that this bill would exceed Congres- to forum shop and pick the location where little use to victims and their loved ones. And, sional authority under the Commerce Clause. they think they are most likely to be able to if we really want to curb this growing problem, H.R. 1279 unreasonably an unjustifiably re- obtain a death sentence. we have to do something to prevent these in- moves judicial review of a prosecutor’s deci- Studies of the federal death penalty show dividuals from gaining access to these dan- sion to try a youth as an adult. Current law re- that a person prosecuted in Texas is much gerous weapons in the first place. quires an in-depth review of multiple consider- more likely to be charged, tried, and sen- Madam Chairman, again, I oppose this leg- ations by a federal judge of whether such a tenced to death in a capital case than a per- islation and urge my colleagues to join me. transfer is in the interest of justice. This policy son who is prosecuted for the same crime in Mr. SENSENBRENNER. Madam is unwise and will increase federal prosecution Massachusetts. This bill will exacerbate these Chairman, I yield myself such time as of youth for minor offenses. Presently, in both geographic inequities that exist in the federal I may consume. federal and state courts, juveniles who commit death penalty system. The wide range of dis- Madam Chairman, I have been here the most serious violent crimes are almost cretion in both what to charge and where to for a number of years; and when you certain to be transferred to adult court through bring the charge will give prosecutors tremen- are against a bill, you can come up use of a judicial waiver. In effecting transfer to dous latitude to forum shop. This broad discre- with a million and one reasons why the adult court, judicial waivers, as opposed to tion will increase the racial and geographic bill should not pass. We just heard legislative or prosecutorial waivers, are the disparities already at play in the federal death some of that; but if we do not do any- most common type of waiver device used. penalty. thing, the killings are going to con- That is, the juvenile court judge decides My second amendment would have struck tinue. whether or not to waive jurisdiction to adult Section 115 of the bill which deals with the We can have a legitimate disagree- court. However, Section 115 of H.R. 1279 transfer of juveniles to adult courts. More spe- ment on mandatory minimum sen- takes the waiver decision out of the judge’s cifically, my amendment will prevent the trans- tences, but I think there are some discretion. ferring of juveniles from juvenile courts to adult crimes that are so severe and eat away

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9171 so much at the roots of our society and and strong anti-crime laws. Well, in Ms. JACKSON-LEE of Texas. Madam the fabric of our society that those who Bristol, we have the money and we Chairman, let me add to the distin- are convicted of those crimes ought to have financial resources through the guished gentleman’s commentary. be locked up and locked up for sure, be- Weed and Seed program, but what we First of all, in the passage of the PA- cause only with a certain jail term are need are strong laws. H.R. 1279 is the TRIOT Act, if we are fearful of these we going to be able to punish those bill that would dissuade gangs from gangs smuggling individuals over who who have killed people in the most bru- taking up shop in my district. do terrorist acts, the PATRIOT Act en- tal manner and deter those who might Gang violence is an issue that must hances sentencing on those engaging in be thinking of doing it to others in our be dealt with immediately. The House terrorist acts. society. Committee on the Judiciary reports That tragic incident in Texas, for ex- I have here an April 26 story from the that over 631 gang-related homicides ample, in Houston, the information Associated Press, dateline, Houston: occurred in 2001, perpetrated by an es- suggests that the dad was involved in ‘‘Violent gang linked to nine Houston timated 750,000 active gang members. gang activity that caused the, if you area killings.’’ I am not going to read Gangs are directly linked to narcotics will, rising of the level of violence; but the whole story on the floor, but I am trade, human trafficking, identifica- the good news is that the sheriff’s de- going to read one paragraph of this tion document fraud, violent maiming, partment arrested those violent crimi- story to show that those who wish to assault and murder, and the use of fire- nals. delay this bill because it has a manda- arms to commit deadly shootings; but This bill misses the point by pro- tory minimum or because it does not the problem does not stop there. viding a comprehensive approach to do enough social work are wrong: Organized crime syndicates like the have intervention to be able to dis- ‘‘Harris County Sheriff’s investiga- ultra-violent MS–13 have reportedly suade some of the young people of tors arrested five members of Mara agreed to smuggle terrorists over our America away from the affinity and Salvatrucha,’’ which is MS–13, ‘‘in con- southern borders. This is now a home- kinship of gangs. That is why the bill nection with the shooting death of 18- land security issue. is wrong, and this is why it does not month-old Alden Naquin, who was H.R. 1279 will apply a RICO-type ap- have a full comprehensive approach. trapped in his car seat April 12 when a proach to prosecuting modern street Mr. SENSENBRENNER. Madam man opened fire on a car driven by his gangs. At the heart of this bill are pro- Chairman, I yield myself 15 seconds. Madam Chairman, I am sure that a father, Ernest Naquin.’’ visions that allow prosecutors to go social worker would have been able to I think if someone is convicted of after the gangs as an enterprise. Rath- convince the person who murdered the murdering an 18-month-old in that cir- er than trying to shoehorn such cases 18-month-old not to do it. If my col- cumstance they ought to be locked into the existing RICO statute, the new leagues believe that, vote ‘‘no.’’ If not, away for sure and for a long time. I am gang crime statute is narrowly tailored vote ‘‘yes.’’ sorry people disagree with that, but I to address the specific problem of Madam Chairman, I yield 11⁄2 minutes hope that this bill passes. gangs. Gang investigations and pros- to the gentleman from Iowa (Mr. KING). Madam Chairman, I yield 3 minutes ecutions take time and resources, and Mr. KING of Iowa. Madam Chairman, to the gentleman from Pennsylvania those resources will be provided by this I thank the esteemed chairman for (Mr. FITZPATRICK). bill. Mr. FITZPATRICK of Pennsylvania. yielding time to me, and Madam Chair- Organized crime, Madam Chairman, Madam Chairman, I thank the gen- man, I ask for this opportunity to say has been prosecuted in the same way tleman from Wisconsin for the time. a few words in support of the bill that I rise today in strong support of H.R. with long and complex trials designed is before us and in compliments to the 1279, and I commend the gentleman to take out a number of defendants in work done by the gentleman from Vir- one single prosecution, and they were from Wisconsin (Chairman SENSEN- ginia who has announced to us that successful in ending their spread. BRENNER) for his leadership in bringing there is a number, the best estimate at this bill to the floor for a vote today. Madam Chairman, let us give our po- 750,000 to 850,000, gang members in the Madam Chairman, gang violence is lice and prosecutors the freedom to end United States. on the rise across the United States. the spread of gang violence. When we think about the magnitude Areas once thought safe harbors from Mr. SCOTT of Virginia. Madam of that size number, 750,000 to 850,000, crime are now under the threat of ex- Chairman, I yield myself 1 minute. 75 to 100 percent, and a lot believe the panding gang violence. Whether this bill passes or not, mur- number is very close to 100 percent, are My district is not home to a center der, rape, robbery will be illegal. Peo- illegal immigrants who have estab- city area. It is considered a suburban ple will be prosecuted. They will get lished a gang culture in the ethnic en- area. Bucks County is a quiet pastoral time in jail. In fact, as I indicated be- clave that is a necessary result of ille- suburb of the city of Philadelphia, an fore, for 15- to 19-year-old African gal immigration. This ethnic enclave area bordered by farms to the north, Americans in this country, one out of has created and fostered some of the business centers to the south, residen- eight are already in jail today. This worst gains we have ever seen in this tial areas to the west, and the Dela- bill, which will try more juveniles as country, people that cut off hands and ware River to the east. However, the adults, will not only increase the num- arms and heads, people that have a net- majority of crime in my district takes ber in jail but will also increase the work across this Nation that from a place in a very small, concentrated crime rate. prison in California can order an execu- area. Mandatory minimums have been tion on the streets of Virginia or from But the people of Bristol, Bucks shown to be discriminatory and waste a prison in Virginia, order an execution County, are taking the lead in cleaning the taxpayers’ money. The death pen- in a prison in L.A. or on the streets of up their streets. The hard work of Don alty is discriminatory and does not do L.A. Billingsley and other neighbor leaders anything about crime. This bill will That is what this culture has fos- have made Bristol a shining example of give 10 years mandatory minimums to tered; and that amount, that 850,000, the Department of Justice’s Weed and second-offense fist fights, and that is that is roughly out of the 10 million il- Seed initiative to take back neighbor- not the kind of sentence that is going legal immigrants, that is about 81⁄2 per- hoods from crime. However, Bristol is to do anything about these violent cent of the illegal population ends up under threat from gangs migrating kinds of crimes that my colleagues are in a gang. One in 12 people that come from cities just across the river in New talking about. Ten years, mandatory across the border illegally and stay Jersey. minimum, second offense, fist fight. here end up in a gang. By these num- Madam Chairman, three things are Madam Chairman, I yield 30 seconds bers, it is an astonishing thing; and if needed to make sure gangs do not infil- to the gentlewoman from Texas (Ms. we have 1.1 million that come across trate areas like Bristol: people, money, JACKSON-LEE). the southern border, these are the ones

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9172 CONGRESSIONAL RECORD—HOUSE May 11, 2005 that stay here, calculate the numbers mount last year to see the GRIP pro- to see crime deterred more. I cannot that turn out into gangs, the price to gram in action. I saw firsthand how the think of many people who have had this society in hands and arms and program caught the attention of the more experience living in inner-city heads. students, and it was amazing how the communities, where there is a tremen- Madam Chairman, I thank my col- program engaged the students in learn- dous amount of poverty, deprivation league for this privilege to speak be- ing and how quickly they saw the dan- and pestilence. fore this House. gers in gangs. I want to see people who commit rob- Mr. SCOTT of Virginia. Madam I urge my colleagues to oppose H.R. bery, murder, rape, assaults, partici- Chairman, I yield 2 minutes to the gen- 1279 and instead work towards a com- pate in mob action, all of them dealt tlewoman from California (Ms. LINDA prehensive approach. with accordingly. And although I do T. SA´ NCHEZ), a member of the Com- Mr. SENSENBRENNER. Madam not believe in capital punishment, I do mittee on the Judiciary. Chairman, I yield 2 minutes to the gen- believe that they have to be punished. Ms. LINDA T. SA´ NCHEZ of Cali- tleman from Virginia (Mr. GOODLATTE). I do not believe that mandatory mini- fornia. Madam Chairman, I rise in op- Mr. GOODLATTE. Madam Chairman, mums, that trying more children, more position to H.R. 1279, the Gang Deter- I rise this afternoon to support H.R. teenagers as adults, or changing venues rence and Community Protection Act, 1279, the Gang Deterrence and Commu- and deciding what discretionary action because this bill fails to adequately nity Protection Act. individuals would be tried under is deter youths from joining gangs and I was pleased to work with the Com- going to solve the problem. I think does not do enough to protect our com- mittee on the Judiciary, and especially that we need to make sure that fair- munities. the gentleman from Virginia (Mr. ness is a part of justice. This bill fails to create a much-need- FORBES), my good friend, to support Mr. Chairman, this bill frightens me. ed, comprehensive approach to fighting the legislation on the floor today. It scares me. I would hope that we our national gang epidemic. Instead of According to the Justice Depart- would take it back, deal with it appro- offering funding for proven interven- ment, there are currently over 25,000 priately and bring a bill that we can tion and prevention programs that ef- gangs and over 750,000 gang members agree on that punishes those who de- fectively keep youths from joining who are active across the United serve to be punished but to dem- gangs in the first place, this punitive States. Gang activity has been directly onstrate that we understand sensi- bill simply imposes harsh and sweeping linked to the proliferation of illegal tivity and not put children in jail as mandatory minimum sentences. drugs, human trafficking, and many adults. Locking up 16-year-olds for 10 years other violent crimes. Mr. SCOTT of Virginia. Mr. Chair- will not make gang crimes disappear. The Gang Deterrence and Commu- man, I yield the balance of my time to As any law enforcement officer will nity Protection Act will authorize the gentleman from Michigan (Mr. tell my colleagues, suppression is funds for joint Federal, State, and local CONYERS), the ranking member of the merely one of the avenues by which we gang investigation prosecution; create Committee on the Judiciary. can prevent gang violence. In fact, as a statute to prosecute criminal gang Mr. CONYERS. My colleagues, this is many of my Democratic colleagues enterprises similar to the existing a measure that we should be able to have repeatedly stressed, imposing RICO statute used to prosecute Federal identify the problem, study the data, mandatory minimums on youths often racketeering; create mandatory min- and work together to craft a common- results in a greater likelihood of re- imum sentencing for gang and violent sense response to youth violence. But peat, and more violent, offenses. crimes; and fund gang investigation the measure before us has fatal flaws Prevention and intervention pro- technology to allow law enforcement which authorizes trying more juveniles grams, on the other hand, have a prov- to act more efficiently. as adults and provides for more manda- en track record of keeping kids out of Madam Chairman, many headlines of tory minimums and more death pen- gangs; but at the Committee on the Ju- late have reflected on growing gang alties. None of these things will correct diciary markup of this bill and in the problems in heavily populated areas. and reduce the youth violence problem, Committee on Rules last night, amend- Unfortunately, gang violence is also on but they will seriously harm our sys- ments to include intervention and pre- the rise in rural areas, including my tem of juvenile justice. vention programs in this bill were de- congressional district. The disturbing Now, the one thing that we should feated along party-line votes. news that it is spreading through the know before we go to a vote here is the I joined my colleagues, the gen- Shenandoah Valley of Virginia is in- organizations that have joined myself tleman from California (Mr. SCHIFF), deed disturbing. In fact, the FBI has and the gentleman from Virginia (Mr. the gentleman from California (Mr. recognized the existence of at least six SCOTT), the ranking subcommittee CARDOZA), and the gentlewoman from separate gangs in the valley, some of member, and the gentleman from Illi- California (Ms. WATSON), in submitting which are responsible for at least two nois (Mr. DAVIS), who has worked tire- an amendment to expand the Project gang-related murders in the past 2 lessly on this issue across the years Safe Neighborhoods program, to au- years. with the Congressional Black Caucus. thorize the Attorney General to make Madam Chairman, acknowledging For instance, the Judicial Conference the FBI increase Safe Streets Initia- the reality that gangs are no longer of the United States opposes this meas- tive efforts, to reauthorize the Gang limited solely to urban areas, I am ure. The Sentencing Commission op- Resistance Education and Training pleased to join my colleagues to sup- poses this measure; the Alliance for Projects program and, more impor- port this gangbusters legislation. This Children and Families, the Children’s tantly, to double-funding for high-in- legislation will allow us to meet the in- Defense Fund, the Youth Law Center, tensity interstate gang activity areas crease in gang activity with resources the American Civil Liberties Union, and require half of those funds to go to sufficient to combat this scourge in our the American Correctional Associa- community-based anti-gang programs. communities, and I urge my colleagues tion, the Chamber of Commerce, the I know from personal knowledge that to support this important legislation. National Federation of Independent our amendment would have reduced Businesses, the National Council of La gang activity nationwide because I b 1500 Raza, the Presbyterian Church, and the have seen community-based programs Mr. SCOTT of Virginia. Mr. Chair- Volunteers of America. work in my very own district. man, I yield 2 minutes to the gen- And let me tell my colleagues why The Gang Resistance in Paramount, tleman from Illinois (Mr. DAVIS). these groups oppose this legislation. or GRIP, program has been educating Mr. DAVIS of Illinois. Mr. Chairman, Because, first, they know that trying kids about the dangers of gang partici- I cannot think of anybody who would children as adults and transferring pation for years. I spent some time in- want to see gangs deterred more. I can- them to adult jails not only does not side a fourth grade class inside of Para- not think of anybody who would want work, but it makes the situation more

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9173 likely that they will commit crimes in our society. We have done so and and impose mandatory minimum sentences. upon release. There are studies that must continue to do so. This bill does The research conclusively shows that pros- back this up; that they will commit that. ecuting young people as adults does not re- violent crimes upon release, and they When we talk about spending more duce youth crime. If Congress is serious about will commit crimes sooner upon re- on prevention, consider these facts: reducing youth violence, it should fund evi- lease. The Miami Herald study con- Conservative estimates show that the dence-based programs that have proven ef- cluded that, since adult prisons are, in Department of Justice has already fective. effect, often crime schools, sending a spent over $2 billion, that is with a Federal prosecutors are already armed with juvenile there increases by 35 percent ‘‘B,’’ of the taxpayers’ dollars between the Continuing Criminal Enterprise, CCE, and the odds that they will commit another fiscal years 2001 through 2004 on juve- Racketeer Influences and Corrupt Organiza- offense within a year of release. nile and gang prevention programs. tion Act, RICO, statutes to combat gang Secondly, we know that mandatory From fiscal year 1999 through fiscal crimes. This bill would unnecessarily fed- minimums distort the sentencing proc- year 2005, Congress has appropriated eralize a host of crimes currently and com- ess because the Judicial Conference $3.3 billion of the taxpayers’ dollars for petently handled by the states; penalize even and the Sentencing Commission have juvenile justice programs within the non-violent crimes and misdemeanors as found that mandatory minimums ‘‘de- Department of Justice. crimes of violence, including garden variety stroy honesty in sentencing by encour- Have they worked? This is yet to be State offenses like resisting arrest; expand aging charge and fact plea bargains.’’ proven, because juvenile gang violence without reason the definition of criminal street Again, the legislation before us ignores is on the rise. The percentage of homi- gang; unwisely leave to the sole discretion of these facts and creates numerous new cides committed by gangs has risen, the government the unreviewable decision to mandatory minimums that will lead to and the number of juveniles commit- try juveniles as adults; impose unduly harsh far greater disparities and further dis- ting gang murders has also risen. and discriminatory mandatory minimum sen- crimination. So let me say that, if $3.3 billion over tences; and expand the use of the federal At a time when we have more than the last 6 years in intervention and death penalty to new offenses. 2.1 million Americans in prisons or prevention programs has not turned I agree that gang violence and youth crimes jails, more than any Nation on the around this type of crime when other are serious concerns today. Unfortunately, this planet, and 10 percent of these individ- crime has gone down, maybe the time bill does nothing in the way of jobs or edu- uals are already serving life sentences, to throw the book at those who are en- cation for at-risk youth. Instead, this bill would it is difficult for reasonable legislators gaged in juvenile gang violence is at lock up young people in adult prisons and take to see how more jail time for more hand. That is why this bill ought to away judges’ discretion to review on a case- youth can accomplish anything con- pass. I urge the membership to vote by-case basis crimes committed by youth. Re- structive. aye. search shows that young people who are Finally, we know now that the death Mr. RUSH. Mr. Chairman, I rise against this prosecuted as adults are more likely to commit penalty system in this country is in- H.R. 1279, the Gang Deterrence and Commu- a greater number of crimes upon release than credibly prone to error. So I urge that nity Prosecution Act of 2005. I strongly believe youth who go through the juvenile justice sys- the Members of this House return this in cooperation between Federal and State law tem. Locking young people up in adult prisons measure to the Committee on the Judi- enforcement to deter gang activities. However, will actually compromise public safety. ciary. this bill takes the wrong approach by imposing We know what works to prevent violent Mr. SENSENBRENNER. Mr. Chair- mandatory sentences, trying juveniles as crime. Research demonstrates the effective- man, I yield myself the balance of my adults and expanding the death sentence to ness of focused family interventions such as time. new offenses. family therapy and multidimensional treatment Mr. Chairman, the opponents of this I, myself, can appreciate the destruction that foster care. Certain school-based interventions bill seem to zero in on two things. gang violence can impose on a community. In such as the Bullying Prevention Program and First of all, they are opposed to manda- Chicago alone, there are estimated to be the Project Towards No Drug Abuse, and tory minimum sentences. People may 70,000 to 100,000 gang members—compared careful monitoring programs such as Big have a philosophical disagreement on with about 13,000 Chicago police officers. Brothers Big Sisters of America have also mandatory minimum sentences, but it Several ‘‘super gangs’’ dominate: the Gang- proven effective. Instead of funding these pro- seems to me that given the violence of ster Disciples, the Black Disciples, the Vice grams whose empirical effectiveness can be gang activity, the number of murders, Lords, the Black P Stones, the Mickey Cobras, demonstrated, supporters of this bill insist the number of maimings, that a man- the Latin Kings, the Spanish Cobras, the Ma- upon approaches that lack any evidence of datory minimum sentence is absolutely niac Latin Disciples, and the Satan Disciples. actually deterring and reducing violent youth necessary to get these people off the Each of these gangs controlled large amounts crime. streets if the twelve persons on the of territory and have wreaked havoc on the Furthermore, state juvenile justice systems jury believe that that defendant has Chicago community. Nevertheless, prevention are more appropriate and effective means for committed those crimes beyond a rea- and intervention is the key in deterring juvenile addressing youth offenses. Studies have sonable doubt. crime and gang activities, not discriminatory shown that comprehensive, locally tailored The other thing we hear from the op- mandatory sentencing or unfettered prosecu- strategies are the most effective in preventing ponents is, they dust off the same old torial discretion. gang and youth violence. Existing state legis- tired arguments that we need more and Study after study have shown that trying ju- lation is more than adequate to comprehen- more spending on prevention programs, veniles as adults does not reduce crime but sively address youth violence—increased fed- but no one has proven they work. Let increases crime, including violent crime. In ad- eralization of juvenile crime is not the answer. us take a look at the facts. Violent dition, a better approach, as opposed to this The Judicial Conference of the United crime rates over the last 30 years have ill-advised approach, would be to focus our States, child advocacy groups, criminal justice dropped dramatically, by almost 50 per- energy on more programs for at risk youth groups, industry and business-oriented cent. At the same time, tough new de- such as Head Start, Job Corps and family fo- groups, religious, human rights and civil rights terminant sentencing schemes have cused intervention programs. Again, I rise organizations all oppose this bill. It is the re- been enacted by Congress, including against H.R. 1279, and urge my colleagues on sponsibility of Congress to the young people mandatory minimums, truth-in-sen- both sides of the aisle to do the same. of this nation and to all citizens to ensure pub- tencing programs and other sentencing Ms. SCHAKOWSKY. Mr. Chairman, I stand lic safety. I urge my colleagues to reject H.R. schemes where criminals go to jail for today in strong opposition to H.R. 1279, the 1279 because it would only exacerbate youth a specified period of time after their so-called gang Deterrence and Community violence in the United States. conviction. Prison populations have Protection Act. Despite its deceptive title, its Mr. PAUL. Mr. Chairman, the Gang Deter- grown, and crimes have gone down. The primary purpose is to punish more young peo- rence and Community Protection Act, (H.R. logic is clear. We have to incarcerate ple as adults. This bill would expand the use 1279), is the latest example of Congress dis- and incapacitate the violent criminals of the death penalty, treat juveniles as adults regarding its constitutional limitations in the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9174 CONGRESSIONAL RECORD—HOUSE May 11, 2005 name of ‘‘getting tough on crime.’’ Gang crime gang prevention and punishment programs city of Norwalk this year. My own home town is certainly a serious issue in many parts of that best meet their unique needs. of Bridgeport has faced a tough gang problem the country. However, unless criminal gangs Supporters of this bill make a good point for years. It is absolutely essential we have are engaging in counterfeiting, treason, or pi- that federal money is being wasted on ineffec- strong legislation on the books to send gang racy, the federal government has no jurisdic- tive ‘‘prevention’’ programs like the infamous members who commit violent acts into jail and tion over the criminal activities of gangs. In ‘‘midnight basketball’’ program. However, H.R. off our streets. fact, by creating new federal crimes related to 1279 in no way reduces funding for ineffective I want to stress, however, the importance of gang activities, but unrelated to one of the fed- prevention programs. Instead, it spends more prevention programs to deter our vulnerable eral crimes enumerated in the Constitution, taxpayer money on unconstitutional crime pro- youth from turning to gangs to support. The the new federal crimes and enhanced pen- grams. The sponsors of this bill could have at- mentoring program in the Norwalk Public alties in this bill usurp state and local author- tempted to stop wasting taxpayer funds on School system, which will benefit from the re- ity. programs such as midnight basketball by cent Department of Education Federal grant H.R. 1279 broadly defines ‘‘criminal street defunding such prevention programs and we secured, plays a strong role in keeping gangs’’ and ‘‘gang activity.’’ This is a major ex- using the funds to pay for the new programs kids off the streets. The bottom line is, while pansion of Federal criminal jurisdiction. Chief created by H.R. 1279. we need to make sure juvenile offenders un- Justice William H. Rehnquist and former U.S. Finally, I must oppose this bill because it ex- derstand the consequences of their actions Attorney General Ed Meese, two men who no pands the Federal death penalty. While I rec- and are punished for them, we need to make one has ever accused of being ‘‘soft on ognize that nothing in the Constitution forbids every effort to help youth who are at risk of crime,’’ have both warned that, although cre- Federal, State, or local governments from im- becoming juvenile offenders. ating more Federal crimes may make politi- posing a death penalty, I have come to the Mentoring programs designed to reduce cians feel good, it is neither constitutionally conclusion that a consistent pro-life position children’s juvenile delinquency and involve- sound nor prudent. Rehnquist has stated that, requires opposition to any legislation imposing ment in gangs and provide positive relation- ‘‘[t]he trend to federalize crimes that tradition- a Federal death penalty for unconstitutional ships to help guide them during their school ally have been handled in state courts . . . Federal crimes. Mr. Speaker, I do not advo- years are an invaluable way to break the cycle threatens to change entirely the nature of our cate Federal action to stop individual States of gang membership before it begins. Incar- federal system.’’ Meese stated that Congress’s from imposing a death penalty, I simply op- ceration will put criminals away but it won’t tendency in recent decades to make federal pose compounding the damage done by cre- save more kids from falling through the cracks crimes out of offenses that have historically ating new Federal crimes by making those and turning to a life of crime. Mr. UDALL of Colorado. Mr. Chairman, I do been state matters has dangerous implications crimes subject to a Federal death penalty. not support this bill in its current form, and both for the fair administration of justice and H.R. 1279 exceeds Congress’s constitu- must vote against it. for the principle that states are something tional authority by creating new Federal Gang violence is real and serious. And more than mere administrative districts of a crimes, thus further burdening the already there are already a wide range of Federal nation governed mainly from Washington. overwhelmed Federal judiciary system and laws on the books that can be and are used Those who want the American criminal jus- taking another step toward upending our con- to combat it. For example, Federal prosecu- tice system to actually deliver justice should stitutional system by turning the States into tors are already armed with the Continuing oppose H.R. I279 because it imposes ‘‘man- administrative districts of the Federal Govern- Criminal enterprise, CCE, and Racketeer Influ- datory minimum’’ sentences for certain gang- ment. This bill also creates unwise mandatory enced and Corrupt Organizations Act, RICO, related crimes. Mandatory minimum sentences minimum sentences, usurping the sentencing statutes. impose a ‘‘one-size-fits-all’’ formula in place of decisions of judges and juries. Finally, H.R. So, is there an urgent need to pass new the discretion of a judge, or jury, to weigh all 1279 raises serious moral issues by expand- legislation that ‘‘federalizes’’ criminal gang ac- the circumstances surrounding an individual’s ing the use of the Federal death penalty. tivity and pushes the Federal Government fur- crime and decide on an appropriate punish- Therefore, I must oppose H.R. 1279 and urge ther into law enforcement that is now being ment. Taking away judicial discretion over my colleagues to do same. handled by the states? I doubt it, and think a sentencing may represent a legislative usurpa- Mr. CANTOR. Mr. Chairman, I rise today to better approach would be to support state and tion of areas properly left to the judiciary. I express my strong support for H.R. 1279, the local law enforcement directly. have long been critical of judicial usurpation of Gang Deterrence and Community Protection I am also not convinced that it makes sense legislative functions, and have introduced leg- Act of 2005. to further expand the definition of criminal islation using Congress’s constitutional powers I have spoken with sheriffs and police chiefs street gang and to reclassify some mis- to rein in the judiciary. However, I recognize back in my district and they tell me: we need demeanors as crimes of violence, as this bill that Congress must make sure it does not to be ready; we need to learn how to confront would do, and I am particularly concerned overstep its constitutional authority by impos- these gangs. This legislation will do just that, about the provisions to establish new manda- ing legislative solutions on matters best re- it will provide local, State, and Federal law en- tory minimum sentences. solved by the judicial branch. forcement and legal authorities with personnel, Violent and dangerous people, whether Mandatory minimums almost guarantee un- equipment, and training needed to combat vio- members of gangs or not, need to be securely just sentences. Reverend Nicholas DiMarzio, lent criminal gangs. confined. But our experience with mandatory Chairman of the Domestic Policy Committee In Virginia, no urban area has gone minimum sentences shows they are ineffective of the United States Conference of Catholic unscarred by criminal gangs. Across Virginia, in preventing crime, they distort the sentencing Bishops, and Reverend Kerry Snyder, Presi- officials estimate that as many as 80 gangs to- process, and result mainly in a considerable dent of Catholic Charities USA, summed it up taling 30,000 members or more roam our city waste of taxpayers’ money. well in a letter to Congress opposing this bill: streets. I think instead of adding new Federal laws, ‘‘. . . rigid sentencing formulations could pre- The Commonwealth’s law enforcement and Congress would achieve better results by pro- vent judges from properly assessing an indi- prosecutors will now have greater resources to viding greater assistance to state and local vidual’s culpability during the crime of other combat violent criminal gang activity. We must law enforcement agencies and to prevention factors that have bearing on recidivism, thus act now, if we are to protect Virginia’s families programs which can reduce the impetus for sometimes resulting in harsh and inappro- and communities. young people to join gangs. priate sentences.’’ I urge passage of this legislation. The bill does include some provisions that I I am also concerned that removing authority Mr. SHAYS. Mr. Chairman, I rise in support support, including those that will make it easi- over the prevention and punishment of gang of H.R. 1279, which will increase the prosecu- er for law enforcement agencies to have ac- crimes from state and local jurisdictions will tion of gangs and help prevent gang-related cess to information about people who are in prevent states and localities from coming up crimes. the country illegally and are subject to depor- with innovative ways to prevent gang crimes. Gang violence is a serious problem, and we tation. However, I think that they are out- Gangs flourish for a multitude of reasons, and need to address it with determination and cre- weighed by the bill’s defects and so I will vote no federal ‘‘one-size-fits-all’’ program can ad- ativity. against this measure. dress all the causes of gang crimes. States A recent rash of gang-related violence has Mr. BLUMENAUER. Mr. Chairman, I strong- and localities should be left free to create the left four injured and one person dead in the ly believe that the United States should be

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9175 doing more to reduce violent crimes, whether much more likely to commit violent crime after over the Office of National Drug Control Pol- they are committed by gangs or individuals. I being released. Further, I am concerned that icy, I intend to thoroughly investigate the tie voted against the ‘‘Gang Deterrence and Com- H.R. 1279 provides no exception for youth between narcotrafficking and gang activity. I munity Protection Act of 2005’’ because it fails who have mental health problems and may plan to travel again to both Colombia and EI to address this problem and impairs our judi- not be competent to stand trial as adults. Salvador this month as part of this effort. cial system. H.R. 1279 increases penalties for I am happy that Congress is addressing this I also intend to meet with leaders of those non-violent crimes, while imposing mandatory issue, which has affected so many commu- countries to determine how the United States minimum sentences and expanding the death nities across New Jersey and the country. Se- can better assist their efforts to stem the flow penalty. These provisions do nothing to detour rious crimes like murder, assault, and rape at of gang members to the United States. the hands of gangs and criminal enterprises gang violence and limit judge’s ability to im- I look forward to continuing to work with my clearly deserve our attention. However, this bill pose sentences that fit the offense. Further- colleagues to address this serious challenge, proposes solutions that do nothing to deter more, the bill does not include early interven- and I again want to thank my friend Randy youth from gang membership or strengthen tion programs or other preventative programs Forbes for taking the lead on this critical as- the law enforcement presence in our commu- that could be successful in reducing gang vio- pect of our fight. lence. I am hopeful that Congress will work to nities. pass legislation that addresses the core issues I urge my colleagues to oppose H.R. 1279. Ms. SOLIS. Mr. Chairman, I rise today in behind this serious problem. Mr. TOM DAVIS of Virginia. Mr. Chairman, opposition to H.R. 1279. This punitive bill does Mr. HOLT. Mr. Chairman, I rise in opposition I rise today in support of H.R. 1279, ‘‘The nothing to help fight and deter the root of the to H.R. 1279, the gang Deterrence and Com- Gang Deterrence and Community Protection gang problem plaguing our neighborhoods. I munity Protection Act. I am disappointed that Act of 2005.’’ represent communities that are afflicted with the majority has chosen to address a very se- Northern Virginia is home to large Central gang violence, and I know first hand the suf- rious problem with unrealistic and potentially American and Asian populations. I believe fering that families have to go through as a re- damaging solutions. these groups bring a diversity and work ethic sult. I support a combined approach to the Gang activity is a very real and dangerous that enhances and benefits our region. Our di- gang problem that encourages prevention, problem. In my own district, gangs pose a se- versity is one of our strengths. intervention and suppression. vere threat to the youth in many communities. Unfortunately, we have become increasingly This bill is filled with criminal sanctions that Just yesterday, I spoke at length with a con- aware of the gang element that sometimes at- would only help exacerbate the gang problem. stituent whose son has suffered permanent tends these communities, and we are now The legislation would federalize a host of and irreversible brain injury from a beating at fighting the spread of violent gang activity here crimes currently and competently handled by the hands of a local gang. in our neighborhoods. the states. It would also penalize even non- There is much that Congress can and Accounts of machete attacks and other vio- violent drug dealing and some misdemeanors should do to help keep our youth out of gangs lent murders have awoken my constituents to as crimes of violence. Without reason, the leg- and strengthen our law enforcement efforts the dangers gangs present to all communities islation expands the definition of criminal against gangs. Gangs are tough and gang in Northern Virginia. In fact, law enforcement street gang. The bill imposes unduly harsh members often do not respond to mild meas- officials say there is a gang presence in everv and discriminatory mandatory minimum sen- ures. We should increase the resources avail- high school in Fairfax County. In the past, I tences and expands the use of the federal able to gang prevention, intervention, and sup- have worked with my colleagues Frank Wolf death penalty to new offenses. pression programs, such as the Juvenile De- and Jim Moran to direct federal resources for I strongly oppose the provision that allows linquency Protection Block Grant (JJDPBG). anti-gang activity to Northern Virginia. I have the government sole discretion in deciding These programs have been very effective in also traveled on numerous occasions to those whether or not to try juveniles as adults. It is helping youth make the correct decisions with Central American countries that serve as the a proven fact that prosecuting children as regard to gang activity. breeding ground for MS–13 and other such adults increases, not decreases, crime. Study We should increase the resources available gangs. after study has shown that youth transferred to to our public schools. All too often, youth join The legislation we are voting on today ad- the adult criminal justice system are more like- gangs because they feel that it is the only op- dresses one aspect of gang control. As our ly to re-offend and to commit more serious tion available to them. By helping our teach- neighbors in El Salvador have learned, you crimes upon release than youth who remained ers, administrators, and school systems, we can make all the arrests you want, but if you in the juvenile system. At a time when the can show them other, more promising, op- don’t have the ability to effectively prosecute Bush administration has proposed huge cuts tions. you actually exacerbate the problem. This leg- to programs that serve our youth, it is irre- We should oppose the reduction or elimi- islation will help ensure that we do not have sponsible to pass legislation that would only nation of programs that put police officers on the same issue here in the United States. destabilize our communities and aggravate our streets. Since 1994, the Community Ori- The tough penalties set out by the bill will crime. ented Policing Services (COPS) program has send a clear message that we intend to stop This bill is a simplistic approach to a com- funded 4,806 additional police officers and the menace of gang violence, and that those plex problem that has its roots in the lack of sheriffs deputies to prevent crime in New Jer- who challenge us will be dealt with harshly. a quality education and after school programs sey. It has allowed New Jersey to spend $45 We are also bolstering our commitment to law and negative influences from adults and bro- million on crime-fighting technologies. We enforcement by providing them the resources ken families, among other problems. Our soci- should be having a serious discussion about they need to penetrate gangs and successfully ety must provide young people with meaning- why this successful program warrants an 80 put members behind bars. ful alternatives that will draw them away from percent cut in the Republican budget for Fiscal Of course, if we are to ultimately be suc- the gang lifestyle. We should not be soft on Year 2006. cessful and effectively stem the expansion of crime; my community has suffered for many Unfortunately, this legislation proposes inef- gang activity, we need to take a comprehen- years and we know how gang violence has fective and damaging solutions to this serious sive look at all strategies including law en- scarred our families. That is why we must problem. Mandatory minimum sentencing forcement, international engagement, edu- punish those who need to be punished while guidelines discount mitigating factors in crimes cational programs, social services and preven- also remembering to give youth the oppor- and are discriminatory towards people of tion. Law enforcement is one key component; tunity to succeed in life. I support effective color. It is time to give up the Congressional however, without adequate attention to these measures to combat gang-related crime and fascination with mandatory sentencing. It does other aspects, we will have a great deal of dif- this bill completely fails to do that. not work. It may make the legislator feel good, ficulty eradicating this epidemic.’ but it hinders the judicial process, and most To that end, I plan to continue to work with Mr. SENSENBRENNER. Mr. Chair- important it does not stop crime or deter crimi- my colleagues to provide adequate support for man, I yield back the balance of my nals. education and prevention efforts, outreach, time. Also, diverting youth to the adult criminal and other proactive programs to deal with the The Acting CHAIRMAN (Mr. justice system does nothing to deter crimes. In problem at the source. In addition, as the LAHOOD). All time for general debate fact, youth tried and sentenced as adults are chairman of the committee with jurisdiction has expired.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9176 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Pursuant to the rule, the committee the activities of the criminal street gang affects (4) by striking ‘‘(1) distribute’’ and inserting amendment in the nature of a sub- interstate or foreign commerce. ‘‘(A) distributes’’; stitute printed in the bill shall be con- ‘‘(2) GANG CRIME.—The term ‘gang crime’ (5) by striking ‘‘(2) commit’’ and inserting means conduct constituting any Federal or ‘‘(B) commits’’; sidered as an original bill for the pur- State crime, punishable by imprisonment for pose of amendment under the 5-minute (6) by striking ‘‘(3) otherwise promote, man- more than one year, in any of the following cat- age, establish, carry on, or facilitate’’ and in- rule and shall be considered read. egories: serting ‘‘(C) otherwise promotes, manages, es- The text of the committee amend- ‘‘(A) A crime of violence. tablishes, carries on, or facilitates’’; and ‘‘(B) A crime involving obstruction of justice, ment in the nature of a substitute is as (7) by striking ‘‘and thereafter’’ and all that tampering with or retaliating against a witness, follows: follows through the end of the subsection and victim, or informant, or burglary. H.R. 1279 ‘‘(C) A crime involving the manufacturing, im- inserting the following: Be it enacted by the Senate and House of Rep- porting, distributing, possessing with intent to ‘‘or attempts or conspires to do so, shall be pun- resentatives of the United States of America in distribute, or otherwise dealing in a controlled ished as provided in paragraph (2). Congress assembled, substance or listed chemical (as those terms are ‘‘(2) The punishment for an offense under this SECTION 1. SHORT TITLE. defined in section 102 of the Controlled Sub- subsection is— This Act may be cited as the ‘‘Gang Deter- stances Act (21 U.S.C. 802)). ‘‘(A) in the case of a violation of subpara- rence and Community Protection Act of 2005’’. ‘‘(D) Any conduct punishable under section graph (A) or (C) of paragraph (1), a fine under 844 (relating to explosive materials), subsection TITLE I—CRIMINAL LAW REFORMS AND this title and imprisonment for not less than 5 (a)(1), (d), (g)(1) (where the underlying convic- ENHANCED PENALTIES TO DETER AND nor more than 20 years; and tion is a violent felony (as defined in section PUNISH ILLEGAL STREET GANG ACTIV- ‘‘(B) in the case of a violation of subpara- 924(e)(2)(B) of this title) or is a serious drug of- ITY AND RELATED CRIMINAL LAW RE- graph (B) of paragraph (1), a fine under this fense (as defined in section 924(e)(2)(A))), (g)(2), FORMS title and imprisonment for not less than 10 nor (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (i), (j), (k), (n), more than 30 years, but if death results the of- SEC. 101. REVISION AND EXTENSION OF PEN- (o), (p), (q), (u), or (x) of section 922 (relating to fender shall be sentenced to death, or to impris- ALTIES RELATED TO CRIMINAL unlawful acts), or subsection (b), (c), (g), (h), STREET GANG ACTIVITY. onment for any term of years or for life.’’. (k), (l), (m), or (n) of section 924 (relating to (a) IN GENERAL.—Chapter 26 of title 18, (b) CLERICAL AMENDMENT.—The item relating penalties), section 930 (relating to possession of to section 1952 in the table of sections at the be- United States Code, is amended to read as fol- firearms and dangerous weapons in Federal fa- lows: ginning of chapter 95 of title 18, United States cilities), section 931 (relating to purchase, own- Code, is amended to read as follows: ‘‘CHAPTER 26—CRIMINAL STREET GANGS ership, or possession of body armor by violent ‘‘1952. Interstate or foreign commerce-related ‘‘Sec. felons), sections 1028 and 1029 (relating to fraud aid to racketeering.’’. ‘‘521. Criminal street gang prosecutions. and related activity in connection with identi- SEC. 103. AMENDMENTS RELATING TO VIOLENT ‘‘§ 521. Criminal street gang prosecutions fication documents or access devices), section 1952 (relating to interstate and foreign travel or CRIME. ‘‘(a) STREET GANG CRIME.—Whoever commits, transportation in aid of racketeering enter- (a) CARJACKING.—Section 2119 of title 18, or conspires, threatens or attempts to commit, a prises), section 1956 (relating to the laundering United States Code, is amended— gang crime for the purpose of furthering the ac- of monetary instruments), section 1957 (relating (1) by striking ‘‘, with the intent to cause tivities of a criminal street gang, or gaining en- to engaging in monetary transactions in prop- death or serious bodily harm’’ in the matter pre- trance to or maintaining or increasing position erty derived from specified unlawful activity), or ceding paragraph (1); in such a gang, shall, in addition to being sub- sections 2312 through 2315 (relating to interstate (2) by inserting ‘‘or conspires’’ after ‘‘at- ject to a fine under this title— transportation of stolen motor vehicles or stolen tempts’’ in the matter preceding paragraph (1); ‘‘(1) if the gang crime results in the death of property). (3) by striking ‘‘15’’ and inserting ‘‘20’’ in any person, be sentenced to death or life in pris- ‘‘(E) Any conduct punishable under section paragraph (1); and on; 274 (relating to bringing in and harboring cer- (4) by striking ‘‘or imprisoned not more than ‘‘(2) if the gang crime is kidnapping, aggra- tain aliens), section 277 (relating to aiding or as- 25 years, or both’’ and inserting ‘‘and impris- vated sexual abuse, or maiming, be imprisoned sisting certain aliens to enter the United States), oned not less than 10 years nor more than 30 for life or any term of years not less than 30; or section 278 (relating to importation of alien ‘‘(3) if the gang crime is assault resulting in years’’ in paragraph (2). for immoral purpose) of the Immigration and (b) CLARIFICATION OF ILLEGAL GUN TRANS- serious bodily injury (as defined in section Nationality Act. 1365), be imprisoned for life or any term of years FERS TO COMMIT DRUG TRAFFICKING CRIME OR ‘‘(3) AGGRAVATED SEXUAL ABUSE.—The term CRIMES OF VIOLENCE.—Section 924(h) of title 18, not less than 20; and ‘aggravated sexual abuse’ means an offense ‘‘(4) in any other case, be imprisoned for life United States Code, is amended to read as fol- that, if committed in the special maritime and lows: or for any term of years not less than 10. territorial jurisdiction would be an offense ‘‘(b) FORFEITURE.— ‘‘(h) Whoever, in or affecting interstate or for- under section 2241(a). eign commerce, knowingly transfers a firearm, ‘‘(1) IN GENERAL.—The court, in imposing sen- ‘‘(4) STATE.—The term ‘State’ means each of knowing or intending that the firearm will be tence on any person convicted of a violation of the several States of the United States, the Dis- used to commit, or possessed in furtherance of, this section, shall order, in addition to any trict of Columbia, and any commonwealth, terri- a crime of violence or drug trafficking crime, other sentence imposed and irrespective of any tory, or possession of the United States.’’. shall be fined under this title and imprisoned provision of State law, that such person shall (b) AMENDMENT RELATING TO PRIORITY OF not less than 5 years nor more than 20 years.’’. forfeit to the United States such person’s inter- FORFEITURE OVER ORDERS FOR RESTITUTION.— est in— Section 3663(c)(4) of title 18, United States Code, (c) AMENDMENT OF SPECIAL SENTENCING PRO- ‘‘(A) any property used, or intended to be is amended by striking ‘‘chapter 46 or chapter 96 VISION RELATING TO LIMITATIONS ON CRIMINAL used, in any manner or part, to commit, or to fa- of this title’’ and inserting ‘‘section 521, under ASSOCIATION.—Section 3582(d) of title 18, United cilitate the commission of, the violation; and chapter 46 or 96,’’. States Code, is amended— ‘‘(B) any property constituting, or derived (c) MONEY LAUNDERING.—Section (1) by inserting ‘‘section 521 (criminal street from, any proceeds the person obtained, directly 1956(c)(7)(D) of title 18, United States Code, is gang prosecutions), in’’ after ‘‘felony set forth or indirectly, as a result of the violation. amended by inserting ‘‘, section 521 (relating to in’’; ‘‘(2) APPLICATION OF CONTROLLED SUBSTANCES criminal street gang prosecutions)’’ before ‘‘, (2) by striking ‘‘specified person, other than ACT.—Subsections (b), (c), (e), (f), (g), (h), (i), section 541’’. his attorney, upon’’ and inserting ‘‘specified (j), (k), (l), (m), (n), (o), and (p) of section 413 SEC. 102. INCREASED PENALTIES FOR INTER- person upon’’; and of the Controlled Substances Act (21 U.S.C. 853) STATE AND FOREIGN TRAVEL OR (3) by inserting ‘‘a criminal street gang or’’ shall apply to a forfeiture under this section as TRANSPORTATION IN AID OF RACK- before ‘‘an illegal enterprise’’. though it were a forfeiture under that section. ETEERING. (d) CONSPIRACY PENALTY.—Section 371 of title ‘‘(c) DEFINITIONS.—The following definitions (a) SUBSTANTIVE CHANGES TO OFFENSE.—Sec- 18, United States Code, is amended by striking apply in this section: tion 1952(a) of title 18, United States Code, is ‘‘five’’ and inserting ‘‘20’’. ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi- amended— (1) so that the heading for the section reads as SEC. 104. INCREASED PENALTIES FOR USE OF nal street gang’ means a formal or informal INTERSTATE COMMERCE FACILITIES group or association of 3 or more individuals, follows: IN THE COMMISSION OF MURDER- who commit 2 or more gang crimes (one of which ‘‘§ 1952. Interstate or foreign commerce-re- FOR-HIRE AND OTHER FELONY is a crime of violence other than an offense pun- lated aid to racketeering’’; CRIMES OF VIOLENCE. ishable under subparagraphs (A), (B), or (C) of (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; (a) IN GENERAL.—Section 1958 of title 18, section 401(b)(1) of the Controlled Substances (3) by striking ‘‘travels’’ and all that follows United States Code, is amended— Act), in 2 or more separate criminal episodes, in through ‘‘intent to’’ and inserting ‘‘, in or af- (1) by striking the section heading and insert- relation to the group or association, if any of fecting interstate or foreign commerce’’; ing the following:

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‘‘§ 1958. Use of interstate commerce facilities ‘‘MURDER AND OTHER VIOLENT CRIMES COM- (1) in subparagraph (A), by inserting ‘‘, or in the commission of murder-for-hire and MITTED DURING AND IN RELATION TO A DRUG would have been so chargeable if the act or other felony crimes of violence’’; TRAFFICKING CRIME threat had not been committed in Indian coun- (2) in subsection (a), by inserting ‘‘or other ‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, try (as defined in section 1151) or in any other crime of violence, punishable by imprisonment or conspires, or attempts to commit, a crime of area of exclusive Federal jurisdiction,’’ after for more than one year,’’ after ‘‘intent that a violence during and in relation to a drug traf- ‘‘chargeable under State law’’; and murder’’; and ficking crime, shall, unless the death penalty is (2) in subparagraph (B), by inserting ‘‘section (3) in subsection (a), by striking ‘‘shall be otherwise imposed, in addition and consecutive 1123 (relating to interstate murder),’’ after ‘‘sec- fined’’ the first place it appears and all that fol- to the punishment provided for the drug traf- tion 1084 (relating to the transmission of gam- ficking crime and in addition to being subject to lows through the end of such subsection and in- bling information),’’. a fine under this title— serting the following: SEC. 109. EXPANSION OF REBUTTABLE PRESUMP- ‘‘(1) if the crime of violence results in the TION AGAINST RELEASE OF PER- ‘‘shall, in addition to being subject to a fine death of any person, be sentenced to death or SONS CHARGED WITH FIREARMS OF- under this title life in prison; FENSES. ‘‘(1) if the crime of violence or conspiracy re- ‘‘(2) if the crime of violence is kidnapping, ag- Section 3142 of title 18, United States Code, is sults in the death of any person, be sentenced to gravated sexual abuse (as defined in section amended— death or life in prison; 521), or maiming, be imprisoned for life or any (1) in subsection (e), in the matter following ‘‘(2) if the crime of violence is kidnapping, ag- term of years not less than 30; paragraph (3), by inserting ‘‘an offense under gravated sexual abuse (as defined in section ‘‘(3) if the crime of violence is assault result- subsection (g)(1) (where the underlying convic- 521), or maiming, or a conspiracy to commit such ing in serious bodily injury (as defined in sec- tion is a drug trafficking crime (as defined in a crime of violence, be imprisoned for life or any tion 1365), be imprisoned for life or any term of section 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or term of years not less than 30; years not less than 20; and (g)(9) of section 922, or a crime of violence,’’ ‘‘(3) if the crime of violence is an assault, or ‘‘(4) in any other case, be imprisoned for life after ‘‘that the person committed’’; and a conspiracy to assault, that results in serious or for any term of years not less than 10. (2) in subsection (g), by amending paragraph ‘‘(b) VENUE.—A prosecution for a violation of bodily injury (as defined in section 1365), be im- (1) to read as follows: this section may be brought in— ‘‘(1) the nature and circumstances of the of- prisoned for life or any term of years not less ‘‘(1) the judicial district in which the murder than 20; and fense charged, including whether the offense is or other crime of violence occurred; or a crime of violence, or involves a controlled sub- ‘‘(4) in any other case, be imprisoned for life ‘‘(2) any judicial district in which the drug stance, firearm, explosive, or destructive de- or for any term of years not less than 10.’’. trafficking crime may be prosecuted. vise;’’. (b) CLERICAL AMENDMENT.—The item relating ‘‘(c) DEFINITIONS.—As used in this section— to section 1958 in the table of sections at the be- ‘‘(1) the term ‘crime of violence’ has the mean- SEC. 110. VENUE IN CAPITAL CASES. ginning of chapter 95 of title 18, United States ing given that term in section 16 of title 18, Section 3235 of title 18, United States Code, is Code, is amended to read as follows: United States Code; and amended to read as follows: ‘‘1958. Use of interstate commerce facilities in ‘‘(2) the term ‘drug trafficking crime’ has the ‘‘§ 3235. Venue in capital cases the commission of murder-for-hire meaning given that term in section 924(c)(2) of ‘‘(a) The trial for any offense punishable by and other felony crimes of vio- title 18, United States Code.’’. death shall be held in the district where the of- (b) CLERICAL AMENDMENT.—The table of con- lence.’’. fense was committed or in any district in which tents for the Comprehensive Drug Abuse Preven- the offense began, continued, or was completed. SEC. 105. INCREASED PENALTIES FOR VIOLENT tion and Control Act of 1970 is amended by in- ‘‘(b) If the offense, or related conduct, under CRIMES IN AID OF RACKETEERING serting after the item relating to section 423, the ACTIVITY. subsection (a) involves activities which affect following: (a) OFFENSE.—Section 1959(a) of title 18, interstate or foreign commerce, or the importa- ‘‘Sec. 424. Murder and other violent crimes com- United States Code, is amended to read as fol- tion of an object or person into the United mitted during and in relation to a lows: States, such offense may be prosecuted in any drug trafficking crime.’’. ‘‘(a) Whoever commits, or conspires, threat- district in which those activities occurred.’’. SEC. 107. MULTIPLE INTERSTATE MURDER. ens, or attempts to commit, a crime of violence SEC. 111. STATUTE OF LIMITATIONS FOR VIO- (a) OFFENSE.—Chapter 51 of title 18, United for the purpose of furthering the activities of an LENT CRIME. States Code, is amended by adding at the end enterprise engaged in racketeering activity, or (a) IN GENERAL.—Chapter 213 of title 18, the following new section: for the purpose of gaining entrance to or main- United States Code, is amended by adding at the taining or increasing position in, such an enter- ‘‘§ 1123. Use of interstate commerce facilities end the following: in the commission of multiple murder prise, shall, unless the death penalty is other- ‘‘§ 3298. Violent crime offenses ‘‘(a) IN GENERAL.—Whoever travels in or wise imposed, in addition and consecutive to the ‘‘No person shall be prosecuted, tried, or pun- causes another (including the intended victim) punishment provided for any other violation of ished for any noncapital felony, crime of vio- to travel in interstate or foreign commerce, or this chapter and in addition to being subject to lence, including any racketeering activity or uses or causes another (including the intended a fine under this title— gang crime which involves any crime of vio- victim) to use the mail or any facility of inter- ‘‘(1) if the crime of violence results in the lence, unless the indictment is found or the in- state or foreign commerce, or who conspires or death of any person, be sentenced to death or formation is instituted not later than 15 years attempts to do so, with intent that 2 or more in- life in prison; after the date on which the alleged violation oc- tentional homicides be committed in violation of ‘‘(2) if the crime of violence is kidnapping, ag- curred or the continuing offense was com- the laws of any State or the United States shall, gravated sexual abuse (as defined in section pleted.’’. in addition to being subject to a fine under this 521), or maiming, be imprisoned for life or any (b) CLERICAL AMENDMENT.—The table of sec- term of years not less than 30; title— ‘‘(1) if the offense results in the death of any tions at the beginning of chapter 213 of title 18, ‘‘(3) if the crime of violence is assault result- person, be sentenced to death or life in prison; United States Code, is amended by adding at the ing in serious bodily injury (as defined in sec- ‘‘(2) if the offense results is assault resulting end the following: tion 1365), be imprisoned for life or for any term in serious bodily injury (as defined in section ‘‘3298. Violent crime offenses.’’. of years not less than 20; and 1365), be imprisoned for life or any term of years SEC. 112. MODIFICATION OF DEFINITION OF ‘‘(4) in any other case, be imprisoned for life not less than 20; and CRIME OF VIOLENCE. or for any term of years not less than 10.’’. ‘‘(3) in any other case, be imprisoned for life Section 16(b) of title 18, United States Code, is (b) VENUE.—Section 1959 of title 18, United or for any term of years not less than 10. amended to read as follows: States Code, is amended by adding at the end ‘‘(b) DEFINITION.—The term ‘State’ means ‘‘(b) any other offense that is an offense pun- the following: — each of the several States of the United States, ishable by imprisonment for more than one year ‘‘(c) A prosecution for a violation of this sec- the District of Columbia, and any common- and that, by its nature, involves a substantial tion may be brought in— wealth, territory, or possession of the United risk that physical force may be used against the ‘‘(1) the judicial district in which the crime of States.’’. person or property of another, or is an offense violence occurred; or (b) CLERICAL AMENDMENT.—The table of sec- punishable under subparagraphs (A), (B), or (C) ‘‘(2) any judicial district in which racket- tions at the beginning of chapter 51 of title 18, of section 401(b)(1) of the Controlled Substances eering activity of the enterprise occurred.’’. United States Code, is amended by adding at the Act.’’. end the following: SEC. 106. MURDER AND OTHER VIOLENT CRIMES SEC. 113. CLARIFICATION TO HEARSAY EXCEP- COMMITTED DURING AND IN RELA- ‘‘1123. Use of interstate commerce facilities in TION FOR FORFEITURE BY WRONG- TION TO A DRUG TRAFFICKING the commission of multiple mur- DOING. CRIME. der.’’. Rule 804(b)(6) of the Federal Rules of Evi- (a) IN GENERAL.—Part D of the Controlled SEC. 108. ADDITIONAL RACKETEERING ACTIVITY. dence is amended to read as follows: Substances Act (21 U.S.C. 841 et seq.) is amend- Section 1961(1) of title 18, United States Code, ‘‘(6) FORFEITURE BY WRONGDOING.—A state- ed by adding at the end the following: is amended— ment offered against a party who has engaged

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or acquiesced in wrongdoing, or who could rea- (b) HIGH INTENSITY INTERSTATE GANG ACTIV- (2) $7,500,000 for each of the fiscal years 2006 sonably foresee such wrongdoing would take ITY AREAS.— through 2010 to carry out subsection (c). place, if the wrongdoing was intended to, and (1) DESIGNATION.—The Attorney General, SEC. 202. GRANTS TO STATE AND LOCAL PROS- did, procure the unavailability of the declarant after consultation with the Governors of appro- ECUTORS TO COMBAT VIOLENT as a witness.’’. priate States, may designate as high intensity CRIME AND TO PROTECT WITNESSES SEC. 114. INCREASED PENALTIES FOR CRIMINAL interstate gang activity areas, specific areas AND VICTIMS OF CRIMES. USE OF FIREARMS IN CRIMES OF VI- that are located within 1 or more States. (a) IN GENERAL.—Section 31702 of the Violent OLENCE AND DRUG TRAFFICKING. (2) ASSISTANCE.—In order to provide Federal Crime Control and Law Enforcement Act of 1994 (a) IN GENERAL.—Section 924(c) of title 18, assistance to high intensity interstate gang ac- (42 U.S.C. 13862) is amended — United States Code, is amended— tivity areas, the Attorney General shall— (1) in paragraph (3), by striking ‘‘and’’ at the (1) in paragraph (1)(A)— (A) establish criminal street gang enforcement end; (A) by striking ‘‘shall’’ and inserting ‘‘or con- teams, consisting of Federal, State, and local (2) in paragraph (4), by striking the period at spires to commit any of the above acts, shall, for law enforcement authorities, for the coordinated the end and inserting a semicolon; and each instance in which the firearm is used, car- investigation, disruption, apprehension, and (3) by adding at the end the following: ried, or possessed’’; prosecution of criminal street gangs and offend- ‘‘(5) to hire additional prosecutors to— (B) in clause (i), by striking ‘‘5 years’’ and in- ers in each high intensity interstate gang activ- ‘‘(A) allow more cases to be prosecuted; and serting ‘‘7 years’’; and ity area; ‘‘(B) reduce backlogs; (C) by striking clauses (ii) and (iii) and insert- (B) direct the reassignment or detailing from ‘‘(6) to fund technology, equipment, and ing the following: any Federal department or agency (subject to training for prosecutors and law enforcement in ‘‘(ii) if the firearm is discharged, be sentenced order to increase accurate identification of gang to a term of imprisonment of not less than 15 the approval of the head of that department or agency, in the case of a department or agency members and violent offenders, and to maintain years; and databases with such information to facilitate co- ‘‘(iii) if the firearm is used to wound, injure, other than the Department of Justice) of per- sonnel to each criminal street gang enforcement ordination among law enforcement and prosecu- or maim another person, be sentenced to a term tors; and of imprisonment of not less than 20 years.’’; and team; (C) provide all necessary funding for the oper- ‘‘(7) to fund technology, equipment, and (2) by striking paragraph (4). training for prosecutors to increase the accurate (b) CONFORMING AMENDMENT.—Section 924 of ation of the criminal street gang enforcement team in each high intensity interstate gang ac- identification and successful prosecution of title 18, United States Code, is amended by strik- young violent offenders.’’. ing subsection (o). tivity area; and (D) provide all necessary funding for national (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- SEC. 115. TRANSFER OF JUVENILES. tion 31707 of the Violent Crime Control and Law The 4th undesignated paragraph of section and regional meetings of criminal street gang enforcement teams, and all other related organi- Enforcement Act of 1994 (42 U.S.C. 13867) is 5032 of title 18, United States Code, is amend- amended to read as follows: ed— zations, as needed, to ensure effective operation of such teams through the sharing of intel- ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- (1) by striking ‘‘A juvenile’’ where it appears TIONS. at the beginning of the paragraph and inserting ligence, best practices and for any other related ‘‘There are authorized to be appropriated ‘‘Except as otherwise provided in this chapter, a purpose. $20,000,000 for each of the fiscal years 2006 juvenile’’ ; (3) COMPOSITION OF CRIMINAL STREET GANG through 2010 to carry out this subtitle.’’. (2) by striking ‘‘as an adult, except that, ENFORCEMENT TEAM.—The team established pur- with’’ and inserting ‘‘as an adult. With’’; and suant to paragraph (2)(A) shall consist of The Acting CHAIRMAN. No amend- (3) by striking ‘‘However, a juvenile’’ and all agents and officers, where feasible, from— ment to the committee amendment is that follows through ‘‘criminal prosecution.’’ at (A) the Federal Bureau of Investigation; in order except those printed in House the end of the paragraph and inserting ‘‘The (B) the Drug Enforcement Administration; Report 109–76. Each amendment may be Attorney General may prosecute as an adult a (C) the Bureau of Alcohol, Tobacco, Firearms, offered only in the order printed in the juvenile who is alleged to have committed an act and Explosives; after that juvenile’s 16th birthday which if com- (D) the United States Marshals Service; report, by a Member designated in the mitted by an adult would be a crime of violence (E) the Directorate of Border and Transpor- report, shall be considered read, shall that is a felony, an offense described in sub- tation Security of the Department of Homeland be debatable for the time specified in section (d), (i), (j), (k), (o), (p), (q), (u), or (x) Security; the report, equally divided and con- of section 922 (relating to unlawful acts), or sub- (F) the Department of Housing and Urban De- trolled by the proponent and an oppo- section (b), (c), (g), (h), (k), (l), (m), or (n) of velopment; nent, shall not be subject to amend- section 924 (relating to penalties), section 930 (G) State and local law enforcement; and ment, and shall not be subject to a de- (relating to possession of firearms and dan- (H) Federal, State, and local prosecutors. mand for division of the question. gerous weapons in Federal facilities), or section (4) CRITERIA FOR DESIGNATION.—In consid- 931 (relating to purchase, ownership, or posses- ering an area for designation as a high intensity It is now in order to consider amend- sion of body armor by violent felons). The deci- interstate gang activity area under this section, ment No. 1, printed in House Report sion whether or not to prosecute a juvenile as the Attorney General shall consider— 109–76. an adult under the immediately preceding sen- (A) the current and predicted levels of gang AMENDMENT NO. 1 OFFERED BY MR. tence is not subject to judicial review in any crime activity in the area; SENSENBRENNER court. In a prosecution under that sentence, the (B) the extent to which violent crime in the Mr. SENSENBRENNER. Mr. Chair- juvenile may be prosecuted and convicted as an area appears to be related to criminal street man, I offer an amendment made in gang activity, such as drug trafficking, murder, adult for any other offense which is properly order under the rule. joined under the Federal Rules of Criminal Pro- robbery, assaults, carjacking, arson, kidnap- cedure, and may also be convicted as an adult ping, extortion, and other criminal activity; The Acting CHAIRMAN. The Clerk of any lesser included offense.’’. (C) the extent to which State and local law will designate the amendment. TITLE II—INCREASED FEDERAL RE- enforcement agencies have committed resources The text of the amendment is as fol- SOURCES TO DETER AND PREVENT AT- to— lows: RISK YOUTH FROM JOINING ILLEGAL (i) respond to the gang crime problem; and Amendment No. 1 offered by Mr. SENSEN- STREET GANGS (ii) participate in a gang enforcement team; BRENNER: (D) the extent to which a significant increase SEC. 201. DESIGNATION OF AND ASSISTANCE FOR Page 4, lines 13 through 14, strike ‘‘under ‘‘HIGH INTENSITY’’ INTERSTATE in the allocation of Federal resources would en- subparagraphs (A), (B), or (C)’’ and insert GANG ACTIVITY AREAS. hance local response to the gang crime activities ‘‘under subparagraph (A), (B), or (C)’’. (a) DEFINITIONS.—In this section the following in the area; and Page 4, line 23, insert ‘‘(other than a crime definitions shall apply: (E) any other criteria that the Attorney Gen- of violence against the property of another)’’ (1) GOVERNOR.—The term ‘‘Governor’’ means eral considers to be appropriate. before the period. a Governor of a State or the Mayor of the Dis- (c) ADDITIONAL ASSISTANT U.S. ATTORNEYS.— Page 7, line 10 through the matter after trict of Columbia. The Attorney General is authorized to hire 94 line 2, page 9, strike section 102 and insert (2) HIGH INTENSITY INTERSTATE GANG ACTIVITY additional Assistant United States attorneys to the following: AREA.—The term ‘‘high intensity interstate gang carry out the provisions of this section. Each at- SEC. 102. INCREASED PENALTIES FOR INTER- activity area’’ means an area within a State torney hired under this subsection shall be as- STATE AND FOREIGN TRAVEL OR that is designated as a high intensity interstate signed to a high intensity interstate gang activ- TRANSPORTATION IN AID OF RACK- gang activity area under subsection (b)(1). ity area. ETEERING. (3) STATE.—The term ‘‘State’’ means a State of (d) AUTHORIZATION OF APPROPRIATIONS.— Section 1952 of title 18, United States Code, the United States, the District of Columbia, and There are authorized to be appropriated— is amended— any commonwealth, territory, or possession of (1) $50,000,000 for each of the fiscal years 2006 (1) in subsection (a), by striking ‘‘perform’’ the United States. through 2010 to carry out subsection (b); and and all that follows through the end of the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9179 subsection and inserting ‘‘perform an act de- would ask the gentleman to please ex- act that by its nature creates a sub- scribed in paragraph (1), (2), or (3), or con- plain the modification, if that is not stantial risk that physical injury may spires to do so, shall be punished as provided part of his presentation. result to a person or property of an- in subsection (d).’’; and Mr. SENSENBRENNER. Mr. Chair- other. (2) by adding at the end following: ‘‘(d) The punishment for an offense under man, will the gentleman yield? I urge my colleagues to support this subsection (a) is— Mr. SCOTT of Virginia. I yield to the amendment. ‘‘(1) in the case of a violation of paragraph gentleman from Wisconsin. Mr. Chairman, I reserve the balance (1) or (3), a fine under this title and impris- Mr. SENSENBRENNER. Mr. Chair- of my time. onment for not less than 5 nor more than 20 man, the material that is on page 20 re- Mr. SCOTT of Virginia. Mr. Chair- years; and lates to a clarification of the ban on man, I ask unanimous consent to seek ‘‘(2) in the case of a violation of paragraph possession of hand guns by juveniles. It the time in opposition although I am (2), a fine under this title and imprisonment appears to me that the clarification not opposed to the amendment. for not less than 10 nor more than 30 years, The Acting CHAIRMAN (Mr. but if death results the offender shall be sen- does not clarify the statute. The best tenced to death, or to imprisonment for any thing to do is to completely remove the LAHOOD). Without objection, the gen- term of years or for life.’’. clarification as was proposed, thus tleman from Virginia (Mr. SCOTT) is Page 9, line 24, strike ‘‘drug trafficking leaving the current law intact, which recognized for 5 minutes. crime,’’ and insert ‘‘drug trafficking crime means that if a juvenile possesses a There was no objection. (as defined in subsection (c)(2)),’’. hand gun, he will have to have a writ- Mr. SCOTT of Virginia. Mr. Chair- Page 11, line 11, strike ‘‘this title’’ and in- ten note stating that he is authorized man, I yield 1 minute to the gentle- sert ‘‘this title—’’. woman from New York (Mrs. MCCAR- Page 12, line 10, insert ‘‘, as consideration to do so from his parent. THY). for the receipt of, or as consideration for a Mr. SCOTT of Virginia. Continuing promise or agreement to pay, anything of pe- my reservation of objection, Mr. Chair- Mrs. MCCARTHY. Mr. Chairman, I cuniary value from an enterprise engaged in man, how does the modification change would like to thank the gentleman racketeering activity, or’’ after ‘‘crime of vi- the original manager’s amendment? from Wisconsin for working with me on olence’’. Mr. SENSENBRENNER. Mr. Chair- this section, section 922(x) which he Page 13, line 8, strike ‘‘following: —’’ and man, if the gentleman will yield fur- just basically took out. I appreciate insert ‘‘following:’’. ther, the original manager’s amend- him working with us on that issue. Page 15, line 7, strike ‘‘423,’’ and insert Mr. SCOTT of Virginia. Mr. Chair- ‘‘423’’. ment said if the parent accompanied Page 16, line 1, strike ‘‘is assault result- the juvenile, the juvenile did not have man, I yield 2 minutes to the gentle- ing’’. to have the note. What this modifica- woman from California (Ms. WOOLSEY). Page 19, line 8, strike ‘‘force may be used tion does is to require the juvenile to Ms. WOOLSEY. I thank the gen- against’’ and insert ‘‘injury may result to’’. continue having the note. tleman for yielding me this time. Page 19, line 10, strike ‘‘subparagraphs (A), Mr. SCOTT of Virginia. Mr. Chair- Mr. Chairman, addressing gang vio- (B), or (C)’’ and insert ‘‘subparagraph (A), man, I withdraw my reservation of ob- lence across this Nation is absolutely (B), or (C)’’. jection. an important step so that people can Page 20, after line 17, insert the following feel safe in their communities and so new subsection and redesignate the suc- The Acting CHAIRMAN. Is there ob- ceeding subsection accordingly: jection to the modification offered by that our youth will grow up to be pro- (b) CLARIFICATION OF BAN ON POSSESSION OF the gentleman from Wisconsin? ductive, happy, satisfied adults. While I HANDGUNS BY JUVENILES.—Section 922(x)(3) There was no objection. commend my colleagues on the other of title 18, United States Code, is amended— Mr. SENSENBRENNER. Mr. Chair- side of the aisle for addressing this im- (1) by striking ‘‘or’’ at the end of subpara- man, I yield myself such time as I may portant issue, I am deeply disappointed graph (C); consume. in their legislation. (2) by striking the period at the end of sub- Mr. Chairman, I offer this manager’s Gang violence affects most commu- paragraph (D) and inserting ‘‘; or’’; and nities across the United States. In fact, (3) by adding at the end the following: amendment to correct and clarify sev- ‘‘(E) the possession of a handgun or ammu- eral provisions of the legislation. Let I represented the Sixth District of Cali- nition by a juvenile, while in the presence of me briefly summarize the changes fornia, which is north of the Golden a parent or guardian of the juvenile, if such made by the amendment, as modified. Gate Bridge from San Francisco. In my parent or guardian, as the case may be, is First, the amendment would exclude district, there is no exception. We too not prohibited by Federal, State, or local law property crimes from the crime of vio- have gang violence. The largest city in from possessing a firearm. ’’. lence definition of the gang crime stat- my district, Santa Rosa, is increas- The Acting CHAIRMAN. Pursuant to ute created by this legislation. The ingly faced with gang violence. Drive- House Resolution 268, the gentleman purpose of this change is to ensure that by shootings are becoming so common from Wisconsin, (Mr. SENSENBRENNER) the gang crime statute is applied as in- that the newspapers no longer report and a Member opposed each will con- tended to dismantle and disrupt violent the incidents on the front page. trol 5 minutes. gangs and to prevent unintended appli- Local communities must address this The Chair recognizes the gentleman cation of the statute for property problem, no question; and Santa Rosa from Wisconsin (Mr. SENSENBRENNER). crimes. is working hard to do so. With the help MODIFICATION TO AMENDMENT NO. 1 OFFERED of new State of California funding 1515 BY MR. SENSENBRENNER b through Measure Zero, a sales tax that Mr. SENSENBRENNER. Mr. Chair- Second, the amendment would add passed in the last go-around, the city is man, I ask unanimous consent that my conspiracies as a criminal violation providing diversion programs that ap- amendment be modified by the form and increase criminal penalties for any peal to youth, such as after-school pro- that I have placed at the desk. such violation under section 1952 of grams and increased recreational ac- The Acting CHAIRMAN. The Clerk title 18, Interstate and Foreign Travel tivities. Community leaders are finding will report the modification. in Aid of Racketeering Enterprises. more job opportunities for young peo- The Clerk read as follows: Third, the manager’s amendment ple, and adults are mentoring them and Modification to amendment No. 1 offered would ensure that a portion of title 18 exposing them to situations that are by Mr. SENSENBRENNER: Strike that portion under existing law, which was inad- positive alternatives to gang life. Even of the amendment which proposes to insert vertently omitted from the introduced the conservative think tank, Mr. material on page 20. and reported versions of H.R. 1279, is Speaker, the Heritage Foundation, The Acting CHAIRMAN. Is there ob- not changed as a result of enacting this agrees that these are the best ways to jection to the modification offered by legislation. curb gang violence. the gentleman from Wisconsin? Fourth, the amendment would clarify This bill does not provide significant Mr. SCOTT of Virginia. Mr. Chair- the crime of violence definition under funding to States and local commu- man, reserving the right to object, I section 16(b) of title 18 to include an nities to build on their successful local

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programs. Rather, H.R. 1279 creates from Texas (Mr. CUELLAR) and a Mem- (A) for each high intensity interstate gang new death penalties, mandatory min- ber opposed each will control 5 min- activity area, a regional gang activity data- imum sentences, and measures to pros- utes. base; and ecute children in adult court, in other The Chair recognizes the gentleman (B) a national gang activity database that replicates the information in the regional words, applying adult punishment to from Texas (Mr. CUELLAR). Mr. CUELLAR. Mr. Chairman, I yield databases. young people. This is the wrong ap- (2) DESCRIPTION.—Each regional gang ac- proach, and I cannot support it. I urge myself such time as I may consume. tivity database required by paragraph (1) my colleagues to join me in opposing Mr. Chairman, we all know that shall— H.R. 1279 and insisting that we go back gangs are no longer just an urban prob- (A) be designed to disseminate gang infor- and prepare legislation with real work- lem. They affect every community. As mation to law enforcement agencies able solutions and alternatives to gang law enforcement officials from big cit- throughout the region; ies to small towns will tell you, to (B) contain critical information on gangs, violence. combat the problem we all need to gang members, firearms, criminal activities, Mr. SCOTT of Virginia. Mr. Chair- work together, share information, and vehicles, and other information useful for in- man, I yield back the balance of my identify the issues that will help us vestigators in solving gang-related crimes; time. strike at the heart of gang violence. and Mr. SENSENBRENNER. Mr. Chair- My amendment gives us the means to (C) operate in a manner that enables law man, I yield back the balance of my enforcement agencies to— do just that. time. (i) identify gang members involved in It would establish a national gang in- crimes; The Acting CHAIRMAN. The ques- telligence center at the FBI to help law tion is on the amendment offered by (ii) track the movement of gangs and mem- enforcement officials across the coun- bers throughout the region; the gentleman from Wisconsin (Mr. try share information about gangs and (iii) coordinate police response to gang vio- SENSENBRENNER), as modified. gang members so that we can identify lence; The amendment, as modified, was emerging problems before they take (iv) enhance officer safety; agreed to. root. Last year, $10 million was appro- (v) provide realistic, up to date figures and The Acting CHAIRMAN. It is now in priated for the center, an effort led by statistical data on gang crime and violence; order to consider amendment No. 2 the gentleman from Virginia (Mr. (vi) forecast trends and respond accord- ingly; and printed in House Report 109–76. WOLF), who has long been a strong sup- (vii) more easily solve crimes and prevent AMENDMENT NO. 2 OFFERED BY MR. CUELLAR porter of law enforcement. My amend- violence. Mr. CUELLAR. Mr. Chairman, I offer ment would simply authorize the cre- The Acting CHAIRMAN. Pursuant to an amendment. ation of the center. House Resolution 268, the gentlewoman The Acting CHAIRMAN. The Clerk Mr. Chairman, by helping law en- from Texas (Ms. EDDIE BERNICE JOHN- will designate the amendment. forcement share information, we will SON) and a Member opposed each will The text of the amendment is as fol- be giving our police on the streets a powerful tool in the fight against vio- control 5 minutes. lows: The Chair recognizes the gentle- lence and help them better protect our Amendment No. 2 offered by Mr. CUELLAR: woman from Texas (Ms. EDDIE BERNICE Page 26, after line 2, insert the following citizens. Mr. SENSENBRENNER. Mr. Chair- JOHNSON). (and redesignate succeeding subsections ac- Ms. EDDIE BERNICE JOHNSON of cordingly): man, will the gentleman yield? Texas. Mr. Chairman, I yield myself (c) NATIONAL GANG INTELLIGENCE CENTER.— Mr. CUELLAR. I yield to the gen- such time as I may consume. (1) ESTABLISHMENT.—The Attorney General tleman from Wisconsin. shall establish a National Gang Intelligence Mr. SENSENBRENNER. Mr. Chair- Let me applaud the author and the Center to be housed at and administered by man, I am pleased to support the gen- ranking member and the Chair of this the Federal Bureau of Investigation to col- tleman’s amendment. It provides an committee for addressing the issue of lect, analyze, and disseminate gang activity gangs. I do not agree with all of the ap- information from— authorization for a program that al- ready has been funded by the Com- proach, but I do agree we need to ad- (A) the Federal Bureau of Investigation; dress the issue, and I rise today to (B) the Bureau of Alcohol, Tobacco, Fire- mittee on Appropriations. It is a good amendment. It helps the bill out. I urge speak about the creation of databases arms, and Explosives; to track gang activity. (C) the Drug Enforcement Administration; Members to vote for it. In addition to developing a solid gang (D) the Bureau of Prisons; Mr. CUELLAR. Mr. Chairman, I yield (E) the United States Marshals Service; back the balance of my time. prevention strategy, we must equip our (F) the Directorate of Border and Trans- The Acting CHAIRMAN. The ques- law enforcement professionals with the portation Security of the Department of tion is on the amendment offered by tools to protect our communities. Re- Homeland Security; the gentleman from Texas (Mr. cently, law enforcement in Dallas (G) the Department of Housing and Urban CUELLAR). spoke to me regarding their desire to Development; The amendment was agreed to. track gang activity. I work closely (H) State and local law enforcement; The Acting CHAIRMAN. It is now in with the law enforcement divisions in (I) Federal, State, and local prosecutors; my area, and they wanted a system (J) Federal, State, and local probation and order to consider amendment No. 3 parole offices; and printed in House Report 109–76. that would allow them to easily access (K) Federal, State, and local prisons and AMENDMENT NO. 3 OFFERED BY MS. EDDIE and share information on gang activ- jails. BERNICE JOHNSON OF TEXAS ity. I am offering an amendment that (2) INFORMATION.—The Center established Ms. EDDIE BERNICE JOHNSON of will do just that. under paragraph (1) shall make available the Texas. Mr. Chairman, I offer an amend- This database will contain critical information referred to in paragraph (1) to— ment. information on gangs, gang members, (A) Federal, State, and local law enforce- The Acting CHAIRMAN. The Clerk firearms, criminal activities and his- ment agencies; will designate the amendment. tories, vehicles, and other fields of in- (B) Federal, State, and local corrections The text of the amendment is as fol- formation necessary for investigators agencies and penal institutions; and lows: to solve gang-related crimes. (C) Federal, State, and local prosecutorial In addition, it will allow law enforce- agencies. Amendment No. 3 offered by Ms. EDDIE (3) ANNUAL REPORT.—The Center estab- BERNICE JOHNSON of Texas: ment to track the movement of gangs lished under paragraph (1) shall annually Page 26, after line 2, insert the following and members throughout the country, submit to Congress a report on gang activ- new subsection (and redesignate succeeding coordinate police response to gang vio- ity. subsections accordingly): lence, and enhance officer safety. This (c) NATIONAL AND REGIONAL GANG ACTIVITY Page 26, line 10, strike ‘‘$50,000,000’’ and in- DATABASES.— system is a fundamental step in com- sert ‘‘$60,000,000’’. (1) DATABASES REQUIRED.—From amounts bating future gang violence. I ask my The Acting CHAIRMAN. Pursuant to made available to carry out this section, the colleagues for their support for this im- House Resolution 268, the gentleman Attorney General shall establish— portant amendment.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9181 Mr. SENSENBRENNER. Mr. Chair- them have a voice in the decision-mak- Page 26, after line 13, insert the following: man, will the gentlewoman yield? ing. (3) $20,000,000 for each of the fiscal years Ms. EDDIE BERNICE JOHNSON of Addressing the gang problem in our 2006 through 2010 to carry out subsection (d). Texas. I yield to the gentleman from communities is an issue that requires The Acting CHAIRMAN. Pursuant to Wisconsin. all levels of government working to- House Resolution 268, the gentlewoman Mr. SENSENBRENNER. Mr. Chair- gether. Who knows better the problems from California (Ms. WATSON) and a man, I thank the gentlewoman for facing these communities’ constituents Member opposed each will control 5 yielding. This is also a very good than the communities themselves? Re- minutes. amendment. I would hope everybody ducing gang violence requires hands-on The Chair recognizes the gentle- would support it. intervention and input from those woman from California (Ms. WATSON). Ms. EDDIE BERNICE JOHNSON of most affected by gang violence. Ms. WATSON. Mr. Chairman, I yield Texas. Mr. Chairman, I yield back the These communities know, first-hand, the myself such time as I may consume. balance of my time. damage gang violence does in their neighbor- This amendment would add 100 new The Acting CHAIRMAN. The ques- hoods everyday. Their opinions should be inspectors and 100 new agents to the tion is on the amendment offered by heard on the state and federal levels. Bureau of Alcohol, Tobacco, Firearms, the gentlewoman from Texas (Ms. The communities affected by gang violence and Explosives. These inspectors and EDDIE BERNICE JOHNSON). must have the chance to express their views agents would be assigned to the new The amendment was agreed to. before neighborhoods are classified as a High high-intensity interstate gang activity The Acting CHAIRMAN. It is now in Intensity Gang Area. Local officials know bet- areas created by H.R. 1279. order to consider amendment No. 4 ter than anyone else what is occurring on a As I mentioned, my congressional printed in House Report 109–76. day to day basis in their jurisdictions. This district is part of a high-crime area, AMENDMENT NO. 4 OFFERED BY MS. WATSON amendment would allow participation on all and there is a gun shop in it that has Ms. WATSON. Mr. Chairman, I offer levels of government in this designation proc- sparked my attention in recent an amendment. ess. Mr. Chairman, I urge my colleagues to months. I have been working with The Acting CHAIRMAN. The Clerk support this amendment and allow local elect- BATFE to ensure that this shop does will designate the amendment. ed officials, in conjunction with federal and not become a source of gang weaponry The text of the amendment is as fol- state officials, to have input on how their com- in my district. One comment I have re- lows: munities are branded as High Intensity Gang peatedly heard from the bureau is that Areas. they simply do not have the personnel Amendment No. 4 offered by Ms. WATSON: Mr. SENSENBRENNER. Mr. Chair- necessary to crack down on gun-law Page 26, after line 2, insert the following: man, will the gentlewoman yield? (5) CONSULTATION REQUIRED.—The Attorney violators and keep guns out of the General may not designate a high intensity Ms. WATSON. I yield to the gen- hands of violent gangs. interstate gang activity area without first tleman from Wisconsin. The lack of proper inspections and consulting with and receiving comment from Mr. SENSENBRENNER. I thank the detailed reports on how guns get into local elected officials representing commu- gentlewoman for yielding. This also is the hands of gang members hampers nities within the State of proposed designa- a very good amendment. I would hope the fight against these violent gangs. tion. that the Committee would unani- Congress must assist the bureau by al- The Acting CHAIRMAN. Pursuant to mously approve it. lowing it to have an adequate amount House Resolution 268, the gentlewoman Ms. WATSON. Mr. Chairman, I would of staff to accurately investigate how from California (Ms. WATSON) and a hope the Members would support my illegal guns are getting into our com- Member opposed each will control 5 amendment. munities and make every effort to re- minutes. Mr. Chairman, I yield back the bal- move weapons from gang members’ The Chair recognizes the gentle- ance of my time. hands. The Acting CHAIRMAN. The ques- woman from California (Ms. WATSON). Mr. SENSENBRENNER. Mr. Chair- tion is on the amendment offered by Ms. WATSON. Mr. Chairman, I yield man, will the gentlewoman yield? myself such time as I may consume. the gentlewoman from California (Ms. Ms. WATSON. I yield to the gen- I urge my colleagues to support the WATSON). tleman from Wisconsin. amendment. I would also like to thank The amendment was agreed to. The Acting CHAIRMAN. It is now in Mr. SENSENBRENNER. Mr. Chair- my colleagues on the Committee on order to consider amendment No. 5 man, I thank the gentlewoman for Rules for allowing me to bring this im- printed in House Report 109–76. yielding. She has got a second good portant issue to the floor today. This amendment. I urge the Committee to AMENDMENT NO. 5 OFFERED BY MS. WATSON amendment would require the Attor- approve it and allow her to leave bat- Ms. WATSON. Mr. Chairman, I offer ney General to seek input from local ting 2 for 2. an amendment. elected officials before designating an The Acting CHAIRMAN. The Clerk Ms. WATSON. I thank the gen- area as a high-intensity interstate will designate the amendment. tleman. gang activity area. The bill currently The text of the amendment is as fol- Mr. Chairman, reclaiming my time, I only requires the Attorney General to lows: will just finish up. consult Governors of the States. Cali- These additional inspectors and Amendment No. 5 offered by Ms. WATSON: fornia is three States in one; and for a Page 26, after line 7, insert the following: agents are essential because they person like me who lives in South Los (d) ADDITIONAL BATFE INSPECTORS AND would be assigned to assist local law Angeles, right in the middle of a gang AGENTS.—The Attorney General, acting enforcement to cut off the supply of area, I would have a lot to tell about through the Director of the Bureau of Alco- weapons and ammunition to gang designating that gang area. hol, Tobacco, Firearms, and Explosives, is members. This amendment would also The underlying bill gives local com- authorized to hire 100 additional inspectors help local law enforcement and the munities no input. My amendment and 100 additional agents for the Bureau. Each inspector and agent hired under this BATFE compile much-needed data on would simply require the Attorney subsection shall be assigned to a high inten- how weapons are obtained and used by General to seek input from local elect- sity interstate gang activity area, for the gangs. ed officials before designating an area purpose of assisting local law enforcement This amendment is not a gun control as being a high-intensity gang area. agencies to provide more accurate and com- amendment; it is a law enforcement amend- This amendment is not intended to plete reports to the Bureau of weapons used ment. By improving our enforcement of exist- slow down the process of designation or by gangs in the area. ing gun laws, gang members will lose the give local officials veto power that su- Page 26, line 8, strike ‘‘(d)’’ and insert dominating weaponry that permits gangs to ‘‘(e)’’. persedes the power of Federal and Page 26, line 11, strike ‘‘and’’. outgun police and kill innocent people. State officials. Rather, it lets the com- Page 26, line 13, strike the period and in- Mr. Chairman, I believe that we should munities and the people that represent sert ‘‘; and’’. make every effort to prevent gang members

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9182 CONGRESSIONAL RECORD—HOUSE May 11, 2005 from obtaining their ‘‘Weapons of Mass De- acts. By having a media campaign, we United States Code, is amended by inserting struction.’’ I urge my colleagues to support this are in a position to let young people after the item relating to chapter 51 the fol- amendment and help the Bureau of Alcohol, who may be either in a gang or con- lowing new item: Tobacco, Firearms, and Explosives continue templating joining a gang understand ‘‘52. Illegal aliens ...... 1131’’. the assault on crime in our communities while that, if they engage in a maiming, cut- SEC. 117. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMA- cutting off the flow of guns to gang members. ting off someone’s arm, if they engage TION CENTER DATABASE. Mr. Chairman, I yield back the bal- in an aggravated sexual assault, that (a) PROVISION OF INFORMATION TO THE ance of my time. they are facing a potential 30-year NCIC.—Not later than 180 days after the date The Acting CHAIRMAN. The ques- mandatory minimum sentence, the of enactment of this Act, the Under Sec- tion is on the amendment offered by idea being that this mandatory min- retary for Border and Transportation Secu- the gentlewoman from California (Ms. imum sentence would discourage the rity of the Department of Homeland Secu- WATSON). conduct. I think the media campaign rity shall provide the National Crime Infor- The amendment was agreed to. contained and authorized under this mation Center of the Department of Justice The Acting CHAIRMAN. It is now in with such information as the Director may amendment would further that goal. So order to consider amendment No. 6 have on any and all aliens against whom a I would ask for favorable consider- printed in House Report 109–76. final order of removal has been issued, and ation. any and all aliens who have signed a vol- AMENDMENT NO. 6 OFFERED BY MR. WYNN Mr. SENSENBRENNER. Mr. Chair- untary departure agreement. Such informa- Mr. WYNN. Mr. Chairman, I offer an man, will the gentleman yield? tion shall be provided to the National Crime amendment. Mr. WYNN. I yield to the gentleman Information Center regardless of whether or The Acting CHAIRMAN. The Clerk from Wisconsin. not the alien received notice of a final order will designate the amendment. Mr. SENSENBRENNER. Mr. Chair- of removal and even if the alien has already The text of the amendment is as fol- man, another good amendment has been removed. (b) INCLUSION OF INFORMATION IN THE NCIC lows: been offered, and I would urge the Com- DATABASE.—Section 534(a) of title 28, United Amendment No. 6 offered by Mr. WYNN: mittee to adopt that, and I thank the Page 22, after line 3, insert the following: States Code, is amended— SEC. 116. PUBLICITY CAMPAIGN ABOUT NEW gentleman for offering it. (1) in paragraph (3), by striking ‘‘and’’ at CRIMINAL PENALTIES. Mr. WYNN. Mr. Chairman, reclaim- the end; The Attorney General is authorized to con- ing my time, I thank the gentleman for (2) by redesignating paragraph (4) as para- duct media campaigns in those areas des- his support. graph (5); and ignated as high intensity interstate gang ac- Mr. Chairman, I yield back the bal- (3) by inserting after paragraph (3) the fol- tivity areas and those areas with existing ance of my time. lowing: and emerging problem with gangs, as needed, The Acting CHAIRMAN (Mr. ‘‘(4) acquire, collect, classify, and preserve to educate individuals there about the records of violations of the immigration laws LAHOOD). The question is on the changes in criminal penalties made by this of the United States, regardless of whether Act, and to report to the Committee on the amendment offered by the gentleman or not the alien has received notice of the Judiciary of the House of Representatives from Maryland (Mr. WYNN). violation and even if the alien has already the amount of expenditures and all other as- The amendment was agreed to. been removed; and’’. The Acting CHAIRMAN. It is now in pects of the media campaign. The Acting CHAIRMAN. Pursuant to order to consider amendment No. 7 The Acting CHAIRMAN. Pursuant to House Resolution 268, the gentleman printed in House Report 109–76. House Resolution 268, the gentleman from Virginia (Mr. GOODLATTE) and the AMENDMENT NO. 7 OFFERED BY MR. GOODLATTE from Maryland (Mr. WYNN) and a Mem- gentleman from Virginia (Mr. SCOTT) ber opposed each will control 5 min- Mr. GOODLATTE. Mr. Chairman, I each will control 10 minutes. utes. offer an amendment. The Chair recognizes the gentleman The Acting CHAIRMAN. The Clerk The Chair recognizes the gentleman from Virginia (Mr. GOODLATTE). from Maryland (Mr. WYNN). will designate the amendment. Mr. GOODLATTE. Mr. Chairman, I The text of the amendment is as fol- Mr. WYNN. Mr. Chairman, I yield yield myself such time as I may con- lows: myself such time as I may consume. sume. I think it is very laudable that we Amendment No. 7 offered by Mr. GOOD- I rise to offer an amendment to crack are taking up the issue of gun violence LATTE: Page 22, after line 3, insert the following: down on gangs comprised of illegal and gang violence. This is a problem aliens, such as MS–13, which Newsweek SEC. 116. CRIMES OF VIOLENCE AND DRUG that affects just about every commu- recently called ‘‘the most dangerous nity; and I think this bill, while I do CRIMES COMMITTED BY ILLEGAL ALIENS. gang in America.’’ not agree with all of its approaches, (a) OFFENSES.—Title 18, United States In my congressional district alone, certainly has merit. It relies in signifi- Code, is amended by inserting after chapter we have recently witnessed a dis- cant part on mandatory minimum sen- 51 the following new chapter: turbing rise in the level of gang activ- tences. Some people will say we have ‘‘CHAPTER 52—ILLEGAL ALIENS ity as well as the number of illegal gone too far. The point is with manda- ‘‘Sec. aliens participating in this gang activ- tory minimums, you have two aspects: ‘‘1131. Enhanced penalties for certain crimes ity. The FBI has recognized the exist- one, the punitive aspect. We will get committed by illegal aliens. ence of at least six separate gangs in bad actors off the street. The second the Shenandoah Valley, with the larg- aspect is deterrence. People being ‘‘§ 1131. Enhanced penalties for certain crimes committed by illegal aliens est being the notorious Salvadoran aware of mandatory minimums will ‘‘Whoever, being an alien who is unlawfully gang Mara Salvatrucha, or MS–13. MS– not, in fact, do the crime. In the in- present in the United States, commits, con- 13 is known for such heinous crimes as stance of a 30-year mandatory min- spires or attempts to commit, a crime of vio- shootings, rapes and machete attacks, imum sentence for murder, for sexual lence (as defined in section 16) or a drug traf- among others, and is estimated to have assault, for maiming, this is designed ficking offense (as defined in section 924), to discourage people from engaging in shall be fined under this title and sentenced over 1,500 members in northern and this conduct. to not less than 5 years in prison. If the de- northwestern Virginia alone. My amendment would simply author- fendant was previously ordered removed The number of gang members and ize the Attorney General to engage in a under the Immigration and Nationality Act violent criminals who are illegal aliens media campaign to let people know on the grounds of having committed a crime, and who have been previously deported the defendant shall be sentenced to not less is staggering. Recently, at the Immi- about these new mandatory minimums than 15 years in prison . A sentence of im- so that we can, in fact, have a deter- gration, Border Security, and Claims prisonment imposed under this section shall Subcommittee, Commonwealth’s At- rent effect. run consecutively to any other sentence of torney Marsha Garst of Rockingham b 1530 imprisonment imposed for any other crime.’’. County, Virginia, testified that illegal The deterrence requires a certain (b) CLERICAL AMENDMENT.—The table of aliens make up 50 percent of the mem- knowledge of the consequences of one’s chapters at the beginning of part I of title 18, bership of MS–13 and 75 percent of the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9183 membership of another gang in that participate in gang activities and who amendment if this idea occurred to area, Surenos 13. have already shown they will commit him during the time that we considered According to the FBI, MS–13 is a violent crimes and drug-trafficking of- the bill in the Committee on the Judi- highly sophisticated gang of illegal and fenses. With stiff new penalties, we can ciary? Because I have never heard of previously deported aliens that is com- deter these gang members from re-en- this before. mitted to national expansion in the tering the United States with the in- Mr. GOODLATTE. Mr. Chairman, United States and is built on a infra- tention of joining or resuming violent will the gentleman yield? structure which transports new mem- gang activities. Mr. CONYERS. I yield to the gen- bers or previously deported members Specifically, my amendment would tleman from Virginia. across our borders with the intention add 5 years of prison time to any sen- Mr. GOODLATTE. Mr. Chairman, and plan to expand their activities into tence for violent crimes or drug-traf- this is something that has been dis- new communities and enrich them- ficking offenses when the violator is an cussed since the committee acted and selves all at the expense of our commu- illegal alien. It will also add 15 years of passed the legislation out, but we felt nities and our law-abiding neighbors. prison time to any such sentence if the very strongly that this would be a good Make no mistake about it: MS–13 is illegal alien had been previously de- addition to the legislation because of committed to a war by invading and ported on the grounds of a criminal of- the fact that so many of these gang taking over our communities, and de- fense and had re-entered the country. members are illegal aliens who have re- portation means nothing to them be- In addition, the amendment would re- entered the country after already hav- cause they simply return to our coun- quire the Department of Homeland Se- ing been deported and having com- try with yet another new identity, curity to send all the names of individ- mitted crimes earlier. Something needs crossing our borders without any res- uals who are subject to deportation or- to be done more than simple deporta- ervation and resuming their illegal ac- ders or who have signed voluntary de- tion when they come right back in and tivities, terrorizing our communities portation orders to the National Crime commit more crimes. without fear of harsh punishment. Information Center, the NCIC, so that Mr. CONYERS. Mr. Chairman, re- It is now time for us to disable MS– information on illegal alien gang mem- claiming my time, but we are trying to 13 and its vicious cycle of violence. My bers can be more easily accessed. get rid of criminals from coming into amendment does just that. It gives law We must shut down this revolving the country, and what the gentleman is enforcement the ability to tack on door of criminal illegal aliens. It is doing in this amendment is keeping more severe punishments rather than time to say to them, if they come here them in the country. In other words, simply returning MS–13 members to El illegally and commit a gang crime, deporting them is not good enough. We Salvador or other countries where they they will do the time. Our children and want to keep them in our prison sys- will turn around and sneak right across our communities deserve nothing less. tems, which now house more citizens, our borders once again. If faced with a This amendment will give law en- and now, we are adding noncitizens to choice of putting these gang members forcement additional tools in the fight the population of those incarcerated in in jail or deporting them and having against some of the most vicious gangs America. And I have some reservations in America and will help deter violent them return, the choice is clear: We about piling it on. We have never criminals from entering the country to must incarcerate them and bring free- talked about this position before in the join gangs. dom back to our neighborhoods. I urge my colleagues to support this subcommittee or full committee of the The growth in illegal alien participa- commonsense amendment. Committee on the Judiciary. tion gangs is not limited to Virginia or Mr. Chairman, I reserve the balance Mr. Chairman, I thank the gentleman just to MS–13. Across the Nation, the of my time. for yielding me this time to make that number of illegal aliens joining gangs Mr. SCOTT of Virginia. Mr. Chair- observation. and the number of gang members who man, I yield myself such time as I may Mr. GOODLATTE. Mr. Chairman, I have re-entered the country after de- consume. yield myself 30 seconds. portation is alarming. According to the Mr. Chairman, I want to remind the Mr. Chairman, the fact of the matter testimony of Heather MacDonald of the House that it is already illegal to mur- is that this has a great deterrent ef- Manhattan Institute, a confidential der, rape, kidnap, cut off hands with fect. When the word gets out that they California Department of Justice study machete attacks, conspiracy to do any come back into this country and they reported in 1995 that 60 percent of the of those acts. We lock people up for get arrested after they have been de- 20,000-strong ‘‘18th Street gang’’ in that. In fact, since we are talking ported and they are going to do serious Southern California was illegal. Immi- about immigrants, one in 27 Hispanic time in the slammer, they are not as gration and Customs Enforcement con- males 25 to 29 are in jail today already. likely to come back. And with the ef- servatively puts the number of illegal Those are crimes. They are doing the forts that are ongoing with the REAL aliens in MS–13 as a majority. Sixty time. Also, for those who are crossing ID Act, we are going to keep a lot of percent of the leadership of the ‘‘Co- State lines and all that, we have RICO, these people out of the country with lombia Lil’ Cycos’’ gang, which uses Continuing Criminal Enterprise. That that method, and we are going to find murder and racketeering to control the is already the law. them when they come into the country drug market around Los Angeles’ Mac- But this amendment just adds insult. and try to get driver’s licenses. But Arthur Park, consisted of illegal aliens And let us be clear: Second-offense fist when they do, they need to know that in 2002. And according to the Los Ange- fight by a bunch of kids, under the bill, they are going to face serious time. les Times, the Los Angeles Department is 10 years mandatory minimum. This Mr. Chairman, I yield 21⁄2 minutes to arrests about 2,500 criminally con- adds 5 years to the 10-year mandatory the gentleman from Virginia (Mr. victed deportees annually. Let me minimum for second-offense fist fight- WOLF), a real leader in the war against make that clear: Annually, the Los An- ing. I think that is excessive. If the fist gangs in America. geles Police Department estimates fight deserves more time, the Sen- Mr. WOLF. Mr. Chairman, I rise in that 2,500 of the people that they arrest tencing Commission can deal with support of this amendment. Let me each year have already previously com- that. I would hope that we would de- read an article from the Washington mitted a crime and already previously feat the amendment. Post, ‘‘In what officials suspect is the been deported, and they have come Mr. Chairman, I yield such time as he latest horror committed by gangs, 28 back into the country, and 2,500 of may consume to the gentleman from people, including six children, were them are arrested yet again. Michigan (Mr. CONYERS), the ranking killed December 24 when gunmen My amendment would help to stop member of the Committee on the Judi- opened fire on a bus full of passengers the entry and re-entry of gang mem- ciary. near the northern Honduran city of bers into the country by imposing Mr. CONYERS. Mr. Chairman, could San Pedro Sula.’’ Twenty-eight indi- strict penalties on illegal aliens who I ask the distinguished author of this viduals, six of them were children.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9184 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Another article said there was a re- other governments pay for it. Do not ginia, recent gang victims have been quest by the presidents of four Central end up in press conferences with this hacked by machetes and had fingers American countries for help in gang administration, the head of our govern- cut off. In May 2004, a 16-year-old boy battles. The request came as U.S. au- ment’s Members of Congress, working in Fairfax County had several fingers thorities revealed that they had issued out all kinds of arrangements with chopped off in an attack by a machete- an alert for the suspected mastermind these governments to help them in so wielding assailant. A week later, a 17- of the killing of these 28 people near many ways, whether it is trade, foreign year-old youth was shot dead in Hern- San Pedro Sula. The individual is a assistance or 909 other ways that we don by an assailant on a bicycle. In suspected member of the MS–13 gang help them. Make them keep their July 17, 2003, in Shenandoah County, and may have already entered the criminals at home. Virginia, MS–13 gang members vio- United States illegally. b 1545 lently murdered a 17-year-old pregnant The gentleman is right. That indi- Federal witness, Brenda Paz, before she Penalize them if they do not. Do not vidual who was involved in the killing could testify in a pending Federal trial charge the American taxpayer. of 28 individuals in San Pedro Sula in Mr. GOODLATTE. Mr. Chairman, it in the Eastern District of Virginia Honduras was arrested in McAllen, is my pleasure to yield 1 minute to the against MS–13. Texas, coming back into the country Send these guys to jail when they gentleman from Wisconsin (Mr. SEN- after killing 28 people. come back into this country after SENBRENNER), the chairman of the I think the gentleman’s amendment Committee on the Judiciary. being deported. I urge my colleagues to is exactly right on target. There are Mr. SENSENBRENNER. Mr. Chair- support the amendment. many cases whereby they come back man, I am sure the President of Hon- Mr. SCOTT of Virginia. Mr. Chair- into the country and commit violent duras would have loved to have kept man, I yield myself such time as I may crimes after having committed violent the person who killed the 26 people in consume. crimes down in El Salvador. But 28 peo- his country there and tried him and Mr. Chairman, I just want to remind ple in that little village in that town of punished him there; but the fact of the the House that it is illegal to chop off San Pedro Sula, and then the man is matter is, the borders are leaky. Some fingers and you will be given more time arrested not in Honduras but up here in of us have been trying to ensure the se- than this bill will provide. Murdering Texas. curity of the borders through various 28 people is also already illegal, wheth- With that, I just urge Members to measures, like the REAL ID Act, which er this bill passes or not. strongly support the amendment. It is has been signed. I would hope that that But this amendment just adds insult very good. concern would spread as we deal with to injury. If a child comes into the Mr. SCOTT of Virginia. Mr. Chair- other immigration matters such as the country because his parents snuck into man, I yield 2 minutes to the gentle- numbers of border patrol people that the country to work, this bill, the un- woman from California (Ms. WATERS). we need to put on the border. derlying bill provides for a 10-year Ms. WATERS. Mr. Chairman, I rise in I support this amendment because it mandatory minimum for a fist -fight. opposition to this amendment. And I creates enhanced penalties for illegal This just adds 5 more years of insult. am surprised that my friend would pro- aliens or those ordered deported on the I would hope we defeat the amend- pose that we increase the amount of grounds of having committed a crime ment. money that taxpayers are paying for who subsequently commit a crime of Mr. Chairman, I yield back the bal- incarceration to now expand it to ille- violence or a drug-trafficking crime. ance of my time. gal aliens who commit crimes, leave An illegal alien who commits a drug- The Acting CHAIRMAN (Mr. the country and come back in. Where trafficking crime or crime of violence LAHOOD). The question is on the are we going to get all of this money? would receive a consecutive sentence of amendment offered by the gentleman We have one of the highest incarcer- 5 years, and an alien who previously from Virginia (Mr. GOODLATTE). ation rates of any nation in the entire has been deported for a crime and sub- The question was taken; and the Act- world. And we are spending a dis- sequently commits a crime of violence ing Chairman announced that the ayes proportionate amount of money on in- or a drug trafficking crime would re- appeared to have it. carceration. ceive a consecutive sentence of 15 Mr. GOODLATTE. Mr. Chairman, I I submit to my colleagues that I years. In addition, the amendment demand a recorded vote. think deportation is the answer, but would require the Department of The Acting CHAIRMAN. Pursuant to have they thought about the fact that Homeland Security to provide the Na- clause 6 of rule XVIII, further pro- they should place the responsibility on tional Crime Information Center with ceedings on the amendment offered by keeping these criminals out of the information on illegal aliens. the gentleman from Virginia (Mr. country on the heads of the leaders of Mr. Chairman, I urge support of the GOODLATTE) will be postponed. those countries? amendment. The Acting CHAIRMAN. It is now in We go right along with the leaders of Mr. GOODLATTE. Mr. Chairman, I order to consider amendment No. 8 these countries on trade agreements, yield myself the balance of my time. printed in House Report 109–76. on foreign assistance, with all kinds of The gentleman from Virginia (Mr. AMENDMENT NO. 8 OFFERED BY MR. NORWOOD assistance to these governments. WOLF) is exactly right, as is the chair- Mr. NORWOOD. Mr. Chairman, I offer I would submit to my colleagues that man. Here we have a Los Angeles an amendment. if they submit the name of everybody Times story: ‘‘Four presidents seek The Acting CHAIRMAN. The Clerk that they deport and they send them help in gang battle. Central American will designate the amendment. back and they say to the leaders of leaders say the groups pose a hemi- The text of the amendment is as fol- these countries, if these people come spheric threat augmented by U.S. de- lows: back, we are going to penalize you in portation of criminals.’’ Amendment No. 8 offered by Mr. NORWOOD: one of several ways that we cooperate You cannot keep sending them back Page 22, line 3, insert the following: with you; again, we have so many ways down there where they have no ability SEC. 116. LISTING OF IMMIGRATION VIOLATORS that we provide assistance to other to handle them and they come right IN THE NATIONAL CRIME INFORMA- countries, and we have got to make back up here and commit more crimes TION CENTER DATABASE. them responsible for keeping their on our citizens. This is an important (a) PROVISION OF INFORMATION TO THE criminals at home. amendment that will give teeth to the NCIC.—Not later than 180 days after the date So I do not like the idea that we have of enactment of this Act, the Under Sec- message: do not come back in the retary for Border and Transportation Secu- a problem and that we are deporting United States. If you do, we are going rity of the Department of Homeland Secu- criminals, and they are coming back, to keep you in the slammer. rity shall provide the National Crime Infor- and we are going to make the Amer- There are many, many examples of mation Center of the Department of Justice ican people pay for it. Make those what illegal aliens have done. In Vir- with such information as the Director may

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9185 have on any and all aliens against whom a The third group, a very important The Acting CHAIRMAN. The time of final order of removal has been issued, any group, are those who have overstayed the gentleman from Georgia has ex- and all aliens who have signed a voluntary their visas. pired. departure agreement, and any and all aliens Essentially, we are dealing with who have overstayed their visa. Such infor- Mr. SCOTT of Virginia. Mr. Chair- mation shall be provided to the National those who our government says should man, I claim the time in opposition. Crime Information Center regardless of not be here, those who have themselves The Acting CHAIRMAN. The gen- whether or not the alien received notice of a said they should not be here, and those tleman from Virginia is recognized for final order of removal and even if the alien who are overstaying their permission 5 minutes. has already been removed. to be here. Mr. SCOTT of Virginia. Mr. Chair- (b) INCLUSION OF INFORMATION IN THE NCIC This first category, visa overstays, is man, I yield myself such time as I may DATABASE.—Section 534(a) of title 28, United the difference between the language in States Code, is amended— consume. (1) in paragraph (3), by striking ‘‘and’’ at my amendment and that of the pre- Mr. Chairman, I rise in opposition be- the end; vious one offered by my good friend, cause we have not studied this. This (2) by redesignating paragraph (4) as para- the gentleman from Virginia (Mr. issue did not come before the com- graph (5); and GOODLATTE), who incorporated much of mittee. We do not know anything (3) by inserting after paragraph (3) the fol- my language into his good amendment; about the accuracy of the data that lowing: and I applaud him for that. may be circulated. We do not know ‘‘(4) acquire, collect, classify, and preserve Lest my colleagues forget, this final what it is going to cost. And we par- records of violations of the immigration laws category, those who overstay their of the United States, regardless of whether ticularly do not know whether or not visas, has given us some of the most this is a good cost-effective way of pro- or not the alien has received notice of the heinous criminals recently. The chief violation and even if the alien has already viding homeland security. For exam- been removed; and’’. planner of the 9/11 attacks, Mohammed ple, this will do nothing to prevent an Atta, overstayed his visa, along with a The Acting CHAIRMAN. Pursuant to Oklahoma bombing, where the problem number of other hijackers. was domestic. House Resolution 268, the gentleman Sheik Omar Rahman, the spiritual from Georgia (Mr. NORWOOD) and a If we are going to spend money in leader of the World Trade Center bomb- homeland security, we ought to put it Member opposed each will control 5 ers and the plot to attack New York minutes. where it is most needed. We have not City landmarks, overstayed his visa, The Chair recognizes the gentleman studied to determine whether this is among other immigration violations. from Georgia (Mr. NORWOOD). the best use of the money or not. Mahmud Abouhalima entered on a Mr. NORWOOD. Mr. Chairman, I Therefore, Mr. Chairman, I would hope yield myself such time as I may con- tourist visa in 1985, which expired in the spring of 1986. He was given perma- we would not pass this amendment. sume. Mr. Chairman, I yield 1 minute to the nent residence in 1988 as part of an am- Mr. Chairman, the purpose of my gentleman from Georgia (Mr. NOR- amendment is to require the Depart- nesty for agriculture workers. There was no evidence, however, that he was WOOD). ment of Homeland Security within 6 Mr. NORWOOD. Mr. Chairman, the months to get information on a num- ever an agriculture worker. He made several trips to Afghanistan where he gentleman is very kind. ber of types of criminal illegal aliens Mr. Chairman, I will tell you the received combat training. He was im- into the National Crime Information NCIC system works. After 61⁄2 years, it plicated as a lead organizer in the 1993 Center. This makes sense for law en- is overdue time we tried to do some- forcement, it makes sense if you are plots to bomb New York landmarks. Mohammed Salameh entered on a 6- thing about the visas. going to go after the gang problem, and I will take just a minute to thank it even makes sense to address our ille- month tourist visa issued in Jordan in 1988. He should never have qualified for the chairman of the Committee on the gal immigration problem. Judiciary for a great bill. I appreciate The NCIC is a computerized index of the visa by law as he fit the profile of intending immigrant. He rented the so much his support in this, as well as criminal justice information available the support of the gentleman from Vir- to the Federal, State, local law en- truck in the 1993 WTO bombing. ginia (Mr. GOODLATTE) and the gen- forcement, and other criminal justice Eyad Ismoil entered on a student visa in 1989, left school after three se- tleman from Virginia (Mr. WOLF) and agencies. It is operational 24 hours a all their good work. We are finally, fi- day, 365 days a year. This information mesters, violating the terms of his visa, and became an illegal alien. He nally trying to do something about helps apprehend fugitives, locates this terrible problem of illegal immi- missing persons or property, and pro- later drove the World Trade Center van grants. tects law enforcement officers. All full of explosives. More facts about visa overstays that Mr. SCOTT of Virginia. Mr. Chair- records in NCIC are protected from un- man, I yield myself such time as I may authorized access. might startle folks a little bit: at least consume. Mr. Chairman, I would say to my col- 40 percent of the noncitizens who stay Mr. Chairman, I hope we defeat the leagues, there should be no fear in in the United States illegally, and per- amendment. As I said, it may or may using this database to get this vital in- haps more than half, did not sneak not, we do not know, be a cost-effective formation into the hands of law en- across the border. Visa overstays were use of the taxpayers’ money. forcement. It is a good system. It is a described as a ‘‘disturbing and per- Mr. Chairman, I yield back the bal- tested one. sistent problem’’ in a report by the Under my amendment, information Justice Department’s Inspector Gen- ance of my time. on three types of aliens would be in- eral. The Acting CHAIRMAN. The ques- cluded in the National Crime Informa- Now, here is the punch line. This was tion is on the amendment offered by tion Center: first, those aliens with a all written on November 8, 1998, in the the gentleman from Georgia (Mr. NOR- final order of removal issued against Dallas Morning News, nearly 3 years WOOD). them. These are absconders who are before the attacks of 9/11, and approxi- The amendment was agreed to The Acting CHAIRMAN. It is now in flagrantly violating our laws. mately 61⁄2 years ago. This visa over- Recent estimates, remember that stay language is therefore key to this order to consider amendment No. 9 word ‘‘estimates,’’ recent estimates say amendment and key to our safety and printed in House Report 109–76. that there are over 400,000 in our coun- security. AMENDMENT NO. 9 OFFERED BY MR. NORWOOD try today. Of this number, approxi- This amendment is necessary. This Mr. NORWOOD. Mr. Chairman, I offer mately 85,000 are criminal aliens. I do language regarding visa overstays an amendment. not mean jaywalkers either. I mean makes us safer. I urge my colleagues to The Acting CHAIRMAN. The Clerk murderers, rapists, and pedophiles. support this amendment. will designate the amendment. Second, there are those who signed a Mr. Chairman, I reserve the balance The text of the amendment is as fol- volunteer deportation order. of my time. lows:

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9186 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Amendment No. 9 offered by Mr. NORWOOD: members in the Nation, there are no Mr. SCOTT of Virginia. Mr. Chair- Page 22, after line 3, insert the following: firm estimates on how many of these man, I yield such time as she may con- SEC. 116. STUDY. gang members are aliens and how sume to the gentlewoman from Cali- The Attorney General and the Secretary of many are citizens.’’ His point should fornia (Ms. WATERS). Homeland Security shall jointly conduct a not go unaddressed. Ms. WATERS. Mr. Chairman, allow study on the connection between illegal im- So we again are saying today that me to shock the Members on the oppo- migration and gang membership and activ- our porous borders are a problem for ity, including how many of those arrested site side of the aisle and join with them nationwide for gang membership and vio- our citizens. This time it is crime, in support of this amendment. lence are aliens illegally present in the sometimes deadly in our neighborhoods Mas vale tarde que nunca. It means, United States. The Attorney General and the and streets. Despite this very clear better late than never. And while my Secretary shall report the results of that link between gangs and illegal aliens, colleague here, the gentleman from study to Congress not later than one year there is not a study that I located any- Virginia (Mr. SCOTT), is absolutely cor- after the date of the enactment of this Act. where that addresses this issue. rect, we have put the cart before the The Acting CHAIRMAN. Pursuant to b 1600 horse, I suppose it is never too late to House Resolution 268, the gentleman try and correct our errors. I think that it is long past due for from Georgia (Mr. NORWOOD) and a I do think that we should have been Member opposed each will control 5 that to change. involved in studies a long time ago. We People say that addicts have to first minutes. are basically forever speculating and admit that they have a problem before The Chair recognizes the gentleman coming up with anecdotes without a they can move on and get help. This from Georgia (Mr. NORWOOD). basis of facts for our decisions. So I am study is a good way for us to finally Mr. NORWOOD. Mr. Chairman, I hopeful that we will get the support of admit that we have a major problem yield myself such time as I may con- our colleagues in this Congress so that and seek ways then to correct the prob- sume. we can study. lem. I hope that we will not take too Mr. Chairman, I point to the previous While this is limited to the link be- long to seek that help, and I would be amendment where we talked about es- tween illegal aliens and gang member- happy to assist with a solution, be- timates a little bit. Well, this is deal- ship, we need more studies on gangs, cause it is an issue that I have worked ing with estimates. This amendment period. We need to find out, number on and been very interested in for a would simply require a study con- one, where the young people are com- ducted jointly by the Department of long time. I urge my colleagues to adopt this ing from. What is it about gang mem- Homeland Security and the Depart- amendment and help us finally get the bership that entices them to want to be ment of Justice on the link between il- facts about the nationwide scope of a part of that gang? What are their legal aliens and gang membership. Sur- what we are dealing with in terms of il- parents like? Are they the children of prisingly, despite the overwhelming legal aliens and gang membership. those who are already incarcerated? If agreement from all parties that the Mr. Chairman, I reserve the balance we had an opportunity to support them two are linked, there is no comprehen- of my time. getting back into school, moving out of sive report anywhere that we can find Mr. SCOTT of Virginia. Mr. Chair- neighborhoods, et cetera, what would on this topic. It is time for that to man, I rise to claim the time in opposi- happen? change. tion, and I yield myself such time as I So, again, even though this is a little Congressional testimony on April 13 may consume. late in coming, I do support the amend- of this year produced some important I would just say, this is interesting ment, and I ask for an aye vote. anecdotal evidence of the need of this timing of the amendment, because we Mr. NORWOOD. Mr. Chairman, will sort of data. Before the Committee on just passed the Goodlatte amendment, the gentlewoman yield? the Judiciary Subcommittee on Immi- and now we are going to study, I guess, Ms. WATERS. I yield to the gen- gration, Marsha Garst offered some whether or not we should have passed tleman from Georgia. statistics in relation to some problems it because, as the gentleman from Mr. NORWOOD. Mr. Chairman, I in the Shenandoah Valley of Virginia. Georgia has indicated, we do not know would just like to thank the gentle- She indicated the gangs there are near- the link between illegal aliens and woman. I hope this will be, and I think ly 75 percent composed of illegal aliens. gang membership, and so we have to it should have bipartisan support, and I She also related that a number of the study it. We just passed an amendment am going to call for a vote, because I illegal alien gang members had been to add 5 years mandatory minimum to believe most of us will vote for this. previously deported, proving that we sentences if a couple of them get into a Ms. WATERS. Mr. Chairman, re- are not doing our job on the borders. fist fight. So I guess it is nice to know claiming the time, I would hope that A second witness at the same hearing whether we should have passed it or the gentleman would also support the was Heather MacDonald of the Manhat- not, but I just want to point out that it idea of a broader study on gangs, pe- tan Institute. She has research that is is an interesting place to consider this riod, and that we could identify a num- helpful to this subject, but somewhat amendment. ber of areas to be looked at. Would the out of date. She indicated that a con- Mr. Chairman, I reserve the balance gentleman be interested in that at fidential California Department of Jus- of my time. some point in time? tice study from 1995 said that 60 per- Mr. NORWOOD. Mr. Chairman, in Mr. NORWOOD. Mr. Chairman, if the cent of the 20,000-member 18th Street conclusion, I will simply say to my gentlewoman will yield, I am inter- Gang in Southern California are ille- friend, the gentleman from Virginia ested in doing anything I know we can gal. Also, that the leadership of the Co- (Mr. SCOTT) that this is not an amend- do to stop gang violence in this coun- lombian Lil’ Cycos Gang, who control ment that justifies or does not justify try. It is time we brought it to an end, some markets in L.A., was about 60 the previous amendment. This is an ef- and of course, I am interested in any- percent illegal in 2002. ICE officials put fort to get the facts on what we al- thing about that that might head that the number of illegals among MS–13 ready know. If you ride around at all, off. members at simply ‘‘a majority.’’ you do not have to go very far to deter- Ms. WATERS. Mr. Chairman, I thank We need to do better than just know mine what the problem is in this coun- the gentleman. ‘‘a majority.’’ If you are not convinced, try. Mr. SCOTT of Virginia. Mr. Chair- just listen to my friend and colleague, I ask all of our colleagues on both man, I yield myself such time as I may the gentleman from Indiana (Mr. sides of the aisle to vote to help pro- consume. HOSTETTLER), who is the Subcommittee tect this country from illegal immi- Having heard the distinguished views on Immigration chairman. He indi- grants. from my friend, the gentlewoman from cated in his statement: ‘‘While there Mr. Chairman, I yield back the bal- California (Ms. WATERS) and the gen- are an estimated 750,000 to 800,000 gang ance of my time. tleman from Georgia (Mr. NORWOOD), I

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9187 am convinced that the amendment is crowding and the need for the creation of violence, violent crimes in aid of well taken, however misplaced in time. of more prisons. Increasing prison pop- racketeering activity, murder or other We should have considered this before ulations is not the solution to the pre- violent crimes committed by drug traf- the gentleman from Roanoke, Virginia, vention of crime in our communities, fickers and multiple interstate mur- but as my colleague has said, better even communities infested with gang derers. late than never. crime. These people belong in jail. Just lis- Mr. Chairman, I yield back the bal- Mr. Chairman, mandatory minimums ten to the types of crimes that the ance of my time. also impede on the role of our judges. mandatory minimums and enhanced The Acting CHAIRMAN (Mr. We need to let judges be judges and en- penalties apply to. LAHOOD). The question is on the sure that they have the discretion to When considering this amendment, it amendment offered by the gentleman sentence criminal defendants in a man- is important to recognize just how from Georgia (Mr. NORWOOD). ner that takes into account all of the much of a problem gangs represent The question was taken; and the Act- facts and circumstances that are pre- today. Just take the City of Chicago. ing Chairman announced that the ayes sented before them. Clearly, this must The U.S. Attorney for Northern Illi- appeared to have it. include an evaluation of any miti- nois, Patrick Fitzgerald, testified and Mr. NORWOOD. Mr. Chairman, I de- gating circumstances, such as the de- described the gang problem in Chicago: mand a recorded vote. fendant’s childhood experience, espe- ‘‘It is easy to underestimate the grip The Acting CHAIRMAN. Pursuant to cially if the defendant is a juvenile; the that gangs have on some of our cities, clause 6 of rule XVIII, further pro- mental state of the defendant; the role but the sad reality is that their grip on ceedings on the amendment offered by that the defendant played in the com- urban life is lethal. First, the sheer the gentleman from Georgia (Mr. NOR- mission of the crime; the mental ca- number of gang members is staggering. WOOD) will be postponed. pacity of the defendant; the crime com- In Chicago alone, there are estimated The Acting CHAIRMAN. It is now in mitted; whether force or a firearm was to be 70,000 to 100,000 gang members, order to consider Amendment No. 10 used during the commission of the compared with about 13,000 Chicago po- printed in House report 109–76. crime; and whether a victim lost his or lice officers. Several ‘‘super gangs’’ AMENDMENT NO. 10 OFFERED BY MS. WATERS her life and was seriously maimed as a dominate: The Gangster Disciples, the Ms. WATERS. Mr. Chairman, I offer result of the crime. The mandatory Black Disciples, the Vice Lords, the an amendment. minimums under H.R. 1279 would make Black P Stones, the Mickey Cobras, The Acting CHAIRMAN. The Clerk it impossible for trial judges to fairly the Latin Kings, the Spanish Cobras, will designate the amendment. and fully evaluate the cases before the Maniac Latin Disciples and the The text of the amendment is as fol- them, because these sections overreach Satan Disciples. All of these gangs con- lows: into the State court’s authority and re- trol large amounts of territory, engage Amendment No. 10 offered by Ms. WATERS: move the judge’s sentencing discretion. in large-scale drug trafficking and use Strike section 102. Mr. Chairman, to be tough on gangs, gun violence to control their territory Strike section 103. we must focus more on gang crime pre- and drug trade.’’ Strike section 104. vention. We need to implement more Unfortunately, my colleagues ignore Strike section 105. effective prevention tactics that focus the practical reality of this problem by Strike section 106. on both individuals at risk of joining trying to take away new and valuable Strike section 107. gangs and on former gang members at tools for law enforcement and prosecu- The Acting CHAIRMAN. Pursuant to risk of rejoining a gang after being re- tors such as mandatory minimum pen- House Resolution 268, the gentlewoman leased from prison. Also, educational alties. from California (Ms. WATERS) and a and rehabilitation programs for com- U.S. Attorney Fitzgerald again ex- Member opposed each will control 10 munities with gangs that have a high plained, ‘‘It is important to maintain minutes. crime rate need to be implemented. We heavy penalties on gang members, par- The Chair recognizes the gentle- should focus our attention on what ticularly higher-echelon members and woman from California (Ms. WATERS). works. those engaging in violence, to deter Ms. WATERS. Mr. Chairman, I yield I urge all of my colleagues to please violent activity and to leverage co- myself such time as I may consume. support my amendment and to strike operation from gang members who are I rise in support of my amendment. all of the mandatory minimum sen- already conditioned to understand they Mr. Chairman, the gentleman from Vir- tences included in H.R. 1279. will do some prison time but often co- ginia (Mr. SCOTT) and I have offered an Mr. Chairman, I reserve the balance operate when faced with heavier prison amendment that would strike all of the of my time. time. Cases against gangs proceed most mandatory minimum sentences in H.R. Mr. SENSENBRENNER. Mr. Chair- effectively when the heavy penalties 1279, the Gang Deterrence and Commu- man, I rise in opposition to the amend- cause key members of the gang to work nity Protection Act. The mandatory ment. with authorities to dismantle the orga- minimum sentencing requirements The Acting CHAIRMAN. The gen- nization. Ultimately, severe sentencing found in sections 102, 103, 104, 105, 106 tleman from Wisconsin (Mr. SENSEN- of gang members results more quickly and 107 are simply not the answer to BRENNER) is recognized for 10 minutes. in greater freedom for the community gang deterrence. Mr. SENSENBRENNER. Mr. Chair- victimized by the gangs.’’ Mr. Chairman, all of us know that man, I yield myself such time as I may Heavy penalties mean more coopera- mandatory minimum sentencing has consume. tion to people on the fringes. Manda- not worked, and it does have a huge This amendment would essentially tory minimum penalties and heavier disproportionate impact on minorities. strip the bill of vital and necessary sentences result in more quickly and Just to name a few statistics, African- weapons that prosecutors and law en- greater freedom for the community Americans only comprise 12 percent of forcement need to win the war against victimized by the gangs. This amend- the United States population; however, violent gangs. In particular, and I ask ment is the anti-community freedom they comprise a staggering 58 percent that everyone pay close attention to amendment and should be defeated. of all prisoners incarcerated under Fed- this, the amendment would eliminate Mr. Chairman, I reserve the balance eral mandatory minimum sentences. increased penalties and mandatory of my time. There is something wrong with this minimum penalties for the following Ms. WATERS. Mr. Chairman, I yield picture. crimes: interstate and foreign travel or 3 minutes to the gentleman from Vir- Mandatory minimums are not even transportation in aid of racketeering, ginia (Mr. SCOTT), the ranking member effective in deterring crime. Their only carjacking and illegal gun transfers to of our subcommittee. proven result is in driving up our pris- drug traffickers or violent criminals, Mr. SCOTT of Virginia. Mr. Chair- on populations, resulting in over- murder for hire or other felony crimes man, I want to remind Members of the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9188 CONGRESSIONAL RECORD—HOUSE May 11, 2005 House that murders are already illegal. the same sentence on offenders when Clearly, in many neighborhoods Intentional murder subjects you to ei- sound policy and common sense call for throughout our country, we have a ther the death penalty or mandatory reasonable differences and punishment. gang violence problem. Yet dramati- life. Racketeering and those other Accordingly, we respectfully request cally increasing prison terms and fail- charges are illegal. The mandatory that the expansion of the Federal ing to fund proven strategies to reduce minimums in the bill apply to second- criminal justice system over juvenile youth violence is exactly what H.R. offense fist fights, and I guess if you offenders be seriously reconsidered, 1279 does. are an illegal immigrant, you get an and that the mandatory minimum sen- Violence in gangs is a critical prob- additional 5 years mandatory min- tences provision in the bill be removed. lem, persistent among low-income and imum. Mr. Chairman, that is exactly what minority communities. Today we see If that is not enough, Mr. Chairman, this amendment does, and I would hope that 95 percent of the largest cities and we have already said that, for those 25 that the amendment would be adopted. 88 percent of the smaller cities are con- to 29 in the African-American commu- Mr. SENSENBRENNER. Mr. Chair- fronted with gang-related crimes. More nity, 1 out of 8 are already in jail man, I yield 2 minutes to the gen- and more younger kids are joining today. Apparently, that is not enough tleman from Virginia (Mr. FORBES). gangs. But no value of hope is given to penalty, and we need to increase it. Mr. FORBES. Mr. Chairman, I just these children seeking a way out of the The Sentencing Commission has wish today that we would hear the gang activity. We must face this re- studied the impact of mandatory min- same passion for the victims of gang ality, rather than hide from it. imum sentences and have found that crimes as we have heard on the other It seems to me that the only solution they not only violate the entire pur- side for those who commit violent gang being offered by this legislation to our pose of the Sentencing Commission, crimes. You know, we have heard a lot juveniles involved in gangs is locking but they are also applied in a racially about the cost of locking up violent them into a life path where there is no discriminatory manner. We also have gang criminals. But I have not heard a way out. Whatever happened to gang found, Mr. Chairman, that the Rand whole lot about the cost of leaving prevention programs, to the funding Corporation has studied mandatory them in our neighborhoods to create desperately needed for delinquency and minimums and found that it is not a more crimes and leave repeated paths intervention programs? cost-effective sentencing scheme. They of victims. If we want to deter gang violence and We just heard about common sense. found that compared to a more intel- protect our communities, we need to Well, let me tell you about common ligent scheme where the more serious focus on effective and comprehensive sense. Common sense is that you are criminals get more time and less seri- solutions to address the root causes of not going to stop these violent gang ous get less time, mandatory mini- youth violence, not simply punitive ac- criminals by giving them a Popsicle mums are less effective in reducing tions. and a hug. You stop them by getting crime. They are also much less effec- Mr. Chairman, passing this bill will them off the streets. tive than drug rehabilitation for drug do nothing to stem the tide of gang vi- penalties. So we have the Rand Cor- Let us make it clear that we do not believe there is any socially redeeming olence throughout this country. What poration designating mandatory mini- this bill will do is worsen our youth’s mums as a waste of the taxpayers’ value for belonging to a violent crimi- nal gang. What mandatory sentences violent behavior by enslaving our money. youngsters into prison as an answer to The Judicial Conference of the do is they set out clearly a policy that one of this Nation’s most critical prob- United States, the Chief Justice of the we say, if you are going to belong to lems, and that is no solution at all. I United States presiding, has written us one of these gangs, you take the con- urge my colleagues to support the a letter saying, not only that trying ju- sequences; that if you commit one of Waters-Scott amendment and to op- veniles as adults is bad policy but also these gang crimes, you are going to pose the underlying bill. the mandatory minimums, and they pay a price. You cannot just roll the Mr. SENSENBRENNER. Mr. Chair- have maintained opposition to manda- dice. man, I yield 2 minutes to the gen- tory minimums since 1953. They write: Now, our opponents will tell you it is tleman from Washington (Mr. The reason is manifest. Mandatory already illegal to do some of these acts. REICHERT minimums severely distort and damage They miss the point. Our whole pur- ). Mr. REICHERT. Mr. Chairman, I am the Federal sentencing system. Manda- pose is to keep those acts from being a cop. I wear a congressional pin, but I tory minimums undermine the sen- committed in the first place by getting always will live and breathe and think tencing guideline regime Congress so rid of the gang networks. They believe, like a cop. carefully established in the Sentencing they have argued here the way you do I have worked the streets for 33 Reform Act of 1984 by preventing the that is by giving arts and crafts to years. Up until January 3 of this year rational development of guidelines members of these violent gangs. We I was a police officer. In the early 1990s, that reduce unwanted disparity and just respectfully disagree. gangs were a huge problem in this provide proportionality and fairness. We believe that the way you do it is by bringing down the criminal gang country; and we worked hard and b 1615 networks and the criminal gang lead- passed local tough laws to address the Mandatory minimums also destroy ers. Mandatory sentences do that by gang issue. And we had success. The honesty in sentencing by encouraging giving those individuals who commit crackdown by cops across the Nation in charge and fact plea bargains. In fact, gang crimes a choice. They can either the early 1990s did break the backs of the U.S. Sentencing Commission has spend a long time in jail, or they can gang activity. And today we need documented that mandatory mini- help us bring down the networks that tough laws to continue fighting gang mums have the opposite of their in- are praying on our communities. violence and the resurgence of gang ac- tended effect. Far from fostering cer- Mr. Chairman, I hope we will reject tivity. tainty in punishment, mandatory mini- this amendment and will pass the bill. These gangs today are more violent. mums result in unwarranted sen- Ms. WATERS. Mr. Chairman, I yield They are committing murders, rapes, tencing disparity. 11⁄2 minutes to the gentlewoman from and robberies. Cops need tough laws to Mandatory minimums also treat dis- New York (Ms. VELA´ ZQUEZ). help them. They need to know that similar offenders in a similar fashion, Ms. VELA´ ZQUEZ. Mr. Chairman, I local governments, State governments, although these offenders can be quite rise in strong opposition to this bill, and the Federal Government is behind different with respect to the serious- which offers no solution to our Na- them with tough laws to help them ness of their conduct or their danger to tion’s gang violence problem, and in break the backs of gangs. society. support of the Waters-Scott amend- A few years ago I lost a good friend, Finally, mandatory minimums re- ment which strikes the mandatory sen- an officer who worked in the Seattle quire the sentencing court to impose tences provisions. area. He stopped his police car, opened

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9189 his car door, stood by the front of his Mr. SCOTT of Virginia. Mr. Chair- would ask my colleagues to please sup- police car, and was approached by man, if you kill a police officer you are port this amendment. three gang members. The job that going to get death or life without pa- The Acting CHAIRMAN. The time of night, the assignment that night by role. If you make any murder in the the gentlewoman from California (Ms. these gang bangers, kill a cop. And Federal system you are looking at life. WATERS) has expired. they did. They fired the bullet into the If you are talking about the impact of Ms. WATERS. Mr. Chairman, does cop’s head, and he died. this bill, it is a 10-year mandatory min- the gentleman from Wisconsin (Mr. Mr. Chairman, I urge my colleagues imum for second-offense fist fights. SENSENBRENNER) have any more time, to pass this bill and protect the lives of We have been asked where our com- because I wish to make a statement on citizens of this great country. passion is for the victims. We have got this bill prior to the close of debate. Mr. Chairman, I am a cop. I wear a Con- mandatory minimums where you al- The Acting CHAIRMAN (Mr. gressional pin, but I will always think like a ready know that it violates common LAHOOD). The gentleman from Wis- cop, live and breathe as a cop. sense, it wastes the taxpayers money, consin (Mr. SENSENBRENNER) has 2 min- I have chased these gangs, I have worked it fails to do anything about reducing utes remaining. to shut down these groups and these were not crime. That is what the studies have Mr. SENSENBRENNER. Mr. Chair- innocent children. I absolutely believe in pro- shown. Trying juveniles as adults we man, I am pleased to yield one of those tecting our children and giving them a chance, know increases crime. minutes to my friend, the gentlewoman teaching them right from wrong and allowing That is a good question. Where is from California (Ms. WATERS). them to make mistakes. I believe in doing that your compassion for the victims when Ms. WATERS. Mr. Chairman, let me while they are young. We should be educating you are actually increasing crime? We just say this. I am not going to allow our children, teaching them responsibility and know what works to reduce crime. We my amendment to get caught up in the raising them to be better men and women know what polls well, and what we politics of the day. I know that there than we are. need to do is have some compassion for are people who are just salivating for But I believe once that foundation has been common sense and actually enact those this amendment to remain on the floor laid, they are responsible for their actions. It is provisions that will reduce crime. so they can catch Democrats voting for a harsh world and I have seen it first hand. I We know that prevention and early something that they will use in their have watched young women turn to prostitu- intervention work. You know, you can campaigns. tion. I have picked them up from their beats make jokes about it; but we know what Mr. DAVIS of Illinois. Mr. Chairman, I rise and taken them to shelters and tried to help works and we know what polls well. If today in support of the Waters/Scott Amend- them find a way out of that life. I’ve had suc- we are going to show some compassion ment which strikes out all mandatory mini- cess too. But ultimately, they are responsible for our victims, we ought to do some- mums in H.R. 1279. The mandatory minimums for themselves and their choices. I am a com- thing to actually reduce crime. proscribed in this legislation will only result in Ms. WATERS. Mr. Chairman, I yield passionate man, but I firmly believe that re- many young people serving long sentences, at myself such time as I may consume. spect stems from responsibility. And no one— least ten years, based on the circumstances of not you, me, not any of these youths in gangs Mr. Chairman, I think it is important rather than the crime itself. Perhaps it is no are without responsibility. for me to say on behalf of most of the surprise that mandatory minimums have come The members of these gangs consciously Members, if not all of the Members of choose to act out against their communities. the Congress of the United States of under criticism for being discriminatory in na- They dispense the violence; no one forces America, we are all against crime. We ture. The enormous monetary and human costs them to do so. That type of influence is like a do not support criminals. We are in- cancer. These gangs seep into young men deed passionate about victims. We associated with incarceration simply outweigh and women and corrupt them. They erode the want hard-core criminals off the the supposed benefits of the proposed legisla- good of our neighborhoods and destroy lives. streets. tion. It is well known that incarceration costs Our communities need to be safe. In order to What we do not support is using this American taxpayers millions of dollars each be safe, we need to stop this cycle before it terrible issue to get your law and order year, what is not as widely known is that it begins. Mandatory minimums enforce that credentials on. We do not want you also costs millions to reintegrate those re- gang members and their theft, prostitution, using this issue on the backs of young leased from prison back into society. Addition- weapons and drugs will not be tolerated. They people who may be victims of gangs ally, as suggested in the recent Booker deci- will be dealt with to the fullest extend of the rather than criminals themselves. sion, judges often refuse to hand down man- law. Let me just say this: we are against datory minimums if they feel that they are dra- In May of 2001, Des Moines patrol officer mandatory minimum sentencing be- conian. With the proposed changes, we may Steve Underwood was shot to death and killed cause it takes away the discretion of even see juries unwilling to convict an obvi- after approaching a car with four gang mem- the judge. The judge may give more ously guilty defendant if they know that doing bers on a late-night watch along Pacific High- time, given all of the facts. And, yes, so will result in ten years’ imprisonment. Cre- way South. Shot to death simply in approach- they may give less time, given all of ating laws that are likely to go un-enforced will ing the car, this is what we have progressed the facts. not foster faith in the criminal justice system or to. We need to let judges be judges. We help take down gangs. Last night I spoke with King County’s Gang cannot sit here in the Congress of the Mrs. CHRISTENSEN. Mr. Chairman, I rise Detective, Sheila Hatch. In the course of our United States and continue to take in support of the Waters/Scott amendment to conversation, she raised mandatory mini- away the ability of judges to make de- H.R. 1279, the Gang Deterrence and Commu- mums. She said that the only way for our cisions. So I stand here today with this nity Protection Act of 2005. If the Waters/Scott prosecutors to effectively go after gang lead- amendment to say, let the judges make amendment is defeated I would urge my col- ers when the cops manage to bring them the decision. leagues to oppose the underlying bill because down is with a strong penalty. Our laws need You do not know if there is a kid who it broadens the definition of gangs and metes to be effective to stop and make them think of happens to live in a neighborhood that out even harsher punishments for offenses consequence before they commit a crime. The is infested with gang members and that already have very long sentences. cost of their crime sprees should not be simply they must pretend to be in the gang in Mr. Chairman, the Scott/Waters amendment an afterthought. order to survive. Do you want that kid strikes those sections of the bill which set Mr. Chairman, we need mandatory mini- caught up in a situation where they are mandatory minimum sentences. I agree with mums. I am telling you that first hand, as going to be given mandatory minimum the National Association for the Advancement someone who worked on the streets to stop sentencing, when they did not have an of Colored People, (NAACP) who propose that gangs. I urge my colleagues to vote ‘‘no’’ opportunity to have a judge understand by increasing the number of crimes that have against the Waters-Scott amendment. what the extenuating circumstances mandatory minimum sentences, and stiffening Ms. WATERS. Mr. Chairman, I yield were? those sentences, the bill will exacerbate the 1 minute to the gentleman from Vir- I do not think that is good legis- already troubling and offensive racial dispari- ginia (Mr. SCOTT). lating, nor is it good public policy. I ties in the criminal justice system.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9190 CONGRESSIONAL RECORD—HOUSE May 11, 2005 According to Families Against Mandatory sians even they constituted 64.4 percent of The Clerk redesignated the amend- Minimums, such ‘‘sentences are bad regard- crack users. ment. less of the crime because they prevent judges In the 20 years from 1981 to 2001, the sen- RECORDED VOTE from making distinctions between defendants tenced portion of the Federal prison population The Acting CHAIRMAN. A recorded and sentencing them according to their culpa- grew from about 20,000 in 1981 to about vote has been demanded. bility. Instead, mandatory minimums impose 115,000 prisoners. During that same period, A recorded vote was ordered. one-size-fits-all sentencing, which guarantees the percentage of drug offenders in Federal The vote was taken by electronic de- injustices’’ prison grew from 25 percent to almost 60 per- vice, and there were—ayes 266, noes 159, In my district the US Virgin Islands we are cent. Mandatory minimum sentences for drug not voting 8, as follows: crimes are the largest drivers of expanding in the midst of gang violence amongst our [Roll No. 165] young males. Over the years, through various prison populations. AYES—266 preventative programs within our law enforce- Due to harsh sentencing guidelines, such as the ‘three-strikes, you’re out, provision’, a dis- Abercrombie Fitzpatrick (PA) McCaul (TX) ment community and amongst private organi- Aderholt Foley McCotter zations, we have seen a difference in behavior proportionate number of young black and His- Akin Forbes McCrery within our teen population as it pertains to panic men are likely to be imprisoned for life Alexander Fortenberry McHenry conflict resolution. Prevention is truly the best under scenarios in which they are guilty of lit- Bachus Fossella McHugh tle more than a history of untreated addiction Baird Foxx McIntyre cure in this situation not inflexible mandatory Baker Franks (AZ) McKeon minimum sentences and several prior drug-related offenses... Barrett (SC) Frelinghuysen McMorris I urge my colleagues to support the Waters/ States will absorb the staggering cost of not Barrow Gallegly Melancon Scott amendment. only constructing additional prisons to accom- Bartlett (MD) Garrett (NJ) Mica modate increasing numbers of prisoners who Barton (TX) Gerlach Michaud Ms. JACKSON-LEE of Texas. Mr Chairman, Bass Gibbons Miller (FL) I rise in support of the Waters amendment. will never be released but also warehousing Bean Gilchrest Miller (MI) Terrorism is solved with intelligence, preven- them into old age. Beauprez Gillmor Miller, Gary tion not simple mandatory minimums. We all know and are stunned by the stag- Berry Gingrey Moore (KS) gering statistic cited in the September 2002 Biggert Gohmert Moran (KS) Since the enactment of mandatory minimum Bilirakis Goode Murphy sentencing for drug users, the Federal Bureau issue of the journal Racial Issues in Higher Bishop (NY) Goodlatte Myrick of Prisons budget increased by more than Education, that, at that time, there were more Blackburn Gordon Neugebauer Blunt Granger Ney 2,016 percent, from two hundred twenty mil- African American males in prison than in col- lege. Mandatory minimums are driving this Boehlert Graves Northup lion dollars in 1986 to about four billion four Boehner Green (WI) Norwood hundred thirty seven million dollars in 2004. growth in federal prison populations. Bonilla Green, Gene Nunes Mandatory minimum drug sentences are African Americans comprise 12 percent of Bonner Gutknecht Nussle also resulting in the disproportionate lengthy Bono Hall Ortiz the United States population, 15 percent of incarceration of young African American Boozman Harman Osborne drug users, 17 percent of cocaine users, but Boren Harris Otter women. From 1986 (the year mandatory sen- 33 percent of all Federal drug convictions and Boswell Hart Oxley tencing was enacted) to 1996, the number of Boucher Hastings (WA) Pearce 57 percent of Federal cocaine convictions. women sentenced to state prison for drug Boustany Hayes Pence In 1986, before the mandatory minimums for crimes increased ten fold and has been the Boyd Hayworth Peterson (MN) crack cocaine offenses became effective, the Bradley (NH) Hefley Peterson (PA) main element in the overall increase in the im- average Federal offense for African Americans Brady (TX) Hensarling Petri prisonment of women. Ninety five percent of Brown (SC) Herger Pickering was 11 percent higher than whites. Following female arrests from 1985 to 1996 were drug Brown-Waite, Herseth Pitts the implementation of mandatory drug sen- related and over 80% of female prison in- Ginny Higgins Platts tencing laws, the average drug offense sen- Burgess Hobson Poe mates are incarcerated as a result of their as- Burton (IN) Hoekstra Pombo tence for African Americans was 49 percent sociation with abusive boyfriends. Buyer Holden Pomeroy higher than whites. Terrorism requires a more comprehensive Calvert Hooley Porter Largely as a result of mandatory minimum approach along with major immigration reform Camp Hostettler Price (GA) sentencing statutes, there are now more than Cannon Hulshof Pryce (OH) not just mandatory minimums. Cantor Hunter Putnam 2,100,000 persons in prison and almost 70 Ms. WATERS. Mr. Chairman, I ask Capito Hyde Radanovich percent of the people behind bars in America unanimous consent to withdraw the Cardoza Inglis (SC) Ramstad are persons of color. African Americans made Carter Israel Regula amendment. Case Issa Rehberg up 40 percent of the Federal prison population The Acting CHAIRMAN. Is there ob- Chabot Istook Reichert in August, 2003, up from 31 percent in 1986 jection to the request of the gentle- Chandler Jenkins Renzi before Federal mandatory minimums were en- woman from California? Chocola Jindal Reynolds acted. Coble Johnson (CT) Rogers (AL) There was no objection. Cole (OK) Johnson (IL) Rogers (KY) As a result of mandatory minimum sen- SEQUENTIAL VOTES POSTPONED IN COMMITTEE Conaway Johnson, Sam Rogers (MI) tencing statutes, particularly with respect to OF THE WHOLE Costa Keller Rohrabacher drug crimes, in 2001, the average Federal The Acting CHAIRMAN. Pursuant to Costello Kelly Ross Cox Kennedy (MN) Royce drug trafficking conviction was 72.7 months clause 6 of rule XVIII, proceedings will Cramer King (IA) Ruppersberger while the average Federal manslaughter sen- now resume on those amendments on Crenshaw King (NY) Ryan (WI) tence was 34.3 months the average assault which further proceedings were post- Cubin Kingston Ryun (KS) sentence 37.7 months, and the average sex- poned in the following order: amend- Culberson Kirk Saxton Cunningham Kline Schiff ual abuse sentence 65.2 months. ment No. 7 offered by the gentleman Davis (KY) Knollenberg Schwarz (MI) In 1999, African Americans constituted 13 from Virginia (Mr. GOODLATTE), Davis, Jo Ann Kolbe Scott (GA) percent of drug users. In that same year, Afri- amendment No. 9 offered by the gen- Davis, Tom Kuhl (NY) Sensenbrenner can Americans constituted 35 percent of drug Deal (GA) LaHood Sessions tleman from Georgia (Mr. NORWOOD). DeFazio Latham Shadegg arrests, 53 percent of drug convictions, and 58 The Chair will reduce to 5 minutes DeLay Lewis (CA) Shaw percent of those in prison for drug Federal the time for the second electronic vote. Dent Lewis (KY) Shays mandatory minimum sentences make African AMENDMENT NO. 7 OFFERED BY MR. GOODLATTE Doolittle Linder Sherwood Drake Lipinski Shimkus Americans more likely to be incarcerated and The Acting CHAIRMAN. The pending Dreier LoBiondo Shuster for longer periods than their white counter- business is the demand for a recorded Duncan Lucas Simmons parts. vote on the amendment offered by the Edwards Lungren, Daniel Simpson Emerson E. Skelton In the year 2000, 84.7 percent of crack co- OOD gentleman from Virginia (Mr. G - Engel Mack Slaughter caine cases were brought against African LATTE) on which further proceedings English (PA) Manzullo Smith (NJ) Americans even though, in that year, African were postponed and on which the ayes Etheridge Marchant Smith (TX) Americans comprised only about 26.6 percent prevailed by voice vote. Everett Marshall Snyder Feeney Matheson Sodrel of crack users. Only 5.6 percent of crack The Clerk will redesignate the Ferguson McCarthy Souder cases that year were brought against Cauca- amendment.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9191 Spratt Tiahrt Westmoreland further proceedings were postponed and Levin Oxley Shuster Stearns Tiberi Whitfield on which the ayes prevailed by voice Lewis (CA) Pascrell Simmons Strickland Turner Wicker Lewis (KY) Pastor Simpson Sullivan Udall (CO) Wilson (SC) vote. Linder Paul Skelton Tancredo Walden (OR) Wolf The Clerk will redesignate the Lipinski Pearce Slaughter Taylor (MS) Walsh Wu amendment. LoBiondo Pelosi Smith (NJ) Taylor (NC) Wamp Lofgren, Zoe Pence Smith (TX) Young (AK) The Clerk redesignated the amend- Terry Weldon (FL) Young (FL) Lowey Peterson (MN) Smith (WA) Thomas Weldon (PA) ment. Lucas Peterson (PA) Snyder Thornberry Weller Lungren, Daniel Petri Sodrel RECORDED VOTE E. Pickering NOES—159 Souder The Acting CHAIRMAN. A recorded Lynch Pitts Spratt Ackerman Gutierrez Olver vote has been demanded. Mack Platts Stearns Allen Hinchey Owens Maloney Poe Strickland Andrews Hinojosa Pallone A recorded vote was ordered. Manzullo Pombo Stupak Baca Holt Pascrell The Acting CHAIRMAN. This will be Marchant Pomeroy Sullivan Baldwin Honda Pastor a 5-minute vote. Markey Porter Sweeney Becerra Hoyer Paul Marshall Price (GA) Tancredo Berman Inslee Payne The vote was taken by electronic de- Matheson Price (NC) Tanner Bishop (GA) Jackson (IL) Pelosi vice, and there were—ayes 395, noes 31, Matsui Pryce (OH) Tauscher McCarthy Putnam Blumenauer Jackson-Lee Price (NC) Taylor (MS) not voting 7, as follows: McCaul (TX) Radanovich Brady (PA) (TX) Rahall Taylor (NC) McCollum (MN) Rahall Brown (OH) Jefferson Rangel [Roll No. 166] Terry McCotter Ramstad Brown, Corrine Johnson, E. B. Reyes AYES—395 Thomas Butterfield Jones (NC) McCrery Regula Ros-Lehtinen Thompson (CA) Capps Jones (OH) Aderholt Cole (OK) Goodlatte McHenry Rehberg Rothman Thompson (MS) Capuano Kanjorski Akin Conaway Gordon McHugh Reichert Roybal-Allard Thornberry Cardin Kaptur Alexander Cooper Granger McIntyre Renzi Rush Tiahrt Carnahan Kennedy (RI) Allen Costa Graves McKeon Reyes Ryan (OH) Tiberi Carson Kildee Andrews Costello Green (WI) McMorris Reynolds Sabo Tierney Castle Kilpatrick (MI) Baca Cox Green, Al McNulty Rogers (AL) Salazar Towns Clay Kind Bachus Cramer Green, Gene Meehan Rogers (KY) Sa´ nchez, Linda Turner Cleaver Kucinich Baird Crenshaw Gutknecht Meek (FL) Rogers (MI) T. Udall (CO) Clyburn Langevin Baker Crowley Hall Meeks (NY) Rohrabacher Sanchez, Loretta Udall (NM) Conyers Lantos Barrett (SC) Cubin Harman Melancon Ros-Lehtinen Cooper Larsen (WA) Sanders Barrow Cuellar Harris Menendez Ross Upton Crowley LaTourette Schakowsky Bartlett (MD) Culberson Hart Mica Rothman Van Hollen ´ Cuellar Leach Schwartz (PA) Barton (TX) Cummings Hastings (WA) Michaud Roybal-Allard Velazquez Cummings Lee Scott (VA) Bass Cunningham Hayes Miller (FL) Royce Visclosky Davis (AL) Levin Serrano Bean Davis (AL) Hayworth Miller (MI) Ruppersberger Walden (OR) Davis (CA) Lewis (GA) Sherman Beauprez Davis (CA) Hefley Miller (NC) Rush Walsh Davis (FL) Lofgren, Zoe Smith (WA) Becerra Davis (FL) Hensarling Miller, Gary Ryan (OH) Wamp Davis (IL) Lowey Solis Berman Davis (KY) Herger Miller, George Ryan (WI) Waters Davis (TN) Lynch Stark Berry Davis (TN) Herseth Mollohan Ryun (KS) Watson DeGette Maloney Stupak Biggert Davis, Jo Ann Higgins Moore (KS) Sabo Watt Delahunt Markey Sweeney Bilirakis Davis, Tom Hinchey Moore (WI) Salazar Waxman DeLauro Matsui Tanner Bishop (GA) Deal (GA) Hinojosa Moran (KS) Sanchez, Loretta Weiner Diaz-Balart, L. McCollum (MN) Tauscher Bishop (NY) DeFazio Hobson Murphy Sanders Weldon (FL) Diaz-Balart, M. McDermott Thompson (CA) Bishop (UT) DeGette Hoekstra Murtha Saxton Weldon (PA) Dicks McGovern Thompson (MS) Blackburn DeLauro Holden Myrick Schiff Weller Dingell McKinney Tierney Blumenauer DeLay Hooley Napolitano Schwartz (PA) Westmoreland Doggett McNulty Towns Blunt Dent Hostettler Neal (MA) Schwarz (MI) Wexler Doyle Meehan Udall (NM) Boehlert Diaz-Balart, L. Hoyer Neugebauer Scott (GA) Whitfield Ehlers Meek (FL) Upton Boehner Diaz-Balart, M. Hulshof Ney Scott (VA) Wicker Emanuel Meeks (NY) Van Hollen Bonilla Dicks Hunter Northup Sensenbrenner Wilson (NM) Eshoo Menendez Vela´ zquez Bonner Doggett Hyde Norwood Sessions Wilson (SC) Evans Miller (NC) Visclosky Bono Doolittle Inglis (SC) Nunes Shadegg Wolf Farr Miller, George Waters Boozman Doyle Inslee Nussle Shaw Woolsey Fattah Mollohan Watson Boren Drake Israel Obey Shays Wu Filner Moore (WI) Watt Boswell Dreier Issa Ortiz Sherman Wynn Flake Murtha Waxman Boucher Duncan Istook Osborne Sherwood Young (AK) Ford Nadler Weiner Boustany Edwards Jackson (IL) Otter Shimkus Young (FL) Frank (MA) Napolitano Wexler Boyd Ehlers Jackson-Lee Gonzalez Neal (MA) Wilson (NM) Bradley (NH) Emanuel (TX) NOES—31 Green, Al Oberstar Woolsey Brady (PA) Emerson Jefferson Abercrombie Honda Owens Grijalva Obey Wynn Brady (TX) Engel Jenkins Ackerman Kilpatrick (MI) Pallone Brown (OH) English (PA) Jindal Baldwin Kucinich NOT VOTING—8 Payne Brown (SC) Eshoo Johnson (CT) Conyers Lee Rangel Berkley Millender- Wasserman Brown, Corrine Etheridge Johnson (IL) Davis (IL) Lewis (GA) Sa´ nchez, Linda Bishop (UT) McDonald Schultz Brown-Waite, Evans Johnson, E. B. Delahunt McDermott T. Ginny Everett Johnson, Sam Hastings (FL) Moran (VA) Dingell McGovern Schakowsky Burgess Farr Jones (NC) Larson (CT) Musgrave Filner McKinney Serrano Burton (IN) Fattah Jones (OH) Grijalva Nadler Solis b 1649 Butterfield Feeney Kanjorski Gutierrez Oberstar Stark Messrs. SWEENEY, TIERNEY, Buyer Ferguson Kaptur Holt Olver Calvert Fitzpatrick (PA) Keller CARNAHAN, UPTON, DOYLE and Mrs. Camp Flake Kelly NOT VOTING—7 MALONEY changed their vote from Cannon Foley Kennedy (MN) Berkley Millender- Musgrave ‘‘aye’’ to ‘‘no.’’ Cantor Forbes Kennedy (RI) Hastings (FL) McDonald Wasserman Capito Ford Kildee Larson (CT) Moran (VA) Schultz Ms. SLAUGHTER, and Messrs. CASE, Capps Fortenberry Kind BISHOP of New York, STRICKLAND Capuano Fossella King (IA) b 1658 and INGLIS of South Carolina changed Cardin Foxx King (NY) Cardoza Frank (MA) Kingston Mr. PALLONE and Ms. KILPATRICK their vote from ‘‘no’’ to ‘‘aye.’’ of Michigan changed their vote from So the amendment was agreed to. Carnahan Franks (AZ) Kirk Carson Frelinghuysen Kline ‘‘aye’’ to ‘‘no.’’ The result of the vote was announced Carter Gallegly Knollenberg So the amendment was agreed to. as above recorded. Case Garrett (NJ) Kolbe Castle Gerlach Kuhl (NY) The result of the vote was announced AMENDMENT NO. 9 OFFERED BY MR. NORWOOD Chabot Gibbons LaHood as above recorded. The Acting CHAIRMAN (Mr. Chandler Gilchrest Langevin LAHOOD). The pending business is the Chocola Gillmor Lantos b 1700 demand for a recorded vote on the Clay Gingrey Larsen (WA) The Acting CHAIRMAN (Mr. Cleaver Gohmert Latham amendment offered by the gentleman Clyburn Gonzalez LaTourette LAHOOD). There being no further from Georgia (Mr. NORWOOD) on which Coble Goode Leach amendments, the question is on the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9192 CONGRESSIONAL RECORD—HOUSE May 11, 2005 committee amendment in the nature of ‘‘(C) makes any materially false, fictitious, distributing funds that is totally unac- a substitute, as amended. or fraudulent statements or representations, countable. This not only demeans and The committee amendment in the or makes or uses any materially false writ- cheapens the sacrifices that our mili- nature of a substitute, as amended, was ing or document knowing the same to con- tary and civilian personnel are making tain any materially false, fictitious, or agreed to. fraudulent statement or entry; or in Iraq, it endangers their lives. The Acting CHAIRMAN. Accord- ‘‘(D) materially overvalues any good or Mr. Speaker, just last week, the ingly, under the rule, the Committee service with the specific intent to exces- House spent another $82 billion of tax- rises. sively profit from the war, military action, payer funds on the war. The cost of the Accordingly, the Committee rose; or relief or reconstruction activities in Iraq; war had already been over $200 billion. and the Speaker pro tempore (Mr. REH- shall be fined under paragraph (2), impris- We also learned this week that the BERG) having assumed the chair, Mr. oned not more than 20 years, or both. Pentagon auditors found that $212 mil- LAHOOD, Acting Chairman of the Com- ‘‘(2) FINE.—A person convicted of an of- lion was paid to Kuwaiti and Turkish mittee of the Whole House on the State fense under paragraph (1) may be fined the subcontractors for fuel the Pentagon of the Union, reported that that Com- greater of— auditors concluded was exorbitantly mittee, having had under consideration ‘‘(A) $1,000,000; or ‘‘(B) if such person derives profits or other priced. Halliburton passed these pay- the bill (H.R. 1279) to amend title 18, proceeds from the offense, not more than ments onto the taxpayer. United States Code, to reduce violent twice the gross profits or other proceeds. That may be just the tip of the ice- gang crime and protect law-abiding ‘‘(b) EXTRATERRITORIAL JURISDICTION.— berg, as billions of dollars are being ex- citizens and communities from violent There is extraterritorial Federal jurisdiction pended in Iraq with precious little ac- criminals, and for other purposes, pur- over an offense under this section. countability. While there are fraud suant to House Resolution 268, he re- ‘‘(c) VENUE.—A prosecution for an offense statutes to protect against wasted tax under this section may be brought— ported the bill back to the House with ‘‘(1) as authorized by chapter 211 of this dollars at home, none expressly pro- an amendment adopted by the Com- title; hibit war profiteering, and none ex- mittee of the Whole. ‘‘(2) in any district where any act in fur- pressly confer extraterritorial jurisdic- The SPEAKER pro tempore. Under therance of the offense took place; or tion overseas, as my motion would do. the rule, the previous question is or- ‘‘(3) in any district where any party to the Against this backdrop, it is impera- dered. contract or provider of goods or services is tive that this Congress send a strong Is a separate vote demanded on any located.’’. signal that we will not tolerate tax- amendment to the committee amend- (2) TABLE OF SECTIONS.—The table of sec- payer rip-offs at the expense of our ment in the nature of a substitute tions for chapter 47 of title 18, United States troops. I offer this amendment now be- Code, is amended by adding at the end the adopted by the Committee of the following: cause this bill before us is open ended Whole? If not, the question is on the ‘‘1037. War profiteering and fraud relating to as a crime bill. It not only deals with amendment. military action, relief, and re- gangs but it amends the criminal laws The amendment was agreed to. construction efforts in Iraq.’’. on matters concerning hearsay, venues, The SPEAKER pro tempore. The (b) CRIMINAL FORFEITURE.—Section statute of limitations and sentencing. question is on the engrossment and 982(a)(2)(B) of title 18, United States Code, is It also authorizes new grants and data- third reading of the bill. amended by striking ‘‘or 1030’’ and inserting bases, among other things. If we are The bill was ordered to be engrossed ‘‘1030, or 1037’’. going to do all of this, it certainly is and read a third time, and was read the (c) MONEY LAUNDERING.—Section appropriate that we also amend the third time. 1956(c)(7)(D) of title 18, United States Code, is criminal laws to combat blatant con- amended by inserting the following: ‘‘, sec- MOTION TO RECOMMIT OFFERED BY MR. TIERNEY tion 1037 (relating to war profiteering and tract fraud in Iraq to protect our brave Mr. TIERNEY. Mr. Speaker, I offer a fraud relating to military action, relief, and troops. motion to recommit. reconstruction efforts in Iraq),’’ after ‘‘liqui- When concerns about wartime fraud The SPEAKER pro tempore. Is the dating agent of financial institution),’’. were raised during World War II, Presi- gentleman opposed to the bill? Mr. TIERNEY (during the reading). dent Roosevelt declared it was our Mr. TIERNEY. I am in its present Mr. Speaker, I ask unanimous consent duty to ensure that a few do not gain form. that the motion to recommit be consid- from the sacrifices of the many. Then, The SPEAKER pro tempore. The ered as read and printed in the RECORD. as now, our government cannot in good Clerk will report the motion to recom- The SPEAKER pro tempore. Is there faith ask its people to sacrifice for re- mit. objection to the request of the gen- construction efforts that allow so The Clerk read as follows: tleman from Massachusetts? many others to unfairly profit. Mr. Tierney moves to recommit the bill There was no objection. Mr. Speaker, I urge a ‘‘yes’’ vote on H.R. 1279 to the Committee on the Judiciary Mr. TIERNEY. Mr. Speaker, my mo- this commonsense motion to recom- with instructions to report the same back to tion to recommit is simple and mit. the House forthwith with the following straightforward and deserves the sup- Mr. FORBES. Mr. Speaker, I rise in amendment: port of every Member of this body. It opposition to the motion to recommit. Page 22, after line 3, insert the following: would amend the criminal code to pro- I thought I had heard everything this SEC. 116. PROHIBITION OF PROFITEERING. hibit defrauding the government in morning, Mr. Speaker, when, in the de- (a) PROHIBITION.— connection with the reconstruction ef- bate, we heard the opponents of this (1) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding at forts in Iraq. bill say that they felt that they could the end the following: My motion would make it clear that fight violent gang crime better by ‘‘§ 1037. War profiteering and fraud relating these outrageous and unpatriotic ac- using arts and crafts than they could to military action, relief, and reconstruc- tivities would be subject to prison time by locking up violent criminals, but I tion efforts in Iraq and monetary penalties. Every single am shocked now that they are even ‘‘(a) PROHIBITION.— dollar that is wasted because of cor- bringing in Iraq. ‘‘(1) IN GENERAL.—Whoever, in any matter porate fraud or abuse in Iraq is one less If you look, Mr. Speaker, the Depart- involving a contract or the provision of dollar that can go to protect our ment of Justice, I am sure, is going to goods or services, directly or indirectly, in troops, one less dollar for body armor, investigate the matters that are in this connection with the war, military action, or one less dollar for protective equip- motion to recommit. There has not relief or reconstruction activities in Iraq, ment that can save lives. been a shred of evidence or testimony knowingly and willfully— It is an unfortunate fact of life that, in any subcommittee or full committee ‘‘(A) executes or attempts to execute a scheme or artifice to defraud the United today, in Iraq, taxpayer funds are being about this bill related to anything in States or Iraq; routinely wasted by organized cor- this motion to recommit. We have not ‘‘(B) falsifies, conceals, or covers up by any porate criminals. The American tax- heard a single discussion on it on the trick, scheme, or device a material fact; payer is being defrauded by a system of floor today. We have heard one poison

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9193 pill after another to try to stop us from Lantos Napolitano Scott (VA) Renzi Shimkus Turner going after violent criminal gangs. Larsen (WA) Neal (MA) Serrano Reynolds Shuster Upton Leach Oberstar Sherman Rogers (AL) Simmons Walden (OR) There have even been amendments to Lee Obey Skelton Rogers (KY) Simpson Walsh try to offer loans to gang members, to Levin Olver Slaughter Rogers (MI) Smith (NJ) Wamp give housing to violent gang members. Lewis (GA) Ortiz Smith (WA) Rohrabacher Smith (TX) Weldon (FL) Ros-Lehtinen Sodrel Mr. Speaker, it is time we stopped Lipinski Owens Snyder Weldon (PA) Lofgren, Zoe Pallone Solis Royce Souder Weller Ryan (WI) Stearns playing games with this bill and we Lowey Pascrell Spratt Westmoreland Ryun (KS) Sullivan pass it and go on to try to deal with Lynch Pastor Stark Whitfield Maloney Payne Saxton Sweeney Strickland Wicker these violent gangs. I want to remind Schwarz (MI) Tancredo Markey Pelosi Stupak the House that the Fraternal Order of Sensenbrenner Taylor (NC) Wilson (NM) Marshall Peterson (MN) Tanner Sessions Terry Wilson (SC) Police, the National Association of Po- Matheson Pomeroy Tauscher Shadegg Thomas Wolf lice Organizations, the National Sher- Matsui Price (NC) Taylor (MS) McCarthy Rahall Shaw Thornberry Young (AK) iffs Association, the Major County Thompson (CA) McCollum (MN) Rangel Shays Tiahrt Young (FL) Thompson (MS) Sheriffs Association, the Law Enforce- McDermott Reyes Sherwood Tiberi Tierney McGovern Ross ment Alliance of America, National Towns NOT VOTING—8 McIntyre Rothman Troopers Coalition, Federal Criminal Udall (CO) McKinney Roybal-Allard Berkley Millender- Wasserman Udall (NM) Investigators Association, California McNulty Ruppersberger Hastings (FL) McDonald Schultz Gang Investigators Association, Na- Meehan Rush Van Hollen Larson (CT) Moran (VA) ´ tional Latino Peace Officers Associa- Meek (FL) Ryan (OH) Velazquez Meeks (NY) Musgrave Visclosky tion, the New Orleans District Attor- Melancon Sabo Menendez Salazar Waters b 1725 ney, the Los Angeles Deputy Sheriffs, Watson Michaud Sa´ nchez, Linda Mr. GILLMOR changed his vote from and 63 chiefs of major police depart- Miller (NC) T. Watt ments around the country support the Miller, George Sanchez, Loretta Waxman ‘‘aye’’ to ‘‘no.’’ Weiner bill as it is. I hope we will defeat the Mollohan Sanders So the motion to recommit was re- Moore (KS) Schakowsky Wexler jected. motion to recommit and pass H.R. 1279. Moore (WI) Schiff Woolsey The SPEAKER pro tempore. Without Murtha Schwartz (PA) Wu The result of the vote was announced objection, the previous question is or- Nadler Scott (GA) Wynn as above recorded. The SPEAKER pro tempore (Mr. dered on the motion to recommit. NOES—227 There was no objection. REHBERG). The question is on the pas- Aderholt Ehlers Kline The SPEAKER pro tempore. The sage of the bill. Akin Emerson Knollenberg The question was taken; and the question is on the motion to recommit. Alexander English (PA) Kolbe Speaker pro tempore announced that The question was taken; and the Bachus Everett Kuhl (NY) Baker Feeney LaHood the ayes appeared to have it. Speaker pro tempore announced that Barrett (SC) Ferguson Latham Mr. SENSENBRENNER. Mr. Speak- the noes appeared to have it. Bartlett (MD) Fitzpatrick (PA) LaTourette er, on that I demand the yeas and nays. RECORDED VOTE Barton (TX) Flake Lewis (CA) Bass Foley Lewis (KY) The yeas and nays were ordered. Mr. TIERNEY. Mr. Speaker, I de- Beauprez Forbes Linder The SPEAKER pro tempore. This mand a recorded vote. Biggert Fortenberry LoBiondo will be a 5-minute vote. A recorded vote was ordered. Bilirakis Fossella Lucas Bishop (UT) Foxx Lungren, Daniel The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Blackburn Franks (AZ) E. vice, and there were—yeas 279, nays ant to clause 9 of rule XX, the Chair Blunt Frelinghuysen Mack 144, not voting 10, as follows: Boehlert Gallegly Manzullo will reduce to 5 minutes the minimum [Roll No. 168] time for any electronic vote on the Boehner Garrett (NJ) Marchant Bonilla Gerlach McCaul (TX) YEAS—279 question of passage of the bill. Bonner Gibbons McCotter Aderholt Camp Emanuel Bono Gilchrest McCrery The vote was taken by electronic de- Akin Cannon Emerson Boozman Gillmor McHenry vice, and there were—ayes 198, noes 227, Alexander Cantor English (PA) Boustany Gingrey McHugh Baca Capito Etheridge not voting 8, as follows: Bradley (NH) Gohmert McKeon Bachus Cardin Everett Brady (TX) Goode McMorris [Roll No. 167] Baker Cardoza Ferguson Brown (SC) Goodlatte Mica Barrett (SC) Carter Fitzpatrick (PA) AYES—198 Brown-Waite, Granger Miller (FL) Barrow Case Foley Abercrombie Clyburn Gonzalez Ginny Graves Miller (MI) Barton (TX) Castle Forbes Ackerman Conyers Gordon Burgess Green (WI) Miller, Gary Bass Chabot Ford Allen Cooper Green, Al Burton (IN) Gutknecht Moran (KS) Bean Chandler Fortenberry Andrews Costa Green, Gene Buyer Hall Murphy Beauprez Chocola Fossella Baca Costello Grijalva Calvert Harris Myrick Berry Coble Foxx Baird Cramer Gutierrez Camp Hart Neugebauer Biggert Cole (OK) Franks (AZ) Baldwin Crowley Harman Cannon Hastings (WA) Ney Bilirakis Conaway Frelinghuysen Barrow Cuellar Herseth Cantor Hayes Northup Bishop (GA) Costa Gallegly Bean Cummings Higgins Capito Hayworth Norwood Bishop (NY) Costello Gerlach Becerra Davis (AL) Hinchey Carter Hefley Nunes Bishop (UT) Cox Gibbons Berman Davis (CA) Hinojosa Castle Hensarling Nussle Blackburn Cramer Gilchrest Berry Davis (FL) Holden Chabot Herger Osborne Blunt Crenshaw Gillmor Bishop (GA) Davis (IL) Holt Chocola Hobson Otter Boehlert Cuellar Gingrey Bishop (NY) Davis (TN) Honda Coble Hoekstra Oxley Boehner Culberson Gohmert Blumenauer DeFazio Hooley Cole (OK) Hostettler Paul Bonilla Cunningham Goode Boren DeGette Hoyer Conaway Hulshof Pearce Bonner Davis (AL) Goodlatte Boswell Delahunt Inslee Cox Hunter Pence Bono Davis (FL) Gordon Boucher DeLauro Israel Crenshaw Hyde Peterson (PA) Boozman Davis (KY) Granger Boyd Dicks Jackson (IL) Cubin Inglis (SC) Petri Boren Davis (TN) Graves Brady (PA) Dingell Jackson-Lee Culberson Issa Pickering Boswell Davis, Jo Ann Green (WI) Brown (OH) Doggett (TX) Cunningham Istook Pitts Boucher Davis, Tom Hall Brown, Corrine Doyle Jefferson Davis (KY) Jenkins Platts Boustany Deal (GA) Harman Butterfield Edwards Johnson, E. B. Davis, Jo Ann Jindal Poe Boyd DeFazio Harris Capps Emanuel Jones (NC) Davis, Tom Johnson (CT) Pombo Bradley (NH) DeLay Hart Capuano Engel Jones (OH) Deal (GA) Johnson (IL) Porter Brady (TX) Dent Hastings (WA) Cardin Eshoo Kanjorski DeLay Johnson, Sam Price (GA) Brown (SC) Diaz-Balart, L. Hayes Cardoza Etheridge Kaptur Dent Keller Pryce (OH) Brown-Waite, Diaz-Balart, M. Hayworth Carnahan Evans Kennedy (RI) Diaz-Balart, L. Kelly Putnam Ginny Doolittle Hefley Carson Farr Kildee Diaz-Balart, M. Kennedy (MN) Radanovich Burgess Doyle Herger Case Fattah Kilpatrick (MI) Doolittle King (IA) Ramstad Burton (IN) Drake Herseth Chandler Filner Kind Drake King (NY) Regula Buyer Dreier Higgins Clay Ford Kucinich Dreier Kingston Rehberg Calvert Edwards Hobson Cleaver Frank (MA) Langevin Duncan Kirk Reichert

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9194 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Hoekstra Melancon Ryun (KS) Sanders Solis Udall (NM) rather than focusing on rolling back Holden Mica Salazar Schakowsky Stark Vela´ zquez family and medical leave protections Hooley Miller (FL) Saxton Schiff Sweeney Wamp Hoyer Miller (MI) Schwartz (PA) Scott (VA) Tanner Waters to save businesses money on the backs Hulshof Miller (NC) Schwarz (MI) Serrano Tauscher Watt of working people. Shadegg Thompson (CA) Hunter Miller, Gary Scott (GA) Waxman f Hyde Moore (KS) Sensenbrenner Sherman Thompson (MS) Weiner Israel Moran (KS) Sessions Sherwood Tierney Wexler LET US FOCUS ON THE PEOPLE’S Smith (WA) Towns Issa Murphy Shaw Woolsey BUSINESS Istook Murtha Shays Snyder Udall (CO) Jenkins Myrick Shimkus NOT VOTING—10 (Mr. FOLEY asked and was given per- Jindal Neugebauer Shuster mission to address the House for 1 Johnson (CT) Ney Simmons Berkley Larson (CT) Moran (VA) minute and to revise and extend his re- Johnson (IL) Northup Simpson Evans Meeks (NY) Musgrave Johnson, Sam Norwood Skelton Feeney Millender- Wasserman marks.) Kanjorski Nunes Slaughter Hastings (FL) McDonald Schultz Mr. FOLEY. Mr. Speaker, to refute Kaptur Nussle the comments of the previous speaker Smith (NJ) b 1735 Keller Ortiz Smith (TX) suggesting we are captives of special Kelly Osborne Sodrel Kennedy (MN) Otter Mr. SNYDER changed his vote from interests, that we are not doing the Souder ‘‘yea’’ to ‘‘nay.’’ King (IA) Oxley Spratt people’s work, I will beg to differ. King (NY) Pascrell Stearns So the bill was passed. I see a lot of progress here. But I also Kingston Pearce Strickland The result of the vote was announced see a lot of name calling that I think is Kirk Pence Stupak unfortunate and unnecessary. Pointing Kline Peterson (MN) as above recorded. Sullivan A motion to reconsider was laid on fingers, trying to catch each other in Knollenberg Peterson (PA) Tancredo Kolbe Petri Taylor (MS) the table. scandal does not bring honor to this Kuhl (NY) Pickering Taylor (NC) House. So they can give their state- LaHood Platts f Terry Langevin Poe ments and they can give their quotes Thomas Lantos Pombo PERSONAL EXPLANATION and they can make soundbytes, but the Thornberry Latham Pomeroy American public are worried about Tiahrt Mr. LARSON of Connecticut. Mr. Speaker, I Leach Porter health insurance. They are worried Lewis (CA) Price (GA) Tiberi would like to submit this statement for the Turner about gas prices. They are worried Lewis (KY) Pryce (OH) RECORD and regret that I could not be present Upton about our soldiers in Iraq. They are Linder Putnam today, Wednesday, May 11, 2005 to vote on Lipinski Radanovich Van Hollen worried about terrorism. And we Visclosky rollcall vote Nos. 164, 165, 166, 167 and 168 LoBiondo Ramstad should be working on that as Demo- Lucas Regula Walden (OR) due to a family medical emergency. crats and Republicans. But, instead, we Lungren, Daniel Rehberg Walsh Had I been present, I would have voted: Watson sit here and make accusation, innu- E. Reichert ‘‘no’’ on rollcall vote No. 164 on Ordering the Mack Renzi Weldon (FL) endo and create diatribe. We are much Marchant Reyes Weldon (PA) Previous Question on H. Res. 268; ‘‘no’’ on better than that. Weller Marshall Reynolds rollcall vote No. 165—an amendment to H.R. We had an emergency evacuation Matheson Rogers (AL) Westmoreland 1279; ‘‘yea’’ on rollcall vote No. 166—an McCarthy Rogers (KY) Whitfield today. We are on pins and needles McCaul (TX) Rogers (MI) Wicker amendment to H.R. 1279; ‘‘yea’’ on rollcall based on the real terrorist threat that McCotter Rohrabacher Wilson (NM) vote No. 167 on the Motion to Recommit H.R. exists, and we are just becoming name McCrery Ros-Lehtinen Wilson (SC) 1279 with instructions; and, ‘‘no’’ on rollcall McHugh Ross Wolf callers. McIntyre Royce Wu vote No. 168 on passage of H.R. 1279—Gang So I urge all of us, both sides, to take McKeon Ruppersberger Wynn Deterrence and Community Protection Act of a moment, pause and honestly focus on McMorris Ryan (OH) Young (AK) 2005. the people’s business, not on trying to Meek (FL) Ryan (WI) Young (FL) f score cheap political points. f NAYS—144 ABUSE OF POWER Abercrombie Fattah Maloney IN SUPPORT OF MEDICARE FOR (Ms. WOOLSEY asked and was given Ackerman Filner Manzullo ALL Allen Flake Markey permission to address the House for 1 Andrews Frank (MA) Matsui minute and to revise and extend her re- Mr. KUCINICH. Mr. Speaker, I ask Baird Garrett (NJ) McCollum (MN) marks.) unanimous consent to address the Baldwin Gonzalez McDermott House for 1 minute and to revise and Bartlett (MD) Green, Al McGovern Ms. WOOLSEY. Mr. Speaker, the Becerra Green, Gene McHenry level of abuse in this House by the Re- extend my remarks. Berman Grijalva McKinney publican Party has become an embar- The SPEAKER pro tempore (Mr. Blumenauer Gutierrez McNulty rassment. Instead of working on the REHBERG). Without objection, the gen- Brady (PA) Gutknecht Meehan tleman from Ohio is recognized for 1 Brown (OH) Hensarling Menendez pressing problems of this Nation, my Brown, Corrine Hinchey Michaud colleagues on the other side of the aisle minute. There was no objection. Butterfield Hinojosa Miller, George continue to push an agenda controlled Capps Holt Mollohan Mr. KUCINICH. Mr. Speaker, I want Capuano Honda Moore (WI) and influenced by special interests. to agree with the gentleman from Flor- Carnahan Hostettler Nadler According to a report released by the ida that the American people are wor- Carson Inglis (SC) Napolitano gentlewoman from New York (Ms. Clay Inslee Neal (MA) ried about many things including Cleaver Jackson (IL) Oberstar SLAUGHTER), the Committee on Rules’ health care. And that is why I stand to Clyburn Jackson-Lee Obey ranking Democrat, all of the major ask the House for support on H.R. 676, Conyers (TX) Olver bills passed by the Republican Party in Cooper Jefferson Owens a bill that will establish a U.S. na- Crowley Johnson, E. B. Pallone the 108th Congress were written with tional health insurance. Cubin Jones (NC) Pastor big business or special interests in A Kaiser Foundation poll found that Cummings Jones (OH) Paul mind. These interest groups do not 64 percent of Americans favor expand- Davis (CA) Kennedy (RI) Payne look at what is best for the American Davis (IL) Kildee Pelosi ing Medicare to all. The Deans of Har- DeGette Kilpatrick (MI) Pitts people. They look at what is best for vard and Stanford Medical Schools, Delahunt Kind Price (NC) their bottom line. If the Republican 13,000 doctors, including the former edi- DeLauro Kucinich Rahall Party is as compassionate as they pro- tor of the New England Journal of Med- Dicks Larsen (WA) Rangel Dingell LaTourette Rothman fess to be, they would be writing legis- icine and two former Surgeons General Doggett Lee Roybal-Allard lation that protects workers from now support Medicare for All. Duncan Levin Rush harm and even death, not dismantling By expanding Medicare to all, we will Ehlers Lewis (GA) Sabo OSHA in order to save big business contain costs. Medicare boasts 3 per- Engel Lofgren, Zoe Sa´ nchez, Linda Eshoo Lowey T. money. They would be helping families cent overhead. In contrast, the Medi- Farr Lynch Sanchez, Loretta get paid sick leave and family leave care HMOs, 15 to 30 percent overhead.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9195 Medicare also has a much lower rate of and things like that, and we wanted to make, especially when they are about spending increase than private health see how well it was done. Today, it was the future. But that does not mean we plans. done in a very professional way. And, should not look ahead. In fact, if you Medicare for All will make the U.S. thank God, it really was not a threat, do sit down and think about what more competitive. GM and Ford are but it is nice to know, when we need to America is going to be like 5, 10, 20 losing money in competitive advantage leave, we can. years from now and how our economy because other developed countries have So I want to just take the time to is going to be in relationship to the universal health care. Ontario now thank the Capitol Police and to all the rest of the world, I think we should all makes more cars than Detroit. Cana- personnel who worked with us here in be very concerned. dian GM, Ford and other auto manu- making sure the evacuation was Right now, China is in the beginning facturers have sent a letter in support smooth and nobody was hurt. Respond- stages of trying to start an Asian of their single-payer health care sys- ing to the threat and the threat over Union, much like the European Union, tem as a result. the aerospace was swift. And I think where the yuan is the euro or the mon- All over this country, Americans are all of us as people who work at the etary means. They are trying to com- looking for some help from the Con- Capitol can sleep a little better tonight bine the people in Southeast Asia, gress of the United States on health knowing that our very highly trained which could make an economy of about care. It is time for us to come together, personnel really had things under 3 billion people. The European Union is Democrats and Republicans alike, in hand. It again shows the American now absorbing new European countries, plus they have a natural bond to the Is- defense of universal health care, Medi- public why we all need to be prepared lamic world based on their current im- care for All. for terrorism and why this is a new migration trends, and they could easily world, and I think that we are meeting f develop an economy of 1 billion people. the task. Again, I want to thank all HONORING MR. SANFORD WALKE, So if you look downstream, the very those concerned. PURPLE HEART RECIPIENT likely position for our economy could f be third place, unless, unless, we (Ms. GINNY BROWN-WAITE of Flor- change the environment here in Amer- ida asked and was given permission to b 1745 ica. address the House for 1 minute and to TIME TO PROVIDE HEALTH CARE Last year we had a trade deficit of revise and extend her remarks.) FOR ALL AMERICANS $671 billion and a Federal deficit. If we Ms. GINNY BROWN-WAITE of Flor- are going to bring jobs back to Amer- ida. Mr. Speaker, I rise today to honor (Mr. MCDERMOTT asked and was given permission to address the House ica, we have to change the environ- Mr. Sanford Walke of Hernando Beach, ment by making our country more for 1 minute and to revise and extend Florida. He was the chief engineer in competitive. the army during World War II, and Mr. his remarks.) f Walke recently was a person to whom I Mr. MCDERMOTT. Mr. Speaker, the presented the Purple Heart for his he- gentleman from Florida got up here SPECIAL ORDERS roic actions in battle. and talked about the fact that we The SPEAKER pro tempore (Mr. On a flight over Germany on July 8, should work together as Democrats KUHL of New York). Under the Speak- 1944, Mr. Walke’s plane was shot down and Republicans. Let us have a little er’s announced policy of January 4, over France. The last one to jump out review of history, and I think the gen- 2005, and under a previous order of the of the plane, he was forced to open his tleman was here when it all happened. House, the following Members will be parachute over enemy territory. He In 1993 and 1994, President Clinton recognized for 5 minutes each. was then taken as a Prisoner of War presented a health care plan for every f and held in a German prison camp. He American. The Republicans took the SEEKING JUSTICE FOR VICTIMS was put on long and arduous marches position that any plan run by the gov- OF SYRIAN OPPRESSION until he was able to escape with an- ernment was a bad one, and they took other British soldier months later. The pride and bragged in the next election The SPEAKER pro tempore. Under a two soldiers were hiding in a barn in a over the fact that they had killed the previous order of the House, the gentle- German village when the British tanks Clinton health care plan. woman from Florida (Ms. ROS- rolled in and took over the town. Now, 1994 is more than 10 years, and LEHTINEN) is recognized for 5 minutes. Thankfully, the British took care of we have yet to see any proposal come Ms. ROS-LEHTINEN. Mr. Speaker, today I wish to call the attention of him until he was able to reunite with out of the Republicans. Not a single the Members to the important cause of his American soldier buddies. member of the Republican caucus has defending the human rights of the Syr- Mr. Speaker, true American heroes been able to get a hearing or lay a bill ian people and holding the Syrian re- like Sanford Walke should be honored before a committee. There are many of gime accountable for the most deplor- for their service to our Nation and for us who put bills before the Congress. The gentleman from Ohio (Mr. KUCI- able actions against its citizens. their commitment and sacrifices in Syria is an oppressor state in every NICH) put one forward, I put one for- battle. sense. It brutally stifles its political ward, as did the gentleman from Michi- f dissidents and minority groups. It de- gan (Mr. CONYERS) and the gentleman nies its ordinary citizens freedom of re- COMMENDING CAPITOL POLICE from Michigan (Mr. DINGELL). ligion, of conscience and belief. It AND OTHER PERSONNEL FOR Where are the Republican proposals seeks to silence its people by pre- THEIR PROFESSIONALISM IN to do anything about the American EVACUATION venting them from exercising their people’s health care problem? It is the right of free speech. It discriminates (Mr. ENGEL asked and was given number one cause of bankruptcy. It is against women, condoning violence and permission to address the House for 1 time. sexual assault against them. minute and to revise and extend his re- f The police continue to detain people marks.) arbitrarily, placing them in prisons MAKING AMERICA MORE Mr. ENGEL. Mr. Speaker, I want to, and torturing them, using methods COMPETITIVE first of all, commend the Capitol Police that seem to herald back to the return and all the other personnel who did (Mr. TIAHRT asked and was given of the Middle Ages, stretching pris- such a fantastic job when we had the permission to address the House for 1 oners on racks or fracturing their evacuation earlier today. minute and to revise and extend his re- spines on wheels. It is never good, obviously, to have marks.) Since 1963, Syria has ruled under this kind of evacuation. But when we Mr. TIAHRT. Mr. Speaker, Yogi emergency law, using the hollow ex- were kids in school, we had fire drills Berra said that predictions are hard to cuse of Israel being a threat, and using

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9196 CONGRESSIONAL RECORD—HOUSE May 11, 2005 that to suppress freedom, diversity of The act sends a message to the Syr- In 1971, Congressman Rodino passed opinion, and equality between religions ian Government that the United States legislation making Columbus Day a na- and between sexes. will not stand for its unacceptable be- tional holiday, providing millions of About 600 Lebanese detainees have havior in violation of all moral and Italian Americans with a day to cele- been languishing in Syrian jails since legal standards. This legislation, with brate our proud heritage. 1989. Those who have managed to es- its concrete measures to punish the To establish an Italian American cape bring harrowing stories with them Syrian regime, clearly demonstrates to presence in Washington, Congressman that they have told to the inter- the Syrian people that America stands Rodino worked to found the National national human rights community. with them in their efforts to free them- Italian American Foundation, NIAF, They must be released immediately. selves from the shackles of tyranny and the Italian American Congres- In an event that defies comprehen- and to help them build an open society sional Delegation. It is my honor to sion, in 1982, Rifaat al-Assad, the based on democratic values and prin- now cochair this delegation with the brother of then dictator Hafez al- ciples. gentleman from Florida (Mr. MICA). Assad, turned his Soviet-made guns We must honor the brave men and As an Italian American who also against the Syrian city of Hama. When women of Syria by acting to defend grew up in an ethnically diverse New the dust settled approximately a week their right to live as free men and Jersey city, I have admired Congress- later, the death toll of innocent civil- women. We must begin by ensuring man Rodino’s record as one who united ians had reached 30,000 people. that the Syrian regime and its leaders people he represented. His career as a The perpetrators of this massacre, in- are made to pay for their crimes bridge builder has inspired a model on cluding Rifaat al-Assad, who resides in against the Syrian people. We must which I have based my actions as a rep- Marbella, Spain, have received no pun- support efforts to seek justice for the resentative of an ethnically diverse ishment and live amid absolute luxury. victims of Syrian oppression. constituency. Their comfortable lifestyle is an af- f This is the second time in 3 years, front to the Syrian people and to all of Mr. Speaker, that I have stood before humanity. HONORING THE LIFE OF CON- the House of Representatives to ex- Another of the perpetrators to be GRESSMAN PETER RODINO, JR. press my condolences for the passing of held accountable is Ghazi Kanaan. He The SPEAKER pro tempore. Under a a civil rights leader. In 2003, the Eighth headed the military intelligence unit previous order of the House, the gen- Congressional District was unfortunate responsible for clearing the way for the tleman from New Jersey (Mr. PAS- massacre at Hama. He also later be- to lose the legendary Larry Doby. CRELL) is recognized for 5 minutes. I am honored to have represented came the Syrian top intelligence man Mr. PASCRELL. Mr. Speaker, on in Lebanon and reportedly built all of these men who have molded the social Saturday, May 7, I lost a friend, a con- milieu that America enjoys today. It is the intelligence units responsible for stituent, and an inspiration. Many of killing Lebanese Christians and impris- my hope that the passing of Congress- you in this Chamber knew and worked oning many other innocent Lebanese. man Peter Rodino will remind us of the with Peter Rodino, a former Congress- Bahjat Suleiman is the head of Unit legacy that he left behind and inspire 251 in the General Directorate of the man from Newark, New Jersey. For us to apply his legacy to the legislation Intelligence Services. Some of the those who did not know him, you un- that we craft in this Chamber. crimes against the Syrian people were doubtedly recall his service or have Mr. Speaker, next Monday we will detailed in H. Con. Res. 18. This resolu- read about his life and illustrious ca- have a mass and burial. Our condo- tion, which I authored, was overwhelm- reer in public service. lences go to his family. He was a great, ingly adopted by my colleagues in the Congressman Rodino is most well- great American. House, clearly illustrating our body’s known for the role he played in the im- f peachment hearings of President Rich- commitment to holding the Syrian dic- SECURING AMERICA’S BORDERS tatorship accountable for the system- ard Nixon. He demonstrated a dignified image of Congress at a time when cyni- AND COMBATING ILLEGAL IMMI- atic attacks against the Syrian popu- GRATION lation. cism characterized the public’s view of Inaction on our part is not an option. our government. He upheld the integ- The SPEAKER pro tempore. Under a The cost of failing to address this grim rity of this institution. He was himself previous order of the House, the gentle- reality sooner can be measured by the a person of character. woman from North Carolina (Ms. FOXX) rising number of Syrian and Lebanese Despite the important role that he is recognized for 5 minutes. men and women that the Syrian Gov- played in the glamorous hearings, Con- Ms. FOXX. Mr. Speaker, I rise today ernment has killed or tortured. gressman Rodino’s real legacy is in the to encourage my colleagues in this Today, the Syrian people, the dis- work that he did to further civil rights Congress to continue fighting illegal sidents and the peaceful opposition for all Americans. As the son of an immigration in our great country. leaders, are poised to act. They are de- Italian immigrant who grew up on the My Republican colleagues were manding that the Syrian Government ethnically diverse streets of Newark, joined by 42 sensible Democrats to release all prisoners of conscience and Congressman Rodino understood the make great strides towards securing that it allow for the winds of reform to importance of building bridges to unite our borders by enacting the rec- sweep through its corrupt system. U.S. ethnic communities. ommendations of the 9/11 Commission policy must support the Syrian people, He was determined to see women and with the passage of the REAL ID Act. its dissidents, human rights activists, Americans of all races and religions re- As a freshman Member of this House, I and pro-democracy advocates so that ceive equal civil rights. In his role on am honored to have played a role in they, too, could free themselves from the House Committee on the Judiciary, that process. the shackles of tyrannical rule. Congressman Rodino was instrumental However, Mr. Speaker, more still can In that vein, I recently introduced in managing the Civil Rights Act of and must be done to secure our borders the Lebanon and Syria Liberation Act 1964 on the House floor, where it passed and combat illegal immigration. The that contains provisions calling for the and was eventually signed into law by terrorist attacks on our homeland establishment of a program of assist- President Lyndon Johnson. highlighted the potentially disastrous ance to pro-democracy advocates and Congressman Rodino authored the effects of porous borders and the need opposition groups in Syria and Leb- Fair Employment Practices Amend- to bolster border security. anon. It also establishes a program to ment within the historic civil rights The problem of illegal immigration develop independent broadcasts into bill. He strived to advance the rights of also has additional far-reaching, dan- Syria and Lebanon to help promote women, immigrants, and disenfran- gerous effects. Ultimately, it punishes freedom and democracy in both coun- chised ethnicities. He never forgot his all who follow the laws and processes of tries. own roots. the United States.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9197 Immigration affects virtually every First Class Lyndie England declared a pursues open diplomacy and regional aspect of life in America. I am happy to mistrial in the case. Now this case will security arrangements to achieve our have supported the amendments of have to be tried again from the very democratic goals. both the gentleman from Virginia (Mr. beginning. Indiscriminate violence will not ad- GOODLATTE) and the gentleman from England’s case was thrown out after dress the threats we face, because most Georgia (Mr. NORWOOD) to H.R. 1279 Private Charles Graner claimed that of the post-September 11 security that just passed here today. the photos of abuse at Abu Ghraib Pris- threats require a softer touch. That is on were taken for training purposes. why SMART security calls for dra- b 1800 This claim contradicts England’s matic increases in development aid and The Goodlatte amendment adds 5 guilty plea in which she accepted re- debt relief for the world’s poorest coun- years to any sentence for violent crime sponsibility for her actions and admit- tries to reduce the destitute conditions for drug trafficking when the offender ted that she had acted outside the that give rise to terrorism. And they is an illegal alien and adds 15 years to scope of military orders. will simultaneously increase edu- a sentence if the alien has previously There is no shortage of evidence that cational opportunities for the world’s been deported for a criminal offense England is guilty of having partici- poorest people. These programs will and subsequently committed a crime of pated in the abuse of Iraqi prisoners also help counter the image problem violence or drug trafficking. The which included subjecting the prisoners that America has cultivated around amendment also requires the Homeland to forced nudity, savage beatings, elec- the world and particularly in the Mid- Security Department to give the Na- tric shock and harassment by dogs. dle East. tional Crime Information Center the Some prisoners, as a matter of fact, Instead of encouraging militaristic names of all individuals subject to de- died as a result of the abuse. Nor is policies that give rise to events such as portation orders or who have signed there a question that the abuse of pris- those at Abu Ghraib, SMART security voluntary deportation papers. oners violates our American ethical encourages security through diplo- The Norwood amendment requires and moral code. Red, the color of blood, macy. Perhaps, if the Bush administra- the Justice and Homeland Security De- is the color that resulted from the tion had not been so keen on going into partments to conduct a joint study and beating in Abu Ghraib Prison last year. a misguided and illegal war, we could to report to Congress within 1 year on But now yellow is the color of the high- have utilized international diplomacy the connection between illegal aliens ranking military and administration to encourage democracy in Iraq, in- and gang membership. officials who are cowering behind jun- stead of fighting a war that has thus I was torn on voting for H.R. 1279 be- ior soldiers, hoping to duck responsi- far cost the lives of more than 1,600 cause of my concern for States’ rights, bility for setting up a culture sup- American soldiers, at least 24,000 Iraqi but I was swayed in the end to vote for porting the use of torture in American- civilians, and of course, there are also it because of the number of illegal run prisons in Iraq. more than 12,000 American soldiers who aliens involved in gangs. With more The question is, who is responsible have been gravely wounded as a result than a million legal and illegal immi- for the abuses at Abu Ghraib Prison? of war. grants settling in the United States Charles Graner’s testimony suggests Let us utilize the SMART approach each year, a level higher than at any that the prison abuse scandal extends to address the threats we face. I en- courage all of my colleagues to support other time in our Nation’s history, im- much higher than we have previously this important legislation which I am migration has an impact on education, been told. Yet, only low-ranking sol- reintroducing next week. health care, Social Security, taxes, em- diers have been held accountable for ployment, the environment, crime and these abuses. Why have prosecutors in- f countless other areas of American life. vestigated from the bottom-up instead HONORING THE SERVICE OF LIEU- I sympathize with those who des- of going straight to the source to find TENANT COLONEL FAYE KNODLE perately wish to live the American out who condoned these abuses? Why is The SPEAKER pro tempore. Under a dream here on American soil. I under- there such a denial of culpability at previous order of the House, the gen- stand their desire for liberty, free mar- the highest levels of the government? tleman from Georgia (Mr. GINGREY) is kets and guaranteed rights. The de- Mr. Speaker, we must get to the bot- recognized for 5 minutes. mand for access to America is a re- tom of this scandal because not only Mr. GINGREY. Mr. Speaker, with the sounding testament to the greatness of were the events at Abu Ghraib brutally 60th anniversary of World War II on all our Nation. However, immigration laws inhuman and contrary to the demo- our minds, I thought it important to exist to provide the necessary steps for cratic ideals of our open government, pay tribute to the proud veterans of safe and legal entry into this country. they also have endangered the Amer- the 11th District of Georgia and, in- We have an immigration process in ican people. At a time when the United deed, America for the heroism that place that simply must be followed. States is courting the support of the they displayed that has made possible Illegal immigration must be stopped, Arab world, the last thing we need to the unprecedented freedom that we but we cannot and should not close our do is engage in the same atrocious vio- enjoy today. They deserve our grati- doors to those who wish to enter the lence as the thugs and terrorists that tude and our full support. country legally. We must increase our we are opposing. The images of Amer- One such veteran from Marietta, efforts at achieving closed borders with ican soldiers violating Iraqi prisoners Georgia, is Lieutenant Colonel Faye open guarded doors. is no doubt a rallying call for all those Knodle. Colonel Knodle was drafted f who want an excuse to hate and attack into the Army on December 2, 1942. He the United States. attended boot camp at Camp Beale, SMART SECURITY AND IRAQ Fortunately, there is a better way California, and in December 1943, he PRISONER ABUSE than this. I have developed a SMART was moved to Camp Bowie, Texas, for The SPEAKER pro tempore (Mr. Security Platform for the 21st Century. combat training in preparation for KUHL of New York). Under a previous SMART is a Sensible, Multilateral combat duty in Europe. order of the House, the gentlewoman American Response to Terrorism, and Like the proud stories of so many from California (Ms. WOOLSEY) is rec- it will help reinvigorate America’s for- brave Americans, Colonel Knodle hit ognized for 5 minutes. eign policy by focusing on conflict pre- Omaha Beach on June 10, 1944, D-Day Ms. WOOLSEY. Mr. Speaker, last vention, on international diplomacy plus 4, as a platoon sergeant in Pat- week, the trial of low-level military of- and on multilateralism. SMART secu- ton’s Third Army. Two days later, for ficers involved in the Abu Ghraib pris- rity recognizes security threats and ad- his exemplary service, he received a on scandal in Iraq reached a climactic dresses them, but instead of conducting battlefield commission from General turning point. Colonel James Pohl, the our policies behind closed doors and Patton himself, raising him to the offi- military judge trying PFC Private through the barrels of a gun, SMART cer ranks. Knodle fought his way

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9198 CONGRESSIONAL RECORD—HOUSE May 11, 2005 through France and Germany into the defeated Saddam Hussein’s regime, yet lege education. President Eisenhower, Ruhr Pocket. we find ourselves marred in an endless in the days of the Korean War, envi- He was later transferred to the 20th occupation. This past January, we wit- sioned an interstate highway system. Armored Division and was assigned a nessed a successful election in Iraq, yet President Kennedy, during the strug- section to free prisoners at Dachau. progress on developing a functioning gles of the Cold War and Vietnam, en- There he rejoined the Third Army and government has been slow at best. Ter- visioned a man on the moon and saw was part of the drive to Bavaria and rorism and insurgency are as strong as that America could envision something the takeover of Hitler’s hometown of ever and continue to be escalating at greater. Every President in every Con- Branau, Austria, on May 2, 1945. He be- certain times. Today, we saw that in a gress throughout our history during came Commandant of Branau until very serious way with more than 79 the days of a war has thought about July of 1945 when he received orders to Iraqis killed in a terrorist act. Over the how to bring that victory home and return to the States in preparation for weekend, we lost again a number of our mean a victory for the American peo- the invasion of Yokohama, Japan. He fellow citizens, bringing the total of ple, not just a military victory. landed in the United States for a 30-day U.S. soldiers killed to nearly 1,600 and So what do we have in these days of leave before reporting to Camp Cook, 12,000 wounded. The economy in Iraq is the war in Iraq and Afghanistan? Presi- California, but before the end of that stalled. The civil society cannot form a dent Eisenhower envisioned an inter- leave, the Japanese surrender was an- consensus, and millions of Iraqis re- state highway system; we have a Presi- nounced. main without the basic services and dent who is talking about vetoing our After serving in the Reserve compo- functions of a civil society and govern- highway bill. nent for 6 years, he was again called to ment. b 1815 active duty in November of 1951 and Our brave men and women are ful- President Roosevelt thought of a GI then served in various training roles in filling their obligation and their duty bill, thought how to build America the 129th Division until he was dis- to the United States Armed Forces and after the war. This President has elimi- charged from service in 1965 as a Lieu- continue to fight valiantly, but the nated and canceled vocational training tenant Colonel, thus ending a distin- battle has taken its toll. As I said, programs and cut Pell grants, as well guished 23-year military career. nearly 1,600 fellow citizens have been as President Johnson, during the days Mr. Speaker, Colonel Knodle’s story killed. These are brothers and sisters, of the Vietnam signed into law the is just one of thousands that this brave sons and daughters, mothers and fa- Medicaid legislation. This President’s generation shares. When they were thers, aunts and uncles and Little budget cuts $10 billion from Medicaid. young men, our Nation sent these League coaches and members of All this because we are sagged down churches and other parts of their com- brave soldiers off to foreign lands to having added in the last 41⁄2 years a lit- battle the forces of evil, and they came munity who will no longer be with us. tle over $2 trillion to the Nation’s debt. back heroes, setting our Nation on a And more than 12,000 soldiers have Our dreams for America are limited true course for greatness. been wounded. The strain is so great now, and literally weighed down by a We have often heard them called the that recruiters for the Armed Forces Nation, by a debt that has been accu- Greatest Generation, and I cannot cannot meet their enlistment goals. mulated over the years that we cannot think of a more fitting title for these Last month, the Army alone missed its see an America with not only an inter- brave men. By sharing their stories and recruitment goal by 42 percent. The state highway system, but we should remembering their sacrifices, we cele- Pentagon now says they are stretched have a broadband system for all of brate the freedom our country enjoys. so thin, it would be difficult for the America to move it electronically for- As Ronald Reagan noted on the 40th Armed Forces to meet other obliga- ward into the future. It is the debt that anniversary of D-Day, ‘‘We will always tions should they need to do so. is weighing us down and this, unlike in remember, we will always be proud, we Mr. Speaker, Operation Iraqi Free- past military victories, this country will always be prepared, so we may al- dom was a war of choice, and as Presi- has not seen the victory overseas to ways be free.’’ dent Kennedy once said, to govern is to bring it home and make sure that all of f choose. One can only hope that this America is also victorious. choice is the right choice. In fact, f ORDER OF BUSINESS while we have been fighting in Iraq, Mr. EMANUEL. Mr. Speaker, I ask North Korea multiple times over the FUELS SECURITY ACT unanimous consent to give my Special last 2 years has crossed red lines that The SPEAKER pro tempore (Mr. Order at this time. have existed through Democratic and KUHL of New York). Under a previous The SPEAKER pro tempore. Is there Republican administrations and has order of the House, the gentleman from objection to the request of the gen- flaunted those goals. While we have Nebraska (Mr. OSBORNE) is recognized tleman from Illinois? been tied down in Iraq, North Korea’s for 5 minutes. There was no objection. situation has gotten far worse. Mr. OSBORNE. Mr. Speaker, I did f Mr. Speaker, every other President not come here to speak about Iraq. I in the history of the United States, have been there three times and the THE IRAQ WAR IS COSTING US when this Nation has gone to war, has last time was 3 weeks ago. And each OUR FUTURE thought about America after the war: time I have been very impressed by the The SPEAKER pro tempore. Under a how to build an America on the shoul- morale and the attitude of our soldiers, previous order of the House, the gen- ders of that military victory so that and they consistently have asked me to tleman from Illinois (Mr. EMANUEL) is victory overseas is also a victory here do this. They said, you know, we see recognized for 5 minutes. at home; how to build a stronger Amer- two wars. We see the one that is being Mr. EMANUEL. Mr. Speaker, this ica for tomorrow. fought on CNN, and that is true. That week, the Senate finally passed the lat- Abraham Lincoln during the Civil is a reality, the bombings. But we also est of the Iraq war supplemental fund- War not only envisioned reconstruction see the war that we are fighting. Would ing. The $82 billion package brings the but he envisioned a transcontinental you please occasionally go home and war’s total cost to date, both in Iraq railroad, envisioned land-grant col- tell people about the good things that and Afghanistan, to $300 billion. This leges. President Roosevelt lead the Na- are happening in education and health month will be the 2-year anniversary of tion through the Great Depression in care, economy and so on. And so it is a the President’s speech on the U.S.S. World War II, and he then in the clos- tough deal. It is tough. And yet there Lincoln announcing, ‘‘mission accom- ing days thought of a GI Bill and, 11 are some good things that are hap- plished.’’ months before the close of the war, pening. So what has ‘‘mission accomplished’’ signed a GI Bill into law, allowing mil- The reason I came over here tonight and $300 billion got us so far? We have lions to buy a home and receive a col- to speak was about the Fuels Security

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9199 Act, which has been introduced by the which will certainly be a benefit to the ment handouts, Republicans did abso- gentlewoman from South Dakota (Ms. taxpayer. It will add $51 billion to farm lutely nothing to help out middle-class HERSETH), the gentleman from Iowa income over 10 years. It will reduce the Americans who continue to struggle to (Mr. KING), and the gentleman from trade deficit by $64 billion between 2005 make ends meet. Minnesota (Mr. PETERSON). and 2012. And everyone knows that we I think it is time Congress rein in the As almost everyone in our country is are suffering from a very disadvanta- power of Washington lobbyists. Last aware, we have really suffered from geous trade deficit at the present time. week the gentleman from Massachu- high fuel prices over the last several We will add 243,000 jobs to our econ- setts (Mr. MEEHAN) and the gentleman months. And this has probably been omy and reduce greenhouse gases by 7 from Illinois (Mr. EMANUEL) introduced the greatest drag we could possibly million tons a year. So we think that legislation that would dramatically re- have on our economy at the present biodiesel and ethanol is a very viable form the way lobbyists do business in time. We are now nearly 60 percent de- alternative. It reduces our dependence this town. The reform legislation pendent on foreign oil. And OPEC can on foreign oil. And we would hope that would force lobbyists to publicly dis- influence the price of fuel here dra- the other body would consider includ- close who they meet, whether it is a matically by either loosening or tight- ing the Fuels Security Act in con- Member of Congress or an administra- ening their fuel supply. We recently ference when and if they get the energy tion official, and what issue they are saw that with our negotiations with bill passed. lobbying about. If the news reports of Saudi Arabia. And so this is a very un- f the last 4 months have shown any- comfortable position for this country thing, it is that lobbyists work below to be in. ABUSES OF POWER LOBBYING REFORM the radar screen here in Washington, An alternative to foreign oil is eth- and it is time for that to change and anol and biodiesel. Currently, 10 per- The SPEAKER pro tempore. Under a this reform legislation to get a good cent ethanol blends are roughly 10 to 15 previous order of the House, the gen- start. cents a gallon cheaper at the pump tleman from New Jersey (Mr. PALLONE) The gentleman from Massachusetts is recognized for 5 minutes. than regular gasoline. We find that E (Mr. MEEHAN) and the gentleman from Mr. PALLONE. Mr. Speaker, abso- 85, which is 85 percent ethanol, is 60 to Illinois (Mr. EMANUEL) want to bring a 70 cents a gallon cheaper. So in my lute power corrupts, and over the last Republican on board to make their re- State, Nebraska, E 85 has been selling decade, the cozy relationships that form legislation bipartisan, but so far for about $1.60 a gallon, where other have been created between House Re- they have no takers. In fact, when the publicans and powerful corporate lob- fuels have been $2.20 and $2.30. gentleman from Texas (Mr. DELAY), Currently, 20 States produce ethanol, byists have led to lobbyists controlling the majority leader, was asked about and that would include California and what happens here on the House floor. the reform legislation last week, his Earlier this year, the Republican ma- Kentucky, States that at one time we first response was to simply laugh. And jority rammed through weaker ethics assumed would never be in the ethanol then the gentleman from Texas (Mr. rules to protect one of their leaders business. And as many people know, DELAY) responded, and I am quoting, who has come under scrutiny because ethanol can be produced from biomass, ‘‘I am not interested in the water that of his relationship with a lobbyist. For- even certain types of garbage. And I they are carrying for some of these tunately, the American people were think eventually all 50 States probably leftist groups.’’ will have some type of ethanol produc- not fooled by this stunt. They saw the Now, I would maintain that lobbying tion of one kind or another. new rules for what they were, nothing reform should not be a partisan issue. In 2004 we produced 3.6 billion gallons more than an attempt to protect a The majority leader should not stand of ethanol. This year, 2005, we will hit powerful Republican leader. Finally, in the way of any Republican who de- roughly 4.5 billion gallons. And the rea- after media and public outcry became cides to sign on to the Meehan-Eman- son I am here tonight is that I want to too much for the Republican majority uel bill. make clear that people understand to endure, Republicans agreed to rein- that the renewable fuel standard in the state the old bipartisan ethics rules. And could it be that the Republican energy bill passed by the House and However, Mr. Speaker, it is impor- leadership has become so cozy with now sent over to the other body man- tant to remember that had the public Washington lobbyists that they do not dates that we go to 5 billion gallons of been indifferent and had the Democrats want to see any lobbyist reform? ethanol production by the year 2012. on the Ethics Committee gone ahead Mr. Speaker, 10 years ago the gen- Well, we are going to be over 5 billion and allowed the committee to organize tleman from Texas (Mr. DELAY) said gallons next year, in 2006. And that is under the weakened rules, today this right here on the House floor, and I am why we have introduced the Fuels Se- House would be structured under ethics quoting, ‘‘The time has come that the curity Act. The Fuels Security Act rules that would allow either side, American people know exactly what proposes that we raise the ethanol al- Democrat or Republican, to shield its their representatives are doing here in lotment from 5 billion gallons to 8 bil- Members from scrutiny. Mr. Speaker, Washington . . . are they feeding at the lion gallons by 2012. the Republican ethics reversal was public trough, taking lobbyist paid va- Increasing ethanol production will good for this institution and good for cations, getting wined and dined by have several positive consequences and the American public. special interests? Or are they working effects on the economy. Number one, it I wanted to say, though, Mr. Speaker, hard to represent their constituents? will lower the price of gasoline. Cur- that lobbyists still have too much The people, the American people have rently, the ethanol industry that we power within the Republican majority a right to know.’’ have in place today lowers the average here on Capitol Hill. House Repub- Now, that is what the gentleman price of a gallon of gasoline by 29 cents. licans turned to lobbyists from the from Texas (Mr. DELAY) said, as I said, So if somebody has been paying $2.20 at pharmaceutical industry to write a 10 years ago. But, Mr. Speaker, what the pump, they would be paying about prescription drug law that does noth- has happened to the majority leader $2.50 if we took ethanol out of the pic- ing to help senior citizens with the over the last 10 years that makes him ture. skyrocketing prices of their prescrip- sing a different tune today? Ethanol production raises the price tions drugs. Republicans turned to lob- I think it is time this House support of a bushel of corn by about 30 to 40 byists from the oil and gas industry to real lobbying reform, and it is time cents a bushel. As corn prices increase, write an energy bill that does nothing House Republicans seriously look at farm payments decline. It is a to address the rising costs Americans the ideas that the gentleman from countercylical effect. And so ethanol pay at the pump. With each of these Massachusetts (Mr. MEEHAN) and the reduces the cost of the farm bill by an bills rewarding lobbyists with billions gentleman from Illinois (Mr. EMANUEL) estimated $5.9 billion over 10 years, of dollars in tax breaks and govern- have put forward in their legislation.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9200 CONGRESSIONAL RECORD—HOUSE May 11, 2005 EXCHANGE OF SPECIAL ORDER Now, there is nothing wrong with As we go through this discussion over TIME numbers, and there is nothing wrong the next number of weeks and months Mr. PRICE of Georgia. Mr. Speaker, I with passion, and there is nothing and years, frankly, I urge my col- ask unanimous consent to take the wrong with emotion. It is just that leagues to look anew, to look objec- time of the gentleman from Indiana they may not get you to the right solu- tively at the issue of stem cell re- (Mr. BURTON) at this time. tion. search. If we do, I believe that we can The SPEAKER pro tempore. Is there And such is the case, I believe, with then all determine that we will work in objection to the request of the gen- the issue of stem cell research. What is a reasoned manner together to allow tleman from Georgia? the problem? What is the problem that scientists and researchers to help the There was no objection. we are trying to address with stem cell patients of our Nation. research? Well, it is diseases. Patients f f have diseases and stem cells may be SCIENTIFIC MODEL FOR DECISION- able to cure some of those diseases. A FREE AMERICAN MAKING Stem cells are cells that when they The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a are stimulated or encouraged, they KUHL of New York). Under a previous previous order of the House, the gen- may become other kinds of cells, many order of the House, the gentleman from tleman from Georgia (Mr. PRICE) is rec- of which may be beneficial in the treat- Washington (Mr. MCDERMOTT) is recog- ognized for 5 minutes. ment of diseases. nized for 5 minutes. Mr. PRICE of Georgia. Mr. Speaker, I And there are basically three types of Mr. MCDERMOTT. Mr. Speaker, last appreciate the opportunity to address stem cells. There are embryonic stem night, the House passed House Resolu- the House this evening and talk about cells, those cells that come from an tion 193 as a suspension bill. For people an issue that is not Republican; it is embryo, a human before it is born. who may not know, suspension bills not Democrat. It is an issue that may There are cord or placental cells, those are meant to be noncontroversial potentially affect every single citizen cells that are left over after the birth measures the House typically passes in our Nation. of a baby. And then there adult stem unanimously. When I ran for office as a physician, cells; and those cells, in spite of the I voted no. Let me tell you why. Be- many folks in my district and in my fact that they are called adult, come cause it was a protest vote meant to family and in my practice asked me from anybody that has been born. encourage freedom and liberty for all Now, regardless of where you come why? What on Earth do you want do Americans. Let us start with what it down on this matter, which cells ought that for? Why would a physician run said. to be used, I think it can be said that for office? H.R. 193 is a resolution that says in no one can state that this issue is not Well, in addition to the feelings that part, ‘‘expressing support to the orga- full of ethical dilemmas. The beauty of most of us had, I suspect, about mak- nizers and participants of the historic this issue is that science, if you follow ing a real difference, one of the things meeting of the Assembly to Promote the science, we can avoid those ethical that attracted me to being a public the Civil Society in Cuba on 20 May challenges. And the bonus is that they servant, running for office, was the op- 2005 in Havana. Whereas, Fidel Castro’s work. terrorist regime has continued to re- portunity to bring the scientific model If you take a peek at this poster press all attempts by Cuban people to to decision-making in the world of pub- here, what we have are adult stem bring democratic change to Cuba and lic policy. As a physician, I was trained cells. And there are all sorts of dif- denies universally recognized liberties, in the scientific model. ferent adult stem cells. There are bone And what is that? That means that including freedom of speech, associa- marrow and peripheral blood and hair when you have a problem before you, tion, movement and the press.’’ and cells from your stomach or your GI like a patient who has a disease that I could go on but there is no need to. tract or the placenta or the brain. All you do not know about, that you work It is all right there in what I just read. of those can result in a different kind as hard as you can to identify that We decry liberties denied Cubans while of cell. You can get tendon from bone problem, and then you gain as much in- a Cuban-American in my city of Se- marrow. You can get nerves from pe- formation about that problem as pos- attle is denied the right to go to Cuba ripheral blood cells. You can get heart sible. And then you define specific so- to visit his son by the U.S. govern- cells from skeletal muscle cells. All of lutions for the problem, and then you ment. these kind of cells are available. enact one of those solutions. You enact In addition to that, the adult stem Remember the grandstanding on one of those treatment plans, if you cells that have been used and studied Elian Gonzales? We wag our fingers at will, and you measure the result, see have actually shown great benefit in Fidel and shout about Cubans being de- where you are; and if you are not where many different diseases, unlike embry- nied liberty at every moment. Well, we you need to be, then you change what onic cells to date. Adult stem cells are denying the right of an American you are doing and move on so that you have treated 43 different types of dis- to travel to Cuba for a few days to see make modifications that are necessary eases from brain cancer to myasthenia his son. How hypocritical is that? so that you work toward that end goal. gravis to stroke. So they work. A cou- I am talking about the plight of Ser- Now, this is a classic model for doing ple of examples, Parkinson’s patient geant Carlos Lazo. He came to America all that is necessary and not more. It treated with his own adult stem cell from Cuba in the early 1990s floating on also allows for the greatest amount of continues to exhibit relief from 80 per- a raft in the ocean. He risked his life critical thinking about any issue, not cent of his symptoms more than 6 for a chance to come here. Talk about just scientific issues, but any issue; years after his surgery. A phase 1 the quintessential story about risking and if it is followed, it will result in human clinical trial using this therapy everything to call America home. Car- the best outcome. is currently under way. los Lazo is the stuff of books and mov- Now, the opportunity to bring this ies and news coverage. He wants none type of decision-making, what I call so- b 1830 of it. He just wants to see his children lution-making, to Congress is truly a Umbilical cord cells were used to in Cuba. And the United States govern- great privilege. For if we do not ad- treat a South Korean woman who had ment will not let him go. dress problems in this manner, then we been paralyzed, a spinal cord injury. Floating on the raft in the ocean, are left with political battles where the She now is able to walk. that is what Carlos Lazo did. That is argument that carries the day goes to Dr. Denise Faustman, a leading dia- about as courageous as it gets. So he the group with the most and greatest betes researcher from Harvard has arrives in America. He moves to the number of troops on their side, or with completely reversed end-stage juvenile State of Washington. A man grateful to the side that has the most passion or diabetes in mice and has FDA approval be alive, he determines to embrace his the most emotion in their argument. to begin human clinical trials. new country and do everything within

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9201 his power to give back. He joins the homeland, so he can be a free Amer- Pantano as he faces trial. I continue to Washington National Guard. Over a ican. urge my colleagues in the House to year ago, his unit dispatched to Iraq. If you want to make a real statement about take some time to read my resolution Now Carlos serves his country in one of what it means to be free, let one American be and look into this situation for them- the most dangerous places in Iraq, free, free to travel, free to be reunited with his selves. Fallujah, as a medic. He serves on the children, free to show the people of Cuba, Lt. Pantano’s mother also has a ground in Iraq for a year. firsthand, what freedom means in this country. website that I encourage people to When his duty is over, Carlos wants Free to show Cubans firsthand that America visit. The address is to go see his kids still in Cuba. Carlos does not have to prevent its citizens from www.defendthedefenders.org. I would goes to Miami, but he is denied the leaving the country in order to keep them. like to repeat that, right to travel to Cuba. He is denied Mr. Speaker, use your office to intercede www.defendthedefenders.org. the right to board an airplane bound and let this House stand as a beacon of free- Mr. Speaker, I close once again by for Havana. He saw them in 2003, and dom and liberty for every American, not just asking that we do not send the wrong he is told by the government: You can- some Americans. message to our men and women in uni- not see them again until 2006. Three So long as Carlos Lazo is forbidden from form and cause them to second guess years. visiting his children in Cuba, America can only their decisions. I fear that instilling Sergeant Lazo, who proudly served be known as the land where some are truly doubt into the minds of our Nation’s America, who risked his life to get here free and others are truly denied liberty. defenders places their lives and the se- and risked his life to defend liberty, is Send Carlos Lazo to Cuba. curity of our Nation in jeopardy. Mr. Speaker, I close by asking God to now a man whose liberty has been de- f nied. He cannot see his children in please bless Lt. Pantano and his fam- SUPPORTING LT. PANTANO Cuba until the President lets him go. ily, and hopefully, on Friday, this deci- When will Carlos be able to visit his The SPEAKER pro tempore. Under a sion will be to exonerate this wonderful children in Cuba? I ask that the Speak- previous order of the House, the gen- lieutenant who loves his country. I also er, because the administration is in de- tleman from North Carolina (Mr. ask God to please bless our men and nial, call the White House. They want JONES) is recognized for 5 minutes. women in uniform and their families. I to perpetuate a bureaucracy and a Mr. JONES of North Carolina. Mr. close by asking God to please bless failed policy, not assist an American Speaker, I have spoken at great America. who wants the sum total of what every lengths now about Second Lieutenant f parent wants, the right to see their Ilario Pantano, a Marine who served NATIONAL COVER THE UNINSURED kids. our Nation bravely in both Gulf Wars WEEK and who now stands accused of murder The government has in place a policy The SPEAKER pro tempore. Under a for defending himself and this country. which denies the basic liberties of an previous order of the House, the gen- American hero, and we have not lifted Lt. Pantano’s article 32 hearing tleman from Illinois (Mr. DAVIS) is rec- ended 2 weeks ago, and now the inves- one finger in this House to help Carlos ognized for 5 minutes. Lazo. The Secretary of Defense is not tigating officer in the case, Major Mr. DAVIS of Illinois. Mr. Speaker, I interested in him. The White House is Mark Winn, is set to make his rec- rise today to call attention to the fact not interested in its citizen. The White ommendation on the case to the Sec- that last week was the third annual House and this House are only inter- ond Marine Division Commander, Gen- National Cover the Uninsured Week. ested in wagging fingers at Fidel Cas- eral Richard Huck, by Friday. The purpose of National Cover the tro. I stand here today to represent the Uninsured Week is to raise awareness Carlos Lazo is a man who embodies thousands of people who have joined in of the problem of the uninsured and the everything Americans stand for, cour- my hope and prayers that, on Friday, need for reliable and affordable health age, determination, quiet thanks from Major Winn will recommend that all care coverage. To this end, I shall a man grateful to have made a new life charges be dropped against Lt. briefly discuss the problem that we and a new home. And now Carlos is a Pantano. face as a Nation and call attention to man who cannot be united with his Based on the facts of the case, the some proposed movement towards solu- family. Carlos is a man who did not man who brought forth the allegations, tions. want to be anything but a quiet, grate- Sergeant Coburn, is someone who did The challenge that we face as a Na- ful American and is forced to become a not see the shooting and who waited 21⁄2 tion is grave. According to the U.S. man in the spotlight, hoping someone months to report the incident. I am Census Bureau, 45 million Americans will pay attention, hoping someone convinced that this lieutenant should lack health coverage, a figure which will let him see his kids. and will be exonerated of all charges. includes 8 million children. In my H. Res. 193 is a suspension bill that I know that, during the hearing, both home State of Illinois, 1,800,000 individ- would have us suspend disbelief. Carlos his Marine and civilian attorneys did uals lacked health coverage in 2003. deserves the thanks of a grateful Na- an excellent job of proving the inno- This problem is not merely one of num- tion and the immediate assistance of cence of Lt. Pantano, and I have the bers, statistics, charts and figures. It this administration and the Congress. utmost confidence in the system that impacts real live people in every State We ought to add his name to H. Res. 193 the truth will prevail. in the Nation. so he can travel. We should do that and Mr. Speaker, I wholeheartedly be- Families forced to pay high medical make a resolve that the United States lieve that Lt. Pantano was doing his bills out of pocket are the same fami- of America, which sees itself as a bea- job when he found himself in an unfor- lies that default on loans, are unable to con of liberty in the world, extend its tunate situation where he needed to de- save for their children’s education and support to Carlos Lazo and will facili- fend himself and his platoon members are forced into bankruptcy. Children tate his immediate travel to Cuba to be against the enemy. who lack coverage are children who are reunited with his kids. Having met and interacted with Lt. unable to get necessary preventative Anything less than fighting and de- Pantano and his family over the past care or treatment. Additionally, the fending the liberty of Carlos Lazo from few months, I have had the opportunity problem is the enormous burden on the State of Washington is the work of to get to know them well. I am certain health care providers who sometimes a Congress long on hyperbole and short that the man I have come to know is must charge those who are covered on action in defense of liberty. not a murderer. He is a dedicated Ma- more in order to care for those lacking Mr. Speaker, call the Secretary of rine who loves his Corps, his country coverage, as they are mandated to do Defense before the day is out. I bet he and his family. in emergency situations. This situation is still in his office. Send Carlos Lazo Mr. Speaker, I put in a resolution, only fuels the ever-increasing cost of to Cuba, to his sons in his former House Resolution 167, to support Lt. health care in this country.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9202 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Sadly, I know all too well that I have going through basic training at Camp next week he was not as fortunate. On not just shed light on a previously un- Walters, Texas, and he, too, served in September 23, the Germans started known problem. My colleagues in the the great World War II in Europe. shelling and they continued to shell. House have surely heard this many At any event, Private McClammy Amidst an artillery barrage, a nearby times before. However, all of our talk later was sent to Fort Benning, Geor- shell explosion sent shrapnel flying has yet to provide solutions. gia, for jump school to complete air- into Private McClammy’s hip. He was Fortunately, three bills have been in- borne training. Following the D-Day the sole survivor because three of his troduced that will help to alleviate this landings, Private McClammy was as- teenage friends, other members of the grave and well-documented problem: signed to the 501st Parachute Infantry 101st, were killed in that attack. He the Medicare Early Access Act, the Regiment, 101st Airborne Division’s was trapped for several days, and fi- Family Care Act and the Small Busi- Easy Company and was deployed to nally evacuated to a field hospital in ness Health Insurance Promotion Act. Holland. Belgium where they operated on him. Together, these bills will help to ex- Having been a member of the famous He was then flown to a facility in pand access to Medicare to younger Screaming Eagles for less than 4 England where he spent the remainder workers, provide incentive to States to months, this young private was about of September until early December re- extend the State Children’s Health In- to experience a day he would never for- covering from his wound. At that surance Program, CHIP, to working get. It was Sunday the 17th, Mr. Speak- point, he traveled on a crowded ship parents and eligible children, and make er, a perfect Sunday in September of back to the United States where he it easier for small businesses to cover 1944. Private McClammy was one of boarded a train from South Carolina to their employees. It is quite possible more than 30,000 Americans and allied Texas that stopped at various cities in that enactment of these proposals paratroopers involved in Operation the southern United States to drop off would extend coverage to 20 million Market Garden. They were charged wounded veterans. more Americans. with the important yet extremely per- Private McClammy was discharged While this is less than half of the ilous mission of descending into Ger- after the war and, like many of his total number of America’s uninsured man-occupied Holland. Their objective band of brothers, never learned he had population, it is certainly a step in the was to secure the bridges across this earned the Bronze Star for his action right direction. After all, even a jour- occupied country’s rivers so the allied in World War II. It was only recently ney of 1,000 miles must begin with a forces could avoid the German defense that a friend and fellow soldier from single step. But the real deal is, Mr. line, the Siegfried line. the Easy Company, Willie Ray Fox, Speaker, we need a national health brought this to his attention. plan, single payer, with everybody in, b 1845 Mr. McClammy tried for 2 years to nobody out. Health care is indeed a One of these bridges was referred to get his medal without success. In right and not a privilege. Every Amer- in the military history as a Bridge Too March, he contacted my Jefferson ican should have it. Far. The 101st traveled swiftly north- County office, and he was awarded f wards and into the lowlands of Ger- those medals last week. HONORING JAMES MCCLAMMY many. If their valiant jump attempts Mr. Speaker, I want to thank the were successful, many believed the war The SPEAKER pro tempore. Under a military and members of my office for could be over by Christmas, but this previous order of the House, the gen- helping to find him those medals, and was not to be. tleman from Texas (Mr. POE) is recog- they were, Mr. Speaker, the World War Private McClammy recalls the morn- nized for 5 minutes. II Victory Medal, the Combat Infantry Mr. POE. Mr. Speaker, I rise today to ing of the daylight jumps. He says, Badge 1st Award, the Honorable Serv- salute an almost 80-year-old veteran ‘‘My memory is not as good as it used ices Lapel Button, the World War II from my southeast Texas district. A to be, but it was a beautiful day and Parachutist Badge, the Purple Heart, dedicated American, a charter member there was no enemy fire. Our goal was and the Bronze Star. of the greatest generation, Private to capture and hold a bridge, a railroad We thank Private McClammy for his James McClammy this weekend finally bridge in Veghel, Holland, to prevent service. We thank him for being a good received the honors due him after 60 the German Army from seizing and de- American. We thank him for his serv- years. stroying it. While the Germans were ice. A bit of history is in order, Mr. initially caught off guard by the air- As Shakespeare wrote many years Speaker. Private McClammy was born borne landings, they were by no stretch ago about the band of brothers: ‘‘From in Canton, Mississippi, in the mid- of the imagination defeated.’’ this day to the ending of the world, but 1920s. James McClammy grew up dur- The jump into Holland was unlike we in it shall be remembered—We few, ing the Great Depression. Times were any of Private McClammy’s other we happy few, we band of brothers.’’ tight, tough and hard. jumps because there was no swinging f Mr. Speaker, he was a depression around after his chute opened. Because UNITED NATIONS REFORM baby, as he calls himself. His family they were so close, they jumped and al- moved to Poke County, Texas, just most immediately hit the ground. Dur- The SPEAKER pro tempore. Under a outside of Livingston. That is in the ing the mission, Private McClammy’s previous order of the House, the gen- Piney Woods of deep east Texas. He personal duties were clear: move for- tleman from New Jersey (Mr. GARRETT) was the son of a State highway worker. ward, capture the bridge. is recognized for 5 minutes. And although he lived in a peaceful The Screaming Eagles 501st Regi- Mr. GARRETT of New Jersey. Mr. country atmosphere, the world would ment was led by Colonel Howard John- Speaker, as we approach the 60th anni- soon be at war again. son. With all of but one of his battal- versary of the United Nations, it is ap- This teenager would be like thou- ions descending as planned into the propriate that we look at its original sands of other Americans; he, too, drop zone near Veghel, Colonel John- mission and evaluate whether the would go off to war. With the outbreak son’s men, including Private United Nations has accomplished what of World War II, Mr. McClammy was McClammy, marched steadfastly into it was set out to do. drafted right out of high school. A the city where they successfully com- The U.N. charter states in part that strapping 18-year-old, he has answered pleted their mission and held and fol- its purpose is to maintain inter- that call with abiding courage. He lowed their orders: hold until relieved. national peace and security; to develop began his basic training in the Lone He says, ‘‘We held the bridge and friendly relations among Nations; to Star State at Fort Sam in San Antonio then got relieved by another unit. It achieve cooperation; and to promote and then in Camp Walters, Texas. wasn’t until later in the day that the and encourage respect for human It is interesting to note, Mr. Speaker, enemy fire started.’’ While he com- rights. But, unfortunately, if we look that my dad about the same time was pleted that day’s work unscathed, the at the U.N.’s record on these issues, we

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9203 see that they have failed on every ac- The U.N. claims to be addressing SOCIAL SECURITY REFORM count. these concerns by establishing the The SPEAKER pro tempore. Under Firstly, the U.N. has not maintained Volker Commission to investigate the the Speaker’s announced policy of Jan- international peace and security. In allegations. However, it has been stat- uary 4, 2005, the gentlewoman from fact, since 1945 there have been over 300 ed by a member that Volker has close Kentucky (Mrs. NORTHUP) is recognized wars and over 22 million people have ties to the U.N. and also to Secretary for 60 minutes as the designee of the died in those wars. The only two times General Annan, as well as other con- majority leader. that the U.N. has ever supported inter- flicts. He has been accused of down- GENERAL LEAVE vening to stop hostilities was the Ko- playing Kofi Annan’s involvement in Mrs. NORTHUP. Mr. Speaker, I ask rean War, when the Soviet Union had the scandal in his most recent interim unanimous consent that all Members boycotted the Security Council meet- report, and it was just 2 weeks ago that may have 5 legislative days within ing, and the first Persian Gulf War. two of his top investigators on that which to revise and extend their re- In fact, the biggest threat to the civ- very commission resigned because they marks and include extraneous material ilized world today is terrorism, and the felt that the report was too soft on on the subject of my Special Order. U.N. has failed throughout its exist- Annan. The SPEAKER pro tempore. Is there ence to develop a clear definition of Volker is continuing to block con- objection to the request of the gentle- what terrorism is even. woman from Kentucky? Another main mission of the U.N. is gressional investigations by demanding that those committees return relevant There was no objection. to promote and encourage human Mrs. NORTHUP. Mr. Speaker, to- documents and not allowing the inves- rights and equal rights throughout the night we are eager to talk about Social world. The U.N. Commission on Human tigators that resigned to testify before Security and to talk about what it Rights is the primary body to get that Congress. means to this country, to our seniors, job done. I think that this behavior by the U.N. to those that are about to be seniors However, such countries as Cuba, and its investigating committee is to- and to our younger generations, our Sudan and China, all of which have tally indefensible and cannot be toler- children, our grandchildren who will long histories of violating human ated. Kofi Annan’s complete lack of hu- support the system throughout their rights, sit on that commission. In fact, mility, contrition, and acknowledge- work years and to talk about new op- several years ago, Libya, with its ter- ment of any wrongdoing should be dis- portunities that exist in Social Secu- rible human rights record, was selected appointing to the entire world; and it rity to make sure that Social Security to serve as chairman of that human is for that reason that I support sus- is sustainable and solvent for their rights commission. pending all U.S. funding to the U.N. lives, just like it is for those who are In regards to the U.N. fulfilling its until they agree to cooperate fully seniors today. mission of solving international prob- with the ongoing investigations into I think we should start the discus- lems of an economic, social and cul- the Oil-for-Food scandal. sion by inviting seniors today who cur- tural character, recent reports by the rently receive benefits to stay tuned. Heritage Foundation, the Freedom Another ongoing scandal at the U.N. that has not received as much press is There are many people that talk about House, and The Wall Street Journal all Social Security, that remind seniors indicated that a majority of the na- the human rights violations in the Congo. U.N. peacekeepers in the Congo that whatever changes occur they are tions that are in the U.N. are neither changes for those who are in the cur- stand accused of committing 150 major politically nor economically free na- rent workforce and that it will not human rights violations. They are ac- tions. change for today’s seniors. Sometimes cused of raping and forcing prostitu- These general problems with the that sounds a little bit like saying to tion on hundreds of refugees, many of unaccountability of the U.N. lead me today’s seniors that they are not need- them children. These barbaric acts to one of the biggest problems and big- ed when, in fact, they are badly needed raise serious questions of the ability of gest scandals in the history of the U.N. in this discussion. and that is the Oil-for-Food scandal. U.N. oversight on their very own peace- It has always been our seniors that Right after the first Gulf War, this keepers. have appreciated Social Security spe- was put in place. The Oil-for-Food pro- The United States has contributed cifically, but also had a broad interest gram was created to help those people over $750 million towards that Congo to reflect on what it means to them in that country get the food and sup- peacekeeping mission since 2000. So the and how important it is for their chil- plies that they needed. However, Sad- U.S. taxpayers at home, I believe, dren and grandchildren. Over the years, dam Hussein used the money to ad- should know where their money is they have been the caretakers of a sys- vance his own weapons and military going and should know that the U.N. is tem to make sure that Social Security programs as the poor people continued doing its job to make sure that the lasted beyond their generation and into to be plagued by starvation and dis- people over there are protected. the future, both for their children and ease. All these problems that I have men- grandchildren, but also for the good of By allowing the corrupt Saddam Hus- this country. sein regime to manipulate the Oil-for- tioned just now lead back to the very point that I am trying to make here to- We need our seniors today just like Food program and bribe officials from we have always needed our seniors. We other countries around the world, more night, that there is a lack of oversight and accountability by an international need them to pay attention to this de- than $21 billion was stolen by Hussein bate, to participate in it, to bring us at the very expense of the people that body that claims to represent the moral conscience of the world, and this their good ideas, and to remind us that the program was designed to help, the it is just as important to them that Iraqi poor. should not be tolerated. As the largest financial contributor to the United Na- their children and grandchildren have a The U.N. has continuously denied ac- secure and solvent system of Social Se- tions in the world, the United States is cess to the papers that would help us to curity available to them. the one country in the best position to get to the bottom of this. That is per- So I thank our seniors for their con- haps one of the most troubling prob- demand these reforms. cern. I thank them for the fact that lems with the Oil-for-Food program, Tomorrow, we are expecting an ex- they raise the issue at public meetings, the lack of cooperation by the U.N., tremely important vote to take place in letters to the editor, in the mall. All lack of cooperation to help us all get to on the other side of the Capitol. A vote of the places that we visit, they remind the bottom of what really went on. ‘‘yes’’ there will be a vote for U.N. re- us that Social Security is important They have denied us access to papers, form, but a vote ‘‘no’’ will be a vote and that they are listening and that and they have also denied us access to against U.N. reform. I certainly hope they care about the issue. the people who were involved and that that other body will vote in favor I invite them to listen to the ideas shielded them from responsibility. of U.N. reform. about the changes, changes in this

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9204 CONGRESSIONAL RECORD—HOUSE May 11, 2005 country, changes in the demographics, But, today, Mr. Speaker, as she so harm and then underscore, as the gen- changes in the challenges, and to bring clearly pointed out, there are only tlewoman said earlier, that all of us, I to us their ideas of how we can better three people working. And when my guess it is a sign of the times, all of us improve Social Security, make it children, much less my four wonderful who were born before 1950 are not going stronger and more secure for their chil- grandchildren, retire, there will be to be affected. dren and grandchildren. only two. That chart, when you put The plans have been made. Folks are It would be hard to start such a dis- that on an easel and the folks attend- depending on the checks coming like cussion without starting with the dif- ing the town hall meeting have a this. And, frankly, we do not want to ference in the demographics in this chance to look at that and absorb the have anybody alarmed that there will country and why they present to us impact, by the time I get to the point be changes in the Social Security new and different challenges than when in the meeting where I ask all those at- checks that they have come to expect. Social Security began back in 1935 or tending how many of them think we But in the long term, we are looking to when it was last changed back in the need to do something, that we need to strengthen the program, and we are early 1980s. do something to strengthen Social Se- just coming to grips with the demo- So let us start there. When Social Se- curity, to fix Social Security, every graphics that she described that show curity began, there were 40 workers hand goes up. I think it is inescapable. we simply are not going to have supporting every retiree. Forty work- It is interesting that, in my town enough people working and paying ers are a lot of workers, and for a little hall meetings, most of them were de- taxes to provide for retirees if we do bit, all of those workers could pool and signed to invite senior citizens to come not do something to strengthen the support the retirees that were cur- into the meeting, and so the vast ma- system. rently in the system. jority of the folks attending the meet- With that, I yield back to the gentle- Not so long ago when we last changed ing and engaging in the discussion were woman. Social Security, there were 12 workers in fact seniors. Some of them had come Mrs. NORTHUP. I thank the gen- in the system that supported every re- at the urging of organizations like the tleman for his comments, Mr. Speaker. tiree; and so, again, it was a program AARP. But across the board, they look And, you know, the gentleman from where current workers could fairly eas- at the inescapable fact that we have Minnesota brought up the changes in ily support the retiring community. fewer and fewer and fewer people work- demographics and not only the fact Today, there are only three workers ing for each retiree, and also they real- that there are fewer workers for every in the system for every retiree, and ize the inescapable fact that we are retiree but also the fact that we are that means that every worker has to just living longer. living longer, and I think we all have give considerably more to the system If you look back to when Social Se- to really celebrate that. in order to make sure that we meet the curity started, under the urging of It used to be that the average age of needs of our retirees; and for our chil- President Roosevelt, the average life death was when you were 61; you could dren when they start to retire, there expectancy was around 61. I know it not retire until you were 65. So forward will only be two workers in the system changes if you are a man or if you are looking, you did not have the hope of for every retiree. a woman and so forth, but the general so many years of retirement and oppor- b 1900 life expectancy was about 61. By the tunity to live and travel and live a life And so we are looking to improve the way, retirement age was 65. A very in- full of opportunities to see your grand- system, to strengthen the system, to teresting concept they had back then. children grow and graduate from high make sure it is for our children, as But, today, the life expectancy is on school. So the changes in demographics they bear that responsibility, also an the order of 77 years. And as we look at are really something to celebrate, to opportunity to strengthen the system the retirement situation for my chil- appreciate and to recognize that it is itself and that it will be a system that dren and grandchildren, life expectancy to the benefit of all of us. But we have they can then pass on to the genera- is around 83 or 84 years. Clearly, we are to make sure that the Social Security tions behind them as a strong, solvent living longer, we are having smaller System supports those changes. and sustainable program. families, and we are going to end up in I see that my friend, the gentleman Mr. Speaker, my friend here, the gen- the situation where the demographic from Texas (Mr. CONAWAY) is here to tleman from Minnesota (Mr. KLINE), is changes in this country are going to join us in the discussion, and I want to eager to talk about this issue and to put us in a position where there simply welcome him and thank him for joining share with me his perspective. I know are not enough people working in order us. I will bet he is hearing many of the he hears from his seniors. I know he to provide the benefits for our retirees. same discussions in Texas these days, hears from the young people in his dis- Now, in one moment, I will be happy and I yield to him now, Mr. Speaker, to trict, and he understands the challenge to yield back to the gentlewoman, but comment about that. that we face as the demographics it has been interesting to me as we Mr. CONAWAY. Mr. Speaker, I appre- change, and so I yield now to him. have gone forward in the discussion in ciate the gentlewoman’s yielding to me Mr. KLINE. Mr. Speaker, I thank the this debate how often some of us are and allowing me to visit with our col- gentlewoman from Kentucky (Mrs. accused of wanting to destroy Social leagues tonight on a very important NORTHUP) for yielding to me and I also Security or wreck Social Security or topic of Social Security reform, and I thank her for her leadership on this end Social Security or put something am indeed hearing a good bit about issue. risky into the program that my moth- this. I was just listening to her talk about er, for example, my 84-year-old mother Mr. Speaker, I am a CPA, an ac- the change in demographics, and I im- depends on, and that is Social Secu- countant, and I address problem solv- mediately sort of flashed back to a rity. Now, I do not, I know the gentle- ing by first deciding whether or not whole series of town hall meetings that woman does not, and our colleagues do there is a problem. My colleagues to- I held in my district. I know many of not want in any way to destroy Social night have presented a very good case my colleagues have done those, and one Security and the very important bene- for the fact that we do have a problem. of the charts that I have put up in all fits that so many of our seniors depend Now, you can call it a crisis. You can of these town hall meetings is a graph- upon. So as we have gone forward in call it a problem, or you can call it ic that shows very clearly the very this discussion and certainly as we challenges. I think we should not get issue that my friend from Kentucky have looked at the many, many pro- hung up on the descriptor; let us just was talking about. It is a chart that posals, we track them in our office. simply look at the math. shows that, as late as 1950, there were And we are up to 13 identified proposals A lot of what we do in Congress is 16 people working and paying social se- to do something about strengthening based on things that are not quite as curity taxes for each retiree. Sixteen and saving Social Security. We look to verifiable as the math associated with for one, as late as 1950. make sure it is not going to do any this issue. And you do not have to be a

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9205 rocket scientist to understand the So in my mind, we do not have to because that is what we are doing, that math, to have gone through the num- argue it is a crisis or whatever. In my exact same thing. We are writing ber of employees working versus the mind, we ought to be about fixing So- checks that we cannot cash, that we number of recipients and how that cial Security today, so that when we are going to require our children and ratio is closing to get to two to one and begin to face what I think is a much grandchildren to pay off. the fact that in the law today is built heavier problem and heavier lift, which And Social Security is in that mix. in a 27 percent cut in those benefits in is Medicare and Medicaid, we will have And so we should be very serious about the year 2041, 2042. It is at that point Social Security behind us and set for this process of reforming it. I am ex- that the trust system, the trust fund the foreseeable future, infinite horizon, cited that, tomorrow, as I understand will have exhausted, and there is a cut whatever you want to talk about, that it, we will begin to have hearings in in benefits at that point in time. I have we have in fact put this behind us and the Committee on Ways and Means to a son that will be retiring at about are now working on those two very begin to look at specific things. Until that point in time, and I am not inter- daunting challenges. this point in time, the effort has been ested in him having a 27 percent cut in Some of the opposition that I hear, to try to convince each other that we his benefits. and most of that opposition until re- do in fact have a problem that needs The other thing that I think each of cently has been what I refer to as our addressing and needs addressing now. us has to tell all of the seniors, and I outside voices; we have not had too We are coming to the end of that have a mom and dad out there who are many conversations using inside stage, and now is the stage we begin to dependent upon Social Security, that voices. Remember the kindergarten look at the individual solutions, adopt your benefits are fixed. They will con- days, when you would come in off the the ones that ought to stick with us tinue to grow under the existing laws. playground, and the teacher would say, and cull the ones that should not. So And my colleagues who are in the 55- Let’s begin to use our inside voices. We we are in the process of gathering all and-up bracket, the same rules apply listen to each other better when we are those good ideas up to see which ones to you. Your initial benefit, that pri- using voices than when we are scream- fit. My guess is, it will be a multi- mary insurance amount that is talked ing at each other at the top of our faceted fix. There is no one single about, is in the law now, and when you lungs. change or new policy that will fix So- turn 62 or 65, then that number will be Recently, I participated in a meeting cial Security. It is going to require a set, as you are expecting it to be set with some representatives from AARP lot of pushing and shoving in a lot of today, and it will continue to grow and a couple of my Democratic col- over your lifetime so that your benefits different areas. leagues and some of my Republican Two things, and then I will close and are assured. colleagues, including the gentlewoman Every single plan that is being dis- yield back. In my mind, personal sav- from Kentucky (Mrs. NORTHUP). We sat cussed does absolutely nothing, repeat ings accounts ought to be an integral in a room for about an hour and a half nothing, to affect those promised bene- part of whatever solutions we come up using inside voices, looking each other fits. So once you have assured the folks with. They are not a panacea. They do in the eye, trying to understand what that have retired and are near-term re- not in and of themselves fix this issue, tirees, those people who have the least the other person’s position was, trying but what they do address is a way to amount of time to react to whatever to understand how they see the prob- improve Social Security, to add an ele- changes are made, that they are not lem, how they see the solutions and at ment of ownership to Social Security going to be affected, then they should the same time trying to convey to our that we do not currently have. be on the side of those of us who want colleagues as well as to the leadership If I work 40 years and die, there is a to change it, who want to put security of AARP, our positions and why we little bit of survivor benefits that go to in the Social Security for our children think our solutions are the ones that my wife, but the bulk of what I have and grandchildren. ought to be a part of the ongoing situa- accumulated in terms of Social Secu- My colleague from Minnesota men- tion. rity benefits forfeits back into the sys- tioned his four grandchildren. You As I understand it, that may have tem. We can do a better system than know, the first liar never stands a been one of the first opportunities for that, and these personal savings ac- chance. I have six grandchildren that I Members of both sides of the aisle to counts will add ownership-like issues am very proud of. And I believe that sit and look at each other in a quiet to Social Security, which in my mind the lifetime benefit, the lifetime annu- environment and to talk. I think the is an improvement to the overall sys- ity that is Social Security, that this last 30 minutes of that meeting is prob- tem. country has put in place for 75 years, ably one of the most productive we So I think that is important. And I that has stood us in good stead for 75 have had anywhere, because everybody have lost my second thought, so with years, is important for my parents. It had kind of gone through the initial that, I will yield back to my dear is going to be important for me, but party-line rhetoric and got that out of friend from Kentucky. our system, and then we began to talk more important to me as a grand- b 1915 father, it ought to be in place for my seriously about how we see Social Se- grandchildren and my children. And we curity and this need for change. Mrs. NORTHUP. I am so impressed have the opportunity now to address Let me give one illustration. I men- that the gentleman from Texas would that and to put the security back in tioned I have six grandchildren. I can- tell us he has six grandchildren. My Social Security for our grandkids. not find one grandparent who would husband and I, after 36 years of mar- Another fact that is reasonably unde- gather their, my number is six, did I riage and six children, have one grand- niable is that, each year we delay in mention I have six, three boys and child. I hope that I will catch you whatever the fix is, whatever the com- three girls, gather their grandchildren someday. They are the most blessed promises we make, whatever the solu- up and take them down to their local part of our lives and it is one of the tions are, each year we delay that, we banker and say, Mr. Local Banker, I things that makes us think long term do a couple of things: One, we add $600 want to borrow a lot of money that I as we consider public policy, what billion to the unfunded liabilities that want to spend on myself, and I want about our children, what about our are accumulating on the balance sheet you to draw up the loan papers so that grandchildren and hoping that their of this country. The other thing that my six grandkids will pay that loan off. days are going to be as hopeful and we do is we begin to narrow the options I am talking the money, but they have filled with opportunity as our genera- that we have to fix Social Security. to pay it off. I do not find many grand- tions have been. Not only do we narrow those options, parents on an individual basis that The gentleman from Georgia (Mr. but we make whatever the fix is more would do that to their own grand- GINGREY) has joined us. Welcome. Tell extreme in those options that are children. But, somehow, we collec- us what you are hearing in Georgia available to us. tively, as a society, think that is okay, about Social Security.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9206 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Mr. GINGREY. I want to thank the prices. If we do that, then we will solve colleagues on both sides of the aisle gentlewoman from Kentucky (Mrs. the Social Security solvency problem. and make sure that they understand so NORTHUP) and, of course, the gen- But people who are not yet retired, they can go back into their districts tleman from Texas (Mr. CONAWAY) and who are approaching retirement, the and explain to their constituents, we the gentleman from Minnesota (Mr. younger workers, their initial check each represent 630,000-or-so great KLINE). The gentleman from North will be a benefit that is probably 30, 35 Americans, those people back home are Carolina (Mr. MCHENRY) is here, too. It percent less than our current bene- receiving a lot of misinformation. They is great to be here tonight to join with ficiaries are receiving. They would con- are getting these automated phone the team in talking about this. I did a tinue to get a cost-of-living adjust- calls, they are getting these direct quick count as we were talking about ment. That would fix the system. mail pieces paid for by 527s and the children and grandchildren. I think What the President has said and what unions and God knows who, and the among the three of us, we have 15 chil- this majority is saying is, we can com- well is being poisoned. These people dren and 11 grandchildren. So it was bine that with the option for our need to know. They need the facts. really good particularly to hear the younger workers to invest in an indi- They need some honesty. gentleman from Texas talking about vidual personal account with up to 4 I really appreciate the gentlewoman our obligation to our children and our percent of the 12.4 percent FICA tax. from Kentucky for giving us this op- grandchildren. That is something that That would be their money. It would be portunity to come together this is so important, and it is an extremely their account. They literally would evening and talk to our colleagues and important thing to mention tonight. have their name on it. It would enjoy make sure that they are listening and The problem that we have with So- the miracle of compound interest. And understand because we want what is cial Security, as has been pointed out for somebody 25 years old, you would fair and balanced; we want what is by my colleagues, is a demographic get 35 or 40 years’ worth of com- good for our parents and our grand- problem. And thank God we are living pounding. At the end of the day, that parents, but we certainly want the best longer today than folks did back in 1935 is, at the point of their retirement, possible for our children and grand- and 1936 when, as the gentlewoman whether they take the early retirement children. from Kentucky (Mrs. NORTHUP) pointed at 62 or at their age of full retirement, Mrs. NORTHUP. I want to thank the out, the life expectancy was 61, 62 years the benefit they would accrue, and it gentleman from Georgia for joining us. old. You could not even get early bene- could be as much as a total corpus of I know you have talked at great length fits at that point. You had to be 65. So $250,000 in that individual personal ac- about this. You have worked so hard on Social Security for the government count. That combined with their Social it and talked to so many of your con- was a pretty good deal. They were not Security benefit check would mitigate stituents, and you bring their wisdom really worried about the trust fund. a lot of that loss and they would get al- and insights to us today. It is impor- Unfortunately, Congresses over the most as much as the current retirees tant that we talk about it. It is a very last 70 years have spent the trust fund are receiving, or maybe even more de- complicated issue, talk about calcula- money. I will not say squandered it. pending on performance. tion of benefits; but it is very hopeful. Certainly they have not stolen it. They Basically, the President has said, Mr. It is hopeful that workers who are have spent the money on very worth- Speaker, very clearly that anybody 55 more likely going to depend on this while endeavors, whether it is K–12 years and older and current retirees even more, most of all because they are education, higher ed, Head Start, vet- would be completely held harmless maybe in the lower third of wages, that erans benefits, agriculture, you name from any loss in their benefit. They they are going to have nothing but bet- your favorite Federal program. But would continue to receive what they ter opportunities. They are going to now we are in a real bind and that are getting. There would be no get the full benefit of calculation and trust fund is not there and even if it changes. And now the President has ac- the possibility of a personalized ac- were, even if it were and we did noth- tually, Mr. Speaker, taken it a step count also. For those at the highest ing to change Social Security as we further. A week or so ago in a press end, they will have the calculation know it, we get to the year 2042 and if conference, President Bush for the first that starts maybe less, but they will we do nothing, and the other side of time introduced the idea of progressive have the personalized account that can the aisle basically so far is saying, hey, indexing and basically said this: those give them every bit of what they would it’s not a crisis, maybe it’s a nuisance workers, those younger workers who have gotten under the old system. and let’s try to ignore it and do noth- are at the lower level of income, their So lower-income workers would have ing. If you do that, across the board, initial check at retirement would con- nothing but a better opportunity. Social Security beneficiaries are going tinue to be based on average wages, so Higher-income workers would be able to receive 73 percent of that defined that they would absolutely not suffer to have about the same thing that they benefit plan, what we promised them; any loss in their benefit. Yet they have under the current system. Yet they would get 73 cents back on the would have that option, if they wanted there is a huge difference. The system dollar. That is just not acceptable. to, to take a small portion of their ac- would be sustainable and solvent for One way to fix the system, of course, count, up to 4 percent initially, and put our children and grandchildren. and we have talked about this, would it in an individual savings account. It There are people, as you know, that be to change the way you calculate would be guaranteed that they would keep talking about why we should not that first check. The way it has always not take any loss of benefit, but there change anything, but I think the point been done has been based on average would be the distinct possibility, if you tonight is the hope and opportunity wages, and that is what our current 45 think about and look at the stock mar- that exists in today’s proposals. million-or-so Social Security bene- ket over any 10-year period of time The gentleman from North Carolina ficiaries, their initial check is based on since its inception, that the return on (Mr. MCHENRY) has joined us. He is one average wages. Then, of course, there is that investment in that individual ac- of our youngest, but brightest, Mem- a COLA, cost-of-living adjustment, count would compound, would grow, bers. He is a leader on this issue. He every year. would enjoy the miracle of com- has spoken on it with such great wis- One of the ways to fix this problem, pounding and they would have a much dom. I thank him for joining us to- to make sure that people get, the sen- larger benefit at the end of the day night. iors who are continuing to receive than they would if they had not chosen Mr. MCHENRY. Mr. Speaker, I cer- their checks, would be to change the that option combined with Social Se- tainly appreciate the gentlewoman way we calculate the initial benefit for curity as we know it. from Kentucky hosting this hour. It is those who are not yet at retirement I think the opportunity for us to a wonderful opportunity for us to dis- age and to go from that first check come together in these late afternoon cuss the most important issue that this based on average wages to average and evening sessions and talk to our Congress is bringing forward. The most

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I yield to the gen- on this issue with gusto and also the ment going. tleman from North Carolina. gentleman from Texas (Mr. CONAWAY) Others have said, Well, let’s just cut Mr. MCHENRY. Mr. Speaker, this who is one of the first Members of Con- some benefits. Again, that may be an goes to the heart of the problem. As gress that actually said, let’s get all opportunity for some to consider. It is the gentleman from Georgia (Mr. KING- the people at the table, let’s get Demo- something I reject. I do not think we STON) and the gentlewoman from Ken- crats and Republicans and let’s sit need to cut benefits or raise taxes. I do tucky (Mrs. NORTHUP) have said, the down with the AARP and let’s try to not think they are the right way of heart of the problem is solvency. We discuss solutions for this challenge of achieving solvency. have a system that is going progres- Social Security. It was a wonderful Mr. KINGSTON. If the gentleman sively more insolvent each day. As the thing to try to get all these players at will yield, I think it is important to baby boomers begin to retire in 2008, a table together to talk about this think in terms of Social Security, 2009, we have a problem. We do. So the most important issue. there are two problems. One is of gentleman from Georgia (Mr. KING- Social Security is a program that is generational fairness, which we can STON) mentioned solvency. The way in in trouble. It is in trouble because of talk about a little bit later. The other the past that we have achieved sol- the changing demographics of our Na- one is solvency, which you have been vency was by raising taxes, cutting tion. It was built upon the idea that discussing. We have dealt with the sol- benefits. I prefer to say cutting taxes. workers working today would pay for vency issue by cutting benefits and That is just in my heart. But in terms retirees that are retired currently. It raising taxes many times over the of what we are trying to achieve, they was a system where workers would be years. In fact, since 1937 we have raised have said we can cut some benefits, we taxed to help pay the benefits of retir- the taxes on Social Security 20 dif- can raise some taxes, and we can ees. That works when you have a large ferent times. That is the amount of achieve solvency. The demographics of number of workers and a small number your money that is taken out of your our Nation have changed so much that of retirees, but the changing demo- paycheck by the Federal Government, we have to look for the third way in graphics of our Nation require us to act that FICA tax that all these 23-year- order to get a better return on our So- in order to sustain this program. olds getting out of college have their cial Security investment, and the only When Social Security was formed, first job and they discover somebody way we can do that, the only way we there were 41 or 42 workers per one re- named FICA is sharing in their efforts, can do that, is through personal retire- tiree. Today, there are only 3.3 workers their sweat equity. ment accounts. Much like 401(K) plans per one retiree. Therefore, that system or IRAs or even the Thrift Savings b 1930 of taxing current workers in order to Plan that current government employ- give a benefit to current retirees does But that started out, as the gen- ees, including us, have the benefit of. not work with those numbers. It is not tleman knows, 1 percent and 1 percent So it is wonderful, but that also goes to sustainable. What we need to look for in 1937; employer 1 percent, employee 1 the heart. The heart of this issue is is permanent solvency, lasting sol- percent. In 1960, it was 3 percent, 3 per- generational fairness, and I think that vency, for this program of Social Secu- cent. In 1978, 5 percent, 5 percent. is an interesting point. rity. Today, it is over 6 percent. We have Mr. KINGSTON. Mr. Speaker, will It has been a vital institution for our done that 20 different times. the gentlewoman yield? Nation over the last 70 years. It has We have also cut benefits. In 1983, we Mrs. NORTHUP. I yield to the gen- helped many seniors be lifted up out of actually raised the retirement age tleman from Georgia. poverty. It has given a strong benefit from 65 to 67. That is a benefit cut be- Mr. KINGSTON. Mr. Speaker, I just to those that maybe are not able to cause, over one’s lifetime in receiving wanted to say that the plans the gen- work anymore. And it is a commitment benefits, if they have to wait 2 more tleman from North Carolina is talking that we have made as a great Nation to years, that is a reduction of their ben- about are similar to mutual funds, those that have put in their fair share efit. which they, up here, are selling. But I into the system, those that have So we have done that traditional so- wanted to mention this generational worked their whole life, played fair, lution, short-term political fix, which fairness issue because I think that is paid into the system, and done what gets most politicians through their part of the kitchen table discussion, was right. We need to maintain that next term. And I am glad to hear the and I always say Social Security needs obligation that we have made, that gentleman say that we have got to a kitchen table solution because, if we previous generations in this country look for a different way to work on the are talking with other seniors, we are have made to seniors. This Republican solvency issue. not moving the ball down the road. If Congress, this Republican House, this Mrs. NORTHUP. Mr. Speaker, re- we are talking to college students, we Republican President, have taken this claiming my time, let me just point are not moving the ball down the road. issue on so that we can do good things out that as recently as 1993, many of We have got to have Mom and Dad, for our seniors. We do not want to our colleagues across the aisle partici- grandparents and grandchildren at the break Social Security. We want to pated in raising taxes on Social Secu- kitchen table and say, What is fair? make it stronger. The key way to rity benefits. So, previously, far more And this is why it is important: If one make it stronger, the key way to cre- of the Social Security benefits were retired in 1980, they got all their bene- ate permanent, lasting solvency is untaxed at any level. Today, far more fits back. Every nickel that they paid through personal retirement accounts. of them are taxed, and they are taxed into the system, they got it all back That is the vital component for any re- at a higher level because of the tax in- within 3 years. If one retired in 2003, it form. There are a couple of options crease in 1993. Now, the way I think will take them 17 years. that we can look at. about it is, if we start taxing Social Se- And if the gentleman does not mind First some say, well, let’s just raise curity and we tax it at a higher level, my getting personal, as I recall, his taxes, and we can keep those benefits that is a reduction in benefits. magic retirement age is 2041. going. Or let’s subject new income and So I am shocked to hear some of our Mr. MCHENRY. Absolutely. new forms of taxation on the American colleagues talk about criticizing any- Mr. KINGSTON. Mr. Speaker, that is people and small businesses, and we thing about benefits when, in fact, the year we cut benefits 27 percent un- can keep the income stream going. there was an enormous chunk of Social less we do something to protect and

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But I know it will take him gress and someone who is eligible to re- look at that, to understand what we about 20 to 25 years at minimum to get tire in 2041, that is the date that even are going for here by reforming this all of his investment into it, and that some of the left wing Senators on the vital system. means he can actually have a negative other side of the building here even And I certainly appreciate the gen- return; whereas there are a lot of peo- admit that, in 2041, the system goes in- tlewoman from Kentucky taking on ple who have gotten a decent return solvent. So I think it is important that this challenge and leading our public out of Social Security, 5, 10 percent. we discuss this issue of generational affairs team in the House on the Re- But today, it is a 1 percent return, get- fairness. publican side in such a good, strong di- ting worse, and that is why there is a I want to maintain the commitment rection by getting the message out on generational fairness. to my grandmother, but at the same the need for reform and the positive as- My experience has been, when we time, I want to make sure that my gen- pects of it as well. talk to seniors and seniors who might eration has the same benefit of a So with that, I thank the gentle- even say, let us just raise taxes like we strong, vibrant Social Security system, woman from Kentucky (Mrs. NORTHUP) have in the past, we say, yes, but that so that when I retire, it is there, and it for hosting this hour. does not solve the problem of the gen- is affordable and reasonable. Mrs. NORTHUP. Mr. Speaker, I share tleman from North Carolina’s (Mr. And with that, I certainly appreciate my colleagues’ concern about doing MCHENRY) friends. We are not worried the Secretary of our Republican Con- something now. The importance of it is about the gentleman from North Caro- ference allowing me to have this col- easier to do it now because we can lina, but we are going to worry about loquy here on the floor. phase things in. We have opportunity his friends. And the truth of the matter Mr. KINGSTON. Mr. Speaker, will and some time that we will not have if is when seniors say, Well, wait a sec- the gentlewoman yield? we wait until we are truly in a crisis. ond, you mean to tell me I have al- Mrs. NORTHUP. I yield to the gen- But the crisis is coming on us very ready gotten all my money back, but tleman from Georgia. soon. The fact is baby boomers are my kids will probably never get their Mr. KINGSTON. Mr. Speaker, I want- going to retire starting in 2008, and money back? We say yes. Then we get ed to mention, if I can, that we met then we will have a quick increase in into a real generational fairness. And with the AARP, American Association the number of benefits, more people re- that is why it is so important to have for Retired People, the largest retire- tiring and getting out of the workforce everybody at the kitchen table when ment group in America, and did it on a and basically fewer years in which to we work on it. bipartisan basis. And the gentleman make any transitions. Mr. MCHENRY. Mr. Speaker, if the mentioned that the gentleman from One of the things that people say all gentlewoman from Kentucky will con- Texas (Mr. CONAWAY) pulled that group the time that are on the ‘‘we do not tinue to yield, I spoke with a group of together. One of the things I was glad have to do anything now’’ side is that seniors in Hickory, North Carolina just to hear AARP say is, We admit there is they say we need to let the trust fund 2 weeks ago and discussed Social Secu- a problem; there is a problem with So- pay the benefits, all the money in the rity reform, and I said all the proposals cial Security. I can tell my colleagues, trust fund can pay the benefits up until that have been put forward in front of in Washington, that is a huge first step a certain number of years. And, of Congress, all the proposals, if we con- because, months ago, we were hearing, course, the gentleman from Georgia sider every one of them, no single pro- No, there is no problem, that the Presi- (Mr. KINGSTON) knows there are no dol- posal, none of them, will change their dent is exaggerating. So let us say we lars in the trust fund. In fact, the trust current benefits if they are 55 and have got a little bipartisan glimmer of fund never was meant to hold those older. So those that are retired today, hope here that there is a problem. dollars. They were meant to take in they should not allow AARP to lie to The next question might be then those dollars and lend them to the gov- them in order to say that their benefits should we address it now or wait and ernment. are going to be cut because no change punt for future Congresses and elec- Now, I suppose if we could bring back to this program will allow for benefit tions. AARP was a little more, Hey, it the Congress of 1945 and 1950 and 1955, cuts of current retirees. That is a is probably right to discuss it now and we could ask them what their plans pledge that we have all made in this try to get something done. The gen- were for the year 2005, 2018, 2042. I sus- Congress and our President has made tleman from Louisiana (Mr. MCCRERY) pect they would say that, as many as well. So I think we have to, first of of the Committee on Ways and Means times have happened, at that point, the all, be honest about it and tell our sen- is going to start having hearings on it. need seemed to be to provide those ad- iors today, this is not going to change In fact, I think he will this week, if I ditional revenues to the government. their check. Their check is going to be am not mistaken. Lots of hearings are Again in 1967, when Congress changed there. We have made that commitment good. Lots of thought, because, person- the benefit scheme, they added in- to them. They have played by the ally speaking, and I think I speak for creased taxes on an increased basis rules. They have paid into the system. my two colleagues, we do want Demo- that they paid into Social Security. They have played fair. So we are going crats at the table. We want this idea to They needed it to fund the war in Viet- to honor our commitment to them. say, Go into the meeting, but do not nam and to fund the Great Society. However, it is important for them, if say these are my lines in the sand. Let And I guess if we could bring back they are retired today, in order to us go into the meetings open minded. those Congresses we could say, What do make sure that their children and Mr. MCHENRY. Mr. Speaker, if the you mean by spending Social Security grandchildren have the same benefit gentlewoman will continue to yield, I taxes on the Great Society and the that they are currently receiving. They would like to add one further thing. I war? But that has passed. And the fact want to leave them in a better system. enjoyed the piece the gentleman put is that those dollars were spent. And I spoke to these retirees. I was together on Social Security reform and I will say, though, that any company at the seniors’ games, in fact, 300 mem- actually outlining what we in the con- that took money into some sort of bers of our seniors community, and I servative side of the House want to do trust fund where there were going to be discussed this. And they said, Wonder- in order to achieve lasting reform, to payouts expected would have had to ac- ful. They are actually happy that we have generational fairness, while at the crue the liabilities, and if those liabil- are trying to take on this challenge for same time maintaining our commit- ities had been accrued, along with the younger workers while at the same ment to have a strong, vibrant Social dollars in the trust fund, today, we

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I have had dire financial straits. here, not spent the trust fund, the li- some discussions about it, and it al- When you look at a country like abilities would swamp the dollars that ways boils down to, okay, you have a France that has maintained retirees’ are in the trust fund. lockbox. What do you do with the benefits, but at the same time has done So it is important to recognize that money? I am a believer that if you al- it purely by taxing more and more in generations before us benefitted from most did nothing with it, you would be more and more ways and at higher and the dollars that came into Social Secu- better off than what we are doing now. higher levels, basically what they have rity but then were paid out for other But I think that part of the Social done is create a society that is stale, government programs. They funded the Security solution is we should have a that is not growing and is not able to Great Society. They funded education real discussion on what do you do with provide the revenues they hoped the benefits. They funded defense. Things the temporary surplus. I say ‘‘tem- tax increases would bring. that those generations believed were porary surplus,’’ because it will start Mr. KINGSTON. Mr. Speaker, if the important. Our current seniors. And to be gone in the year 2018, rapidly di- gentlewoman would yield, I am glad now the responsibility for our children, minishing going to 2041. the gentlewoman brought that up, be- of course, is to continue to fund invest- But I think all these things, if we can cause one of the things that is inter- ments in education, Pell grants, med- get some bipartisan discussions going, esting, and I have traveled in some of ical research, our defense programs I believe we will find some things we the Eastern Bloc countries, and one and, at the same time, assume the re- agree with the other party about. thing that really amazes me when you sponsibility for Social Security. The gentlewoman from Kentucky talk to countries like Bulgaria or Lith- The exciting thing is, when we put knows that when we sat down with the uania, Latvia, Estonia, the Czech Re- our heads together, we can figure this AARP and they showed us their set of public, these countries that only 10 to 15 years ago were freed from Soviet op- out. The sooner we do it, the less dif- core principles and we showed them pression and they are now out experi- ficult it will be so that benefits stay our core principles, there was a lot of menting with democracy and the rule strong and are available to our seniors overlap. It was not perfect, ,but there of law, one of the things they realize is in succeeding generations, so that our was plenty to stay in the room and if you have absolute security for every- children and grandchildren, as they keep talking about. body in terms of government-sustained meet the responsibility of retirees that Mrs. NORTHUP. Mr. Speaker, re- programs, then you do not have any go before them, can also grow within claiming my time, I agree that it was work base and your economy does not Social Security a solvent and sustain- a very interesting discussion. I will move forward. You have done a lot of able system that will support their say, and I know that our younger gen- eration would appreciate this, that in things at the cost of opportunity. generation and the workers that are I think France is a miserable country the course of conversations, there was behind them in the system. in terms of an economic role model. I one person that said, Let me just ask So I know that the gentleman from see a lot of these other countries that you this for curiosity’s sake: If we had Georgia (Mr. KINGSTON) shares my be- are really growing and making some to say to our children and grand- lief that this is a time of hope and op- huge changes and taking some bold children that because of confluence of portunity. We need to seize the mo- steps. ment and to really get the best ideas things, the economy, America’s leader- I think one of the things we have to together to tackle the problem and set ship in the world, whatever, that we do is realize that decisions of 1937, do this program on a long-term course of were able to pay better benefits to cur- you want to still be driving a car and sustainability. rent retirees and those about to retire, relying on communications or medical Mr. Speaker, I yield to the gentleman but you are just unlucky and you are systems from 1937? Yet when it comes from Georgia (Mr. KINGSTON). not going to have the same benefits to social programs, we think a 1937 so- and that is just going to be where you b 1945 cial model is the best thing in the fall in history, would that be accept- world, the best we can do. Mr. KINGSTON. Mr. Speaker, I able? That is what bothers me. Because we thank the gentlewoman for yielding. I think pretty much everybody in the are Americans. We should not fear. We I wanted to say I think there are room said that would not be accept- should be able to be world leaders and some real opportunities here to address able, that that would not be something not have to point to other countries a number of the issues. The gentle- that any of us feel we could say to our and say, well, you know, look, this is woman has mentioned the diversion of children and grandchildren. what we want to do. We need to be some of the Social Security surplus Now, the opportunity is that we do braver and stronger and not become a fund. Our Democrat colleague, the gen- not have to; that at the same time we nanny state. tleman from Mississippi (Mr. TAYLOR), shoulder the responsibilities of those Mrs. NORTHUP. Mr. Speaker, re- has a bill I am interested in, and that that have retired and those about to claiming my time, if today Social Se- bill has to do with a constitutional retire, and at the same time we meet curity was just being designed, if we amendment that says any proceeds in our responsibilities to domestic pro- knew that people who get to be 65 are the Social Security trust fund have to grams, that by investing in Social Se- probably going to live 17 more years, if actually be taken completely off budg- curity, and, yes, taking it off budget so we knew that you were going to work et. we do not spend the surplus, yes, allow- a certain number of years and then you It does not really say where it could ing personalized accounts, yes, guaran- were going to be able to have a life ex- be held, because the problem is if the teeing those in the lower one-third of pectancy that would go on for a num- Federal Government has all that sur- income full calculations, like they ber of years, you might have dreams of plus, where do they put it? Do they in- have always had, and for those in high- traveling, of going to visit your grand- vest it, do they buy gold with it, do er levels, maybe they would have a children, of staying in your home and they bury it in the ground, do they put combination of personalized accounts being able to maintain it, all of those it in a vault somewhere? You hate to and a different calculation, that all of dreams would depend on an entirely think of billions and billions of dollars that can make the system solvent, sus- different savings and retirement sys- not earning interest. But I think the tainable, and also maintain benefits. tem than the system that was designed gentleman from Mississippi (Mr. TAY- For those who think raising taxes is in 1945. You certainly would not design LOR) has an interesting bill. I am look- the answer, I think it is important to Social Security today like they de- ing at it. recognize that everything in this coun- signed it back in 1945.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9210 CONGRESSIONAL RECORD—HOUSE May 11, 2005 So to just steadfastly refuse to con- Mrs. NORTHUP. Mr. Speaker, re- without a vote. Why? Because Demo- cede that opportunities are better for claiming my time, I thank the gen- crats and Republicans alike, people on Americans, there is a new paradigm in tleman for joining me tonight. The this side of the aisle, people on that retirement that exists, there are new gentleman from Georgia (Mr. KING- side of the aisle, understand that the opportunities, and there is a new way STON) is a leader in our conference and Central American Free Trade Agree- of deriving benefits that grow the econ- a leader on Social Security, and, of ment is dead on arrival in the House of omy, that do not overencumber the course, has long been appreciated for Representatives. workers that are still in the workforce, the ability to take very complicated Last month, two dozen Democrats we would do that in a minute. issues and talk about them in ways and Republicans in Congress joined It is disappointing that we have not that we all understand, and we can more than 150 business groups and been able to move further in this dis- share and benefit from his insights. labor organizations echoing a united cussion than we have. But as we all I want to end tonight by saying that message: vote ‘‘no’’ on the Central know, it takes a lot of discussion. we are all more concerned about the American Free Trade Agreement. Yes- I am eager to hear from my seniors. next generation than the next election, terday, just outside this building I know the gentleman is. Even though and how much we appreciate our Presi- across the street, more than 400 union things will not change for them, I dent, who from the day the last elec- workers and Members of Congress think it is important that we continue tion was over did not forget that again gathered in front of the U.S. Cap- to invite our seniors to the table be- through that campaign he talked about itol to deliver a united message; vote cause seniors have always not only pro- the importance of taking on this tough ‘‘no’’ on the Central American Free tected Social Security for their current issue, and did it so well and has been Trade Agreement. benefits, but been very eager to make out talking to the American people. It So Republican leaders in this House sure that it was going to be there for is very refreshing to see somebody take and the Bush administration under- their children and grandchildren. on such a tough challenge and talk to stood they had a problem. On this day I thank them for their continued in- the American people about it. it will be 12 months, 1 year, since the President sent CAFTA to Congress. vestment in time and interest for that. f Mr. KINGSTON. If the gentlewoman There is not the support in this coun- will yield, I again want to say that we VOTE ‘‘NO’’ ON THE CENTRAL try or this Congress for this trade often get bogged down in the politics of AMERICAN FREE TRADE AGREE- agreement because people understand the moment, the politics of the next MENT what it does to our Nation, what it election, the politics of the current 5 The SPEAKER pro tempore (Mr. CON- does to our workers, what it does to years or whatever; and we should be AWAY). Under the Speaker’s announced our food safety, what it does to the en- thinking in terms of the next genera- policy of January 4, 2005, the gen- vironment. So what did the Republican leaders tion rather than the next election. tleman from Ohio (Mr. BROWN) is rec- But the other thing that I keep com- ognized for 60 minutes as the designee and President Bush do? They brought ing back to is because there are two of the minority leader. the six presidents of these five Central issues, a solvency issue and a Mr. BROWN of Ohio. Mr. Speaker, American countries and the Dominican generational fairness issue, what my this evening I am joined by fellow Republic, they brought these six presi- dents to the United States. In fact, the job assignment, my homework assign- House Members, the gentleman from six presidents are touring our Nation ment is, when I have a town meeting I Ohio (Mr. KUCINICH), the gentleman on a United States Chamber of Com- say to everybody, what I really want to from Missouri (Mr. CARNAHAN), a fresh- merce junket going around the country ask you, sit down at the kitchen table man, and other House Members who trying to convince the American peo- with the parents, with the grandkids will join us shortly as we talk a little ple, the press, and the American Con- and the grandparents, and figure it out. bit about the Central American Free gress to vote for the Central American Just see if you can find that balance. Trade Agreement. Some call it the Free Trade Agreement. I had one guy in a town meeting say, Central American Free Labor Agree- They traveled to Miami. They went This is all about greed. All you have to ment, as we will soon see. to Los Angeles, they went to Albu- do is increase the taxes 1 percent. He As you can see by this calendar, we querque, they came to my State of was 70 years old. He would not be pay- are barely 2 weeks away from the dead- Ohio attempting to convince Ameri- ing taxes. The guy behind him was 30 line set by the House majority leader, cans this is a good idea. years old and said, Sir, respectfully, I the gentleman from Texas (Mr. The Bush administration has not have to tell you that is not acceptable DELAY), the most powerful Republican been able to sell it. Business in this for me, because I am going to be the in the House of Representatives, for a country has not been able to sell it. one paying. vote. They plan a vote in this Chamber The free trade ideologues in this Con- Similarly, a lot of people think the on the Central American Free Trade gress who need your vote for every golden arrow here is taking the cap off Agreement. This deadline coincides trade agreement, they have not been it. But if you take the cap off it, people with the 1-year anniversary of when able to sell it. get more benefits. President Bush signed the agreement. So what is next? They bring the six One thing to keep in mind, anytime That does not seem like news, except presidents from Central America to you make it more expensive to hire an for this: every trade agreement signed come in. Unfortunately, these presi- 1 employee, then our folks are going to by the Bush administration in his 4 ⁄2 dents are not telling the whole story. be going offshore with the jobs. We are years in office, every single trade Like our own President, they tried to already losing too many jobs offshore. agreement signed by the Bush adminis- convince us that CAFTA will lift up Furthermore, there will be a lot of ille- tration has been voted on within 60 low-income workers and that CAFTA gal aliens in America not paying into days of its signing. The President signs will create jobs here at home. the system. I think part of Social Secu- the agreement with Australia, with rity should be tied into illegal immi- Singapore, with Chile, with Morocco; b 2000 gration. It is actually not immigration and this Congress votes on it right First of all, there is no truth to that. if it is illegal; you are here as an illegal away, in large part because there is not We have heard that on every trade alien. huge opposition to the trade agree- agreement. But what they do not say All of this stuff, we should get the ments. about CAFTA, what they have not said best ideas of the Democrats and Repub- This time, we are now at 347 days is that the combined purchasing power licans, throw them on the table, get since Congress, since the President of the CAFTA nations, the combined the folks back home to say this is the signed the Central American Free purchasing power is equal to that of direction we want, and that is what we Trade Agreement. That is how long Columbus, Ohio, or equal to that of Or- are trying to accomplish here. CAFTA has languished in Congress lando, Florida, or equal to that of

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9211 Memphis, Tennessee. They do not dis- fall. Hundreds of thousands of workers is the impact on the availability of ge- cuss the fact that people in Central in these six countries have protested in neric drugs, something that is another America, the Central American Free 50 demonstrations in the last 3 years issue that the gentleman has worked Trade Agreement, these six countries, saying that CAFTA is not good for on. they do not discuss the fact that they those countries. While the Bush administration says are not making enough money to buy Before yielding to the gentleman that they understand the need for cars made in Ohio; they are not mak- from Ohio (Mr. KUCINICH), I want to lower-cost medicines in developing ing enough money to buy software sort of finish this story of the six presi- countries, their actions demonstrate made in Washington State or steel dents. The six presidents last night as- greater concern for protecting the ex- made in Pennsylvania, or textiles or sembled in Washington in the midst of tremely high profitability of leading apparel made in North Carolina or their travels around the United States pharmaceutical companies. In the South Carolina or Georgia, or planes to sell the American people on a bad trade talks that resulted in the Central made in Washington State. Why? Be- trade agreement between us and them. American Free Trade Agreement, cause look at the average wage in these The U.S. Chamber of Commerce hosted CAFTA, our government pressed for countries. a reception for these visiting dig- tighter restrictions on generic drugs in The average wage in the United nitaries rewarding them for their lob- the Central American countries. The States is $38,000. People who are mak- bying efforts. You can walk around the result will be higher prices for medi- ing $38,000, the average wage, can usu- Capitol today and the last couple of cines and higher profits for the phar- ally own a car, oftentimes own a small days and you would see these presi- maceutical industry paid for by some home, at least rent an apartment, dents going from office to office to of- of the poorest people on earth. sometimes own a home. People making fice trying to convince American Mem- bers of Congress that they should pass CAFTA has been one of the Bush ad- $38,000 a year are buying shoes. They ministration’s highest priorities in are paying into Medicare. They are this trade agreement. But they were rewarded for their efforts at a very lav- international trade. As we know, it ex- buying clothes. They are consumers. tends the NAFTA agreement to all of They are buying products. But look at ish reception at the U.S. Chamber of Commerce last night. the Central American countries that the rest of the countries in the Central happen to be small and poor. The American Free Trade Agreement: You can see these presidents raise their glasses, toasting these U.S., these CAFTA countries include Guatemala, Costa Rica, $9,000; Dominican Republic, Nicaragua, El Salvador, Costa Rica, average salary $6,000 a year; El Sal- large corporations in the country, thanking them for this tour; you can Honduras, and the Dominican Repub- vador, $4,800; Guatemala, $4,100; Hon- lic. It was formally signed by the ad- duras, $2,600; Nicaragua $2,300. They are see these corporate CEOs raising their glasses, toasting these presidents of ministration, and it awaits congres- not going to buy cars made in Ohio. sional votes, which is why we are here They are not going to buy steel made the six countries, thanking them for fighting for this trade agreement which to appeal to the Members of Congress in West Virginia. They are not going to to think long and hard before they buy software from Seattle. They are will, more than anything, help these large businesses. I wondered if these would even consider supporting not going to buy textiles from North CAFTA. Carolina. What is this all about? CEOs and I wondered if these six presi- What this is about is for U.S. compa- dents reflected on what happens to The Central American countries that nies to offsource, outsource offshore, small businesses in Ohio and Michigan, would be affected by CAFTA have sig- send offshore jobs to these low-income those that do not want another failed nificant health problems. AIDS, for in- countries. They will set up factories in trade agreement. I wondered if they stance, is more prevalent in the Nicaragua, so they will pay Nicaraguan thought about the family farms in CAFTA countries taken as a whole pennies on the dollar to manufacture North Carolina and Louisiana holding than in the United States. According products to sell back into the United on for dear life. I wondered if they to Dr. Manuel Munoz, the director of States. It will not raise their standard thought about those workers in Nica- Medecins Sans Frontiere’s AIDS treat- ragua and Costa Rica and Guatemala of living in Nicaragua; it will certainly ment program in Honduras, ‘‘HIV/AIDS and El Salvador and Honduras and the hurt our standard of living in this kills one person in Honduras every 2 Dominican Republic. I wondered if they country. hours, because the vast majority of But let me for a moment share again, thought about that when they were people with HIV/AIDS cannot afford when these six presidents toured the toasting, the CEOs were toasting the lifesaving AIDS medicines.’’ Malaria United States, what they said and what six presidents and the six presidents and tuberculosis are also prevalent. As they did not say. What they did not were toasting the CEOs. My guess is a result, the people of these countries say, with all due respect to these Cen- they did not. need greater access to essential medi- Tonight, we are here in this Special tral American leaders, they did not tell cines. Yet, CAFTA will make access Order to talk about CAFTA facts and us that NAFTA–CAFTA does nothing more difficult for most residents and the fact that CAFTA is dead on arrival to ensure enforcement of labor provi- impossible for too many of them. and the fact, as I mentioned earlier, CAFTA accomplishes this by impos- sions in their own country. They have that we are now down to 16 days. It will not told reporters or the Congress or ing new restrictions on the use of phar- be 1 year, and this deadline is ap- maceutical regulatory data that will the public that more than 8,000 Guate- proaching, 16 days until CAFTA is ab- malan workers protested against have the effect of limiting the avail- solutely buried. ability of generic drugs. CAFTA last month; two of them were I yield to my friend from my neigh- Pharmaceutical regulatory data is killed by the police in Guatemala. boring district in Ohio (Mr. KUCINICH). They did not mention that tens of Mr. KUCINICH. Mr. Speaker, I thank the result of studies of patent medi- thousands of El Salvadorans who pro- the gentleman. I want to say that the cine’s efficacy and safety. These stud- tested the Central American Free people of Ohio are proud of the gen- ies are performed by the companies Trade Agreement a year-and-a-half tleman and the work that he has done seeking approval and are often expen- ago. They do not mention the 18,000 in challenging these unfair trade agree- sive to undertake. The data are sub- letters sent last year by Honduran ments. For me to have a chance to join mitted to the drug regulatory agency workers to the Honduran Congress pro- the gentleman in this important chal- in the company’s application for ap- testing, decrying this dysfunctional lenge to CAFTA is a privilege, and I proval. cousin of NAFTA. They did not tell us again want to commend the gentleman When a company seeks to manufac- about the 10,000 people who protested for the service that he has given to the ture a generic version of a patent medi- CAFTA in Nicaragua in 2003. They did people. cine, it must typically show that its not tell us about the 30,000 CAFTA I want to focus for a moment on one product is the chemical equivalent of protestors in Costa Rica just this past particular impact of CAFTA, and that the patent medicine and that it works

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9212 CONGRESSIONAL RECORD—HOUSE May 11, 2005 in the body in the same way. The ge- because, in fact, the United States employing American workers to send neric producer relies upon the drug reg- Trade Representative said to the gov- multiple aspects of their business over- ulatory agency’s prior approval of the ernment of one country, If you do not seas. This in turn allows these compa- patent medicine to make its case of ap- change your laws, the gentleman from nies to exploit cheap labor in devel- proval of the generic version. Ohio (Mr. KUCINICH) talked about this oping countries and import their prod- What CAFTA does is it gives extra and has talked about it before, if you ucts back into the United States. The patent protections to the drug regu- do not change your laws, we are not resulting problem is really twofold. latory data, thereby excluding any going to allow you into the Central First, there are no real protections other user from relying upon them. In America Free Trade Agreement. for the workers in the Central Amer- other words, not only might a par- It is not like the drug industry does ican countries, and second, it is yet an- ticular medicine be protected by a pat- not have way too much power with the other means to put American workers ent, but, additionally, the drug regu- gentleman from Texas (Mr. DELAY) and out of work. CAFTA’s answer to pro- latory data for that medicine is pro- with Republican leadership and in the tecting low-wage workers in Central tected by a patent. Even if the medi- White House here in this country, America is a self-enforcement provi- cine’s patent expires, generic manufac- where people are paying two and three sion. ture could be restricted due to the ad- and four times what they ought to be b 2015 ditional patent on the use of regu- paying for prescription drugs; now we This really is translated into a non- latory data. According to Robert are seeing that drug industry exert its enforcement provision because it will Weissman, an attorney specializing in power, helped by the U.S. Government, not help these workers in any way. The international trade and pharma- in the poorest countries in the Western countries involved in this agreement ceuticals, ‘‘if the generics cannot rely Hemisphere. do not have the necessary legal frame- on approvals granted based on the Mr. KUCINICH. Mr. Speaker, when work in place to protect the basic and brand-name data, in most cases, they you carry this along to its conclusion, fundamental rights of working people. simply will not enter the market. This what we have is a condition where the If we are going to enter into trade is especially true in small size mar- people in the poorest countries cannot agreements with other countries, it is kets, as in Central America, where pro- protect their health. So we are looking our responsibility to ensure we protect spective revenues are limited.’’ at their life expectancy beginning to the basic rights of working people in Now, CAFTA was formally signed on decline, and one of the reasons is be- those countries and here at home. May 28, 2004. It will only become law if cause they cannot afford the cost of Mr. Speaker, the other glaring defi- Congress passes it. In 2002, the pharma- the prescription drugs. And just as peo- ciency with CAFTA is it will essen- ceutical industry gave over $29 million ple here are held hostage by the phar- tially fire American workers. Approv- in political contributions; three-quar- maceutical companies with the high ing this agreement will be a guarantee ters of that was donated to the Repub- cost of prescription drugs, imagine that more jobs will leave our country licans. what it is like for these poor people in at the expense of our U.S. workforce. Recently, I am sure the gentleman is Central America, who are making a Because there are no labor protections aware, the pharmaceutical companies tenth, if that, of what we make in this in place in the Central American coun- have been expatriating their profits to country, and they are paying a high tries to ensure adequate wages, domes- avoid paying income taxes here in the cost for prescription drugs because the tic companies can simply outsource United States. They really do not want pharmaceutical companies want these their work to these countries at a low to pay income taxes there, but they trade agreements which protect their rate and leave our workers out. want to control the political process patents and will not permit generics to I will not support any agreement here and, by reference, in Central get the help to people that need it the that displaces American workers and America with the help of these trade most. does not support basic human rights. I agreements. I am glad to join the gen- Mr. BROWN of Ohio. Exactly right. I want to urge my colleagues to oppose tleman from Ohio (Mr. BROWN) in urg- thank the gentleman. CAFTA in its current form. ing the Members of Congress to oppose As I said, Mr. Speaker, the gen- I want to also mention the dif- CAFTA. Not only is it bad for workers, tleman from Missouri (Mr. CARNAHAN) ferences between these two markets, not only is it bad for human rights, not has joined us. We are also joined by the the U.S. market and the Central Amer- only is it bad for the environment, but gentlewoman from Illinois (Ms. SCHA- ican market. The U.S. economy had a it is bad for people’s health. KOWSKY), who has worked on trade $10.5 trillion GDP in 2002. It is about Mr. BROWN of Ohio. Mr. Speaker, I agreements for years; and the gentle- 170 times the size of the economies in thank the gentleman from Ohio. Think woman from Ohio (Ms. KAPTUR), my the Central American nations. It does about what he just said. This agree- colleague on the other side of the State not take a trade expert to see the eco- ment has made it even harder for the bordering my district to the west, who nomic mismatch between the U.S. and poorest people in this hemisphere; has been involved in trade agreements CAFTA nations. again, look at the income here. The probably longer and more aggressively The viability of Central American United States average income, $38,000. and more assertively than I think any nations as trading partners is an im- The gentleman from Ohio (Mr. KUCI- Member of this body; the gentleman portant part of the administration’s NICH) mentioned Nicaragua, Guate- from Missouri (Mr. CARNAHAN), a fresh- CAFTA sales pitch. That is why U.S. mala, Honduras especially; their in- man who has taken this issue and run trade representatives said Central come is less than 10 percent of ours, lit- with it. I yield to the gentleman. America offers ‘‘expanded markets for erally, and they are forcing, because Mr. CARNAHAN. Mr. Speaker, it is American producers and new opportu- U.S. drug companies have convinced great to be with the gentleman from nities for U.S. workers and manufac- the United States Trade Representa- Ohio on behalf of the great people of turers.’’ tive’s Office, appointed by the Bush ad- the State of Missouri that I am fortu- But take a look at the U.S. Con- ministration, convinced them to nate to represent. I want to rise to- ference of Mayors Metro Economies re- squeeze the poorest people in the world night to add my voice in opposition to port released in 2003. It confirms the even harder on paying for prescription the Central American Free Trade administration’s CAFTA numbers do drugs. I mean, it is just, when we talk Agreement. not add up. The combined economic about values, when we talk about mo- I have several concerns with the output of CAFTA signatories, Costa rality, to do that to the poorest of the agreement in its current form, not the Rica, Honduras, El Salvador, Nica- poor that need HIV drugs, that need least of which are the effects it will ragua, Guatemala is about equal to malaria drugs, that need tuberculosis have on American workers and the that of Orlando, Florida, as the gen- drugs, that need antibiotics, and they middle class. Trade agreements like tleman from Ohio (Mr. BROWN) men- are going to end up paying more money CAFTA enable American companies tioned earlier. This falls far short of

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9213 what the projections are by the Bush they have got a name that rhymes with normal trade relations, if you can call administration. NAFTA. I just, I cannot believe it. I an abnormal trade deficit normal, I These raw numbers are bad enough. cannot believe they are over there. have never understood the words they Consider the fact that a typical Central They have got a cookie-cutter system, use. We are just hemorrhaging with American consumer earns only a small and they are not paying attention to China. And just one company alone, fraction of a typical American worker’s results. Wal-Mart, takes 10 percent of the ex- wage, about $191 a month. It is clear If we look at the recent history of ports that China sends around the that CAFTA’s true objective is not to our country, going back to the mid- world. increase U.S. exports. Central Amer- 1970s, when the first so-called free So my basic point here this evening ican consumers cannot afford to buy trade agreement was signed, every sin- is, why should we have more of the American-made goods today. And gle year the United States has begun to same? Why should we believe them CAFTA’s inadequate labor provisions develop trade deficits. That means we when they say it is going to be all ensure they will be unable to afford ship out more jobs abroad than we cre- right? American-made goods tomorrow. This ate jobs here at home. And we end up And, indeed, I would like to place in agreement offers little or no economic taking our income and paying some- the RECORD an article that was in the opportunity for American workers and body else to do the work that we used New York Times this week where the President of Costa Rica actually said producers. The CAFTA model is really to do, and we accumulate these grow- he wants to postpone legislative review a recipe for disaster. Congress must de- ing trade deficits. And they get worse on this so-called CAFTA, which is an vise a trade agreement to promote with every decade. expansion of NAFTA, until an inde- business development and jobs in the When NAFTA passed in the early pendent committee finds that it will 1990s, we actually had a trade surplus U.S. not harm the poor. Well, it surely will CAFTA should help Central Amer- with Mexico, which immediately harm the poor. And that is why, in na- turned into a trade deficit; and with ican workers earn enough to buy Amer- tions like Mexico, we have historic ican-made products. It is time to Canada we have doubled the deficit demonstrations in Mexico City for ex- rethink U.S. trade policy, to do what is that we already had. When we signed ample, of farmers, of peasants, of peo- right, not just for the big corporations, the agreement with China, which those ple just demonstrating and saying we but what is right for workers, small of us who were here voted against, we cannot take it anymore; particularly business, communities, and the envi- did not get any more jobs. We did not in the countryside, the people are say- ronment. get any more income. All we got was ing we cannot take it anymore. The President is on the wrong track. more trade deficit. It is so deep Amer- So I want to thank my colleague for Congress must demand a smarter trade ica has never been in this kind of deep bringing this issue to light. I think we deal than the current CAFTA negotia- water before. In fact, this year the have to be careful of the administra- tion. trade deficit will accumulate at over tion and their efforts to try to come in I thank the gentleman for leading half a trillion dollars. America has here and try to buy votes and say, what this tonight, and it is good to be here never faced this kind of loss. So it is kinds of transportation project do you with you and the other Members to amazing to me that they name an like? Oh, how much do you want? Do speak out on this. agreement to rhyme with one of the you need a bridge? Which way do you Mr. BROWN of Ohio. Mr. Speaker, I biggest failures. want it to go, east west, up, down, you thank my friend, the gentleman from And here are some charts, I think, know, below the ocean floor? I mean, Missouri (Mr. CARNAHAN), for his good that tell a fuller story about what has we will do it for you. What else do you work and his interest, both in pro- happened with the NAFTA agreement. need? Do you need a base? We are mov- tecting American jobs and his interest When NAFTA was signed in 1994, we ing a few bases around. That is what in fair play in Central America so had accumulated trade deficits with happened during NAFTA at the very workers there have their living stand- Canada; but then every succeeding end. The American people would have ards raised rather than continue to year, they got deeper and deeper and won that debate, but it was bought. It stagnate, which is what these trade deeper. So, with Canada, we have not was bought and sold. And now look at agreements have done. really benefited. the negative yield that it has produced We are also joined by the gentleman And with Mexico, the surplus we had for the American people. from Ohio (Mr. STRICKLAND). turned into a gigantic and growing def- So I thank the gentleman from Ohio I yield next to the gentlewoman from icit. And now what is happening with (Mr. BROWN) for highlighting this this Ohio (Ms. KAPTUR) who, as I said, has Mexico, of course, some of those jobs evening. And it has been a pleasure to been working on trade issues for her are being shifted to Latin America and join my colleagues tonight. entire 23 years in this Congress. to China. So NAFTA has been a nega- [From the New York Times, May 10, 2005] Ms. KAPTUR. Mr. Speaker, that is tive. FREE TRADE PACT FACES TROUBLE IN the way it has turned out to be, and I And what has been going on in terms CONGRESS want to thank the gentleman from of the United States, just take the auto (By Elizabeth Becker) Ohio (Mr. BROWN) for his great leader- industry which is the primary category WASHINGTON.—Social Security is not the ship and vision and taking this CAFTA of deficit with Mexico. We were already administration’s only economic initiative that is in trouble in Congress. fight to the American people. It is a getting imports from Mexico prior to The current centerpiece of President great privilege also to join with the NAFTA’s signing. Now it is just an av- Bush’s trade agenda, the Central American gentleman from Ohio (Mr. STRICK- alanche coming the other way. And Free Trade Agreement, is facing unusually LAND), our esteemed colleague from what we predicted has come true. Mex- united Democratic opposition as well as seri- south and southeastern Ohio, who I ico has turned into an export platform ous problems in overcoming well-entrenched know will be adding remarks and great to the United States. And what we are special interest groups like sugar producers and much of the textile industry. insight as the evening proceeds; the doing is actually creating a world sys- With record trade deficits, concerns about gentlewoman from Illinois (Ms. SCHA- tem where people work for poverty lost jobs and an overarching fear that the KOWSKY); the gentleman from Missouri wages or starvation wages. We have United States is losing out in the accelerated (Mr. CARNAHAN); and we had the gen- high-productivity poverty rather than pace of global changes, the sentiment in Con- tleman from Ohio (Mr. KUCINICH) from high-productivity prosperity. gress is shifting away from approving new the Cleveland area here a little bit ear- And, finally, if one looks at the free trade agreements. lier. China agreement which has a relation- ‘‘I don’t like Cafta; I am not going to vote for it; and I will do whatever I can to kill It is really amazing to me when you ship here because this is the same it,’’ said Senator HARRY REID of Nevada, the have a trade agreement like NAFTA, cookie-cutter approach that they are minority leader. ‘‘We are approaching a tril- that is so absolutely a failure, that giving us with China, the deficits were lion-dollar trade deficit. We can’t survive as now there is a new trade scheme, and growing, but then when permanent a viable, strong country doing that.’’

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9214 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Even more troubling to the administra- committee on Trade of the House Ways and States, more jobs, more manufac- tion, which says free trade agreements are Means Committee, said in an interview that turing, more exports to the United critical components of any effort to enhance Cafta was too small a treaty to warrant such States if you pass this trade agree- American global competitiveness, is the attention. ment. Every time Congress passes one, stance of Republicans like Senator SAXBY ‘‘Cafta will have a minor impact on our CHAMBLISS of Georgia, who wants to hold off economy; we should be spending time on the it gets worse. The trade deficit keeps on new bilateral trade agreements. big issues like China, agricultural sub- growing. The job loss keeps increasing. In a speech on the Senate floor and in a sidies,’’ Mr. Cardin said. ‘‘If I were the ad- The definition of insanity is when later opinion-page article in the newspaper ministration, I would not like my trade you do the same thing over and over The Hill, Senator CHAMBLISS said that even agenda to be judged on Cafta.’’ and over again and you expect a dif- though his state is home to global companies Despite its small weight, many interest ferent outcome. They are asking us to like Coca-Cola, United Parcel Service and groups are deeply divided over Cafta. The do the same thing. So we can see these Georgia Pacific, he could no longer support Latino groups and politicians who oppose same numbers come with Central bilateral trade agreements without being as- Cafta say that Nafta, the decade-old agree- sured that ‘‘American industries and work- ment with Mexico and Canada, failed to ful- America by increasing, increasing, in- ers are truly benefiting from these agree- fill its promise. creasing, increasing deficits every ments.’’ Representative Hilda Solis, Democrat of year. The trade deal, which was signed one year California, who describes herself as the only I would yield to my friend, the gen- ago, involves a handful of tiny countries: member of Congress of Central American de- tlewoman from Illinois (Ms. SCHA- Costa Rica, El Salvador, Guatemala, Hon- scent, said she opposed Cafta because of KOWSKY). I thank the gentlewoman for duras and Nicaragua. But its prospects for Nafta’s record, which she said included her leadership, especially on trade moving forward have been soured by larger 750,000 jobs lost in the United States and lit- issues and jobs issues and health tle progress in improving workers’ rights in questions about China’s enormous economic issues. power and whether it is playing by the rules Mexico. of trade in protecting intellectual property By contrast, Mr. Gutierrez, the commerce Ms. SCHAKOWSKY. I thank the gen- rights, valuing its currency and calibrating secretary, said Nafta was a strong selling tleman from Ohio (Mr. BROWN), one of the tide of its textile exports. Also playing point for Cafta. our best experts on trade. And in fact, into the situation are unmet expectations ‘‘I’ve been associated with Mexico for al- the gentleman actually wrote the from the North American Free Trade Agree- most four decades and Mexico is better than book, or at least a book on trade called ment. it has ever been,’’ said Mr. Gutierrez, who ‘‘Myths of Free Trade,’’ a book I am The administration accuses the Democrats started his career in that country after flee- happy to have and learn a lot from. ing Cuba as a child. ‘‘It now has its lowest and other opponents of putting too much on And I am pleased to join all my col- the back of this trade deal, which would re- inflation rate, and its growth last year was duce tariffs for many American goods and, 4.5 percent.’’ leagues. It is interesting that, so far the White House says, improve the chances But questions about labor rights and lost anyway, those of us who are here to- for democracy and free market economics in jobs are staying at the forefront of the trade night are from the Midwest where we Latin America. debate, not retreating. American labor have seen so many of our manufac- ‘‘Cafta can’t be held captive to China or unions say the accord demands better en- turing jobs lost since the passage of any other trade problem,’’ said Commerce forcement of existing labor laws in Central NAFTA over 10 years ago. Secretary Carlos M. Gutierrez, who has been America without imposing real sanctions. But, you know, I think as a people, as crisscrossing the country trying to sell the The administration defends the labor provi- sions as groundbreaking. a Congress, certainly, we have to say agreement since he took office in January. why do we want free trade agreements? The administration admits that even in Even the countries within Cafta have some this off-election year, when trade deals have noticeable divisions. The ambassadors to the What is the purpose of trade agree- the best chance of passage, it does not have United States from Cafta countries are trav- ments? the votes to pass this one. eling around the nation to try to persuade I think all of us here think that we With little sign of progress, both sides members of Congress to vote for the accord. know that there now is a global mar- notched up the battle last week. President But Beatrice de Carrillo, El Salvador’s ketplace, that the goal of economic in- Bush announced that he would play host this human rights ombudswoman, said in an tegration, when done in the right way, week at a high-profile White House meeting. interview here that she opposed Cafta be- cause it was not strong enough to stop the is not only inevitable but can actually Since his first term, the Bush administration be desirable. The question is who bene- has promoted free trade agreements with destruction of unions. And Costa Rica’s Central America and throughout the West- president, Abel Pacheco, has said he wants fits from it? What are, who are the win- ern Hemisphere as important components of to postpone legislative review until an inde- ners and who are the losers? And what its foreign policy. pendent committee finds that it will not is CAFTA for? ‘‘For too many decades,’’ Secretary of harm the poor. And, unfortunately, what we find is State Condoleezza Rice said in a speech be- Mr. BROWN of Ohio. I thank my that the ordinary people of this coun- fore the Council of the Americas, ‘‘U.S. pol- friend from Toledo, the gentlewoman try, and the ordinary people of the Cen- icy toward Central America and the Domini- from Ohio (Ms. KAPTUR). And the gen- tral American countries now, the Do- can Republic has oscillated from engagement tlewoman is exactly right. I have a minican Republic and the Central to disregard. With Cafta, with the permanent engagement that free trade brings, we can chart just with the Mexico trade def- American countries that are supposed break this trend once and for all and we can icit. The gentlewoman talked about to be part of CAFTA, it is the ordinary demonstrate that the United States is com- Canada, the U.S., all of this. And you people, the everyday citizens, the hard- mitted to the success of all Latin American can see, we went from a trade surplus working people that are the losers, and countries that embrace the challenge of de- when NAFTA was signed to this, over the only ones who are the winners are mocracy.’’ $40 billion. corporations that really have no par- On the other side, centrist Democrats who And I look at the year that the gen- ticular loyalty. They can pick up their normally vote for every new trade deal said tleman from Ohio (Mr. STRICKLAND) capital, they can move their plants, as they opposed Cafta. They said the adminis- and I were elected to Congress in 1992. tration had yet to outline a clear policy they did from Illinois. We lost about aimed at narrowing the $617 billion trade def- The United States, and I do not want 100,000 jobs because of NAFTA. We saw icit. And they challenged the White House to to bore people with numbers, but in a plant, a profitable plant, a Maytag write trade deals that reflected what they 1992, the year we first ran, the United plant, a nice manufacturing plant in saw as the pressing challenges of States had a $38 billion trade deficit Galesburg, Illinois, pick up and take globalization in the 21st century. with the world. That meant we bought with it over a thousand jobs. This was The administration characterizes most of $38 billion more than we exported. Last a plant that was actually making these complaints as protectionism and hopes year we had a trade deficit of $620 bil- money. Why did it move? Because it that Rob Portman, the new United States lion. trade representative and a popular former could actually make more money by member of Congress, will be able to smooth Every trade agreement, as the gen- exploiting workers when they moved to the debate and win votes to its side. tlewoman from Ohio (Ms. KAPTUR) Mexico. But Representative Benjamin L. Cardin of says, they promise the same thing. In a trip that was in part organized Maryland, the ranking Democrat on the Sub- They say more growth in the United by my colleague, the gentlewoman

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from Ohio (Ms. KAPTUR), I had the is $2,300 a year, $191 a month. Are they those workers. It resonates throughout privilege of going to Ciudad Juarez last going to buy that car that is made in the community in a very negative way, year, a town that is really in the met- Ohio or in Michigan? and it is really hard to recover from ropolitan area of El Paso, Texas, sepa- Ms. KAPTUR. Mr. Speaker, very that. rated by the Rio Grande River. And on briefly, we had visitors from two na- I want to say, just bringing a Wal- one side of the river you have got tions, El Salvador and Honduras in our Mart to a community like that so you workers who are looking for good jobs community. Some of our church groups can buy really cheap products, is that to support their families; and on the brought them in. These were young our future in this country? That we other side of the river, we see people women workers in some of those tex- will be able to buy imported goods? who are working in the plants for tile plants down there. They held up t- Flags made in China? T-shirts that are American companies. And what we saw shirts that they made for which they made for 12 cents? And that is not our were workers who were actually, some received 12 cents, and then we took future if we are going to continue to be of them, actually living in the packing them to stores in our community. They a great country. So it hurt Galesburg. crates of the products that they were found the very same t-shirts on the It is hurting communities all over our manufacturing for the companies, the rack, and they were priced at $20. And country. American companies that took those I remember the expressions on their Mr. BROWN of Ohio. Mr. Speaker, I good-paying jobs and went to Mexico. faces. They could not believe it. And thank the gentlewoman from Illinois yet those that are brokering in their (Ms. SCHAKOWSKY) and the gentle- b 2030 poverty wages and exacting high prices woman from Ohio (Ms. KAPTUR). As we Mr. STRICKLAND. Mr. Speaker, I here, $20 for a t-shirt, are making enor- continue this conversation, when I lis- had the privilege of being there with mous amounts of money off of this ten to the gentlewomen talk about the gentlewoman, and I think we both kind of bonded labor and control of our this, we all talked about the trade def- really felt deeply in our hearts the pain marketplace without proper govern- icit, that it went from $38 billion to as we talked with workers. ment intervention. $620 billion, the trade deficit with Mex- I remember one woman that we So I also remember the gentlewoman ico going from a trade surplus to a talked with who had children, and she from Chicago, Illinois (Ms. SCHA- trade deficit. Those are just numbers, told us she worked 9.5 hours a day, 5 KOWSKY) when we were down in Ciudad and they make sense but they are just days a week. She had 30 minutes during Juarez, I can remember the tear com- numbers. the day as a break, and her total take- ing down her cheek when she saw that When you hear the gentlewoman home pay was $38 a week. And I just family living in those packing crates. I from Ohio (Ms. KAPTUR) ask about will never forget that woman and the can remember that. When it pierces those families in Galesburg, these are fact that we have a government that your heart, you never forget it. not numbers. These are families that has participated in that kind of what I Ms. SCHAKOWSKY. Mr. Speaker, I lose their job in Lorraine, Ohio, or in would consider immoral situation do not want to monopolize this con- Portsmouth, Ohio, or in Chicago or To- where a working mother would work versation. I do feel so strongly that, as ledo. They lose their jobs. What it does that hard and be compensated at that the greatest country on the face of the to their families, often they lose their level. It is just pathetic. Earth, the wealthiest country, the pensions with some of these companies. Ms. SCHAKOWSKY. As the gen- country that has the capacity to create The schools have significantly fewer tleman remembers, that woman had jobs, to help people, to lift our own dollars to run. The police and fire de- children who she could not afford to people and people around the world, to partments are understaffed. All the send to school. It costs money to send help lift them out of poverty, to set a kinds of things that are more likely, them to school, a modest amount of standard that would at least work to- alcoholism, all that happens with the money by our standards but out of wards that goal. What a shame that we families in our country. reach for her because she does not have before us a trade agreement that, Then you talk about those families make the kind of income that even as the gentlewoman said, my sister, in, I have seen them in Mexico; I have would allow her children to go to the gentlewoman from Ohio (Ms. KAP- seen them in Nicaragua; I have seen school or have adequate health care. TUR), just a repeat of NAFTA, and we them several other places; these fami- Is that the point of a free trade know the devastating results both here lies that are working, often 8 to 10 agreement? in the United States and in Mexico and hours a day, often 6 days a week mak- The United States should and could in Canada, that it did not do anything ing clothes for us. lead the world by example through a for us. I was with a family in Nicaragua. trade policy that improves the lives of So I just am encouraged actually They get paid 23 cents for every pair of individuals and not just adds to the that we are seeing growing bipartisan jeans they sew. The mother gets paid 23 profits of the major corporations. We opposition to this. Let us go back to cents for every jeans she sews that end could and should benefit workers here the drawing board and come up with a up at Wal-Mart getting sold for be- in the United States and create and real trade agreement that is going to tween $25 and $30. I was at her home in sustain jobs that help small- and mid- achieve the goals that we want, that is Tipitapa, a little sprawling bedroom dle-sized and family-owned businesses going to be helpful to us and to our community as you would say in this grow. And D.R. CAFTA, Dominican Re- neighbors around the globe and cer- country, but it is a series of shacks public CAFTA, is not going to accom- tainly our closest neighbors here in made out of packing materials form plish those goals for us here, for our Central America in the Dominican Re- the plants they work for. small companies, for our workers and public. She was standing in this community is simply going to increase this race to Ms. KAPTUR. Mr. Speaker, if I could home one day. I was talking to her, and the bottom so that, how cheap can we interject here, the company that the she was holding her 3-year-old daugh- get labor? gentlewoman mentioned from Illinois, ter who had hair down to about her I wanted to make a point about, are Galesburg, Maytag. I actually own shoulders, jet black hair, except that we really looking for markets in these Maytags. What happened to the work- the bottom inch or two of her hair was Central American countries? Do we ers from the Galesburg plant? Were sort of discolored. I asked somebody really believe that we are going to find they transferred? Did they get other what that was about, and they said, people who are going to be buying our jobs? Were they just without work? probably this girl does not get enough products? The combined purchasing Ms. SCHAKOWSKY. Mr. Speaker, protein because the parents cannot af- power of the Central American nations you can imagine a fairly mid-sized, ford milk. The parents do not buy meat in CAFTA is the same as Columbus, kind of small-town community, when a except for very special occasions be- Ohio, or New Haven, Connecticut. The major employer like that leaves town, cause she is getting paid 23 cents for average salary of a Nicaraguan worker it does not just impact that business or every pair of jeans.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9216 CONGRESSIONAL RECORD—HOUSE May 11, 2005 So this trading system that these results in the exploitation of poor agreements, that ought to be called trade agreements bring us bring hor- Mexicans or poor people from Costa into question and their motives ought rific poverty to the developing world Rica or elsewhere. I think it is im- to be questioned. where these people are working harder moral for a working mother to be paid And there is, I think, one word that than maybe any of us, working 60 hours 12 cents for a garment that is ulti- pretty much summarizes what is the a week, not to mention how hard they mately sold for $20 or $25. And I ask driving force behind NAFTA, behind have to work at home to do everything, myself, who is benefiting from such a the WTO, behind permanent trade rela- getting to and from work on a bus that policy? There is money involved. tions with China and now this so-called takes an hour and a half each way, and Someone is getting very rich. And yet CAFTA agreement. And it is greed. It all the other things that happen to it is a form of human exploitation. is greed. them. So I wish our President and I wish b 2045 Then you think of the pain it inflicts leaders in this House would understand on our communities, our schools, our that there is a moral dimension to How are we going to increase our own health care system, our police, our fire United States trade policies. wealth or the wealth of our investors? departments, the safety in our commu- Ms. SCHAKOWSKY. Mr. Speaker, I If that is going to result in poor Mexi- nities, on our families, on our self-re- just want to tell the gentleman that I cans or poor Americans being ex- spect. All of that. was visited by a group of religious lead- ploited, then I think our government We can talk numbers, and we can ers from CAFTA countries who said ex- has an obligation to stand up and prove our case with these numbers, but actly what the gentleman said. They speak out, change course. We are on all you have to do is look at people at said, we know that in many cases our the wrong course. I would say if I could both ends of the trade agreement and governments are supporting this pol- talk with him, Mr. President, we are on where they sit and how their lives go icy, but we represent the interests of the wrong course. We are on the wrong and what we are doing to them. And the people in our countries, our parish- track. We need to reverse. We need to that is the story in so many ways. ioners, the people who come to us go back. We need to reevaluate the re- Mr. STRICKLAND. Mr. Speaker, I every Sunday and during the week. sults of NAFTA. want to thank the gentleman for yield- And we know they are really suffering, As the gentlewoman from Ohio (Ms. ing to me. It is terrific to have the gen- and we know that this trade agreement KAPTUR) had said earlier, why in the tlewoman from Illinois (Ms. SCHA- is just going to be license to further ex- world, given the results of NAFTA, KOWSKY) and my good friend and men- ploit those people and their poverty, would we pursue CAFTA? It is almost tor, the gentlewoman from Ohio (Ms. not lift them out of the poverty. irrational. KAPTUR) here. And they were asking Members of Mr. BROWN of Ohio. Mr. Speaker, as I am glad this conversation is headed Congress like myself to consider the I hear you talk and I think about what in the direction here this evening in people; and that is, the gentleman is has happened with workers around the which I think it is heading because we right, we have to think about the faces. world, one of the great things about are moving away from the numbers. We We have to think about the mothers our economy, one of the great things are moving away from the charts, and and the fathers and the little children about our country is if you work some- we are starting to talk about the peo- where, if you work for General Motors ple. The people whose lives are affected that suffer because of that and in our country, too, when those jobs are lost or if you work for the local hardware by the decisions that are made by this store, if you are a teacher or if you are administration and by those of us who in our community. Mr. STRICKLAND. Mr. Speaker, a nurse, you create value. You create serve in this body. And we hear a lot of well, I represent a part of the Appella- either a profit for your company, talk today, and I am glad we do, about wealth for your company. You create the need for morality in our govern- tions region of Ohio. Every time I go value if you are not working for a for- ment. home and I think my colleagues here profit company. I think it is immoral for our govern- have similar experiences. I talk to peo- ment to support policies which benefit ple who have lost their jobs. They have Under our system, in part because of the richest people on the face of this in many cases lost their health insur- labor unions, in part because we have a Earth, many of them Americans, many ance. They have families. They may be democratic system, and in part because of them from other countries that own 55, 57, 59 years of age. They have chron- of our history and our traditions, you or operate, manage those large multi- ic health conditions. share in the wealth you create. national companies. I think there is a What is happening to us as a country The lesson of these trade agreements moral dimension here. that we would be willing to just tol- you can go anywhere that we have The gentlewoman from Ohio (Ms. erate such conditions? It troubles me. these trade agreements. You can go to KAPTUR) mentioned some church peo- It really troubles me. And I do believe, Mexico, Nicaragua and China, and you ple who were engaged and involved in as I said to a reporter yesterday, he will notice that workers do not share this. I think the churches in the United said, Congressman, tell me what is in the wealth they create. States of America should be concerned wrong with these trade agreements I heard the gentlewoman from Ohio about CAFTA. I think they should be that you seem to be so against? And I (Ms. KAPTUR) talk about this years concerned about NAFTA. They should said, They leave out the human dimen- ago. The best example was you go to a be concerned about human exploi- sion. They leave out concern for peo- General Motors plant in Mexico, and it tation. ple. looks just like a General Motors plant Now, many of us in this Chamber be- Now, quite frankly, I do not believe in Ohio except it is often newer. The long to different faiths. I happen to be Americans are willing to give up our technology is up to date. It is modern. a part of the Christian faith. And Jesus middle class, to lose our standard of The floors are clean. The workers are Christ said, As oft as ye have done it living, to participate in the exploi- working hard. The difference between a unto the least of these, you have done tation of poor people around this world Mexican auto plant and the American it unto me. simply to get a pair of blue jeans at auto plant, the Mexican auto plant I think we have an obligation, those Wal-Mart for a couple of dollars cheap- does not have a parking lot because the of us who do embrace faith, to let that er than they may be able to get them workers cannot afford to buy the cars faith express itself in the policies that than if they were made right here in they make. we endorse as individual Members of the good old U.S. of A. You can go halfway around the world Congress and also have that impact, I believe the American people have to Malaysia and go to a Motorola the policies that are pursued by this different values than that. I think it is plant, and the workers cannot afford to country. our leaders who need to question their buy the cell phones that they make. I think it is immoral, quite frankly, values. I think it is the people who are You can go back to this hemisphere, to for us to enter into an agreement that benefiting, richly benefiting from these Costa Rica, and go to a Disney plant.

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They are trying to ford to buy the shoes that they make. domestic labor laws is subject to rem- reach out to people, just like you said, That is what these trade agreements edies weaker than those available for and whether it is fair trade coffee or have failed to do. So when a Nike commercial dispute. whether it is quilts or whatever they worker in Oregon loses her job and a So every time we put the rights of are buying, they are trying to bring it Nike job in China is created, that capital, the rights of intellectual prop- in and pay people a decent price for means that Nike worker in Oregon is erty, the rights of the corporations up whatever that product is and to cut out no longer paying into Medicare, no here and the rights of workers even to these middle extortionists, I call them, longer paying into Social Security, no stand up for themselves to try and col- people in the middle that are trading longer able to buy Nike, no longer able lectively bargain for better conditions on that squalor and that exploitation. to buy a car, no longer able to do what- or wages, and it is often at peril of Also to say that one of the greatest ever. So the world has one fewer con- their lives that they do that, not just religious leaders I ever met said ulti- sumer. The world really is poorer. Nike job loss, but we find in many of those mately God’s judgment would demand is a little bit richer, but the world countries that it is very dangerous to not just individual morality for us as overall is poorer. be a labor organizer. You can find persons, but in a rich and powerful Na- In China there is no real wealth cre- those people dead. tion like America, justice of us as a ated because they are not able to buy The other thing is we spend a lot of Nation. So we are judged not just as anything other than subsistence living time around here talking about illegal persons within our own family, but the and the community in Oregon, in Med- immigration; and, again, if you think kind of society and country we create. ford or whatever town, has less wealth. about it in human terms, people do not We will be judged on many levels; and My definition of successful trade is generally want to leave their home- I think these trade agreements are, as when the world’s poorest workers can land. They would prefer to stay there, you said, immoral because those who buy American products rather than the place where they are born, where are the least among us are hurt the just make products for Americans. their families live, where their ances- most. Then we will know that our trade poli- tors are, where they have roots. Why I think of Norma McFadden from cies finally are working. do they leave those countries to come Dixon Ticonderoga in Sandusky, Ohio, Once this deadline has expired, the to the United States, to risk crossing who worked there her whole life and President normally takes 2 months to that river, risk crossing that border? It was about my age and then was told pass a trade agreement. This one has is because they cannot make a living. you get a pink slip, even though the taken 11.5 months. Republican leader- They cannot provide any kind of a de- company was profitable, and moved to ship, the gentleman from Texas (Mr. cent life for their family, and they are Mexico. What happened to Norma? DELAY), the most powerful Republican willing to do anything to do that and What happened to Norma was she could in the House, has said that we will vote so they come here. not afford health benefits because on it by May 27. That will be roughly 1 If we want to be able to protect our under the Federal program, COBRA, it year. borders and to have good trade policies, costs about $800 a month. Well, she lost We need to go back, as the gentle- then we have to look at things that her job. She could not afford the $800 woman from Illinois (Ms. SCHAKOWSKY) will help to lift those workers in other for COBRA. So at 55, 58 years of age, said, and start again. I want a great countries so that they can prosper in she went back to school to become a trade agreement with Central America their homelands. phlebotomist to learn how to take because I think we can write one that Ms. KAPTUR. Mr. Speaker, if the blood, and she had to drive to work in will lift their workers up so they will gentleman would yield, I want to fol- her old ramshackle car to try to go to want to buy our products as we buy low on that point because if one looks school and ultimately tried to get a job their products. We can do that. We just at NAFTA and Mexico, and the in- at a hospital as a receptionist and just need to start again. ability when we were debating that to trying to tread water there in the So once the CAFTA countdown, we include provisions for those that were years when really she should have are at 16 days, something like that going to be displaced from their farms some peace of mind because she has now, once that is past the end of this in Mexico, what is propelling U.S. im- been a working woman her whole life, month, let us just go back to the draw- migration is NAFTA because every she has raised her family. ing board and write a CAFTA that, year now we have over 450,000 individ- So, to me, these trade agreements number one, we can be proud of; num- uals from Mexico coming over our bor- are some of the most anti-life measures ber two, that will lift up workers in der, the vast majority illegal. that I have ever seen. They hurt people those countries and will help invig- You say, well, why would they do all over our world, surely those in our orate the middle class in this country. that? Because they are in desperate country who just do not have another It is very possible to do that. It is just circumstances. Desperation propels leg to stand on; and I think God will we do not have the will to do it. them, just as the gentlewoman from Il- judge America very harshly for what Ms. SCHAKOWSKY. Mr. Speaker, if I linois (Ms. SCHAKOWSKY) says. Imagine we have done because we are in the could, it is bad enough I suppose that being willing to die going across the power position in negotiating these usually these workers are paid such desert in Arizona to get here, a place agreements. low wages, but should those workers you do not even know, and what is at Mr. BROWN of Ohio. Mr. Speaker, I try to organize themselves into a union the root of it? thank the gentlewoman from Ohio (Ms. to try and stand up for better working The root of it is that their land is no KAPTUR), the gentleman from Ohio (Mr. conditions and better wages, we know longer productive. The big corporate STRICKLAND), the gentlewoman from Il- that in those countries that human interests down there buy imported linois (Ms. SCHAKOWSKY), the gen- rights violations for people who want corn, and these people were given no tleman from Missouri (Mr. CARNAHAN), to form a union are rampant; and the way of transitioning. They had a heart- and the gentleman from Ohio (Mr. problem with CAFTA is that it really less government, and I think because KUCINICH) earlier. I appreciate that does virtually nothing to protect those they did, we might see the first mas- human spiritual component. workers who want to organize. sive historic change in Mexico’s elec- I would close in an optimistic tone. We hear in CAFTA, ostensibly it re- tions next year. I hope so, and I want The gentlewoman from Illinois (Ms. quires enforcement of the local labor to say to the gentleman from SCHAKOWSKY) talked about what hap- laws, both that may exist in the coun- Portsmith, Ohio (Mr. STRICKLAND), pens with labor unions and human

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9218 CONGRESSIONAL RECORD—HOUSE May 11, 2005 rights in Central America and in South we can enlighten our colleagues and that gets radiated out into space, and America and in Mexico. Just hold up others who are interested in the topic. it is gone for us forever. for a model what happened in Central Let me begin by an introductory way So these two important features de- and Eastern Europe in the last 20 just talking about energy and the na- fine a great deal about energy and how years. The thrust of their equal rights ture of energy. we should treat it and how we should movement came out of the labor move- I happen to be a scientist, a physicist handle it. Finally, because of this, the ment, and flowing out of that labor to be more precise; and I have been in- price of energy affects our economy movement came a much better way of volved in energy studies for some 30 more than the price of almost any life, came freedom, better economic se- years, but also because of my back- other resource, simply because when curity, more wealth for workers, all ground in physics, I have learned a lot the price of energy goes up, that price that we should be striving for. That is about energy, and I would like to tap gets added on to every step of the man- why labor standards for these workers some of that knowledge to talk about ufacturing process which I mentioned. in these trade agreements is so impor- some of the issues and point out some Let me mention some other charac- tant. of the characteristics of energy. teristics of energy. Energy is intan- As the CAFTA countdown comes, we First of all, energy is unique. Unique gible to most people. To me, as a sci- are down to the last 16 days, it is pret- means there is nothing else like it. It is entist, it is very tangible. I have ty clear NAFTA will be dead on ar- unique in several ways. Energy is our worked with energy so long I can al- rival. It is time at the end of May when most basic natural resource. most touch it, feel it, taste it, et cetera. But to the average person, you we come back in June to start with a b 2100 new trade agreement that will lift cannot touch it. You cannot see it, un- workers up and make us both spir- For one simple reason: Without it, we less it is light energy. You cannot feel itually and intellectually and in every cannot use our other natural resources. it, unless it is heat energy. You cannot other way proud of what we do. Now, let me give an example of that smell it, and you cannot taste it. So and to prove my point that energy is f energy is intangible. To most people, our most basic natural resource. If you the only tangible aspect of energy is ENERGY would like to build something out of the price at the gas pump or the utility The SPEAKER pro tempore (Mr. iron, suppose it is a car or a can or bill at the end of the month. JINDAL). Under the Speaker’s an- whatever, the first thing you have to Because energy is intangible, people nounced policy of January 4, 2005, the do is dig the iron ore out of the ground. tend not to understand it. They do not gentleman from Michigan (Mr. EHLERS) That takes energy. Then you have to know how to use it properly. I have a is recognized for 60 minutes. transport the ore to the smelting plant saying I often use, and I even have a tie Mr. EHLERS. Mr. Speaker, I am and recover the iron out of the ore. to match the color I am talking about, pleased to rise tonight with several of Transportation takes energy. Smelting I wish energy were purple. Because if my colleagues to discuss an issue of it takes energy. When you are finished energy were purple and people could great importance to our Nation, and I with that, you transport it the rolling see it, their behavior would change. know that everyone that gets up here mill. That takes energy. And you roll When they drive home from the store starts the same way, but this is a par- it out into sheet steel so it is easier to or from the church and drive up to ticularly important issue, one that the work with. That takes energy. Then their house in the middle of winter and three of us wish to discuss as sci- you transport it to the factory. That see a purple haze oozing through the entists, or those who have a great in- takes energy. Finally, you fabricate a walls because of poor insulation, or terest in science. car or something else out of it, and purple rivulets around the windows or Tonight’s topic is going to be energy. that takes a lot of energy. Finally, you doors because they are leaking heat, You have heard a lot about energy re- transport the finished product to the they would say, Man, that is terrible; I cently, worried about the gas prices, consumer, which once again takes en- have to insulate this house better. I worried about the energy policy bill ergy. have to seal up the windows and doors that we have worked on in the House Notice that every step of the way you more. Because they do not see it, it is and the Senate is now studying. En- were using energy in order to use other not purple so they cannot see it, they ergy is extremely important, but what natural resources. I could have picked are not aware of this. is most important to me when we are any other natural resource, and the If you were driving down the highway talking about energy or any other same thing would be true. So energy is and a little Toyota Prius or some other issue is to talk about the long-term ef- our most basic natural resource. You hybrid car goes by, something like the fects because that is what the people must always remember that. But sec- gentleman from Maryland (Mr. BART- hire us for. They elect us to come here ondly, and perhaps even more impor- LETT) drives, and he may discuss that a and discuss and debate the future of tant, energy is a non-recyclable re- little later this evening, and this little this Nation, and it is very easy to for- source. Once you use it, it is gone. Prius goes by, and there is just a little get that because we are always caught Now, if we use up our iron, we could go purple around it, because it does not up in the instantaneous things we do, mine our landfills. We can recover use much energy; but then a Hummer the stuff we have to get done today; scrap iron, as we do already to a great or a large SUV goes by, and there is a but the people of this land, struggling extent, and we can recycle it over and purple cloud around it, if people could every day to make a living, keep ends over and over. There is only so much see it they would say, Hey, I am going together, do not have the time to do iron on this planet, but we can keep to get a Prius or some other hybrid car the long-range thinking. using it over and over and over, and we and use less energy. So I wish energy Corporate leaders are bound by their are not likely to run out. Its cost may was purple so it would be tangible to requirement to produce profits every go up, but it is still there. everyone. I think behaviors would quarter, to get the stock price up. It is But when you use energy, it is gone. change very quickly. up to us to really think about where When you fill your tank with gasoline To show the importance of energy, I this Nation is going and what is really and you drive it for a week and the would like to point out that energy af- important and what is likely to happen tank is empty, the energy is all gone. fects civilization in a very direct way to it. It is used up. Where does it go? We because energy represents the ability So I wish to approach this topic this know energy is conserved, but it can to do work. That, in fact, is the defini- evening to talk about our energy fu- change form. All the energy from the tion of work in physics. Energy rep- ture, where are we now, what is energy petroleum you put in your car, from resents the ability to do work. like, what is going to happen in the fu- the gasoline you use, gets consumed With the first use of nonhuman en- ture; and between the three of us dis- and turned into heat energy, largely ergy, in other words using animals to cussing this this evening, I hope that unusable heat energy. And eventually, plow the fields and so forth, we had the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9219 agricultural revolution beginning. We and natural gas. Those are stored solar ple think about that or think about talk about these big revolutions in the energy. That comes from plants which where energy comes from. It comes human history, and the agricultural grew many, many, many, many years from that fuel tank that you lift to fill revolution is a large one. There is no ago. Those plants eventually got cov- your car. It comes from someone deliv- contention about that. But the agri- ered up and over the years decayed and ering it to your house. But I would sus- culture revolution occurred only after turned into coal, petroleum, natural pect that many Americans and many of we started using nonhuman energy, be- gas. our colleagues here in the house feel cause people were not strong enough to Then there is wood, which is also a that energy is a resource that will last really do a good job of pulling plows. short-term savings account. Again, it forever. Before they had plows that they could is plant. It really could go up in bio- I would like to pose a question to- pull, people tried agriculture, and it mass here, but trees live a long time, night to follow on with what my col- never really succeeded until they dis- so I put it down here in our savings ac- league from Michigan was saying, and covered they could domesticate oxen or count because, normally, we do not use that is: Is energy infinite? Is energy a other animals and have them do their all that energy in our lifetime. bottomless well? And if we look at the work, and then the agriculture revolu- Finally, our inheritance, that is en- bottom of the bottomless well, what do tion succeeded. ergy we inherited with this planet. Our we see? The next big step was again related universe and our planet were so beau- If we are to have a cohesive energy to energy. You have heard of the indus- tifully created, and there are energy policy in this country and in this trial revolution, where we began using sources within the planet. There may world, in fact, we need to know what industry to manufacture things and to be more than I have listed, but cer- that is at the bottomless well, because replace human labor. What did we use? tainly geothermal energy. Heat energy I happen to think there is no bottom to Fossil fuels. Coal first and then oil and within the earth can be used to drive the resource of energy. But we have to eventually natural gas. So the first use power plants and already is in certain know what that is. What is that re- of nonanimal energy led to the indus- parts of California and other parts of source? What energy source can we trial revolution. Once again, this indi- the world. And nuclear energy. Nuclear rely upon for the unforeseeable future, cates how important energy is to life energy is so long term, and it is basi- for generations to come? on this planet and to civilization and cally there from the creation of the The modern world right now is de- pendent, the industrialized world and to our economy. earth, so nuclear energy I would also I have drawn here on this chart a the new industrializing world are enor- classify as an inheritance. model for responsible energy use, try- Now, I would propose that when we mously dependent on an energy source ing to relate it to something that ev- are using energy, we should treat it the known as fossil fuel. That is coal, nat- eryone understands. When you talk ural gas and oil. We also know that the same way we do our money; try to live about your money, you go out and get demand is increasing as the supply is within our income. In other words, try a job because you need to eat, and you diminishing, dramatically. The U.S. oil to use as much as we can of the solar would like to have a house and a car. reserves peaked in 1970. energy, lunar energy and so forth. Rec- So you get a job, and you earn money. What is at the bottom of the bottom- ognize we have to dip into our savings That is income. And most people in less well? I think it is initiative. It is account, and so we can use the fossil this country have to live within their ingenuity. It is intellect, and it is income. That is what everyone aspires fuels and wood for that, but not to the logic. Oil, or natural gas, is not at the to. Sometimes, there are special needs, extent we are using it now so that we bottomless well. Oil or natural gas or and you dip into your savings. And use it all up, unless we use that to de- fossil fuel are finite, and they will not some are fortunate enough to inherit velop new energy resources for our last forever. So we are in a transition some money. So that is the model of children and grandchildren. period, because the demand is increas- individual use of money. And, finally, the inheritance. That is ing dramatically, and the supply con- Now, you can look at energy the a long-term thing, but we do not want tinues to decrease. to depend totally on it. But certainly, same way. If you look at the income of b 2115 energy on our planet, most of it comes that is there and that is a very prom- from solar energy. We talk a lot about ising thing to pursue. The gentleman from Michigan gave using biomass. That is energy from the Finally, I hope as a result of the dis- us a history lesson about transitions sun captured by plants, and we can try cussion we have tonight that all of us from one energy source to another over to retrieve the solar energy from that. in this Congress and all the people of a long period of time and showed how Wind energy. Lots of efforts to build this country will come to appreciate our cultures, our industry, our econ- windmills and use wind energy. Once energy. It is my hope that a better un- omy, and our cultures have changed. again, that energy comes from the sun derstanding of energy will lead to a We know that coal in this country because the sun differentially heats the wiser use of it by our citizens. And so some time ago replaced wood and actu- atmosphere and that causes the wind that is the theme of this hour’s discus- ally saved the forests. Coal was actu- to blow. How about hydropower? Huge sion we are going to have tonight. ally more efficient and better for burn- dams generating lots of electricity for Mr. Speaker, I have been joined by ing or for heating in those earlier years us. Once again, that is solar energy, be- several colleagues, and next I would because we stopped burning our forests. cause the sun evaporates the water off like to yield to my colleague, the gen- Our forests create habitat for wildlife; the oceans and the lakes, gets into the tleman from Maryland (Mr. it is an environmental issue. So coal clouds and comes down as rain, collects GILCHREST). replaced wood. Oil supplemented coal behind the dams, and we use that en- Mr. GILCHREST. I thank the gen- and oil is more efficient than coal and ergy. Waves are also related to solar tleman from Michigan for yielding to it is actually cleaner burning. Natural energy, because that powers the wind, me, Mr. Speaker, and I want to thank gas supplemented oil. Natural gas is which generates the waves, and people the gentleman from Michigan for the cleaner than oil. have tried to extract that energy. fascinating discussion mixed with If we looked at it a little bit closer The only one on this list that is in- science, history and a little poetry from a chemist’s perspective, we would come energy but not from the sun is there, I think. Mr. Speaker, I hope show that there is more hydrogen in from the moon, and that is the tidal many of our constituents across the coal than there is in wood. There is energy. And efforts have been made to country are listening to this most im- more hydrogen in oil than in coal. tap that, but it is pretty tough to do portant topic. There is more hydrogen in natural gas and you do not get a lot of energy out My colleague, the gentleman from than there is in oil. So we are moving of it. Michigan (Mr. EHLERS), began to speak up the ladder of a better understanding What about the savings? Our savings about energy as not something that of what sources of energy are impor- account are all the fossil fuels; coal, oil you can see or touch, and very few peo- tant. But all of them are finite. And as

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9220 CONGRESSIONAL RECORD—HOUSE May 11, 2005 our demand increases, our supply di- lions of dollars, reduce our trade def- farms are likely to be smaller and minishes, and we need to begin to icit, save oil supplies so they last more diverse. There will be fewer ex- rethink our energy sources. longer. The American Petroleum Insti- panding suburbs wholly dependent In 1910 if we look at Btus, British tute estimates that we have 25 years of upon the automobile. Solar, wind, thermal units, if you buy a heater of oil left with present demand. That is biofuels can accommodate smaller almost any sort, it will have the num- not with any increase in demand. Is de- communities. Nuclear at least for the ber of Btus that it puts out, the energy mand going down? Will we burn less time will be more significant. output. If we are to measure Btus from than 100 quadrillion Btus? I do not But if we use what is at the bottom the perspective of how many Btus the think so. What will we do about im- of the bottomless well, ingenuity, ini- United States uses, what is our energy porting the millions of barrels of oil tiative and intellect, we will have output, it is measured in quadrillion. If every day? So doubling our efficiency cleaner energy sources, more jobs, we looked in the year 1910 as an exam- with oil and natural gas will spread drastically reduced trade deficits, more ple of Btus, the United States burned 7 these supplies longer and offer us that of our own goods will be produced here, quadrillion Btus. That is a 1 with 15 transition period between a new fuel a stable economy, more security. zeros. Seven quadrillion Btus in 1910. If economy that we desperately need. What does the future hold for us? we looked at 1950, we burned 35 quadril- The second thing are alternative Look deeply at what is or should be at lion Btus. If we looked in the year 2005, fuels. The gentleman from Michigan the bottom of the bottomless well. We it is up to 100 quadrillion Btus. (Mr. EHLERS) and I know the gen- need the time to transition to this new The demand is increasing exponen- tleman from Maryland (Mr. BARTLETT) economy. tially. In 1970, the year we peaked in will mention these. There is solar. It is Mr. EHLERS. I thank the gentleman our oil, we produced, the United a small piece, but it is a piece. There is from Maryland for his perceptive com- States, 11 million barrels of oil a day. wind. It is significant, but it is a small ments and his poetic, almost philo- In 2004, we produced 5 million barrels a piece of the pie. There are biofuels, a sophical, statements. I appreciate that. day. In 2005, we burn roughly 20 million whole range of biofuels from corn to I would just like to add one quick barrels a day of oil. We import about soybeans to poplar trees, to certain note. When you refer to photovoltaics, two-thirds of our oil, and that will con- grasses, to a range of things that we I just read an article a week or two ago tinue actually to worsen, and we have have already mentioned here tonight; on this. It is just astounding to me how about 3 percent of the world’s oil re- but they are a small piece. fast the field has developed in the last serves, or less, and our demand is in- There is hydropower. There is hydro- few years. Let me just give one quote: creasing while our supply is dimin- gen which does offer us some hope. It is We expect that by 2015, photovoltaics ishing. not a fuel. You can produce it from will be producing electricity at the We are actually beginning to see the solar, from wind, from nuclear, from cost of 6 cents per kilowatt hour. That end of cheap oil in the United States. coal. What we have here is a mem- is generally less than people are paying And burning this resource, burning oil, brane; it excites the molecules and you for their electricity at their home. And is not the best use of that resource. We produce electricity without combus- there are no transition costs because use it, as the gentleman from Michigan tion. But we do not have the tech- you can keep the photovoltaic unit said, for a whole range of things, for nology to mass produce hydrogen to right in your home generating elec- heating our homes, for air condi- take the place of oil. There is methane tricity for your home. A friend of mine tioning, for airplanes, for electric from landfills and livestock. There is has built a house which is totally inde- lights, for clothing, much of the cloth- nuclear power, which is cleaner. The pendent of outside energy using ing that we wear, for plastics, for fer- storage of fuel rods is difficult and photovoltaics and other things. He tilizers, for modern agriculture, for as- also, even though it is nuclear, it is a lives 5 miles from the nearest power phalt to maintain our roads. Can you finite source. line. It works beautifully. imagine the interstate highway system We have to start now to make the But the very interesting thing is that if we did not have oil to make the as- transition to a new energy source the prediction is that half of new U.S. phalt to maintain those many millions smooth and not disruptive. We must electricity generation by 2025 will be of miles? Surgical devices, hip replace- understand the dynamics of this from produced by photovoltaics, replacing a ment, national defense, all of these an economic standpoint, a geopolitical lot of power plants. I was pleased when things come from oil. It is an integral perspective, and cultural life-style. I read this. I thought, this fellow really part of our economy. The third thing is life-style. Our knows what he is talking about. I got Should we really be burning it as fast lives, our culture right now, dependent to the end and looked at the name. It as we can, as if oil were at the bottom on fossil fuel, our lives are filled with is Mr. Al Compaan, professor at the of the bottomless well? Are there other things, things and more things. Look University of Toledo and a former stu- better uses for burning oil? There are. around your home. Where do these dent of mine. I did not realize until I Can we improve our resources here in things come from? What are they made reached the end that he was one of my the United States with something of? And how do they get delivered to students. other than fossil fuel? If we continue to us? The world is dependent on fossil We have approximately 30 minutes, rely on fossil fuel, we will never be en- fuel, mainly oil, to make those things, and I have three more speakers so if ergy independent and our security will transport those things, and bring them each of them could limit themselves to be reduced because most of the oil we to your home. We import them from all 10 minutes or less, I would appreciate import right now comes from areas of over the world. Oil is related to every it. Next I am pleased to recognize the the world that are not very stable. aspect of production, distribution, mar- gentleman from South Carolina (Mr. We should begin to seriously think keting, and consumption of the prod- INGLIS) who was with the Congress for about three things and think of these ucts you get from megaretailers like 6 years, term-limited himself, very three things in the way that we use our Wal-Mart and Sears to McDonald’s and honorably, and has now returned to us initiative, our ingenuity, and our intel- Burger King. Our culture. having fulfilled that commitment. lect to understand what lies at the bot- What will replace oil to keep this Mr. INGLIS of South Carolina. I tom of the bottomless well. The first kind of economy ever expanding? We thank the gentleman for yielding. I am thing is fuel efficiency. That is one of talk all the time about a growing econ- excited about the work that the gen- the first things we can actually do, omy. How will it expand without oil? tleman from Michigan (Mr. EHLERS) is tangible things we can do. We have the We should start talking in terms of a doing on the Science Committee and technology right now to double fuel ef- dynamic, sustainable economy without for the innovations that I think that ficiency. We should start immediately, oil. Without oil, our life-styles, in con- we can together bring about and can because it takes about a decade before clusion, our communities, are likely to encourage from here in the Congress. I you see any results. We could save bil- be smaller and more compact. Our am happy to be part of this Special

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9221 Order to talk about what could be part X5s and Z4s in Spartanburg, South distributing hydrogen, I believe that of our future. Carolina, are working on braking sys- we are going to be there, not forever In particular, the aspect that I want tems that actually take over the brak- away. One of our colleagues who is not to focus on is cars and to have us think ing decision for the driver. BMW will so inclined to believe that this is all about what cars could be in the future. release a car very soon that does just going to happen once told me, ‘‘Yes, We are bound now by burning petro- that. It has a braking system that de- that will work maybe for your grand- leum in our cars. We are bound to le- cides for you when it should apply the children.’’ Well, I think this is going to thal accidents where people traveling brake and keeps you from hitting be here before my grandchildren, and it at a high rate of speed end up being something. had better be because, as we have been killed because cars crash together, So if you think about that, the hearing tonight, we are running out of blowouts on tires or whatever cause breakthroughs that we are going to get this stuff called petroleum, and we them to have crashes. in cars, the compression on the high- have got a lot better things to do than What I am excited about is imagining ways, braking systems that make burn it. We can make pharmaceuticals. a completely different future, one that those decisions for you, the ability to We can make plastics. We can do a lot has smart cars, has fuels of the future; get in a car, program it to go some- better things. smart cars that know their position where, say from here to Baltimore, Mr. Speaker, I thank the gentleman relative to other cars on the road by take your hands off the wheel, read the for giving me the opportunity to share sensors and by automatic braking sys- newspaper, the productivity gains in these dreams of the future that may tems that take over for the driver, that the economy are very exciting. There seem like some watching dreamers, but make it so that a computer is actually are some very exciting things there that is how we got to the moon. That driving the car. That for many people now. The key to that is a new energy is how we get breakthroughs. We have sounds like science fiction, but it real- system, too, one that hopefully will got to be about it and here in the Con- ly is not that far away. emit only water as you travel, say, gress fund it, fund good research on I think it is very interesting that Bill from here to Baltimore. That is what these things, spend good money to cre- Gates was here recently and spoke with the hydrogen economy could promise ate these breakthroughs. members of the Intellectual Property for us. That is why I am very excited Mr. Speaker, I thank the gentleman Caucus and opined that it is not a ques- about producing that hydrogen and fig- for yielding to me. tion of if; it is a question of when we uring out how to store it and distribute Mr. EHLERS. Mr. Speaker, reclaim- get smart cars. He said in the future, it. Those are, of course, as I understand ing my time, I thank the gentleman for there will be no accidents. Of course, it it, the three big challenges, producing his comments. And I particularly might not be wise to bet against Bill it, storing it, and distributing it. would like to emphasize a couple of Gates when it comes to technology Producing it, as one of our colleagues things. First of all, many people tend issues. While we were waiting, a col- just mentioned, could be in various to assume hydrogen is a new source of league of ours pointed out that if you ways. energy. It is not a source of energy be- had invested $10,000 in a company cause free hydrogen does not occur in b 2130 called Microsoft in 1980, it would be nature. We have to produce it. And worth $25 million today. So it is not a Perhaps by concentrating enough en- highlighting the needs, we have to de- good idea to bet against Bill Gates ergy from the sun, sunlight into a spot velop means of production and storage when it comes to technology. to reach temperatures to crack water. and distribution, which includes trans- What we have, I think, is the oppor- And I heard the gentleman from Michi- portation to the gas stations. It is tunity to dream that big, to think of a gan’s (Mr. EHLERS) Special Order a going to be a real revolution. I would car totally differently, that it could week or so ago about nuclear, and we expect, by 2020, we will see a substan- run itself, that you get in it and it is seem to be of the same opinion that nu- tial number of those vehicles on the not so much a steering wheel as it is a clear seems to be one of the more road. It is going to take a lot of hard computer screen. Unless we think this promising ways at this point to crack work, but it will be worth it because is far away, think of the blue screen water. A reactor built for that purpose they will be essentially pollution free, tracker system that is right now de- cannot only generate electricity but and if we produce the hydrogen using ployed in Iraq on the vehicles that we can also generate the heat necessary to nuclear energy or solar energy, some- have got over there and so that our crack the water. And the beauty, of thing other than petroleum, we will men and women know where they are, course, of that is, rather than cracking also be contributing to a cleaner at- where their unit is, relative to other natural gas, which produces C02, crack- mosphere and get rid of the greenhouse units. That is updated every few sec- ing water would create no C02, and we gasses. onds. The technology, in other words, would have this wonderful operation So I thank the gentleman very much is not far away. It is on the ground that creates electricity plus heat, for his contribution, and I am delighted right now in the blue screen tracker cracks water, creates hydrogen, and we to have him on the Committee on system, and it is not far away, in my have got a stable source of fuel. Science with me. opinion, for the car. So production is crucial in envi- Mr. Speaker, next I yield to the gen- If you think about what that means, sioning this future that I am talking tleman from Tennessee (Mr. WAMP) it means compression on the highways. about here. Second is the ability to who has Oakridge National Labora- It means that you do not have to have store it, to store this hydrogen. A lot of tories within his district and is very in- the spacing that we have now, where issues there about whether to try to terested in science and particularly in cars in order to be safe should be driv- store it in a gaseous state or whether energy, which is natural because the ing a fair distance from each other at to cool it and try to get it to a liquid Oakridge Laboratories is a Department 60 or 70 miles an hour. As it is, we have state or whether to have some break- of Energy facility. So I am very anx- got to have a lot of asphalt on the throughs with metal hydrides and de- ious to hear what he has to add to the ground to accommodate that many termine a way to store it in a solid discussion this evening. cars traveling at that rate of speed. state. Those are some areas that we Mr. WAMP. Mr. Speaker, I thank the But if they are smart cars, they can be need work on, and the gentleman from gentleman from Michigan (Mr. EHLERS) within relatively few feet of each Michigan can add to that, I think. for yielding to me. other, traveling at significant speeds And then the third area where we Let me say how encouraged I am that but knowing where one is relative to need breakthroughs is how to dis- five senior Republicans would come to- the other. tribute it, how to set up either pipe- gether tonight to share different per- That seems like science fiction, but lines or some other system of distrib- spectives on the need to secure our en- consider this: a number of auto manu- uting this fuel. If we can crack those ergy sources in this country and to facturers, including BMW which makes things, get at producing, storing, and help bring the American people along

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9222 CONGRESSIONAL RECORD—HOUSE May 11, 2005 to some of the reforms that are nec- mosphere in a big ball of fire, and then sion at DOE as to whether or not hy- essary, I think, to secure our future in they safely land and walk away. And drogen is safe and if hydrogen is the so- the world and to create more oppor- except for two great tragedies with lution, and there are still some ques- tunity. I believe that we have done a Challenger and Columbia, this became tion marks behind it. But GM and lot of good things on this side of the routine in less than 100 years. Where Shell, they do not just throw their aisle, but I think that we have a whole are we going to be with technology in money away. They are interested in lot left to be done. And before this en- the next 100 years? Children ought to the bottom line. And they now have 40 ergy bill gets back from conference, I look forward to their future. The hydrogen fuel cell vehicles on the road, think we all need to advocate for quite Jetsons, which was a cartoon we a permanent hydrogen station in New a few changes. watched, could very well be a reality York City, a permanent hydrogen sta- Let me say that energy and economic within the next few decades. tion here in Washington, D.C., to dem- development are hand in hand. The Transportation, though, has to be at onstrate what can be done. gentleman from South Carolina in- the forefront of the energy revolution The challenge, we have heard some of voked the name of Bill Gates. I would in this country because two-thirds of the challenges; another challenge is submit that the reason that we bal- the petroleum is used in the transpor- cost. These units cost $400,000 each. We anced the budget a few years ago for a tation sector, and as the gentleman have got to find ways to bring that cost few years in a row was not because we from South Carolina so well articu- down to a $40,000 or $50,000 each so that cut spending. We did hold the line on lated, we have got to look for solu- it is cost-effective for the American spending for like 3 consecutive years tions. I am encouraged by the develop- consumers to jump across this bridge and kept the growth of spending below ment of hybrid vehicles. It is the bridge to the hydrogen economy. inflation. But it was because we actu- to the hydrogen economy as it devel- I have said that I believe our tax code ally led the world in a particular area ops, and right now, there are more and is the best way to encourage and of our export economy and information more automotive systems, cars and incentivize manufacturers and con- technology and we created such a ro- light trucks, that are moving to hybrid sumers to move towards these new bust U.S. economy that revenues sur- technologies, both foreign and domes- sources of energy. Our energy inde- passed expenses, and we balanced the tic. And next year, the American con- pendence, though, is a homeland secu- budget. And I would challenge the sumer will have a host of options. rity issue. I co-chair the Renewable En- country that the one great area that One of the things that I regretted ergy Caucus here in the House, and in we can do that again, as we look over about the energy bill, and I think sev- the last Congress, we got over half the the next 10 to 15 years, is in what I call eral of our colleagues here on our side Members. It is very bipartisan; about ‘‘entech,’’ energy technologies. Because did not vote for the House version, and 60 percent Democrats, 40 percent Re- there are so many energy needs around I believe we will be able to vote for the publicans. Many of my colleagues here, the world as the population explodes, conference report when it comes back I think all of them are members of it. as third-world countries become indus- soon, because the House version did not It is so important that we do these trialized, as people are more mobile, include the tax incentives to stimulate things, but I also serve on the Home- and this global economy that we all renewables, alternative fuels, did not land Security Subcommittee of the live and operate in is increasing the de- extend the tax credit for these hybrid Committee on Appropriations. Our en- mand for energy, the whole world is vehicles. And, frankly, we have got ergy security is a top homeland secu- looking to us for leadership. And it is people waiting in line, and we need to rity issue. As a matter of fact, former an export potential in manufacturing incentivize more of that so that the national security advisers all came to- that could lead to the most robust U.S. manufacturers will be encouraged to gether last month and signed a letter economy that could actually increase make them and consumers will be en- to the President of the United States revenues so greatly, because we are so couraged to buy them, and we did not saying that energy security is a crisis productive, and we are solving the do enough in that bill. As a matter of and that it is a national security issue world problems. We could balance the fact, here is what folks need to know, and that we need to address it with the budget again. I do not believe, given to- because I have met with President highest level of priority. And there are day’s needs, we can cut spending Bush recently and listened to him on several crises floating around. We are enough to balance the budget because this issue: When he sent his proposal spending a lot of time talking about of homeland security, because of enti- over here, 72 percent of the tax incen- them. In my view, this energy issue is tlement spending. As a matter of fact, tives in his energy plan were for renew- right at the end of our nose in terms of if we eliminate all of the nondefense ables and energy alternatives, and he a crisis. We have got to mobilize quick- discretionary funding, we still would really wanted to rachet this up. But, by ly so that we can secure our independ- have a deficit in this current fiscal the time the House got through with it, ence. I do not want to be reliant on the year. So we have got to grow this econ- they had lowered that 72 percent to 6 Middle East for petroleum for two- omy, and energy technologies are the percent and replaced a lot of the renew- thirds of our transportation needs. And way to do it. ables and alternative energy sources the sooner we act, the sooner we are Energy, as we have heard already, is with oil and gas. And when they asked going to be stable and secure. It is a a source of many of our problems. But the President what he thought about very important national security and I have get got to tell my colleagues, that he said, You do not need to homeland security issue. energy is also the source of the solu- incentivize oil and gas; $2.35 a gallon We talk about natural gas. The prices tions to a lot of our problems, and I am will incentivize oil and gas. They have have spiked so quickly that now we looking forward to the development of got incentives. It is called the market- look at photovoltaics. We look at solar technologies. And when we look at this place. We need to incentivize the alter- panels for home construction, and be- continuum, I love the combination of natives to oil and gas. cause of the rise in natural gas prices, history and knowledge on energy, but And that is really what we are ex- they become cost-effective to put them think about the next 100 years and cited about here, and I believe, when on their house early. They make solar think back on the last 100 years. Man the Senate finishes its work, brings energy panels in Memphis, Tennessee. has only been flying a little more than this back, the Republicans in Congress Sharp Solar does. And in a lot of places 100 years. That ought to blow people’s and quite a few good Democrats will that are cold in the winter, now where minds that, in less than 100 years, we come together and pass an energy bill natural gas has gone to $7, I think, we can go from Kitty Hawk to people rou- that really moves us towards these al- can actually put in our building mate- tinely being catapulted into space with ternatives. rials these energy-efficient tech- a hydrogen system, catapult them into Let me tell my colleagues that I look nologies. Go to the National Renewable space. They stay out there for a period to the private sector to see what they Energy Lab in Colorado and see the of time. They reenter the earth’s at- are doing because there is some divi- breakthroughs. One will be stunned as

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9223 to how quickly, as the gentleman from the Middle East by sending all this Brown coal, that is not very good Michigan (Mr. EHLERS) has said, these money over there which they are di- coal. Straw, you can burn bailed straw, things are advancing. A host of things. verting into instruments of war that is called biomass. There are lots of Wind power, we are building more and against us. things you can do with biomass. In more windmills in the Tennessee Val- With that, I am pleased to recognize some parts of the world they burn dried ley. TVA has the green power switch our final speaker of the day, another dung. That also has lots of energy in it, option. More and more consumers are scientist, the gentleman from Mary- about the same as wood. signing up for that. Pay a little more land (Mr. BARTLETT), who is an expert Then we move to black coal, that is but know that they have got totally re- on what is called ‘‘peak oil.’’ In other what we really mean by coal. You see newable energy coming into their words, we talked about the finiteness coal has a higher energy density than home. It is a popular thing. And, frank- of the oil and natural gas supplies. The wood. And here is coke and ethanol. ly, Republicans leading with a national gentleman from Maryland (Mr. BART- Notice that ethanol has a lesser energy energy policy for the first time since LETT) is the expert, and he will explain density than crude oil and diesel and the late 1970s are doing the right thing that to us. petrol, that is what you put in your for the environment. Mr. BARTLETT. Mr. Speaker, I real- car. Naptha has a higher energy den- But that brings me to a problem we ly want to thank the gentleman for or- sity, aviation fuel a still higher energy have, and that is in the electricity sec- ganizing this hour this evening. density, and natural gas, it was men- tor, the cleanest, most efficient elec- The gentleman from Michigan (Mr. tioned, the hydrogen content goes tricity in this country is nuclear. In EHLERS) mentioned the energy future, higher and higher in these so you get France, these people are very environ- and I have a chart here which looks at more energy out of it. the past. If you understand how we mentally sensitive. They actually get The gentleman from Michigan (Mr. have gotten here, why, you may be able it, and over 70 percent of the elec- EHLERS) mentioned the agricultural to see the future a little better. revolution. We have a chart here that tricity in France is provided by nu- The gentleman mentioned the wood, looks at the agricultural revolution. clear, but they do prototype their de- and that is the brown line way down sign. They eliminate the margin of This is a very interesting chart. here. Then the gentleman mentioned The top part of the chart shows how error, and they do the same thing over coal. We transitioned, and the gen- and over again. We need to do that we get energy from petroleum, and it tleman from Maryland (Mr. GILCHREST) goes from petroleum clear down to gas- here, and we need to go back into the mentioned that also. We transitioned oline and all of the energy inputs in nuclear business. We have the waste to coal. You see that we got lots more the stages that are involved in doing stream problems worked out with energy out of coal than we got out of that. You have to recover it. Here is Yucca Mountain. We need to be bold wood. enough to say, if we are going to secure Then look at the energy that we get the energy input that you need to re- our energy sources, and the main thing out of oil. Of course, as we look to the cover it. You have to transport it. You is there is absolutely no emissions with future, we need to find something that have got to refine it. You have got to nuclear. We have clean air. We could will at least come close to producing transport it again. And this is what actually participate in Kyoto if we the kind of energy that we get from oil. you get from it, 1 million Btus of gaso- would replace fossil with nuclear, and Our next slide relates to something line at the refueling station. And what we are smart enough to do it. Dadgum, the gentleman said about energy rep- did that cost you? It cost 1.23 million if the French are smart enough to do resents the ability to do work. Here we Btus. So about a fifth of all the energy it, then we are smart enough to do it. have a chart which lists the energy you started with in petroleum now is The House Republicans have a strong density in a variety of things that we gone in getting this gallon of gasoline. energy plan. By the time we finish, we get energy from. Well, on the other side here we have are going to do extremely well. We To kind of put this in perspective, I now energy from ethanol, from corn. If have got several deliverables from re- would like to note that if we come you go down, we have to farm the corn, newable energy and energy efficiency, down here to crude oil, I will give you we have to produce it, we have to moving to the hydrogen economy, some idea of the energy density of transport it, we have to produce it, we making sure that our electricity grid is crude oil, one barrel of crude oil, 42 gal- have to transport it again to where you reliable, expanding nuclear power and lons, represents the energy from 25,000 are going to use it, and we still have cleaning up the coal technologies in man-hours of labor. That is about 12 the 1 million Btus, a little more than a this country. I am proud to serve with man years of labor. That is the equiva- gallon here, by the way, because it does these men and advocate for energy se- lent of having 12 people that work all not have the energy density of gaso- curity. I believe we are going to actu- year for you. And what will it cost you line. But still we are making the equiv- ally send that bill to the President and for that? $100 today, about $50 for the alent 1 million Btus. Notice that that do the right thing, grow the economy barrel of oil and maybe $50 to refine it took 0.74 million Btus of fossil energy. and hopefully ultimately have reve- and distribute it. So that is the kind of The difference, of course, was the en- nues pass expenses again. energy density that we get from fossil ergy we got from the sun. So here we fuel. are capturing energy from the sun to b 2145 Now, we are going to have to find make ethanol. Mr. EHLERS. Mr. Speaker, reclaim- something that comes close that that The bottom of this chart is really ing my time, I thank the gentleman for in the quantities we are using fossil very interesting, because this points to his comments, and I appreciate his fuels. We are talking about oil and gas. a big problem that we face in this words about the Jetsons. Both previous We use in our country 21 million bar- country particularly, and in the world speakers mentioned we have to be rels of oil a day. The rest of the world in general, as the availability of fossil smart with the smart cars of the fu- uses 63 million barrels of oil a day. fuels winds down, because this is the ture. I would say if we are not smart, That is 84 million barrels of oil a day total energy requirement that goes we may end up like the Flintstones, in- total. into a bushel of corn. stead of the Jetsons. So it is very im- If you look here, you will see we did Notice the kind of energy that goes portant for us to do the long-term go to higher and higher energy density into that bushel of corn. Nearly half of planning we need to in this body. fuels. As we moved along, you can burn it is nitrogen. That comes from natural Also the gentleman mentioned the domestic refuge, and we ought to be gas. Before we learned how to get it document from the Energy Future Coa- doing that, by the way, instead of put- from natural gas, the only place we got lition, which I also have. National se- ting it in landfills. We ought to be it from was barn yard manures or curity is a very, very important part of burning that. Some are doing that. You plants that put it in the soil in rota- this discussion, and it really irritates get heat for the surrounding houses, tion farming or guano that we mine me that we are financing our foes in you get electricity from it. from bat caves and tropical islands.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9224 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Notice as we go around this pie, the be doing is voluntary conservation. Let using our savings; let us get on to input of oil. Here we have input haul- me put up very quickly the chart that using our income and some of our in- ing, that is oil. Water, that was moved shows California. This is a really inter- heritance so that we have a balanced probably with energy from fossil fuels. esting one. economy in the future and a safer Na- Chemicals, a lot of host chemicals are It shows that you do not have to de- tion. made from fossil fuels, an enormous pe- preciate the quality of life to useless ‘SET AMERICA FREE’ A BLUEPRINT FOR U.S. trochemical industry. Custom work. energy. Californians use about 60 per- ENERGY SECURITY The fellow came in to do custom work, cent as much energy per person as in INTRODUCTION he used some oil. His tractor was made the rest of the country. It would be Historically, the United States has pursued with oil. Natural gas. Electricity. Nat- hard to argue they do not have a good a three-pronged strategy for minimizing the ural gas goes along with oil. Elec- lifestyle. vulnerabilities associated with its depend- tricity could have been produced with Let me put this down and look at the ency on oil from unstable and/or hostile na- natural gas or oil. Propane, again, a next one. The next thing we need to do, tions: diversifying sources of oil, managing product of fossil fuels. Gasoline, diesel. we need to organize voluntary con- inventory in a strategic petroleum reserve So far, almost everything here is the and increasing the efficiency of the transpor- servation. If we can organize, we can do tation sector’s energy consumption. In re- product of oil or oil itself, is it not? a little better job. Then this is with the cent years, the focus has been principally on And then we get to some things we government cuts in now. We need to finding new and larger sources of petroleum mine. We can mine phosphate, lime and have monetary incentives, some poli- globally. potash, but it takes energy to mine cies for volunteer conservation. We Rapidly growing worldwide demand for oil, those and that energy probably came have to conserve to buy time so we can however, has had the effect of largely neu- from oil. So the food you eat in a very use the fossil fuels remaining, not only tralizing this initiative, depleting existing reserves faster than new, economically ex- real sense is oil, is it not, because that total fuel our present economy, to is where the energy came from to ploitable deposits are being brought on line. make the investment we need to make Under these circumstances, diversification produce that food. in these renewables so we will be able among such sources is but a stop-gap solu- Then you have the very interesting to sustain ourselves for the duration. tion that can, at best, have temporary effect chart of income savings and inherit- Then we need to go to efficiency. We on oil supply and, hence, on national secu- ance, and I have a chart here that have done a lot with efficiency. Your rity. Conservation can help, but with oil con- looks at some of the alternatives. present refrigerator is at least twice as sumption expected to grow by 60 percent These have been mentioned. We will good as the one 20 years ago in terms of over the next 25 years, conservation alone will not be a sufficient solution. just spent a couple of moments looking efficiency. Then again the government at these alternatives, because we have is involved, we need to have monetary THE ‘SET AMERICA FREE’ PROJECT been talking about it this evening. incentives and policies for efficient Long-term security and economic pros- We have some finite resources and we perity requires the creation of a fourth pil- technologies. lar—technological transportation of the need to husband those carefully. We I would say to the gentleman from need to use them only as we have to. transportation sector through what might be Michigan (Mr. EHLERS), we should have Some of them will not be very valu- called ‘‘fuel choice.’’ By leading a multi- been moving down this path for the able. Tar sands and oil shale may cost national effort rooted in the following prin- last 25 years, because in 1980 we knew ciples, the United States can immediately you almost as much to get the energy absolutely moving down Hubbard’s begin to introduce a global economy based as you get out of the energy after you Peak. Tomorrow I think we have an- on next-generation fuels and vehicles that have gotten it. Coal, and I want to put other opportunity in one of these spe- can utilize them: a coal chart up here in just a moment, Fuel diversification: Today, consumers can cial order hours to talk about this. We because that is a very interesting one. choose among various octanes of gasoline, will be able to do this in more detail. I And then nuclear. Several of the speak- which accounts for 45 percent of U.S. oil con- thank the gentleman for yielding to me ers have mentioned nuclear this sumption, or diesel, which accounts for al- evening. and for organizing this hour this most another fifth. To these choices can and There are three kinds of ways you evening. should promptly be added other fuels that are domestically produced, where possible can get power from nuclear. Fusion, I Mr. EHLERS. Mr. Speaker, reclaim- ing my time, I thank the gentleman from waste products, and that are clean and hope we get there. If we get there we affordable. are home free, are we not? I think the from Maryland. The gentleman has Real world solutions: We have no time to odds of getting there are not all that given an excellent presentation. Unfor- wait for commercialization of immature good, so you better not bank on it, the tunately, we do not have time to go technologies. The United States should im- same way you better not bank on solv- into details, but as the gentleman men- plement technologies that exist today and ing your personal economic problems tioned, I believe we have other time are ready for widespread use. next week when we can do that. I look Using existing infrastructure: The focus by winning the lottery. That would be should be on utilizing competitive tech- nice too, but the odds are not real high forward to hearing more from the gen- tleman about his field of expertise. nologies that do not require prohibitive or, if that you are going to do it. Then there possible, even significant investment in is the light water reactor, which we Mr. Speaker, I would also enter into changing our transportation sector’s infra- have, and then there is the breeder re- the record a letter from the Energy Fu- structure. Instead, ‘‘fuel choice’’ should per- actor, which we do not have, which we ture Coalition which was sent to Presi- mit the maximum possible use of the exist- are certainly going to have to look at dent George W. Bush along with some ing refueling and automotive infrastructure. if we are going to be serious of getting attached material which I think is very Domestic resource utilization: The United States is no longer rich in oil or natural gas. nuclear energy. important for our colleagues to peruse and it will certainly be of interest to It has, however, a wealth of other energy Then there is a whole list of renew- sources from which transportation fuel can ables here. These are the ones we really other people in this Nation. be safely, affordably and cleanly generated. need to be focusing on. But the big I want to thank the four gentlemen Among them: hundreds of years worth of challenge here is, and I want to put the who joined me here this evening, all of coal reserves, 25 percent of the world’s total last chart up, is to move so we can them are experts in different areas re- (especially promising with Integrated Gasifi- make do with the energy from these al- lating to energy. They have done an ex- cation and Combined Cycle technologies); ternatives, because it is not going to be cellent job of presenting things, and I billions of tons a year of biomass, and fur- as available in as large a quantity or hope this clarifies the energy situation ther billions of tons of agricultural and mu- with the energy density of the fossil and sheds some light on our efforts to nicipal waste. Vehicles that meet consumer ensure that we advance energy effi- needs (e.g., ‘‘plug-in’’ hybrids), can also tap fuels. So I want to put up the last America’s electrical grid to supply energy chart, and that is the chart that shows ciency, advance energy conservation, for transportation, making more efficient the things we need to be doing. advance development of new sources of use of such clean sources of electricity as These are the kind of things we need energy, and, in particular, in terms of solar, wind, geothermal, hydroelectric and to be doing. The first thing we need to the chart I used, let us get away from nuclear power.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9225 Environmentally sensible choices: The a time-interval during which electric utili- Implement federal, state, and local policies technologies adopted should improve public ties have significant excess capacity. The to encourage mass transit and reduce vehi- safety and respond to the public’s environ- Electric Power Research Institute estimates cle-miles traveled. mental land health concerns. that up to 30 percent of market penetration Work with other oil-consuming countries KEY ELEMENTS OF THE ‘SET AMERICA FREE’ for plug-in hybrid electric vehicles with 20- towards distribution of the above-mentioned PROJECT mile electric range can be achieved without technologies and overall reduction of reli- a need to install additional electricity-gener- ance on petroleum, particularly from hostile Vehicles ating capacity. and potentially unstable regions of the Hybrid electric vehicles: There are already Alcohol fuels: ethanol, methanol and other world. thousands of vehicles on America’s roads blends: A NEW NATIONAL PROJECT that combine hybrid engines powered in an Ethanol (also known as grain alcohol) is In 1942, President Roosevelt launched the integrated fashion by liquid fuel-powered currently produced in the U.S. from corn. Manhattan Project to build an atomic weap- motors and battery-powered ones. Such vehi- The industry currently has a capacity of 3.3 on to be ready by 1945 because of threats to cles increase gas-consumption efficiency by billion gallons a year and has increased on America and to explore the future of nuclear 30-40 percent. the average of 25 percent per year over the fission. The cost in today’s prices was $20 bil- Ultralight materials: At least two-thirds of past three years. Upping production would be lion. The outcome was an end to the war fuel use by a typical consumer vehicle is achieved by continuing to advance the corn- with Japan, and the beginning of a wide new caused by its weight. Thanks to advances in based ethanol industry and by commer- array of nuclear-based technologies in en- both metals and plastics, ultralight vehicles cializing the production of ethanol from bio- ergy, medical treatment, and other fields. can be affordably manufactured with today’s mass waste and dedicated energy crops. P- In 1962, President Kennedy launched the technologies and can roughly halve fuel con- Series fuel (approved by the Department of Man to the Moon Project to be achieved by sumption without compromising safety, per- Energy in 1999) is a more energy-efficient 1969 because of mounting threats to U.S. and formance or cost effectiveness. blend of ethanol, natural gas liquids and international security posed by Soviet space- ‘‘Plug-in’’ hybrid electric vehicles: Plug-in ether made from biomass waste. hybrid electric vehicles are also powered by Methanol (also known as wood alcohol) is dominance and to explore outer space. The a combination of electricity and liquid fuel. today for the most part produced from nat- cost of the Apollo program in today’s prices Unlike standard hybrids, however, plug-ins ural gas. Expanding domestic production can would be well over $100 billion. The outcome draw charge not only from the engine and be achieved by producing methanol from was an extraordinary strategic and techno- captured braking energy, but also directly coal, a resource with which the U.S. is abun- logical success for the United States. It en- from the electrical grid by being plugged dantly endowed. The commercial feasibility gendered a wide array of spin-offs that im- into standard electric outlets when not in of coal-to-methanol technology was dem- proved virtually every aspect of modern life, use. Plug-in hybrids have liquid fuel tanks onstrated as part of the DOE’s ‘‘clean coal’’ including but not limited to transportation, and internal combustion engines, so they do technology effort. Currently, methanol is communications, health care, medical treat- not face the range limitation posed by elec- being cleanly produced from coal for under 50 ment, food production and other fields. The security of the United States, and the tric-only cars. Since fifty-percent of cars on cents a gallon. the road in the United States are driven 20 It only costs about $60,000 to add a fuel world, is no less threatened by oil supply dis- miles a day or less, a plug-in with a 20-mile pump that serves one of the above fuels to an ruptions, price instabilities and shortages. It range battery would reduce fuel consumption existing refueling station. is imperative that America provide needed by, on average, 85 percent. Plug-in hybrid Non-oil based diesel: Biodiesel is commer- leadership by immediately beginning to dra- electric vehicles can reach fuel economy lev- cially produced from soybean and other vege- matically reduce its dependence on imported els of 100 miles per gallon of gasoline con- table oils. Diesel can also be made from oil. This can be done by embracing the con- sumed. waste products such as tires and animal by- cepts outlined above with a focus on fuel Flexible fuel vehicles (FFVs): FFVs are de- products, and is currently commercially pro- choice, combined with concerted efforts at signed to burn on alcohol, gasoline, or any duced from turkey offal. Diesel is also com- improving energy efficiency and the in- mixture of the two. About four million mercially produced from coal. creased availability of energy from renew- FFV’s have been manufactured since 1996. Policy Recommendations able sources. The estimated cost of the ‘‘Set America The only difference between a conventional Provide incentives to auto manufacturers car and a flexible fuel vehicle is that the lat- Free’’ plan over the next 4 years is $12 bil- to produce and consumers to purchase, hy- lion. This would be applied in the following ter is equipped with a different control chip brid vehicles, plug-in hybrid electric vehicles and some different fittings in the fuel line to way: $2 billion for automotive manufacturers and FFVs across all vehicle models. to cover one-half the costs of building FFV- accommodate the characteristics of alcohol. Provide incentives for auto manufacturers capability into their new production cars The marginal additional cost associated with to increase fuel efficiency of existing, non- (i.e., roughly 40 million cars at $50 per unit); such FFV-associated changes is currently FFV auto models. under $100 per vehicle. That cost would be re- Conduct extensive testing of next-genera- $1 billion to pay for at least one of every four duced further as volume of FFVs increases, tion fuels across the vehicle spectrum to existing gas stations to add at least one particularly if flexible fuel designs were to meet auto warranty and EPA emission pump to supply alcohol fuels (an estimated become the industry standard. standards. incentive of $20,000 per pump, new pumps Flexible fuel/plug-in hybrid electric vehi- Mandate substantial incorporation of plug- costing approximately $60,000 per unit); $2 cles: If the two technologies are combined, ins and FFVs into federal, state, municipal billion in consumer tax incentives to procure such vehicles can be powered by blends of al- and covered fleets. hybrid cars; $2 billion for automotive manu- cohol fuels, gasoline, and electricity. If a Provide investment tax incentives for cor- facturers to commercialize plug-in hybrid plug-in vehicle is also a FFV fueled with 80 porate fleets and taxi fleets to switch to electric vehicles; $3 billion to construct com- percent alcohol and 20 percent gasoline, fuel plug-ins, hybrids and FFVs. mercial-scale demonstration plants to economy could reach 500 miles per gallon of Encourage gasoline distributors to blend produce non-petroleum based liquid fuels gasoline. combustion enhancers into the fuel. (utilizing public-private cost-sharing part- If by 2025, all cars on the road are hybrids Provide incentives for existing fueling sta- nerships to build roughly 25 plants in order and half are plug-in hybrid vehicles, U.S. oil tions to install pumps that serve all liquid to demonstrate the feasibility of various ap- imports would drop by 8 million barrels per fuels that can be used in the existing trans- proaches to perform efficiently at full-scale day (mbd). Today, the United states imports portation infrastructure, and mandate that production); and $2 billion to continue work 10 mbd and it is projected to import almost all new gas stations be so equipped. on commercializing fuel cell technology. 20 mbd by 2025. If all of these cars were also Provide incentives to enable new players, Since no major, new scientific advances flexible fuel vehicles, U.S. oil imports would such as utilities, to enter the transportation are necessary to launch this program, such drop by as much as 12 mbd. fuel market, and for the development of en- funds can be applied towards increasing the vironmentally sound exploitation of non-tra- efficiencies of the involved processes. The re- Fuels ditional petroleum deposits from stable sulting return-on-investment—in terms of Fuel additives: Fuel additives can enhance areas (such as Canadian tar sands). enhanced energy and national security, eco- combustion efficiency by up to 25 percent. Provide incentives for the construction of nomic growth, quality of life and environ- They can be blended into gasoline, diesel and plants that generate liquid transportation mental protection—should more than pay for bunker fuel. fuels from domestic energy resources, par- the seed money required. Electricity as a fuel: Less than 2 percent of ticularly from waste, that can be used in the Gary L. Bauer, President, American Val- U.S. electricity is generated from oil, so existing infrastructure. ues. using electricity as a transportation fuel Allocate funds for commercial scale dem- Milton Copulos, National Defense Council would greatly reduce dependence on im- onstration plants that produce next-genera- Foundation. ported petroleum. Plug-in hybrid vehicles tion transportation fuels, particularly from Congressman Eliot Engel. would be charged at night in home garages— waste products. Frank Gaffney, Center for Security Policy.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9226 CONGRESSIONAL RECORD—HOUSE May 11, 2005 Bracken Hendricks, Apollo Alliance. try that could significantly reduce our con- nues to purchase destabilizing weapons or to Col. (ret.) Bill Holmberg, American Coun- sumption of foreign oil. support terrorism; With just 2 percent of the cil on Renewable Energy. We do not know today what form a crisis world’s oil reserves and 25 percent of current Anne Korin, Institute for the Analysis of over oil will take, but we know that a crisis world consumption, the U.S. cannot elimi- Global Security. is coming—one that could harm the United nate its need for imports through increased Deron Lovaas, Natural Resources Defense States. Action to prepare for that day will domestic production alone; equivalent de- Council. pay dividends for our national security, out mand-side measures are essential; Tech- Gal Luft, Institute for the Analysis of international competitiveness, and our fu- nologies exist today that can improve effi- Global Security. ture prosperity. We respectfully urge that ciency and produce clean, domestic petro- Cliff May, Foundation for the Defense of you call on the Congress to join you in sup- leum substitutes; The cost of action is far Democracies. porting the funding and other strong meas- smaller than the risk of inaction, and there Hon. Robert C. McFarlane, Former Na- ures needed to reduce our dependence on for- is no excuse for further delay. tional Security Advisor. eign oil, such as those set out in our enclosed Recommendation: Daniel Pipes, Middle East Forum. Findings and Recommendations. As Sun Tzu 1. It should be a top national security pri- Professor Richard E. Smalley, 1996 Nobel wrote, ‘‘The art of war teaches us to rely not ority of the United States to significantly Laureate in Chemistry. on the likelihood of the enemy’s not coming, reduce its consumption of foreign oil Admiral James D. Watkins, Former U.S. but on our own readiness to receive him.’’ through improved efficiency and the rapid Secretary of Energy. Sincerely, substitution of advanced biomass, alcohol Hon. R. James Woolsey, Former director of ROBERT C. MCFARLENE, and other available alternative fuels, and the CIA, Co-Chairman, Committee on the R. JAMES WOOLSEY, this effort should be funded at a level propor- Present Danger. FRANK J. GAFFNEY, Jr., tionate with other priorities for the defense Meyrav Wurmser, Hudson Institute. C. BOYDEN GRAY, of the nation. TIMOTHY E. WIRTH. 2. In addition to research and development, ENERGY FUTURE COALITION Additional Signatories such investments should include tax credits Washington, DC, March 24, 2005. Lt. Gen. John S. Caldwell, Jr., USA (Ret.). and other incentives to encourage: (a.) Rapid Hon. GEORGE W. BUSH, President of the Milton R. Copulos, National Defense Coun- production and consumer purchase of ad- United States, cil Foundation. vanced vehicles like hybrids, plug-in hybrids The White House, Adm. William T. Crowe, Jr., USN (Ret.); and flexible fuel vehicles; (b.) Production of Washington, DC. former Chairman of the Joint Chiefs of Staff. more efficient vehicles across all models; (c.) DEAR MR. PRESIDENT: As individuals with a Hon. John H. Dalton, Former Secretary of Construction of domestic facilities to deep commitment to our nation’s security the Navy. produce alternative fuels from domestic re- and well-being, we share our overriding con- Vice Adm. Robert F. Dunn, USN (Ret.). sources; and (d.) Wide deployment of alter- cern for the protection of the United States. Brig. Gen. Gordon Gayle, USMC (Ret.). native liquid fuel options at existing fueling That is why we have come together to urge Hon. Sherri W. Goodman, Former Deputy stations. you and your Administration to focus anew Under Secretary of Defense. 3. The Federal Government should consider on a matter that directly affects our na- Vice Adm. Lee Gunn, USN (Ret.); Institute mandating substantial incorporation of hy- tional security: America’s growing depend- for Public Research, Center for Naval Anal- brids, plug-in hybrids and flexible fuel vehi- ence on foreign oil. ysis. cles into federal, state, municipal and other We believe that: The United States’ de- David A. Harris, American Jewish Com- government fleets. pendence on imported petroleum poses a risk mittee. f to our homeland security and economic well- Hon. Gary Hart, Former U.S. Senator; Co- being. Increasing petroleum consumption by Chair, U.S. Commission on National Secu- PAYING TRIBUTE TO NATIONAL developing economies like China and India rity for the 21st Century. LAW ENFORCEMENT OFFICERS will exacerbate this risk. Some foreign inter- Rear Adm. Leland S. Kollmorgen, USN AND FIRST RESPONDERS ests have used oil revenues in ways that (Ret.). The SPEAKER pro tempore (Mr. harm our national security. With only two Gen. Richard L. Lawson, USAF (Ret.); percent of the world’s oil reserves but 25 per- former President, National Mining Associa- FITZPATRICK of Pennsylvania). Under cent of current world consumption, the tion. the Speaker’s announced policy of Jan- United States cannot eliminate its need for Gal Luft, Institute for the Analysis of uary 4, 2005, the gentleman from Michi- imports through increased domestic produc- Global Security. gan (Mr. STUPAK) is recognized for 60 tion along. An equivalent emphasis on de- Lt. Gen. William R. Maloney, USMC (Ret.). minutes. mand-side measures—development and de- Clifford D. May, Foundation for the De- Mr. STUPAK. Mr. Speaker, I thank ployment of clean, domestic petroleum sub- fense of Democracies. you for the opportunity to say a few stitutes and increased efficiency in our Vice Adm. Dennis V. McGinn, USN (Ret.). transport system—is essential. Hon. William A. Nitze, The Gemstar words tonight. I would like to change You have recognized the threat. As you Group. the subject from energy to the energy said on the South Lawn on February 25, 2002, John L. Peterson, The Arlington Institute. we see day in and day out on our Na- dependence on foreign oil ‘‘is a challenge to Hon. Robert B. Pirie, Jr., Former Sec- tion’s streets, towns and communities our economic security, because dependence retary of the Navy (acting). and homes, and that is that this week can lead to price shocks and fuel shortages. Hon. John D. Podesta, Center for American is National Law Enforcement Week. I And this dependence on foreign oil is a mat- Progress; former White House Chief of Staff. rise to pay tribute to our law enforce- ter of national security. To put it bluntly, The Hon. David Oliver, Jr., Former Prin- ment officers and first responders who sometimes we rely upon energy sources from cipal Deputy Under Secretary of Defense for countries that don’t particularly like us.’’ Acquisition, Technology and Logistics. have so bravely protected and served Mr. President, we agree. We are writing Hon. Joe R. Reeder, Former Under Sec- our Nation, often putting their own today to urge that the United States re- retary of the Army. lives at risk. spond—as it has so ably to other national se- Maj. Gen. J. Milnor Roberts, USAR (Ret.). Since September 11, 2001, many in curity challenges—with a focused, deter- Vice Adm. Richard H. Truly, USN (Ret.); this Nation and this Congress have mined effort that accepts nothing less than former Director of the National Renewable come to recognize the importance of success. To reduce the risk of an oil shock in Energy Laboratory. the sacrifices made by men and women a global market, we must reduce our use of Adm. James D. Watkins, USN (Ret.); foreign oil. We ask that you launch a major former Secretary of Energy. in law enforcement. As a former police officer with the Michigan State Police new initiative to curtail U.S. consumption ENERGY FUTURE COALITION through improved efficiency and the rapid and the Escanaba City Police Depart- THE NATIONAL SECURITY AND PETROLEUM development and deployment of advanced ment, as well as the founder and co- DEPENDENCE PROJECT biomass, alcohol and other available petro- chair of the Law Enforcement Caucus, leum fuel alternatives. Findings and Recommendations this week has special meaning to me. Most importantly, we believe that, to dem- Findings: U.S. dependence on foreign pe- The focus of this week will take place onstrate our seriousness and resolve, this ef- troleum poses a serious risk to our national Friday evening, when 153 law enforce- fort must be funded at a level proportionate and homeland security as well as our eco- with other priorities for our nation’s defense. nomic well-being; Increasing petroleum con- ment officers killed in the line of duty An investment of no more than $1 billion sumption by developing economies like in 2040 as well as 262 other officers over the next five years, for example, would China and India will exacerbate this risk; killed in prior years will be formally establish a domestic alternative fuels indus- Some foreign interests have used oil reve- added to the Peace Officers Memorial

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9227 at the 2005 National Candlelight Vigil If enacted, the President’s budget erything possible to ensure that our at the National Law Enforcement Me- cuts will have far-reaching effects on law enforcement officers that play an morial here in Washington, D.C. our local law enforcement commu- integral role in our Nation’s antiter- The addition of these officers’ names nities. Local drug enforcement teams rorism efforts are fully interoperable to the memorial is one way in which are crucial to keeping our communities and able to talk to each other, whether our Nation can commemorate its fallen drug-free. If the Byrne grant programs it is State, Federal, or local law en- heroes who have died in the line of are zeroed out, as they are required to forcement, or first responders. Without duty. This week allows law enforce- be underneath our budget, they will be interoperability, our public safety ment officers and their families to unable to hire officers needed to sus- agencies face the challenge of being gather together in one place and honor tain their drug enforcement teams. able to talk to each other when the those who have lost their lives. Let me tell my colleagues, when it emergency crisis strikes. According to the National Law En- comes to drug abuse, no community, My State of Michigan is one of the forcement Officers Memorial Fund, urban or rural, is immune from this leaders in its mission to build a com- more than 16,656 Federal, State and problem. To highlight how important munications network that allows its local law enforcement men and women these local teams are to our rural dis- entire local and State public safety in the United States have been killed tricts, there is a recent article in our agencies the ability to talk with one in the line of duty through 2004. In 2004, local newspapers in my first congres- another by radio, regardless of agency of the 153 fallen officers, sadly seven of sional district of Michigan. On April 13, or jurisdiction. The network has right these officers are from my home State HUNT, or also known as the Huron Un- now 400 local and State agencies on it, of Michigan. dercover Narcotics Teams seized 3,000 but there are another 1,300 agencies That is why it is especially impor- Oxycontin tablets from a home in the that need to get on the network, and tant during this special week that we rural part of Presque Isle. This is just the main obstacle in reaching this goal not only recognize the dedication of one example of the critical work these is being able to get on the same net- these officers, but also commit to pro- narcotic teams do day in and day out work and talk to each other via the viding our law enforcement officers to keep drugs out of our communities spectrum they need and the funding with the resources they need to meet and our schools. they need, which is why we have heard the daily challenges of their jobs, par- This country’s drug problems are not from national police and public safety ticularly at a time when we place going to go away with this one bust. In organizations about the funding levels. greater demands on them to fight and fact, with the emergence of prescrip- If we tried to fund the whole Nation, it prevent terrorism here all across tion drugs used and dealt illegally like would cost about $10 billion, and that America. Oxycontin, some would argue the prob- is what is needed to make this Nation’s We can provide these resources only lem is only getting worse. My question first responders interoperable or being by fully funding important law enforce- is, why are we zeroing out the funding able to talk to each other, regardless of ment grant programs that allow our that enables programs like HUNT, the the jurisdiction or agency they work local agencies to buy essential protec- Huron Undercover Narcotics Team, to for. But so far, it appears that only tive gear, hire the officers they need exist and combat this problem that is about $800 million in Federal grants and obtain all the resources they need only growing more severe. have been provided for interoper- to make themselves and our commu- Congress also needs to provide assist- ability. Of this $800 million, we are not nities safe. ance to help regional law enforcement sure where the money all went to. In Congress can provide these resources officers and first responders talk to fact, how was it used? Was it used to through grants, especially through the each other in a time of emergency. It is buy radios? Were those radios able to Community Oriented Police Services, called interoperability. My bill, H.R. talk to each other? Was it to upgrade or COPS Program, as we know it. This 3370, the Public Safety Interoperability systems, or was it just to study the COPS Program was so successful that Act, would provide grants to local law problem? These are the questions we it helped to put 100,000 police officers enforcement agencies to modernize have asked on this floor of this House, on the street under President Clinton. their communications systems and be- because there is nothing more impor- It is critical that Congress continue to come interoperable. Interoperability of tant to anyone in law enforcement fully fund this program. an officer’s communications system than to be able to talk to each other to would allow different police agencies in tell the situation they are in and ask b 2200 different jurisdictions to communicate for assistance if they so need it. Unfortunately, the President’s budg- with each other in time of crisis. In fact, the independent 9/11 Commis- et, which we really just recently Currently, firefighters and law en- sion actually held hearings in part to passed, devastates the COPS program, forcement officials may not be able to examine the communication gaps that requesting only $117.8 million for this talk to each other, even if they work in actually occurred between law enforce- important program. That is $381.2 mil- the same jurisdiction. The tragic ment officers and public safety agen- lion below last year’s level. That is events of September 11 only illustrates cies and first responders during their more than almost a 200, 300 percent cut and highlights why it is so important response to the attack on the World in this program. The President’s budg- that our law enforcement officials are Trade Center. What the Commission et also zeroes out the Edward Byrne fully able to talk to each other via learned firsthand was that fire chiefs in Memorial Justice Assistance grant pro- interoperability. Mr. Speaker, 343 fire- the building lobbies, in the lobbies of gram that provides funding for 19 dif- fighters and 72 law enforcement offi- the World Trade Center, knew little of ferent programs for counterdrug initia- cers lost their lives in the World Trade the conditions upstairs, did not hear tives in rural communities for funding Center on September 11, and 121 of the anything about what police officers our jails, and 19 different programs to brave firefighters lost their lives due to and helicopters were seeing as they cir- allow local law enforcement to do what the fact that they were unable to talk cled the World Trade Center. Earlier, is necessary in their communities to to each other. No one could tell them Federal reports on the 9/11 emergency best serve and protect their people. to get out of the building. response concluded that the inability These grants are used to administer, as When our first responders are con- of these first responders to talk to each I said, vital programs such as multi-ju- fronted with an emergency situation, it other, these first responders from dif- risdictional drug enforcement teams, is absolutely necessary that they are ferent agencies to talk to one another anti-drug education programs, treat- able to communicate with each other was a key factor in the death, as I said ment programs, staffing our jails, run- so they can fully assess the situation earlier, of at least 121 firefighters. No ning investigative bureaus, and also all and how best to handle it. These are one could tell them it was time to get the way to alternative sentencing ini- the kinds of resources and tools our out of the buildings, as it may fall tiatives. first responders need. We need to do ev- upon them.

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By dedicating funds Blue Line are fully funded. rorism, yet our public safety agencies from the sale of the spectrum, we The Thin Blue Line is a nonprofit, continue to lack the ability to commu- would ensure that funding will be set volunteer organization that assists and nicate with each other, between agen- aside no matter what happens in the supports the families of injured or de- cies and between jurisdictions. Fire- annual appropriations process. ceased officers of law enforcement fighters cannot talk to police, local po- In a few weeks we expect a bill to agencies. Thin Blue Line began in lice cannot talk to State police, and so come out of our Committee on Energy Michigan and is now expanding on and so on. and Commerce for the sale of spectrum throughout this Nation. Thin Blue Despite the creation of the Depart- to move our televisions from the ana- Line volunteers assist families with ap- ment of Homeland Security and grant logue system to more of a high-defini- plying for benefits, counseling, and an- programs for first responders, program tion television, so we have to go to a swering their questions during the funding for modernizing their commu- different spectrum. That 800 megahertz most difficult of circumstances. These nications systems has fallen far short spectrum is to be set aside for law en- officers have made the ultimate sac- of the billions of dollars we need to forcement. But then, they need the re- rifice in the line of duty, and their fam- make our Nation’s public safety agen- sources, law enforcement needs the re- ilies deserve to be honored, respected, cies interoperable. As I said earlier, ap- sources to be able to put in the modern and supported in any way we can. proximately $800 million has been de- communications systems so they can I am hopeful that we can continue as voted to local public safety commu- all talk to each other. Whether you are a Nation, as a Congress, and as citizens nications systems but, then, in 2004, no in the upper or lower peninsula of of this great Nation to show our com- funding was provided at all. Again, Michigan, whether you are in Maryland mitment to law enforcement by sup- even in the 2005 appropriations bill, not or Washington, D.C., or Virginia, these porting important funding needs, in- one dime went specifically to grants of jurisdictions, these first responders in cluding showing our full support for interoperability. Why is it that we are these areas should be able to talk to the National Law Enforcement Officers always talking about the priority to each other. Memorial. It is the least we can do for make our communications system Today we had an evacuation of the those individuals who put their life on interoperable so we can talk to each Capitol building and the office build- the line each and every day. other, but we are not providing the re- ings here. I really wonder, could the Mr. Speaker, I want to dedicate this sources to get the job done? Capitol Police talk to the Metropolitan time to law enforcement officers and Another question: Congress has pro- Police? Could Metropolitan Police talk Law Enforcement Week. As I said, Sun- vided more than $4.4 billion in first re- to subway police, could they talk to day night, they will be putting the sponder grants and to the States, but it the Park Police, could they talk to the names of the officers who have fallen, appears no one knows how much of this emergency people, could they talk to 153 in the past year, plus 262 others grant money has been used for commu- the ambulance drivers, could they talk killed in prior years, on a Peace Offi- nications. I even asked my home State to the fire department. They all re- cers Memorial at the National Candle- of Michigan. They have received some sponded, but could they talk to each light Vigil at the National Memorial $120 million in the State formula De- other and communicate with each here in Washington, D.C., and I hope partment of Homeland Security grants, other to direct the resources, the man- during this next week while we are in but no one could tell me or my staff power, the personnel we needed at the and out of Washington, D.C., we take a how much has been spent on commu- right time if it would have been a seri- moment to reflect upon those individ- nications systems and communications ous attack or threat here in our Na- uals who provided so much to us, peo- systems that were interoperable. tion’s capital. I know in the Nation’s ple and individuals we often take for The bottom line is there is a lot of capital from previous testimony, they granted, our law enforcement officials talk around here about interoper- have spent over $300 million on inter- throughout this great Nation. ability, but no real reliable resources operability in the Washington, D.C. f to help make this happen so agencies area. I also know that it is not fully can talk to each other in times of dis- operational and not all jurisdictions LEAVE OF ABSENCE aster or, heaven help us, a terrorist at- talk to each other. So we have some By unanimous consent, leave of ab- tack. work to do. There is new technology sence was granted to: As I said earlier, I have a bill that out there now which will bring down Mr. MORAN of Virginia (at the re- would help address this urgent need, the cost of interoperability, but we quest of Ms. PELOSI) for today. and our bill, and it is a bipartisan bill, have to put forth the resources to bring Ms. WASSERMAN SCHULTZ (at the re- the Public Safety Interoperability Im- this together. quest of Ms. PELOSI) for today after plementation Act, sets up a public safe- It is clear, local agencies and the noon. ty communications trust fund in the States cannot afford to do this on their f U.S. Treasury to expeditiously move own. It is clear specific funding will our Nation’s public safety agencies not be set aside in our current appro- SPECIAL ORDERS GRANTED into the modern day state of commu- priations bill for this priority. It is By unanimous consent, permission to nications. In the short term, the trust time that we provide our first respond- address the House, following the legis- fund will be funded by a three-year ers with the tools they need to do the lative program and any special orders grant program funded through the tra- job the Federal Government has called heretofore entered, was granted to: ditional appropriations cycle providing upon them to do, especially now during (The following Members (at the re- up to $500 million a year in interoper- National Law Enforcement Week. quest of Mr. PALLONE) to revise and ex- ability grants. The key is it has to be Mr. Speaker, when we talk about it, tend their remarks and include extra- interoperability grants, to make your firefighters and law enforcement offi- neous material:) communications system in your juris- cials may not be able to communicate Mr. PASCREL, for 5 minutes, today. diction so everyone, first responders, with each other even if they work in Ms. WOOLSEY, for 5 minutes, today. firefighters, paramedics, police officers the same jurisdiction. As I said, the Mr. CUMMINGS, for 5 minutes, today. can all talk to each other. In the long tragic events of September 11 certainly Mr. EMANUEL, for 5 minutes, today. term, we provide a short-term and also indicated why this is so important. We Mr. PALLONE, for 5 minutes, today. a long-term solution; the funding for talk about the events of September 11 Mr. MCDERMOTT, for 5 minutes, the trust fund will come from the sales or the 150 some law enforcement offi- today.

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Mr. DAVIS of Illinois, for 5 minutes, cordance with title 10, United States Code, 1951. A letter from the General Counsel/ today. section 777; to the Committee on Armed FEMA, Department of Homeland Security, Mr. DEFAZIO, for 5 minutes, today. Services. transmitting the Department’s final rule — 1940. A letter from the Principal Deputy (The following Members (at the re- Final Flood Elevation Detemrinations — re- Under Secretary for Personnel and Readi- ceived April 28, 2005, pursuant to 5 U.S.C. quest of Mr. TIAHRT) to revise and ex- ness, Department of Defense, transmitting 801(a)(1)(A); to the Committee on Financial tend their remarks and include extra- authorization of Major General Claude R. Services. neous material:) Kehler, United States Air Force, to wear the 1952. A letter from the General Counsel/ Mr. POE, for 5 minutes, today. insignia of the grade of lieutenant general in FEMA, Department of Homeland Security, Mr. GUTKNECHT, for 5 minutes, May accordance with title 10, United States Code, transmitting the Department’s final rule — 18. section 777; to the Committee on Armed Suspension of Community Eligibility [Dock- Services. Mr. TIAHRT, for 5 minutes, today. et No. FEMA-7871] received April 28, 2005, 1941. A letter from the Principal Deputy pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. GARRETT of New Jersey, for 5 Under Secretary for Personnel and Readi- mittee on Financial Services. minutes, today. ness, Department of Defense, transmitting 1953. A letter from the Assistant General Mr. KING of Iowa, for 5 minutes, authorization of Rear Admiral Barry M. Cos- Counsel for Regulations, Department of today. tello, United States Navy, to wear the insig- Housing and Urban Development, transmit- Mr. FRANKS of Arizona, for 5 minutes, nia of the grade of vice admiral in accord- ting the Department’s final rule — Eligi- today. ance with title 10, United States Code, sec- bility of Adjustable Rate Mortgages [Docket tion 777; to the Committee on Armed Serv- Mr. JONES of North Carolina, for 5 No. FR-4946-I-01; HUD 2005-0004] (RIN: 2502- ices. minutes, May 16, 17 and 18. AI26) received April 7, 2005, pursuant to 5 1942. A letter from the Director, Pentagon U.S.C. 801(a)(1)(A); to the Committee on Fi- f Renovation & Construction Program Office, nancial Services. Department of Defense, transmitting the fif- 1954. A letter from the Deputy Executive ENROLLED BILL SIGNED teenth annual report on the Pentagon Ren- Director, Pension Benefit Guaranty Corpora- Mr. Trandahl, Clerk of the House, re- ovation Program, pursuant to 10 U.S.C. 2674; tion, transmitting the Corporation’s final ported and found truly enrolled a bill to the Committee on Armed Services. rule — Benefits Payable on Terminated Sin- 1943. A letter from the Deputy Secretary, gle-Employer Plans; Allocation of Assets in of the House of the following title, Department of Defense, transmitting the which was thereupon signed by the Single-Employer Plans; Interest Assumption semiannual report of the Inspector General for Valuing and Paying Benefits — received Speaker: for the period October 1, 2004 through March April 7, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 1268. An act making Emergency Sup- 31, 2005, pursuant to 5 U.S.C. app. (Insp. Gen. to the Committee on Education and the plemental Appropriations for Defense, the Act) section 5(b); to the Committee on Workforce. Global War on Terror, and Tsunami Relief, Armed Services. 1955. A letter from the Deputy Executive 1944. A letter from the Assistant to the for the fiscal year ending September 30, 2005, Director, Pension Benefit Guaranty Corpora- Board, Board of Governors of the Federal Re- and for other purposes. tion, transmitting the Corporation’s final serve System, transmitting the Board’s final rule — Electronic Filing — Annual Financial f rule — Risk-Based Capital Standards; Trust and Actuarial Information (RIN: 1212-AB01) Preferred Securities and the Definition of BILL PRESENTED TO THE received April 8, 2005, pursuant to 5 U.S.C. Capital [Regulations H and Y; Docket No. R- 801(a)(1)(A); to the Committee on Education PRESIDENT 1193] received March 28, 2005, pursuant to 5 and the Workforce. U.S.C. 801(a)(1)(A); to the Committee on Fi- Jeff Trandahl, Clerk of the House re- 1956. A letter from the Secretary, Depart- ports that on May 11, 2005 he presented nancial Services. 1945. A letter from the General Counsel/ ment of Energy, transmitting the fiftieth re- to the President of the United States, port outlining the status of Exxon and Strip- for his approval, the following bill. FEMA, Department of Homeland Security, transmitting the Department’s final rule — per Well Oil Overcharge Funds as of Sep- H.R. 1268. An act making Emergency Sup- Changes in Flood Elevation Determinations tember 30, 2004, satisfying the request set plemental Appropriations for Defense, the [Docket No. FEMA-D-7563] received February forth in the Conference Report accom- Global War on Terror, and Tsunami Relief, 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to panying the Department of Interior and Re- for the fiscal year ending September 30, 2005, the Committee on Financial Services. lated Agencies Appropriations Act of 1988 and for other purposes. 1946. A letter from the General Counsel/ (Public Law 100-202); to the Committee on Energy and Commerce. f FEMA, Department of Homeland Security, transmitting the Department’s final rule — 1957. A letter from the Chairman, Nuclear ADJOURNMENT Final Flood Elevation Determinations — re- Regulatory Commission, transmitting the ceived February 28, 2005, pursuant to 5 U.S.C. Commission’s report entitled, ‘‘Report to Mr. STUPAK. Mr. Speaker, I move 801(a)(1)(A); to the Committee on Financial Congress on Abnormal Occurrences: Fiscal that the House do now adjourn. Services. Year 2004,’’ pursuant to 42 U.S.C. 5848; to the The motion was agreed to; accord- 1947. A letter from the General Counsel/ Committee on Energy and Commerce. ingly (at 10 o’clock and 15 minutes FEMA, Department of Homeland Security, 1958. A letter from the Deputy Director, p.m.), the House adjourned until to- transmitting the Department’s final rule — Defense Security Cooperation Agency, trans- Changes in Flood Elevation Determinations mitting notification concerning the Depart- morrow, Thursday, May 12, 2005, at 10 ment of the Air Force’s Proposed Letter(s) of a.m. [Docket No. FEMA-P-7642] received April 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Offer and Acceptance (LOA) to Israel for de- f Committee on Financial Services. fense articles and services (Transmittal No. 1948. A letter from the General Counsel/ 05-10), pursuant to 22 U.S.C. 2776(b); to the EXECUTIVE COMMUNICATIONS, FEMA, Department of Homeland Security, Committee on International Relations. ETC. transmitting the Department’s final rule — 1959. A letter from the Acting Assistant Under clause 8 of rule XII, executive Final Flood Elevation Determinations — re- Secretary for Legislative Affairs, Depart- ment of State, transmitting a report on the communications were taken from the ceived April 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial activities of the United States Government Speaker’s table and referred as follows: Services. departments and agencies relating to the 1938. A letter from the Inspector General, 1949. A letter from the General Counsel/ prevention of nuclear proliferation between Department of Agriculture, transmitting the FEMA, Department of Homeland Security, January 1 and December 31, 2004, pursuant to Department’s investigative report of the transmitting the Department’s final rule — 22 U.S.C. 3281; to the Committee on Inter- Forest Service (FS) fatalities that occurred Suspension of Community Eligibility [Dock- national Relations. in the Cramer Fire in the Salmon-Challis Na- et No. FEMA-7873] received April 28, 2005, 1960. A letter from the Secretary, Depart- tional Forest in Idaho on July 22, 2003, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of the Treasury, transmitting as re- ant to Public Law 107–203; to the Committee mittee on Financial Services. quired by section 401(c) of the National on Agriculture. 1950. A letter from the General Counsel/ Emergencies Act, 50 U.S.C. 1641(c), and sec- 1939. A letter from the Principal Deputy FEMA, Department of Homeland Security, tion 204(c) of the International Emergency Under Secretary for Personnel and Readi- transmitting the Department’s final rule — Economic Powers Act, 50 U.S.C. 1703(c), and ness, Department of Defense, transmitting Changes in Flood Elevation Determinations pursuant to Executive Order 13313 of July 31, authorization of Rear Admiral Evan M. [Docket No. FEMA-B-7451] received April 28, 2003, a six-month periodic report on the na- Chanik, Jr., United States Navy, to wear the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional emergency with respect to significant insignia of the grade of vice admiral in ac- Committee on Financial Services. narcotics traffickers centered in Colombia

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9230 CONGRESSIONAL RECORD—HOUSE May 11, 2005 that was declared in Executive Order 12978 of and for other purposes; to the Committee on on Energy and Commerce, and in addition to October 21, 1995; to the Committee on Inter- Veterans’ Affairs, and in addition to the the Committee on Ways and Means, for a pe- national Relations. Committee on Armed Services, for a period riod to be subsequently determined by the 1961. A letter from the Chairman, Securi- to be subsequently determined by the Speak- Speaker, in each case for consideration of ties and Exchange Commission, transmitting er, in each case for consideration of such pro- such provisions as fall within the jurisdic- a copy of the annual report in compliance visions as fall within the jurisdiction of the tion of the committee concerned. with the Government in the Sunshine Act committee concerned. By Mr. DAVIS of Alabama (for himself, covering the calendar year 2004, pursuant to By Mr. PORTER: Mr. COLE of Oklahoma, Mr. BACHUS, 5 U.S.C. 552b(j); to the Committee on Govern- H.R. 2249. A bill to amend the Internal Rev- Mr. ROGERS of Alabama, and Mr. ment Reform. enue Code of 1986 to modify and make re- BONNER): 1962. A letter from the Director, Regu- fundable the credit for expenses for house- H.R. 2258. A bill to prevent a severe reduc- latory Management Division, Department of hold and dependent care services necessary tion in the Federal medical assistance per- Homeland Security, transmitting the De- for gainful employment; to the Committee centage determined for a State for fiscal partment’s final rule — Classification of Cer- on Ways and Means. year 2006; to the Committee on Energy and tain Scientists of the Commonwealth of By Mr. GREEN of Wisconsin: Commerce. Independent States of the Former Soviet H.R. 2250. A bill to require the Attorney By Mr. DINGELL (for himself, Ms. Union and the Baltic States as Employment General to investigate allegations of viola- PELOSI, Mr. HOYER, Mr. BERRY, Mr. Based Immigrants [CIS No. 2277-03; DHS-2004- tions of Federal criminal law regarding elec- ANDREWS, Mr. RANGEL, Mr. GEORGE 0013] (RIN: 1615-AB14) received April 27, 2005, tions not later than 30 days after receiving MILLER of California, Mr. BROWN of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the allegation, to amend the Help America Ohio, Mr. STARK, Mr. WAXMAN, Mr. mittee on the Judiciary. Vote Act of 2002 to establish standards for MARKEY, Mrs. CAPPS, Mr. DOYLE, Mr. 1963. A letter from the Assistant Attorney the distribution of voter registration appli- RUSH, Ms. SOLIS, Mr. DAVIS of Flor- General, Office of Legislative Affairs, De- cation forms and the handling of absentee ida, Mr. GENE GREEN of Texas, Ms. partment of Justice, transmitting the 2003 ballots, to require individuals to produce SCHAKOWSKY, Mr. TOWNS, Mr. STRICK- Annual Report of the Office of the Police photo identification as a condition of reg- LAND, Mr. PALLONE, Mr. ENGEL, Mr. Corps and Law Enforcement Education, pur- istering to vote or voting in elections for BOUCHER, Ms. ESHOO, Ms. DEGETTE, suant to Public Law 103–322, section 200113 of Federal office, and for other purposes; to the Ms. MCCOLLUM of Minnesota, Mr. Title XX; to the Committee on the Judici- Committee on House Administration, and in TIERNEY, Mr. OWENS, Mrs. MCCARTHY, ary. addition to the Committee on the Judiciary, Mr. HOLT, Mr. KILDEE, Mr. GRIJALVA, 1964. A letter from the Deputy Assistant for a period to be subsequently determined Ms. WOOLSEY, Mrs. DAVIS of Cali- Attorney General, Department of Justice, by the Speaker, in each case for consider- fornia, Mr. NADLER, Mr. VAN HOLLEN, transmitting the Department’s final rule — ation of such provisions as fall within the ju- Mr. MCNULTY, Mr. CUMMINGS, Mr. Preservation of Biological Evidence Under 18 risdiction of the committee concerned. SCHIFF, Mr. HINCHEY, Ms. ROYBAL- U.S.C. 3600A [Docket No. OAG 109; A.G. Order By Mr. REYNOLDS (for himself, Mr. ALLARD, Mr. HONDA, Mr. ABER- 2762-2005] (RIN: 1105-AB10) received April 28, POMEROY, Mr. SHAW, Mrs. JOHNSON of CROMBIE, Mr. FARR, Mr. WEXLER, Mr. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Connecticut, Mr. HERGER, Mr. BRADY of Pennsylvania, Mr. Committee on the Judiciary. MCCRERY, Mr. CAMP, Mr. RAMSTAD, MCDERMOTT, Mr. MCGOVERN, Mr. 1965. A letter from the General Counsel, Of- Mr. NUSSLE, Mr. SAM JOHNSON of MOORE of Kansas, Mr. DICKS, Mr. fice of Justice Programs, Department of Jus- Texas, Mr. ENGLISH of Pennsylvania, CLAY, Mr. KUCINICH, and Mr. HAS- tice, transmitting the Department’s final Mr. HAYWORTH, Mr. WELLER, Mr. TINGS of Florida): rule — Government-Wide Debarment and HULSHOF, Mr. LEWIS of Kentucky, Mr. H.R. 2259. A bill to amend the Public Suspension (Nonprocurement) and Govern- FOLEY, Mr. BRADY of Texas, Mr. RYAN Health Service Act, the Employee Retire- ment-Wide Requirements for Drug-Free of Wisconsin, Mr. LINDER, Mr. ment Income Security Act of 1974, and the Workplace Grants [Docket No. OJP(OJP)- BEAUPREZ, Ms. HART, Mr. CHOCOLA, Internal Revenue Code of 1986 to protect con- 1306; AG Order No. 2759-2005] (RIN: 1121-AA57) Mr. CARDIN, Mr. NEAL of Massachu- sumers in managed care plans and other received March 22, 2005, pursuant to 5 U.S.C. setts, Mr. MCNULTY, Mr. JEFFERSON, health coverage; to the Committee on En- 801(a)(1)(A); to the Committee on the Judici- Mr. TANNER, Mr. THOMPSON of Cali- ergy and Commerce, and in addition to the ary. fornia, Mr. LARSON of Connecticut, Committees on Education and the Work- 1966. A letter from the Chief Financial Offi- Mr. TERRY, Mr. CULBERSON, Mr. force, and Ways and Means, for a period to be cer, Paralyzed Veterans of America, trans- GALLEGLY, Mr. DENT, and Mr. PUT- subsequently determined by the Speaker, in mitting a copy of the annual audit report of NAM): each case for consideration of such provi- the Paralyzed Veterans of America for the H.R. 2251. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the fiscal year 2004, pursuant to 36 U.S.C. 1166; to enue Code of 1986 to exclude from gross in- committee concerned. the Committee on the Judiciary. come the proceeds from certain company- By Mr. ENGLISH of Pennsylvania: H.R. 2260. A bill to suspend temporarily the f owned life insurance; to the Committee on Ways and Means. duty on certain adsorbent resins; to the PUBLIC BILLS AND RESOLUTIONS By Ms. CORRINE BROWN of Florida: Committee on Ways and Means. By Mr. ENGLISH of Pennsylvania: Under clause 2 of rule XII, public H.R. 2252. A bill to suspend temporarily the duty on Permethrin; to the Committee on H.R. 2261. A bill to extend the suspension of bills and resolutions were introduced Ways and Means. duty on a certain ion exchange resin; to the and severally referred, as follows: By Ms. CORRINE BROWN of Florida: Committee on Ways and Means. By Mr. ENGLISH of Pennsylvania: By Mr. EVANS (for himself, Mr. DIN- H.R. 2253. A bill to suspend temporarily the H.R. 2262. A bill to extend the suspension of GELL, Mr. FILNER, Mr. GUTIERREZ, duty on Cyazofamid; to the Committee on duty on a certain ion exchange resin; to the Ms. CORRINE BROWN of Florida, Ms. Ways and Means. Committee on Ways and Means. HERSETH, Mr. STRICKLAND, Ms. By Ms. CORRINE BROWN of Florida: By Mr. ENGLISH of Pennsylvania: HOOLEY, Mr. REYES, Mr. UDALL of H.R. 2254. A bill to suspend temporarily the H.R. 2263. A bill to extend the suspension of New Mexico, Mr. SHERMAN, Mr. PAL- duty on Cypermethrin; to the Committee on duty on 10’10’ Oxybisphenoxarsine; to the LONE, Ms. CARSON, Mr. SCHIFF, Mr. Ways and Means. Committee on Ways and Means. HOLT, Mr. DAVIS of Florida, Mrs. By Ms. CORRINE BROWN of Florida: By Mr. ENGLISH of Pennsylvania: MALONEY, Mr. SERRANO, Mrs. JONES H.R. 2255. A bill to suspend temporarily the H.R. 2264. A bill to extend the suspension of of Ohio, Mr. HIGGINS, Mr. GRIJALVA, duty on on Flonicamid; to the Committee on duty on Copper 8-quinolinolate; to the Com- Mr. MORAN of Virginia, and Mr. CON- Ways and Means. mittee on Ways and Means. YERS): By Ms. CORRINE BROWN of Florida: By Mr. ENGLISH of Pennsylvania: H.R. 2248. A bill to amend title 38, United H.R. 2256. A bill to suspend temporarily the H.R. 2265. A bill to extend the suspension of States Code, to improve benefits under the duty on Zeta-Cypermethrin; to the Com- duty on a certain ion exchange resin; to the Montgomery GI Bill by establishing an en- mittee on Ways and Means. Committee on Ways and Means. hanced educational assistance program, by By Mr. BURGESS (for himself, Ms. By Mr. ENGLISH of Pennsylvania: increasing the amount of basic educational BERKLEY, and Mr. SAM JOHNSON of H.R. 2266. A bill to extend the suspension of assistance, by repealing the requirement for Texas): duty on a certain ion exchange resin; to the reduction in pay for participation in the pro- H.R. 2257. A bill to amend title XVIII of the Committee on Ways and Means. gram, by eliminating the time limitation for Social Security Act to expand coverage of By Mr. ENGLISH of Pennsylvania: use of benefits under the program, by ex- bone mass measurements under part B of the H.R. 2267. A bill to suspend temporarily the panding the opportunities to transfer edu- Medicare Program to all individuals at clin- duty on a certain ion exchange resin powder; cational assistance benefits to dependents, ical risk for osteoporosis; to the Committee to the Committee on Ways and Means.

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By Mr. ENGLISH of Pennsylvania: dren’s products; to the Committee on Ways DEE, Mr. NADLER, Mr. BROWN of Ohio, H.R. 2268. A bill to suspend temporarily the and Means. Mr. CONYERS, Mr. CLAY, Mr. WEXLER, duty on a certain ion exchange resin powder; By Ms. HARMAN: Mr. BUTTERFIELD, Mr. PALLONE, Mr. to the Committee on Ways and Means. H.R. 2287. A bill to extend the temporary CHANDLER, Mrs. MCCARTHY, Mr. By Mr. ENGLISH of Pennsylvania: suspension of duty on certain children’s MCNULTY, Mr. PAYNE, Mr. BISHOP of H.R. 2269. A bill to extend the temporary products; to the Committee on Ways and New York, Mr. ROSS, Mr. JEFFERSON, suspension of duty on helium; to the Com- Means. Mr. MCGOVERN, Mr. SANDERS, Mr. mittee on Ways and Means. By Ms. HARMAN: TOWNS, Ms. DEGETTE, Mr. WU, Mr. By Mr. ENGLISH of Pennsylvania: H.R. 2288. A bill to suspend temporarily the RANGEL, Mr. NEAL of Massachusetts, H.R. 2270. A bill to suspend temporarily the duty on certain cases for toys; to the Com- Ms. LINDA T. SA´ NCHEZ of California, duty on Desmodur E 14; to the Committee on mittee on Ways and Means. Mr. MOORE of Kansas, Mr. RUPPERS- Ways and Means. By Ms. HARMAN: BERGER, Mr. SNYDER, Mr. WYNN, and By Mr. ENGLISH of Pennsylvania: H.R. 2289. A bill to suspend temporarily the Mr. BOUCHER): H.R. 2271. A bill to suspend temporarily the duty on certain cases for toys; to the Com- H.R. 2292. A bill to provide for public li- duty on Desmodur IL; to the Committee on mittee on Ways and Means. brary construction and modernization; to Ways and Means. By Mr. HENSARLING (for himself, Mr. the Committee on Education and the Work- By Mr. ENGLISH of Pennsylvania: RYAN of Wisconsin, Mr. CHOCOLA, Mr. force. H.R. 2272. A bill to suspend temporarily the COX, Mr. AKIN, Mr. BARRETT of South By Mr. HOSTETTLER (for himself and duty on Desmodur HL; to the Committee on Carolina, Mr. BARTLETT of Maryland, Mr. HUNTER): Ways and Means. Mr. BEAUPREZ, Mr. BISHOP of Utah, H.R. 2293. A bill to provide special immi- By Mr. ENGLISH of Pennsylvania: Mrs. BLACKBURN, Mr. BRADY of Texas, grant status for aliens serving as translators H.R. 2273. A bill to suspend temporarily the Mr. BURGESS, Mr. BURTON of Indiana, with the United States Armed Forces; to the duty on Desmodur VP LS 2253; to the Com- Mr. CANNON, Mr. CARTER, Mr. Committee on the Judiciary. mittee on Ways and Means. CHABOT, Mr. COLE of Oklahoma, Mrs. By Mrs. JOHNSON of Connecticut (for By Mr. ENGLISH of Pennsylvania: CUBIN, Mr. MARIO DIAZ-BALART of herself and Ms. FOXX): H.R. 2274. A bill to suspend temporarily the Florida, Mr. ENGLISH of Pennsyl- H.R. 2294. A bill to amend the Communica- duty on Desmodur R-E; to the Committee on vania, Mr. FEENEY, Mr. FLAKE, Ms. tions Act of 1934 to prohibit the use of Ways and Means. FOXX, Mr. FRANKS of Arizona, Mr. autodialers for purposes of political solicita- By Mr. ENGLISH of Pennsylvania: GARRETT of New Jersey, Mr. tions, and for other purposes; to the Com- H.R. 2275. A bill to suspend temporarily the GINGREY, Mr. GOHMERT, Mr. GOODE, mittee on Energy and Commerce. duty on Walocel MW 3000 PFV; to the Com- Mr. GUTKNECHT, Ms. HART, Mr. HER- By Mr. JONES of North Carolina: mittee on Ways and Means. GER, Mr. HOEKSTRA, Mr. HOSTETTLER, H.R. 2295. A bill to prohibit a State from By Mr. ENGLISH of Pennsylvania: Mr. JINDAL, Mr. SAM JOHNSON of receiving Federal education funds unless the H.R. 2276. A bill to suspend temporarily the Texas, Mr. JONES of North Carolina, State has certain policies and procedures re- duty on TSME; to the Committee on Ways Mr. KING of Iowa, Mr. KLINE, Mr. garding the purchase or acquisition of li- and Means. MACK, Mr. MCHENRY, Mr. MILLER of brary and classroom-based reference, in- By Mr. ENGLISH of Pennsylvania: Florida, Mrs. MUSGRAVE, Mrs. structional, and other print materials for use H.R. 2277. A bill to suspend temporarily the MYRICK, Mr. NEUGEBAUER, Mr. NOR- in elementary schools, and for other pur- duty on Walocel VP-M 20660; to the Com- WOOD, Mr. OTTER, Mr. PENCE, Mr. poses; to the Committee on Education and mittee on Ways and Means. RADANOVICH, Mr. ROHRABACHER, Mr. the Workforce. By Mr. ENGLISH of Pennsylvania: ROYCE, Mr. RYUN of Kansas, Mr. SES- By Mrs. LOWEY: H.R. 2278. A bill to suspend temporarily the SIONS, Mr. SHADEGG, Mr. SOUDER, Mr. H.R. 2296. A bill to amend the Internal Rev- duty on Citral; to the Committee on Ways TANCREDO, Mr. TURNER, Mr. WEST- enue Code of 1986 to protect the financial and Means. MORELAND, Mr. HAYWORTH, and Mr. stability of activated members of the Ready- By Mr. ENGLISH of Pennsylvania: BACHUS): Reserve and National Guard while serving H.R. 2279. A bill to suspend temporarily the H.R. 2290. A bill to reform Federal budget abroad; to the Committee on Ways and duty on XAMA 2; to the Committee on Ways procedures, to impose spending safeguards, Means. and Means. to combat waste, fraud, and abuse, to ac- By Ms. MCKINNEY: By Mr. ENGLISH of Pennsylvania: count for accurate Government agency costs, H.R. 2297. A bill to establish the Arabia H.R. 2280. A bill to suspend temporarily the and for other purposes; to the Committee on Mountain National Heritage Area, and for duty on XAMA 7; to the Committee on Ways the Budget, and in addition to the Commit- other purposes; to the Committee on Re- and Means. tees on Rules, Ways and Means, Appropria- sources. By Mr. ENGLISH of Pennsylvania: tions, and Government Reform, for a period By Mr. GEORGE MILLER of California H.R. 2281. A bill to suspend temporarily the to be subsequently determined by the Speak- (for himself, Mr. OWENS, Ms. WOOL- duty on 2-Ethylhexyl 4-methoxycinnamate; er, in each case for consideration of such pro- SEY, Mr. WAXMAN, Mr. HOLT, Mr. to the Committee on Ways and Means. visions as fall within the jurisdiction of the LYNCH, Mr. GRIJALVA, Mr. MICHAUD, By Mr. ENGLISH of Pennsylvania: committee concerned. Mr. VAN HOLLEN, Mr. KILDEE, Ms. H.R. 2282. A bill to suspend temporarily the By Ms. HERSETH (for herself, Mr. JEF- DELAURO, Mr. MCGOVERN, Mr. DAVIS duty on 4-Methoxybenzaldehyde; to the Com- FERSON, Mr. SNYDER, Ms. BERKLEY, of Illinois, Mr. EVANS, Ms. MCCOLLUM mittee on Ways and Means. Mr. HIGGINS, Mr. NADLER, Mr. BOU- of Minnesota, Mr. KUCINICH, Mr. By Mr. FERGUSON: CHER, Mr. MOORE of Kansas, Mr. BROWN of Ohio, Mr. PAYNE, Ms. WAT- H.R. 2283. A bill to provide for the exten- ISRAEL, Mr. LEWIS of Georgia, Mr. SON, Mr. WEINER, Mr. BERMAN, Mr. sion of the New Jersey Coastal Heritage BAIRD, Mr. ROSS, Mr. GENE GREEN of ABERCROMBIE, Mr. MCDERMOTT, Mr. Trail into the Township of Woodbridge, New Texas, Mr. HONDA, Mr. BERRY, Mr. STARK, and Mr. TIERNEY): Jersey; to the Committee on Resources. BOSWELL, Mr. CLAY, Mr. GONZALEZ, H.R. 2298. A bill to provide for labor re- By Mr. FLAKE: Ms. KAPTUR, Mr. REYES, Mr. RUP- cruiter accountability, and for other pur- H.R. 2284. A bill to empower States with PERSBERGER, Mr. HINOJOSA, Mr. poses; to the Committee on Education and authority for most taxing and spending for DAVIS of Alabama, Mr. THOMPSON of the Workforce. highway programs and mass transit pro- California, Mr. CROWLEY, Mr. MEEKS By Mr. PALLONE: grams, and for other purposes; to the Com- of New York, and Mr. BISHOP of New H.R. 2299. A bill to amend the Federal mittee on Transportation and Infrastruc- York): Food, Drug, and Cosmetic Act to establish ture, and in addition to the Committee on H.R. 2291. A bill to amend the Internal Rev- therapeutic equivalence requirements for ge- Ways and Means, for a period to be subse- enue Code of 1986 to allow a business credit neric drugs, and for other purposes; to the quently determined by the Speaker, in each for qualified expenditures for medical profes- Committee on Energy and Commerce. case for consideration of such provisions as sional malpractice insurance; to the Com- By Mr. RAHALL: fall within the jurisdiction of the committee mittee on Ways and Means, and in addition H.R. 2300. A bill to amend title 38, United concerned. to the Committee on Energy and Commerce, States Code, to extend eligibility for pension By Ms. HARMAN: for a period to be subsequently determined benefits under laws administered by the Sec- H.R. 2285. A bill to extend the temporary by the Speaker, in each case for consider- retary of Veterans Affairs to veterans who suspension of duty on certain bags for toys; ation of such provisions as fall within the ju- served during certain periods of time in spec- to the Committee on Ways and Means. risdiction of the committee concerned. ified locations; to the Committee on Vet- By Ms. HARMAN: By Mr. HINCHEY (for himself, Mr. erans’ Affairs. H.R. 2286. A bill to extend the temporary OWENS, Mr. ENGEL, Mr. LYNCH, Mr. By Mr. RAHALL (for himself, Mr. suspension of duty on cases for certain chil- CROWLEY, Mr. MCDERMOTT, Mr. KIL- BROWN of Ohio, and Mr. SANDERS):

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9232 CONGRESSIONAL RECORD—HOUSE May 11, 2005 H.R. 2301. A bill to amend title 38, United By Mr. WILSON of South Carolina: ADDITIONAL SPONSORS States Code, to extend eligibility for pension H.R. 2314. A bill to extend the suspension of Under clause 7 of rule XII, sponsors benefits under laws administered by the Sec- duty on reduced vat blue 43; to the Com- retary of Veterans Affairs to veterans who mittee on Ways and Means. were added to public bills and resolu- received an expeditionary medal during a pe- By Mr. WILSON of South Carolina: tions as follows: riod of military service other than a period H.R. 2315. A bill to extend the suspension of H.R. 13: Mr. THOMPSON of California, Mr. of war; to the Committee on Veterans’ Af- duty on sulfur black 1; to the Committee on WHITFIELD, and Mr. MURPHY. fairs. Ways and Means. H.R. 21: Mr. WYNN, Mr. FRANKS of Arizona, By Mr. RAMSTAD: By Mr. WILSON of South Carolina: Mr. GIBBONS, Ms. ESHOO, Mr. WU, Mrs. CUBIN, H.R. 2302. A bill to extend the suspension of H.R. 2316. A bill to suspend temporarily the Ms. CORRINE BROWN of Florida, Mr. HONDA, duty on certain 12-volt batteries; to the Mr. DOGGETT, Mr. Higgins, and Mr. LIPINSKI. Committee on Ways and Means. duty on Diresul Brown GN Liquid Crude; to the Committee on Ways and Means. H.R. 22: Mr. BILIRAKIS and Mr. DOYLE. By Mr. RAMSTAD: H.R. 65: Mr. LANGEVIN. H.R. 2303. A bill to extend the suspension of By Mr. WILSON of South Carolina (for H.R. 72: Mr. NEUGEBAUER and Mr. BOU- duty on certain light absorbing photo dyes; himself, Ms. ROS-LEHTINEN, Mr. CAN- STANY. to the Committee on Ways and Means. TOR, Mr. PENCE, Mr. ACKERMAN, Mr. H.R. 94: Mr. TURNER. By Mr. SNYDER: GENE GREEN of Texas, Mr. HASTINGS H.R. 97: Mr. SCHWARZ of Michigan and Mr. H.R. 2304. A bill to provide for the payment of Florida, and Mr. LANTOS): MCCOTTER. of certain annuities under section 376 of title H. Con. Res. 149. Concurrent resolution rec- H.R. 98: Mrs. NAPOLITANO. 28, United States Code, and for other pur- ognizing the 57th anniversary of the inde- H.R. 111: Mr. SHAYS, Mr. TANNER, Ms. ROY- poses; to the Committee on the Judiciary. pendence of the State of Israel; to the Com- BAL-ALLARD, Ms. WATSON, Mrs. CHRISTENSEN, By Mr. STRICKLAND: mittee on International Relations. Mr. WYNN, Ms. JACKSON-LEE of Texas, Mr. H.R. 2305. A bill to ensure that the incar- By Mr. FERGUSON: SALAZAR, Mr. BARRETT of South Carolina, ceration of inmates is not provided by pri- H. Con. Res. 150. Concurrent resolution ex- vate contractors or vendors and that persons Mr. MEEK of Florida, Ms. BERKLEY, and Mr. pressing the sense of the Congress that a NADLER. charged or convicted of an offense against commemorative postage stamp should be the United States shall be housed in facili- H.R. 136: Mr. PRICE of Georgia. issued in honor of the USS New Jersey and H.R. 239: Mr. BISHOP of Utah and Mr. MAN- ties managed and maintained by Federal, all those who served aboard her; to the Com- State, or local governments; to the Com- ZULLO. mittee on Government Reform. H.R. 303: Mr. CARTER, Mr. HOLT, Mr. RYAN mittee on the Judiciary. By Mr. EDWARDS: By Mr. STRICKLAND (for himself, Mr. of Ohio, and Mr. MCINTYRE. H. Res. 271. A resolution providing for con- H.R. 305: Mr. WALDEN of Oregon, Mr. DINGELL, Mr. CASE, Mr. GUTIERREZ, sideration of the bill (H.R. 808) to amend GINGREY, and Mr. FERGUSON. Mr. FILNER, Mr. BISHOP of Georgia, title 10, United States Code, to repeal the H.R. 378: Mr. LEWIS of Georgia. Ms. BORDALLO, Mr. CARDOZA, Mr. offset from surviving spouse annuities under H.R. 389: Mr. MURPHY. TOWNS, Mr. SALAZAR, Mr. BROWN of the military Survivor Benefit Plan for H.R. 438: Ms. MATSUI and Mr. HONDA. Ohio, Mrs. CHRISTENSEN, Ms. JACK- amounts paid by the Secretary of Veterans H.R. 500: Mr. BISHOP of Utah. SON-LEE of Texas, Mr. HOLDEN, Mr. Affairs as dependency and indemnity com- H.R. 530: Mr. FRANKs of Arizona. WYNN, Mr. SHERMAN, Mr. HONDA, Ms. pensation; to the Committee on Rules. H.R. 550: Mr. KANJORSKI. HERSETH, and Mr. RUPPERSBERGER): H.R. 665: Mr. BERMAN, Mr. CARDOZA, and H.R. 2306. A bill to amend title 38, United By Ms. JACKSON-LEE of Texas (for Mr. FILNER. States Code, to improve programs of the De- herself, Mr. BURTON of Indiana, Mr. H.R. 669: Ms. MILLENDER-MCDONALD, Mr. partment of Veterans Affairs for outreach to LANTOS, Ms. BERKLEY, Mrs. JONES of CHANDLER, and Mr. ROGERS of Kentucky. veterans and their family members, and for Ohio, Mr. CLYBURN, Mr. SHIMKUS, Mr. H.R. 670: Ms. HARRIS and Ms. MCCOLLUM of other purposes; to the Committee on Vet- WELDON of Florida, Mr. BARTON of Minnesota. erans’ Affairs. Texas, Ms. NORTON, Mr. HASTINGS of H.R. 691: Mr. UDALL of Colorado, Mr. By Mr. UDALL of New Mexico: Florida, Mr. CROWLEY, Mr. WILSON of H.R. 2307. A bill to amend the Internal Rev- South Carolina, Ms. LEE, Mr. AL TIBERI, Mr. STUPAK, and Mr. HASTINGS of enue Code of 1986 to treat certain payments GREEN of Texas, Mr. WYNN, Mr. Washington. made to the European Union in lieu of in- BISHOP of Georgia, Mr. MEEKS of New H.R. 713: Mr. SCOTT of Georgia. come taxes to a member of the European York, Mr. VAN HOLLEN, Mr. DAVIS of H.R. 799: Mr. LIPINSKI. Union as income taxes paid to a foreign Illinois, Mr. STUPAK, Ms. WOOLSEY, H.R. 810: Mr. OBEY. H.R. 819: Mr. BOEHLERT. country for purposes of the foreign tax cred- Mr. JEFFERSON, Mr. LEWIS of Georgia, H.R. 896: Mr. CAMP, Mr. COOPER, Mr. PAL- it; to the Committee on Ways and Means. Mr. RANGEL, Mr. SERRANO, and Mr. LONE, and Mr. BARTLETT of Maryland. By Mr. WELDON of Florida (for him- PAYNE): H.R. 897: Mr. KING of New York. self and Mr. DOYLE): H. Res. 272. A resolution recognizing the H.R. 2308. A bill to amend the Public historic steps India and Pakistan have taken H.R. 909: Mr. GONZALEZ. H.R. 930: Mr. BOYD, Mr. KUHL of New York, Health Service Act to provide for clinical re- toward achieving bilateral peace; to the and Mr. MCHUGH. search support grants, clinical research in- Committee on International Relations. H.R. 939: Mr. CLEAVER, Mr. DAVIS of Ala- frastructure grants, and a demonstration By Mr. MCCOTTER (for himself, Ms. bama, and Mr. KILDEE. program on partnerships in clinical research, ROS-LEHTINEN, Mr. ENGEL, Mr. COX, H.R. 947: Mr. CANNON and Mr. ROGERS of and for other purposes; to the Committee on Mr. BURTON of Indiana, and Mr. Kentucky. Energy and Commerce. SCHWARZ of Michigan): H.R. 963: Mr. FARR. By Mr. WILSON of South Carolina: H. Res. 273. A resolution urging the with- H.R. 2309. A bill to suspend temporarily the H.R. 970: Ms. SLAUGHTER. drawal of all Syrian forces from Lebanon, H.R. 983: Ms. ZOE LOFGREN of California. duty on Aniline 2.5 Di-sulphonic Acid; to the support for free and fair democratic elec- Committee on Ways and Means. H.R. 1108: Mr. GENE GREEN of Texas, Ms. tions in Lebanon, and the development of KAPTUR, Mr. STRICKLAND, Mr. BERMAN, Mr. By Mr. WILSON of South Carolina: democratic institutions and safeguards to H.R. 2310. A bill to suspend temporarily the MCCOTTER, Mr. GOODE, and Mr. WEINER. foster sovereign democratic rule in Lebanon; duty on 1,4-Benzenedicarboxylic Acid, Poly- H.R. 1126: Mr. MILLER of North Carolina, to the Committee on International Rela- mer With N,N-Bis(2-Aminoethyl)-1,2- Mrs. CAPPS, Ms. ROYBAL-ALLARD, and Mrs. tions. Ethanediamine, Cyclized, Me Sulfates; to the KELLY. By Ms. LINDA T. SA´ NCHEZ of Cali- Committee on Ways and Means. H.R. 1131: Mr. SAXTON, Mr. KENNEDY of fornia (for herself, Ms. SOLIS, Mrs. By Mr. WILSON of South Carolina: Minnesota, and Mr. TURNER. H.R. 2311. A bill to extend the temporary NAPOLITANO, Mr. GRIJALVA, Ms. LO- H.R. 1132: Mr. WEXLER, Ms. DELAURO, Ms. suspension of duty on certain high-perform- RETTA SANCHEZ of California, Mr. JACKSON-LEE of Texas, and Mr. ROGERS of ance loudspeakers; to the Committee on BECERRA, Ms. ROYBAL-ALLARD, Ms. Michigan. Ways and Means. HARMAN, Mr. BACA, Mr. SHERMAN, Ms. H.R. 1146: Mr. MILLER of Florida, and Ms. By Mr. WILSON of South Carolina: WATSON, Mr. BERMAN, Mr. HONDA, FOXX. H.R. 2312. A bill to extend the temporary Mr. WAXMAN, Ms. ZOE LOFGREN of H.R. 1198: Mr. REYES. suspension of duty on certain R-core trans- California, Mr. FILNER, and Mrs. H.R. 1217: Mr. SHAYS. formers; to the Committee on Ways and CAPPS): H.R. 1219: Mr. SULLIVAN. Means. H. Res. 274. A resolution recognizing H.R. 1227: Mr. UDALL of New Mexico, Mr. By Mr. WILSON of South Carolina: Miguel Contreras, on the occasion of his LAHOOD, Mr. DEFAZIO, Mr. MOORE of Kansas, H.R. 2313. A bill to suspend temporarily the death, for his tireless work on behalf of im- and Ms. ROYBAL-ALLARD. duty on Sulfur Blue 7; to the Committee on migrants and working people; to the Com- H.R. 1241: Mr. SCHWARZ of Michigan and Ways and Means. mittee on Government Reform. Mr. CHOCOLA.

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H.R. 1298: Mr. REYES, Mr. PAYNE, Ms. H.R. 1592: Mr. ROGERS of Michigan. H. Con. Res. 144: Mr. KIRK, Mr. GERLACH, MCKINNEY, and Mrs. MCCARTHY. H.R. 1607: Miss MCMORRIS and Mr. Mr. NEUGEBAUER, Mr. GRAVES, and Mr. ROG- H.R. 1322: Mr. FRANK of Massachusetts, Mr. HAYWORTH. ERS of Michigan. HOLDEN, Mr. DEFAZIO, Mr. WEXLER, Mrs. H.R. 1645: Mr. FATTAH and Mr. WELDON of H. Con. Res. 145: Mr. GUTIERREZ, Mr. BOEH- MCCARTHY, Mr. KUCINICH, Mr. HASTINGS of Pennsylvania. LERT, Mr. NEAL of Massachusetts, Mr. KIL- Florida, and Mr. WEINER. H.R. 1658: Mr. PRICE of Georgia. DEE, Mr. DEFAZIO, Mr. GRIJALVA, Ms. WOOL- H.R. 1329: Mr. BLUMENAUER, Mr. GEORGE H.R. 1671: Mr. SKELTON. SEY, Mr. MORAN of Virginia, Mr. HONDA, Ms. MILLER of California, and Mr. DEFAZIO. H.R. 1672: Ms. SCHAKOWSKY. LEE, Mr. CHANDLER, Mr. CASE, and Mr. H.R. 1337: Mr. NUNES, Mr. HAYWORTH, Mrs. H.R. 1678: Mr. GREEN of Wisconsin. MICHAUD. WILSON of New Mexico, and Mr. CAMP. H.R. 1696: Mr. DAVIS of Florida, and Mr. H. Res. 67: Mr. MCGOVERN, Mr. TOWNS, and H.R. 1353: Ms. NORTON. OBEY. Mr. BLUMENAUER. H.R. 1366: Mr. EDWARDS. H.R. 1714: Mr. HALL. H.R. 1440: Ms. ZOE LOFGREN of California. H.R. 1737: Mr. DELAHUNT, Ms. SCHAKOWSKY, H. Res. 155: Mr. SANDERS. H.R. 1448: Mr. EHLERS, Ms. KILPATRICK of and Ms. ROS-LEHTINEN. H. Res. 175: Mr. MENENDEZ. Michigan, Mr. MCCOTTER, Mr. DINGELL, Mr. H.R. 1797: Mr. INSLEE. H. Res. 199: Mr. MARKEY, Mr. MCINTYRE, KILDEE, Mr. LEVIN, Mr. UPTON, Mr. CONYERS, H.R. 1821: Mr. FORBES. Mr. TANCREDO, Ms. WATSON, and Ms. EDDIE Mr. HOEKSTRA, Mr. ROGERS of Michigan, and H.R. 1861: Ms. SCHAKOWSKY. BERNICE JOHNSON of Texas. NOLLENBERG Mr. K . H.R. 1879: Mr. ENGLISH of Pennsylvania. H.R. 1474: Mr. CONYERS. H. Res. 220: Mr. HOLDEN, Mr. PASCRELL, Mr. H.R. 1954: Mr. UPTON, Mr. CUMMINGS, Mr. H.R. 1492: Mr. SCHIFF, Mr. YOUNG of Alas- REYES, Mr. BAKER, Mr. POE, and Mr. TOWNS, and Mr. WOLF. ka, and Ms. HERSETH. MCDERMOTT. H.R. 1956: Mr. GALLEGLY and Mr. CARTER. H.R. 1493: Mr. PORTER. H. Res. 243: Mr. SOUDER, Mr. BONNER, Mrs. H.R. 1973: Mrs. NAPOLITANO, Mr. CROWLEY, H.R. 1498: Mr. ROGERS of Kentucky, Mr. MILLER of Michigan, Mr. GRIJALVA, Ms. Mr. FRANK of Massachusetts, Mrs. CHRIS- JACKSON of Illinois, Mr. KUHL of New York, BORDALLO, Mr. HASTINGS of Florida, Mr. TENSEN, Mr. BURTON of Indiana, Mr. WAXMAN, Mr. ABERCROMBIE, Mr. SODREL, and Mr. MCINTYRE, Mr. ISRAEL, Mr. INSLEE, Mr. BUR- and Mr. PAYNE. SAXTON. TON of Indiana, Mr. ROGERS of Kentucky, and H.R. 1994: Mr. SANDERS, Ms. EDDIE BERNICE H.R. 1499: Mr. SOUDER. Mr. UPTON. H.R. 1505: Mr. BARROW and Mr. BAKER. JOHNSON of Texas, and Mr. HASTINGS of Flor- H. Res. 252: Mr. HOSTETTLER. H.R. 1522: Mr. RANGEL, Mr. MCDERMOTT, ida. and Mr. LANTOS. H.R. 2000: Ms. ESHOO. H. Res. 266: Mr. DREIER, Mr. KING of New H.R. 1553: Mr. JINDAL and Mr. CARDOZA. H.R. 2047: Mr. FRANKS of Arizona. York, Mr. SKELTON, Mr. VAN HOLLEN, Mrs. H.R. 1566: Mrs. BLACKBURN. H.R. 2074: Mr. CASE. CHRISTENSEN, Ms. KAPTUR, Mr. SHIMKUS, Mr. H.R. 1585: Mr. HOLDEN, Mr. GREEN of Wis- H.R. 2089: Mr. GERLACH. GREEN of Wisconsin, Mr. SALAZAR, Mr. CAR- consin, and Mr. GOODE. H.R. 2101: Mr. HASTINGS of Florida. DOZA, Mr. MCCAUL of Texas, Mr. COSTELLO, H.R. 1589: Mr. STARK, Ms. SCHAKOWSKY, and H.R. 2129: Ms. SCHWARTZ of Pennsylvania. Mr. ROYCE, Mr. LANTOS, Mr. MCGOVERN, Ms. Mr. MEEKS of New York. H.R. 2233: Ms. WASSERMAN SCHULTZ. KILPATRICK of Michigan, Mr. MCNULTY, Mr. H.R. 1591: Ms. ZOE LOFGREN of California, H. Con. Res. 76: Mr. BILIRAKIS. NEAL of Massachusetts, Mr. SESSIONS, Mr. Ms. BORDALLO, Ms. MCCOLLUM of Minnesota, H. Con. Res. 82: Mr. POE. UDALL of Colorado, Ms. GRANGER, Ms. LORET- Mrs. MALONEY, Mr. ENGLISH of Pennsylvania, H. Con. Res. 132: Mr. MILLER of Florida. TA SANCHEZ of California, Mr. TANCREDO, and and Mr. MCGOVERN. H. Con. Res. 141: Mr. WOLF. Mr. SAXTON.

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The Senate met at 9:30 a.m. and was SCHEDULE more secure life. They need their eco- called to order by the Honorable SAM Mr. FRIST. Mr. President, this morn- nomic services improved. They need BROWNBACK, a Senator from the State ing after 60 minutes of morning busi- their social services improved. They of Kansas. ness we will resume debate on the high- need to believe there will be tangible benefits from choosing dialog over vio- PRAYER way bill. As I announced on several oc- casions, this is the second week for lence. The Chaplain, Dr. Barry C. Black, of- consideration of the bill. It is our hope This view was reinforced during my fered the following prayer: to complete work this week. meeting with Palestinian Finance Min- Let us pray. Last night, cloture motions were ister Salam Fayyad. I learned from Almighty and everlasting God, today him that the unemployment rate in the we praise Your name for the gift of life. filed to the substitute and the bill in an effort to bring the bill to conclusion West Bank is officially 27 percent, but We could not have awakened this it far exceeds that number. The people morning without Your power. Yet so this week. Today, we will make addi- tional progress on the bill prior to are suffering. That is why I strongly often we take our breath and heart- support President Bush’s efforts to in- beats for granted. those cloture votes, which will occur crease assistance to the Palestinian Forgive us when we lose our awe for on Thursday. If cloture is invoked, the miracle of life and fail to do our there could be up to 30 hours remaining people. President Bush has pledged to part to protect and sustain it. Give us for consideration of the pending sub- help improve economic support pro- wisdom to take care of the temples of stitute amendment. Therefore, Sen- grams and strengthen Palestinian our bodies and may our souls prosper ators should have ample time for de- democratic institutions. as we experience physical well-being. bate and amendments. I hope we will The Finance Minister and I discussed Lord, strengthen our Senators today. not use all of the time and we could President Bush’s generous proposal to Keep them open to a growing faith and finish the bill at the earliest possible provide assistance to the Palestinian a maturing set of convictions. Help point in time. Authority. The Finance Minister them to do with faithfulness that We expect a busy session for the re- agrees this assistance is crucial as which lies to their hands, so that they mainder of the week as we continue to President Abbas seeks to strengthen may finish their race with joy. make progress on the highway bill. the mandate he earned in the January Make each of us willing to pay the f Palestinian elections. price for freedom. From the Finance Minister’s office We pray in Your powerful Name. MIDDLE EAST VISIT—WEST BANK we went on to the Presidential com- Amen. Mr. FRIST. Mr. President, over the pound in Ramallah to meet with Presi- f recess last week, I had the opportunity dent Mahmoud Abbas. The meeting was to travel to Israel, the West Bank, Jor- constructive. The parties on all sides PLEDGE OF ALLEGIANCE dan, Lebanon, and Egypt. Yesterday, I appear to appreciate the importance of The Honorable SAM BROWNBACK led reported on the Israel leg of my fact- a longstanding and meaningful dialog the Pledge of Allegiance, as follows: finding mission. Today I will continue on ways to bring peace and security to I pledge allegiance to the Flag of the briefly with that discussion of some of the Middle East. We had a very open United States of America, and to the Repub- my observations of the West Bank. and candid discussion about the status lic for which it stands, one nation under God, It was an invaluable experience. I and of the peace process, the Palestinians’ indivisible, with liberty and justice for all. my entire group learned a tremendous obligations under the roadmap, and the f amount about the Palestinian perspec- need for both sides to establish greater APPOINTMENT OF ACTING tive. Following my meetings in Jeru- trust. In particular, we talked of the PRESIDENT PRO TEMPORE salem, we made our way to Ramallah need to coordinate the Israeli with- The PRESIDING OFFICER. The in the West Bank to meet with the drawal from the Gaza Strip so that the clerk will please read a communication leadership of the Palestinian Author- Palestinian Authority can reestablish to the Senate from the President pro ity. As we drove toward the city, we a strong presence in that territory. tempore (Mr. STEVENS). could see from our windows that every- This whole concept of coordination The legislative clerk read the fol- day life for Palestinians in the West seemed and is so critical to that suc- lowing letter: Bank is, indeed, a struggle. We had to cessful disengagement. U.S. SENATE, pass through multiple checkpoints, It is crucial that after that with- PRESIDENT PRO TEMPORE, predominantly through the security drawal the Palestinian Authority is Washington, DC, May 11, 2005. barrier, the so-called fence, much of able to strengthen its democratic insti- To the Senate: which is newly constructed. tutions and maintain security and Under the provisions of rule I, paragraph 3, As I learned on my visit to the Mid- maintain law and order. of the Standing Rules of the Senate, I hereby dle East, the fence has been, in truth, We discussed Israel’s withdrawal appoint the Honorable SAM BROWNBACK, a very successful in preventing terrorist from the Gaza Strip. I believe that is a Senator from the State of Kansas, to per- form the duties of the Chair. attacks, although it was quite remark- courageous decision on the part of the TED STEVENS, able that you had to stop and be Israelis. President Abbas expressed his President pro tempore. checked out before passing this fence, concern over unilateral Israeli meas- Mr. BROWNBACK thereupon as- which sometimes you had to cross mul- ures, stressing that progress toward sumed the Chair as Acting President tiple times. peace should be made through dialog, pro tempore. We could also see the toll the bringing people together through nego- Intifada has taken on the lives of the f tiation and through coordination. Palestinian people. Streets were To that end, President Abbas ex- RECOGNITION OF THE MAJORITY pockmarked, buildings were run down, pressed his commitment to disman- LEADER and a pall hung over the landscape tling the terrorist organizations and The ACTING PRESIDENT pro tem- itself. It is clear the Palestinians need preventing terrorist attacks against pore. The majority leader is recog- one thing; that is, hope—hope for the Israel. This came up again and again. nized. future, hope for a better life, hope for a He conveyed to me his firm belief that

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

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9235 nonviolence is the path to a Pales- I yield the floor. called Medicare reform that lavishes tinian State. f billions of dollars on HMOs and drug In our discussions it was evident that companies at the expense of senior citi- President Abbas is a serious leader, an RESERVATION OF LEADER TIME zens and the disabled. elected leader, but also a leader who is The ACTING PRESIDENT pro tem- They broke the ethics rules of the in a very difficult situation. His elec- pore. Under the previous order, the House of Representatives, then tion victory gave him a strong man- leadership time is reserved. changed the rules to avoid investiga- date to depart from his predecessor’s tion. legacy, Arafat’s legacy, of violence and f They want to break the promise of terrorism. But he must also compete MORNING BUSINESS Social Security to our citizens by for that popular support with violent privatizing it, handing it over to Wall factions such as Hamas that continue The ACTING PRESIDENT pro tem- Street, and cutting benefits for middle- to reject peace with Israel, and at the pore. Under the previous order, there income Americans. same time they garner support among will be a period for the transaction of Their actions are a setback for the the people by providing social services morning business for up to 60 minutes, cause of fairness, opportunity and jus- to the people. That is what President with the first half of the time under tice for all. Abbas faces. the control of the Democratic leader or Now, Republican leaders want to I strongly believe it is, therefore, his designee, and the last half of the break the Senate to get their way this necessary that the United States con- time under the control of the majority time with the Nation’s courts. tinue to support President Abbas in his leader or his designee. It’s not as if the Senate has failed to efforts to transform the Palestinian The ACTING PRESIDENT pro tem- confirm President Bush’s nominations Authority’s reputation for cronyism, pore. The Senator from the great State to the Federal courts. So far, we have corruption, and nontransparency. We of Massachusetts. approved 208 of his appointments and need to actively help his administra- Mr. KENNEDY. Mr. President, I yield declined to approve only 10. We have tion reform and strengthen the Pales- myself such time as I might use on the blocked only the very, very few who tinian security and improve economic Democratic side. are so far out of the mainstream that services. We must continue to support The ACTING PRESIDENT pro tem- they have no place in our Federal judi- both economic and social services and pore. Without objection, it is so or- ciary. And yes, we have been willing to offer a stable and peaceful alternative dered. filibuster those nominees to protect America from their extremism. to the radicals that reject peace. f We also had the opportunity to talk Yet, Republican leaders now propose with an independent Presidential can- NUCLEAR OPTION AND ABUSE OF to scuttle the very Senate rules that didate who lost in the election but gar- POWER have protected our constitution and nered significant support—a physician, Mr. KENNEDY. Mr. President, from our citizens for more than two cen- Dr. Mustafa Barghuti, who ran as an its beginnings, America has stood for turies in a no-holds-barred crusade to independent in the Presidential elec- fairness, opportunity and justice. Gen- give rightwing activist judges lifetime tions 5 months ago. He spoke of a need eration after generation our Nation has appointments to the Nation’s courts. They want to break the rules to put for a strong, viable, independent party been able, often with intense debates, judges on our courts who are friendly to serve as an alternative to Hamas. to give greater meaning to these values to polluters and hostile to clean water Like President Abbas, he believes in the lives of more and more of our peace is the only path to an inde- and clean air. citizens. We know today we are a bet- They want to break the rules to put pendent Palestinian State. ter Nation when our democracy and Dr. Barghuti took me on a tour of his judges on the courts who are hostile to our policies reflect these values. We medical relief prevention and diag- civil rights, hostile to disability rights, are a stronger America when our ac- nostic center for cardiovascular disease hostile to women’s rights, and hostile tions respect those values for all our in Ramallah. It was quite impressive. to workers’ rights. citizens especially those who are the It is a model he developed as a physi- They even want to break the rules to backbone of America those—who work cian that he hopes, with the appro- put judges on the bench who condone hard every day, who care for their fam- priate resources, he will be able to torture. spread through the West Bank. We ilies, and who love their country. The Nation’s Founders understood share that common bond of being phy- Fairness; opportunity; justice. that those in power might believe that sicians and had a great dialog on the But what we have seen in recent the rules most Americans live by don’t importance of social services provided years is a breach of these values in apply to them. That is why they put in through health care to further build order to reward the powerful at the ex- place a democracy that preserves our that support of this new government. pense of average Americans. rights and freedoms through checks My experience in the West Bank in Those in power passed massive tax and balances. These checks and bal- my meetings with the various leaders breaks for the wealthy and short- ances protect our mainstream values of the Palestinian Authority bolstered changed everyone else. by preventing one party from arro- my belief that President Abbas is a They granted sweetheart deals to gantly and unilaterally imposing its genuine partner for peace in the Middle Halliburton Corporation in Iraq while extreme views on the Nation. East. I also witnessed firsthand how our troops went without armor. The Constitution grants the Presi- the conflict has deeply affected the They let the polluters write the pol- dent a check on Congress by allowing daily lives and routines of many Pal- lution rules for our water and our air. him to veto any measure that he be- estinians. They let the oil industry write the lieves crosses the line. I take this opportunity to urge my energy policy in secret meetings in the It establishes an independent judici- colleagues to support President Abbas White House. ary of judges with lifetime appoint- in his efforts to improve the lives of Two weeks ago, over the opposition ments and irreducible salaries, so they the Palestinian people and make their of every Democrat in the House and will be immune to political pressures governing institutions more account- Senate, they forced through a Federal and can serve as a valuable check able and responsible to all. I am hope- budget that preserves corporate tax against illegal or unconstitutional ac- ful his nonviolent approach to rela- loopholes at the expense of college aid, tions by the President or Congress. tions with Israel will eventually lead and slashes Medicaid for poor mothers It gives the President and the Senate to a viable, independent Palestinian to pay for tax breaks for millionaires. the shared duty of appointing qualified State that is able to live side by side They twisted arms for 31⁄2 hours in men and women to the courts, as a with Israel in peace and security for the dead of night on the floor of the check against a President who tries to both. House to pass by a single vote a so- force his will on the courts.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9236 CONGRESSIONAL RECORD—SENATE May 11, 2005 The Founders deliberately designed tion if two-thirds of the Senate voted that what occurred was a filibuster of a the Senate to be a special additional to do so, but that rule did not apply to Supreme Court nomination, and that check. It is smaller than the House. It Senate proceedings on nominations. In the purpose of that Republican-led fili- has 6 year terms compared to 2 years 1949, the rule was extended to all buster was to prevent an up-or-down for the House, and 4 for the President. issues, including nominations. Still, vote on the nomination. Even though Our terms are staggered, so that at there was no ‘‘right to an up-or-down there may have been a majority in sup- least two-thirds of us are veterans of a vote on the floor’’ on a matter, because port of the nomination when the proc- previous Congress. We have unique there remained many different ways to ess started, under the Senate rules at powers over treaties, appointments, prevent it from ever reaching the floor. that time there was no way for the ma- and impeachments. We have full power In 1975, the two-thirds rule for clo- jority to cut off the minority’s right to over our own rules, so that we can be ture was reduced to three-fifths, but continue debate unless two-thirds of more deliberate and deliberative in our there was no change in the basic rule: the Senate voted to do so. As that clo- action. The Senate was meant to check the only floor vote you have ‘‘a right ture vote made clear, there would an overreaching Executive—or an over- to’’ is a floor vote on cloture, and if never be a floor vote on the nomina- reaching House as well, and to resist you lose that vote, the matter does not tion, unless its opponents ended their the fads of public opinion. Over the go forward unless a later cloture vote filibuster. centuries, we have repeatedly played succeeds or until the opponents are In fact the Senate has never allowed this balancing and stabilizing role, es- prepared to vote. That has been the a bare majority to silence the minority pecially when the independence of the consistent practice since the first clo- on any bill or treaty or nomination, judiciary was threatened by an over- ture rule 88 years ago. Everyone knows least of all on judicial nominees, whom reaching Chief Executive. that is the rule. It has been followed the Framers were determined to keep Thomas Jefferson, at the peak of his without exception in every Senate independent, and whose independence popularity and with his party control- since then. We can argue—and most of was assured by the Senate’s joint role ling Congress, pushed the Senate to re- us have—whether cloture should or in their appointment. The idea that we move a Supreme Court Justice whose should not be invoked on a particular should relinquish any part of our power decisions Jefferson disagreed with, but matter. But if the majority is not large over judicial appointments, while leav- the Senate said ‘‘no.’’ enough to win a cloture vote, it cannot ing that power intact for nonjudicial Franklin Roosevelt tried to expand move ahead to a final vote on that nominations and for all legislation, is the Supreme Court, so that he could matter, including a nomination. That not only irrational, it is bizarrely pack it with Justices who would sup- is what the rules say. That is what backward. port his views. Again, a Senate—a Sen- they have always said. And that rule Certainly, this is no time to reduce ate under his party’s control—said has never been broken, especially when the ability of the Senate as a whole, ‘‘no.’’ the issue is changing the Senate rules and of individual Senators, to assure Richard Nixon, having lost one Su- themselves, which still requires a two- judicial independence. We need inde- preme Court nomination battle to a bi- thirds majority for cloture. pendent courts more than ever. We partisan coalition, dared us to reject a Just 19 years after the cloture rule know that activist groups and their second, even worse candidate. But a bi- was extended to nominations, Repub- supporters in Congress are putting partisan Senate majority honored the licans in the Senate led a filibuster heavy and well-organized pressure on Founders’ trust by saying ‘‘no.’’ against a Supreme Court nomination, the courts. They want to restrict rights Throughout our history, the Senate, the nomination by President Johnson and liberties in the name of national has structured its processes to reflect of Abe Fortas to be Chief Justice. The security. They want to subordinate in- the unique powers entrusted to it. For Senate Historian describes it accu- dividual interests to powerful eco- such irreversible steps as conferring rately on the Senate website: ‘‘October nomic interests. They want to intrude lifetime judicial authority on nominees 1, 1968: Filibuster Derails Supreme Government into sacrosanct areas of for the bench, it has given the minority Court Appointment.’’ family and religion. They want to re- the ability to protect our republic from Some have tried to rewrite the his- verse longstanding precedents that the combined tyranny of a willful exec- tory of that filibuster. But three of us allow the Nation to realize its full po- utive branch and an equally willful and know what happened in 1968 because we tential. like-minded small majority of Sen- were Senators then. President Johnson When one political party controls all ators. Thus the Senate’s rules have al- was one of the best vote counters in the levers of power in both the White lowed the minority to make itself our history. If you want to hear a mas- House and Congress, and that party heard as long as necessary to stimulate ter at work, just listen to his detailed feels beholden to a narrow ideological debate and compromise, and even to discussion of Senate and House votes portion of its base, the independence of prevent actions that would undermine on President Johnson’s tapes. Lyndon the courts is more vital than ever. De- the balance of powers, or that a minor- Johnson would not have sent the spite its razor-thin victory in the all- ity of Senators strongly oppose on Fortas nomination to the Senate if he important political campaign last principle. Especially with respect to was not completely confident that a year, following its especially narrow appointments, as to which the Senate’s majority of the Senate would support victory in the election in 2000, which ‘‘advice and consent’’ is a matter of the nomination. And in fact those of us was decided by a 5 to 4 vote in the Su- constitutional prerogative, there has who favored the nomination believed preme Court, the Republican party evi- never been a constitutional right, or he had that support. dently believes it has absolute power. even a right under the Senate rules, to The Judiciary Committee reported House Republicans yield to the White a floor vote on a nomination that the Fortas nomination favorably, but House, bending House rules to the would allow a bare majority to auto- its Republican opponents, knowing breaking point to give the President matically rubberstamp the President’s that they still lacked the votes to de- his way. The President has personally choice. feat the nomination outright, launched picked the majority leader of the Sen- In fact, until 1917, the Senate had no a filibuster on the floor, attacking the ate and through him seeks to impose limit on debate at all, and during that nominee on a number of different unprecedented strict party discipline time countless nominees, including fronts, in an effort to draw away his on Republican Senators. judges, not only failed to receive Sen- supporters. In the end, cloture failed, Now, in a trial run for doing the ate consent, but failed to receive the and President Johnson withdrew the same to the Supreme Court, the Presi- up or down vote that some pretend has nomination. dent wants to pack key appellate been available as a matter of right. We may never know what the final courts with activist ideological judges The cloture rule adopted in 1917 per- vote would have been if there had been he knows could not possibly command mitted debate to be ended on legisla- no filibuster. But there can be no doubt a bipartisan consensus in the Senate. It

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is clear from their records and their re- HATCH, the Republican chairman of the wait, and a two-thirds vote to stop de- sumes that they have been selected Senate Judiciary Committee at the bate on a rules change. precisely because the most radical time, on his nominations of Justice Then, since they pretend to be pro- forces on the Republican right believe Ginsburg and Justice Breyer in the ceeding on a constitutional basis, they they will advance their ideological 1990s, and other Presidents have done will have to break the invariable rule agenda on the bench. so throughout history. of practice that constitutional issues In these circumstances, we as Sen- Those who do not like the filibuster must not be decided by the presiding ators have not only the right, but the should take their complaints to the Officer but must be referred by the Pre- obligation, to use every power at our other end of Pennsylvania Avenue, siding officer to the entire Senate for disposal, within the Senate’s rules and where the real responsibility lies. full debate and decision. traditions, to focus the attention of the The claim that filibustering judges is Throughout the process they will Senate and the Nation, and ultimately unconstitutional is without a shred of have to ignore, or intentionally give the President, on the overreaching support in the Constitution or in his- incorrect answers to, proper parliamen- abuse of power by the White House and tory. The Republican leadership seems tary inquiries which, if answered in the Republican majority. That is what to be on the verge of abandoning that good faith and in accordance with the our Senate powers and our Senate rules claim. The recent compromise sug- expert advice of the parliamentarian, are meant to do. That is what checks gested by Senator FRIST would allow would make clear that they are break- and balances are all about. That is why the practice to continue for legislation, ing the rules. the filibuster exists. and for all Cabinet and other executive Eventually, when their repeated rule- The Republican argument to the con- branch appointments, and even for life- breaking is called into question, they trary is irrational, incomprehensible time Federal district judges. None of will blatantly, and in dire violation of and hypocritical. They say that if we these categories is constitutionally the norms and mutuality of the Sen- dare to use the well-established Senate distinguishable from Federal appellate ate, try to ignore the minority leader rules to preserve the independence of court nominations and Supreme Court and other Senators who are seeking the courts, then they are entitled to nominations under the Senate rules. If recognition to make lawful motions or break the Senate rules to stop us. They anything, Article III lifetime appellate pose legitimate inquiries or make prop- assert—and this is the keystone of judges deserve the filibuster’s extra in- er objections. their argument—that we are abusing sulation from Executive abuse even By this time, all pretense of comity, the filibuster by actually using it, even more than short-term Cabinet and dip- all sense of mutual respect and fair- on a very few nominations. They seem lomatic appointments, let alone legis- ness, all of the normal courtesies that to say it is permissible to filibuster if lative actions that can be reversed by allow the Senate to proceed expedi- you already have a majority of Sen- future legislation. tiously on any business at all will have In short, neither the Constitution, ators with you; that is, if you don’t been destroyed by the preemptive Re- nor Senate Rules, nor Senate prece- need to filibuster. But it is not permis- publican nuclear strike on the Senate dents, nor American history, provide sible to filibuster if you are in the mi- floor. any justification for selectively nul- nority, which is, of course, the only To accomplish their goal of using a lifying the use of the filibuster. bare majority vote to escape the rule time you need to filibuster. They say Equally important, neither the Con- requiring 60 votes to cut off debate, you are permitted to filibuster if you stitution nor the rules nor the prece- those participating in this charade don’t have the votes to prevent cloture, dents nor history provide any permis- will, even before the vote, already have but are not permitted to do so if you do sible means for a bare majority of the terminated the normal functioning of have the votes to prevent cloture. In Senate to take that radical step with- the Senate. They will have broken the short, their argument seems to be that out breaking or ignoring clear provi- Senate compact of comity, and will you are allowed to filibuster only when sions of applicable Senate Rules and you don’t need it or can’t make it unquestioned precedents. have launched a preemptive nuclear stick. In a word, their argument is ab- Here are some of the rules and prece- war. The battle begins when the per- surd. dents that the executive will have to petrators openly, intentionally and re- The fact is, the Republicans showed ask its allies in the Senate to break or peatedly, break clear rules and prece- in 1968 how the filibuster can be used to ignore, in order to turn the Senate into dents of the Senate, refuse to follow change minds when you don’t start a rubber stamp for nominations: the advice of the Parliamentarian, and with enough votes, whether it is Sen- First, they will have to see that the commit the unpardonable sin of refus- ators’ minds, citizens’ minds, or just Vice President himself is presiding ing to recognize the minority leader. the President’s mind. over the Senate, so that no real Sen- Their hollow defenses to all these During the Bush years, the filibuster ator needs to endure the embarrass- points demonstrate the weakness of has been used as an exceptional tool ment of publicly violating the Senate’s their case: They claim, ‘‘We are only against a small number of judicial rules and precedents and overriding the breaking the rules with respect to judi- nominations—10 out of 218—in contrast Senate parliamentarian, the way our cial nominations; we promise not to do to nearly 70 judicial nominations presiding officer will have to do. so on other nominations or on legisla- blocked from a floor vote by other Re- Next, they will have to break Para- tion.’’ No one seriously believes that. publican tactics during the Clinton ad- graph 1 of Rule V, which requires 1 Having used the nuclear option to sal- ministration. day’s specific written notice if a Sen- vage a handful of activist judges, they But here is the most important rea- ator intends to try to suspend or will not hesitate to use it to salvage son the Republican arguments make no change any rule. some bill vital to the credit card indus- sense: It is the President, not the Sen- Then they will have to break para- try, or the oil industry or the pharma- ate, who determines how often the fili- graph 2 of Rule V, which provides that ceutical industry, or Wall Street, or buster is used. the Senate rules remain in force from any other special interest. In other Whenever President Bush decides he Congress to Congress, unless they are words, the Senate majority will always would rather pick a fight than pick a changed in accordance with the exist- be able to get its way, and the Senate judge, then he is likely to be creating ing rules. our Founders created will no longer the need to filibuster. There is no need Then they will have to break para- exist. It will be an echo chamber to the for a filibuster if the President takes graph 2 of Rule XXII, which requires a House, where the tyranny of the major- the ‘‘advice’’ of the Senate seriously, motion signed by 16 Senators, a 2-day ity is so rampant today. under the ‘‘advice and consent’’ clause wait and a three-fifths vote to close de- Our Republican colleagues also claim of the constitution, when he nominates bate on the nomination itself. that ‘‘Senate Democrats have pre- lifetime judges for important courts. They will also have to break Rule viously used majority votes to change President Clinton did so with Senator XXII’s requirement of a petition, a the rules’’, so they can do it too. That

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Even many newspapers shown, the instances they rely on do must be fair rules, that we should not that endorsed her campaign for the not involve breaking the rules or unilaterally abandon or break those Texas Supreme Court now oppose her changing the rules. They were narrow rules in the middle of the game, and confirmation after seeing how poorly and minor interpretations to fill gaps that we should protect the minority’s she served as a judge. The Houston in existing rules, but always consistent rights in the Senate. Chronicle wrote that Justice Owen with the underlying rules and their Even in the darkest days of the gov- ‘‘too often contorts rulings to conform purposes, and always in keeping with ernment’s failure to respond to the to her particular conservative out- the regular procedures of the Senate. civil rights revolution, half a century look.’’ The paper also noted that ‘‘It’s They never allowed debate on any nom- ago, the Senate never tried to allow a saying something that Owen is a reg- ination or bill to be cut off without the bare majority to silence a substantial ular dissenter on a Texas Supreme required cloture vote. The Nuclear Op- minority. Yet that is exactly what Re- Court made up mostly of other con- tion, in contrast, involves major publicans want to do now. There sim- servative Republicans.’’ changes in the essence of key rules, ply is no crisis which justifies such a The Austin American-Statesman without following the required proce- drastic and destructive action. wrote that she ‘‘seems all too willing dures for changing the rules. In fact, Who are the nominees the Republican to bend the law to fit her views.’’ The even at the start of a new Congress, the leadership wants confirmed so des- San Antonio Express-News opposed her one time when some of us thought the perately that they are willing to resort nomination, reminding us that ‘‘[w]hen rules might be changed by a majority, to tactics like these? Obviously, they a nominee has demonstrated a propen- the Senate has repeatedly and explic- are doing it in anticipation of the bat- sity to spin the law to fit philosophical itly rejected the proposition that the tle soon to come over the nomination beliefs, it is the Senate’s right—and rules can be changed without following of the next Supreme Court Justice. The duty—to reject that nominee.’’ judges nominated so far who have been the rules. Her own colleagues on the conserv- Why would our Republican colleagues filibustered by the Senate show how ative Texas Supreme Court have re- try to do this? The simplest answer is truly appalling a Supreme Court nomi- peatedly accused her of the same thing. that they will do it because they think nee may be, if the President can avoid They clearly state that Justice Owen they can get away with it. If enough a filibuster. puts her own views above the law, even Republicans accede to this raw exercise President Bush has said he wants when the law is crystal clear. Justice of unbridled power, and ignore the judges who will follow the law, not try Owen’s former colleague on the Texas rules and traditions and comity and to re-write it. But his actions tell a dif- Supreme Court, our new Attorney Gen- history and purpose of the Senate, and ferent story. The contested nominees eral Alberto Gonzales, has said she was think they can pull it off and not be have records that make clear they guilty of ‘‘an unconscionable act of ju- held accountable, then they will try it. would push the agenda of a narrow far- dicial activism.’’ Some claim that At- Obviously, their party is also being right fringe, rather than protect rights torney General Gonzales didn’t mean driven by an irresponsible fringe force important to all Americans. that does not care about the credibility Priscilla Owen, Janice Rogers Brown, this criticism. But this was no single, of their party or the institutional in- William Myers, Terrence Boyle, and stray remark. To the contrary, both he terests of the Senate or the future of William Pryor would erase much of the and her other colleagues on the Texas our checks and balances form of gov- country’s hard-fought progress toward Supreme Court have repeatedly noted ernment. They were the ones who com- equality and opportunity. Their val- that she ignores the law to reach her pelled their leaders on both sides of the ues—favoring big business over the desired result. Hill to intrude in the tragic case of needs of families, destroying environ- In one case, Justice Gonzales held Terri Schiavo. The overwhelmingly mental protections, and turning back that Texas law clearly required manu- hostile reaction to that fiasco should the clock on civil rights—are not main- facturers to be responsible when retail- be enough to encourage the White stream values. ers sell their defective products. He House not to go down such paths again, As a Texas Supreme Court Justice, wrote that Justice Owen’s dissenting especially after Stanley Birch, a con- Priscilla Owen has shown clear hos- opinion would ‘‘judicially amend the servative appointee of the first Presi- tility to fundamental rights, particu- statute’’ to let the manufacturers off dent Bush, on a conservative federal larly on issues of major importance to the hook. circuit court of appeals, excoriated workers, consumers, victims of dis- In a case in 2000, Justice Gonzales, Congress for its unconstitutional inter- crimination, and women. Neither the joined by a majority of the Texas Su- ference with the courts, and particu- facts, nor the law, nor established legal preme Court, upheld a jury award hold- larly excoriated Republican opponents precedents, stop her from reaching her ing that the Texas Department of of judicial activism for hypocritically desired result. Transportation and the local transit pushing their own corrosive brand of Owen was elected to the Texas Su- authority were responsible for a deadly judicial activism. preme Court with donations from auto accident. They said that the re- Sadly, with Dr. Frist’s encourage- Enron and other big companies. She sult was required by the ‘‘plain mean- ment and support, the same rabble consistently rules against employees, ing’’ of Texas law. Justice Owen dis- rousers recently accused us of blocking and consumers who challenge cor- sented, claiming that Texas should be nominees because they are ‘‘people of porate abuses. She bent the law in an immune from these suits. Justice faith,’’ thus suggesting that the 208 attempt to deny relief for the family of Gonzales again stated that her view judges whom we have not blocked are a teenager, who was paralyzed after misread the law, which he said was not ‘‘people of faith.’’ Clearly these ac- being thrown through the sun roof of ‘‘clear and unequivocal.’’ tivist ideologues do not agree with the the family car in an accident. She In another case, Justice Gonzales Founders about the need for judicial wanted to reverse a jury award for a joined a majority opinion that criti- independence, for the separation of woman whose insurance company cized Justice Owen for ‘‘disregarding powers, or for the separation of church wrongly denied her claim for coverage the procedural limitations in the stat- and state. They have no respect for his- of heart surgery. She argued that the ute,’’ and ‘‘taking a position even more tory, no respect for checks and bal- Texas Supreme Court should reinter- extreme’’ than was argued by the de- ances, and no respect for the role of the pret a key civil rights law to make it fendant in the case.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9239 In another case in 2000, private land- nation laws benefit the public interest. will respect Native American rights, owners tried to use a Texas law to ex- She’s even said that ‘‘Today’s senior not a judge the head of the National empt themselves from local environ- citizens blithely cannibalize their Congress of American Indians has mental regulations. The court’s major- grandchildren because they have a called the ‘‘worst possible choice’’ for ity ruled that the law was an unconsti- right to get as much ‘free’ stuff as the Native Americans. tutional delegation of legislative au- political system will permit them to The nomination of Terrence Boyle is thority to private individuals. Justice extract.’’ No one with these views still pending in the Judiciary Com- Owen dissented, claiming that the ma- should be confirmed to the Federal mittee. By all appearances, he was cho- jority’s opinion ‘‘strikes a severe blow court and certainly not to the Federal sen for his radical views, not his quali- to private property rights.’’ Justice court most responsible for cases affect- fications. His decisions as a trial judge Gonzales joined a majority opinion ing government action. It’s no wonder have been reversed or criticized on ap- criticizing Justice Owen’s view, stating that an organization seeking to dis- peal more than 150 times, far more that most of her opinion was ‘‘nothing mantle Social Security is running ads than any other district judge nomi- more than inflammatory rhetoric supporting her nomination to the sec- nated to a circuit court by President which merits no response.’’ ond most powerful court in the coun- Bush. The Supreme Court unanimously In another case, Justice Owen joined try. reversed him in a voting rights case, in a partial dissent that would have lim- Janice Rogers Brown has also writ- which Justice Clarence Thomas wrote ited the right to jury trials. The dis- ten opinions that would undermine that he had ignored established legal sent was criticized by the other judges civil rights. She has held, for example, standards. as a ‘‘judicial sleight of hand’’ to by- that the First Amendment prevents In fact, he has made serious mistakes pass the constraints of the Texas Con- courts from granting injunctions in cases that matter most to Ameri- stitution. against racial slurs in the workplace, cans’ daily lives. Time and again, the For the very important D.C. Circuit, even when those slurs are so pervasive conservative Fourth Circuit has ruled the President has nominated another that they create a hostile work envi- that Judge Boyle improperly dismissed extreme right-wing candidate. Janice ronment in violation of Federal job dis- cases asking protection for individual Rogers Brown’s record on the Cali- crimination laws. In other opinions, rights, such as the right to free speech, fornia Supreme Court makes clear she has argued against allowing vic- or the right of free association, or the that—like Priscilla Owen—she’s a judi- tims of age and race discrimination to right to be free from discrimination, or cial activist who will roll back basic obtain relief in state courts, or to ob- the right to a fair and lawful sentence rights. When she joined the California tain damages from administrative in a criminal case. It’s no wonder that Supreme Court, the California State agencies for their pain and suffering. his nomination is opposed by a broad Bar Judicial Nominees Evaluation She has rejected binding precedent on coalition of organizations nationally Commission had rated her ‘‘not quali- the constitutional limits on an employ- and in his home state of North Caro- fied,’’ and ‘‘insensitive to established er’s ability to require employees to lina representing law enforcement offi- legal precedent’’ when she served on submit to drug tests. cers, workers, and victims of discrimi- the state court of appeals. President Bush has selected William nation. All Americans, wherever they live, Myers for the important Ninth Circuit Last, but by no means least dis- should be concerned about such a nom- Court of Appeals. Mr. Myers is a long- turbing, the President has renominated ination to this vital court, which inter- time mining and cattle industry lob- William Pryor to the Court of Appeals prets federal laws that protect our civil byist. He has compared Federal laws for the Eleventh Circuit. Mr. Pryor is liberties, workers’ safety, and our abil- protecting the environment to ‘‘the ty- no true ‘‘conservative.’’ He has pushed ity to breathe clean air and drink clean rannical actions of King George’’ over a radical agenda contrary to much of water in their communities. Only the the American colonies. He has de- the Supreme Court’s jurisprudence D.C. Circuit can review the national air nounced our environmental laws as over the last forty years, and at odds quality standards under the Clean Air ‘‘regulatory excesses.’’ In the Interior with important precedents that have Act and national drinking water stand- Department, he served his corporate made our country a fairer nation. ards under the Safe Drinking Water clients instead of the public interest. Mr. Pryor has fought aggressively to Act. This court also hears the lion’s As Solicitor of Interior, he tried to give undermine the power of Congress to share of cases involving rights of em- public land worth millions of dollars to protect civil rights and individual ployees under the Occupational Safety corporate interests. He issued an opin- rights. He’s tried to cut back on the and Health Act and the National Labor ion clearing the way for mining on land Family and Medical Leave Act, the Relations Act. sacred to Native Americans, without Americans with Disabilities Act, and Yet Janice Rogers Brown’s record consulting the tribes affected by his de- the Clean Water Act. He’s been con- shows a deep hostility to civil rights, cision although he took the time to temptuously dismissive of claims of ra- to workers’ rights, to consumer protec- meet personally with the mining com- cial bias in the application of the death tion, and to a wide variety of govern- pany that stood to profit from his opin- penalty. He’s relentlessly advocated its mental actions in many other areas— ion. use, even for persons with mental re- the very issues that predominate in the William Myers is a particularly inap- tardation. He’s even ridiculed the cur- D.C. Circuit. propriate choice for the Ninth Circuit, rent Supreme Court justices, calling Perhaps most disturbing is the con- which contains many of America’s them ‘‘nine octogenarian lawyers who tempt she has repeatedly expressed for most precious natural resources and happen to sit on the Supreme Court.’’ the very idea of democratic self-gov- national parks, including the Grand He can’t even get his facts right. Only ernment. She has stated that ‘‘where Canyon and Yosemite National Park, two of the nine justices are 80 years old government moves in, community re- and which is home to many Native or older. treats [and] civil society disinte- American tribes. The Ninth Circuit de- Mr. Pryor has criticized Section 5 of grates.’’ She has said that government cides many of the most important envi- the Voting Rights Act, which helps en- leads to ‘‘families under siege, war in ronmental disputes affecting America’s sure that all Americans can vote, re- the streets.’’ In her view, ‘‘when gov- natural heritage. It has a special role gardless of their race or ethnic back- ernment advances . . . freedom is im- in safeguarding the cultural and reli- ground. He’s even called the Voting periled [and] civilization itself jeopard- gious heritage of the first Americans. Rights Act, which has been repeatedly ized.’’ It deserves an impartial judge who will upheld by the Supreme Court, ‘‘an af- She has criticized the New Deal, deal fairly with environmental claims, front to federalism.’’ His hostility to which gave us Social Security, the not a mining company lobbyist clearly voting rights belongs in another era— minimum wage, and fair labor laws. opposed to environmental protections. not on a federal court. As Alabama’s She’s questioned whether age discrimi- The Ninth Circuit needs judges who Attorney General, in a case involving a

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9240 CONGRESSIONAL RECORD—SENATE May 11, 2005 disabled man forced to crawl up the end to this mockery of our system be- crats back in control. That is because courthouse stairs to reach the court- fore it becomes impossible to undo the this is the fairest way to maintain the room, Mr. Pryor argued that the dis- damage. health of the judicial nomination proc- abled have no fundamental right to at- I am sure a lot of Americans believe ess and the quality of our courts. tend their own public court pro- this is politics as usual. It is not. Fili- Our Founding Fathers set up a form ceedings. His nomination was rushed bustering of judicial nominations is an of Government with three separate through the Committee despite serious unprecedented intrusion into the long- branches, and they were all very dis- questions about his ethics and even his standing practice of the Senate’s ap- tinct. The current state of affairs in candor before the Committee. proval of judges. the Senate threatens the very balance History will judge us harshly in the We have a constitutional obligation of power. Although the up-or-down Senate if we don’t stand tall against of advise and consent when it comes to vote is critical to maintaining that the brazen abuses of power dem- judicial nominees. While there has al- balance, there is a need to reform the onstrated by these nominees. The ways been debate about nominees, the committee process as well. Each com- issues at stake in these nominations go filibuster has never been used in par- mittee should discharge nominees, well beyond partisan division. The tisan fashion to block an up-or-down whether it is with a positive or a nega- basic values of our society—whether we vote on someone who has the support tive vote. But at some point, that will continue to be committed to fair- of a majority of the Senate. nominee deserves to have a vote of the ness and opportunity and justice for In our history, many nominees have full Senate on the floor. The com- all—are at issue. come before us who have generated mittee should not have the power to Many well-qualified, fair-minded strenuous debate. Robert Bork and kill a nominee on its own. nominees could be quickly confirmed if Clarence Thomas are two of what the I sincerely hope we can put an end to the Bush administration would give up other side would consider more con- this crisis, judge judicial nominees on its right-wing litmus test. Why, when troversial figures to be considered for a the basis of their character, qualifica- there are so many qualified Republican position on the Federal bench. It is im- tions, and experience, and return to attorneys, would the President choose portant to note that both of these men, fulfilling our constitutional duty. nominees whose records raise so much despite the strong feelings they gen- I understand that the majority leader doubt about whether they will follow erated from their supporters and their has just put forward a proposal to cor- the law? Why force an all-out battle detractors, received an up-or-down rect the unfair treatment of judges. over a few right-wing nominees, when vote. Now, sadly, due to the efforts of Senator FRIST’s proposal will ensure the nation has so many more pressing the Democrats in the Senate, the 214- that each and every nominee will be problems, such as national security, year tradition of giving each Federal treated fairly. It will ensure that each the economy, education, and health candidate for judge a solid ‘‘yea’’ or nominee will receive a fair up-or-down care? ‘‘nay’’ is at risk. vote, whether a Republican President Our distinguished former colleagues, Senate tradition is not the only or a Democrat President nominates Republican Senator David Durenberger thing at risk here, though. The quality him or her. and Democratic Senator and Vice of our judiciary is at grave risk. It is I commend Senator FRIST for his President Walter Mondale, recently and should continue to be an honor to leadership. His proposal ensures future urged the Senate to reject the nuclear be nominated to serve on the Federal nominees are treated fairly. I urge my option. They reminded us that ‘‘Our bench. Nominees are aware of the rig- colleagues to adopt Senator FRIST’s federal courts are one of the few places orous process that goes along with proposal. left where issues are heard and ration- their nomination—intense background Mr. President, I yield the floor and ally debated and decided under the checks and the opening of one’s life suggest the absence of a quorum. law.’’ history to the public. However, highly The PRESIDING OFFICER (Mr. VIT- Five words they used said it all— qualified and respected nominees do TER). The clerk will call the roll. ‘‘let’s keep it that way.’’ To reach the not sign on to being dragged through a The assistant legislative clerk pro- goals important to the American peo- bitter political battle. If we allow the ceeded to call the roll. ple, let’s reject the nuclear option, and filibustering of nominees to continue, I Mr. CRAPO. Mr. President, I ask respect the checks and balances that fear that those highly qualified can- unanimous consent that the order for have served the Senate and the nation didates will decline to put themselves the quorum call be rescinded. so well for so long. and their families through the abyss of The PRESIDING OFFICER. Without The PRESIDING OFFICER. The time this process. The American judicial objection, it is so ordered. of the minority has expired. system will be sorely hurt should this Mr. CRAPO. Mr. President, I would The Senator from Nevada. happen. And it already happened with like to take a few moments to discuss f Miguel Estrada, who was an out- the issue that seems to be the major standing nominee. We cannot afford to topic of debate now in the Senate. It is FILIBUSTER OF JUDICIAL let this happen and let it continue. that of the question of how we ap- NOMINEES I believe that anyone who has been proach the nomination and confirma- Mr. ENSIGN. Mr. President, I would nominated by the President and is will- tion of judges. like to think that if some of the finest ing to put his or her name forward and Frankly, I think that the level of and most respected jurists in our coun- be subjected to the rigorous confirma- hostility and the level of debate that try’s history were nominated today to tion process deserves a straight up-or- has increased around this issue is be- sit on the Federal bench, their success- down vote on his or her nomination in coming alarming to the American peo- ful confirmation by the Senate would both committee and on the floor of the ple—not so much necessarily because be guaranteed. I am talking about ju- Senate. Guaranteeing that every judi- of their objection or concern about the rists such as Chief Justice John Mar- cial nominee receives an up-or-down various positions being taken but be- shall, Chief Justice Earl Warren, and vote is truly a matter of fairness. It cause of the concern about how the Justice Oliver Wendell Holmes. Imag- doesn’t mean that there is no debate or Senate is running, the question of ine where we would be today without opportunity to disagree. It does mean whether we in the Senate are working their bright, insightful legal minds. fair consideration, debate, and a deci- on the business of the American people Unfortunately, in today’s bitter and sion in a process that moves forward. in a way that is in the best interest of partisan atmosphere, I don’t see how I say that today with the Republican public discourse, or whether the dy- any of them would make it through President in the White House and a Re- namic in the Senate is deteriorating this grueling, humiliating, and endless publican majority in the Senate, but I into a highly partisan, highly personal, judicial nomination process. That is a know we will uphold the up-or-down and highly difficult climate in which disturbing thought. We must put an vote when we eventually have Demo- we are increasingly facing gridlock.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9241 Mr. President, I would like to go when both parties supported the fili- ators stood solidly together and said: back through the debate because a lot buster, even when filibusters were tried No, we will not allow a nominee who has been said about what the role of on judicial nominations, they were has enough majority support to get to the filibuster is as we approach the stopped. Never, until this last Con- the floor of the Senate to have a vote. issue of confirmation of judges. I be- gress, the Congress previous to this, There are those who are saying the lieve it is important because, frankly, I with that one exception I mentioned President is trying to pack the Court notice in some of the advertising that when both parties supported it, did the and that the President is trying to is going on across the country right Senate support the utilization of a fili- change the dynamics of the judiciary now that the argument being made buster on the nomination of a judge. with people who are out of the main- seems to be that the filibuster was es- In the last couple of years, we have stream. Again, I do not believe any- tablished in the Constitution by our seen an increasing and frequent utiliza- thing could be further from the truth. Founding Fathers as one of the checks tion of filibusters for nominations on There has been a lot of debate on this and balances of our system. the judiciary. That is what brought us floor over the last few weeks about The reality is that from 1789 until to this battle right now. The question these nominees, but let’s look at a cou- 1806, the Senate did not have anything the Senate is grappling with and which ple of these nominees to see what it is close to a filibuster. In fact, the Senate the American people, I believe, are jus- we are talking about. had the traditional motion for the pre- tifiably very concerned about is, What One of the filibustered nominees is vious question in its rules, which, for should the role of the Senate be? What Justice Priscilla Owen. She has served those who don’t follow these things should the procedure of the Senate be on the Texas Supreme Court since 1995. closely, meant that a majority could when considering judicial nomina- In 2000, Justice Owen was overwhelm- close debate on any issue when there tions? ingly reelected to a second term on was a motion to proceed to a vote. The That takes us, in my opinion, back to that court, receiving 84 percent of the majority could close the debate. the U.S. Constitution. In article II of public vote. I do not think that is out So, clearly, there is no mention of the U.S. Constitution, which is the of the mainstream. the filibuster in the Constitution and, core around which this debate should During her 2000 election bid, every clearly, until at least 1806 there was no focus, it provides that the President major newspaper in Texas endorsed possibility for utilization of the fili- shall nominate and, by and with the her. Before joining the supreme court, buster in the Senate. Even after 1806, advice and consent of the Senate, shall she was a partner with a well-respected when for other reasons the Senate appoint judges of the Supreme Court Texas law firm, having practiced law eliminated the motion for the previous and all other officers of the United for 17 years. question, the idea of filibustering never States, which includes judges of the Justice Owen has significant bipar- really took hold in the Senate until other courts. The President shall nomi- tisan support in Texas, including three much later. In fact, it was about the nate and, by and with the advice and former Democratic judges on the Texas 1840s when a group of Senators realized consent of the Senate, shall appoint. Supreme Court and a bipartisan group that under the rules there was no way So the question there is, Does the Con- of 15 past presidents of the State bar of for them to be stopped from debating, stitution absolutely prohibit a fili- Texas. Whether one agrees or disagrees with and they basically started the idea of buster? No. Does the Constitution ab- her philosophy, one cannot argue that filibustering and approaching the man- solutely authorize filibusters? No. The she is not mainstream. In fact, a bipar- agement of issues in the Senate by uti- Constitution simply says the President tisan group of 15 former presidents of lization of the tool of filibustering— shall nominate and, by and with the the State bar of Texas—that bipartisan namely, refusing to stop debating and advice and consent of the Senate, he group about which I talked—states: let the Senate move on to a vote. shall appoint judges. Even though that practice started in Our job now is to determine how to Although we profess different party affili- the 1840s, it was used very sparingly ations and span the spectrum of legal and run the rules of the Senate in the clos- policy issues, we stand united in affirming and over the years really wasn’t that est accommodation to the spirit of the that Justice Owen is a truly unique and out- big of a problem. When Senators tried Constitution of the United States. standing candidate to appointment to the it, they worked out issues they were The question, as I see it, is, Does the Fifth Circuit [Court of Appeals]. raising, and issues were resolved. The Constitution contemplate that the They go on to say she has all the Senate never really adopted a cloture President is entitled to a vote on his qualities to be a good independent rule until the 1917 timeframe. The clo- nominees? And if so, is that vote a ma- judge. ture rule, for those who don’t follow jority vote or is it a vote of a super- Another who is being attacked is the Senate procedure that closely, is the majority, like 60, or two-thirds? It has Honorable Janice Rogers Brown, a rule by which the Senate tries to stop been argued on the floor today that all nominee from the Supreme Court of a filibuster. It has been in different the Constitution contemplates is some California to be on the District of Co- forms over the years, but in its current kind of a vote, whether it be a 60-vote lumbia Circuit Court. In her 9 years on form—since 1917, it has evolved—it re- supermajority, a two-thirds vote, or a the California Supreme Court, Justice quires 60 votes in the Senate to adopt majority vote, that the Senate can de- Brown has earned the reputation of cloture, which means that we will then cide, but all the Constitution con- being a brilliant and a fair justice who go into a process which will eventually templates is some kind of a vote. rules on the law. wind down debate on a bill and move us I disagree. I believe the Constitution Her nomination has received broad to a point where we can vote on a mat- contemplated that by a majority vote support from across the political spec- ter. So even in 1917, when the original the Senate would give its advice and trum, and she also stood for reelection cloture rule was adopted, it didn’t real- consent. I believe the best way to oper- in the California judicial system where ly mention judicial nominations, be- ate this Senate is to utilize the prin- she received 76 percent of the public cause at that point the Senate didn’t ciple of advice and consent as one in vote in California the last time she was really contemplate the use of the fili- which we should give the President an on the ballot, which belies the notion buster on judicial nominations. up-or-down vote on those nominees that she could be out of the main- The cloture rule was rewritten in who are able to get sufficient support stream. 1949. At that time, it was expanded to to get out of the Judiciary Committee She has dedicated over 25 years of her include all matters which technically to the floor of the Senate. As I say, his- legal career to public service and she, included judicial nominations. But torically, never, until the last Con- too, is supported by a broad array of bi- even after 1949, filibusters were rarely, gress, has the Senate operated in any partisan jurists and legal scholars in if ever, even tried on judicial nomina- other way. her State. tions; and when they were tried on ju- There are those who have tried fili- Let me talk about one more, a nomi- dicial nominations, with one exception, busters, but never have just 41 Sen- nee from my State, the State of Idaho,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9242 CONGRESSIONAL RECORD—SENATE May 11, 2005 William Myers, who has been nomi- proved or automatically accepted, is tic which is within the rules of the nated to the Ninth Circuit Court of Ap- the President get a vote up or down on Senate. peals. Bill Myers is a former Solicitor his nominees. I want to point out what is going to of the Department of Interior and is a It is my hope we will not have to get happen if they persist in that tactic be- highly respected attorney who has ex- to the point where on the Senate floor cause then they put it back on us or tensive experience in the fields of nat- we have a protracted and bitter battle. the President to take action in re- ural resources, public lands, and envi- We have an opportunity to discuss sponse. ronmental law. He actually was con- these matters among ourselves and try We can say we are not going to do firmed by this Senate by unanimous to do what the American people expect anything, we are just going to let an consent when he was confirmed to of us, and that is to bring more comity unprecedented filibuster take over, to serve as Solicitor of the Department of to the Senate in our individual rela- which a lot of us are saying that is not Interior. tions among each other. right, that is not our job. This may Before coming to the Department of I believe there is room for finding a force the President to do a whole group Interior, he practiced at one of the compromise that can resolve this issue of recess appointments, a right he has most respected law firms in the Rocky in a way that will bring dignity and re- under the Constitution. He has been Mountain region, and he has a rich his- spect to the Senate and will enable us waiting for 4 years for some of these tory of service in public offices. He is a to fulfill the spirit of what the Con- nominees. He would rather not do that, very avid outdoorsman and conserva- stitution contemplates when it says I am sure. I have not talked with him, tionist and has himself wide support the Senate should provide its advice but I am sure he would rather not do from bipartisan interests. In fact, the and consent to the nominations of the that. He can say: If you are not going former Democratic Governor of Idaho, President. to let my judges through, you are sup- Cecil Andrus, indicated he is one who Mr. President, I thank you for my posed to give advice and consent, and if deserves our support, has the integrity, time, and I yield back the remainder of you are not going to give advice and judicial temperament, and experience my time. consent, then this is the action I have The PRESIDING OFFICER. The Sen- to be a good judge. to take. Or it is going to force us to ator from Kansas is recognized. Former Democratic Wyoming Gov- Mr. BROWNBACK. Mr. President, change the filibuster rule on the issue ernor Mike Sullivan, who also served how much time remains in morning of judges because of the unprecedented as U.S. Ambassador to Ireland under business on this side? use and requirement of a super- the Clinton administration, endorsed The PRESIDING OFFICER. There is majority. Mr. Myers, saying he is ‘‘a thoughtful, 6 minutes 25 seconds remaining. What I am pointing out is, while the well-grounded attorney who has re- Mr. BROWNBACK. Mr. President, I Democrats can take this tactic, it is flected by his career achievements a yield myself such of that time as I may going to force a response which would commitment to excellence.’’ consume. be legal by a Republican majority in My point in reviewing these three The PRESIDING OFFICER. Without the Senate, by the President, but all of candidates, because my time is limited objection, it is so ordered. which is unsatisfactory and not right. today, is to show that although there is Mr. BROWNBACK. Mr. President, I We ought to be voting on these judges. an argument that the President is try- am going to follow on the presentation We have seen the numbers. I think if ing to submit candidates who are not of my colleague from Idaho on the the numbers were not so extreme, we in the mainstream, the argument does issue of judges because it is the pend- would not feel so forced into a corner, not fit the facts. What is happening is ing issue before the Senate. We are on but the numbers are extreme. The Sen- President Bush is being denied the op- the highway bill, and it is important ate has accumulated the worst circuit portunity for even a vote on his nomi- legislation, but this issue is what has court confirmation record in modern nees to be the judges on the various captured the attention of this body, times, thanks to this partisan obstruc- circuit courts of this country. the executive branch, and people across tion. Only 35 of President Bush’s 52 cir- I think we ought to come back to the the country: The problem of getting cuit court nominees were confirmed, Constitution and to the initial ques- judges approved. which is a confirmation rate of 67 per- tion which I pose: What does the Con- My colleague from Idaho well por- cent. In comparison, President John- stitution of the United States con- trayed some of the nominees and what son’s confirmation record in his first template in terms of how the Senate is taking place. I will point out a cou- term in office was 95 percent, as were should operate when it fills its role as ple of common issues. I serve on the 93 percent of President Carter’s nomi- providing advice and consent in the Judiciary Committee. We have had nees. nomination and appointment of judges? these individuals in front of us, in some The other side may point to the dis- I think it is very important to note cases, for 4 years. They are well known trict court, the trier of fact, level of that what we are debating is not the to this body, to the people here, and confirmations. Yes, those are there, elimination of the filibuster. We have they have been fully vetted. The reason but the circuit courts are the ones that an Executive Calendar and a legislative they are at this point in getting get to review and interpret the law, calendar in the Senate, and the pro- through is they are extremely well and we are trying to get judges who posal is to address the manner in which qualified. There may be philosophical will interpret and not write the laws. filibusters are utilized only on a por- differences with them, but if they are A number of people are willing to tion of the Executive calendar. The Ex- allowed to have a vote, they will be allow judges to write laws. I am not ecutive calendar is that part of our confirmed because they are well quali- one of those. That is our job. That is business in which the Senate deals fied. If they were not well qualified, if my constitutional role, that is my con- under the Constitution with the execu- they were outside of the mainstream of stitutional requirement, and the oath I tive business of the President with the judicial thought, they would not be took to the Constitution to write the Senate. confirmed and we would not be debat- laws and not to pass them off to the ju- We are suggesting our rules should ing this issue. diciary or to say: Well, it is too tough contemplate that when the Constitu- We have the Democratic Party decid- for us, let’s let it pass through there. tion gives the President business to ing: OK, we are going to stop them. Ac- Plus, what irritates so many people conduct with the Senate and says the tually, they are well qualified and we is the use of the judiciary in so many Senate should give its advice and con- cannot stop them on a majority vote; areas that are so personal and deeply sent on the President’s nominations, we are going to stop them on a fili- felt within this society. People are say- the Senate’s rules should not prohibit buster and require a supermajority ing this is not right, this is something the President from getting a vote. vote. that should come in front of legislative All we are asking, not that these They have taken that tactic. It is un- bodies. Maybe it will take several elec- nominations be all unanimously ap- precedented. They have taken that tac- tion cycles for the body politic to get

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9243 in a position to resolve these issues, comes to us pursuant to a budget Act. It is quite simply unequivocally, and that is fine, it should take time on agreement that was passed last Friday unquestionably a budget buster. these major issues before us. morning. In fact, I guess it was passed One must ask the very obvious ques- Also, I do not want to just focus on about 1 a.m. Friday morning. That tion that when the Senate passes a the numbers. We should remember budget agreement had in it language budget on Friday of the legislative these nominees are not some sort of po- that said there would be $284 billion week, if on the Monday of the next litical prop. These are good people with spent on highways under this highway week, which amounts to the next legis- careers and commitment to public agreement. It also had language in it lative day, if that next Monday you are service, the quality and depth of which referencing something which is called a going to by unanimous consent, late in is enviable. reserve fund which essentially says if the afternoon, during wrapup, put for- Also, I note that a solid majority of legitimate offsets could be found, and ward a substitute which includes in it people agree strongly with the Presi- if they were determined to be legiti- a budget-busting expansion of spending dent’s position that he should pick mate by the chairman of the Budget with a euphemistic and illusory state- judges who strictly interpret the law Committee, then that number could be ment of offsets—self-serving, also, by rather than legislating from the bench, increased by the amount of those le- the way—if we are at all serious as a what the judges think the law should gitimate offsets. Congress about disciplining ourselves be. Ignoring this mandate, some in this Initially, when the bill was brought when it comes to protecting the Amer- body, spurred on perhaps by outside in- forward it was brought forward at $284 ican taxpayer relative to the rate of terest groups, are threatening yet billion. It was brought out of com- growth of the Federal Government and again to filibuster these judge nomi- mittee at $284 billion. On Monday dur- Government expenditures. It would ap- nees. ing the wrapup session, by unanimous pear that if this substitute is allowed We are now embarking on a dan- consent, that bill, which had already to survive in its present form, with this gerous area if we talk about changing been subject to a substitute, was hit additional money being spent, which the role of the judiciary in this society with another substitute that had 1,300 exceeds significantly what was agreed and blocking nominees because they pages in it. Within those 1,300 pages— to in a budget that was passed the day before, the answer to that question are going to stay with the interpreta- and they are not absolutely sure of this would have to be, regrettably, no, we tion of the law and not write law. I number yet—somewhere in the vicinity of $11.5 billion of new spending out of are not. think we should be thinking long and In addition to that problem, there is the highway trust fund. That in and of hard before we go with judges and give the issue of the President. Now, rolling itself was inconsistent with the budget a license for them to be more expansive the Budget Committee around here is resolution that had been passed last in their role in the legislating arena. sort of good entertainment, and it hap- Friday in that it was $11.5 billion over That is wrong. It is not in the Con- pens, unfortunately, too regularly. But stitution. It is not the division of pow- that resolution and was therefore out rolling the President of the United ers. We should have judges who strictly of kilter relative to the allocation States, and especially when the party interpret. That is what these nominees given to the committee, the Public of the President of the United States are about and much of the base of this Works Committee. decides to roll the President of the In addition, within those 1,300 pages fight is about. United States, is something a little which were submitted by substitute, by I urge my colleagues on the other more significant. The President has unanimous consent, on Monday night, side of the aisle to think about what said 284 is the number, the President one legislative day after the budget they will force in response by this tac- has said even if there are offsets, 284 is tic, and there will be a response to this had been passed, were representations the number and we are not going above tactic. I do not think it is wise for this that the offsets had been placed in to that number. Yet a bill is reported to body to move toward that route. pay for the $11.5 billion. There was no the floor that met that number with I thank the Chair for this time. I referral of those offsets to the Budget the clear, obvious understanding now yield the floor and yield back the re- Committee as was required under the that it was going to be gamed, that 284 mainder of time. law that had just been passed on the number was going to be ignored. And The PRESIDING OFFICER. The ma- prior legislative day in the reserve fund now we have a bill that is probably 295, jority time has expired. of that law. In fact, the offsets as rep- 296, maybe 300. We are just not sure. We f resented first were offsets which would are talking billions, folks, just to put apply to the general fund, not to the it in context. That is not $296. That is CONCLUSION OF MORNING highway fund, and therefore created a BUSINESS $296 billion, which is a lot of money. violation of the Budget Act. But second So the President has made it very The PRESIDING OFFICER. Morning were offsets which do not pass what we clear—he has made it clear in his press business is closed. might refer to as the ‘‘straight face’’ conference, his administration has f test. In other words, they were not le- made it clear, the director of OMB has TRANSPORTATION EQUITY ACT: A gitimate offsets. In fact, one of the off- made it clear, and in an agreement LEGACY FOR USERS sets which was referred to has been with the House leadership there was a used 14 times in the last 21⁄2 years—14 clear understanding the highway bill The PRESIDING OFFICER. Under times. Yet it was referred to with a would spend $284 billion, not $296 bil- the previous order, the Senate will re- straight face, although I am sure there lion, whether it was offset or not. Yet sume consideration of H.R. 3, which the was a smile behind it, as a legitimate that position of the President is clerk will report. offset. being—well, it is being more than ig- The assistant legislative clerk read It would be humorous were it not for nored. It is being run over by a bull- as follows: the fact that it adds a $11.5 billion bur- dozer or maybe a cement mixer or A bill (H.R. 3) to authorize funds for Fed- den to the taxpayers, which on the maybe a paver. But in any event it is eral-aid highways, highway safety programs, prior Friday we had said we were not being run over. And that seems a little and transit programs, and for other purposes. going to do to the taxpayers. So the bit inappropriate, slightly inappro- Pending: bill as presently pending under the sub- priate to me. Since the President has Inhofe amendment No. 605, to provide a stitute, as put forward on Monday decided to try to exercise some fiscal complete Substitute. night, the 1,300 pages which are so ex- discipline, it would seem that we as a The PRESIDING OFFICER. The Sen- tensive that CBO, which is the score- party that allegedly is a party of fiscal ator from New Hampshire is recog- keeper around here, has even had trou- discipline would follow his lead rather nized. ble figuring out what is in it, that bill than try to run him over. Mr. GREGG. Mr. President, the high- is presently in violation, or that sub- So you have two problems. You have way bill which is presently before us stitute is in violation of the Budget the problem of a Republican Senate

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9244 CONGRESSIONAL RECORD—SENATE May 11, 2005 running over a Republican President That is the way it got structured, so The PRESIDING OFFICER. The Sen- because we want to spend more I am left with very few options. ator from Oklahoma. money—or at least some Members of Mr. President, I reserve the right to Mr. INHOFE. I move to waive any the Senate do—and then you have the retain the floor for the purposes of dis- relevant provisions of the Budget Act Republican Senate running over the cussing with the leader of the bill the for the substitute and the bill. Republican budget because some mem- timing on this next vote. Is it the lead- Mr. GREGG. The yeas and nays have bers want to spend more money. Then er’s position that he would want to been ordered, as I understand it. you have this gamesmanship, I guess vote at 11:15? The PRESIDING OFFICER. The yeas would be the best term for it, which oc- Mr. INHOFE. Mr. President, in re- and nays have not been ordered. curred on Monday night when you take sponse to the distinguished chairman, Mr. GREGG. I ask for the yeas and 1,300 pages and throw it in under unani- yes, anytime after 11:15 and before 12 nays. mous consent and put in it language o’clock. The PRESIDING OFFICER. Is there a which raises spending by $11.5 billion Mr. GREGG. Well, I will make the sufficient second? There appears to be and has these proposed offsets which do motion now and then ask we be in a a sufficient second. not pass the straight face test. quorum call until 11:15. The yeas and nays were ordered. So you wonder about that and you Mr. INHOFE. I would rather not do it The PRESIDING OFFICER. The Sen- have to ask yourself where are we real- because I will make a motion to waive ator from Oklahoma. ly going if we can’t even discipline our- after the Senator makes the point of Mr. INHOFE. Mr. President, there selves on something like this. You have order. That is debatable and I would can be honest differences of opinion. to remember this bill did not start out like to make it. The way this has worked historically, at 284. It started out 2 years ago at, I Mr. GREGG. We can just set the vote and I have had the experience on this think it was 219, maybe it was 220, at 11:15 and you can debate it. type of legislation for 19 years now, is maybe it was 230. It was in that range. Mr. INHOFE. Sure. That is fine. that we come up with a bill. The bill Then last year, through another Mr. GREGG. Mr. President, I ask we came up with is based on a formula. sleight of hand dealing with the fund- unanimous consent that upon my mak- It is not a pork bill. It is a spending ing mechanism, we shifted—we didn’t ing the point of order, should the chair- bill because it is a spending bill on in- but some did—$15 billion or $18 bil- man make a motion to waive that frastructure for America. lion—I do not recall exactly—out of the point of order, that vote be at 11:15 My job, and the job of the ranking general account over to the highway with the yeas and nays being consid- leader, Senator JEFFORDS, is to come account claiming that there was no ered as being ordered. up with a bill that meets the infra- revenue impact, that this was an off- Mr. LAUTENBERG. Reserving the structure needs of America. Then we set, of course, putting an $18 billion right to object, will the Senator repeat look to the Finance Committee to help hole in the general fund in exchange the unanimous consent request? us to find the funds to finance it. I am for covering up with the extra spending Mr. GREGG. I am asking that we not about to pass judgment, as others in the highway fund. Then that, with a move to this vote at 11:15, but if the appear to be readily willing to do, to couple other manipulations, got us up cast disparaging remarks on the nature to this 284 number which means that Senator needs 5 minutes, we can make of the offsets or the nature of the prod- we are already in the hole on this bill it 11:20. uct of the Finance Committee. I know relative to the budget approximately Mr. LAUTENBERG. Make it 11:30. we came up with a good bill. It is one $18 billion before this next exercise of Then I would have no problem with it, that is not nearly as high, in terms of adding $11.5 billion on top of it. and we will try to use time as quickly It is my obligation, obviously—I end as we can. the amount of money that would be up drawing the short straw around here Mr. GREGG. I would ask that the spent, as the needs. In fact, it has been by some degree by being Budget chair- time be evenly divided. looked at and evaluated that if we are man, but it is an obligation I take on Mr. LAUTENBERG. Yes. No objec- to pass a bill, even at the $295 billion because somebody has to do it and it tion. over the 6-year period, of which 5 years should be done—to be sort of the per- Mr. INHOFE. Reserving the right to are remaining, that it would not even son who comes to the floor and says: object. maintain what we have today. What the heck are we doing? We pass a The ACTING PRESIDENT pro tem- I also want to correct something else budget on Friday which says we are pore. Is there objection? because the very distinguished chair- going to control spending, says we are Mr. INHOFE. For clarification pur- man of the Budget Committee is cer- going to limit highway spending to $284 poses, are we now talking about a vote tainly knowledgeable in all of these billion, and then on Monday in wrapup, at 11:30; is that correct? areas. He talks about being conserv- with 1,300 pages of obfuscation, there is The PRESIDING OFFICER. The Sen- ative and talks about doing these thrown in $11.5 billion of new spending, ator from New Hampshire. things in a proper and appropriate way. and thrown in are a lot of illusory and Mr. GREGG. Mr. President, I believe Well, I would challenge anyone to baseless offsets. What the heck are we I reserved the floor. match my conservative performance doing? The PRESIDING OFFICER. The Sen- and credentials, and yet I have always Well, in the context of what the heck ator from New Hampshire does have said that when one comes to this body are we doing, I have at least the right the floor. The Senator from New Hamp- there are two areas where conserv- to make us vote on this, at least the shire is recognized. atives are big spenders. One is in na- right to say to my fellow colleagues, if Is there an objection to the vote oc- tional defense and one is in infrastruc- you want to do it, do it in the open a curring at 11:30 with the time equally ture. That is what we are supposed to little bit. The way we should have done divided? Is there any objection to that be doing. We are supposed to be build- it, of course, was the way it was origi- restated request? ing the infrastructure and improving nally structured. There should have Without objection, it is so ordered. the infrastructure. been a straight up-or-down issue of The Senator from New Hampshire. This bill is not just any type of bill whether, A, this additional $11.5 billion Mr. GREGG. Mr. President, I make a that is coming along. This is a bill that was a good idea to spend over the budg- point of order that the pending sub- is a matter of life and death. We put to- et; or, B, properly offset. That is not stitute increases spending in excess of gether a formula to determine how the now possible to do. I admit the folks the allocation to the Committees on distribution between the States should who thought this out were creative and Environment and Public Works, Bank- take place. In that formula, one of the they structured it so that is no longer ing and Commerce. Therefore, I raise a elements is the mortality rate on the possible to do. It was possible to do on point of order against the amendment highways on a per capita basis. Now, if Monday until there was wrapup but not pursuant to section 302(f) of the Budget no one is concerned about the number possible to do now. Act. of lives that are lost, quite frankly my

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9245 State of Oklahoma has more lives lost majority of the construction season. So The PRESIDING OFFICER. Without on the highway than the average State. it is very important that we not con- objection, it is so ordered. Consequently, that is one of many de- tinue with extensions and that we get Mr. BOND. Mr. President, we are termining factors in a formula. The this bill passed. To do this, we already once again asking for the support of formulas have factors for the donee have a cloture motion in effect. We our colleagues to raise the contract au- States and the donor States, the num- need to get by this motion, and I think thority or budget authority in the ber of miles and, I might even add to we will be doing that. highway bill. We said we were going to my friend from New Hampshire, even I yield to the ranking minority mem- do this when we brought it to the floor. covered bridges. ber. Eighty of our Members voted in the This bill probably could be consid- The PRESIDING OFFICER. The Sen- Budget Act to allow the Finance Com- ered by most people as the most impor- ator from Vermont. mittee to come in with additional re- tant bill we will have this entire year. Mr. JEFFORDS. Mr. President, I rise sources, which they have done. There It is probably the second largest bill we today in support of manager’s package has been discussion about the legit- will have this entire year. It is one for the highway bill. imacy of the offsets and the Finance that lets us rebuild the infrastructure This package, which combines all Committee actions. The Joint Tax of America. We all have heard the sta- four titles of the Safe, Accountable, Committee has scored it. That is the tistics. There is no sense going over Flexible, Efficient Transportation Eq- authoritative view. It does not add to and plowing those fields again, but it is uity Act, increases funding for our the budget. The comments about this one also that is a huge jobs bill. highways and transit systems by $11.2 being a budget buster are absolutely I am not one to say that WPA—actu- billion. wrong. These funds are paying for the ally the WPA looks pretty good now I commend Senators GRASSLEY and money we add. after a few years, but I do not look at BAUCUS for putting together a package I will explain a little bit of com- Government as the ultimate employer. that not only increase the resources for plicated budgetary process. There are But when they talk about for each bil- our States but does not add to the Fed- two things called the obligation limit, lion of new construction it provides eral deficit. which is the amount that can be spent, 47,000 jobs, it is a huge jobs bill. It is One cannot drive this highway bill on the guaranteed amount. Traditionally, very significant. empty. Funding is its fuel, and we need we have put a higher number into the Many people are supporting this bill. to make sure this bill has a full tank bill for what we call budget authority, There are Democrats, Republicans, lib- when it leaves the Senate and heads to or what is called contract authority. erals, conservatives. As a conservative conference. That is because the highway depart- Republican, I wholeheartedly support The White House argues that the fi- ments cannot spend all of the money it. I support it at the higher level be- nancing of the manager’s package is that they contract, and to enable them cause I think that is what we are sup- based on gimmicks. to spend the $283.9 billion guaranteed posed to be doing. To that I say nonsense. spending proposed by the President we I am sure there will be those who If Senator GRASSLEY and Senator have to have a higher contract or budg- want to talk a little bit about the prod- BAUCUS tell me it is paid for, then I be- et authority number. uct of the Finance Committee. I know lieve them. This measure, which was added by the ranking member of my committee, Frankly, compared to the funding the Finance Committee and which is Senator JEFFORDS, wants to make a levels in last year’s highway bill, to- now subject to the point of order, was statement or two. We have between day’s package is modest. designed to raise, with a fully offset now and the next 25 minutes to discuss The President should be claiming amount, the spending so that we could this. I just want to assure my friend, victory and applauding our actions provide additional funds for badly the chairman of the Budget Com- rather than threatening a veto. needed State roads. mittee, I am very sincere, and I think This additional funding will mean we Let me be clear. This amount that we are doing the right thing. While I do can make more roads safer, make sure was added will enable us to bring all not always agree wholeheartedly with more Americans face less traffic, and donor States up to 92 cents on the dol- the President, I do 99 percent of the create more jobs. lar by the end of the period. It will also time. In this case, I disagreed last year. This additional funding benefits guarantee those States which are at Last year, when we came up with $318 every State, every city, every country the bottom of the list in terms of in- billion, we should have passed that. I and every town. This additional fund- creases to get at least a 15-percent in- believe the Finance Committee was ing makes all the world of difference. crease. It is imperative that those who sincere when they said we had this cov- I would yield the floor at this time joined with us in the 80-vote majority ered, and it was something that I sup- and offer the Senator from Arkansas to add the provision allowing the Fi- ported at that time. The President did such time as he desires to discuss the nance Committee now reaffirm that not support it. transportation bill. they believe this money is necessary. There are a lot of things we pass that The PRESIDING OFFICER. The Sen- The additional money, contract or I would like to debate and not pay for. ator from Oklahoma. budget authority, will not be spent, the This is not one of them. I feel very Mr. INHOFE. Mr. President, we do obligation limit will increase slightly, strongly that we should go ahead. want to hear from the Senator from but we cannot spend the money the Quite frankly, I do not think the num- Arkansas, but in fairness, we should go President said we should spend, the ber is high enough, but if this is all we back and forth. The chairman of the $283.9 billion, unless we increase the can cover, then I am happy with that. subcommittee, Senator BOND, wants to contract authority. Obviously, that’s The most important thing is we have be heard first. Does the Senator from lots of confusion but that is where we to have a highway bill. We are on our Vermont have an objection to that? are. sixth extension right now. The States Mr. JEFFORDS. That is fine. I urge my colleagues who understand, are wondering what we are doing. They The PRESIDING OFFICER (Mr. GRA- as the chairman and ranking member have no way of planning in advance. HAM). The Senator from Missouri. of the committee and my colleague They cannot plan for the next 5 years. Mr. BOND. How much time do we Senator BAUCUS on the committee un- All they can do is say: We have another have remaining? derstand, we have to have this money 6-month extension. What will we do for The PRESIDING OFFICER. Six min- for safety, for economic development, the next 6 months? Then we all miss utes for the proponents of the motion. for continued growth and the health of the construction season. In States such Mr. BOND. I ask that I be given 4 our economy. as that of my friend from Vermont, a minutes of that, allowing 2 minutes for I yield the floor and reserve the re- northern State, and the State of New my colleague on the other side of the mainder of our time for use by my col- Hampshire, we have already missed the aisle. league.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9246 CONGRESSIONAL RECORD—SENATE May 11, 2005 The PRESIDING OFFICER. Who way bill that addresses critical infra- stitute bill, with increased funding, is yields time? The Senator from Arkan- structure needs that are not currently completely offset or revenue-neutral. sas. being met; No. 2, we must produce a As a matter of fact, the bill contributes Mr. PRYOR. Mr. President, I rise to highway bill to spur economic develop- positively and substantially towards offer my support for the motion to ment and the creation of jobs. deficit reduction. As indicated in my waive the budget point of order and How is my time doing, Mr. President? statement yesterday, the administra- also to support the efforts of the Sen- The PRESIDING OFFICER. The time tion and the budgeteers should focus on ator from Oklahoma and urge my col- of the Senator has expired. deficit reduction rather than on the leagues to also support those efforts. Mr. PRYOR. I ask unanimous con- top-line spending number. The Senate This legislation is 2 years overdue. I sent for 2 more minutes. continues to offset legislation and, by am very pleased we are finally making Mr. GREGG. Mr. President, I yield so doing, exercises fiscal restraint, a some headway on getting this done. the Senator 2 minutes off of my time, fact being continuously ignored by Forcing our States to operate under even though he doesn’t appear to be some in this body. the uncertainty caused by short-term agreeing with me. Another point made is that provi- extensions is no way to govern. We are Mr. PRYOR. I will make it quick. I sions passed in the JOBS bill last Octo- now in the sixth extension, and it is thank the Senator for yielding the ber—sometimes referred to as FSC/ETI my hope that we are able to complete time. bill—signed by the President in Octo- our work in the Senate and complete No. 3, we must produce a highway ber, that somehow the provisions we the conference before the current ex- bill to increase the safety of our trans- had in that bill relating to fuel fraud tension expires at the end of the portation system for American fami- did not increase general fund receipts month. lies and, No. 4, we must produce a high- or even things dealing with other tax I also thank Senator INHOFE, Senator way bill that anticipates future needs. provisions did not increase general BOND, Senator JEFFORDS, and Senator I could go on and on about how im- fund receipts. I speak of acronyms that BAUCUS for their very hard work on portant it is for job creation, which we we used last fall that may not be famil- this bill and all the time they have talked about a few moments ago; about iar to people now that we are by that spent and their efforts in working in how much more congested our high- legislation. But we constantly talked such a bipartisan way. I also thank ways are today as opposed to 10 years about the ethanol provisions with the acronym, VEETC, volumetric ethanol Senator SHELBY and Senator SARBANES ago, and how congested they will be in on the hours they have put in on the 20 years from now. excise tax credit, and fuel fraud provi- transit portion, and I thank Senators I offer my support and encourage my sions that were enacted in the JOBS bill which other Members of this body LOTT and INOUYE, as chairman and co- colleagues to support the efforts of chair of the Commerce Committee Sub- Senator INHOFE and others as we go have alleged, and I quote here, ‘‘have committee on Surface Transportation through this very important legisla- made the highway trust fund healthier and Merchant Marine for their work on tion. by $2 to $3 billion annually only by def- inition, since merely moving around the safety portions of this bill. I yield the floor. Economic development is a very im- The PRESIDING OFFICER. The Sen- deck chairs has not changed the Fed- portant part of any infrastructure de- ator from Iowa. eral Government’s bottom line.’’ That is a serious accusation consid- velopment—we talked about that a lit- Mr. GRASSLEY. Mr. President, I ering how careful we were over a period tle bit this morning already—but not want to take this opportunity to re- of months last year not only to work at the expense of the safety of families. spond to the points raised to justify on the VEETC provisions to bring in This bill enhances the safety of our the budget point of order. The reason I want to do that now is because there money to the Federal Government that roadways. was fraudulently not being paid but As a member of the Commerce Com- are some things that are not clear also to make sure that we did it in a mittee, I was very happy to have the about this legislation. I tried to make fiscally sound way. opportunity to play a role in devel- them clear in my remarks yesterday, This is my answer to that accusation. oping the safety titles. It is good legis- but it is obvious that if they had been Last year the JOBS bill enacted eth- lation that will increase the safety of clear, there would not have been a anol and fuel fraud provisions that in- our highways for all Americans, and it budget point of order. creased projected receipts to the high- is bipartisan legislation, developed One of the points made by the chair- way trust fund by $17 billion during the with the input of safety groups, indus- man of the Budget Committee and period of the highway bill reauthoriza- try, the administration, as well as other Members of the Senate is that tion, 2005 to 2009. These provisions were State and local officials. the Senate highway bill is larger than also included in last year’s transpor- Every great nation in the history of the President’s request. It was alleged tation bill but had to be enacted in- the world has flourished because of im- that Senate authorizers ‘‘snuck in’’ a stead in the JOBS bill after it became provements to its infrastructure. If you change in their substitute, without a clear that we would not get a con- look at the great periods of develop- separate vote, to increase the bill’s ference agreement on the highway bill. ment and invention in the world, al- level of funding above $284 billion. Sen- That is an unfair accusation that most all of them have coincided with ate budget staff is correct that the somehow all this work that we went advances in transportation options, amendment on the Floor that is pend- through is just moving around deck whether it is safely moving people, ex- ing is larger in size than the bill re- chairs but has not changed the Federal panding trade, or increasing contact quested by the President. Senate lead- Government’s bottom line. Seventeen between cultures. My constituents re- ership, all authorizing committees, and billion dollars coming in during that mind me all the time about the impor- the Finance Committee were well period of time, $17 billion, some of tance of roads and relieving congestion aware of this fact and made a deter- which was being fraudulently avoided. and creating economic growth—vir- mination to offer a substitute amend- Congress had good reasons to enact tually every time I go to Arkansas. ment in excess of the President’s re- the ethanol changes in the JOBS bill. Last week when I was there, people quest. This makes perfect sense and, of These changes helped to pay for a large were asking me, when in the world are course, is in keeping with separation of bipartisan tax bill to provide tax relief you going to get the highway bill done? powers and the fact that the President, to domestic American manufacturing. Our constituents are very smart. As I under our Constitution, proposes and And these ethanol changes accom- travel the State I hear the same four the Congress, under the Constitution, panied other energy incentives in that things over and over, and I believe they disposes. bill that had overwhelming support of are right. They tell me the four things A majority of the Senate wishes to both Chambers and both parties. Be- we must accomplish in this highway provide more infrastructure resources cause of those ethanol changes, fuel ex- bill are, No. 1, we must produce a high- than the executive branch. The sub- cise tax receipts are now going into the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9247 highway trust fund. That means the general fund. The Joint Committee on should get off the fence and get some Federal highway program now has Taxation is the official scorekeeper for dirt under their fingernails, and I will more dollars available to it. It is just revenue provisions under the Congres- be happy to show them how to start common sense. That is how trust fund sional Budget Act. It is not the Senate the tractor. And I say this as a person accounting works. Budget Committee that is the score- who has been very loyal in my mem- It seems that some would now allow keeper; it is the Joint Committee on bership on the Budget Committee, as us to ignore those accounting rules. Taxation. Section 201(g) of the Budget well as being chairman of the Finance Some would like us to pretend that Act restricts the Congressional Budget Committee, because out of 48 amend- those new fuel tax dollars are not in Office in a manner in which it carries ments that were offered to destroy the the trust fund. You can’t change what out its responsibilities related to rev- budget that came out of the Budget are just plain facts of life. These funds enue legislation. Section 201(g) pro- Committee, I supported the chairman are in the highway trust fund. vides, in pertinent part: on 47 of the 48 amendments. This Congress should not pretend For the purposes of revenue legislation, Now, the suggestion was also made that a law enacted by a previous Con- which is income, estate and gift, excise, and that we have used these revenue raisers gress did not happen. We are not using payroll taxes, considered or enacted in any in the previous Congress. None of the fuzzy arithmetic or fuzzy accounting. session of Congress, the Congressional Budg- offsets included in the highway sub- We are not just moving deck chairs et Office shall use exclusively during that stitute have passed the Senate this around and not affecting the Govern- session of Congress revenue estimates pro- year as part of any other legislation. vided to it by the Joint Committee on Tax- ment’s bottom line. We are, in a very ation. During that session of Congress, such Even if that were the case, those addi- real way, affecting the Government’s revenue estimates shall be transmitted by tional anticipated revenues are avail- bottom line. And we are going to have, the Congressional Budget Office to any com- able until they are passed by both not only people who were avoiding pay- mittee of the House of Representatives or Houses and enacted into law. ing taxes paying those taxes, but we the Senate requesting such estimates, and There seems to be an additional con- are going to be able to have better shall be used by such committees in deter- cern that the offsets used in this bill transportation infrastructure, better mining such estimates. would not survive a conference with highways by what we are doing. We This, then, should put to rest this de- the House. As a person who worked for should not ignore standard fund ac- bate about whether these offsets that 8 years and 3 days—from when I first counting rules because a minority of are in my amendment and in Senator introduced the bankruptcy reform bill this Senate disagrees that taxes paid BAUCUS’s amendment—that is a bipar- to when the President signed the bill a on a gallon of ethanol should not go tisan amendment—are real. They have month ago—if I would have ever into the highway trust fund. been scored by the Joint Committee on stopped because a bill passed the Sen- The administration did not object to Taxation, the official scorekeeper ate but somehow didn’t get to the these provisions as part of the JOBS under the Congressional Budget Act for President, we would never have a bank- bill last October. The President signed revenue purposes. ruptcy reform bill. But we passed that that bill and now the administration’s I kind of think that maybe the Budg- bill seven or eight different times—the own transportation proposals rely on et Committee is living in an ivory conference report, plus original legisla- these new trust fund receipts that were tower. It is particularly troubling that tion through the Senate. How you get developed in a bipartisan way by the this nonsense attack—that the offsets things done in the Senate is by stick- Senate Finance Committee. The are not real—comes from a committee ing with it—just don’t give up. changes that we made in the JOBS Act that doesn’t have to do any of the And we are doing that here. We con- made good sense, common sense, but heavy lifting to find real offsets and tinue to close corporate tax loopholes that comes out also as good policy. real savings. But instead just find rea- the same way. People on the Budget They raised money for the highway sons to complain about some other Committee are finding fault that we trust fund. committee’s work. It must be nice to might pass the Senate and not get out We have every right—indeed, we have be able to just pick numbers out of of conference. That somehow means we every obligation to the people who pay thin air and try to claim the numbers are using a smokescreen. Let me sug- money into the road fund—to use those are real or, in this instance, somehow gest that on the JOBS bill last year, funds to improve America’s highways. not real, even though the Joint Com- which I have already referred to sev- If you don’t use trust fund money for mittee on Taxation scores it as rev- eral times in my remarks today, we highways or for other transportation enue-neutral, or better than revenue- passed through the Senate $39 billion of reasons, you should not be taxing it in neutral, as reducing the deficit. But it corporate tax loophole closers, and we the first place. But once it is taxed, is the Finance Committee, not the ended up out of conference with $24 bil- those people who are fraudulently not Budget Committee, that actually has lion of that $39 billion. I don’t think paying that tax are guilty and should to do the hard work of finding, negoti- that is such a bad track record. If it pay that tax. Our provisions do that. ating, and drafting the policies that had not been for the Senate and the bi- Another claim by the Budget Com- can pass the Senate and create these partisan approach of the Finance Com- mittee is that the Finance Committee real offsets. mittee, we would not even have those has not provided real offsets for in- Yesterday, I said 40 percent of the $24 billion of loophole closers—money creased burdens to the general fund. new funding is hard trust fund money. coming into the Federal Treasury. So My colleague from New Hampshire, Of course, the Finance Committee gets you cannot just stop. Because these chairman of the Budget Committee, no credit for that effort, no credit at offsets, whether they be fraudulent use suggests that our bill offsets, including all. It is a ridiculous charge. It is so of tax dollars, nonpayment in a fraudu- economic substance, are illusory. He is easy to throw rocks around here. How lent way of gas tax money or other concerned that these offsets, which about dealing with constructing policy loophole closers—in all of these cases were also passed during the last Con- instead of throwing rocks? I would like we have people finding ways to avoid gress, will be dropped in conference. to see some of that. paying their share of taxes that ought Now, the Joint Committee on Tax- The complaints we are hearing are to be paid. ation, as we all know—maybe some of from a committee that has no responsi- One has to keep at it. There is a con- us forget—is the official scorekeeper on bility to find real numbers, real offsets, stant game around here of lawyers, ac- tax matters in the Congress, not the or real savings. It reminds me of an ag- countants, and investment bankers Congressional Budget Office. The Fi- ricultural economist telling a farmer that like to game our Tax Code. It is nance Committee has provided tax law how to farm. I suggest that those who pretty hard to keep ahead of them, but changes that have been scored by the are sitting on the fence giving this I am determined, and Senator BAUCUS Joint Committee on Taxation as fully farmer—and I am an Iowa farmer— is determined, to keep ahead of them. offsetting any increased burden to the stewardship advice about how to farm So I am not going to have anybody tell

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9248 CONGRESSIONAL RECORD—SENATE May 11, 2005 me we are not legitimate when we pass of the hide of tax shelter promoters Mr. INHOFE. Mr. President, I say to things through the Senate that maybe and tax shelter participants, not out of the Senator from Iowa, the distin- cannot survive conference because the pockets of the honest middle-class guished chairman of the Finance Com- eventually they do survive conference, working men and women of America. mittee, what a great job they have and eventually they are signed by the This is not phony money, as maybe we done. We imposed upon them the obli- President. were led to believe. This is good tax gation or the duty of coming forth and The Senate cannot be subjected to policy. coming up with a way to pay for a the expectation of passage in the House In emphasizing that the Senate high- more robust bill. As I have said several as a standard for this body. The Senate way bill is bigger than that provided in times before, there are still other has to focus on what is possible in the the budget resolution, the following things we need to be doing, and even Senate, and differences will be resolved quote was used: ‘‘[i]t appears the Fi- with the action that has been taken, it and reconciled with the other legisla- nance Committee floor amendments in- is not enough, but I understand he does tive body during the conference proc- clude provisions quite similar to those now have it in a position where we are ess. general fund transfers that were in- not increasing the deficit; that this is As an additional point, I note it was cluded in last year’s Senate-passed bill. properly offset and I would almost be- Ways and Means Chairman BILL THOM- Such general fund transfers do nothing lieve those who oppose what he is doing AS, not the Senate Finance Committee, to offset the deficit effect of the in- are people who do not want the bill to who first proposed codification of the creased spending in that amendment.’’ start with. economic substance doctrine, which is I want to say why that is hogwash. The We have been inviting people to come the largest revenue provision added in Members of this body have indicated, down with their amendments. I see the the substitute bill. I would also like to and will vote their intent on this issue Senator from New Jersey is in the recite a little of the history of this in just a few moments, to spend more Chamber. I am anxious to get as many matter so we will not presume that than was included in the Senate budget people down as possible and would en- something maybe will not get through resolution. No procedural games, gim- courage those Members who have conference because maybe it did not micks, or end runs will be needed to amendments, keep in mind, the dead- get through conference last October, prove this point. As the distinguished line for filing amendments is now be- chairman of the Senate Budget Com- particularly when the chairman of the hind us and we are operating under clo- mittee indicated repeatedly during the House Ways and Means Committee ture right now. We need to have them budget process, if there are 60 votes for first brought up this issue. get down and not wait until the last something, then so be it, and clearly The Senate Finance Committee minute. more than 60 members of the Senate began its work on tax shelter legisla- I yield the floor. tion in 1999. During the years 2000 and are in agreement about this budget The PRESIDING OFFICER. The Sen- point of order. 2001, the Finance Committee released ator from New Hampshire. But we do take issue with the fact three discussion drafts to stimulate Mr. GREGG. What is the status of that we were accused of sending an public comment on the closing of cor- the time? amendment to this Floor for consider- porate tax shelters. None of these The PRESIDING OFFICER. The Sen- ation by 100 Members of the Senate drafts contains codification of the eco- ator has 131⁄2 minutes. that did nothing to offset the deficit ef- nomic substance doctrine that we are Mr. GREGG. And the opposition? fect of increased spending. The accusa- using in this amendment before the The PRESIDING OFFICER. No time. tion is purely false and purposely mis- Senate right now as an offset. In May Mr. GREGG. Mr. President, to re- leading. Our substitute amendment re- spond in part—and in whole, hope- 2002, the Finance Committee reported placed trust fund and general fund re- fully—to some of the points that have out the Tax Shelter Transparency Act ceipts and contributed substantially to been made here, let me begin by saying of 2002, which formed the basis for the the deficit reduction by more than $10 I have an immense amount of respect tax shelter disclosure rules enacted in billion. last fall’s tax bill. The Tax Shelter Finally, to those critics of the Senate for the chairman of the committee and Transparency Act did not contain codi- Finance Committee title, I reissue the for the Senator from Missouri, for the fication of the economic substance doc- challenge I put to them yesterday, that ranking Democrat on the committee, trine. obviously was not listened to. It is the the Senator from Vermont, a neighbor In July of 2002, a mere 2 months after same challenge from last year. If they who is retiring and who has done great the Finance Committee reported out do not like our Finance Committee service for our country and has decided its bill, Chairman THOMAS laid down title, come forward and tell us they do to relax and go back to a beautiful H.R. 5095, the American Competitive- not want any new money for their State. Of course, he is going to go to ness and Corporate Accountability Act State from this highway bill. Alter- New Hampshire to buy his goods be- of 2002. This bill would have repealed natively, if they want to keep their cause we don’t have a sales tax, by the the FSC/ETI regime and used the pro- State’s extra money, find another way way. The chairman does exemplary ceeds for corporate international tax to get there that will yield 60 votes. I work. He has been a tireless advocate, reform. It was also the first time the issued the challenge last year, I issued obviously, of trying to get this high- Ways and Means Committee dipped its the challenge yesterday, and I reissue way bill across the floor. toe into the waters of tax shelter clos- that challenge this very hour. Honestly, I thought the Budget Com- ing legislation. Now, I did not get any takers last mittee had done its job when we went H.R. 5095 parroted the disclosure pro- year, I did not get any takers yester- to the $284 billion number, which was a visions of the bipartisan Senate Fi- day, and I do not expect to get any tak- lot higher than where the President nance Committee-reported bill, but it ers today. So once again, it is easy to had started. I thought the President went one step further—it called for complain, but we are here to do the had done his job when he went to the codification of the economic substance people’s business and this amendment $284 billion number as a compromise doctrine. So where did folks get the that came out of my committee is the which was a lot higher than he started idea around here that somehow eco- people’s business—it is financially re- out. I think he was at $250 billion when nomic substance doctrine codification sponsible, doing things to close cor- he began this process. I thought we had is blue smoke, intended to mislead the porate tax loopholes, to be fair to mid- reached agreement. Then Friday morn- Senate into believing that something is dle-class working men and women, to ing at 1 a.m., when we passed the budg- revenue-neutral when it is not because get the job done basically of improving et, I was pretty sure we reached an this bill is revenue-neutral as scored by our highway and transportation infra- agreement. The agreement was $284 bil- the Joint Committee on Taxation. structure. lion. As an aside, I remind my colleagues The PRESIDING OFFICER. The Sen- Unfortunately, the amendment which that this additional money comes out ator from Oklahoma is recognized. showed up Monday night put a pretty

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9249 big hole in that budget—$11.5 billion. going to let you spend $30 billion more tion that a vote on this waiver issue As I have said earlier, we have to ask than I really want to spend in this should be tied into your vote on that ourselves, why did we pass the budget area,’’ but he has said—having made amendment issue is very hard to con- on Friday to have the effect on the that concession to our colleagues be- nect. In fact, the two pass in the night. next legislative day—the next legisla- cause he got pressure—we are going to There is no relationship between the tive day—to break the budget by $11.5 hold the line at $284 billion. That is it. vote that occurred in the budget debate billion. No more. and the vote on this waiver issue. The Senator from Missouri says it is We all know that highways are im- This waiver issue is very simple. The not a budget buster. I have to point out portant. We all know infrastructure is chairman of the committee has moved to the Senator from Missouri that yes, important. But we reached a con- to waive a budget point of order be- it is. That is what we are voting on. If sensus, first between the President and cause the bill as it is presently struc- it were not a budget buster, the Chair the House leadership. I agree, Senator tured spends more than the budget would not rule in my favor that it INHOFE did not sign on to that idea, that we passed on Friday night by $11.5 breaks the budget. That is what the other than to bring a bill out at that billion. It spends that much more than motion is. The motion is this violates number, but I agree, he is very forth- the budget passed. the Budget Act. right. He has always been committed The offsets, we believe, are illusory. I It violates the Budget Act on 2 to getting a higher number. But at presume the Finance Committee will counts. I am not taking the first count least within the context of the greater argue that they are not. But they have because that is a procedural battle. I party, the Republican Party, there was used them 14 times before, so I will am taking the second count, which is an agreement at $284 billion with the leave it to the body to decide whether the substantive battle, which is that President of the United States. And they are. this amendment violates the Budget then we confirmed that agreement last But independent of that issue, the Act because it exceeds the allocation Friday with the budget for which 52 offset issue, the simple fact is this to the committee by $11.5 billion. So it Republicans voted. amendment puts an $11.5 billion hole in is a budget buster. If it were not a I am not expecting any votes on this what was an agreed-to number relative budget buster, you would not have to issue from the other side of the aisle. to the allocation, relative to what was waive the rule, you know, so let’s not During the budget process they pro- going to be spent, relative to what the throw that straw dog out there. posed amendments which added $260 President thought was the under- And the offsets? I agreed with the billion to the budget, so clearly the standing, and relative to what we had chairman of the Finance Committee issue of controlling spending is not in our budget. when he came to the floor last night that high on their testing, on their I see the majority leader is here. I and said, and I will quote: schedule of agenda items. But it should yield the remainder of my time to the I also understand and agree with the House be on ours. We have a President of our majority leader. position that we should not mix general fund party say $284 billion is the number, The PRESIDING OFFICER. The ma- offsets and trust fund resources to that end. and when that has been agreed to by a jority leader. I agree with that. But, yet, this large membership of our party includ- Mr. FRIST. Mr. President, I know we amendment, this substitute, does ex- ing, I believe, the majority leader in will be voting here in a couple of min- actly that. It takes money out of the the Senate and the Speaker of the utes, but I did want to rise in support general fund, moves it over to the trust House, and when we confirm that of the Budget Act point of order fund, and then claims that the trust agreement by passing a budget that against the pending substitute to the fund spending is offset by very illusory says that is the number, we should stay highway bill. I do commend the chair- alleged revenue increases in the gen- with that number. It is what I would man of the Budget Committee, Senator eral fund, as I pointed out in my earlier call common sense and probably appro- GREGG, for raising it. statement. One of these revenue in- priate action. That is why it is impor- We do need to exercise fiscal dis- creases, the biggest one, has been used tant, I believe, that we hold this num- cipline in the Senate. This bill is a 14 times in the last 21⁄2 years—14 times. ber. good example. We all want to pass a How many times can you use a revenue I respond to one other sidebar rep- strong highway bill. It will benefit our increase? resentation here—because it needs to economy and will create millions of We all know it is not a real revenue be responded to but not because it is jobs across the country. As I have said offset. We all know it is going to be the essence of the debate—the question on the floor many times, it will con- dropped at conference. It has been of the amendment that passed when we tribute to safety on our highways. It is dropped at conference every time it were marking up the budget, which had long overdue. The previous bill, TEA– gets used; it gets used. It gets dropped, 80 votes, relative to how the additional 21, expired in September of 2003 and on but the spending goes on. So as a prac- highway spending would occur should six occasions we have had to pass ex- tical matter the offsets, from the additional highway spending be ap- tensions. The current extension expires standpoint of the Budget Committee, proved and be within the budget, called at the end of this month and we need do not plug the hole that is put in the a trust fund. That trust fund had, as to get this bill to conference as soon as budget, first because they do not apply part of its structure, that if there was possible, in my mind, so we can resolve to the trust fund which creates spend- to be additional spending over $284 bil- what differences exist between the ing beyond the committee’s allocation, lion, it would have to be offset and it House and the Senate bill and so the and second because they exceed the would have to come back to the Budget President can sign it as soon as pos- general fund—they will not occur. I Committee so the Budget Committee sible. guess that’s the best way to say it. could review it to determine whether It should be clear to all of my col- They are not going to happen. The off- the offsets were legitimate. That did leagues the path to getting a bill sets are not going to happen. not happen. The substitute occurred signed into law will be smooth only if Excuse me, I don’t want to be exces- Monday night. We never saw it. It took Congress stays within the spending pa- sive here: $700 million of the alleged us a long time to find it. It was 1,300 rameters that have been laid out by $11.5 billion we deem to be legitimate pages. People have been looking for a the budget resolution we passed last offsets. They will occur. long time to find out exactly what it month and by the President of the But, independent of that, inde- means. Even CBO is having a lot of United States who must ultimately pendent of whether this offset issue is trouble shaking it out. But we know we sign this bill. real or not, and it is not real, by the were never consulted on that number The budget resolution, as Chairman way, the President—he is a Republican, or how it was offset, which would have GREGG has noted, allowed for transpor- he was just elected—reached an agree- been the requirement under that re- tation spending over a 6-year period of ment with the House. He said, ‘‘I am serve fund. Therefore, the representa- $283.9 billion. We passed that budget

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9250 CONGRESSIONAL RECORD—SENATE May 11, 2005 resolution here in the Senate a couple Talent Vitter Warner well made. And by well made, I mean of weeks ago, on April 28. Thune Voinovich Wyden that the Chair would have ruled that In addition, the President of the NAYS—22 this amendment, this substitute, did United States has made it clear he will Allard Enzi Kyl and does violate the budget resolution. not sign a bill into law that spends Brownback Feingold McCain The reason it violates the budget reso- Chambliss Frist more than the amount provided for in McConnell lution, and I made this point earlier Coburn Graham Sessions the budget resolution—$283.9 billion Cornyn Gregg Sununu when I spoke, and I think I was accu- over 6 years. He made it clear publicly, Craig Hagel Thomas rate—in fact, I believe my comments DeMint Hutchison this morning were entirely accurate, privately, and in the statement of ad- Ensign Isakson ministration policy on this bill, which although they were represented to be clearly states: NOT VOTING—2 inaccurate, regrettably—let me reit- Should the obligation or net authorization Coleman Dayton erate them. This budget resolution levels that will result from the final bill ex- The PRESIDING OFFICER. On this point of order lay because we went ceed these limits the President’s senior ad- vote, the yeas are 76, the nays are 22. from a number of $284 billion—and this visers would recommend that he veto the Three-fifths of the Senators duly cho- is the essence of the issue here—which bill. sen and sworn having voted in the af- was the agreed number, $284 billion— Finally, I want to make clear that firmative, the motion is agreed to, and that is the number we agreed would be sustaining this budget point of order the point of order fails. spent on the highway bill—we went will not kill the highway bill. Another Mr. BOND. Mr. President, I move to from that number, under the sub- substitute would be offered that stays reconsider the vote. stitute, to a number of $295 billion- within the spending limits set forth in Mr. INHOFE. I move to lay that mo- plus. We don’t know the final number the budget resolution and by the Presi- tion on the table. because, quite honestly, there are so dent, just as the various titles reported The motion to lay on the table was many pages in the amendment even out by the different committees of ju- agreed to. CBO can’t catch up with it, but we risdiction did. The PRESIDING OFFICER (Ms. MUR- know it is at least $11.5 billion over the I am convinced we can pass a good KOWSKI). The Senator from Oklahoma. budget number, which was $284 billion. bill that addresses America’s infra- Mr. INHOFE. Madam President, the This number, $284 billion, was not structure needs, creates millions of vote that just took place is significant. only a number which had been agreed new jobs, and can be signed into law by We all realize that the Finance Com- to under the budget last week, it was a the President. We should move forward mittee has done their job. The Joint number that the President had said he to do just that. Tax Committee has verified that their wanted and on which the President had I yield the floor. work is good. They have found legiti- reached an agreement with the con- The PRESIDING OFFICER. All time mate offsets. It is easy to say there are gressional leaders, the Speaker of the is expired. not, but there are. While it is very House and the majority leader. So it The yeas and nays have previously much a concern to everyone in terms of was not a number pulled out of thin been ordered. The question is on agree- the budget and deficits, I am always air, nor was it a number that was not ing to the motion. The clerk will call ranked, certainly, as in the top five reached after a significant amount of the roll. most conservative Members of this consultation. It was, rather, a number The legislative clerk called the roll. body. I can tell my colleagues, I would which was reached after having consid- not vote for something that is going to Mr. MCCONNELL, The following Sen- ered what we could afford, what was ator was necessarily absent: the Sen- increase the deficit. This is not in- coming into the trust fund, what was creasing the deficit. ator from Minnesota (Mr. COLEMAN). going out of the trust fund, and what When we stop to think about what we Further, if present and voting, the could be afforded in this area of high- are supposed to be doing in Wash- Senator from Minnesota (Mr. COLEMAN) way construction. ington, we talk about a lot of silly pro- I think the representation was made, would have voted ‘‘yea.’’ grams, but the two most important unfortunately, by the chairman of the Mr. DURBIN. I announce that the things on which you might say I am a Finance Committee, that the Budget Senator from Minnesota (Mr. DAYTON), big spender are, No. 1, defense and, No. Committee was acting irresponsibly, is necessarily absent. 2, infrastructure. There is nothing essentially—and that is my character- The PRESIDING OFFICER. Are there more important that we will be voting ization; the words actually were a lit- any other Senators in the Chamber de- on this year than this bill. We all know tle stronger than that—when we raised siring to vote? the reality that we need to get this to the point of order, saying: Hey, listen, The yeas and nays resulted—yeas 76, conference, and it was necessary to we passed a number at the number $284 nays 22, as follows: pass what we just agreed to in order to billion, the President agreed with the [Rollcall Vote No. 118 Leg.] get it to conference. majority leader and Speaker of the YEAS—76 I understand Senators CORZINE and House that $284 was the number, and Akaka Dodd Martinez LAUTENBERG are ready to offer an therefore we should stick to 284. Alexander Dole Mikulski amendment. That is our job as a Budget Com- Allen Domenici Murkowski I yield the floor. mittee. I understand, certainly, the Baucus Dorgan Murray Mr. GREGG. Madam President, un- Bayh Durbin Nelson (FL) chairman of the Finance Committee Bennett Feinstein Nelson (NE) fortunately, I rise because I feel it is chairs the most powerful committee in Biden Grassley Obama necessary to respond to the statements the Senate by far. The Appropriations Bingaman Harkin Pryor Bond Hatch of the chairman of the Finance Com- Committee is competitive, but our ju- Reed Boxer Inhofe mittee which were made on this floor, risdiction, unfortunately, with the Reid Bunning Inouye Roberts both personal to me as chairman of the shift toward entitlement spending, has Burns Jeffords Budget Committee and to the staff of been lessened. It used to be the Appro- Burr Johnson Rockefeller Byrd Kennedy Salazar the Budget Committee, which I priations Committee had about 60 per- Cantwell Kerry Santorum thought was an unfortunate decision. cent of the Federal spending. Now it is Carper Kohl Sarbanes Earlier we had a vote on waiving a about 30 percent. Finance has about 50 Chafee Landrieu Schumer Clinton Lautenberg Shelby point of order relative to whether this percent of the Federal spending be- Cochran Leahy Smith substitute, which is pending, was con- cause it has all the major entitlement Collins Levin Snowe sistent with or is consistent with the accounts. Conrad Lieberman Specter budget we passed last Friday. Now, by But we recognize—I certainly do as Corzine Lincoln Stabenow definition that point of order would not chairman of the Budget Committee— Crapo Lott Stevens DeWine Lugar have to have been waived if it was not that the Finance Committee is one of

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9251 the two most powerful committees in As an ancillary to that discussion, we The chairman makes the point, and the Senate, of which the other one is did get into the issue of just what has it is a legitimate point, that he is a not the Budget Committee. Certainly happened in the history of this high- stick-to-it guy and he is going to get the Finance chairman has every right way bill. Yes, last year through the this someday no matter what, and he is to come to the Senate floor and remind JOBS bill there was a finessing of the going to stick to it no matter what. I us of that, as he did. But it really isn’t way money flows from account to ac- admire that. He is a stick-to-it guy. appropriate for him to come to the count around here, so that the highway His work on the bankruptcy bill has floor and suggest that we should not fund was given a lot more money at the been extraordinary. His work on a lot still do our job simply because we are expense of the general fund. I made ref- of bills around here has been extraor- not as powerful a committee as his; erence to that. dinary, and that is probably because he that our job should be basically we I didn’t mention ethanol, although is dogged on some of this stuff. When should stand out of the way and just be the response spent a lot of time on eth- he bites ahold of something, he stays nice little folks who stand in the cor- anol. In fact, I specifically didn’t men- with it, and that is impressive. ner, and when the budget is getting run tion ethanol because I know that tends But I do think when folks are sitting over by a powerful committee, just say: to incite some Members around here. I back in the office, thinking about how Hey, no, we don’t get involved in that just simply said last year about $15 bil- to pay for this thing, and they came up because we are not a powerful com- lion ended up being moved out of gen- with putting in the enterprise tax mittee. The Budget Committee was not eral fund activity, or being laid off on again after 14 attempts at using this structured that way. The Budget Com- the general fund, in exchange for giv- item, that they knew the likelihood of mittee was actually structured to be ing the highway fund an extra $15 bil- that happening was very slim. So I sort of a conscience around here, a fis- lion. And no matter how you account think it was reasonable to say that cal conscience of, What the heck are we for it, we end up $15 billion short. That number was illusory. But equally im- doing? is just the way it is. The money gets portant, the representation that the Yes, we only got 22 votes, which spent on the highway proposal, and so Joint Tax Committee is the final arbi- shows maybe our conscience isn’t all we are $15 billion short. ter of that question is something I be- that strong. But, in any event, we have The way it worked, to get specific, lieve has to be clarified, because that an obligation to raise the issues. So was that the subsidy to ethanol gaso- was the chairman’s position. when we raise those issues, I think for line, which is about 5 cents a gallon So I think I would like to know the the chairman of the Finance Com- which had been borne by the highway clarification of this. As chairman of mittee to come down here and say, in trust fund, was shifted over to the gen- the Budget Committee, I believe I have terms which were most aggressive and eral fund, so the general fund ended up the right to know whether Joint Tax or most intense, that the Budget Com- with about a $13 billion hit. The high- the Budget Committee is the final arbi- mittee was acting inappropriately and way fund ended up with a $13 billion ter of that because, as I understand it, its staff was acting inappropriately, I windfall, arguably. under section 201(f), which was cited by just think that is misdirected. It does Then there was about $2.5 billion the chairman of the Finance Com- understand, but it doesn’t acknowledge which historically had gone, since 1993, mittee, but not entirely: the fact that the Budget Committee ex- from the gas tax into the general fund, The Budget Committee of the Senate and ists. He is on the Budget Committee; I because under the 1993 agreement there the House shall determine all estimates with guess he knows it exists—as he men- had been an agreement that the gas tax respect to scoring points of order and with tioned. He has been a good supporter of would be raised—I think by 5 cents— respect to execution of purposes of this act. the Budget Committee. I have never and it was agreed at that time that I ask a parliamentary inquiry of the Chair: denied that. I have always said he was half of that would go to the highway Who is the proper scorer of points of a good supporter of the Budget Com- fund to build roads and the other half order relative to revenues and ex- mittee. I respect him. I think he is one would go to deficit reduction, and his- penses? of the best chairman around here, as I torically those moneys have stayed The PRESIDING OFFICER. The Sen- think this chairman, the chairman of there for deficit reduction or in the ator is entitled to an answer. Under the the Public Works Committee, is. I am general fund. So that money was taken Congressional Budget Act of 1974, ter- constantly impressed by what the Sen- out of the general fund and moved back mination of points of order section 312, ator from Oklahoma is able to do here. to the highway fund. It was probably a the Budget Committee determination He is good, and I admire that, as is the legitimate decision, but it did cost us for purposes of this title and title IV, chairman of the Finance Committee, $2.5 billion or thereabouts. So that is the levels of measuring budget author- and the chairman of the Finance Com- where the number came from. I think ity outlays, direct spending, new enti- mittee is not only very good but he it was an accurate statement. We were tlement authority, and revenues for works very hard, as the Senator from basically putting about a $13 billion fiscal year shall be determined on the Oklahoma, to be bipartisan, which I hole in the general fund in order to get basis of estimates made by the Com- think is important, too. I tried to do this bill up to the $284 billion level. mittee on the Budget of the House of that when I chaired an authorizing To go from the $284 billion level to Representatives or the Senate, as ap- committee. But still that doesn’t mean the $295 billion level, which again cre- plicable. that we should ignore the importance ated the point of order because that ex- Mr. GREGG. I thank the Chair for of this issue. ceeded the allocation, the Finance that ruling. I hope that clarifies that To get into the substance, to respond Committee reported a bill which rep- point and responds, I believe, ade- again to some of the points that have resented that they had offsets to pay quately to the points of the chairman to be responded to—I am sorry they for that difference. They said Joint Tax of the Finance Committee that might have to be responded to, but I do think had scored it that way. not be the case. they have to be responded to because First off, I said the offsets were illu- Let me summarize. We made a point the intensity of the argument that we sory. I believe they are illusory. But I of order, a motion to waive was were not accurate in raising this point also made the point that even if they brought forward, the chairman of the of order is such that to let it just sit are not illusory, it didn’t matter be- Finance Committee, and the chairman would be wrong. Again, I regret that I cause it still created the problem for of the Transportation and Public have to do this. the budget, which is that you exceeded Works Committee were successful by The point, to go back to the essence the $284 billion. But I think it is hard an overwhelming vote and we lost. of the issue, was that the budget set at to argue—and again I use the term it I do not think that should lead to the $284 billion the level of allocation for didn’t pass the ‘‘straight face test’’—to chairman of the Committee on Finance the highway bill. Under this amend- argue that an offset that has been used coming to the Senate and suggesting ment, that spending goes up to $295 bil- 14 times and failed 14 times is an offset the role of the Committee on the Budg- lion-plus. That was the point of order. that has much likelihood of success. et in making these points is in some

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9252 CONGRESSIONAL RECORD—SENATE May 11, 2005 way inappropriate or irrelevant, that Last summer, the Senate faced the exact Now that the bill has been increased by we should not take this effort to try to same pickle it does now. The Senate’s high- $10–$15 billion, a point of order applies enforce a budget—especially when we way spending appetite ($319 billion) was against the $295–$300 billion bill. (Last year, greater than the level of related federal reve- a 302(f) point of order was raised against S. passed the budget last week. nues dedicated to highways and transit at 1072 the Senate highway bill in the 108th I admire, as I said, the Finance Com- that time. The Finance Committee had in- Congress, but the Senate waived it by a vote mittee chairman a great deal. I am tended to pay for the additional spending of 72–24.) sorry this misunderstanding has oc- through a combination of (1) brand new reve- Authorizers potentially could avoid a 302(f) curred. But I do believe I have an obli- nues from those who had been avoiding gaso- point of order by employing the mechanism gation as chairman of the Committee line taxes (fuel fraud) and (2) shifting the in- established in section 301 of the 2006 budget on the Budget to at least speak up on cidence of revenues the government was al- resolution, which anticipated that transpor- behalf of my staff, who has done an ex- ready collecting (2.5 cents gas tax), or al- tation spending demands would exceed the ready not collecting (ethanol subsidy), be- levels allocated by the resolution. traordinary job under fairly difficult tween the general fund and the highway Section 301 says that if the Senate EPW, circumstances. trust fund (general fund transfers). Banking, or Commerce Committee (Trans- In that context, for a more historical To the extent that some proposed increases portation and Infrastructure Committee in perspective on the highway bill, since in highway trust fund spending were being the House) reports a bill (or amendment this was cited by the chairman of the justified on the concept of general fund thereto is offered) that provides new budget Committee on Finance, I ask unani- transfers (which do not constitute new rev- authority in excess of the budget resolution mous consent to have printed in the enue to the federal government), that spend- levels, the Budget Committee Chairman, ing would have been a pure increase in the may increase the allocation to the relevant RECORD the Informed Budgeteer state- federal deficit. Because of bipartisan concern committee ‘‘to the extent such excess is off- ment which is a budget statement sum- about such a deficit increase on the part of set by . . . an increase in receipts’’ to the marizing the history of the highway some of its members, the Finance Com- highway trust fund. Such legislation increas- bill. mittee committed to offsetting some of the ing receipts must be reported by the Finance There being no objection, the mate- general fund transfers with unrelated (to Committee. rial was ordered to be printed in the highways) revenue raisers. The Finance Committee once again has pledged to provide additional receipts to the RECORD, as follows: Such unrelated-but-real new revenues could have mitigated the deficit increase highway trust fund to support higher spend- INFORMED BUDGETEER that would have otherwise resulted from the ing on transportation programs, but the title As the May 31 expiration date of the latest component of higher trust fund spending of the bill reported by the Finance Com- extension of federal surface transportation rationalized by magically ‘‘augmented’’ mittee does not include any offsets. programs rapidly approaches, the pressure is trust-fund balances. However, when the high- It appears that the Finance Committee’s on the Senate to pass a reauthorization bill way bill failed to emerge from conference floor amendment includes provisions quite by the end of this month. The House passed last year, the fuel fraud and general fund similar to those general-fund transfers that its version of the bill (H.R. 3) last month. transfer provisions were lifted out of S. 1072 were included in last year’s Senate-passed The Senate bill is being considered on the and enacted separately in AJCA, without the bill. Such general-fund transfers do nothing floor, as the four committees with jurisdic- accompanying additional offsets that had to offset the deficit effect of the increased tion—Environment and Public Works (EPW), been promised by the Finance Committee. spending in that amendment. Banking, Commerce, and Finance—have It is true that the enacted fuel fraud provi- This year’s Senate floor debate on the each marked up their respective titles of the sions are now bringing a welcome $1 billion highway bill seems all too familiar, with bill. The Banking, Commerce, and Finance or so per year (that was not being collected proponents of higher spending on highway titles are added on the floor to the bill re- before) to the federal government and the and transit programs potentially considering ported by EPW. highway trust fund. But the enacted general options that would partially ‘‘pay for’’ a There are several different metrics that fund transfers have made the highway trust larger bill by rearranging paper entries on participants in the legislative process are fund ‘‘healthier’’ by about $2–3 billion annu- the government’s books rather than increas- using to evaluate this bill besides ‘‘how ally only by definition, since merely moving ing resources collected by the federal gov- much does each state get?’’—is it more than around deck chairs has not changed the fed- ernment—the same as last year’s debate. the President’s request, is there enough eral government’s bottom line. Now the Senate must decide whether to ‘‘money’’ in the highway trust fund, and does Nonetheless, because there is a new CBO allow history to be repeated, a mere two the budget resolution allow it? baseline and a new Congress, highway spend- weeks after it adopted a conference report on Bigger than the President’s Request? ing proponents in the Senate only seem to a budget resolution to enforce fiscal dis- The Senate-reported and House-passed bills notice that the highway trust fund will now cipline at agreed-upon levels. are, in total, both consistent with the Presi- support a higher level of spending than it did AN EMERGENCY, A SUPPLEMENTAL, OR AN dent’s FY 2006 Budget request of $284 billion six months ago (even though gasoline con- EMERGENCY SUPPLEMENTAL? for transportation programs for FY 2004–2009, sumption has not increased, and has prob- While the Senate debated the Iraq supple- reflecting the informal conference agree- ably decreased because of higher prices). mental two weeks ago, there was some con- ment reached, but not enacted, last year. They seem to forget that some of the spend- fusion about the effect of emergency des- End of story, right? . . . given this appar- ing that will be done on the strength of these ignations and the difference between regular ent coalescence around a $284 billion bill? general fund transfers was supposed to have and supplemental appropriations. Over the Because the Administration drew a line in been offset by real revenue increases. last four years, Congress has repeatedly ap- the sand most recently with a SAP threat- Bigger than the Budget Resolution? The proved funding outside the regular appro- ening to veto anything above $284 billion (as ‘‘reported’’ Senate transportation bill al- priations process in response to the wars in well as anything creating a new federal bor- ready exceeded the levels of contract author- Afghanistan and Iraq and the war on terror. rowing mechanism), the Senate leadership ity allocated for 2006 (for the Banking Com- The funding has most often been in an emer- insisted that the bill brought to the floor not mittee) and for the 2006–2010 period (for all gency supplemental appropriation. Though breech that level. The authorizers’ action, three committees) by the FY 2006 budget res- emergency designations and supplementals however, has only lived up to the letter, but olution just adopted. are often discussed as if they are inter- not the spirit, of that admonition. Senate How can that be if the 2006 budget resolu- changeable terms, they are distinct con- authorizers snuck in a change to their sub- tion assumes the $284-billion level? The over- cepts. stitute, without a separate vote, to increase simplified answer is that the budget resolu- Supplemental appropriations. A supple- the bill’s funding level above $284 billion. So tion assumed the stream of contract author- mental appropriation is simply an appropria- the bill before the Senate currently exceeds ity associated with the H.R. 3 as passed by tions bill other than the regular appropria- the prescribed level by $10–$15 billion. the House (because the House had completed tions bills that the Congress must consider Affordable from the Highway Trust Fund? its action, while the Senate had not finished each fiscal year (most recently there were 13 The latest CBO estimates indicate that rev- reporting as the conference report on the such regular bills; for 2006 there are 12 in the enue now credited to the highway trust fund budget resolution was being finalized). But Senate and 11 in the House). Neither a sup- is sufficient to support a $284 billion bill, the spread of the $284 billion across the years plemental bill nor all items in it are nec- mainly due to provisions in the American and over the different types of transpor- essarily designated as an emergency or even Jobs Creation Act (AJCA) of 2004 (P.L. 108– tation spending (highways, transit, and safe- intended for purposes alleged to be emer- 357), enacted in the closing days of the 108th ty) is different in the ‘‘reported’’ Senate bill, gencies. Simply providing funding through a Congress. But last summer the highway which means that the Senate bill does not fit supplemental appropriation does not trigger trust fund could not have supported a $284 an allocation based on the House bill. There- the ‘‘do not count’’ (for budgetary enforce- billion bill. How can the highway trust fund fore, a 60-vote point of order (under section ment) treatment that an emergency designa- all of a sudden have sufficient resources? 302(f)) applied against the ‘‘reported’’ bill. tion provides. Each item in a supplemental

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9253 must include an explicit emergency designa- forcement. Section 402 (and its predecessors its allocation (this is the case for fiscal year tion to receive ‘‘do not count’’ status. in the 2004 and 2005 budget resolutions) have 2005), the amendment or bill then faces a 60- Supplemental appropriations are required required that the report accompanying any vote 302(f) point of order. when, after the regular appropriations are bill with emergency spending to explain the Baseline treatment. While the concepts are enacted for the year, new events or informa- manner in which the spending is sudden, ur- not interchangeable, a commonality between tion requires adjustments to the previously gent, pressing, a compelling need requiring emergency spending and supplemental ap- appropriated amounts. Supplementals are immediate action, unforeseen, unpredictable, propriations is their treatment in the CEO also useful for purposes that are known to be unanticipated and temporary. To date, this baseline. Whether in a regular or supple- temporary because a supplemental provides requirement has been ignored. mental appropriation (and regardless of the a discrete and therefore optically severable However, whether the emergency point of presence of an emergency designation), every amount of money that could discourage order applies does not depend on whether discretionary spending item appropriated for those amounts from becoming part of and this reporting requirement has been fulfilled the current fiscal year is assumed by CBO to enlarging regular appropriations in future or on any evaluation of whether the emer- continue on, adjusted for inflation, in the years. gency item actually meets the criteria. In- subsequent fiscal years for baseline purposes. Emergency designations. Emergency des- stead, the emergency point of order auto- Statutory rules for constructing the baseline ignations are attached to individual ac- matically applies to any non-defense spend- mandate this treatment, and CBO has no dis- counts (and may even be attached to tax pro- ing item that has an emergency designation. cretion to pick and choose which discre- visions or direct spending items in author- Defense emergencies are exempt from the tionary items may be recurring versus a one- ization bills), and can be used in any appro- point of order. The existence of the point of time only expenditure. priations bill, either regular or supple- order allows any Senator to use the ‘‘eye-of- mental. When a provision is designated as an the-beholder’’ test to confront the rest of the The Budget Committees are not required emergency, the Budget Committee does not Senate with the issue of whether a non-de- to use the CBO baseline as the basis for con- count the spending in that line item against fense item meets the emergency criteria and structing the budget resolution. But in prac- the enforceable levels in the budget resolu- warrants an emergency designation so that tice, the Budget Committees use their dis- tion. Contrary to popular misconception, the it does not count for enforcement. cretion to adopt an alternate baseline in emergency spending still counts toward total If the point of order is raised against a only limited circumstances. Removing what federal spending and the deficit; it is only non-defense emergency designation in either the Committees view as temporary spending not counted for Congressional enforcement a pending bill or amendment, supporters of from the baseline is an instance where the purposes. the spending can move to waive the point of Committees occasionally make adjustments The appropriate use of an emergency des- order, which requires 60 votes. If the point of to the CBO baseline. However, CBO’s 2006 ignation in the Senate is most recently ar- order is sustained, the emergency designa- baseline (issued in March 2005) did not in- ticulated in section 402(b) of the Conference tion is struck and the spending in the bill or clude appropriations for Iraq and Afghani- Report on the 2006 Budget Resolution, which amendment is then counted against the stan because a 2005 supplemental has not is the source of the authority to not count 302(a) allocation and other appropriate lev- been enacted, so no baseline adjustment was emergencies for purposes of budgetary en- els. If the committee is already at or above necessary in this year’s budget resolution. TRANSPORTATION BILL COMPARISONS TOTALS FOR 2004–2009 [$ IN BILLIONS]

House Senate re- Senate Pres. FY06 passed ported passed budget (109th) (109th) (108th)

EPW—Highways ...... 227 225 226 256 Banking—Transit ...... 40 42 43 47 Commerce—Safety ...... 6 6 6 7 Subtotal, Contract Auth...... 273 273 275 310

Authorized Discretionary Transit BA ...... 9 11 9 10 Highway Emerg. Relief Supplemental ...... 2 n/a n/a n/a Advertised Bill Total ...... 284 284 284 319

In FY 2005, $2 billion was appropriated from the highway trust fund for the Federal-aid highway emergency relief program to provide funds to repair damage from the 2004 hurricanes and to clear the backlog of emergency relief pro- gram requests. The Administration includes this funding in its revised reauthorization proposal, but the House and Senate proposals do not. NOTE: Totals may not add due to rounding.

Mr. GREGG. Those points having borne on the backs of the highway ing amendment be set aside so the Sen- been made, I acknowledge defeat on trust fund. ate may consider amendment No. 606. this point. I admire, as I said, the We talk about the ethanol provision The PRESIDING OFFICER. There is chairman of the committee for being a which I opposed, but nonetheless we no amendment pending. successful chairman who knows how to had that, the Senator is right, and the f get things done around here. We may cost of that. If they want to pay for it, RECESS SUBJECT TO THE CALL OF disagree on occasion, but my admira- let them pay for it out of the general THE CHAIR tion for him certainly does not abate in fund. Why should the highway trust any way because of those disagree- fund be paying for policies? The PRESIDING OFFICER. The Chair declares the Senate in recess sub- ments. In fact, my respect grows. But And the same is true on the deficit do not expect we will disappear. We ject to the call of the Chair. reduction. I stood in the Senate at that Thereupon, at 12:02 p.m., the Senate were not wilting violets around here on time that took place saying I was for the Committee on the Budget. We will recessed until 1:02 p.m. and reassem- deficit reduction but not on the backs bled when called to order by the Pre- continue to try to make points on the of the highway trust fund. The reason I points of order we think are appro- siding Officer (Mr. DEMINT). say that is because I have considered The PRESIDING OFFICER. The ma- priate. this to be somewhat of a moral issue. jority leader is recognized. People go to the pump and they pay Mr. INHOFE. Madam President, be- f fore the chairman of the Committee on tax for gasoline. There is an assump- the Budget leaves, there are some areas tion, as wrong as it is, that money CAPITOL SECURITY THREAT where an honest disagreement can take should go to repairing roads and high- Mr. FRIST. Mr. President, we had a place. One is on the idea that if we try ways and bridges. I do disagree in that short recess for about an hour because to establish a policy in this country respect. of a security threat that, by now, has that addresses something that is an The PRESIDING OFFICER. The Sen- been covered well in the media. I wish emotional need or desire of any of ator from New Jersey. to take this opportunity to thank the these Members and it has nothing to do Mr. CORZINE. Madam President, I Capitol Police and the various assist- with transportation, that should not be ask unanimous consent that the pend- ants throughout the Capitol because

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9254 CONGRESSIONAL RECORD—SENATE May 11, 2005 when we have that sort of alert, which building by these wonderful men and a State that limits the amount of money comes very quickly, very unexpectedly women. that may be contributed to a political cam- while we are in session here, but at the The PRESIDING OFFICER. The ma- paign by an individual doing business with a same time this huge Capitol Building jority leader is recognized. grantee shall be considered to be in accord- ance with Federal competitive procurement with literally hundreds and thousands f requirements.’’. of people working in this complex hav- TRANSPORTATION EQUITY ACT: A Mr. INHOFE. May I inquire of the ing to stop and evacuate in an orderly LEGACY FOR USERS—Continued Senator about how long he will be tak- way is a real challenge. Mr. FRIST. Mr. President, due to the ing for his opening remarks? So I thank everybody, including our Mr. CORZINE. I thank the Senator recess, I ask unanimous consent that guests, because at the same time we from Oklahoma for his courtesy. I sus- notwithstanding rule XXII, all first-de- have all of us who are working here in pect that my statement will be some- gree amendments to the highway bill this Capitol structure, there are guests where in the neighborhood of 10 min- visiting throughout the Capitol. Every- must be filed at the desk no later than utes and Senator LAUTENBERG an addi- body left in an orderly way and in a 2 p.m. The PRESIDING OFFICER. Without tional 5 minutes. way that was safe and calm. As far as Mr. INHOFE. I ask unanimous con- objection, it is so ordered. I have heard in talking with the Ser- sent that at the completion of the re- Mr. FRIST. Mr. President, I suggest geant at Arms, there were no injuries. marks of the senior Senator from New the absence of a quorum. When you have that sort of rapid de- Jersey, the junior Senator be recog- The PRESIDING OFFICER. The parture, that is always a risk. nized. clerk will call the roll. Our Capitol Police, Sergeant at The PRESIDING OFFICER. Without The legislative clerk proceeded to Arms, and the Secretary of the Senate objection, it is so ordered. all responded in a way that we can all call the roll. The Senator from New Jersey is rec- be proud of. Most importantly, the of- Mr. INHOFE. Mr. President, I ask ognized. fending aircraft is now on the ground, unanimous consent that the order for Mr. CORZINE. Mr. President, I once and the pilot and whoever else was in the quorum call be rescinded. again thank the Senator from Okla- the plane are being questioned. The PRESIDING OFFICER. Without homa. Now I am happy to turn to the Demo- objection, it is so ordered. Before I begin, I echo the remarks of cratic leader. Mr. INHOFE. Mr. President, regular the majority leader and minority lead- Mr. REID. Mr. President, I am grate- order. er congratulating and thanking the ful that the distinguished Republican AMENDMENT NO. 606 TO AMENDMENT NO. 605 members of the Capitol Police for their leader would come to the floor of the The PRESIDING OFFICER. The efforts in protecting all of us, which Senate and acknowledge the people clerk will report the amendment that they so ably do day in and day out. It who look after us every day. The train- was sent up just before the recess. is a testimony to their forethought ing of our Capitol Police force is excep- The assistant legislative clerk read that we were so efficiently able to tionally good. I was with them, as was as follows: move from the Capitol and protect the distinguished Republican leader, The Senator from New Jersey [Mr. folks. We are blessed with their efforts. and I am amazed at their profes- CORZINE], for himself, and Mr. LAUTENBERG, I also thank the Sergeant at Arms and sionalism as they took us away. proposes an amendment numbered 606. the Secretary of the Senate for their I am an alumni of different univer- Mr. INHOFE. Mr. President, I ask efforts and look forward to saying sities, a proud lawyer, and a number of unanimous consent that the reading of ‘‘thank you’’ personally to all of the other things I have had the good for- the amendment be dispensed with. individuals involved. tune of working with over a number of The PRESIDING OFFICER. Without I think I have asked that the pending years, but I am an alumni of the Cap- objection, it is so ordered. amendment be set aside and we move itol Police. I am very proud of that. I The amendment is as follows: to amendment No. 606, if I am not mis- recognize that the work I did those (Purpose: To establish the effect of a section taken. Is that correct? many years ago as a Capitol policeman of the United States Code relating to the The PRESIDING OFFICER (Mr. ISAK- pales in comparison to the problems letting of contracts on individual contribu- SON). Amendment No. 606 is the pend- that face this beautiful building of the tions to political campaigns, and to require ing question. American people. the Secretary of Transportation to con- Mr. CORZINE. Mr. President, I rise sider State laws that limit political con- I am so confident that we have the today with my colleague, Senator LAU- tributions to be in accordance with com- best police force in the world here on TENBERG, who will be joining me in a petitive procurement requirements) Capitol Hill. They have to deal with minute, to offer an amendment to the After section 1703, insert the following: bomb threats and all kinds of chemical SAFETEA Act, S. 732. Our amendment problems. The Republican leader, who SEC. 17ll. LETTING OF CONTRACTS. addresses a serious problem where Fed- Section 112 of title 23, United States Code, is a doctor, worked through the an- is amended by adding at the end the fol- eral highway and mass transit con- thrax problem; I wasn’t involved with lowing: tracts are awarded by States, those sit- that. But they are experts at that. ‘‘(g) EFFECT OF SECTION.—Nothing in this uations where Federal money and They are aware of anything that is section prohibits a State from enacting a law State money are intermixed in con- going on in the world regarding ter- or issuing an order that limits the amount tracting administered by the State. rorism because of these evil people that an individual that is a party to a con- These contracts are often or can be in- from around the world. This is, if not tract with a State agency under this section fluenced, either by perception or re- the No. 1 target, one of the top targets. may contribute to a political campaign.’’. ality, by political contributions. The At the end of subtitle G in title I, add the I appreciate and commend and ap- following: Government contracting issue I am plaud the majority leader for coming SEC. 17ll. DUTIES OF THE SECRETARY OF speaking of is commonly known as here immediately and recognizing TRANSPORTATION. ‘‘pay to play.’’ these people who look after us every Section 5323(h) of title 49, United States To address this issue in situations day. Every day, we see them standing Code, is amended— where States administer these con- around doors, and they don’t appear to (1) by redesignating paragraphs (1) and (2) tracts with both Federal and State be working real hard, but it is on days as subparagraphs (A) and (B), respectively, money or where Federal money is ad- such as this that they earn their pay and identing appropriately; ministered by the State, Senator LAU- (2) by striking ‘‘A grant or loan’’ and in- over and over again. I am glad and TENBERG and I are offering this amend- serting the following: happy that I had the experience to be a ‘‘(1) IN GENERAL.—A grant or loan’’; and ment to allow States to set contracting Capitol policeman, and I look forward (3) by adding at the end the following: rules that limit campaign contribu- to continually being protected, along ‘‘(2) PROCUREMENT REQUIREMENTS.—The en- tions by contracting providers. This is with the American public, in this great actment of a law or issuance of an order by something that has been in Federal law

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9255 for over 50 years where there are tracting procedure, where Federal and is only Federal contracts that are straight Federal contracts. Unfortu- State funds have been misused. We had being awarded. The Government al- nately, there have been far too many a motor vehicle inspection contract ready bans pay-to-play for Federal con- cases across the country where in these where there was only one bidder. It was tracts that are awarded directly. circumstances businesses have made a cost-plus contract that ended up The Securities and Exchange Com- contributions to public officials or being over $200 million above cost. It mission, along with a municipal rule- campaign committees and then ex- ended up costing the Federal Govern- making board, prevents pay-to-play pected to influence the awarding of ment and the State a lot more than when Government bond issues are at Government contracts. It is not an at- was necessary. Again, it is a corruption stake—again, a contracting issue, not a tractive situation. tax. We have had other places—the EZ- campaign contribution rule. In fact, I Last year, two Governors lost their Pass toll collection system—where po- was instrumental and involved in this careers in public service due to pay-to- litically favored vendors were able to as an employer on Wall Street 10 years play scandals in their States. Other win no-bid contracts. It seems to me ago, to ban contributions from bond high-profile instances of pay-to-play we need to make sure we put competi- underwriters because it interfered too corruption have occurred across the tion on a level playing field. That is regularly with the overall process. Nation, particularly in my home State what this amendment is all about. We think we can make a difference. where, on a bipartisan basis, our State Fortunately, New Jersey and several These rules have worked when they legislators and Governors have reacted. other States, as I suggested, have, on a have been instituted. They certainly But this is not unique to New Jersey. It bipartisan basis, addressed this issue. have in the bond underwriting busi- has gone from New Jersey to Cali- It is about contracting law, however, ness, and they have Federal rules. The fornia, from Philadelphia to Los Ange- not campaign finance. It is setting the Federal Government is refusing to les and beyond. The problem is wide- rules for who has the ability to bid. Un- allow States such as New Jersey to spread and needs to be addressed. fortunately, the Department of Trans- enact similar contract reforms. I think Corrupt practices of pay-to-play have portation recently informed the State this is an important step going for- serious implications for the public. of New Jersey that these commonsense ward. They have the effect of limiting com- limits may not apply to highway or I want to clarify something about petition in many ways because those mass transit contracts that use Fed- this amendment. We are not estab- who give political contributions then eral funds. The Department of Trans- lishing a Federal pay-to-play rule in get the edge on those who might want portation argued that it might limit Federal highway contracting. Some of to compete to do the business. They competition when, in fact, I do not un- the opponents would have you believe often reduce the quality of infrastruc- derstand how limiting the amount of a that. Those rules are already set by the ture projects—I will talk about a cou- campaign contribution has anything to Federal Government. It is merely re- ple of situations that we see, particu- do with whether someone is going to specting the rights of the State to es- larly in my home State—and they qualify to participate in a contracting tablish and maintain their own State lower the confidence of the public in bid. The State is now seeking an in- contracting practices. It only impacts elected officials and in public service in junction in the Federal courts and contributions to State-level can- general. there will be all kinds of litigation didates, not Federal-level candidates. Finally, and most important—this about this over a period of time. Federal campaign finance laws are in certainly is the case in my State—they Whether it gets overruled or not, I no way affected. raise the cost of doing business for the think it is appropriate to institute the This commonsense measure has the government and ultimately to the tax- possibility that, if a State legislature support of a number of groups that payer. wants to take the stand that they work to protect the integrity of gov- This practice is often more like le- would like to set rules for contracting, ernment spending: Public Citizen, galized bribery than I think any of us on contracts they administer, they Common Cause, the Brennan Center for would like to admit, and it results in a have the ability to do it. Justice. corruption tax that all citizens end up I think this is important, both for I ask unanimous consent to have let- bearing. So I think there is a reason to promoting competition but also for en- ters of endorsement from these groups make sure that we act. suring that there is clarity and con- printed in the RECORD. I regret to say this disease has really fidence in the public bidding process, There being no objection, the mate- impacted my State of New Jersey. It is not only in my State but in a number rial was ordered to be printed in the something that, unfortunately, has in- of other States which have also bought RECORD, as follows: fected both sides of the aisle in the into these kinds of rules. It is really a THE CAMPAIGN LEGAL CENTER, State, both parties. It really needs to cross-section across the country in var- Washington, DC, May 5, 2005. be addressed. ious places. Re Safe-TEA/TEA-LU Highway Bill and the Just last month, dozens of local pub- I have here a series of States—Illi- Government Contracting Reform Amend- lic officials—and I mean dozens, both ment nois, Kentucky, Ohio, West Virginia, DEAR SENATOR: The Campaign Legal Cen- Democrats and Republicans in one of South Carolina—a number of places. ter strongly urges you to support the Gov- our counties—were indicted for solic- These are States, as shown in the light ernment Contracting Reform Amendment to iting or taking bribes from people green, that already have bills before the Safe-TEA/TEA-LU Highway Bill, which doing business with their towns, and it their State legislatures. There are an protects the right of states to enact and en- was often in conjunction with political enormous number of local jurisdictions force ‘‘pay to play’’ laws. contributions. Sadly, New Jersey tax- that have also done it: Los Angeles, For more than 50 years federal law has pro- payers have been hit with this hidden hibited political contributions to federal San Francisco, Oakland, Chicago—24 candidates from federal government contrac- corruption tax, higher costs of doing jurisdictions in my own State of New tors. In recent years, state and local govern- business in our State, and I think it Jersey. ments around the nation have followed Con- needs to be moved against. We think this is an important States gress’ lead by enacting similar ‘‘pay to play’’ Our Governor, with bipartisan sup- rights issue. We should be able to enact laws to protect the integrity of the procure- port in both Houses, was able to insti- laws that fight corruption without in- ment process. tute a serious pay-to-play ban that re- terference from the Federal Govern- The right of states to enact and enforce quires that any political contribution ment. I hope we will look at this in a ‘‘pay to play’’ laws has recently come under be less than $300 from anyone who threat. Late in 2004, the Federal Highway context that we want to make sure Administration determined that a New Jer- wants to do business with the State. It that what would work in those indi- sey State Executive Order limiting the size is a straightforward, easy situation. vidual States is actually attended to. of political contributions from government Honestly, time after time we have Banning pay-to-play is consistent contractors to state candidates violates fed- had the public trust broken in this con- with current Federal practice when it eral law competitive bidding requirements,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9256 CONGRESSIONAL RECORD—SENATE May 11, 2005 established by 23 U.S.C. § 112, for state high- state transportation department with estab- Act of 2005 stating that ‘‘[n]othing in this way construction contracts involving federal lishing the criteria of responsibility. 23 section may be construed to prohibit a state funds. C.F.R. § 635.114(a). from enacting a law or issuing an order that This Federal Highway Administration ac- Several recent scandals regarding govern- limits the amount of money an individual, tion affects not only New Jersey, but also ment contracting in New Jersey prompted who is doing business with a state agency for threatens enforcement of similar ‘‘pay to New Jersey to establish a criterion of re- a federal-aid highway project, may con- play’’ laws in Kentucky, Ohio, South Caro- sponsibility for government contracting, tribute to a political campaign.’’ For all the lina and West Virginia. Further, the High- which prohibited the state from contracting reasons discussed above, we urge you to way Administration action curtails the right with an entity that has contributed to a can- adopt the amendment to ensure that federal of other states around the nation to enact didate for or holder of the office of Governor, highway funding provisions are not wrongly their own ‘‘pay to play’’ laws. or to any State or county political party interpreted to permit interference with state The Government Contracting Reform committee, within certain time frames. See efforts to both prevent corruption or the ap- Amendment sponsored by Senators Corzine New Jersey Executive Order 134 (September pearance thereof and restore public con- and Lautenberg amends 23 U.S.C. § 112, which 22, 2004). The executive order explicitly stat- fidence in its government. establishes the competitive bidding require- ed that ‘‘the growing infusion of funds do- Sincerely, ment for contracts involving federal highway nated by business entities into the political SUZANNE NOVAK. funds, to state that ‘‘Nothing in this section process at all level of government has gen- prohibits a State from enacting a law or erated widespread cynicism among the pub- PUBLIC CITIZEN, COMMON CAUSE, issuing an order that limits the amount that lic that special interest groups are ‘buying’ PUBLIC CAMPAIGN, DEMOCRACY 21, an individual that is a party to a contract favors from elected officeholders.’’ Id. Courts CENTER FOR CIVIC RESPONSI- with a State agency under this section may have recognized that contributions from gov- BILITY, contribute to a political campaign.’’ ernment contractors present a severe risk of April 28, 2005. Similarly, the Government Contracting engendering corruption or the appearance of Re Safe-TEA Act of 2005 and the Corzine pay- Reform Amendment amends 49 U.S.C. § 5323, corruption, and thus have generally upheld to-play amendment. which establishes general provisions for the ‘‘pay to play’’ contribution bans. See, e.g., DEAR SENATOR: Next week you will be con- award of contracts involving mass transpor- Blount v. SEC, 61 F.3d 938,944–48 (D.C. Cir. sidering the ‘‘Safe, Accountable, Flexible, tation funds, to make clear that state ‘‘pay 1995) (upholding constitutionality of SEC and Efficient Transportation Equity Act of to play’’ laws ‘‘shall be considered to be in regulations that prohibit municipal finance 2005’’ (Safe-TEA Act). Public Citizen, Com- accordance with Federal competitive pro- underwriters from making campaign con- mon Cause, Democracy 21, Public Campaign curement requirements.’’ tributions to politicians who award govern- and the Center for Civic Responsibility urge State laws restricting political contribu- ment underwriting contracts); Casino Ass’n the Senate to adopt the Corzine ‘‘pay-to- tions from government contractors are con- of Louisiana v. State, 820 So. 2d 494 (La. play’’ amendment to the bill respecting sistent with, and advance the purposes of, 2002), cert. denied, 529 U.S. 1109 (2003) (up- states’’ rights to address the problem of cor- the federal law contracting requirements for holding ban on contributions from riverboat ruption in government contracting. highway and transit funds. Competitive bid- and land-based casinos); Gwinn v. State Eth- Sen. Jon Corzine’s amendment proposes ding requirements, and reasonable restric- ics Comm’n, 426 S.E.2d 890 (Ga. 1993) (uphold- that a sentence be included in the Safe-TEA tions on contributions from contractors who ing ban on contributions by insurance com- Act, as was done in the House version of the do business with the government, both ad- panies to candidates for Commissioner of In- bill, allowing states to implement a very vance the government’s interest in avoiding surance). narrow and limited reform of government real and apparent political corruption and Recent action by the Federal Highway Ad- contracting procedures: restricting potential preserving the integrity of the contracting ministration, however, has threatened to government contractors from making large process. strip New Jersey and other states of their ca- campaign contributions while negotiating a We urge you to support the Corzine-Lau- pacity to determine criteria of responsi- government contract to those responsible for tenberg Government Contracting Reform bility, undermining legitimate state efforts awarding the contract. Amendment to the pending Safe-TEA/TEA- to protect against corruption, or the appear- Known as ‘‘pay-to-play,’’ many state and LU Highway Bill, to protect states’ rights to ance thereof, in government contracting. local governments are being burdened by the enact and enforce ‘‘pay to play’’ laws. The FHA took the unprecedented position all-too-common practice of a business entity Sincerely, that it would not authorize federal funds for making campaign contributions to a public MEREDITH MCGEHEE, use in New Jersey transportation contracts official with the hope of gaining a lucrative PAUL S. RYAN. because of Executive Order 134. The FHA government contract. This practice of at- took this position even in light of the scan- tempting to skew the awarding of govern- BRENNAN CENTER FOR JUSTICE dals in New Jersey, and despite the facts ment contracts in favor of large campaign AT NYU SCHOOL OF LAW, that (1) all bidders would have notice of New contributors has taken a serious toll on pub- New York, NY, April 27, 2005. Jersey’s responsibility criteria and (2) con- lic confidence in state and local governments Re Safe-TEA Act of 2005 and the Corzine pay- tracting awards still would be granted to the across the nation. to-play amendment lowest bidder. The State of New Jersey is Last year, two governors in one week— U.S. Senate, challenging the FHA’s position in court. In Gov. George Ryan of Illinois (once consid- Washington, DC. the meantime, however, New Jersey was ered for a Nobel Peace Prize) and Gov. John DEAR SENATORS: I write on behalf of The forced to rescind much of its executive order Rowland of Connecticut—lost their careers Brennan Center for Justice to support Sen- since it, like most states, significantly relies in public service due to pay-to-play scandals. ator Jon Corzine’s ‘‘pay-to-play’’ reform pro- on federal funding for many of its transpor- A trial is currently underway in the City of tection amendment to S. 732, the ‘‘Safe, Ac- tation contracts. No state should be forced Philadelphia concerning corruption charges countable, Flexible, and Efficient Transpor- to compromise legitimate and well-grounded in the awarding of government contracts tation Equity Act of 2005.’’ Since its incep- efforts to protect the integrity of its govern- with some members of Mayor John Street’s tion in 1995, the Center’s Democracy Pro- ment in order to receive federal transpor- administration. Similar scandals have re- gram has been working in the area of cam- tation funds. cently racked California, Hawaii, New Jer- paign finance reform on federal, state, and The FHA’s position could also undermine sey, and the City of Los Angeles. local levels. We believe that the amendment the FHA’s goal of awarding contracts only to Unfortunately, the Federal Highway Ad- is important for ensuring that states main- responsible bidders and may risk actual, or ministration (FHWA) has decided to make it tain the flexibility to choose effective tools the appearance of, corruption in the process difficult, if not impossible, for states to ad- for protecting the integrity of government of choosing bidders. Without rules prohib- dress this serious problem. For example, the contracting. iting ‘‘pay to play’’ arrangements, states FWHA has decided to punish New Jersey for Systems for government contract bidding may deem entities ‘‘responsible’’ not because reforming its contracting system by with- have long sought to satisfy the laudable and they have displayed any objective character- holding federal highway funds from the compatible goals of contracting with low- istics of responsibility, but rather because state. We believe you will agree with us that cost and ethical bidders. For example, cur- they have made contributions to government this federal intervention is unjustified and rent federal law regarding state transpor- officials. Federal ethical standards should counterproductive. That is why we urge you tation projects that use federal money pro- provide a floor beneath which a state may to support language that makes clear that vides that ‘‘[c]ontracts for the construction not go, but federal law should not be used to states have the right to ensure that their of each project shall be awarded only on the restrict a state from implementing stricter contracting procedures conform to the high- basis of the lowest responsive bid submitted ethical standards that it deems necessary to est ethical standards and offer the best value by a bidder meeting established criteria of protect the integrity of its government. for taxpayers. responsibility.’’ 23 U.S.C. § 112(b)(l) (emphasis Senator Corzine’s amendment proposes New Jersey Gov. Richard Codey reluc- added). Federal law expressly charges the that a provision be added to the Safe-Tea tantly suspended the state’s pay-to-play

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9257 rules for competitive bid contracts pending In my view, this is an imperative alarming to me to see this amendment the outcome of a court challenge to the step to allow States to have better con- from the New Jersey Senators that will FHWA decision. [New Jersey v. Mineta] trol and more transparency and hon- exempt them from complying with ‘‘This is a temporary measure forced on us esty in their contracting processes. I Federal regulations. In my State there by the federal government,’’ Codey said. ‘‘I are a lot of things our chosen Rep- am not happy about it. In making this nec- think it will move to save money for essary, the federal government is dead our States and put in place a greater resentatives, the people who serve Mis- wrong, but I cannot jeopardize nearly $1 bil- sense of credibility for the public when souri in the Missouri General Assem- lion in federal transportation funds.’’ it deals with its oversight of public bly, choose not to do. There are various The FHWA has placed itself in the odd po- contracting. I think we owe the tax- mandates that impose burdens on our sition of imposing its preference for a disclo- payers this, and I urge my colleagues State that will limit its ability to get sure-only regime on states and localities to support the Corzine-Lautenberg funds. If we are going down the road of that have decided a stronger pay-to-play pol- exempting our States from mandates of icy is necessary to address their problems of amendment. We should join the House, in my view, in instituting this ability the Federal Government on Federal corruption in government contracting. As highway aid dollars, I think the Mis- the FHWA memorandum opines: ‘‘. . . the for States to control their own con- disclosure of lobbying and political contribu- tracting process. souri General Assembly and the Mis- tion efforts for the year preceding a contract I yield the floor. souri Governor would pass along to me bid is a reasonable means to meet the DOT’s I understand my colleague, Senator quite a number of mandates they wish Common Rule requirement that the city as- LAUTENBERG, along with our other col- to have taken off of their backs. sure that its contract award system per- leagues who left the Senate at the time We just passed another mandate to forms without conflict of interest. This is of the recess, will be returning to speak take $900 million out of the highway distinct from a provision that actually ex- to this amendment. I will yield the trust fund to pay for storm water im- cludes those making otherwise legal con- provements for local governments. I 2 floor, but I would appreciate it if we tributions from competing for a contract.’’ think that is an unfortunate mandate; Many state, local and non-governmental could reserve the right of Senator LAU- it was adopted by a very close vote. I jurisdictions strongly disagree with the TENBERG, upon his arrival, to come FHWA: disclosure is necessary but not suffi- back and be next on the queue to hope we will be able to revisit it. But cient to end actual or apparent corruption in speak. when you start exempting a State from government contracting. Instead, New Jer- The PRESIDING OFFICER. Is the the competitive bid contracts to allow sey and four other states, the federal govern- Senator asking unanimous consent in a them to impose their own campaign fi- ment and the Securities and Exchange Com- nance laws through the Federal high- mission, along with dozens of local jurisdic- formal request? Is there objection to the Senator’s re- way aid system, that, to me, does not tions, have opted for a narrowly-tailored sys- seem to be a proper use of the Federal tem of contribution restrictions on govern- quest to allow Senator LAUTENBERG the highway tax dollars. We have a right to ment contractors, in addition to disclosure ability to speak when he returns to the requirements, as a more effective means to Capitol? expect that we get the best bargain for curtail pay-to-play abuses. Mr. BOND. I would amend that re- the money and that is through com- Sen. Corzine has introduced the pay-to- quest to say, when I am finished speak- petitive bids. play protection amendment before you this This amendment, as I read it, limits ing, Senator LAUTENBERG may speak. week, which would add to the Safe-TEA Act: competition and changes the current The PRESIDING OFFICER. Is there ‘‘Nothing in this section prohibits a State Federal process. Political contribu- objection? Is there objection to the re- from enacting a law or issuing an order that tions have absolutely no effect on the quest as modified? Without objection, limits the amount that an individual that is selection of Federal aid highway a party to a contract with a State agency it is so ordered. projects because, unless otherwise ap- under this section may contribute to a polit- The Senator from Missouri. proved by the Secretary, construction ical campaign.’’ Mr. BOND. Mr. President, there are a projects are awarded only on the basis Pay-to-play restrictions are far from dra- number of things that need to be of the lowest responsive bid that meets conian measures. They are a narrow remedy cleared up as we consider this amend- that focus exclusively on a specific problem. the established criteria, based on the ment. First, the Senator from New Jer- Pay-to-play restrictions are easy for the State’s department of transportation sey has mentioned that several States business community to live with—the SEC’s engineering estimates. Rule G–37 championed by former SEC Chair have their own pay-to-play restric- Very simply put, unless the Sec- Arthur Levitt, which served as a role model tions. But according to the Federal retary of Transportation waives it, you for New Jersey’s pay-to-play policy, has not Highway Administration, those States resulted in draining the pool of bond bid- have to take what the State Depart- are ones that are restricting contribu- ment of transportation has put to- ders—and pay-to-play restrictions are lim- tions where there are not competitive ited in scope and constitutional. gether in its request for bids, and make The Federal Highway Administration may bids. They are talking about no-bid the best bid complying with that, that believe it knows better than the states how contracts. is responsive, at the lowest price. to address their problems of actual and per- I do not doubt that New Jersey has That does not offer opportunities for ceived corruption in government con- had problems with no-bid contracts. I corruption. There may be people in tracting, but the FHWA has not yet had to will leave it to my colleagues to dis- New Jersey and other States who find suffer the consequences of corruption scan- cuss some of those problems. What we other ways to corrupt the system. I do dals that the states have faced. The Senate are talking about is changing the com- should join the House and include this not deny that. I think they should be petitive bid system so that one State punished. But there is no reason, in my amendment to the Safe-TEA Act of 2005 al- can opt out of a mandate that the Fed- lowing the states the authority to assure view, to repeal the competitive bid their citizens that contracts are awarded on eral Government has imposed. That standards. If States want to regulate merit. mandate is, when using Federal aid to their State projects by limiting com- For more information, please contact highway dollars, you have to bid it petition, by all means, they should be Craig Holman, Public Citizen, at 202–454–5182. competitively because when we as na- free to do it. Respectfully Submitted. tional taxpayers are funding projects, If it is a State contract, States can Mr. CORZINE. Mr. President, I also then we have a right to see that they put in anything they want. There are want to note the House of Representa- are done on a competitive-bid basis, to other States, as I mentioned earlier, tives included a similar measure in its make sure that the Federal taxpayers that currently have pay-to-play laws in version of the Transportation bill. It get the best bargain for their money. place, but there are four States that was a bipartisan amendment sponsored The name of my colleague, the other have pay-to-play laws, two of which— by New Jersey colleagues, FRANK LOBI- Senator from New Jersey, is attached Ohio and South Carolina—only apply ONDO, a Republican, and BILL PAS- to the amendment. I find it interesting to no-bid contracts having no effect on CRELL, a Democrat. This was passed that his reputation is one of sanc- highway and transit projects because unanimously, the same language, by tioning and penalizing States that do these are let under the competitive the House. not conform to Federal laws, so it was low-bid method.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9258 CONGRESSIONAL RECORD—SENATE May 11, 2005 I believe the Senators from New Jer- to this because it is an additional step are sanctions against those who would sey think they are being singled out by that in no way undermines the stand- try to buy a gun permit when they are the Federal Highway Administration ards that exist by the Federal Govern- spousal abusers. There are sanctions. as Kentucky and West Virginia have ment. They go to prison. Yes, I like that kind similar pay-to-play laws—but both Again, it reflects the desires of the of sanction. Kentucky and West Virginia have ex- State legislature and the Governor to When we look at what we are trying ceptions to their provisions. Kentucky have stronger, stricter rules on con- to do, unfortunately, the U.S. Chamber excludes contracts awarded competi- tracts administered by the State. of Commerce says it should not hap- tively on the basis of the lowest and I yield the floor. pen, it reduces competition. Nothing best bid, while West Virginia’s excep- The PRESIDING OFFICER. The Sen- could be further from the truth because tion is the restriction that only applies ator from New Jersey. now the little guys who, in their judg- during negotiation and performance of Mr. LAUTENBERG. Mr. President, I ment, make a campaign contribution— start by commending the chairman of the contract. we foster that notion around here: Con- These provisions are clearly different the Environment and Public Works tribute if you can. Contribute even if from what the Senators from New Jer- Committee for his work on behalf of you cannot, we sometimes say. But it getting the funding raised for the sey seek for their State. To open the happens. Money flows. So we say to Transportation bill. process in other States, we do not need some small contractor or some attor- It is critical. There is not a State ney or some engineer who has a two- to have Federal aid highway dollars that would not like to see more money person business: Well, maybe there is used as a means of changing campaign for highways, transit or whatever else an exemption for small business. But, finance laws or changing the competi- they do—perhaps even for long-dis- tive bid process which gives us the best tance rail service. on balance, they are saying the smaller bid on the projects that are funded The manager of the bill, the chair- companies cannot make a contribution with Federal dollars. man of the committee, had to wrestle because then they would be barred I don’t want to see State laws pre- with not only his conscience, but col- from competing. Competing with the empting Federal laws, but if we are leagues who felt differently. There big guys? It is outrageous. going to go down that road, as I said, I were over 20 ‘‘no’’ votes. I wonder if So this amendment fixes a problem have a number of amendments, and I those Senators would forgo the extra in Federal highway law that actually would certainly ask support for all the money that resulted from the increase prevents States from taking effective areas that Missouri wants to exempt in the size of the bill. Perhaps that steps to curb contracting abuses. from some of the mandates, many of could be polled. Earlier this year, the Federal High- which I think are unnecessary from the I thank my colleague, Senator way Administration withheld some $250 Federal Highway Administration laws. CORZINE, for generating this amend- million in highway funding from the At this point, I urge my colleagues ment which I share in sponsoring to en- State of New Jersey. It had already not to support this amendment because sure integrity in highway contracting. been allocated. What happened? We had it provides a very different standard My friend and colleague from New Jer- to change the law. We had to open a which New Jersey is attempting to use sey has always fought against corrup- loophole so people could contribute, in its award of competitive-bid con- tion in public activities and con- even though our Governor at the time tracts. tracting. I am proud to stand and fight and the legislature agreed: No, we I yield the floor. alongside him to make sure every should not permit it. I am not defend- The PRESIDING OFFICER. The Sen- State has the right to make choices ing it. I am saying I defend States ator from New Jersey. about how it conducts its campaign fi- rights. And many of the people here, Mr. CORZINE. If I might ask the nancing laws and how it looks to better particularly our friends on the other Senator from Missouri, if he has read management of the process so corrup- side, defend States rights. I think the the New Jersey legislation, in no way tion is avoided. That is what this is State ought to be able to decide wheth- by my reading of that legislation does about. er it wants to clean up the campaign fi- it supersede the competitive bidding One has to look at the bill. It is rel- nance laws. requirement. atively simple. Frankly, I thought it Spokesmen for the FHWA said a Mr. INHOFE. Will the Senator yield? would be something that could be ac- State contracting rule designed to pre- Mr. CORZINE. Yes. cepted on its face by unanimous con- vent actual and potential corruption Mr. INHOFE. Mr. President, I ask sent. There is no punitive measure in was ‘‘inconsistent’’ with current Fed- unanimous consent, notwithstanding here. eral law. I do not know where they get rule XXII, all first-degree amendments I understand our colleague from Mis- that one. to the highway bill must be filed at the souri said I was big on sanctions. How What had New Jersey done? The desk no later than 3 o’clock. We are ex- right he is. I am big on sanctions. We State had simply banned certain large tending it from 2 o’clock to 3 o’clock raised the drinking age to 21. When our political contributions by recipient of because of the evacuation. colleague, Senator DOLE, was the Sec- State contracts. Its mission was to en- The PRESIDING OFFICER. Without retary of Transportation under Presi- sure fairness and transparency in the objection, it is so ordered. dent Reagan, we sanctioned States who contracting process, and our State Mr. CORZINE. I see the Senator from did not put that into law. ought to be commended for it. Instead, Missouri is no longer in the Senate, but Guess what the outcome is. Twenty New Jersey was punished for exercising I make very clear the amendment Sen- thousand young people have been saved its own judgment. The Governor signed ator LAUTENBERG and I are proposing over the last 21 years. That is what the it. The legislature passed it, the Gov- in no way undermines the standard sanctions did. Would it be better to not ernor signed it, and it became law. Why that there need be competitive bids in have sanctions and have the freedom cannot we do that? the Federal highway funds or in Fed- for the teens to get on the highway and The relevant Federal law, section 112 eral funds that mix both State and kill themselves? I don’t think so. It of the highway title, calls for competi- Federal dollars. worked. We tried the carrot. But there tive bidding. The administration has This is about contracting rules that were not enough carrots to take care of taken the strict view that if some bid- would encourage competition, not dis- it, so we had to use the stick. That is ders are excluded, that could limit courage competition. I believe if we what you do. That is what the red competition. Would we say that in the were put side to side with Kentucky lights are for. It is a stick. It says: Do vetting of a company’s executive lead- and West Virginia, we would find the not cross over when traffic is going the er, if he had a criminal past and they New Jersey contracting rules are par- other way, et cetera. did not make a contribution, it would allel. We would find this is one of the We are a nation of laws. That is what be all right? No, it certainly would not reasons the House unanimously agreed the structure of our society is. There be all right for that company to start

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9259 doing State business. But the fact is, if this highway bill. I thought it was im- people on this floor say that this is too the playing field is tilted toward one portant that those of us who feel much. company, there is no true competition. strongly about this come down and say This is a problem I have been work- Maybe the big guys can afford to do so. ing on with my friend from Oregon, that. They can rule the roost. But that We have a problem with transpor- Senator WYDEN. We believe it is time is what our State wants to protect tation infrastructure. The problem is to begin using bonding as part of our against. getting to be so big that awareness of Transportation financing package. We States should not have to choose be- it has penetrated even here in Wash- have proposed the Build America Bond tween receiving Federal highway dol- ington. But everybody in America, at Act. A number of people have joined us lars they need and restoring public least everybody in Missouri I talk to, in cosponsoring the bill. My friend confidence in the Government con- already knows about it, and has known from New Jersey is one of them. This is tracting process. What an anomaly we about it for a very long time. Because legislation that would create a feder- had here a little while ago. We had peo- they have to drive on these roads. They ally chartered, nonprofit corporation ple voting to increase highway spend- have to use the rail and the transit. that would issue about $38 or $39 billion ing when it is threatened that the For them, it is not an abstract ques- in bonds and set aside $8 or $9 billion of President is going to veto it, and we tion of public policy. For them, it is a that in a fund which would then accu- are way over the limit the White House question of getting where they need to mulate interest over time and be used proposed for the highway bill. Seventy go, to do what they need to do, safely to pay off the principal. Then we would some Senators said: Oh, yes? Impose and on time, to make this country run. have $30 billion for immediate invest- limits? Well, we are not going to stick It is getting harder and harder because ment in the Nation’s transportation in- with your limits. We are going to raise the roads are no good. frastructure. the limits because our States need I am going to try to contain my frus- We could get that money out in the bridges and highway fixing and invest- tration about this issue. It is hard be- next construction season or two. We ments in transportation. That is what cause this is not rocket science. A lot could begin taking some of these vital we want—70 some Senators. So it was of the issues we confront here are very projects that are constantly moved to not all Democrats. It was a mix. difficult. the right, moved from 2010 to 2015, to It is hypocritical to continue to pro- This really isn’t that difficult. We 2020, and start moving them back to hibit States from taking effective know how to build roads. We know we the left on the time line. We could measures to maintain the integrity of need to do it. The question is whether build some of the bridges we need, fix their contracting process. Federal law we have the will to do what we obvi- some of the roads that are substandard. already prohibits political contribu- ously need to do and what will em- We also have a provision in the bill tions from Federal Government con- power our people to help us create the that says some of the bonds have to be tractors. So why shouldn’t States be wealth and opportunity that will then in low enough denominations that allowed to do it, if they want to—one enable us to do the other things we Americans can purchase them, average State by itself, any State that wants to need to do. folks can go out and buy a $50 bond, a do it? This amendment simply allows I said there was a problem before. $25 bond, knowing that they are invest- States to enact similar reforms when The statistics have been repeated often ing in American roads, transportation they so choose. enough, but I guess in the Senate noth- infrastructure, and jobs to make Amer- The House of Representatives has al- ing is ever said quite enough so I am ica competitive for the future. ready approved a similar provision in going to repeat them. Thirty-two per- I am pleased that we have made some its version of the transportation bill. I cent of the Nation’s roads are in poor progress on this. The bill managers ask my colleagues to support this or mediocre condition; 37 percent of the were good enough to include a provi- amendment to promote good Govern- urban roads are in poor or mediocre sion for the underlying corporation in ment, to promote competition. It is a condition; 28 percent of the bridges are the bill. We don’t have authority to vote for States rights, and a vote substandard. I can show you some sub- issue the bonds yet, but we have the against corruption in public con- standard bridges in Missouri. As a re- corporation in the bill. tracting. sult of this, our Nation loses about $65 I am also very grateful to the man- Once again, I commend my colleague billion a year in lost man-hours and agers of the bill for including in the from New Jersey, Senator CORZINE, for lost productivity because people are substitute amendment my amendment his initiative. stuck on the highways. A recent report to authorize private activity bonds, $15 With that, I yield the floor. said it was three times what it used to billion in transportation highway in- The PRESIDING OFFICER (Mr. be in 2003. We lose $50 billion a year in frastructure bonds. SUNUNU). The Senator from Missouri. extra maintenance costs because our These bonds could be issued in a part- Mr. TALENT. Mr. President, I thank cars and our vehicles are damaged as a nership between States and localities the Chair for recognizing me. result of the bad roads. and private companies for specific I want to take a few minutes, if I Who among us has not had the expe- projects. The localities would repay the can, to pause from this debate on the rience of hitting a pothole and saying principal through a variety of reve- amendment to make a few comments to ourselves, ‘‘There goes that shock nues, including annual appropriations about the underlying highway bill. I absorber. That is another front-end or charging rent for the infrastructure wanted to have a chance to do this alignment I will have to get’’? that was built. Since the bonds are tax when we debated the motion to waive This is common knowledge through- exempt, it means the holders would the budget point of order, but I was not out America. The Department of pay no taxes on them to the Federal able to do so because of the unanimous Transportation studied it in 2002, 3 Government. They would be preferred consent agreement that limited time years ago. The problem hasn’t gotten by the market. We could get $15 billion for debate. any better since then. They con- in a kind of bond money out there So I thought I would do it now be- cluded—and this is a rather big study— right away to begin addressing the cause I am very grateful to my friends, that $375 billion is what we needed in problems that the country is facing. the managers of this bill on both sides the next highway bill to address the Nobody really argues with what I of the aisle, Senator JEFFORDS and problem. We don’t have $375 billion in have said. That is one of the things Senator INHOFE, my good friend and a this bill. We have under $300 billion. We that is frustrating. The people who zealous worker for better transpor- have less than we had last year. We supported the budget motion, who tation infrastructure, Senator BOND have more than we would have had, if want the bill to remain small, don’t and, of course, Senators GRASSLEY and not for the heroic efforts of the bill argue that there is no problem. You BAUCUS for their amendment which we managers. But we don’t have enough can’t argue the fact that there is a adopted earlier increasing the size of even with what they have added. Yet problem. What they say is: We can’t fix

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9260 CONGRESSIONAL RECORD—SENATE May 11, 2005 the problem because we have a deficit. is a hard thing to do. They don’t like strong and free. But the American peo- We can’t spend more money on trans- bonding either. That is out. They don’t ple cannot on their own build roads. portation infrastructure because we al- want general revenue to be used for They can do a lot of things on their ready have a deficit. highways. That is out. Now they are own or together in private businesses Investment in transportation infra- saying they don’t want other streams or associations of one kind or another, structure is dynamic. That means it of revenue. Even though it would pay but they cannot build roads. That is a helps grow the economy. It helps for it, they don’t want that used either. job the Government has to do. We will produce revenue. We understand that So they are all for fixing infrastructure deal with the transportation deficit, in every other context. Nobody argues as long as we don’t use taxes, bonding, and the American people will deal with with that in any other context except general revenue, or any other revenue the budget deficit as well if they can the highway bill. All the economic to do it. get to work in the morning. Let’s help models say about $1 billion in invest- Stop and ask yourself a question for them do that. ment in transportation infrastructure a second: What is the domestic achieve- I congratulate the managers on produces 47,500 jobs. Every dollar in- ment of the Eisenhower administration adopting the amendment. I hope we vested returns $5.75. That is the multi- that people remember? The building of can do even better in conference. plier effect. the interstate highway system. Roll I yield the floor. Mr. INHOFE. Mr. President, I do The same people who are saying we Call magazine, one of the Capitol Hill have a statement I wish to make in op- can’t spend money on highway and magazines, did a survey of congres- position to the Corzine amendment; transportation infrastructure will sional scholars and asked them what however, the junior Senator from stand up in the context of a trade bill the most significant bills were that the South Dakota is here. I would like to and say: The reason it is OK to pass an Congress passed in the last 50 years. yield to him for up to 6 minutes. open trade bill—and I have supported No. 4 on their list was the interstate The PRESIDING OFFICER. The Sen- many of them—even though we will be highway bill passed in the 1950s, which ator does not have the right to yield trading with countries that have lower they pointed out intensified economic time. wage rates than we do, is that we are growth, boosted domestic tourism and The Senator from South Dakota is still competitive because we have a made possible just-in-time manufac- recognized. more sophisticated financial system, a turing processes. Mr. THUNE. Mr. President, I thank more sophisticated telecommuni- How can anybody say that invest- the distinguished chairman for his cations system, and a more sophisti- ment in transportation infrastructure good work in moving this bill along. cated transportation system. They are does not produce economic growth? This is legislation that is long overdue. right. That is one of the reasons we can I know we have a vote coming up It is time that we move forward to vote be competitive with countries that pay soon. I will close by saying a couple so we can get help to these highway de- lower wage rates because we can get things. In the first place, the bill where partments across this country, particu- our products to market because dec- we now have it—I was going to say it is larly in States such as mine, Northern ades and decades and decades ago other the least we should do, but the truth is States, where we are going to lose the Senators and other Congressmen had it is not as much as we should do. I construction season if we don’t get the foresight to invest in transpor- urge the bill’s managers to go to con- something done, get a bill passed, and tation infrastructure. ference with this bill as it now is and get a permanent authorization in I know we have a budget deficit. We do everything possible to hold this place. have a transportation deficit. It isn’t number or, if possible, find some way I speak in opposition to the pay-to- going to get better if we don’t do any- to inject more money into transpor- play amendment that has been offered thing. Saying we can’t invest in trans- tation infrastructure this year. I know to the Transportation bill. portation infrastructure because we they are committed, and they are For my colleagues who might not be are worried about the budget is like a going to try to do that. I urge them to aware of this issue, the Acting Gov- farmer who is hard pressed saying: You stand by their commitment. This is ernor of New Jersey issued an execu- know what, I am afraid my cash flow worth doing, and it is worth doing now. tive order last September which blocks isn’t what it should be. I am not going We cannot afford to give another 5 or 6 anyone who makes political contribu- to buy fuel for the combine. years away to the locusts and then tions to state officials, candidates or It is like a homeowner saying: The come back here and face the same parties in excess of $300 from bidding budget is tight. I am really hard problem we have now, except it is big- on any contract for services, material, supplies or equipment or to acquire, pressed. I am not going to fix the hole ger. sell or lease any land or Federal build- in the roof because that might cost I believe in the people of this coun- ing where the value of the contract ex- money. try. I am not one to focus on the prob- ceeds $17,500. lems we have. Any Senate, any time in This is a problem that is not going to While it is clearly New Jersey’s pre- get better if we don’t do anything the Nation’s history, if it wants to rogative to institute such pay-to-play about it. Every 5 or 6 years we pass an- focus on the problems of the country, laws when it comes to State con- other highway bill, and the people who can get discouraged. I know we are tracting, this New Jersey executive are concerned about the cost say: It is fighting a war now, and we have edu- order effectively violated the free and bigger than it was 5 or 6 years ago. Yes, cation issues and health care issues we open competition provisions governing it is bigger. Every year, even though have to address, and they are all very Federal Aid Highway and Transit Con- the highway bill is bigger, the gap be- big. tracting and went much further than tween what we are spending and what The reason I am optimistic is I be- pay-to-play laws in other States. we need gets bigger, too. lieve in the American people. I believe It’s my understanding that New Jer- This year, even under the amend- in the productivity and ingenuity of sey’s Acting Governor, Richard Codey, ment we adopted earlier, we have about the American people. The answer to all issued this executive order in response a $80-billion gap. I guarantee, if we these problems, broadly speaking, is to to corruption and kick-backs that were don’t do something about it, 5 years empower them, to let them have the uncovered with respect to no-bid State from now it will be bigger than that. resources they need—which is one of contracts. What do the people who opposed the the reasons I have been for tax reduc- Seeing that almost all of the con- amendment on budget grounds want to tion—so they can make the economy tracts that occur under the Federal do? What can you do to build more grow. Let them do what they do in Highway and Transit programs are transportation infrastructure? You can their everyday lives, raising their fam- based on sealed low-bid contracts, the raise taxes. They don’t want to do that. ilies, doing their jobs, running their Senate should not adopt this amend- I understand that. It is hard to raise small businesses, to keep the economy ment because it would undo the exist- gas taxes when gas prices are up. That growing and make us prosperous and ing uniform rules that all States must

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9261 follow when it comes to Federal con- My colleagues will also be interested point has been made that here the tracting. to know that the Senate Environment issue is with no-bid contracts, not Congress has specifically stated in and Public Works Committee rejected sealed-bid contracts. past highway and transit authoriza- this amendment when we marked up I question, also, the constitutionality tions that we should encourage fair and the transportation bill on March 16. of something in terms of the first open competition. The U.S. Department of Transpor- amendment, but that has not even been Congress should encourage competi- tation has informed me that there has discussed. tion by cultivating the broadest group not been one single case of kick-backs There could be a problem. I would be of competent qualified contractors to or corruption with regard to low-bid sympathetic to the problem and per- do the work. We want to ensure that Federal aid highway contracts in New haps the Senator from New Jersey will we are getting the best work done for Jersey. be holding a position in the not too dis- the best price. Most importantly, the U.S. Depart- tant future where he can deal directly The low bid system was used to build ment of Transportation opposes this with some of the problems that are our interstate system and National amendment and has informed me that within the State of New Jersey but are Highway System. It provides the high- the Corzine Amendment would create not all over the country. est quality product at the lowest pos- an unmanageable patchwork of local So I join my colleague from South sible price through competition. It restrictions and requirements when Dakota in urging the defeat of the should be maintained and strength- Federal aid funds are used on a project. amendment, and at the appropriate ened, not weakened by adopting the I urge my colleagues to vote against time I plan to move to table the amendment by the Senator from New this amendment and to allow the Fed- amendment. Jersey. eral Highway Administration and those I yield the floor. Soon after New Jersey’s Acting Gov- State governments that are so inter- The PRESIDING OFFICER. The Sen- ernor issued his Executive Order last ested in getting a highway bill put into ator from New Jersey. year, the U.S. Department of Transpor- place to enable them to address the Mr. CORZINE. Mr. President, I appre- tation was forced to withhold a portion critical transportation needs this coun- ciate the comments. I can understand of New Jersey’s transportation funding try faces, to get this highway bill the point of view if the bipartisan leg- because the State was not complying passed and defeat this amendment. islation from the State of New Jersey with Federal contracting require- I yield back the remainder of my would in any way interfere with low- ments—this was done after the U.S. time. bid, sealed contracts on Federal Department of Transportation at- Mr. INHOFE. Mr. President, first, I projects. I would not be in favor of this, tempted to work this issue out with agree with the comments of the Sen- either. No-bid contracts should not be New Jersey Officials. ator from South Dakota. He has dra- an accepted way of doing business in Soon thereafter, the New Jersey leg- matically shortened my speech against government. At least from the legal ad- islature stepped in and passed a bill on the Corzine amendment because he said vice and understanding that I have of March 22, 2005 that excludes Federal some things I would have said. I em- the New Jersey legislation, it does the aid highway funding from the Gov- phasize that the problem is not with opposite. It requires that it would con- ernor’s previous pay-to-play executive sealed bids, it is with no bids. It could order—thereby restoring New Jersey’s form both to Federal regulations and be that they have unique problems in adds the additional element that there Federal transportation funding. New Jersey, but I would not want those I share the Senator from New Jer- be restrictions on those participating problems that are there to encumber who have contributed more than $300 in sey’s concern about illegal activity what we are trying to do in States such when it comes to no-bid contracting. a contract that is over $17,500. as Oklahoma and New Hampshire and Practically speaking, the reality is However, there is nothing that cur- South Dakota. There had been abuses rently prohibits states from taking ac- that the Department of Transpor- that are pretty well known in New Jer- tation, and Republican and Democratic tion to prosecute those responsible for sey. such illegal activities. administrations in New Jersey—and I An example is the case of the law suspect this can very well be the case Further, since the current low-bid firm of DeCotiis, FitzPatrick, Cole & sealed contracting process used on Fed- in other places—sets specifications. Wisler, which has reportedly thrived by eral transportation contracts protects Those who both lobby and contribute exploiting a system that encourages against instances of corruption or im- often arrange those specifications, so politicians to reward their political propriety, and the fact that the New there are situations where those who contributors with State contracts that Jersey legislature has ensured that its have the ability to participate in the are no-bid contracts—not low-bid but pay-to-play regulations don’t impact bidding contracts are limited and those no-bid contracts. Federal transportation contracts, I’m a specifications are written in a way that The Record, a New Jersey paper gives a bias to the contracting exer- little puzzled why this amendment is which did an extensive investigation needed—unless of course the Senator cise. All this legislation that the State into this DeCotiis firm and their rela- from New Jersey is seeking to change of New Jersey is asking for, its States tionship to public officials, stated in a the existing Federal contracting proc- rights ability to impose, are supple- December 2003 article that: ess. mental to the rules and regulations Federal contracting law already in- A sweeping review of DeCotiis’s work for that the Department of Transportation towns and public agencies shows how high cludes a process for the exclusion of rollers in this pay-to-play sweepstakes reap is taking, and I believe it will protect contractors who have acted illegally— huge returns from investments in the right the public and enhance the confidence and the Federal Government also has a politicians. In a study of DeCotiis’s legal for the State of New Jersey. debarment process that prohibits con- bills for towns and public agencies across It is not an imposition on any other tractors who have committed fraud or New Jersey, as well as interviews with doz- State. They do not impose these pay- bribery from bidding on future con- ens of elected officials, the Record has found to-play rules. It has no impact on an- tracts. that the DeCotiis firm billed at least 128 gov- other State. We are only asking for the Because the State of New Jersey is ernment entities for nearly $26.6 million dur- 1 ability of the State of New Jersey to currently suing the U.S. Department of ing the 2 ⁄2-year period starting January of 2001. From Alpine to Atlantic City, in 15 of put down the rules that the State legis- Transportation in Federal district New Jersey’s 21 counties, and in many de- lature, on a bipartisan basis, believes court concerning the previous with- partments of State government, DeCotiis’s will lead to lower costs and greater holding of Federal transportation lawyers are charging the taxpayers for con- transparency to the bidding process. funds, now is not the time for the Sen- tracts that, under Jersey law, can be award- I understand there is a difference of ate to weigh-in on this matter. The ed without competitive bidding. view, but I feel strongly about it and Senate should allow the court to hear I have other examples of corrupt ask my colleagues to consider the fact the case on its merits. kinds of dealings, but I believe my that this is a supplemental and in no

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9262 CONGRESSIONAL RECORD—SENATE May 11, 2005 way undermines Federal regulations, companies and organizations of every size, The ‘‘pay to play’’ laws of other states does not impose this standard on any sector and region. typically focus only on no-bid contracts. The other State, and does go a long way to- Sincerely, New Jersey version, however, applies to a ward dealing with concerns that people R. BRUCE JOSTEN. much broader class of projects. Highway and transit projects are typically procured using on both sides of the aisle in my State AMERICAN ROAD & TRANSPORTATION the lowest competitive bid method, which re- believe are undermining public trust BUILDERS ASSOCIATION, quires an objective and public evaluation of and raising the cost to the Federal Washington, DC, May 9, 2005. sealed bids. Government and the State government DEAR SENATOR: As the Senate continues Congress has specifically stated in past in doing business in our State. debate on H.R. 3, the federal surface trans- highway and transit reauthorization bills The PRESIDING OFFICER. The Sen- portation program reauthorization bill, the that states should encourage fair and open American Road & Transportation Builders competition. States accomplish this objec- ator from Oklahoma. Association (ARTB) urges you to oppose an Mr. INHOFE. Mr. President, I appre- tive by cultivating the broadest group of amendment by Senator Frank Lautenberg competent qualified applicants to perform ciate the comments, even though I dis- that would modify federal transportation transportation construction work and by ex- agree with them, of the Senator from procurement standards to allow states to pe- cluding companies that have acted illegally. New Jersey. I know he is sincere. I nalize transportation construction firms The low bid system was used to build the na- know there is a problem and he is try- that participate in the political process. tion’s highway system and provides the high- ing to correct the problem and there is The Lautenberg amendment would allow est quality product at the lowest possible an honest difference of opinion. states to preclude individuals who have made price. financial campaign contributions to state I ask unanimous consent that a let- We urge you to oppose the Lautenberg and local officials from competing for fed- amendment to H.R. 3. The amendment would ter from the U.S. Chamber of Com- eral-aid highway and transit construction merce opposing the Corzine amend- significantly undermine the federal commit- work. By excluding individuals who exercise ment to the competitive bid system. ment, a letter from the American Road their right to participate in the political & Transportation Builders Association process, the amendment would contradict Mr. INHOFE. Mr. President, I move opposing the Lautenberg-Corzine the open competitive bid system of procure- to table the Corzine amendment and amendment, and also a letter from the ment that has been a hallmark of the federal ask for the yeas and nays. Transportation Construction Coalition, transportation programs for almost 50 years. The PRESIDING OFFICER. Is there a Under this system, contracts are awarded to sufficient second? which is, I believe, almost every labor the lowest qualified bidder. Political con- union in the United States, be printed There appears to be a sufficient sec- tributions, or the lack thereof, have no role ond. in the RECORD. in the awards outcome. There being no objection, the mate- An ARTBA analysis of Federal Highway The question is on agreeing to the rial was ordered to be printed in the Administration (FHWA) bid data for the pe- motion. RECORD, as follows: riod 1958 to 2003 found that winning highway The yeas and nays have been ordered. contractor bids on federally-funded projects The clerk will call the roll. CHAMBER OF COMMERCE OF THE have averaged 6.7 percent below the govern- The legislative clerk called the roll. UNITED STATES OF AMERICA, ment’s own internal cost estimates for the Washington, DC, May 10, 2005. Mr. MCCONNELL. The following Sen- advertised jobs. In total over the 45-year pe- ators were necessarily absent: the Sen- Hon. DANIEL AKAKA, riod, the winning contractor bids have come U.S. Senate, in $22.8 billion under estimated cost. ator from Minnesota (Mr. COLEMAN), Washington, DC. This analysis proves that the low-bid sys- and the Senator from New Mexico (Mr. DEAR SENATOR AKAKA: As the Senate con- tem works in the public interest. It also DOMENICI). tinues debate on H.R. 3, the reauthorization shows that highway contractors have been Further, if present and voting, the of the Transportation Equity Act for the 21st giving the public outstanding value for their Senator from Minnesota (Mr. COLEMAN) Century (TEA–2l), the U.S. Chamber of Com- tax dollars. Transportation construction in- merce strongly opposes an amendment by would have voted ‘‘yea.’’ dustry contractors routinely build highways Mr. DURBIN. I announce that the Senators John Corzine (D–NJ) and Frank and bridges that meet exact government Lautenberg (D–NJ) that attempts to change specifications for materials, quality, dura- Senator from Minnesota (Mr. DAYTON), federal competitive highway and transit con- bility and environmental protection for sub- is necessarily absent. tracting rules. stantially less than the government expects The result was announced—yeas 57, For over 25 years, federal law has forbidden to pay. nays 40, as follows: states from implementing ‘‘pay-to-play’’ pro- Consequently, we urge you to protect the [Rollcall Vote No. 119 Leg.] visions for state highway and transit con- integrity of the open competition, low-bid YEAS—57 struction contracts (23 USC § 112). Federal system for transportation construction work highway and transit contracts are awarded and oppose the Lautenberg amendment to Alexander DeWine McConnell in an open-bid environment, and it is unnec- H.R. 3. Allard Dole Murkowski essary to have an individual state attempt to Sincerely, Allen Dorgan Murray Baucus Ensign Nelson (NE) change these federal contracting rules. T. PETER RUANE, In November 2004, the state of New Jersey Bennett Enzi Reid (NV) President & CEO. Bond Frist Roberts passed an executive order with language that Brownback Graham Santorum included federal highway and transit con- TRANSPORTATION CONSTRUCTION Bunning Grassley Sessions tracting in the state’s ‘‘pay-to-play’’ provi- COALITION, Burns Hagel Shelby sions. On January 21, 2005, the U.S. District May 9, 2005. Burr Hatch Smith Court for New Jersey ruled against the state DEAR SENATOR: The 28 national associa- Byrd Hutchison Specter and reaffirmed the federal statute, which led tions and construction unions of the Trans- Chambliss Inhofe Stevens to New Jersey’s final ‘‘pay-to-play’’ law con- portation Construction Coalition (TCC) urge Coburn Isakson Sununu Cochran Jeffords Talent tinuing the longstanding exemption of ‘‘pay- you to oppose the Lautenberg amendment to Conrad Kyl Thomas to-play’’ for federal competitive highway and H.R. 3, the highway and transit program re- Cornyn Landrieu Thune transit contracting. authorization bill. The Lautenberg amend- Craig Lott Vitter Supporting the Corzine/Lautenberg amend- ment would restrict competition for federal Crapo Lugar Voinovich ment would adversely affect the ability of highway and transit work and apply a na- DeMint Martinez Warner business leaders to support candidates, and tionwide solution to a state-specific issue. NAYS—40 thus, undermine the importance of allowing The Lautenberg amendment would allow business executives and their employees the states to prevent companies from performing Akaka Dodd Lautenberg Bayh Durbin Leahy ability to legally participate in the political federal-aid highway and transit work funded Biden Feingold Levin process, while other groups would not be im- by this bill if they made legal contributions Bingaman Feinstein Lieberman pacted. to state and local elected officials. The Boxer Gregg Lincoln The U.S. Chamber of Commerce will con- amendment is based on a New Jersey law Cantwell Harkin McCain sider using votes on or in relation to this that significantly limits competition for Carper Inouye Mikulski issue for inclusion in our annual ‘‘How They transportation construction work by block- Chafee Johnson Nelson (FL) Voted’’ ratings. The U.S. Chamber of Com- ing any individual that made political con- Clinton Kennedy Obama Collins Kerry Pryor merce is the world’s largest business federa- tributions of more than $300 from bidding on Corzine Kohl Reed (RI) tion representing more than three million any contract that exceeds $17,500.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9263 Rockefeller Schumer Wyden (B) in paragraph (3), by striking ‘‘fiscal By coincidence, I had a talk with one Salazar Snowe year—’’ and all that follows through ‘‘(B) had Sarbanes Stabenow of our colleagues before when we were in effect at all times a State law described in voting on the previous amendment. He NOT VOTING—3 subsection (a)(2)’’ and inserting ‘‘fiscal year recalled for me the fact that he had a Coleman Dayton Domenici had in effect at all times a State law de- scribed in subsection (a)’’; motorcycle accident. During the time The motion was agreed to. (3) in subsection (h)— of the fall, he said, as he bounced Mr. INHOFE. Mr. President, I move (A) in paragraph (1), by striking ‘‘sub- around the pavement, he thanked the to reconsider the vote and I move to section (a)(2)’’ and inserting ‘‘subsection Lord that he was wearing a helmet lay that motion on the table. (a)’’; and that had a face piece to it. It saved him The motion to lay on the table was (B) in paragraph (2), by striking ‘‘sub- from what they said would have been agreed to. section (a)(2)’’ and inserting ‘‘subsection almost instant death. (a)’’; The PRESIDING OFFICER (Mr. MAR- (4) by redesignating subsections (i), (j), and Funny enough, when people look at TINEZ). The Senator from Oklahoma. (k) as subsections (j), (k), and (l), respec- me and they see the white hair, they Mr. INHOFE. Mr. President, there tively; and can’t believe I am an expert skier, hav- has been a great misunderstanding (5) by inserting after subsection (h) the fol- ing done so for 59 years. I have two around here as to how we came up with lowing: children who are competitive skiers, offsets, how we are going to take care ‘‘(i) MOTORCYCLE HELMET USE LAWS.— one lives in Colorado, and I have a of paying for an additional amount of ‘‘(1) FISCAL YEAR 2009.—If, at any time in granddaughter who is on her way to be- money in this package. fiscal year 2008, a State does not have in ef- fect and is not enforcing a law that makes coming a competitive skier. We are I compliment the chairman of the Fi- unlawful throughout the State the operation skiers. Skiing is in our blood, and we nance Committee, Senator GRASSLEY, of a motorcycle if any individual on the mo- ski fast and hard. I had a fall 2 years along with the ranking minority mem- torcycle is not wearing a motorcycle helmet, ago, 2 days after I bought a helmet. I ber of the committee, Senator BAUCUS, the Secretary shall transfer 1.5 percent of hadn’t worn it for the 50-some years be- for the hard work they have put in on the funds apportioned to the State for fiscal fore that. When I fell, I fell so hard I this legislation and, quite frankly, dis- year 2009 under each of subsections (b)(1), did a tumblesalt in the air—and I’m agree with the criticism to which they (b)(3), and (b)(4) of section 104 to the appor- tionment of the State under section 402. not an acrobat—and I landed on my have been subjected. ‘‘(2) FISCAL YEAR 2010 AND THEREAFTER.—If, head. I didn’t realize, for a month, I I want to reemphasize, if I could, at any time in fiscal year beginning after was hurt, until my vision started to that it is important we get this legisla- September 30, 2008, a State does not have in blur and my balance was unsteady. I tion done. I am very pleased we have effect and is not enforcing a law described in was rushed to a hospital—I was with two more amendments that are down paragraph (1), the Secretary shall transfer 3 my wife in New York City—and the here. The deadline for the filing of percent of the funds apportioned to the State next day on an operating table and had for the succeeding fiscal year under each of amendments is now over as of right what they call a hematoma. Doctors now. We do have several amendments. subsections (b)(1), (b)(3), and (b)(4) of section 104 to the apportionment of the State under had to go on two sides of my head with We are going to invite these people to section 402. a drill or whatever they use to get bring their amendments down. I am ‘‘(3) APPLICABLE PROVISIONS.—Paragraphs there and drain the fluid that had gath- pleased there are two amendments that (3), (4), and (5) of subsection (h) shall apply ered. I thank God regularly that I am are already down here. We look forward to obligations transferred under this sub- in the condition I am after that kind of to taking up those amendments. section.’’. accident. But the difference was that I yield the floor. Mr. LAUTENBERG. Mr. President, I helmet. I had the helmet 2 days. The PRESIDING OFFICER. The Sen- offer this amendment to address mo- I went back to the ski shop, and I ator from New Jersey is recognized. torcycle safety on our roads. In 1995, said: I thought this was supposed to AMENDMENT NO. 625 Congress repealed the motorcycle hel- prevent my getting hurt. He pointed to Mr. LAUTENBERG. Mr. President, I met law, which I authored in 1991. a tiny crack in the helmet, and he said call up amendment No. 625. Since the law has been repealed, mo- to me: If you hadn’t been wearing this The PRESIDING OFFICER. The torcycle deaths have nearly doubled, helmet, that crack would have been clerk will report the amendment. and my amendment would simply rein- through your skull, and we would not The legislative clerk read as follows: state the helmet law. have been here talking about it. So I Head injuries are one of the leading The Senator from New Jersey [Mr. LAU- am a confirmed user of helmets. TENBERG], for himself and Mr. DODD, pro- causes of death in motorcycle crashes. I had been on the board of a hospital poses an amendment numbered 625. Under my amendment, States that do in New Jersey and worked very closely Mr. LAUTENBERG. I ask unanimous not require motorcycle riders to wear with our principal medical school and helmets would have funds, but they consent the reading of the amendment its hospital. I talked to the emergency would have them shifted to motorcycle be dispensed with. room physicians. I know that much of The PRESIDING OFFICER. Without safety programs. Last month, the Department of the head and neck trauma that comes objection, it is so ordered. about comes about as a result of mo- The amendment is as follows: Transportation released preliminary findings that over 3,900 people were torcycle accidents. (Purpose: To provide funding for motorcycle killed in motorcycle crashes last year. A Transportation Department survey safety programs in States without uni- showed that from 2000 to 2002, helmet versal helmet laws) This is almost double the number of motorcycle crash victims of 10 years use among motorcycle riders dropped At the end of subtitle D of title I, add the from 71 percent to 58 percent nation- following: ago when the Federal helmet law was repealed. ally. They stopped using helmets, SEC. ll. UNIVERSAL HELMET SAFETY STAND- mostly. ARD FOR OPERATION OF MOTOR- If we look at the chart, we see what CYCLES. happened since 1996, the year of oper- The Transportation Department Section 153 of title 23, United States Code, ation after the law was repealed. We found that in those States where uni- is amended— had a much smaller number, and it versal helmet laws had been repealed, (1) in subsection (a), by striking ‘‘fiscal grew on a regular pattern up to 2004, helmet use plummeted from 99 percent year—’’ and all that follows through ‘‘(2) a the last recorded year. to 50 percent. In other words, where law’’ and inserting ‘‘fiscal year a law’’; This is not just a matter of more rid- helmet laws are on the books, almost (2) in subsection (f)— ers on the roads. The rate of deaths per every rider wears a helmet. Where (A) in paragraph (2), by striking ‘‘fiscal year—’’ and all that follows through ‘‘(B) had mile traveled has almost doubled as there is no such law, only about half of in effect at all times a State law described in well. We have learned an important the riders are protected against head subsection (a)(2)’’ and inserting ‘‘fiscal year lesson from this data: Helmets save injury. had in effect at all times a State law de- lives. Repealing helmet laws have led My amendment, to be simply under- scribed in subsection (a)’’; and to more deaths. stood, would reinstate the minimum

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9264 CONGRESSIONAL RECORD—SENATE May 11, 2005 safety standard which first was enacted safety standard for motorcycles, sig- completed in 1996, that found that rider in 1991. This is not a matter of ideology nificant funding which can be used for training dramatically reduces acci- or so-called States’ rights. It’s a mat- other health care essential studies on dents and thus eliminates injuries and ter of doing what is right. Helmets save childhood diabetes, asthma, autism, fatalities. Specifically, the study stat- lives. Universal helmet laws work. and many other afflictions that wreak ed: No matter what some people might havoc on families. An analysis of statewide accident trends suggest, riding without a helmet is not I yield the floor. shows that total motorcycle accidents have a victimless indiscretion. Motorcycle The PRESIDING OFFICER. The Sen- dropped by 67 percent since the introduction crashes burden our health care system ator from Oklahoma is recognized. of the California Motorcycle Safety Program and the taxpayers unnecessarily. The Mr. INHOFE. Mr. President, I thank with a drop of 88 percent among those under 18-year-old drivers. Transportation Department estimates the distinguished Senator from New that unhelmeted riders involved in Jersey for bringing his amendment to There is much that can be done to crashes cost taxpayers $853 million in the Senate. We have been urging Mem- dramatically reduce fatalities. I can re- call we were debating a motorcycle the year 2002 alone. bers to bring their amendments to the helmet law in the State senate many Riders without helmets are much Senate. I thank him also for the very years ago in the 1970s when testimony more likely to suffer brain injuries, thoughtful, sincere, and articulate way came forth that a helmet will impair which obviously are often slow healing, he expressed and explained his amend- one’s vision to some degree, that there with long-time hospitalization. It costs ment. I disagree, but I know he has twice as much to treat a patient who are sometimes accidents that have oc- strong feelings, and we are anxious to does have brain injuries. curred because of the restriction. I I don’t think taxpayers ought to be get a vote on his amendment. It is my hope—and I know the rank- know there have probably been studies saddled with the costs of motorcyclists on that, but it is something to be con- ing minority member, Senator JEF- who sustain serious injuries because sidered. FORDS, agrees—to get as many of these they want to feel the wind in their I fundamentally oppose this type of votes lined up for, perhaps, stacked hair. I urge my colleagues to vote to approach. I know consistency is not al- votes. We do not have a time yet, but help save the lives of so many of their ways something we have in this Sen- I assume that would be acceptable with constituents who are motorcycle en- ate, but it is consistent with my feel- the author of this amendment to stack thusiasts. I once rode a motorcycle. In ings over the last 30 years in address- these votes with perhaps some other my earliest moments, I slipped and fell ing this type of situation. and picked gravel out of my legs for amendments. I believe the Senator from New Jer- about 2 weeks thereafter. But we don’t Currently, 21 States and the District sey has every right to get a vote to want to stop the sport. We want to of Columbia have helmet laws; 26 measure the Senate, so at the appro- spare the families of the motorcycle States have limited helmet laws, in- priate time it would be my intention to riders and their friends from needless cluding my State of Oklahoma. Ours table the amendment, call for the yeas loss and to spare taxpayers from bear- are for 17 and under. Only four States, and nays, and stack this with perhaps ing the costs of risky behavior. as I understand, have no helmet re- some of the other amendments, maybe quirement. I want to read a comment that we re- the amendment of Senator HARKIN, ceived. It is by Joe A—to protect his As recently as last year when we who is prepared to offer his amendment testimony. This is his testimonial to were discussing the highway bill, the now. his NXT helmet. U.S. Department of Transportation re- Mr. LAUTENBERG. Mr. President, I On May 13th, 2004, I was riding my Harley leased a statement in which they said: was heartened at the beginning of the through the small college town of Newark, The administration opposes sanctions and remarks by my colleague from Okla- Delaware, when a distracted student in the withholding State funds, both of which oncoming lane decided to make a left turn homa and couldn’t wait to hear the would jeopardize important State level safe- rest of it. Then I realized I could have about 15 feet in front of me. I was going ty programs in infrastructure maintenance about 25 miles per hour and she appeared to programs already in place. waited. be doing the same. In an instant, I collided My colleague is an adventurous fel- head on, flew off my bike and into her wind- Let me share a personal experience. low who sometimes flies airplanes shield. Many years ago, back in the middle without fuel. He is quite a daredevil. I I did a ‘head plant’ which took out the 1960s, I believe 1967, my first year in support some of the enthusiasm he has windshield, rolled me over the car and onto the State legislature, my first act in for a chance-taking. It is amazing I got the roadway beside the car. This left about a January of 1967, I came to Washington, 4-inch gouge in my helmet but no serious as far as I did in life, but here I am DC, to testify before the Environment with a few broken things here and head injuries. The paramedics were amazed and Public Works Committee chaired . . . that I was able to carry on a lucid con- there. versation with them. Thanks to your supe- at that time by Jennings Randolph of In all seriousness, there is no trans- rior product, I was able to walk out of the West Virginia. I was impressed with fer of funds; there is no loss of funds. hospital about an hour and a half later with myself coming up to testify before this Any money that is not used to promote no serious injuries. lofty committee that I now chair. helmet wearing is used for motorcycle My doctor told me that without my helmet I was protesting Lady Bird’s Highway I would have been dead or had severe brain safety within that same State. I was Beautification Act of 1965. The reason pleased to hear there is a way to pro- injury and it’s an impressive fact that I’m was it was withholding funds, our able to write this e-mail and send pictures tect lives besides using helmets. But three days after the accident. I have no funds, in order to accomplish a policy when we saw what happened when the doubt that without your helmet the outcome which we could agree or disagree on. helmets came off, they were not blind- would have been very different for me. I have to admit to the Senator from ed by any helmet problems for the Mr. President, it makes sense to do New Jersey that I come from a little most part, they were just killed. what we can to protect the public. bit of a prejudiced perspective because The United States DOT has a helmet Again, this is not telling anybody that I would be concerned about mandates design that will not impair vision but they should ride or should not ride. We for quite some time. will promote safety. That is the crit- say, when you ride, don’t spend my The highway bill is important for ad- ical issue. money, please. Don’t burden the Medi- dressing real transportation infrastruc- I hope between now and the time a care or health care insurance programs ture needs, but I question it is a place vote occurs that the intelligent leader with your lingering injury or your to spend a lot of time for other poli- of the committee, who cares about peo- death or other family problems. Don’t cies. ple, will see a difference in view than burden us. You have no right to do I will share with the Senator from that which was initially expressed. that. New Jersey a study done last year of I yield the floor. I urge my colleagues to vote for the the California Motorcycle Safety Pro- Mr. INHOFE. Mr. President, again, I amendment. It promotes the minimum gram, designed by Dr. John Billheimer, am hoping that Senator HARKIN is on

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We want to have with all kinds of obstacles out there ways, if you look way down the road, the amendments sent to the Senate. that are obsolete. maybe 5 years from now or 10 years We invite our Members to do so. If we do not pass a bill, we will not from now, where maybe—just maybe— In the meantime, I will reconfirm have the ability to use the innovative we can do something different for a and restate one of the reasons for the financing that is given to the States. change. urgency of this bill. Not only is this This bill, for example, has recognized We have said several times here, and one of the largest bills of the year, it is something that I believe is very impor- others have mentioned it, that this thought by many to be the most impor- tant; that is, we should expand the op- interstate highway program initially tant bill we will consider in that it is portunity of the States to have more came into being many years ago, back a matter of life and death. chances to get involved, more opportu- in the 1950s, when Dwight Eisenhower We have core safety programs. If we nities to use innovative financing was President of the United States. He were operating on an extension we do methods that may work. My State of observed during World War II, when he not have in this bill, we will not have Oklahoma is different from the State was General Eisenhower, that he was the core safety programs and people of Vermont, for example. What works not able to get the troops and supplies will die. It is as simple as that, if we do in Vermont may not work in Okla- moved around the country, to get them not get this done. homa. But we recognize that. This bill in place, to be shipped over to fight our Consequently, it is always worth re- will allow the States to be able to start battles. peating how important it is to get the being creative in expanding their abil- When he became President, what is the one thing everybody remembers bill completed and what would happen ity to pay for more roads in a way that about Dwight Eisenhower? They re- if we do not. We are in our sixth exten- is a custom that would be workable member the roads program, the high- sion. This extension expires May 31. On within their States. That is a very im- way program. It was funded in a way May 31, if we do not have something in portant aspect of this legislation. place, we have another extension. If we If we are operating on an extension with taxes the same way we are fund- have an extension as opposed to a bill, and do not have a bill, we are not going ing it today. So we are talking about a there is not a chance to improve the to have this program called the Safe half century, nearly, that we have been donor status. There are many States Routes to School. The Safe Routes to funding this program the same way. With this bill, we have established a that are donor States, like my State of School Program is one that is certainly commission that will look at new ways Oklahoma. Under this bill as it is now, supported strongly by the Senator of partnering, new, creative ways of the minimum donor State of 90.5 per- from Vermont, as well as many of the funding roads. cent would be increased to 92 percent, Members of the other body. This is I can tell you, many people have which does not sound like a big in- something that many people feel very come to our committee—we have had crease, and is not as large as I would strongly about, that some people think hearings on this—and they have talked like, but it means hundreds of thou- is one of the most important parts of about how much better we can do it if sands of dollars to each State. this bill: the Safe Routes to Schools. we just have a chance to get away from Without the bill, we will not have This will save young lives in America. this mold we have been living in, the that. We will just have an extension of If we do not pass this bill—and we are methods we are using and have been what we have today at 90.5 percent. We not going to pass it if we are working using for the last half century. If we would have no new safety core pro- on an extension—young lives could just operate on an extension, we do not grams if we are not able to pass this very well be lost. have a chance to do any of that. bill. One of the biggest problems we are This bill is more than just a highway Again, we have talked about the dif- having right now—I know my State of bill. We have talked about bridges and ficult job in putting together a fair for- Oklahoma is not a lot different from highways a lot. But this is an inter- mula. The fair formula is one that no other States—is we are sitting back modal transportation bill. A lot of peo- one thinks is fair. Perhaps we have a there with the department of transpor- ple do not realize it, but my State of fair formula as a result of that type of tation, we are sitting back there with Oklahoma is actually a navigable analysis. One of the factors in the 20- highway contractors who have the State in terms of barge traffic coming some factors of a formula is the fatali- labor set up, all ready to go to work, in and out of the State. We have ties of the States. My State happens to all ready to repair roads, to build chokepoints with regard to train trav- be a high-fatality, per capita State, so roads, to build bridges, and there is no el, channel travel, air travel. This bill there is a consideration in the formula certainty. They do not know for sure addresses those chokepoints. At the for that. If we do not pass the bill, we we are going to pass a bill. If we do not present time, without this bill, that is will not have any of the safety pro- pass a bill, we may be on a 1-month ex- not going to happen. grams. tension, we may be on a 2-week exten- Lastly, and this is probably the most Right now, we have some stream- sion, we may be on a 1-year extension. important thing, the bill has firewall lining provisions that took us—and I There is no way we can plan ahead and protections to make sure people—I am sure the distinguished ranking mi- get the most from our dollars if we do have always thought of this as a moral nority member, Senator JEFFORDS, not have a bill. There would be 5 years issue. If somebody is driving up to the would agree with this—we spent 3 remaining on this bill for people to be pump and he or she pays that tax, I years coming up with what we can do able to plan for the future. So that cer- never hear anyone complaining about to protect the environment and at the tainty is very important. the high taxes on motor fuel because same time streamline the process of A lot of the States are border States. they recognize and believe all that building roads so we do not come into My State of Oklahoma is not a border money is going to go to road improve- delays that are costly delays and use State, but a lot of them are. They have ment, to new roads and new bridges. up our mile dollars. We have done that. to deal with the NAFTA traffic. This But, in fact, that is not the case be- We have come to a lot of compromises. bill has a borders program as well as a cause, like any trust fund, the propen- It is kind of interesting, I think corridors program built into it to take sity of people in elected positions— those of us on the committee, who all into consideration some of the unique whether it is State or Federal—to supported these streamlining provi- problems that come with the expanded spend the taxpayers’ money is insatia- sions, did not really like the way they traffic from trade. If we do not pass a ble. They will go and rob these trust

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funds, whether it is the Social Security BAUCUS for their tremendous efforts in I yield the floor and suggest the ab- trust fund, the highway trust fund, or crafting the finance title of this pro- sence of a quorum. any of the other trust funds we have, posal. The PRESIDING OFFICER. The and put it in other programs. It is when This package will create jobs. It will clerk will call the roll. nobody is looking. Well, we have fire- save lives. It will reduce travel time. The assistant legislative clerk pro- walls in this bill that would preclude And it will improve the quality and ceeded to call the roll. that from happening. structure of our Nation’s surface trans- Mr. DORGAN. Mr. President, I ask One of the things I liked about the portation system. unanimous consent that the order for bill we had last year was that we Just this week, the Texas Transpor- the quorum call be rescinded. changed all those provisions where tation Institute at Texas A&M Univer- The PRESIDING OFFICER. Without they had been using trust fund money sity released its annual Urban Mobility objection, it is so ordered. to support policies that have nothing Report. This highly respected report AMENDMENT NO. 652 TO AMENDMENT NO. 605 to do with transportation. We are, to a once again tells us we need to do better Mr. DORGAN. Mr. President, I have when it comes to transportation in this great extent, going to be doing that an amendment I would like to have country. The report tells us that traffic with this bill, too. considered. My amendment is No. 652, congestion delayed travelers 79 million So the urgency of passing this bill is which I have filed and is at the desk. more hours—79 million more hours— upon us. We have to do it this week. It The PRESIDING OFFICER. The and wasted 69 million more gallons of would be Monday at the latest, but this pending amendment is temporarily laid week, I would say, in order to get it to fuel in 2003 than in 2002. The report tells us that overall in aside. conference, come back from con- The clerk will report. ference, have the conference report 2003, there were 3.7 billion hours of travel delay and 2.3 billion gallons of The assistant legislative clerk read adopted in both the House and the Sen- as follows: ate, and then signed by the President. wasted fuel, for a total cost of more than $63 billion. But this bill is about The Senator from North Dakota [Mr. DOR- We can do that if we move expedi- GAN] proposes an amendment numbered 652. tiously now, but if we do not, it is not more than reducing traffic congestion. The U.S. Bureau of Transportation Mr. DORGAN. Mr. President, I ask going to happen. We have a May 31 Statistics says there are approximately unanimous consent that further read- deadline. What is today? May 11. Today 45,500 transportation-related fatalities ing of the amendment be dispensed is May 11. So we have 20 more days to per year, 94 percent of which occur on with. get this all the way out of the Senate, highways. That is because over a quar- The PRESIDING OFFICER. Without into conference—of course, the House ter of our interstates remain in poor or objection, it is so ordered. has already passed the bill, so they are mediocre condition. Fourteen percent The amendment is as follows: waiting for us now—have it considered of our bridges are structurally obso- (Purpose: To provide for the conduct of an in conference, and then have it sent lete. This is unacceptable. Something investigation to determine whether mar- back here. That is not much time. must be done. ket manipulation is contributing to higher Things do not happen very quickly That is what we are trying to do here gasoline prices) around here. But I know Senator JEF- today. We have worked very diligently At the end of chapter 3 of subtitle E of FORDS and I will do everything that is to reach a compromise that will move title I, add the following: necessary in that conference to make us forward in safety, commerce, envi- SEC. 15ll. INVESTIGATION OF GASOLINE sure we come out with a good bill, get ronmental protection, and congestion PRICES. that bill back here, passed the House, reduction. (a) IN GENERAL.—Not later than 90 days passed the Senate, and to the Presi- I encourage all Senators to come to after the date of enactment of this Act, the dent’s desk, to have a highway bill. If the floor and offer their amendments Federal Trade Commission shall conduct an investigation to determine if the price of we do not do it, none of these 10 things sooner rather than later. Let’s get this I mentioned are going to happen—none gasoline is being artificially manipulated by bill done so our States can get started reducing refinery capacity or by any other of them. with their critical work. Let’s get this form of market manipulation. There may be parts of the bill you bill done this week so we can move it (b) REPORT.—On completion of the inves- don’t like. There are parts of the bill I to conference with the House as soon tigation under subsection (a), the Federal do not like. But I hope people realize as possible. Trade Commission shall submit to Congress that just operating on an extension, I yield the floor. a report that describes— after we are on our sixth extension The PRESIDING OFFICER. The Sen- (1) the results of the investigation; and now, is no way to do business. We are ator from Oklahoma. (2) any recommendations of the Federal here to do a better job for the Amer- Mr. INHOFE. Mr. President, I thank Trade Commission. ican people. the Senator from Vermont for his ex- Mr. DORGAN. Mr. President, first, Hopefully, some people will be com- cellent statement. I agree with all of we are deliberating in the Senate about ing down to the Chamber. it. a highway bill. I appreciate the work I yield the floor to Senator JEF- I see the Senator from New Jersey is the chairman of the committee and FORDS. not in the Chamber, but let me make ranking member have done on this The PRESIDING OFFICER (Mr. one comment. When I was talking piece of legislation. It has been a long COBURN). The Senator from Vermont. about the withholding of funds and the and tortured process to get this piece Mr. JEFFORDS. Mr. President, I Federal mandates, he is accurate in the of legislation to the floor of the Sen- thank again Senator INHOFE and Sen- fact that funds would not be withheld. ate. While I may not agree with every ator BOND for their leadership on this It would mandate that 3 percent of the single line in the bill, I admire their bill. I am glad to be here on the Senate money of the portion of funds that work. I think their work is commend- floor continuing to debate this impor- would go to his State would be taken able, and it will advance this country’s tant legislation. from the surface transportation pro- interests. For that reason, I intend to This managers’ package we have be- gram, the National Highway System, support the legislation. fore us today will increase the funding and the interstate maintenance pro- I think with respect to this country’s in our legislation $11.2 billion and en- grams. That is the problem I have. In a future, its economy, future opportuni- sures that all States will have the re- way that is withholding money. That is ties in expanding our economy, there is sources necessary to improve their a mandate that is backed up by with- nothing that more quickly expands the highways, roads, and bridges. holding funds. country’s economy or more quickly This package will be the catalyst It is my understanding we have two provides opportunity all across this that helps get this bill completed the Members who are due to bring their country than the investment Congress way it I should be—fully funded. I sin- amendments. We encourage them to makes in a program that provides for cerely thank Senators GRASSLEY and come. highway and bridge construction and

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We need a new en- dications, it seems to me, that some layed, but now while it is on the floor, ergy policy on the floor of the Senate. enterprises that have now merged suc- I also want to not only commend the I also think even as all of these cessfully and become larger and strong- committee for its work, I want to offer events are occurring—the price of oil er and have better capability to be in- an amendment that deals with some- increasing, the spot market showing volved in affecting the market in a thing that relates to it. the price of oil is $50 or $52 or $55 a bar- more deliberate way are increasing Let me discuss briefly the amend- rel, and the price of gasoline is increas- their profits because they can, not be- ment and then describe why I want this ing at the pumps, and you drive up to cause there is aggressive and robust amendment considered on this bill. My a gas pump someplace and somebody is competition, but because they have the amendment simply deals with the price driving a 6,500- or 7,000-pound car, per- economic clout to do it. of gasoline and asks the FTC to, within haps a humvee, and you wonder a little I am wondering if on behalf of the 90 days of the legislation being en- bit about how all this works. When I American consumers we ought not acted, conduct an investigation of gas- drive up next to a humvee and every- have aggressive oversight and aggres- oline prices in this country. Let me de- body has a right to drive a humvee I sive investigation. scribe a bit of the background for this. think of the Latin term, ‘‘totus Now, we have seen activities from I don’t allege there is corruption, price porcus.’’ I am not sure why I think of very large oil companies in the Con- fixing, or collusion. What I do know is that. When somebody sits there with a gress. The House of Representatives, by this: When big companies get bigger 7,000-pound vehicle, with one person in the way, just passed an energy bill say- and more companies become fewer the vehicle going to work, you wonder ing we need more incentives for these companies, there is a capability to in- about that. The marketplace probably energy companies to be exploring for fluence the marketplace in a signifi- takes care of some of that, although more oil and natural gas, at a time cant way. I chaired the hearings in the somebody who is going to buy a when the oil prices are at a record Senate that investigated the Enron sit- humvee probably doesn’t care much high. Even the President says that uation. Now, having sat in the chair in- about the price of gasoline. doesn’t make any sense at all. It is in- vestigating what Enron did with re- The price of gasoline is an inter- teresting while they are wanting more spect, not to gasoline, but with respect esting phenomenon in our country. As tax incentives to explore for more oil, to electricity sales on the west coast, the price of oil goes up, and we hear they are busy buying up stock with the creation of strategies called Death about it on the news, all of a sudden, extra profits. That is what they are Star, Fat Boy, Get Shorty—all of that day or the next day the price of doing: they are not putting those prof- which were strategies to literally steal gasoline goes up with a blink of an eye, its in the ground. I find that inter- from the pockets of people living on following the price of oil. Then the esting as well. the west coast. They bilked people out price of oil comes down a bit, and the I think the FTC is the appropriate of billions of dollars by manipulating price of gasoline doesn’t move down agency to investigate gas prices. I and overpricing with respect to the with quite the same rapidity. Some- think, on behalf of American con- electricity market. We know that now thing interesting is going on. I would sumers, we ought to take a hard look and we also know that some executives like to discuss a bit of it. at it, and the FTC is the place to do it. from that company are on trial, about Since 1990, the number of major oil I pulled up at a four-way stop sign near to go on trial, or have finished their and gas companies has gone from 34 to Mohall, ND, one day, and there was an trials, and some have been sentenced to 13. The number of refining companies old car in front of me, and it was well 10 years of hard tennis at a minimum has gone from 13 to 7. The other day, I used and well worn, with the back security prison. Others will get a stiff- noticed that while we have very high bumper kind of askew and not much of er penalty. It was wholesale stealing prices for oil and gasoline, Exxon Oil a paint job left. It had four or five peo- from the American people. Why? One, had the highest profit ever for a cor- ple in it, and it was belching smoke out because they could; and, two, because poration—record profits. So I am ask- of the back end. They had a plain, sim- there are people who are corrupt in ing myself the question: Why should an ple little bumper sticker. The bumper their hearts engaging in these prac- oil company have record profits just sticker from this old wreck of a car tices. because the price of oil is high and the that is now stopped at a four-way stop I don’t allege the same exists with price of gasoline is higher? Has the said: We fought the gas war and gas oil. I don’t have any idea with respect margin between those two prices won. to oil and the price of gasoline. I under- changed with respect to those that are Well, the message from that old car, stand that the circumstances with oil delivering it? The answer comes in the ‘‘gas won,’’ is a message I think every- are complicated. Sixty percent of the evaluation of what has happened to body understands. We are talking oil we use in this country—inciden- total revenues and to net income for about a big industry that has consoli- tally, the increased usage substantially the major oil companies. As we have dated and merged so that there are far is for transportation—comes from off gone from more to fewer oil companies, fewer companies, with much greater our shore. The pricing for oil coming what we see is now, with the price of market clout, and I think we need sub- from the spot market relates to supply oil and gasoline in many cases at near stantial oversight. The basic consumer and demand, I am sure, but the supply record levels, so, too, are the profits of protection statute enforced by the Fed- largely comes from Saudi Arabia, Iraq, the oil companies. There have been eral Trade Commission is in section Kuwait, Venezuela, and others. Now, profit increases year to year of 108 per- 5(a) of the Federal Trade Commission we are really fooling ourselves if we cent, 79 percent, 101 percent, 152 per- Act. It provides that unfair or decep- think it is not holding America hos- cent, 1,000 percent, 400 percent—these tive acts or practices in or affecting tage and our economic future hostage are the major oil companies and the in- commerce are declared unlawful. Un- with 60 percent of our oil coming from crease in their profits from 2003 to 2004. fair practices are defined to mean off our shores and most of it coming Question: Given what we know about those that: from troubled parts of the world. what has happened in some areas and cause or are likely to cause substantial in- If, God forbid, terrorists should inter- in some industries with respect to ma- jury to consumers which is not reasonably rupt the flow of oil into this country nipulation of supply and demand and avoidable by consumers themselves and not tomorrow night, our economy would be manipulation of prices, should we not outweighed by countervailing benefits to belly up very quickly. So that calls for have aggressive oversight and inves- consumers or to competition. and begs for a new energy policy, in- tigation to make sure the consumer is In the State of North Dakota, a State stead of simply saying that our exclu- protected? I don’t have the information I represent in the Senate, we actually

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9268 CONGRESSIONAL RECORD—SENATE May 11, 2005 drive a lot because we are a State that what the ingredients are of these pric- even three votes, depending on what is 10 times the size of the State of Mas- ing strategies, but I would like the comes down between now and 5:30. sachusetts. We have 642,000 citizens and Federal Trade Commission, on behalf I suggest the absence of a quorum. we drive a lot. In fact, it is interesting; of the American people, to take a good The PRESIDING OFFICER. The we drive almost twice as much per per- hard look. So my amendment would clerk will call the roll. son as they do in New York. The aver- provide that be the case 90 days fol- The legislative clerk proceeded to age North Dakotan drives twice as lowing the enactment of this legisla- call the roll. much per person per year as a New tion, and we would then have the ben- Mr. HARKIN. Mr. President, I ask Yorker, which means of course the bur- efit of a formal Federal Trade Commis- unanimous consent that the order for den of the gas tax itself is twice as sion study of gasoline pricing. the quorum call be rescinded. high, but that is all right. We under- I think on behalf of the American The PRESIDING OFFICER. Without stand that. We like where we live. people, given this time, given these cir- objection, it is so ordered. North Dakota is a wonderful State. But cumstances, we ought to expect that AMENDMENT NO. 618 TO AMENDMENT NO. 605 because gasoline is a significant issue and demand that and that is what I do Mr. HARKIN. Mr. President, I ask for us and the price of gasoline is im- in this amendment. unanimous consent to set aside the portant for people who drive as much I yield the floor, and I suggest the ab- pending amendment, and I call up as we do, it is very important to us sence of a quorum. amendment No. 618 and ask for its im- that we see that these prices are fair. The PRESIDING OFFICER. The mediate consideration. It is hard for me to understand how clerk will call the roll. The PRESIDING OFFICER. Without at a time when the oil prices have The assistant legislative clerk pro- objection, the clerk will report. spiked and gasoline prices have risen ceeded to call the roll. The legislative clerk read as follows: substantially, how the profit margin Mr. GREGG. Mr. President, I ask The Senator from Iowa [Mr. HARKIN], for has increased so dramatically for the unanimous consent that the order for himself, Mr. KENNEDY, Mr. OBAMA, and Mr. oil companies themselves if in fact this the quorum call be rescinded. CARPER, proposes an amendment numbered is a competitive market. If it is not a The PRESIDING OFFICER. Without 618. competitive market, then I think there objection, it is so ordered. Mr. HARKIN. Mr. President, I ask needs to be substantial investigation to Mr. INHOFE. We are encouraging unanimous consent that reading of the see whether the consumers are being Members to come to the floor. The Sen- amendment be dispensed with. gouged. ator from Iowa is prepared to offer an The PRESIDING OFFICER. Without Let me say again when I chaired the amendment, and another behind him. I objection, it is so ordered. hearings about the manipulation of the am hoping we will be able to get these The amendment is as follows: market and the grand theft that oc- amendments so we can perhaps have (Purpose: To improve the safety of non- curred with the Enron Corporation some stacked votes tonight—maybe 6 motorized transportation, including bicy- bilking billions of dollars from con- o’clock or so—whenever the leadership cle and pedestrian safety) sumers on the west coast, California, on both sides agrees that is the appro- At the end of subtitle D of title I, add the Oregon, Washington, and so on, it was priate time. following: unbelievable to see what those compa- I will state again how significant it is SEC. ll. NONMOTORIZED TRANSPORTATION SAFETY. nies did because they could. They had we pass this bill. It will be very costly Section 120(c) of title 23, United States larceny in their heart and they decided in terms of dollars if we do not get it Code, is amended— to profit to the tune of billions of dol- completed. There are a lot of programs (1) in the first sentence, by striking ‘‘The lars by literally stealing from con- incorporated in this lengthy bill that I Federal’’ and inserting the following: sumers. As I have said before, I am not do not agree with and we debated them ‘‘(1) IN GENERAL.—The Federal’’; and alleging that is happening here. I do for 3 years. I had to lose some and I (2) by adding at the end the following: not have the foggiest idea what the me- won some. ‘‘(2) STATEMENT OF POLICY BY STATE TRANS- chanics are for the pricing strategies or This is one I don’t think there is one PORTATION DEPARTMENTS.— member of the committee I chair of 10 ‘‘(A) IN GENERAL.—Each State transpor- what has led to record profits for the tation department shall adopt a statement of oil companies. Republicans and 8 Democrats who will policy ensuring that the needs and safety of All I know is the oil companies are say they got everything they wanted. all road users (including the need for pedes- bigger. They have more muscle. They Maybe that is a sign that we did a pret- trian and bicycle safety) are fully integrated have more capability to affect the mar- ty fair job. We need to have the bill into the planning, design, operation and ketplace, and I believe when there are passed. maintenance of the transportation system of fewer competitors and less competi- We need to do what we can to avoid the State transportation department. tion, there is a responsibility on behalf another extension. An extension causes ‘‘(B) BASIS.—In the case of bicycle and pe- of consumers to ask for a referee to all of the 10 problems I outlined a few destrian safety, the statement of policy shall be based on the design guidance on accom- look over their shoulder and see that minutes ago. There is a clear right and modating bicyclists and pedestrians of the everything is all right. wrong in this case. I suggest the ab- Federal Highway Administration adopted in I only wish we had done that earlier sence of a quorum. February 2000. in the Congress when it was quite clear The PRESIDING OFFICER. The ‘‘(C) REPORTS.—Not later 1 year after the that the wholesale prices for elec- clerk will call the roll. date of enactment of this paragraph, and tricity charged by Enron and others in The legislative clerk proceeded to each year thereafter, the Secretary shall the west coast marketplace—I only call the roll. submit to Congress a report on the state- wish we had been more aggressive and Mr. INHOFE. Mr. President, I ask ments of policy adopted under this para- graph. we had demanded the Federal Energy unanimous consent that the order for ‘‘(3) NONMOTORIZED TRANSPORTATION Regulatory Commission and others to the quorum call be rescinded. GOAL.— be in there up to their neck in inves- The PRESIDING OFFICER. Without ‘‘(A) IN GENERAL.—The Secretary shall tigating what was going on, but the objection, it is so ordered. take such actions as are necessary to, to the Congress was late. The Federal Energy Mr. INHOFE. Mr. President, we do maximum extent practicable, increase the Regulatory Commission was asleep have at least one amendment, the Lau- percentage of trips made by foot or bicycle from the neck up. As a result, there tenberg amendment, that is ready for a while simultaneously reducing crashes in- was grand theft on the west coast from vote. It might be that the Harkin volving bicyclists and pedestrians by 10 per- amendment will be ready for a vote cent, in a manner consistent with the goals those markets, particularly by the of the national bicycling and walking study Enron Corporation. Let us not let that also, if the Senator can get ready in conducted during 1994. happen with other industries. the next 30 minutes. I announce it is ‘‘(B) ADMINISTRATION.—Not later than 1 Again, I do not allege that is the case our intention to have a vote at 5:30, year after the date of enactment of this here. I do not have the foggiest idea and there will be either one or two or paragraph, the Secretary shall establish such

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9269 baseline and completion dates as are nec- ‘‘(I) includes the most recent data avail- streets’’ policy to accommodate essary to carry out subparagraph (A). able on the percentage of trips made by foot bicyclists and pedestrians by ensuring ‘‘(4) RESEARCH FOR NONMOTORIZED USERS.— and by bicycle in each jurisdiction; that all users are considered when com- ‘‘(A) FINDINGS.—Congress finds that— ‘‘(II) includes an improved target level for munities are built or modernized. ‘‘(i) it is in the national interest to meet bicycle and pedestrian trips; and While studies show that Americans the goals of the national bicycling and walk- ‘‘(III) identify the contribution made by ing study by the completion date established each project under the transportation im- would like to bike and walk more, under paragraph (3)(B); provement program of the organization to- many roads do not have sidewalks or ‘‘(ii) research into the safety and operation ward meeting the improved target level for bike paths, making them dangerous for of the transportation system for non- trips made by foot and bicycle. pedestrians and bike riders. In many motorized users is inadequate, given that al- ‘‘(ii) APPLICATION.—Clause (i) does not cases, traffic lights do not allow most 1 in 10 trips are made by foot or bicycle apply to a metropolitan planning organiza- enough time for the elderly or people and 1 in 8 traffic fatalities involves a bicy- tion that adopts the design guidance de- with disabilities or children to safely clist or pedestrian; and scribed in paragraph (3)(B) for all transpor- cross busy intersections. Meanwhile, ‘‘(iii) inadequate data collection, especially tation projects carried out by the organiza- on exposure rates and infrastructure needs, tion. we are constructing new housing devel- are hampering efforts to improve bicycle and ‘‘(D) LOCAL JURISDICTIONS.—A metropolitan opments without sidewalks. Go out and pedestrian safety and use to meet local planning organization described in subpara- take a look at some of the new housing transportation needs. graph (A) shall work with local jurisdictions developments being added in any State. ‘‘(B) ALLOCATION OF RESEARCH FUNDS FOR that are served by the organization to maxi- A lot of times there is not even a side- NONMOTORIZED USERS.— mize the efforts of the local jurisdictions to walk. How can you ask kids to walk to ‘‘(i) IN GENERAL.—The Secretary shall sub- include sidewalks, bikepaths, and road inter- school if they don’t have a sidewalk? mit to Congress an annual report on the per- sections that maximize bicycle and pedes- My wife and I get up every morning. centage of research funds that are allocated trian safety in the local transportation sys- We have a mile route that we walk. We (for the most recent fiscal year for which tems of the local jurisdictions.’’. have sidewalks for part of the way, and data are available) to research that directly Mr. HARKIN. Mr. President, the there aren’t any sidewalks for the rest benefits the planning, design, operation, and amendment I am offering, on behalf of maintenance of the transportation system of the way. Again, it is about getting Senators KENNEDY, OBAMA, CARPER, for nonmotorized users— this integrated in the initial planning. ‘‘(I) by the Department of Transportation; and myself, calls for several simple ad- While studies show that Americans and justments to current practices at the would like to bike and walk more, ‘‘(II) by State transportation departments. Federal, State, and local level. The many roads don’t have sidewalks or ‘‘(ii) NATIONAL COOPERATIVE HIGHWAY RE- costs are minor, but the impact on bike paths. It is dangerous for pedes- SEARCH PROGRAM.—The Transportation Re- safety for those who walk and ride trians. We are building roads without search Board of the National Academy of bikes would be large. With the safety bike lanes. Quite frankly, we are head- Sciences shall submit to Congress an annual improvements that could result from ing in the wrong direction. Quite report on the percentage of research funds this amendment, I believe we could in- frankly, to promote more healthy liv- under the National Cooperative Highway Re- crease pedestrian and bike traffic, and search Program that are allocated (for the ing, we must promote people walking most recent fiscal year for which data are we could increase exercise to the ben- or biking more. I will have more to say available) to research that directly benefits efit of American’s health. We can re- about that in a minute. the planning, design, operation, and mainte- duce traffic congestion, and we can Experts I talk to tell me that even a nance of the transportation system for non- provide for safer travel for those who modest increase in pedestrian and bike motorized users. want to walk or ride a bike. traffic will get some cars off the road. ‘‘(iii) DEPARTMENT OF TRANSPORTATION AL- At the outset, I want to acknowledge That can have a significant positive LOCATION.—Effective beginning with the that there are funds in the bill for in- impact on traffic congestion and grid- third full fiscal year that begins after the creased bike paths and trails. We have lock. Research shows that often a sur- date of enactment of this paragraph, the Sec- kept the enhancement money. That is retary shall allocate at least 10 percent of prisingly small increase in the number the research funds that are allocated by the all well and good. I don’t know the of cars can make the difference be- Department of Transportation for each fiscal exact amount of money, but there is a tween a smooth flow of vehicles and a year to research that directly benefits the quite a bit involved. The problem is time-wasting traffic jam. planning, design, operation, and mainte- there is nothing in current practice According to the U.S. Department of nance of the transportation system for non- that requires State departments of Transportation, the number of trips motorized users. transportation or metropolitan plan- that are taken that are 1 mile or less is ‘‘(5) METROPOLITAN PLANNING ORGANIZA- ning organizations to integrate in their about one out of four. In other words, TIONS.— planning upfront for bike paths and about 25 percent of all trips taken are ‘‘(A) BICYCLE/PEDESTRIAN COORDINATORS.— sidewalks when they are planning high- A metropolitan planning organization that 1 mile or less. Nearly half of all the serves a population of 200,000 or more shall ways. Again, I think a lot of the good trips taken in this country are under 5 designate a bicycle/pedestrian coordinator to money for bike paths and trails will be miles. So it wouldn’t take a huge shift coordinate bicycle and pedestrian programs used to redo and retrofit what they to have an effect on traffic congestion. and activities carried out in the area served should have done in the first place. The path to safer travel on foot or by by the organization. That is what we always seem to be bike is also the path to a smarter, ‘‘(B) CERTIFICATION.—A metropolitan plan- doing—we’ll fix it up and add some- healthier, more efficient vehicle trans- ning organization described in subparagraph thing later on. That always costs more portation system. (A) shall certify to the Secretary, as part of money. Each of the provisions in my amend- the certification review, that— What this amendment does is it says: ment is intended to help us move for- ‘‘(i) the needs of bicyclists and pedestrians (including people of all ages, people who use Let’s have them at the initial planning ward toward safer travel for people in wheelchairs, and people with vision impair- stage integrate into their planning vehicles, pedestrians, for people who ment) have been adequately addressed by the sidewalks and bike paths. use bikes or people who use wheel- long-range transportation plan of the organi- The fact is, our current transpor- chairs, or for people simply trying to zation; and tation system has been engineered in a cross a road safely in a neighborhood. ‘‘(ii) the bicycle and pedestrian projects to way that is, in many cases, unfriendly When we debate the highway bill, we implement the plan in a timely manner are and often very dangerous to non- typically talk about the Nation’s infra- included in the transportation improvement motorized travel. Again, my amend- structure deficit, about jobs and eco- program of the organization. ment promotes Federal, State, and nomic competitiveness, the movement ‘‘(C) LONG-RANGE TRANSPORTATION PLANS.— local actions to make walking and of goods, and other broader transpor- ‘‘(i) IN GENERAL.—Except as provided in clause (ii), a metropolitan planning organi- biking safer and to increase the total tation goals. But we neglect other mat- zation described in subparagraph (A) shall number of walking and bicycling trips. ters that are of real concern to people develop and adopt a long-range transpor- Specifically, the amendment requires all across America in terms of trans- tation plan that— each State to adopt a ‘‘complete portation. For example, what are we

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9270 CONGRESSIONAL RECORD—SENATE May 11, 2005 doing to improve the safety of pedes- actly what my amendment is intended One of the reasons we passed the trians and bicyclists? to do, to put it into the planning stage Americans with Disabilities Act was so In the Washington, DC, area we have and make it a higher priority. This more people with disabilities would get recently experienced a rash of pedes- amendment, I guess you could say, is into the workforce. More often than trian fatalities. All across the country also designed to significantly reduce not, they rely on a bus to get there. bicyclists put their lives at risk on the number of car trips taken. How are they going to get to the bus roads that make no accommodation for As I said, consider that trips of a stop if they don’t have a sidewalk on nonmotorized traffic. No one denies mile or less represent the highest share which to even get to the bus stop? that over the years we have built a of all car trips we make every day—a Over 55 percent of all pedestrian transportation system that neglects quarter of all of those trips. This deaths occur in neighborhoods that are and endangers nonmotorized travel. means there is a huge, untapped poten- often designed with no sidewalks or Again, this costs us dearly in terms of tial to shift a significant portion of otherwise inadequate pedestrian ac- needless loss of life or permanent dis- these short-distance trips to foot or bi- commodations. So, again, in terms of abilities caused by accidents. cycle, if we make some modest adjust- helping people with disabilities make It also has other consequences. When ments and if we step up our focus on sure they can get to a job, or get to we give people no alternative to using safety. shopping, or whatever they need to do, their cars, they use their cars. So we A 2003 transportation research board they rely upon transit services, buses. add more and more vehicles to our study showed that residents of neigh- But if they cannot even get to the bus roads and highways, 25 percent of borhoods with sidewalks were 65 per- stop, what good is it? which are used for trips of less than a cent more likely to walk than resi- Over the last two generations, we mile. This translates into traffic dents of neighborhoods without side- have seen dramatic changes in how delays, congestion, often gridlock. We walks. That kind of makes sense. As I children go to school. As recently as 30 simply must give more attention to the said, my wife and I take a mile walk in years ago, up to 70 percent of children safety of pedestrians and those who use the morning, and we have sidewalks were walking or riding bikes to school. bicycles or who walk or who use wheel- part of the way, and part of the way we Outside of every school you would see chairs. are out in the street. Fortunately, bicycle racks loaded with dozens of It is pretty shocking when we look at there is not a lot of traffic at that bikes. Not anymore. Today, nearly 90 the statistics. Our Federal system for time. More than once, we have been percent of our kids are traveling to tracking fatalities, known as FARS, walking down the street where there school in vehicles, mostly buses. But if tells us that during the decade from are no sidewalks and you don’t hear a you checked the high school parking 1994 to 2003, nearly 52,000 pedestrians car coming and they slip by you. I have lots, you know it is cars, too. In addi- were killed in traffic accidents in the often thought what if I happen to step tion, a growing number of parents are driving their kids to school, putting United States. During the same 10-year one way or the other while walking and further stress on the roadways during period, more than 7,400 bicyclists were do not hear that car coming. That is the morning rush hour. Again, the log- killed. Though the data is less reliable why people don’t walk more. A study in Toronto documented a 23- ical alternative is to provide safe, con- with regard to injuries, we know the percent increase in bicycle traffic after venient options to encourage children number of nonfatal injuries ran into the installation of a bicycle lane. to walk or bike to school. the hundreds of thousands during that Think about that. They put in a bicy- I was saying earlier to Senators on same 10-year period. cle lane and there was a 23-percent in- the floor, I remember my own two In 2003, the most recent year for crease in bicycle traffic because people daughters, when they went to public which we have data, nearly 5,000 pedes- are more safe. They can travel on a bi- school out in Virginia. We live about a trians and more than 600 bicyclists cycle and know they are not going to mile from school. Well, there was a were killed in the U.S., again, with get hit. As a Senator who is a chief sidewalk about a third of the way, and many more thousands injured. Fully 13 sponsor of the Americans with Disabil- about two-thirds of the way there was percent of all transportation fatalities ities Act, which we passed 15 years ago, no sidewalk. It was a busy thorough- are pedestrians and bicyclists—13 per- I can testify that stepped-up attention fare. How are you going to let them cent. That is a rate far in excess of the to pedestrian improvement and access bike? You are not going to let them share of trips taken by pedestrians and will be enormously beneficial to people walk. So they got a car to drive a mile. bicyclists. The bottom line is it is dis- with disabilities and also to our grow- I would not let our kids walk on that proportionately dangerous to be a pe- ing population of seniors. street and neither would our neighbors. destrian or bicyclist in the U.S. This is Right now, about 85 percent of bus Again, they will come along later and one big reason why people are opting and rail users get to the bus stops and retrofit a sidewalk and that will cost not to walk or ride a bicycle. Instead, subway stations on foot. Many are peo- more money, or they will put in a bike they are getting in their cars and they ple with disabilities. And seniors have path later. Why don’t we do it up front, are contributing to traffic jams. Again, no choice but to rely on costly para- get the planning done up front? about 25 percent are going less than a transit services; they cost a lot of That is what this amendment is all mile, and over half of the time they are money. A lot of times we pay for it out about. Our focus in a transportation going less than 5 miles. of taxpayer dollars. We can reduce bill, I believe, should not strictly be on The journey to work data in the 2000 those costs by building new walkways moving vehicles. We should be more census tells a dismal story. Compared and improving the existing walkways. broadly focused on moving people and to 1990, despite a big increase in popu- I have something here that was put making it possible for more people to lation, the number of people who out by the National Association of move themselves by foot or by bicycle. walked to work fell by almost three- County and City Health Officials called For every American who opts to get to quarters of a million—727,000, to be Public Health and Land Use Planning work, school, or the grocery store by exact. In 1990, 3.9 percent of Americans and Community Design. foot or bicycle, that is less costs for walked to work. Ten years later, in It says here that a Texas study—that road building and maintenance, zero 2000, that had fallen to 2.9 percent—a is the State I referred to earlier—found contribution to traffic congestion, zero 25-percent decline in the number of that for three out of five disabled and costs in terms of pollution and environ- Americans who walk to work, in a 10- elderly people, there are no sidewalks mental degradation. Every walking and year period of time. between their homes and the closest bicycle trip that substitutes for a car These various statistics tell us that bus stop. I will repeat that. A Texas trip, especially during rush hour, many fatalities and injuries to pedes- study found that for three out of five makes a big difference. trians and bicyclists are preventable if disabled and elderly people, there are In local situations, where we can en- we make the safety of nonmotorized no sidewalks between their homes and courage hundreds or thousands of peo- travel a higher priority, and that is ex- the closest bus stop. ple to shift to walking and bicycling,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9271 this can have a dramatically positive relates more strongly with overweight course. We need a fundamental para- impact on the transportation system. and obesity than income, education, digm shift toward preventing disease, So improving and expanding side- gender, or ethnicity. promoting good nutrition, and encour- walks and bike paths is not only about One remarkable study compared the aging fitness and wellness. This will be safety, it is about maximizing the per- health of people living in walking-and- good for the physical health of the formance of our transportation sys- biking-friendly cities with the health American people. And it will be good tems. Again, the good news is, to make of people living in sprawling, car-de- for the fiscal health of Government, a positive difference, large numbers of pendent suburbs. The study, published corporate, and family budgets. vehicles do not need to be moved off a in 2003 in the American Journal of That is exactly what this amendment congested roadway. Just some of them Health Promotion, found that people is about. Yes, this amendment is a step need to be moved. It is the incremental living in counties marked by sprawling towards reducing the burdens and user that spells the difference between development are likely to walk less stresses on our transportation system. free-flowing traffic and time-wasting and weigh more than people who live in It will improve safety for pedestrians congestion, and that is why any less sprawling counties. In addition, and bikers. By encouraging walking thoughtful, effective transportation people living in more sprawling coun- and bicycling, it will also have signifi- policy for this Nation must aim for at ties are more likely to suffer from high cant health benefits. And, as a con- least modest gains in walking and bicy- blood pressure. These results hold true sequence, it will help to hold down cling. after controlling for factors such as health care costs and reduce the bur- So again I have talked about how, by age, education, gender, and race and den on Medicare and Medicaid. investing in sidewalks and bike paths, ethnicity. Now let me explain the specific ways we can reduce the stresses on our One does not need a Harvard study to that my amendment will help us to transportation system. I have also establish another correlation: The cor- capitalize on these opportunities. talked about how this can improve relation between the decline in phys- My amendment asks the Secretary of safety for pedestrians and bikers. ical activity and skyrocketing health- Transportation to report to Congress There is one other huge benefit that, care, Medicaid, and Medicare costs. We each year as to how the Federal re- by itself, would justify passing this build subdivisions without sidewalks, search dollars provided in this legisla- amendment. Simply put, by encour- schools without playgrounds, and cities tion are advancing progress on safety aging more Americans to spend more without bike lanes, and then we wring and other issues related to walking and time walking and biking, we can have our hands about rising rates of over- bicycling. a major positive impact on their health weight, obesity, and chronic disease. It also asks the Secretary to estab- and their wellness. We can reduce the We systematically neglect wellness, lish goals for increasing walking and incidence of obesity and chronic dis- fitness, and common-sense disease pre- bicycling, and to set milestones toward eases. This, in turn, will lead to sav- vention and we are shocked, shocked achieving these goals. ings in health care costs, including that health care costs are ravaging Looking into the future, it asks each Medicare and Medicaid. Federal, State, and corporate budgets. State department of transportation to Ninety million people in the United Someone once defined insanity as have a policy statement on ‘‘complete States are living with chronic diseases, doing the same old thing over and over streets,’’ so that when they undertake and many of these can be prevented again and expecting a different result. projects funded under this highway through changes in lifestyle—for exam- Well, our current health care approach bill, some consideration must be given ple, by eating nutritious foods and get- is, by definition, insane. In fact, in to the needs of non-motorized users. ting plenty of physical exercise. I wish America, today, we don’t have a true Larger metropolitan planning organi- to stress, physical exercise. When all is health care system, we have a sick care zations—that is, regional transpor- said and done, aside from tobacco use system. If you are sick, you get care. tation agencies serving 200,000 or more and genetic predisposition, there are We continue to spend hundreds of bil- people—can choose to adopt a ‘‘com- essentially two things that lead to lions on pills, surgery, treatments, and plete streets’’ policy or satisfy certain chronic disease: Poor nutrition and disability. But we are under-funding, criteria in their planning process. And lack of physical activity. They also cutting or eliminating programs de- these agencies must show how their contribute to being overweight and signed to keep people fit and well and long-range plans and transportation obese. out of the hospital. improvement programs will increase So we need to be doing everything We cannot go on like this. We are walking and bicycling. It does not re- possible to encourage Americans to en- choking our economy. We are explod- quire that sidewalks or bikeways be gage in more walking and bicycling. ing the Federal budget. And we are, lit- built along side rural roads or intercity We can begin by making it possible for erally, killing ourselves. roads. more young people to walk or to bike Consider the obesity epidemic. Some Finally, under my amendment, these to school. 65 percent of our population is now large metropolitan planning organiza- Currently, only 8 percent of elemen- overweight or obese. The incidence of tions, or MPOs, are encouraged to work tary schools and 6 percent of high childhood obesity is now at epidemic with their local governments on im- schools provide daily physical edu- levels. Alarm bells are going off all provements designed to increase biking cation year round for all students. over the place. But our Government and walking. In addition, the MPOs More than one-third of youngsters in has done virtually nothing. would be directed to designate a bicy- grades 9 to 12 do not engage regularly And the Federal budget is being cle and pedestrian coordinator, a move in vigorous physical activity. No won- eaten alive by health care costs. It is that would be in line with a require- der we have an epidemic of childhood also State budgets. It is family budg- ment placed on state transportation obesity. No wonder that American ado- ets. And it is corporate budgets. departments dating back to the 1991 lescents rank as the most overweight Look at the numbers. Last year, na- ISTEA law. in the industrialized world. tionally, we spent more than $100 bil- Each of these provisions is designed And the picture is just as bleak for lion on obesity alone. Medicare and to better align our current law prac- adults. Almost 40 percent of American Medicaid picked up almost half of that tices with key features of the bill be- adults are sedentary. In the United tab. fore us. States, only six percent of trips are by This is unwise. It is uneconomic. In the SAFETEA bill, the committee walking or biking, compared to 49 per- And, as we now know, it is totally has provided for important financial cent of trips in Sweden and 54 percent unsustainable. If we are going to con- commitments to bikes and trails. But of trips in Italy. trol Medicare and Medicaid costs, and we need to fully integrate the needs of Research shows that the amount of private-sector health care costs, as pedestrians and bicyclists into the time people spend in their cars cor- well, we need a radical change of complete transportation process.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9272 CONGRESSIONAL RECORD—SENATE May 11, 2005 There are also provisions in my vided; provided further that there be 2 and 1 in 8 traffic fatalities involves a bicy- amendment regarding how we conduct minutes equally divided for debate be- clist or pedestrian; and Federal research activities. This is de- tween the votes. ‘‘(iii) inadequate data collection, especially signed to expand our knowledge of ef- The PRESIDING OFFICER. Is there on exposure rates and infrastructure needs, fective pedestrian and bicycle safety objection? are hampering efforts to improve bicycle and The Senator from Iowa is recognized. pedestrian safety and use to meet local practices, and to help our State and transportation needs. local partners understand the best AMENDMENT NO. 618, AS MODIFIED ‘‘(B) ALLOCATION OF RESEARCH FUNDS FOR methods and practices for addressing Mr. HARKIN. Mr. President, reserv- NONMOTORIZED USERS.— these safety needs. ing the right to object, I wonder if the ‘‘(i) IN GENERAL.—The Secretary shall sub- Provisions in this ‘‘Complete Chairman would permit me to modify mit to Congress an annual report on the per- Streets’’ amendment will help us to en- my amendment by striking lines 6 centage of research funds that are allocated sure that we are designing transpor- through line 16 on page 5 dealing with (for the most recent fiscal year for which tation projects, up front, with pedes- research. data are available) to research that directly trian and bicycle safety in mind, so we Mr. INHOFE. Yes. There is no objec- benefits the planning, design, operation, and don’t have to keep going back and ret- tion to that. That will be included by maintenance of the transportation system for nonmotorized users— rofitting. So many of the programs in U.C. ‘‘(I) by the Department of Transportation; the SAFETEA bill involve re-doing and Mr. HARKIN. I ask unanimous con- and retrofitting what we didn’t do right in sent to do that. ‘‘(II) by State transportation departments. the first place. In the future, as each The PRESIDING OFFICER. Without ‘‘(ii) NATIONAL COOPERATIVE HIGHWAY RE- State adopts a ‘‘Complete Streets’’ pol- objection, the amendment is so modi- SEARCH PROGRAM.—The Transportation Re- icy, this can be avoided. fied. search Board of the National Academy of Finally, this amendment attempts to The amendment (No. 618), as modi- Sciences shall submit to Congress an annual set modest goals for increasing the fied, is as follows: report on the percentage of research funds number of walking and bicycling trips, At the end of subtitle D of title I, add the under the National Cooperative Highway Re- while reducing pedestrian and bicycle following: search Program that are allocated (for the most recent fiscal year for which data are fatalities. SEC. ll. NONMOTORIZED TRANSPORTATION available) to research that directly benefits I believe that this modest package of SAFETY. Section 120(c) of title 23, United States the planning, design, operation, and mainte- policy improvements can and will nance of the transportation system for non- make a significant difference. I am Code, is amended— (1) in the first sentence, by striking ‘‘The motorized users. very pleased by the broad range of or- Federal’’ and inserting the following: ‘‘(5) METROPOLITAN PLANNING ORGANIZA- ganizations that enthusiastically en- ‘‘(1) IN GENERAL.—The Federal’’; and TIONS.— dorse this amendment. (2) by adding at the end the following: ‘‘(A) BICYCLE/PEDESTRIAN COORDINATORS.— Mr. INHOFE. Will the Senator yield? ‘‘(2) STATEMENT OF POLICY BY STATE TRANS- A metropolitan planning organization that Mr. HARKIN. Yes. PORTATION DEPARTMENTS.— serves a population of 200,000 or more shall Mr. INHOFE. We are trying to lock ‘‘(A) IN GENERAL.—Each State transpor- designate a bicycle/pedestrian coordinator to in votes for tonight, and I was pre- tation department shall adopt a statement of coordinate bicycle and pedestrian programs paring for a unanimous consent re- policy ensuring that the needs and safety of and activities carried out in the area served all road users (including the need for pedes- by the organization. quest, but to do that we would have to trian and bicycle safety) are fully integrated ‘‘(B) CERTIFICATION.—A metropolitan plan- give—I think the Senator needs to give into the planning, design, operation and ning organization described in subparagraph the other side at least a couple of min- maintenance of the transportation system of (A) shall certify to the Secretary, as part of utes to respond. The request would be the State transportation department. the certification review, that— to have two votes take place beginning ‘‘(B) BASIS.—In the case of bicycle and pe- ‘‘(i) the needs of bicyclists and pedestrians at 5:30 on the Lautenberg amendment destrian safety, the statement of policy shall (including people of all ages, people who use and the Harkin amendment. Could I in- be based on the design guidance on accom- wheelchairs, and people with vision impair- terrupt the Senator to make that modating bicyclists and pedestrians of the ment) have been adequately addressed by the Federal Highway Administration adopted in unanimous consent request? long-range transportation plan of the organi- February 2000. zation; and Mr. HARKIN. Absolutely. ‘‘(C) REPORTS.—Not later 1 year after the The PRESIDING OFFICER. The Sen- ‘‘(ii) the bicycle and pedestrian projects to date of enactment of this paragraph, and implement the plan in a timely manner are ator from Oklahoma is recognized. each year thereafter, the Secretary shall included in the transportation improvement Mr. INHOFE. Mr. President, I ask submit to Congress a report on the state- program of the organization. ments of policy adopted under this para- unanimous consent that— ‘‘(C) LONG-RANGE TRANSPORTATION PLANS.— graph. Mr. HARKIN. Wait just a second, Mr. ‘‘(i) IN GENERAL.—Except as provided in President. The Senator said he wants ‘‘(3) NONMOTORIZED TRANSPORTATION clause (ii), a metropolitan planning organi- GOAL.— to do what at 5:30? zation described in subparagraph (A) shall ‘‘(A) IN GENERAL.—The Secretary shall develop and adopt a long-range transpor- Mr. INHOFE. We want to ask unani- take such actions as are necessary to, to the tation plan that— mous consent to proceed to a vote on maximum extent practicable, increase the ‘‘(I) includes the most recent data avail- the two amendments beginning at 5:30. percentage of trips made by foot or bicycle able on the percentage of trips made by foot Mr. HARKIN. Well, I had a request while simultaneously reducing crashes in- and by bicycle in each jurisdiction; from Senator CARPER who wanted to volving bicyclists and pedestrians by 10 per- cent, in a manner consistent with the goals ‘‘(II) includes an improved target level for speak. I assume Senator BOND may bicycle and pedestrian trips; and want to speak. I do not know. That is of the national bicycling and walking study conducted during 1994. ‘‘(III) identify the contribution made by only 7 more minutes. each project under the transportation im- Mr. INHOFE. I have been informed, if ‘‘(B) ADMINISTRATION.—Not later than 1 year after the date of enactment of this provement program of the organization to- we are not able to get it at this time, paragraph, the Secretary shall establish such ward meeting the improved target level for we will not be able to have the votes baseline and completion dates as are nec- trips made by foot and bicycle. tonight. I would rather have them to- essary to carry out subparagraph (A). ‘‘(ii) APPLICATION.—Clause (i) does not night. ‘‘(4) RESEARCH FOR NONMOTORIZED USERS.— apply to a metropolitan planning organiza- I ask unanimous consent that at 5:30 ‘‘(A) FINDINGS.—Congress finds that— tion that adopts the design guidance de- today, the Senate proceed to a vote in ‘‘(i) it is in the national interest to meet scribed in paragraph (3)(B) for all transpor- relation to the Lautenberg amendment the goals of the national bicycling and walk- tation projects carried out by the organiza- tion. No. 625 to be followed by a vote in rela- ing study by the completion date established under paragraph (3)(B); ‘‘(D) LOCAL JURISDICTIONS.—A metropolitan tion to the Harkin amendment No. 618, ‘‘(ii) research into the safety and operation planning organization described in subpara- with no second degrees in order to the of the transportation system for non- graph (A) shall work with local jurisdictions amendments prior to the votes and motorized users is inadequate, given that al- that are served by the organization to maxi- with the time until then equally di- most 1 in 10 trips are made by foot or bicycle mize the efforts of the local jurisdictions to

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9273 include sidewalks, bikepaths, and road inter- Your amendment proposes important, al- The Safe and Complete Streets Act of 2005 sections that maximize bicycle and pedes- beit modest, improvements to prompt the would help accomplish this goal by: trian safety in the local transportation sys- federal, state, regional and local partnership Requiring that state transportation de- tems of the local jurisdictions.’’. to embrace policy actions that will help ex- partments adopt ‘‘Complete Streets’’ policies The PRESIDING OFFICER. Is there pand travel options in the U.S., focusing spe- when constructing new transportation facili- ties with federal funds, using the Federal objection to the request from the Sen- cifically on improving safety for pedestrians and bicyclists. Highway Administration’s policy statement ator from Oklahoma? The simple policy adjustments you are pro- on accommodating pedestrians and Without objection, it is so ordered. posing are complementary to the other im- bicyclists as its basis; There will be 21⁄2 minutes per side re- portant provisions in the bill, notably the re- Directing the U.S. Secretary of Transpor- maining on this amendment. newal of the Surface Transportation Pro- tation to promote a goal of increasing the Mr. HARKIN. Mr. President, I wanted gram and its Transportation Enhancements number of pedestrian and bicycle trips, while to make sure the Senator from Mis- Program as well as the inclusion of new ini- seeking to reduce accidents involving pedes- souri had adequate time to speak. I tiatives to promote ‘‘fair share’’ expendi- trians and bicyclists; think I have made my case. I wanted to tures under the Safety program and the Safe Focusing research on the safety of non- motorized travel; and point out who is in support of this Routes to School program. These programs bolster state and local efforts to retrofit Requiring metropolitan planning organiza- amendment. I have a nice chart that transportation facilities now in place and tions serving a population of 200,000 or more says it all. The American Association help ‘‘complete our streets’’ in communities to designate bicycle/pedestrian coordinators of Retired People, the Association of throughout the nation. and include the safety needs of pedestrians Metropolitan Planning Organizations, Importantly, your amendment, with its and bicyclists in their long-range transpor- the MPOs, are in favor of this, as well emphasis on the adoption of ‘‘Complete tation plans. as America Bikes, Natural Resources Streets’’ policies by state transportation de- AARP appreciates your commitment and partments and the largest metropolitan dedication to providing mobility options for Defense Council; Paralyzed Veterans of all Americans and we look forward to work- America, again, because of the dis- planning organizations, will help ensure that, going forward, all users—transit users ing with you towards accomplishment of this ability issue; America Walks; the and other pedestrians of all ages, including important goal. If you have any further American Heart Association strongly those with disabilities, as well as bicyclists— questions, please feel free to contact me, or supports this; the American Public are given full consideration in how we design have your staff contact Debra Alvarez in Health Association; the American Soci- new and modernize existing facilities with Federal Affairs Department at (202) 434–3814. ety of Landscape Architects; the Amer- the federal dollars SAFETEA makes avail- Sincerely, ican Planning Association, among a lot able. It also calls upon the U.S. Transpor- DAVID CERTNER, Director, Federal Affairs. of others, are in favor of this amend- tation Department to report on how research funds are deployed to facilitate walking and ment. AMERICA WALKS, I hope we can adopt this amendment bicycling and prompts the Secretary to exert more leadership to make these trips safer Boston, MA, May 10, 2005. for a number of reasons, not the least and more frequent. Finally, it rightly fo- Hon. TOM HARKIN, of which is for the health and welfare cuses on the planning process in our largest U.S. Senate, Washington, DC. of the American people and to get more metropolitan areas where a substantial ma- DEAR SENATOR HARKIN: I’m writing on be- people walking and biking but to get it jority of Americans live and work, insisting half of America Walks, a national coalition of more than 60 pedestrian advocacy organi- done upfront, so when they are plan- that more attention be given to plans and in- zations located throughout the nation, to ex- vestments that promote broader travel op- ning, it is integrated upfront, and that press our support for your Complete Streets is really what this amendment does, in tions in these areas. We strongly support this amendment and amendment to the federal transportation essence. urge your colleagues to incorporate these bill. Andy Hamilton, President of America This amendment asks for upfront provisions during full Senate action on Walks, is out of town and asked me to let planning, that they have a policy SAFETEA. you know of our organization’s support for statement, that metropolitan planning Sincerely, your efforts. organizations have a complete streets ANNE P. CANBY, Communities with sidewalks will encour- policy, that all of this is done upfront. President. age people to walk more, which will improve Let us quit coming in and backfilling public health while at the same time reduc- and putting in bike paths and side- AMERICAN ASSOCIATION OF ing traffic congestion, particularly around walks after the fact. Let us get it done RETIRED PERSONS, schools. Washington, DC. May 11, 2005. upfront. That is really what this is all Complete streets will improve safety. For Hon. TOM HARKIN, decades, our roads have been designed with a about. U.S. Senate, Washington, DC. I ask unanimous consent that letters single-minded focus on moving as many cars DEAR SENATOR HARKIN: AARP commends as possible as fast as possible. Your amend- from the following national organiza- you for your leadership in offering the ‘‘Com- ment will encourage communities to provide tions be printed in the RECORD: the plete Streets Amendment’’ during Senate de- resources that enable the roads to also be- Surface Transportation Policy Project, bate on the SAFETEA legislation. Safe mo- come safe for pedestrians, cyclists, seniors, AARP, America Walks, the National bility options are essential to the independ- transit users, and people with disabilities. ence and well-being of older Americans. Completing the streets is the right thing Center for Bicycling and Walking, the Over one-fifth of persons age 65 and over do Metropolitan Planning Organizations, to do. And especially as our population ages not drive. A growing number of older Ameri- and increases in girth and Safe Routes to the League of American Bicyclists, The cans are looking for other mobility choices, School programs increase in popularity, this American Society of Landscape Archi- either because they have stopped driving, is the right time to do it! tects and the National Resources De- want to reduce their driving, or because they America Walks appreciates your focus on fense Council, and a fact sheet from the want to be more physically active. Walking this very important issue. Your amendment, National Association of County & City is an important travel option for older per- if passed, will increase transportation Health Officials. sons and, under the proper conditions, can choices and safety for all users. There being no objection, the mate- provide a safe, healthy transportation alter- Sincerely, native for carrying out daily activities. In rial was ordered to be printed in the SALLY FLOCKS, fact, walking is the most common mode of Vice-President. RECORD, as follows: travel for older persons after the private ve- SURFACE TRANSPORTATION hicle NATIONAL CENTER FOR POLICY PROJECT, A recent AARP survey, however, found BICYCLING & WALKING, Washington, DC, May 9, 2005. that one-fifth of persons age 75 and above Bethesda, MD, May 10, 2005. Hon. TOM HARKIN, perceived poor sidewalks, dangerous inter- Hon. TOM HARKIN, U.S. Senate, Washington, DC. sections, and lack of places to rest as bar- U.S. Senate, DEAR SENATOR HARKIN: On behalf of the riers to walking. Older persons also have the Washington, DC. Surface Transportation Policy Project, I am highest rate of pedestrian fatalities of any DEAR SENATOR HARKIN: I am writing on be- writing to indicate our strong support for age group. We believe it is important that half of the National Center for Bicycling & the ‘‘Complete Streets Amendment’’ you will communities provide infrastructure that al- Walking to express our appreciation and sup- offer during Senate debate on the SAFETEA lows people of all ages to have safe mobility port for your proposed Complete Streets legislation. choices, including walking and bicycling. amendment to the transportation bill.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9274 CONGRESSIONAL RECORD—SENATE May 11, 2005 The actions called for in your amendment portation reauthorization bill. Please feel meet this goal. In fact, one study found that are the next logical step in a process going free to contact Debbie Singer at 202–296–7051 43 percent of people with safe places to walk back more than 30 years, whereby the Con- or [email protected] if you have any further within 10 minutes of home met recommended gress has recognized progressive trends re- questions. activity levels, while just 27% of those with- lated to bicycling and walking emerging at Sincerely, out safe places to walk were active enough. the state, regional, and local levels and in- MAYOR RAE RUPP SRCH, And another recent study found that resi- corporated them into our national transpor- AMPO President. dents are 65% more likely to walk in a neigh- tation policy. The policy actions detailed in borhood with sidewalks. your amendment will help improve the effi- LEAGUE OF AMERICAN BICYCLISTS, Benefits include more than increased phys- ciency and effectiveness of transportation Washington, DC, May 11, 2005. ical activity. Air quality in our urban areas plans, programs, and projects at all levels of Hon. TOM HARKIN, is poor and linked to increases in asthma and government, and provide the American peo- U.S. Senate, Washington, DC. other illnesses. Replacing car trips with ple—people of all ages—with better roads and DEAR SENATOR HARKIN: On behalf of the biking or walking means less air pollution. safer communities. 300,000 affiliated members of the League of And if each resident of an American commu- Our country needs this kind of leadership American Bicyclists and the nation’s 57 mil- nity of 100,000 replaced just one car trip with and support. We are beset by a host of public lion adult bicyclists, I am writing to support one bike trip just once a month, it would cut health challenges such as obesity, physical the inclusion of the ‘‘Complete Streets carbon dioxide (CO2) emissions by 3,764 tons inactivity, and motor vehicle-related inju- Amendment’’ as part of SAFETEA. per year in the community. ries and fatalities. We know we need to be In ISTEA and TEA–21, Congress estab- In short, I commend you for offering this more active and the public health experts lished the principle that new road projects amendment, which would provide Americans have identified walking and bicycling as two and reconstructions should provide safe ac- with more transportation choices, improve of the best opportunities available to im- commodation of bicycling and walking. public health and reduce pollution. prove and maintain our health. While some states are beginning to make Sincerely, Sadly, the streets in many of our commu- progress in this area, federal guidance on DERON LOVAAS, nities are not yet inviting places to take a this issue has been overlooked by many state Vehicles Campaign Director. walk or ride a bike. However, we know how and local transportation agencies. to make them better. Your proposed amend- The Complete Streets Amendment seeks to AMERICAN SOCIETY OF ment will ensure that we do what needs to be address this issue by simply directing all LANDSCAPE ARCHITECTS, done, for our health and for the health and states to adopt a ‘‘Complete Streets Policy’’ Washington, DC, May 9, 2005. well-being of our children and grandchildren. to ensure that states build streets and high- Hon. TOM HARKIN, Thank you. ways that adequately accommodate all U.S. Senate, Sincerely, transportation users—including bicyclists, Washington, DC. BILL WILKINSON, pedestrians, and people with disabilities. In DEAR SENATOR HARKIN: On behalf of the AICP, Executive Director. addition, the amendment encourages local American Society of Landscape Architects, I action on bike/ped safety, sets goals for non- write to convey our strong support for your ASSOCIATION OF METROPOLITAN motorized transportation, and focuses re- proposed ‘‘Complete Streets’’ amendment to PLANNING ORGANIZATIONS, search on nonmotorized travel safety. the SAFTEA legislation in the 109th Con- Washington, DC, May 10, 2005. These are all important issues to the bicy- gress. In order to provide for safer and more Hon. TOM HARKIN, cling community and beyond. Other impor- active communities, we must complete our U.S. Senate, Hart Senate Office Building, tant issues that we are pleased that the bill streets and roadways by ensuring that they Washington, DC. managers have already recognized include: are designed and operated to enable access DEAR SENATOR HARKIN: On behalf of the Strengthening our core programs (En- for all users, including pedestrians, Association of Metropolitan Planning Orga- hancements, Recreational Trails, CMAQ, bicyclists and transit riders of all ages and nizations, we write in support of your etc.); abilities. In the past, the concerns of non- amendment to improve the safety of non- Establishing a Fair Share for Safety Provi- motorized transportation users have been motorized transportation, including bicycle sion, which ties safety spending to fatality bypassed all too often, and your amendment and pedestrian safety. Metropolitan Plan- crash rates by transportation mode; and takes a critical, common sense step toward a ning Organizations (MPOs) are charged with Providing a National Safe Routes to more comprehensive, integrated and effec- planning for the nation’s transportation Schools Program, which provides funding to tive transportation system. needs and they work to protect and improve improve infrastructure and education to Because of our nation’s inherent strengths, regions throughout the United States. MPOs make it safer for our nation’s children to continued growth, and boundless potential, provide a locational nexus for representa- bike and walk to school. we sometimes overlook the obvious as we tives from various modes of transportation We applaud you for your leadership on this forge ahead. We have arrived at the point to come together in support of a more com- issue. Likewise, we applaud the bill man- where we have to take measures to better ac- plete regional transportation system. We be- agers for their commitment to completing commodate life outside of our automobiles. lieve that your amendment will further the action on a reauthorization bill that includes This is not a simple task, but, with proper goal of ‘‘Complete Streets’’ and will provide good investments that will give all Ameri- planning, the benefits of a visionary ap- much needed safety improvements for cans safer places to bike and walk. proach will far outpace our initial efforts. bicyclists and pedestrians, while alleviating The adoption of the ‘‘Complete Streets Your amendment provides an appropriate congestion on our nation’s roads. Amendment’’ does not add to the cost of the and timely framework for those efforts by We are pleased to see that this amendment overall bill and is, in fact, complementary to encouraging planning, prioritizing and re- targets MPOs in urban areas with popu- the bicycling provisions already included. As search by states and municipalities. lations greater than 200,000. While we recog- such, we support its inclusion in SAFETEA. If the Complete Streets Amendment is nize the importance of this amendment, we Sincerely, passed by the Senate, protected in con- believe that requiring all MPOs to designate MELE´ WILLIAMS, ference, and signed into law along with the a bicycle/pedestrian coordinator would place Director of Government Relations. rest of SAFTEA, we can forecast the results an undue burden on our smallest members. with a great degree of confidence. Complete Those MPOs that represent populations of NATURAL RESOURCES DEFENSE COUNCIL, Streets will lead to improved safety, and pro- greater than 200,000 are capable of these ad- Washington, DC, May 9, 2005. mote a more active American lifestyle, with ditional requirements, assuming that the PL Hon. TOM HARKIN, more walking and bicycling for health. Com- increase to 1.5% that is currently in the Sen- U.S. Senate, Washington, DC. plete Streets will also help ease the trans- ate bill is realized. We are concerned, how- DEAR SENATOR HARKIN, On behalf of NRDC portation woes with which so many of us are ever, that if these requirements are imposed and our 600,000 members, I am writing to ex- increasingly familiar. Roadways that provide without a corresponding funding increase, we press support for your Complete Streets varying travel choices will give people the may not be able to meet these added expec- Amendment. This set of commonsense poli- option to avoid traffic jams, reducing con- tations. The 2000 census designated 46 new cies would spur new construction and retro- gestion and increasing the overall capacity MPOs but no additional funding was pro- fitting of highways and roads that aren’t of our transportation network. vided for these MPOs. As a result, over 350 currently accessible to bikers and pedes- This amendment also has an important MPOs are now sharing a pot of money that trians—i.e., ‘‘completing the streets’’ so that place in the transportation bill because Com- was established for approximately 300 MPOs. all users are welcome, not just drivers. plete Streets make fiscal sense. Integrating We believe that ‘‘Complete Streets’’ is an The amendment is particularly timely, as sidewalks, bike lanes, transit amenities, and important goal of a regional transportation public health experts encourage Americans safe crossings into the initial design of a system. We are pleased to see that you are to walk and bike as a response to the obesity project spares the costly expenses of retro- offering this amendment as part of the trans- epidemic. Completing our streets can help to fits later on ‘‘down the road.’’

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9275 As practitioners of urban design and revi- new development. Wastewater also poses a bidity and mortality, traffic fatalities, and talization, site planning, land use policy and serious threat to water quality. In Florida, it substandard housing disproportionately af- master planning, landscape architects are is estimated that onsite sewage treatment fect low-income and minority populations. continually engaged with public officials, de- and disposal systems discharge 450 million Environmental Protection Agency data velopers and homeowners to design the gallons per day of partially treated, non-dis- shows that Hispanics are more likely than places in which we live, work, and seek rec- infected wastewater, which can lead to con- Whites to live in air pollution non-attain- reational opportunities. The American Soci- tamination of ground water supplies. ment areas. Asthma mortality is approxi- ety of Landscape Architects heartily encour- TRAFFIC SAFETY mately three times higher among Blacks ages creating and improving access to places According to the National Personal Trans- than it is among Whites. As neighborhoods for physical activity within our commu- portation Survey, walking accounts for only undergo gentrification, people of a lower so- nities. five percent of trips taken and less than one cioeconomic status are pushed to the fringes, It is not asking too much to make Com- percent of miles traveled, due in part to a limiting their access to social services. A plete Streets a national transportation pri- lack of appropriate and safe options for pe- lack of public transportation options often ority. The Congress has worked long and destrians. Approximately 4,882 pedestrians exacerbates the problem and leaves minority hard to craft an effective transportation were killed by vehicles and 78,000 injured in populations disproportionately affected by package, and the Complete Streets Amend- 2001. A Texas study found that for three out less access to quality housing, healthy air, ment will put the country on the same of five disabled and elderly people, there are good quality water, and adequate transpor- ‘‘planning page,’’ providing us with sound no sidewalks between their homes and the tation. footing as we move towards a stronger, safer, closest bus stop. Over 55 percent of all pedes- ROLE OF LPHAS and healthier future. It is our hope that the trian deaths occur in neighborhoods, which Because most land use planning occurs at United States Senate will recognize and en- are often designed with a bias toward cars, the local level, it is essential that LPHAs be- dorse the wisdom of the Harkin Complete with no sidewalks or otherwise inadequate come more integrated in the planning proc- Streets Amendment. We thank you for your pedestrian accommodations. ess in order to address and prevent exemplary leadership on this critical compo- unfavoravble outcomes for public health. nent to the overall health, wellbeing, and PHYSICAL ACTIVITY LPHAs must assume a diverse and proactive functionality of our communities. Community design often presents barriers approach in order to be successful in this Sincerely, to physical activity, contributing to in- creased risk for obesity, heart disease, diabe- role, including: PATRICK A. MILLER, Forging partnerships between LPHAs and tes, and other chronic diseases. Barriers in- President. local planning and transportation officials in clude, but are not limited to, the absence of order to bring health to the planning table. FACTSHEET—NATIONAL ASSOCIATION OF sidewalks, heavy traffic, and high levels of Using data to arm and inform stakeholders COUNTY AND CITY HEALTH OFFICIALS crime. Today, nearly one in four Americans and decision makers, substituting national is obese, and at least 50 percent are over- UNDERSTANDING THE ISSUES data if local data is unavailable. weight. As access to recreational infrastruc- Land use, community design, and transpor- Expanding the role of LPHAs in com- ture may be limited, people with disabilities tation planning have an impact on the menting on development plans. health of communities in relation to diseases often have less opportunity to engage in Electing health officials to planning and injuries, as well as quality of life and physical activity. People are more likely to boards and other community positions. well being. Environmental conditions such be physically active if they can incorporate Attending planning meetings regularly. as air quality, ground and surface water con- activity into their daily routine. A 1996 re- Serving as information conduits, keeping tamination, and the re-use of brownfields port from the U.S. Surgeon General deter- abreast of current processes and policies, and (used lands where expansion or redevelop- mined that each year, as many as 200,000 disseminating information to community ment is complicated by real or perceived en- deaths are attributable to a sedentary life- members. vironmental contamination) affect disadvan- style. Adopting local resolutions on health and taged populations more severely, particu- MENTAL HEALTH land use/transportation planning. larly given the current separation between According to the Human Environment-Re- NACCHO’S ROLE land use planning and public health. Local search Lab, studies have shown that expo- NACCHO’s goal is to integrate public public health agencies (LPHAs) can ensure sure to greenspace helps to foster an in- health practice more effectively into the that community health is emphasized creased sense of community, and also lessens land use planning process by enhancing the throughout the planning process by becom- the effects of chronic mental fatigue, which capacity of LPHAs to be involved in land use ing involved during the early stages of land reduces violence and aggressive behavior. A decision making. Through the development use planning. In order to ensure a better Cornell University study found that children of tools and resources, NACCHO strives to quality of life and the sustainability of our whose families relocated to areas with more promote the involvement of LPHAs with communities, it is important for planners greenspace experienced an increase in cog- elected officials, planners, and community and public health officials to collaborate on nitive functioning. Lack of accessibility, representatives in regard to health issues healthy solutions to the environmental such as absence of ramps and narrow door- and land use planning. Focus groups con- health problems that exist where we live, ways, can contribute to an increase in isola- ducted by NACCHO during the past year ex- work, and play. Planning and design deci- tion for the elderly and people with disabil- plored strategies for integrating public sions have a tremendous impact on a wide ities. Increased commuting time has been health and land use planning. To learn more, range of public health issues, including: linked with physical and stress-related visit www.naccho.org/project84.cfm, or call AIR QUALITY health problems. It is estimated that for (202) 783–5550 and ask to speak with a mem- Asthma and other respiratory diseases are each additional 10 minutes of driving time, ber of NACCHO’s environmental health staff. caused, in part, by poor air quality. Poor air there is a 10 percent decline in civic involve- ment. Mr. HARKIN. This amendment will quality is tied to pollution emitted from improve our transportation system. It HAZARDOUS MATERIALS automobiles and other motor vehicles. In the will improve pedestrian and bicycle Hazardous materials are transported, United States, automobiles account for over safety. 49 percent of all nitrogen oxide (NOx) emis- stored, manufactured, or disposed of in many sions, which contribute to smog and lead to communities. Often, zoning and environ- And it will be good for the health and serious health matters. Between 1980 and mental regulations do not provide for the wellness of the American people. I urge 1994, asthma rates rose by 75 percent. People separation of incompatible land uses, like my colleagues to join me in a strong, in sprawling communities drive three to four placing housing near areas zoned for use or bipartisan vote in favor of this amend- times more than those who live in efficient, storage of hazardous materials. In addition, ment. well-planned areas, thus increasing vehicle hazardous waste sites continue to be a sig- I yield the floor. emissions that contribute to poor air qual- nificant concern. The Environmental Protec- The PRESIDING OFFICER. The Sen- ity. tion Agency determined that one in every ator from Missouri is recognized. WATER QUALITY four children in the United States lives with- Mr. BOND. Mr. President, as noted by in one mile of a National Priorities List haz- The National Water Quality Inventory: the Senator from Iowa, this bill incor- 1996 Report to Congress identified runoff ardous waste site. The United Nations Envi- ronment Programme links exposure to heavy porates more for bicycles and pedes- from development as one of the leading trians than most highway users can sources of water quality impairment, ac- metals with certain cancers, kidney damage, counting for 46 percent of assessed estuary and developmental retardation. support. We have been very generous. impairment. In the United States, wetlands SOCIAL JUSTICE The activities are eligible under the are being destroyed at a rate of approxi- Evidence demonstrates that environmental core programs for the National High- mately 300,000 acres per year, much of it for hazards, air pollution, heat-related mor- way System, STP, CMAQ, highway

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9276 CONGRESSIONAL RECORD—SENATE May 11, 2005 bridge funding. They are eligible under arrived, the question is on agreeing to Sununu Thomas Vitter scenic byways, Federal lands, rails and the Lautenberg amendment. Talent Thune Voinovich trails. Mr. INHOFE. I ask for the yeas and NOT VOTING—3 Do not get me wrong. I like bikes. I nays. Coleman Dayton Domenici used to be a big bike rider. I am a big The PRESIDING OFFICER. Is there a The amendment (No. 625) was re- walker. But this is a highway bill. This sufficient second? jected. is not a bill for bicycles and pedes- There is a sufficient second. AMENDMENT NO. 618, AS MODIFIED trians. I would urge everyone to get ex- The yeas and nays were ordered. The PRESIDING OFFICER. There ercise. The proposal we have before us Mr. BOND. I ask unanimous consent will now be 2 minutes of debate equally would require my State department of to make a unanimous consent request divided on the Harkin amendment. transportation to plan for bicycles, on an amendment passed? The Senator from Iowa is recognized. completing Highway 63 from Macon to The PRESIDING OFFICER. The Sen- Mr. HARKIN. Mr. President, this the Iowa line. Most of my good friends ator is recognized. amendment is about doing what is log- along there are not going to ride a bi- Mr. BOND. I ask unanimous consent ical regarding sidewalks and bike paths cycle from Macon to the Iowa line, to that the Talent amendment at the in the planning stages. You will hear the wonderful farm fields in north Mis- desk, which is identical to the amend- there is money in this bill for side- souri or along the hilly mountain paths ment agreed to previously, be con- walks and bike trails. That is true. But of Highway 60 in southern Missouri in formed to the pending amendment—the more often than not, we are always the Ozark Mountains or Highway 13 or amendment which is identical to the doing things after the fact. We are Highway 71. amendment agreed to, be agreed to, redoing it. We have plenty of programs. Bicycle and the motion to reconsider be laid All this amendment says is in the transportation and pedestrian walk- upon the table. planning upfront, you plan for side- walks where they are logical. You plan ways are under here. It provides grants The PRESIDING OFFICER. In my for bike paths where they are logical. of $2 million. They want a bicycle capacity as a Senator from Oklahoma, You plan it in the beginning, not doing clearinghouse like a Publishers Clear- I reserve the right to object—I will ob- it later on. These are some of the orga- inghouse. ject. The proponent of this amendment nizations who support the amendment: Objection is heard. says he needs it for the metropolitan the American Association of Retired The question is on agreeing to the planning organizations. Well, if my col- People, the Association of Metropoli- Lautenberg amendment. The yeas and leagues will look at section 134(a)(3) tan Planning Organizations—they are nays have been ordered. The clerk will contents, the plans and programs for the ones who have to do the planning; call the roll. each metropolitan area shall provide they are in favor of this amendment— The bill clerk called the roll. for development and operation facili- American Bikes, Paralyzed Veterans of CCONNELL. The following Sen- ties, including pedestrian walkways Mr. M America—people with disabilities need ators were necessarily absent: the Sen- and bicycle transportation. Metropoli- more sidewalks—the American Heart ator from Minnesota (Mr. COLEMAN), tan planning organizations already are Association, and the American Public and the Senator from New Mexico (Mr. mandated to do that. Health Association. Section 1823 has enhancement DOMENICI). The PRESIDING OFFICER. The Sen- projects approved. They are eligible for Further, if present and voting, the ator from Missouri. facilities for pedestrians and bicycle Senator from Minnesota (Mr. COLEMAN) Mr. BOND. Mr. President, I urge my activities, preservation for abandoned would have voted ‘‘nay.’’ colleagues to oppose this amendment. railway corridors. Similar to the ad- Mr. DURBIN. I announce that the This provides tremendous resources for ministration’s proposed SAFETEA, we Senator from Minnesota (Mr. DAYTON) bicycles and pedestrians, more than elevated SAFETEA to a core program. is necessarily absent. $717 million in a mandatory set-aside This part, known as HSIP, there is a The result was announced—yeas 28, for bike and pedestrian activities. Met- mandatory set-aside specifically for bi- nays 69, as follows: ropolitan planning organizations are cycle and pedestrian activities. We set [Rollcall Vote No. 120 Leg.] already required under existing law to plan for bike and pedestrian facilities. it up as $717 million, and since the YEAS—28 What this amendment says is: If you overall level of the bill has been raised Akaka Durbin Martinez are planning a highway from Leftover by $8 billion, this level has gone up. Biden Feinstein Mikulski There is also the Safe Routes to Boxer Frist Murray Shoes to Podunk Junction in the mid- Byrd Harkin Reid dle of a State with nobody around, you School Program. If you want people to Cantwell Inouye Rockefeller would have to plan for a bike path. We be safe going to school, the National Chafee Kennedy Sarbanes have a lot of roads through our Ozark Highway Traffic Safety Administration Corzine Landrieu Warner DeWine Lautenberg hills and farmland where the danger is said 24 people die a year on average Wyden Dodd Levin inadequate two-lane highways. People from school bus transportation, but it Dole Lieberman are not going to ride bicycles along is far and away the safest way for chil- NAYS—69 those highways. They need the lanes to dren to go to and from school. That is drive their cars. Putting an additional by schoolbus. Alexander DeMint McCain Allard Dorgan McConnell A number of my colleagues have planning burden on agencies that don’t Allen Ensign Murkowski want or need bike paths is another un- amendments regarding bicycle and pe- Baucus Enzi Nelson (FL) warranted mandate. I urge my col- destrian activities. It seems that they Bayh Feingold Nelson (NE) have some different priorities than the Bennett Graham Obama leagues to oppose the amendment. Bingaman Grassley The PRESIDING OFFICER. The mayors and the community leaders and Pryor Bond Gregg Reed Brownback Hagel question is on agreeing to the amend- the State departments of transpor- Roberts Bunning Hatch ment No. 618, as modified. tation I see in my State. They want to Salazar Burns Hutchison Mr. HARKIN. Mr. President, I ask for Santorum make sure we have roads. If the depart- Burr Inhofe Schumer the yeas and nays. ment of transportation in Iowa and Carper Isakson The PRESIDING OFFICER. Is there a Missouri want it, they can plan for it, Chambliss Jeffords Sessions Clinton Johnson Shelby sufficient second? as can the metropolitan planning orga- Coburn Kerry Smith There appears to be. nizations. I urge my colleagues to op- Cochran Kohl Snowe The clerk will call the roll. pose this amendment. Collins Kyl Specter The legislative clerk called the roll. The PRESIDING OFFICER. The time Conrad Leahy Stabenow Mr. MCCONNELL. The following Sen- Cornyn Lincoln Stevens of the Senator has expired. Under the Craig Lott ators were necessarily absent: the Sen- previous order, the hour of 5:30 having Crapo Lugar ator from Minnesota (Mr. COLEMAN),

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9277 and the Senator from New Mexico (Mr. In section 179(d) of title 23, United States Tribune, and was investigating the DOMENICI). Code (as added by section 7139(a)), strike drug traffic in the northern Peruvian Further, if present and voting, the paragraph (4) and insert the following: jungle. ‘‘(4) incorporate a comprehensive program Senator from Minnesota (Mr. COLEMAN) Officials in Peru were quick to say would have voted ‘‘yea.’’ ensuring administrative, technical, and physical safeguards to protect the privacy the murder was the work of the Shin- Mr. DURBIN. I announce that the and security of means of identification (as ing Path—a Maoist insurgent group Senator from Minnesota (Mr. DAYTON) defined in section 1028(d) of title 18, United said to be involved in protecting cul- is necessarily absent. States Code), against unauthorized and tivators of the coca plant. Specifically, The result was announced—yeas 44, fraudulent access or uses; Peru’s Interior Ministry said Todd had nays 53, as follows: ‘‘(5) impose limitations to ensure that any been captured by Maoist rebels and [Rollcall Vote No. 121 Leg.] information containing means of identifica- possibly sold to drug traffickers for YEAS—44 tion transferred or shared with third-party $30,000. vendors for the purposes of the information- Akaka Feingold Murray based identity authentication described in Four years later, a secret counter- Bayh Feinstein Nelson (FL) this section is only used by the third-party terrorism trial in Peru resulted in a Biden Harkin Obama Shining Path guerrilla being sentenced Bingaman Inouye Pryor vendors for the specific purposes authorized Boxer Johnson Reed under this section; to 30 years in prison for taking part in Byrd Kennedy Reid ‘‘(6) include procedures to ensure accuracy the murder. Cantwell Kerry Rockefeller and enable applicants for commercial driv- He was the only person ever tried for Carper Kohl Salazar er’s licenses who are denied licenses as a re- Clinton Landrieu the crime—and even he reportedly has Sarbanes sult of the information-based identity au- Collins Lautenberg received an early release. Little else Schumer Corzine Leahy thentication described in this section, to ap- Snowe was known. Dodd Levin peal the determination and correct informa- Dorgan Lieberman Stabenow tion upon which the comparison described in Now, however, the transcript of that Durbin Lincoln Warner subsection (a) is based; secret 1993 trial has emerged, including Ensign Mikulski Wyden ‘‘(7) ensure that the information-based an intelligence report that identifies a NAYS—53 identity authentication described in this sec- businessman who founded a Peru air- tion— Alexander DeMint McCain line as one of the masterminds behind Allard DeWine McConnell ‘‘(A) can accurately assess and authen- Todd’s killing. The complete court file Allen Dole Murkowski ticate identities; and was obtained by a Lima-based institute Baucus Enzi Nelson (NE) ‘‘(B) will not produce a large number of for a free press and society. Bennett Frist false positives or unjustified adverse con- Roberts According to one of several detailed Bond Graham Santorum sequences; Brownback Grassley Sessions ‘‘(8) create penalties for knowing use of in- intelligence reports in the trial tran- Bunning Gregg Shelby accurate information as a basis for compari- script, the guerrillas who tortured and Burns Hagel Smith Burr Hatch son in authenticating identity; and strangled Todd were working for Peru Specter Chafee Hutchison ‘‘(9) adopt policies and procedures estab- businessman Fernando Zevallos, and Stevens Chambliss Inhofe lishing effective oversight of the informa- two others allegedly involved in the Coburn Isakson Sununu tion-based identity authentication systems Talent drug trade. Cochran Jeffords of State departments of motor vehicles.’’. Conrad Kyl Thomas But Zevallos—labeled a Peruvian co- Cornyn Lott Thune ∑ Mr. DAYTON. Mr. President, today, I caine kingpin last year by the Bush ad- Craig Lugar Vitter was necessarily absent from the Senate ministration—was never charged in the Crapo Voinovich Martinez to attend the funeral of St. Paul, MN case. The New York Times quotes NOT VOTING—3 police officer, Sergeant Gerald Vick, American and Peruvian authorities as Coleman Dayton Domenici who tragically lost his life in the line saying he has evaded justice for so long The amendment (No. 618), as modi- of duty on Friday, May 6, 2005. I joined by bribing court officials and killing fied, was rejected. over 2,000 Minnesotans in paying our witnesses. AMENDMENT NO. 610 TO AMENDMENT NO. 605 final respects to this heroic peace offi- It has been over 15 years since a son Mr. NELSON of Florida. Mr. Presi- cer, community leader, and devoted of Florida and a member of the fourth dent, on behalf of Senator FEINGOLD, I husband and father. estate was tortured and strangled to ask unanimous consent to call up his Had I been present to vote on the death in the jungles of Peru—and clear- amendment 610 and ask that it be set amendments to the Transportation Eq- ly, justice has yet to be served. aside after reporting by the clerk. uity Act, I would have voted as follows: In January, I went to Peru and there The PRESIDING OFFICER. Without On the motion to waive the Congres- I established a working relationship objection, it is so ordered. sional Budget Act, in relation to with President Toledo and was joined The clerk will report. amendment No. 605 and H.R. 3, I would by Ambassador Ferrero, Peru’s ambas- The assistant legislative clerk read have voted ‘‘yea.’’ sador to the United States as follows: On the motion to table Corzine Today, through proper diplomatic The Senator from Florida [Mr. NELSON], amendment No. 606, I would have voted channels, I made a formal request that for Mr. FEINGOLD and Mr. LEAHY, proposes an ‘‘nay.’’ President Toledo immediately reopen amendment numbered 610. On the Lautenberg amendment No. the investigation into Todd Smith’s The amendment is as follows: 625, I would have voted ‘‘nay.’’ death; and, that his government co- (Purpose: To improve the accuracy and effi- On the Harkin amendment No. 618, as operate fully with our State Depart- cacy of identity authentication systems modified, I would have voted ‘‘yea.’’∑ ment and FBI. And Ambassador and ensure privacy and security) f Ferrero told me he ‘‘would put all [his] In section 179(a) of title 23, United States effort into this. Code (as added by section 7139(a)), insert JUSTICE FOR TODD SMITH I hope my Senate colleagues will join ‘‘previously verified as accurate’’ after Mr. NELSON of Florida. Mr. Presi- me in demanding that justice finally be ‘‘other information’’. In section 179(a) of title 23, United States dent, just today I initiated an effort to served in this case. Code (as added by section 7139(a)), strike ask Peruvian President Alejandro To- Todd’s parents, and his two sisters, ‘‘with a system using scoring models and al- ledo to reopen an investigation into deserve no less. gorithms’’. the brutal torture-murder of a young Mr. President, I am going to birddog In section 179(d)(1) of title 23, United journalist from my state. this with everything I have to see that States Code (as added by section 7139(a)), The 28-year-old reporter, Todd this case is brought to justice. I do be- strike ‘‘use multiple sources’’ and insert ‘‘en- Smith, was found dead 15 years ago, his lieve the Peruvian government clearly sure accurate sources’’. In section 179(d)(3) of title 23, United body discovered in Peru’s violent coca- has an interest, now that the secret States Code (as added by section 7139(a)), producing region. This son of a Florida court files have come to light, to get to strike ‘‘and’’ at the end. appellate judge worked for The Tampa the bottom of this. I earnestly hope we

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9278 CONGRESSIONAL RECORD—SENATE May 11, 2005 will get the cooperation of the Peru- viding that each Senator can speak up Throughout his career, Angelo vian government in reopening the in- to 10 minutes. earned a series of accolades which tes- vestigation. There is no excuse, when The PRESIDING OFFICER. Without tify to the dedication and devotion he an American newspaper reporter is bru- objection, it is so ordered. held for his fellow soldiers, the Army, tally tortured and murdered, that we f and his country. Angelo’s hard work should not have all the facts. If it HONORING OUR ARMED FORCES and dedication contributed greatly to leads, in fact, to this businessman, his unit’s successes and placed him then so be it. We owe this especially to SERGEANT DAVID RICE among many of the great heroes and this family in Florida that for so long Mr. GRASSLEY. Mr. President, it citizens that have paid the ultimate has not known any of the facts of this saddens me to report today that an- price for their country. Angelo was rec- brutal killing of their son. other young Iowan has fallen coura- ognized posthumously for his coura- I yield the floor. geously in service to his country as geous actions in Iraq by receiving the Mr. President, I suggest the absence part of Operation Iraqi Freedom. Ser- Bronze Star, the Purple Heart, and an of a quorum. geant David Rice, a fire support spe- Army Commendation Medal. He had The PRESIDING OFFICER. The cialist with the 1st Battalion, 5th Field also been recognized throughout his clerk will call the roll. Artillery Regiment, 1st Infantry Divi- distinguished career by receiving the The assistant legislative clerk called sion, died on April 26 when his vehicle Army Achievement Medal, Army Good overturned near Muqdadiyah. He was 22 the roll. Conduct Medal, National Defense Serv- years old. Mr. INHOFE. Mr. President, I ask ice Medal, Global War on Terrorism David grew up in Sioux City, IA, and unanimous consent the order for the attended East High School where he Expeditionary Medal, Global War on quorum call be rescinded. excelled in football, wrestling, and Terrorism Service Medal, Korean De- The PRESIDING OFFICER. Without track and field. He joined the Army fense Service Medal, Army Service Rib- objection, it is so ordered. after graduating from East in 2001 and bon, and the Weapons Qualification AMENDMENT NO. 742 TO AMENDMENT NO. 605 was on his second tour of duty in Iraq. Badge, M–16 Expert. He was also a Mr. INHOFE. Mr. President, I ask David Rice is remembered by friends graduate of the Primary Leadership unanimous consent that the Talent and family as a hard-working, quiet Development Course and was recently amendment at the desk, which is iden- leader. In memory of Sergeant Rice, I promoted to Sergeant in May of 2004. tical to the amendment previously would like to recognize today all of our Angelo was truly an exceptional sol- agreed to, be agreed to and the motion military men and women, like David, dier with more than 10 years of service to reconsider be laid on the table. who have been the quiet, dedicated and a father of three who had decided The PRESIDING OFFICER. The leaders who have helped see our coun- to reenlist after his tour of duty in clerk will report the amendment. try through this difficult time. My Iraq. He leaves behind a family with a The legislative clerk read as follows: prayers go out to the family of Ser- proud tradition of military service, in- The Senator from Oklahoma [Mr. INHOFE], geant David Rice, his father David, his cluding three brothers who served in for Mr. TALENT, proposes an amendment mother Laurinda, and his sister Stevie. the Army. numbered 742. They should know that his leadership My condolences and prayers go out to The amendment is as follows: and sacrifice have not gone unnoticed Angelo’s family, and I offer them my (Purpose: To require notice regarding the but have earned him the gratitude of a deepest sympathies and most heartfelt criteria for small business concerns to par- Nation. thanks for the service, sacrifice, and ticipate in Federally funded projects) SERGEANT ANGELO L. LOZADA, JR. example of their soldier, Sgt Angelo At the end of subtitle H of title I, add the Mr. GREGG. Mr. President, I rise Lozada, Jr. He was respected and ad- following: today to remember and honor Sergeant mired by all those around him, and SEC. 18ll. NOTICE REGARDING PARTICIPATION Angelo Lozada, Jr. of Nashua, NH for continually performed above and be- OF SMALL BUSINESS CONCERNS. his service and supreme sacrifice for yond all expectations while in the The Secretary of Transportation shall no- his country. United States Army. Because of his ef- tify each State or political subdivision of a Angelo demonstrated a willingness forts, the liberty of this country is State to which the Secretary of Transpor- made more secure. tation awards a grant or other Federal funds and dedication to serve and defend his of the criteria for participation by a small country by joining the United States f business concern in any program or project Army. Just as many of America’s he- MORE OPPOSITION TO THE GUN that is funded, in whole or in part, by the roes have taken up arms in the face of INDUSTRY IMMUNITY BILL Federal Government under section 155 of the dire threats, Angelo dedicated himself Small Business Reauthorization and Manu- to the defense of our ideals, values, Mr. LEVIN. Mr. President, since the facturing Assistance Act of 2004 (15 U.S.C. freedoms, and way of life. His valor and reintroduction of the Protection of 567g). service cost him his life, but his sac- Lawful Commerce in Arms Act, many The PRESIDING OFFICER. Without rifice will live on forever among the law enforcement and community objection, the request is agreed to. many dedicated heroes this Nation has groups around the country have pub- The amendment (No. 742) was agreed sent abroad to defend freedom. licly stated their opposition to the bill. to. Angelo felt the call to serve our Na- In Michigan alone, the bill is opposed Mr. INHOFE. Mr. President, I suggest tion early, and dutifully joined the Re- by organizations including the Michi- the absence of a quorum. serves after he graduated from high gan Association of Chiefs of Police, the The PRESIDING OFFICER. The school. He served for 6 years in the New League of Women Voters of Michigan, clerk will call the roll. Hampshire Army National Guard’s the Michigan Partnership to Prevent The legislative clerk proceeded to Bravo Battery, 1st Battalion, 172nd Gun Violence, and local chapters of the call the roll. Field Artillery Regiment before sign- Million Mom March. Mr. INHOFE. Mr. President, I ask ing up for active duty on July 26, 2000. Law enforcement and community unanimous consent the order for the He was deployed to Iraq in 2003, where groups oppose the misnamed ‘‘Protec- quorum call be rescinded. he served in Alpha Battery, 2nd Bat- tion of Lawful Commerce in Arms Act’’ The PRESIDING OFFICER. Without talion, 17th Field Artillery Regiment, because it would significantly weaken objection, it is so ordered. 2nd Infantry Division, stationed out of the legal rights of gun violence vic- f Camp Hovey, Korea. Tragically, on tims. The bill would provide members April 16, 2005, Angelo made the ulti- of the gun industry with legal protec- MORNING BUSINESS mate sacrifice for this great Nation. He tions not enjoyed by other industries Mr. INHOFE. Mr. President, I ask died of injuries sustained while con- and deprive many gun violence victims unanimous consent that we now go ducting combat operations in Ar with legitimate cases of their day in into a period of morning business, pro- Ramadi, Iraq. court.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9279 Two former Directors of the Bureau OTHER NATIONAL ORGANIZATIONS was a ‘‘must pass’’ piece of legislation, of Alcohol, Tobacco, and Firearms have Alliance for Justice we have once again loaded it with unre- added their voices to the already con- American Association of School Psycholo- lated provisions. Let me remind my siderable and growing opposition to gists colleagues that we are experiencing this bill. In a letter to Congress, former American Association of Suicidology enormous budget deficits. At some American Bar Association point, we will have to embrace some ATF Directors Stephen Higgins and Americans for Democratic Action Rex Davis state that the gun industry American Humanist Association degree of fiscal responsibility. immunity legislation would threaten American Public Health Association We should start with this emergency the ATF’s ability to effectively enforce Brady Campaign To Prevent Gun Violence supplemental. The scope of emergency our Nation’s gun laws. Specifically, united with the Million Mom March appropriations has traditionally been they cite provisions in the bill that Child Welfare League of America limited, and for good reason. We al- would likely block the ATF from pur- Children’s Defense Fund ready have a proper budget and appro- suing administrative proceedings ‘‘to Church Women United priations process. We don’t need an- Coalition To Stop Gun Violence revoke a gun dealer’s federal firearm other. The proper process is supposed Common Cause to allow Congress to meet Federal re- license if the dealer supplies guns to Congregation of Sisters of St. Agnes Lead- criminals or other prohibited buyers’’ sponsibilities while closely monitoring ership Team the effect our spending has on the and ‘‘to prevent the importation of Consumer Federation of America budget deficit and the national debt. non-sporting firearms used frequently Consumers for Auto Reliability and Safety But appropriations that are designated in crimes.’’ Later in the letter, former Disciples Justice Action Network as ‘‘emergency’’ do not count against Directors Higgins and Davis state: Equal Partners in Faith Evangelical Lutheran Church in America the discretionary budget ceilings that We know from experience how important it Hadassah The Women’s Zionist Organiza- we ourselves set. They add to costs in- is that ATF be able to enforce our nation’s tion Of America gun laws to prevent firearms from being ob- curred by the government and cause HELP Network tained by terrorists, other criminals, and the the current budget deficit to grow. League of Women Voters of the U.S. gun traffickers who supply them. To protect With enactment of this measure, sup- Legal Community Against Violence our citizens from the scourge of gun violence plemental military spending alone National Council of Jewish Women Congress should be strengthening our laws National Council of Women’s Organization since September 11, 2001, will top $200 and increasing ATF’s resources and ability National Research Center for Women & billion. I am not questioning funding to enforce those laws. To handcuff ATF, as Families the war on terror; but I am questioning this bill does, will only serve to shield cor- Physicians for Social Responsibility the unnecessary add-ons. rupt gun sellers, and facilitate criminals and Presbyterian Church (USA) With respect to the substance of this terrorists who seek to wreak havoc with Public Citizen deadly weapons. To take such anti-law en- conference report, I am pleased that it Religious Action Center of Reform Juda- forcement actions in the post-9/11 age, when will provide the necessary resources to ism we know that suspected terrorists are ob- our troops as well as additional funds States United to Prevent Gun Violence taining firearms, and may well seek them for our homeland security needs. It in- The American Jewish Committee from irresponsible gun dealers, is nothing creases veterans benefit levels and ex- The Ms. Foundation for Women short of madness. The Society of Public Health Education pands eligibility, and provides higher Combined, former Directors Higgins (SOPHE) benefits to family members of those and Davis have more than two decades The United States Conference of Mayors killed in military service. This foreign of experience in leading the ATF. We Unitarian Universalist Association of Con- affairs provisions of the conference re- should recognize their extensive knowl- gregations port are remarkably, and commend- edge of gun violence issues and follow Veteran Feminists of America ably, free of pork. As one who supports their advice. Instead of providing a sin- Women’s Institute for Freedom of the ensuring that every taxpayer dollar Press gle industry with broad immunity, we counts, I commend my colleagues for should be protecting the legal rights of f their restraint in this area while meet- gun violence victims and enhancing the EMERGENCY SUPPLEMENTAL ing the President’s request for funding effectiveness of our law enforcement APPROPRIATIONS for the victims of the South East Asian tsunami. agencies. Mr. MCCAIN. Mr. President, when the I ask unanimous consent that a list Unfortunately, this conference report Senate debated this bill a few weeks also includes some unnecessary provi- of some of the law enforcement and ago, I asked my colleagues a simple community organizations opposing this sions, examples of which I will give in question. What is the purpose of an just a moment. I fully recognize that it legislation be printed in the RECORD. emergency appropriations bill? The There being no objection, the mate- isn’t only the fault of the appropriators purpose, it seems to me, is to fund un- rial was ordered to be printed in the that the Congress has been forced into expected priorities—emergencies that RECORD, as follows: this new pattern of adopting emer- simply cannot wait for the normal gency appropriations measures. Overly MICHIGAN ORGANIZATIONS budget process. The conference report partisan politics has largely prevented Michigan Association of Chiefs of Police largely fulfills that purpose. It covers us from following the regular legisla- League of Women Voters of Michigan unexpected costs associated with the Michigan Partnership to Prevent Gun Vio- tive order, and that fact must change. lence war on terror, tsunami relief, and na- I would ask my colleagues whether Detroit Million Mom March Chapter tional security priorities, including they believe the following examples— East Metro Detroit Million Mom March funding for our troops serving in Iraq just a select few from this conference Chapter and Afghanistan. I strongly support report—constitute ‘‘emergency spend- Mid-Michigan/Lansing Million Mom March funding in these areas. ing’’: $2,000,000 to upgrade the chem- Chapter But that is not all it does, Mr. Presi- Novi Million Mom March Chapter istry laboratories at Drew University Southwest Michigan Million Mom March dent. This conference report has also in New Jersey. According to its Chapter served as a magnet for non-emergency website, Drew University has a total Washtenaw County MMM Chapter spending and includes a host of ear- enrollment of 2,600 students, operates West Metro Detroit/Washtenaw County marks. Let me be clear: I support this with a $200,000,000 endowment, and Million Mom March Chapter conference report because of the crit- draws more National Merit Scholars NATIONAL LAW ENFORCEMENT ORGANIZATIONS ical resources it provides for our troops than many other top liberal arts col- International Brotherhood of Police Offi- and for our other emergency priorities, leges in the nation. A prestigious insti- cers including tsunami relief. But at the tution indeed, but I see no way in Major Cities Chiefs Association National Black Police Association same time I am deeply disturbed that which funding for its chemistry labs is Hispanic American Police Command Offi- the Congress isn’t exhibiting restraint. a critical national spending emer- cers Association Knowing that this conference report gency; $500,000 for the Oral History of

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9280 CONGRESSIONAL RECORD—SENATE May 11, 2005 the Negotiated Settlement project at (T)he dimension of the challenge is enor- ‘‘Gotta Have Bags,’’ a successful hand- the University of Nevada-Reno; mous. The one certainty is that (the resolu- bag store located in Hampden. $2,000,000 to continue funding for the tion of this situation will require difficult The list of enterprising, energetic, Southeast Regional Cooling, Heating choices and that the future performance of and active Maryland seniors and others the economy will depend on those choices. throughout the Nation goes on and on and Power and Biofuel Application No changes will be easy, as they all will in- Center in Mississippi; $4,000,000 to pay- volve lowering claims on resources or raising and extends to all facets of life. We are off debt at the Fire Sciences Academy financial obligations. It falls on the Congress very grateful for the enormous con- in Elko, Nevada; and $2,000,000 for the to determine how best to address the com- tributions they make day in and day National Center for Manufacturing peting claims. out. But as a Nation, we do not always Sciences in Michigan. It falls on the Congress, my friends. live up to our end of the bargain. There Additionally, notwithstanding Sen- The head of the U.S. Government’s is much to be done to help seniors sus- ate rules against legislating on an ap- chief watch-dog agency and the Na- tain quality long-term living. I have propriations bill, the legislation before tion’s chief economist agree—we are in worked diligently in the Senate to en- us today contains plenty of policy-re- real trouble. sure that older Americans are able to lated, non-appropriations language. Dire predictions, and what are we live with dignity and independence dur- For example: The conference report di- doing about it? Are we restraining our ing their later years, and we will con- rects the Secretary of the Interior to spending? No, of course not. We are at tinue to fight the recent slew of mis- allow oil and gas exploration under- it again, finding new and ever more guided attacks on Social Security, neath the Gulf Island National Sea- creative ways to funnel money to the Medicare, and other programs so cru- shore, a protected National Park in special interests. We have to face the cial to senior citizens. Mississippi. This changes current Fed- facts. Congress cannot continue to I have significant concerns about the eral policy disallowing such explo- spend taxpayer dollars on wasteful, un- impact of Medicaid cuts on seniors. ration; a line-item in the conference necessary pork barrel projects or cater People often forget that Medicaid is resolution blocks the EPA from revis- to wealthy corporate special interests the largest funding source for long- ing how it collects fees for the registra- any longer. The American people de- term care services, institutional and tion of pesticides. For several years, serve better. home-based, for the elderly. Without similar language has been routinely f such aid, many older Americans could added to VA–HUD/EPA appropriations not manage to pay for adequate care. legislation. Now this provision has OLDER AMERICANS MONTH Yet the Administration proposes to found a new home in the emergency Mr. SARBANES. Mr. President, when slash this program while extending tax spending bill; it authorizes the Bureau President Kennedy established Older cuts for the wealthiest among us. It is or Reclamation to study the viability Americans Month in 1963, he began an difficult to ‘‘celebrate long-term liv- of establishing a sanctuary for the Rio important tradition of designating a ing’’ if you cannot afford to secure rea- Grande Silvery Minnow in the Rio time for our country to honor older sonable quality healthcare and long- Grande River; it directs the Army citizens for their many accomplish- term living facilities. Corps of Engineers to complete the In- ments and contributions to our Nation. Another critical need that must be diana Harbor and Canal disposal Now, as we recognize May as ‘‘Older addressed is affordable prescription project; and California lawmakers have Americans Month,’’ I welcome the op- drugs. I voted against the Medicare seen to it that this bill provides funds portunity to reflect on the contribu- Prescription Drug and Modernization for San Gabriel Basin restoration. tions senior citizens have made in Act of 2003 because I believed it would Mr. President, we simply must start shaping our Nation and to reassert our jeopardize promises that we as a Na- making some very tough decisions commitment to enhancing the living tion have made to seniors. I was prin- around here if we are serious about im- standard of our senior community. cipally concerned that the new law proving our fiscal future. Let’s be clear This year’s theme is ‘‘Celebrate Long would fail to provide a comprehensive, about what we are doing. The Govern- Term Living.’’ Many seniors in Mary- consistent, and affordable prescription ment is running a deficit because it is land exemplify that idea, continuing to drug benefit to Medicare beneficiaries. spending more than it takes in. So lead vital, active lives throughout Many of the concerns that I had during each one of the earmarks in this bill, their ‘‘golden years.’’ Bob Ray of Perry consideration of that measure are now we are borrowing money—and saddling Hall, from Hamilton, MD, who ran coming to fruition. Indeed, as we pre- future generations of Americans with every day from April 4, 1967 until his pare for the implementation of the unnecessary debt. If we had no choice 68th birthday on April 7, 2005, is one drug benefit in 2006, we are just now but to act in this way, this might be, a such example. Mr. Hall holds the long- learning that seniors will encounter understandable, temporary method of est consecutive running streak in the the uncertainty of incomplete coverage budgeting. But the fact is that we do United States and the second longest for drug costs, along with rapidly ris- have a choice. record in the entire world, a remark- ing pharmaceutical costs. To address At a conference in February, 2005, able accomplishment at any age. Ms. these concerns, I favor proposals that David Walker, the Comptroller General Evelyn Wright of Annapolis is another provide Medicare beneficiaries with of the United States, said this: senior to celebrate. In 2003, Ms. Wright full prescription drug coverage. In ad- If we continue on our present path, we’ll was named National Master Field Ath- dition, a number of my colleagues and see pressure for deep spending cuts or dra- lete of the Year for 2003 and since the I supported legislation during the Sen- matic tax increases. GAO’s long-term budget age of 55, she has amassed hundreds of ate’s consideration of the Medicare simulations paint a chilling picture. If we do medals and trophies as a competitor in overhaul that would have controlled nothing, by 2040 we may have to cut federal Senior Olympic events. She started her drug prices by allowing our Govern- spending by more than half or raise federal track and field career with the softball taxes by more than two and a half times to ment to negotiate directly with drug balance the budget. Clearly, the status quo is throw, but now competes in a mul- companies. Unfortunately, these pro- both unsustainable and difficult choices are titude of events including pole vault, posals were defeated when they came unavoidable. And the longer we wait, the high jump, long jump, and hammer to the Senate for a full vote, but I con- more onerous our options will become and throw. She continues to travel around tinue to work with my colleagues on the less transition time we will have. the country competing and setting these and other proposals to bring drug Is that really the kind of legacy we track and field records for her age prices under control. should leave to future generations of group. Many seniors in Maryland are On top of all of this, the Medicare Americans? enjoying old age by starting new ven- trustees have predicted exhaustion of Referring to our economic outlook, tures. At age 68 and 66 respectively, the Medicare Hospital Inpatient Trust Federal Reserve Chairman Alan Green- Emily Levitas and Linda Segal decided Fund in 2020. With the rising costs of span testified before Congress that: to join forces and become co-owners of drugs and health care in general, and

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9281 the implicit lack of means to reduce where there are thousands, maybe per- the time the Senate began business for drug costs in the new law, we will be haps millions, of young people who the day, she would have copied, filed, faced with hard decisions sooner than have taken a day out of their school and cross-filed, in what must have been originally anticipated. The answer to work to go to the various places where one of the world’s most elaborate ref- the funding gap must not be to de- Americans are working to contribute erence systems, scores of that day’s crease benefits. A comprehensive Medi- to making this country of ours a better news items from a wide variety of care plan and affordable pharma- country and this world a better place. sources. The cumulative result was a ceuticals are two important pieces that I thank these young men and women towering warren of filing cabinets, could help seniors live with dignity and for being a part of this special day and jammed with thousands of sheets of independently, but these crucial needs taking their time to come and learn paper, the location of each of which she remain very much in jeopardy. about the workings of the Senate: somehow remembered. It was not un- Finally, our seniors deserve the guar- From St. Catherine of Siena School: usual for Senators to request urgent antees promised to them after years of Gabrielle Bordlee, Metairie, LA; information from both the Congres- contributing to the Social Security From Schriever Elementary School: Cam- sional Research Service and Betty, program. In 1935, President Roosevelt eron Dark, Houma, LA; knowing there was a good chance she sought to create a program that would From Georgetown Day School: Alexa would have it on their desks long be- Dettlebach, Chevy Chase, MD; ‘‘give some measure of protection to From St. Francis Xavier School: Brennan fore the official system could respond. the average citizen and to his family Duhe, Baton Rouge, LA; With today’s internet, of course, it is against the loss of a job and against From Washington International School: not necessary for our staff to literally poverty-ridden old age.’’ There are Maggie Johnson, Washington, DC; walk across town through a winter those who suggest that the only way From Holy Name of Jesus School: Ben blizzard in order to provide the day’s Social Security can meet the expand- Landrieu, New Orleans, LA; news clips, but that is what Betty was ing demand of future retirees is by cre- From Xavier University Preparatory known to do on occasion. Little won- ating private accounts and simulta- School: Jasmine Love, New Orleans, LA; From Cathedral-Carmel School: Andrew der, then, that she had a special place neously decreasing benefits. We must Mahtook, Lafayette, LA; in the hearts of many Senators. An- work to preserve, not diminish, Roo- From Cathedral-Carmel School: Robbie other remarkable Republican woman, sevelt’s legacy. Thus far, Social Secu- Mahtook, Lafayette, LA; Senator Margaret Chase Smith, was es- rity has been effective in improving From Tchefuncte Middle School: William pecially close to Betty and requested the standard of living and reducing Mitchell, Mandeville, LA; that she join the board of the Smith poverty among the elderly and disabled From St. James Episcopal Day School: Library in Maine, on which Betty still by providing an inflation-indexed, de- Dexter Righteous, Baker, LA; From Georgetown Day School: Molly Rob- serves. fined benefit, no matter how long an erts, Washington, DC; It must be admitted that, during individual lives and regardless of the From Georgetown Day School: Connor most of the period when Betty worked vagaries of the stock market. Through- Snellings, Washington, DC; on the Hill, opportunities for advance- out their lives, seniors have paid into a From Georgetown Day School: Mary Shan- ment for women were limited. It’s hard system with the understanding that non Snellings, Washington, DC; to imagine how they ran this place their benefits will be there for them From St. George’s Episcopal School: Leah without the full participation of when they retire. We must uphold our Thomas, New Orleans, LA; women; we could not manage to do From St. Clement of Rome School: Mary end of the bargain and ensure that Catherine Toso, Metairie, LA; that today. And yet Betty always these benefits are available. The words From St. Elizabeth School: Charlie Triche, found ways to make a difference. At of President Roosevelt should continue Napoleonville, LA; the request of Senator Saltonstall, for to guide our conscience. From St. Joseph Elementary: Sam Triche, example, she took under her wing a This Older Americans Month I ask Napoleonville, LA. young man who needed to be trained as my colleagues to respect and renew our f a legislative assistant. Even though, as commitment to our seniors and all of CONTRIBUTIONS OF MISS ELIZA- a woman, she was not eligible for the our citizens. As seniors face old age, BETH BRYDEN TO THE SENATE job, she produced a first-rate legisla- they should not face uncertainty about REPUBLICAN CONFERENCE tive aide. The young man was named their living situations, about their ac- Eliott Richardson, and throughout his cess to health care, and about their fi- Mr. SANTORUM. Mr. President, in later career he never forgot his teacher nancial circumstances. Our older 1939, before many Members of this body and always made a point of paying his Americans add great value to our Na- had been born, Miss Elizabeth Bryden respects to her personally when his of- tion. We must take this month as an of Waltham, MA, came to Washington, ficial duties brought him to the Sen- opportunity to redouble our efforts on D.C. to work for Congressman Robert ate. behalf of this and future generations so Luce. She continued to work on the On behalf of the Senate Republican that our older Americans can continue Hill, with little interruption, until the Conference and its leadership past and to ‘‘Celebrate Long-Term Living’’ now start of the 96th Congress in 1979. present, I salute Betty for her lifetime and well into the future. Today, when most Hill staffers remain of labor in our behalf and, indeed, for f here for only a few years, Betty the entire Senate. Betty’s contribu- Bryden, as she was always known, re- tions to this institution are still appre- TAKE OUR DAUGHTERS AND SONS mains an example of rare dedication TO WORK DAY ciated, and she remains an inspiration and extraordinary public service. to us all. Ms. LANDRIEU. Mr. President, today Her early employers are now mostly f I have 18 young men and women from names for the history books. For exam- Louisiana and the Washington area ple, Senator Leverett Saltonstall of ADDITIONAL STATEMENTS taking part in Take Our Daughters and Massachusetts and Bourke Hicken- Sons to Work Day. I am going to sub- looper of Iowa, not to mention Gordon A TRIBUTE TO LEONARD WING, mit all of their names for the RECORD Allot of Colorado and Congressman to show that they spent a day working McIntyre of Maine. Several of those JR. in the Senate with me and with some gentlemen chaired the Senate Repub- ∑ Mr. JEFFORDS. Mr. President, I rise of the other Senators and have seen lican Conference, a position I now hold. today to pay tribute to a good friend, firsthand the work that goes on. As the research librarian for the Re- Leonard Wing, Jr., who passed away I want to acknowledge the MS Maga- publican Conference, in the days before Saturday, April 30, 2005. Leonard was a zine Foundation that started Take Our computers, Betty would come into the decorated war hero, a civic leader, a Daughters and Sons to Work Day to Russell Senate Office Building hours devoted family man, and a great thank them for organizing this effort before most staffers would arrive. By Vermonter.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9282 CONGRESSIONAL RECORD—SENATE May 11, 2005 I knew Leonard almost my entire of Latter-Day Saints. LaMar is a na- Schallmo, Jimmy Skuros, Ryan life. We grew up across the street from tive of Idaho, born in Montpelier and Stegink, Dan Widing, Meredith each other on Kingsley Avenue in Rut- educated in Preston. In his years of Wisniewski, and their teacher Dan land, VT. When I was a young boy, public service, he has set a fine exam- States. I commend each and everyone Leonard left Vermont to fight in World ple of leadership and dedication. of you for your hard work. War II. Leonard was wounded and LaMar served more than 34 years in While in Washington, these students taken prisoner in Europe before escap- the military, retiring in 1993 as a Colo- participated in a 3-day academic com- ing and fleeing to northern Africa with nel in the United States Army. He petition that simulated a congressional help from the Polish underground. For joined the National Guard at age 18. hearing in which they ‘‘testified’’ be- his efforts in the European Theatre, Eventually the Guard sent him to OCS fore a panel of judges. Students dem- Leonard was awarded the Silver Star and he joined the Army. He was award- onstrated their knowledge and under- and the Purple Heart, in addition to ed three awards of the Legion of Merit standing of constitutional principles other commendations. I still remember and the Bronze Star medal. His over- and had opportunities to evaluate, listening in awe as my neighbors in seas assignments took him to Korea, take, and defend positions on relevant Rutland recounted the heroics of Leon- Vietnam and Germany. Assignments historical and contemporary issues. ard and his father, MG Leonard Wing, closer to home include Oklahoma, I wish these students the best of luck Sr., who was a Vermont legend for his Georgia, Nebraska, and Washington, in their future endeavors and applaud military leadership in the South Pa- DC. His military career clearly influ- their outstanding achievement.∑ cific. Leonard Wing, Jr. went on to enced his organized and structured f serve for over 30 years in the Army and leadership style. COMMEMORATING THE 40TH Army National Guard before retiring Upon retiring from the military, ANNIVERSARY OF MOORE’S LAW as a brigadier general in 1973. LaMar took up the challenging posi- After World War II, Leonard returned tion as the Director of International ∑ Mr. BINGAMAN. Mr. President, 40 to the United States and continued his and Government Affairs for The years ago in the April 1965 issue of studies, graduating from the Boston Church of Jesus Christ of Latter-Day Electronics magazine, Gordon Moore, a University School of Law in 1950. After Saints. He has been an outstanding li- young engineer, accurately forecast law school, Leonard returned to aison for the LDS Church and the years of exponential improvements in Vermont and became one of the State’s international community. I have en- computer chip performance. His ab- finest attorneys, practicing law in Rut- joyed my interaction with him during stract observations led to the most land for 46 years. During his legal ca- my tenure in Congress, which extends concrete results. reer, Leonard served as both the presi- back more than 12 years. He has a In his article entitled, ‘‘Cramming dent of the Vermont Bar Association calming, measured demeanor and could More Components onto Integrated Cir- and the State director of the American always be counted on to provide a full cuits,’’ Moore first articulated his College of Trial Lawyers. view of any issue that was being dis- thinking on the future of the inte- To residents of Rutland, Leonard is cussed. grated circuit. Later, he theorized that probably best known, however, for his No doubt LaMar is balancing his on- the number of transistors on a com- local leadership and civic involvement. going volunteer service to his church puter chip would continue to double in Leonard sat for 6 years on the Rutland with lots and lots of golf. With 6 chil- power for the same price every 18 City Board of School Commissioners, dren and 11 grandchildren, there is also months. This postulation became popu- part of that time serving as the board’s a lot of family time and experiences larly known as Moore’s Law, and it was president. Most significantly, Leonard ahead. I wish him the best as he under- a stunning challenge for scientists and helped found the Havenwood School in takes this change in his life.∑ engineers to discover new phenomena Rutland. He also served as president of f and ideas to maintain America’s tech- that school in addition to holding the nological momentum. WE THE PEOPLE same post at the Rutland Association Shortly thereafter, Gordon Moore for Retarded Citizens and the Vermont ∑ Mr. OBAMA. Mr. President, recently, helped found the Intel Corporation, Association of the Retarded. These are more 1,200 students from across the which started as a pioneer in cutting- just a few notable examples of the United States visited Washington, DC edge semiconductor technology and many charitable and civic activities to to take part in the national finals of today remains at the frontier of inno- which Leonard lent his time. We the People: The Citizen and the vation in integrated circuits. Since Leonard’s life was marked by his ex- Constitution, the most extensive edu- that time, all in accordance with traordinary service to his local com- cational program in the country devel- Moore’s Law, there have been more munity, his State, and his country. The oped specifically to educate young peo- than three dozen such doublings in city of Rutland, and the State of ple about the U.S. Constitution and computer chip performance. Vermont, will not be the same without Bill of Rights. No wonder that we marvel how our Leonard’s leadership. He will be most I applaud the class from Maine Town- world has changed more in the past missed, however, by those he loved ship High School in Park Ridge that century than in the previous hundred most dearly: his family. I offer my con- skillfully represented the great State centuries. It took 10,000 years to get dolences to his wife Mary and their of Illinois in this prestigious national from the dawn of civilization to the nine children. I hope they take comfort event. Through their knowledge of the airplane, but just 66 years to get from in knowing that Leonard’s accomplish- U.S. Constitution, these outstanding powered flight to the moon landing. In ments and service will not soon be for- students won the statewide competi- 1971, Intel could fit 2300 transistors on gotten by the scores of Vermonters tion and made Illinois proud in the na- a silicon chip; later this year, Intel is whose lives he touched.∑ tional competition here in our Nation’s expected to unveil a chip with nearly 2 f capitol. billion transistors. Congratulations to Nicole Calabrese, ‘‘It’s kind of a Biblical thing,’’ Leon HONORING T. LAMAR SLEIGHT Carly Calkins, Emily Cottrell, Keith Lederman, the Nobel laureate, once ∑ Mr. CRAPO. Mr. President, I rise Dent, Katie Eichstaedt, Alyssa Engle, noted, ‘‘Science begets technology. today to honor a native Idahoan who Katie Funkhouser, Kathryn Futris, Once we have transistors, we can make has distinguished himself in the mili- Jacqueline Heffernan, Kevin Kane, Erin computers. When we have computers, tary, public service, and as a religious Keating, Maddie Kiem, Dan Leung, we can make much better transistors contributor. T. LaMar Sleight retired Mike Mangialardi, Kelly McKenna, . . . which can make better com- recently from his position as the Direc- Ryan Morrisroe, Allison Mueller, Jes- puters.’’ tor of International and Government sica Newton, James Pikul, Elizabeth In the years ahead, networked super- Affairs for The Church of Jesus Christ Poli, Ashley Rezaeizadeh, Alex computers operating at speeds of over

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9283 one thousand trillion operations per We are proud to be part of the drive MESSAGES FROM THE PRESIDENT second will have implications as pro- within the technology industry to keep Messages from the President of the found as the Industrial Revolution’s pace with Moore’s Law. Small and United States were communicated to spread of technology. large businesses alike which are part of the Senate by Ms. Evans, one of his Such technological innovation, pre- our local technology industry have led secretaries. dicted by Moore’s Law, has led to ad- to steadily increasing economic growth f vances in virtually every industry and and development. Intel Corporation, has fundamentally impacted the way with Gordon Moore at its helm, has be- EXECUTIVE MESSAGES REFERRED we live, work, and play. Information come a major contributor to our As in executive session the Presiding technology has become commonplace State’s economy and is an example of Officer laid before the Senate messages in our schools, libraries, homes, offices, the impact that U.S. technological from the President of the United and businesses—and new information leadership has at a local level. States submitting sundry nominations technology applications are still devel- Overall, Intel has a significant eco- which were referred to the appropriate oping rapidly. nomic and fiscal impact on our State committees. Information technology has had a (The nominations received today are and region. Intel came to Rio Rancho, mutually reinforcing relationship with printed at the end of the Senate pro- just outside of Albuquerque, in 1980 and our ‘‘golden age’’ of science and engi- ceedings.) has grown to become our State’s larg- neering. Advances in supercomputers, f simulations, and networks are creating est private manufacturer. Intel New a new window into the natural world— Mexico employs more than 5,000 people MESSAGES FROM THE HOUSE making computing as valuable for the- and pays some of the highest wages. In At 11:15 a.m., a message from the ory and experimentation as a tool for 2001–2002, Intel spent $2 billion on new House of Representatives, delivered by scientific discovery. facilities and upgrades to other facili- Ms. Niland, one of its reading clerks, It has accelerated the pace of sci- ties. announced that the House has passed entific discovery across the board in all Moreover, Intel’s continued growth the following bill, in which it requests scientific disciplines. Information vis- has brought other benefits to our com- the concurrence of the Senate: ualization and simulation technologies munities as well, particularly in the H.R. 1023. An act to authorize the Adminis- make it possible to learn, explore, and area of education. Intel made a $2 mil- trator of the National Aeronautics and Space communicate more complex concepts. lion donation to the National Hispanic Administration to establish an awards pro- Supercomputer technology, for exam- Cultural Center to integrate the latest gram in honor of Charles ‘‘Pete’’ Conrad, as- ple, allows researchers to develop life- tronaut and space scientist, for recognizing technology tools in support of the Intel the discoveries made by amateur astrono- saving drugs more rapidly, better un- Center for Technology and the Visual mers of asteroids with near-Earth orbit tra- derstand the functions of our genes Arts. Intel’s ‘‘Teach to the Future’’ has jectories. once they have been sequenced, or provided technology training for more The message also announced that the more accurately predict tornadoes. Ad- than 6,000 New Mexico teachers to help House has agreed to the following con- vanced information technology tools them incorporate technology into their current resolutions, in which it re- have emerged to support ‘‘collabora- curricula and help prepare our children quests the concurrence of the Senate: tories’’—geographically separate re- for the jobs of the 21st century. Intel H. Con. Res. 86. Concurrent resolution au- search units on different sides of the has also launched two Computer Club- thorizing the use of the Capitol Grounds for world functioning as a single labora- houses, technology and mentoring pro- the Greater Washington Soap Box Derby. tory. grams for youth in Albuquerque and H. Con. Res. 135. Concurrent resolution au- Perhaps the most important area Santa Fe. thorizing the use of the Capitol Grounds for where information technology’s impact the District of Columbia Special Olympics has been greatest is in our economic While Moore’s Law has meant so Law Enforcement Torch Run. sector. It is commonly credited as much to my State and our Nation, we H. Con. Res. 136. Concurrent resolution au- being a key factor in our economy’s need to acknowledge that engineering, thorizing the use of the Capitol Grounds for computer chips, and information tech- the National Peace Officers’ Memorial Serv- structural shift from manufacturing to ice. services, altering the nature of our nology are about more than our mate- The message also announced that the work and the needs of our workforce. rial wealth or our simple acquisition of House has agreed to the following con- The widespread diffusion of informa- knowledge. Basically, they are about current resolution, without amend- tion technology throughout the econ- our dreams. ment: omy, and its integration into new busi- We have always been a Nation that is ness models producing more efficient S. Con. Res. 31. Concurrent resolution to defined by the great goals we set, the correct the enrollment of H.R. 1268. production methods added a full per- great dreams we dream. We have al- f centage point to the Nation’s produc- ways been a restless, questing people— tivity after 1995. Economists note that and with willpower, resources, and ENROLLED BILL SIGNED productivity is the most important great national effort, we have always At 11:26 a.m., a message from the driver of long-term economic growth, reached our horizons and then set out House of Representatives, delivered by and information technology increases for new ones. Ms. Niland, one of its reading clerks, economic output more than any other So on this 40th anniversary of announced that the Speaker has signed type of capital investment. the following enrolled bill: Beginning in 1995, U.S. productivity— Moore’s Law, I want to salute the ex- traordinarily important contributions H.R. 1268. An act making Emergency Sup- spurred by information technology ap- plemental Appropriations for Defense, the plications—accelerated to rates of of Gordon Moore, the Intel Corpora- tion, and the many other scientists and Global War on Terror, and Tsunami Relief, growth not seen in two decades. The for the fiscal year ending September 30, 2005, difference between 1.5 percent and 2.5 engineers who have helped us imagine and for other purposes. and invent the future. percent productivity growth is the dif- The enrolled bill was signed subse- ference between the standard of living In large measure, their contributions quently by the President pro tempore doubling in one generation or in two have made this new century before us (Mr. STEVENS). generations. It has enormous implica- so full of promise—molded by science, f tions. shaped by technology, and powered by The impact of Moore’s Law and the knowledge. These potent transforming MEASURES REFERRED resulting U.S. technology industry has forces can give us lives richer and The following bill was read the first also had enormous implications for my fuller than we have ever known be- and the second times by unanimous home State of New Mexico. fore.∑ consent, and referred as indicated:

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A communication from the Prin- ‘‘Approval and Promulgation of Air Quality gram in honor of Charles ‘‘Pete’’ Conrad, as- cipal Deputy Associate Administrator, Office Implementation Plans; Maryland; Metropoli- tronaut and space scientist, for recognizing of Policy, Economics, and Innovation, Envi- tan Washington, D.C. 1-Hour Ozone Attain- the discoveries made by amateur astrono- ronmental Protection Agency, transmitting, ment Demonstration Plans’’ (FRL NO. 7910– mers of asteroids with near-Earth orbit tra- pursuant to law, the report of a rule entitled 4) received on May 8, 2005; to the Committee jectories; to the Committee on Commerce, ‘‘Approval and Promulgation of State Imple- on Environment and Public Works. Science, and Transportation. mentation Plans; Michigan: Oxides of Nitro- EC–2088. A communication from the Prin- f gen’’ (FRL NO. 7904–4) received on May 3, cipal Deputy Associate Administrator, Office 2005; to the Committee on Environment and of Policy, Economics, and Innovation, Envi- MEASURES PLACED ON THE Public Works. ronmental Protection Agency, transmitting, CALENDAR EC–2081. A communication from the Prin- pursuant to law, the report of a rule entitled The following bill was read the sec- cipal Deputy Associate Administrator, Office ‘‘Approval and Promulgation of Air Quality of Policy, Economics, and Innovation, Envi- Implementation Plans; State of Washington; ond time, and placed on the calendar: ronmental Protection Agency, transmitting, Spokane Carbon Monoxide Attainment S. 989. A bill to ensure that a Federal em- pursuant to law, the report of a rule entitled Plan’’ (FRL NO. 7906–3) received on May 8, ployee who takes leave without pay in order ‘‘Determination of Attainment for the Ozone 2005; to the Committee on Environment and to perform service as a member of the uni- and Carbon Monoxide National Ambient Air Public Works. formed services or member of the National Quality Standards in Washoe County, Ne- EC–2089. A communication from the Prin- Guard shall continue to receive pay in an vada’’ (FRL NO. 7907–3) received on May 3, cipal Deputy Associate Administrator, Office amount which, when taken together with the 2005; to the Committee on Environment and of Policy, Economics, and Innovation, Envi- pay and allowances such individual is receiv- Public Works. ronmental Protection Agency, transmitting, ing for such service, will be no less than the EC–2082. A communication from the Prin- pursuant to law, the report of a rule entitled basic pay such individual would then be re- cipal Deputy Associate Administrator, Office ‘‘Approval and Promulgation of Air Quality ceiving if no interruption in employment of Policy, Economics, and Innovation, Envi- Implementation Plans; Virginia; VOC Emis- had occurred. ronmental Protection Agency, transmitting, sions Standards for AIM Coatings’’ (FRL NO. f pursuant to law, the report of a rule entitled 7910–1) received on May 8, 2005; to the Com- ‘‘Approval and Promulgation of Air Quality mittee on Environment and Public Works. EXECUTIVE AND OTHER Implementation Plans; District of Columbia, EC–2090. A communication from the Prin- COMMUNICATIONS Maryland, Virginia; 1-Hour Ozone Attain- cipal Deputy Associate Administrator, Office The following communications were ment Plans, Rate-of-Progress Plans, Contin- of Policy, Economics, and Innovation, Envi- laid before the Senate, together with gency Measures, Transportation Control ronmental Protection Agency, transmitting, Measures, VMT Offset, and 1990 Base Year pursuant to law, the report of a rule entitled accompanying papers, reports, and doc- Inventory’’ (FRL NO. 7910–3) received on May ‘‘Transportation Conformity Rule Amend- uments, and were referred as indicated: 8, 2005; to the Committee on Environment ments for the New PM2.5 National Ambient EC–2074. A communication from the Prin- and Public Works. Air Quality Standard: PM2.5 Precursors’’ cipal Deputy Assistant Secretary of the EC–2083. A communication from the Prin- (FRL NO. 7908–3) received on May 8, 2005; to Army (Civil Works), transmitting, pursuant cipal Deputy Associate Administrator, Office the Committee on Environment and Public to law, a report relative to the Hamilton of Policy, Economics, and Innovation, Envi- Works. Wetland Restoration Project; to the Com- ronmental Protection Agency, transmitting, EC–2091. A communication from the Sec- mittee on Environment and Public Works. pursuant to law, the report of a rule entitled retary of the Army, transmitting, pursuant EC–2075. A communication from the Prin- ‘‘Approval and Promulgation of Air Quality to law, a report relative to the Program Ac- cipal Deputy Assistant Secretary of the Implementation Plans; District of Columbia; quisitions Unit Cost (PAUC) for the Chem- Army (Civil Works), transmitting, pursuant VOC Emission Standards for AIM Coatings’’ ical Demilitarization (CHEM DEMIL) Pro- to law, a report relative to the Silver Strand (FRL NO. 7909–8) received on May 8, 2005; to gram; to the Committee on Armed Services. shoreline project at Imperial Beach, Cali- the Committee on Environment and Public EC–2092. A communication from the Under fornia; to the Committee on Environment Works. Secretary of Defense, Comptroller, Depart- and Public Works. EC–2084. A communication from the Prin- ment of Defense, transmitting, pursuant to EC–2076. A communication from the Chair- cipal Deputy Associate Administrator, Office law the quarterly report entitled ‘‘Accept- man, Nuclear Regulatory Commission, trans- of Policy, Economics, and Innovation, Envi- ance of Contributions for Defense Programs, mitting, pursuant to law, a report entitled ronmental Protection Agency, transmitting, Projects, and Activities; Defense Coopera- ‘‘Report to Congress on Abnormal Occur- pursuant to law, the report of a rule entitled tion Account’’; to the Committee on Armed rences, Fiscal Year 2004’’; to the Committee ‘‘Approval and Promulgation of Air Quality Services. on Environment and Public Works. Implementation Plans; Georgia: Approval of EC–2093. A communication from the Under EC–2077. A communication from the Prin- Revisions to the Georgia State Implementa- Secretary of Defense, Personnel and Readi- cipal Deputy Associate Administrator, Office tion Plan’’ (FRL NO. 7909–3) received on May ness, Department of Defense, transmitting, of Policy, Economics, and Innovation, Envi- 8, 2005; to the Committee on Environment the report of a retirement; to the Committee ronmental Protection Agency, transmitting, and Public Works. on Armed Services. pursuant to law, the report of a rule entitled EC–2085. A communication from the Prin- EC–2094. A communication from the Under ‘‘Air Quality Redesignation for the 8-Hour cipal Deputy Associate Administrator, Office Secretary of Defense for Acquisition, Tech- Ozone National Ambient Air Quality Stand- of Policy, Economics, and Innovation, Envi- nology, and Logistics, Department of De- ard; for some Counties in the States of Kan- ronmental Protection Agency, transmitting, fense transmitting, pursuant to law, a report sas and Missouri’’ (FRL NO. 7906–5) received pursuant to law, the report of a rule entitled relative to the Department’s implementa- on May 3, 2005; to the Committee on Envi- ‘‘Approval and Promulgation of Air Quality tion of postal system improvements; to the ronment and Public Works. Implementation Plans; Maryland and Vir- Committee on Armed Services. EC–2078. A communication from the Prin- ginia; Non-Regulatory Voluntary Emission EC–2095. A communication from the Under cipal Deputy Associate Administrator, Office Reduction Program Measures’’ (FRL NO. Secretary of Defense for Acquisition, Tech- of Policy, Economics, and Innovation, Envi- 7909–9) received on May 8, 2005; to the Com- nology, and Logistics, Department of De- ronmental Protection Agency, transmitting, mittee on Environment and Public Works. fense transmitting, pursuant to law, a report pursuant to law, the report of a rule entitled EC–2086. A communication from the Prin- relative to the Chemical Demilitarization ‘‘Approval and Promulgation of Implementa- cipal Deputy Associate Administrator, Office (Chem Demil)-Chemical Materials Agency tion Plans and Operating Permits Program; of Policy, Economics, and Innovation, Envi- (CMA) and Chem Demil-CMA Newport major State of Iowa’’ (FRL NO. 7906–9) received on ronmental Protection Agency, transmitting, defense acquisition programs; to the Com- May 3, 2005; to the Committee on Environ- pursuant to law, the report of a rule entitled mittee on Armed Services. ment and Public Works. ‘‘Approval and Promulgation of Air Quality EC–2096. A communication from the Under EC–2079. A communication from the Prin- Implementation Plans; Maryland; Control of Secretary of Defense for Acquisition, Tech- cipal Deputy Associate Administrator, Office Volatile Organic Compound Emissions from nology, and Logistics, transmitting, pursu- of Policy, Economics, and Innovation, Envi- AIM Coatings’’ (FRL NO. 7910–2) received on ant to law, the Selected Acquisition Reports ronmental Protection Agency, transmitting, May 8, 2005; to the Committee on Environ- (SARs) for the quarter ending December 31, pursuant to law, the report of a rule entitled ment and Public Works. 2004; to the Committee on Armed Services. ‘‘Approval and Promulgation of Implementa- EC–2087. A communication from the Prin- EC–2097. A communication from the Prin- tion Plans and Operating Permits Program; cipal Deputy Associate Administrator, Office cipal Deputy, Personnel and Readiness, De- State of Missouri’’ (FRL NO. 7906–7) received of Policy, Economics, and Innovation, Envi- partment of Defense, transmitting, pursuant

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to law, a report on the Department’s status the Committee on Health, Education, Labor, S. 103 and results of the ‘‘National Call to Service’’ and Pensions. At the request of Mrs. FEINSTEIN, the program for Fiscal Year 2004; to the Com- By Mr. WYDEN: name of the Senator from California S. 1001. A bill to establish hospice dem- mittee on Armed Services. (Mrs. BOXER) was added as a cosponsor onstration projects and a hospice grant pro- EC–2098. A communication from the Sec- of S. 103, a bill to respond to the illegal retary of the Senate, transmitting, pursuant gram for beneficiaries under the medicare to law, the report of the receipts and expend- program under title XVIII of the Social Se- production, distribution, and use of itures of the Senate for the period from Oc- curity Act, and for other purposes; to the methamphetamine in the United tober 1, 2004 through March 31, 2005; ordered Committee on Finance. States, and for other purposes. to lie on the table. By Mr. GRASSLEY (for himself and S. 147 Mr. BAUCUS): f At the request of Mr. AKAKA, the S. 1002. A bill to amend title XVIII of the name of the Senator from South Caro- REPORTS OF COMMITTEES Social Security Act to make improvements in payments to hospitals under the medicare lina (Mr. GRAHAM) was added as a co- The following reports of committees program, and for other purposes; to the Com- sponsor of S. 147, a bill to express the were submitted: mittee on Finance. policy of the United States regarding By Mr. ENZI, from the Committee on By Mr. MCCAIN: the United States relationship with Health, Education, Labor, and Pensions, S. 1003. A bill to amend the Act of Decem- Native Hawaiians and to provide a with an amendment in the nature of a sub- ber 22, 1974, and for other purposes; to the process for the recognition by the stitute: Committee on Indian Affairs. United States of the Native Hawaiian S. 285. A bill to reauthorize the Children’s By Mr. ALLEN (for himself, Mr. SMITH, governing entity. Hospitals Graduate Medical Education Pro- and Mr. ENSIGN): S. 241 gram (Rept. No. 109–66). S. 1004. A bill to provide the Federal Trade Commission with the resources necessary to At the request of Ms. SNOWE, the f protect users of the Internet from the unfair names of the Senator from New Mexico INTRODUCTION OF BILLS AND and deceptive acts and practices associated (Mr. BINGAMAN) and the Senator from JOINT RESOLUTIONS with spyware, and for other purposes; to the Wyoming (Mr. ENZI) were added as co- Committee on Commerce, Science, and The following bills and joint resolu- sponsors of S. 241, a bill to amend sec- Transportation. tion 254 of the Communications Act of tions were introduced, read the first By Mr. LUGAR: 1934 to provide that funds received as and second times by unanimous con- S. 1005. A bill to amend the Richard B. Rus- universal service contributions and the sent, and referred as indicated: sell National School Lunch Act to permit certain summer food pilot programs to be universal service support programs es- By Mrs. FEINSTEIN (for herself, Mrs. carried out in all States and by all service tablished pursuant to that section are HUTCHISON, Mr. DURBIN, Ms. SNOWE, institutions; to the Committee on Agri- not subject to certain provisions of Mr. LEAHY, Mr. FEINGOLD, and Mrs. culture, Nutrition, and Forestry. LINCOLN): title 31, United States Code, commonly By Mr. KYL (for himself, Mrs. S. 994. A bill to authorize the Attorney known as the Antideficiency Act. HUTCHISON, and Mr. CORNYN): S. 283 General to make grants to improve the abil- S. 1006. A bill to reimburse States and local ity of State and local governments to pre- governments for indirect costs relating to At the request of Mrs. DOLE, the vent the abduction of children by family the incarceration of illegal criminal aliens; name of the Senator from Colorado members, and for other purposes; to the to the Committee on the Judiciary. (Mr. ALLARD) was added as a cosponsor Committee on the Judiciary. By Mr. BINGAMAN (for himself, Ms. of S. 283, a bill to amend the Internal By Mr. CORNYN (for himself and Mrs. SNOWE, Mr. ROCKEFELLER, Mrs. Revenue Code of 1986 to provide a tax HUTCHISON): HUTCHISON, Mr. REID, and Mr. JEF- S. 995. A bill to amend the Intermodal Sur- credit for the transportation of food for FORDS): charitable purposes. face Transportation Efficiency Act of 1991 to S. 1007. A bill to prevent a severe reduction designate the La Entrada al Pacifico Cor- in the Federal medical assistance percentage S. 329 ridor in the State of Texas as a high priority determined for a State for fiscal year 2006; to At the request of Mr. ROCKEFELLER, corridor on the National Highway System; to the Committee on Finance. the name of the Senator from New Jer- the Committee on Environment and Public f sey (Mr. LAUTENBERG) was added as a Works. cosponsor of S. 329, a bill to amend By Mr. BURNS (for himself, Mr. ENZI, ADDITIONAL COSPONSORS title 11, United States Code, to increase and Mr. THUNE): S. 996. A bill to improve the Veterans Ben- S. 58 the amount of unsecured claims for sal- eficiary Travel Program of the Department At the request of Mr. SANTORUM, his aries and wages given priority in bank- of Veterans Affairs; to the Committee on name was added as a cosponsor of S. 58, ruptcy, to provide for cash payments to Veterans’ Affairs. a bill to amend title 10, United States retirees to compensate for lost health By Mr. BURNS: Code, to permit former members of the insurance benefits resulting from the S. 997. A bill to direct the Secretary of Ag- Armed Forces who have a service-con- bankruptcy of their former employer, riculture to convey certain land in the Bea- nected disability rated as total to trav- and for other purposes. verhead-Deerlodge Forest, Montana, to Jef- el on military aircraft in the same S. 390 ferson County, Montana, for use as a ceme- tery; to the Committee on Energy and Nat- manner and to the same extent as re- At the request of Mr. DODD, the ural Resources. tired members of the Armed Forces are names of the Senator from Minnesota By Mr. CRAPO (for himself and Mr. entitled to travel on such aircraft. (Mr. COLEMAN), the Senator from Wash- CRAIG): S. 98 ington (Mrs. MURRAY), the Senator S. 998. A bill to include the State of Idaho At the request of Ms. STABENOW, her from Illinois (Mr. DURBIN) and the Sen- as an affected area under the Radiation Ex- name was added as a cosponsor of S. 98, ator from Mississippi (Mr. COCHRAN) posure Compensation Act (42 U.S.C. 2210 a bill to amend the Bank Holding Com- were added as cosponsors of S. 390, a note); to the Committee on the Judiciary. bill to amend title XVIII of the Social By Mr. WYDEN (for himself and Mr. pany Act of 1956 and the Revised Stat- Security Act to provide for coverage of SMITH): utes of the United States to prohibit fi- S. 999. A bill to provide for a public re- nancial holding companies and na- ultrasound screening for abdominal sponse to the public health crisis of pain, and tional banks from engaging, directly or aortic aneurysms under part B of the for other purposes; to the Committee on indirectly, in real estate brokerage or medicare program. Health, Education, Labor, and Pensions. real estate management activities, and S. 424 By Mr. WYDEN: for other purposes. At the request of Mr. BOND, the name S. 1000. A bill to amend the Public Health At the request of Mr. ALLARD, the of the Senator from Illinois (Mr. DUR- Service Act to increase the number of per- names of the Senator from Iowa (Mr. BIN) was added as a cosponsor of S. 424, manent faculty in palliative care medicine at accredited allopathic and osteopathic HARKIN), the Senator from Maine (Ms. a bill to amend the Public Health Serv- medical schools and to promote the develop- SNOWE) and the Senator from Ken- ice Act to provide for arthritis research ment of faculty careers as academic pallia- tucky (Mr. BUNNING) were added as co- and public health, and for other pur- tive specialists who emphasize teaching; to sponsors of S. 98, supra. poses.

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S. 484 CHAMBLISS) was added as a cosponsor of Indiana (Mr. LUGAR) were withdrawn as At the request of Mr. WARNER, the S. 633, a bill to require the Secretary of cosponsors of S. 918, a bill to provide name of the Senator from New Jersey the Treasury to mint coins in com- for Flexible Fuel Vehicle (FFV) refuel- (Mr. CORZINE) was added as a cosponsor memoration of veterans who became ing capability at new and existing re- of S. 484, a bill to amend the Internal disabled for life while serving in the fueling station facilities to promote Revenue Code of 1986 to allow Federal Armed Forces of the United States. energy security and reduction of green- civilian and military retirees to pay S. 695 house gas emissions. health insurance premiums on a pretax At the request of Mr. COCHRAN, the S. 991 basis and to allow a deduction for names of the Senator from Arkansas At the request of Mr. KENNEDY, the TRICARE supplemental premiums. (Mrs. LINCOLN) and the Senator from name of the Senator from New Jersey S. 493 North Dakota (Mr. CONRAD) were added (Mr. LAUTENBERG) was added as a co- At the request of Mr. GRASSLEY, the as cosponsors of S. 695, a bill to sus- sponsor of S. 991, a bill to amend title name of the Senator from South Da- pend temporarily new shipper bonding I of the Employee Retirement Income kota (Mr. THUNE) was added as a co- privileges. Security Act of 1974 to limit the avail- sponsor of S. 493, a bill to amend title S. 756 ability of benefits under an employer’s II of the Higher Education Act of 1965 nonqualified deferred compensation to increase teacher familiarity with At the request of Mr. BENNETT, the name of the Senator from Maryland plans in the event that any of the em- the educational needs of gifted and tal- ployer’s defined benefit pension plans ented students, and for other purposes. (Ms. MIKULSKI) was added as a cospon- sor of S. 756, a bill to amend the Public are subjected to a distress or PBGC ter- S. 495 Health Service Act to enhance public mination in connection with bank- At the request of Mr. CORZINE, the ruptcy reorganization or a conversion name of the Senator from Illinois (Mr. and health professional awareness and understanding of lupus and to to a cash balance plan, to provide ap- OBAMA) was added as a cosponsor of S. strengthen the Nation’s research ef- propriate funding restrictions in con- 495, a bill to impose sanctions against nection with the maintenance of non- perpetrators of crimes against human- forts to identify the causes and cure of lupus. qualified deferred compensation plans, ity in Darfur, Sudan, and for other pur- and to provide for appropriate disclo- S. 776 poses. sure with respect to nonqualified de- At the request of Mr. JOHNSON, the S. 512 ferred compensation plans. At the request of Mr. SANTORUM, the names of the Senator from Connecticut S.J. RES. 15 names of the Senator from Ohio (Mr. (Mr. DODD) and the Senator from At the request of Mr. BROWNBACK, the DEWINE) and the Senator from Colo- Michigan (Mr. LEVIN) were added as co- name of the Senator from California rado (Mr. SALAZAR) were added as co- sponsors of S. 776, a bill to designate (Mrs. BOXER) was added as a cosponsor sponsors of S. 512, a bill to amend the certain functions performed at flight of S.J. Res. 15, a joint resolution to ac- Internal Revenue Code of 1986 to clas- service stations of the Federal Avia- knowledge a long history of official sify automatic fire sprinkler systems tion Administration as inherently gov- depredations and ill-conceived policies as 5-year property for purposes of de- ernmental functions, and for other pur- by the United States Government re- preciation. poses. garding Indian tribes and offer an apol- S. 513 S. 832 ogy to all Native Peoples on behalf of At the request of Mr. GREGG, the At the request of Mr. TALENT, his the United States. name of the Senator from California name was added as a cosponsor of S. S. RES. 124 (Mrs. BOXER) was added as a cosponsor 832, a bill to amend the Internal Rev- of S. 513, a bill to provide collective enue Code of 1986 to provide taxpayer At the request of Mr. HAGEL, the bargaining rights for public safety offi- protection and assistance, and for name of the Senator from Maryland cers employed by States or their polit- other purposes. (Ms. MIKULSKI) was added as a cospon- sor of S. Res. 124, a resolution recog- ical subdivisions. S. 841 S. 566 nizing the importance of increasing At the request of Mrs. CLINTON, the awareness of autism spectrum dis- At the request of Mr. ROCKEFELLER, name of the Senator from California the name of the Senator from Cali- orders, supporting programs for in- (Mrs. BOXER) was added as a cosponsor creased research and improved treat- fornia (Mrs. BOXER) was added as a co- of S. 841, a bill to amend the Fair sponsor of S. 566, a bill to continue ment of autism, and improving train- Labor Standards Act of 1938 to provide ing and support for individuals with State coverage of medicaid prescrip- more effective remedies to victims of tion drug coverage to medicare dual el- autism and those who care for individ- discrimination in the payment of uals with autism. igible beneficiaries for 6 months while wages on the basis of sex, and for other AMENDMENT NO. 595 still allowing the medicare part D ben- purposes. efit to be implemented as scheduled. At the request of Mr. OBAMA, the S. 894 S. 602 names of the Senator from Indiana At the request of Mr. ENZI, the name At the request of Ms. MIKULSKI, the (Mr. LUGAR), the Senator from Colo- of the Senator from Minnesota (Mr. name of the Senator from Ohio (Mr. rado (Mr. SALAZAR), the Senator from DAYTON) was added as a cosponsor of S. DEWINE) was added as a cosponsor of S. Iowa (Mr. HARKIN), the Senator from 894, a bill to allow travel between the 602, a bill to amend the Public Health Indiana (Mr. BAYH), the Senator from Service Act to fund breakthroughs in United States and Cuba. Illinois (Mr. DURBIN), the Senator from Alzheimer’s disease research while pro- S. 895 Minnesota (Mr. COLEMAN), the Senator viding more help to caregivers and in- At the request of Mr. DOMENICI, the from Missouri (Mr. TALENT) and the creasing public education about pre- name of the Senator from Colorado Senator from Minnesota (Mr. DAYTON) vention. (Mr. SALAZAR) was added as a cospon- were added as cosponsors of amend- S. 604 sor of S. 895, a bill to direct the Sec- ment No. 595 intended to be proposed to At the request of Ms. CANTWELL, her retary of the Interior to establish a H.R. 3, a bill to authorize funds for name was added as a cosponsor of S. rural water supply program in the Rec- Federal-aid highways, highway safety 604, a bill to amend title XVIII of the lamation States to provide a clean, programs, and transit programs, and Social Security Act to authorize ex- safe, affordable, and reliable water sup- for other purposes. pansion of medicare coverage of med- ply to rural residents. AMENDMENT NO. 609 ical nutrition therapy services. S. 918 At the request of Mr. BINGAMAN, his S. 633 At the request of Mr. OBAMA, the name was added as a cosponsor of At the request of Mr. JOHNSON, the names of the Senator from Colorado amendment No. 609 intended to be pro- name of the Senator from Georgia (Mr. (Mr. SALAZAR) and the Senator from posed to H.R. 3, a bill to authorize

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9287 funds for Federal-aid highways, high- ily abduction cases is revenge against called the California Family Law Cen- way safety programs, and transit pro- the other parent—not love for the ter led by Florencio Maning, a con- grams, and for other purposes. child. victed child molester. For six months, f The effects of family abduction on Maning orchestrated the concealment children are very traumatic. Abducted of the Nunez girls with help from other STATEMENTS ON INTRODUCED children suffer from severe separation people. Luckily, police were able to BILLS AND JOINT RESOLUTIONS anxiety. To break emotional ties with track down the girls, and they were By Mrs. FEINSTEIN (for herself, the left-behind parent, some family ab- successfully reunited with their father. Mrs. HUTCHISON, Mr. DURBIN, ductors will coach a child into falsely California has been the Nation’s lead- Ms. SNOWE, Mr. LEAHY, Mr. disclosing abuse by the other parent to er in fighting family abduction. In my FEINGOLD, and Mrs. LINCOLN): perpetuate their control during or after State, we have a system that places S. 994. A bill to authorize the Attor- abduction. The child is often told that the responsibility for the investigation ney General to make grants to improve the other parent is dead or did not real- and resolution of family abduction the ability of State and local govern- ly love them. cases with the County District Attor- ments to prevent the abduction of chil- As the child adapts to a fugitive’s ney’s Office. Each California County dren by family members, and for other lifestyle, deception becomes a part of District Attorney’s Office has an inves- purposes; to the Committee on the Ju- life. The child is taught to fear those tigative unit that is focused on family diciary. that one would normally trust, such as abduction cases. These investigators Mrs. FEINSTEIN. Mr. President, I police, doctors, teachers and coun- only handle family abduction cases and rise today along with Senators selors. Even after recovery, the child become experts in the process. However, most States lack the train- HUTCHISON, DURBIN, SNOWE, LEAHY and often has a difficult time growing into ing and resources to effectively recover FEINGOLD to reintroduce the ‘‘Family adulthood. children who are kidnapped by a family Abduction Prevention Act of 2005,’’ a Let me give an illustrative example bill to help the thousands of children member. According to a study con- about a girl named Rebekah. On ducted by Plass, Finkelhor and who are abducted by a family member Takeroot.org, a website devoted to vic- Hotaling, 62 percent of parents sur- each year. We introduced this legisla- tims of family abductions, Rebekah veyed said they were ‘‘somewhat’’ or tion last Congress, but it is just as told the story of when her mother kid- ‘‘very’’ dissatisfied with police han- needed today as it was then. napped her. dling of their family abduction cases. Family abductions are the most com- Her mother was diagnosed as manic The ‘‘Family Abduction Prevention mon form of abduction, yet they re- and was verbally abusive to her chil- Act of 2005’’ would be an important ceive little attention, and law enforce- dren and husband. Rebekah’s father first step in addressing this serious ment often doesn’t treat them as the was awarded full custody of her and her issue. serious crimes that they are. brothers. However, one weekend, when I urge my colleagues to quickly act The Family Abduction Prevention Rebekah was 4-years-old, her mother on this important legislation. Act of 2005 would provide grants to took her to Texas. I ask unanimous consent that the States for costs associated with family Her mother had all Rebekah’s moles text of the bill be printed in the abduction prevention. Specifically, it and distinguishing marks removed RECORD. would assist States with: costs associ- from her body and she had fake birth There being no objection, the bill was ated with the extradition of individuals certificates made for Rebekah and her- ordered to be printed in the RECORD, as suspected of committing the crime of self. As Rebekah grew up, she was told follows: family abduction; costs borne by State that her father didn’t love her and that S. 994 and local law enforcement agencies to her siblings didn’t want to see her. Be it enacted by the Senate and House of Rep- investigate cases of missing children; When the FBI finally found Rebekah, resentatives of the United States of America in training for local and State law en- she didn’t remember her father and felt Congress assembled, forcement agencies in responding to very alone. SECTION 1. SHORT TITLE. family abductions; outreach and media This Act may be cited as the ‘‘Family Ab- In addition, in many family abduc- duction Prevention Act of 2005’’. campaigns to educate parents on the tion cases, children are given new iden- SEC. 2. FINDINGS. dangers of family abductions; and as- tities at an age when they are still de- Congress findings that— sistance to public schools to help with veloping a sense of who they are. In ex- (1) each year more than 203,000 children in costs associated with ‘‘flagging’’ school treme cases, the child’s sexual identity the United States (approximately 78 percent records. is covered up to avoid detection. of all abducted children) are abducted by a Each year, over 200,000 children—78 Abducting parents often deprive their family member, usually a parent; percent of all abductions in the United children of education and much-needed (2) more than half of the parents who States—are kidnapped by a family medical attention to avoid the risk of abduct their children have a history of alco- hol or substance abuse, a criminal record, or member, usually a non-custodial par- being tracked via school or medical a history of violence; ent. records. (3) the most common motive for family ab- More than half of abducting parents In some cases, the abducting parent duction is revenge against the other parent, have a history of domestic violence, leaves the child with strangers at an not protecting the child’s safety; substance abuse, or a criminal record. underground ‘‘safe house’’ where (4) children who are abducted by family Most State and local law enforce- health, safety, and other basic needs members suffer emotional, psychological, ment agencies do not treat these ab- are extremely compromised. and often physical abuse at the hands of ductions as serious crimes. Approxi- For example, in Lafayette, CA, two their abductors; mately 70 percent of law enforcement girls were abducted by their mother (5) children who are victims of family ab- ductions are forced to leave behind family, agencies do not have written guidelines and moved from house to house under friends, their homes, their neighborhoods, on responding to family abduction and the control of a convicted child mo- their schools, and all that is familiar to many are not informed about the Fed- lester. Kelli Nunez absconded with her them; eral laws available to help in the daughters, 6-year-old Anna and 4-year- (6) children who are victims of family ab- search and recovery of an abducted old Emily in violation of court custody ductions are often told that the parent who child. orders. Nunez drove her daughters did not abduct the child has died, does not Many people believe that a child is cross-country, and then returned by love them, or will harm them; not in grave danger if the abductor is a plane to San Francisco, where she (7) children who are abducted by their par- ents or other family members are sometimes family member. Unfortunately, this is handed the children to someone hold- forced to live in fear of discovery and may be not true, and this assumption can en- ing a coded sign at the airport. compelled to conceal their true identity, in- danger a child’s life. Research shows The person holding the sign belonged cluding their real names, family histories, that the most common motive in fam- to an underground vigilante group and even their gender;

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9288 CONGRESSIONAL RECORD—SENATE May 11, 2005 (8) children who are victims of family ab- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. to Health Care Act of 2005 that I intro- ductions are often denied the opportunity to For the purpose of carrying out this Act, duced with my colleagues Senator there are authorized to be appropriated to attend school or to receive health and dental BURNS and Senator THUNE. This legis- care; the Attorney General $500,000 for fiscal year 2006 and such sums as may be necessary for lation would raise the travel reim- (9) child psychologists and law enforce- bursement rate for veterans who must ment authorities now classify family abduc- each of fiscal years 2007 and 2008. tion as a form of child abuse; travel to Department of Veterans Af- (10) approximately 70 percent of local law Mr. BURNS (for himself, Mr. fairs’ hospitals for treatment. The cur- enforcement agencies do not have written ENZI, and Mr. THUNE): rent reimbursement rate is 11 cents per guidelines for what to do in the event of a S. 996. A bill to improve the Veterans mile. This bill would raise that figure family abduction or how to facilitate the re- Beneficiary Travel Program of the De- to match the Federal employees travel covery of an abducted child; partment of Veterans Affairs; to the reimbursement rate which is 40.5 cents (11) the first few hours of a family abduc- Committee on Veterans’ Affairs. per mile. tion are crucial to recovering an abducted Mr. BURNS. Mr. President, today, I The average price for gas in Wyoming child, and valuable hours are lost when law join my colleagues, Senator ENZI and right now is $2.20 per gallon. The cur- enforcement is not prepared to employ the Senator THUNE in introducing ‘‘The rent rate of 11 cents per mile barely most effective techniques to locate and re- cover abducted children; Veterans Road to Health Care Act of makes a dent in the expenses incurred (12) when parents who may be inclined to 2005.’’ by veterans who have no choice but to abduct their own children receive counseling Montana veterans are often forced to travel by automobile for health care. I and education on the harm suffered by chil- travel hundreds of miles throughout have received numerous letters from dren under these circumstances, the inci- our great State to receive the veterans in Wyoming describing how dence of family abductions is greatly re- healthcare they need. Whether trav- difficult it is to work into their budget duced; and eling to the only Veterans’ Administra- the money necessary to travel between (13) where practiced, the flagging of school tion (VA) hospital located just outside their hometown and the VA hospital. records has proven to be an effective tool in of Helena at Fort Harrison, or to one of Being able to access health care is assisting law enforcement authorities find abducted children. the eight Community Based Outpatient vital; veterans should not have to Clinics, CBOCs, the distances traveled choose between driving to receive need- SEC. 3. DEFINITIONS. by our veterans is great. We have a lot ed treatment and being able to afford In this Act: of dirt between light bulbs in Montana. other necessities. (1) FAMILY ABDUCTION.—The term ‘‘family This distance, combined with the in- In Wyoming, we have two VA Med- abduction’’ means the taking, keeping, or crease in gas prices and the cost of ical Centers, one in Cheyenne and one concealing of a child or children by a parent, other family member, or person acting on be- lodging for veterans and their families in Sheridan. Veterans have to travel to half of the parent or family member, that adds up quickly. Many of these folks do one of these facilities to be treated for prevents another individual from exercising not have any other option for their health conditions and be covered by lawful custody or visitation rights. health care, and I think that anything the health care plan that the govern- (2) FLAGGING.—The term ‘‘flagging’’ means which can be done to help those who ment provides for them. This poses a the process of notifying law enforcement au- are travel eligible would be appre- serious problem in terms of travel ex- thorities of the name and address of any per- ciated. pense, especially with the rise in gaso- son requesting the school records of an ab- The Veterans Road to Health Care line prices. Some towns in Wyoming ducted child. Act of 2005 would help ease this burden are over 300 miles away from the near- (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or by raising the travel reimbursement est VA facility. A veteran living in other organized group or community, includ- rate for veterans who must travel to Riverton must drive 215 miles to the ing any Alaska Native village or regional or VA facilities for treatment. The cur- Sheridan facility or nearly 300 to the village corporation as defined in or estab- rent reimbursement rate of 11 cents per Cheyenne facility. This problem is then lished pursuant to the Alaska Native Claims mile would be increased to the Federal compounded when these facilities, Settlement Act (43 U.S.C. 1601 et seq.), which rate of 40.5 cents per mile. It seems which provide great service for our vet- is recognized as eligible for the special pro- only fair that veterans who have sac- erans, must refer the veterans to a grams and services provided by the United rificed so much for this country receive larger hospital in Salt Lake City or States to Indians because of their status as the same compensation as Federal em- Denver for additional treatment or pro- Indians. ployees. cedures. (4) STATE.—The term ‘‘State’’ means each of the several States, the District of Colum- My bill would also allow payment This bill addresses the health care of bia, the Commonwealth of Puerto Rico, the under the Travel Beneficiary Program veterans who have special needs. It Commonwealth of the Northern Mariana Is- to veterans who cannot receive ade- would allow veterans who have been re- lands, American Samoa, Guam, the Virgin quate care at their VA facility and are ferred to a special care center by their Islands, any territory or possession of the thereby forced to travel to another VA physician to be reimbursed under United States, and any Indian tribe. care center for specialized treatment. the Travel Beneficiary Program for SEC. 4. GRANTS TO STATES. This referral to another facility for ad- their travel to the specialized facility. ditional treatment often increases the This applies only to those veterans who (a) MATCHING GRANTS.—The Attorney Gen- costs for veterans from rural States cannot receive adequate care at their eral shall make grants to States for projects involving— like Montana, who must make another VA facility. (1) the extradition of individuals suspected trip and sometimes travel even longer This legislation is important to all of committing a family abduction; distances, for medical assistance. veterans, but it is especially signifi- (2) the investigation by State and local law It is important that veterans in rural cant to those veterans who live in rural enforcement agencies of family abduction areas receive fair compensation, as states, like my home State of Wyo- cases; they travel to obtain healthcare. I ming. Rural States are less populated; (3) the training of State and local law en- want to acknowledge Senators ENZI there is greater distance between forcement agencies in responding to family and THUNE for joining me in support of towns and far fewer options for trans- abductions and recovering abducted chil- this bill. Their work on this and all portation. Wyoming has miles and dren, including the development of written other veterans’ issues is to be com- guidelines and technical assistance; miles of miles and miles. Cars are the (4) outreach and media campaigns to edu- mended, and I look forward to working main mode of transportation and many cate parents on the dangers of family abduc- with them and my other Senate col- times the only option. tions; and leagues to pass this important piece of It is our duty to compensate our (5) the flagging of school records. legislation. We need to do this for vet- servicemen and women for the sac- (b) MATCHING REQUIREMENT.—Not less than erans in Montana and other rural areas rifices that they made defending the 50 percent of the cost of a project for which across the country. freedoms of this country. With our cur- a grant is made under this section shall be Mr. ENZI. Mr. President, I rise today rent recruitment and retention prob- provided by non-Federal sources. in strong support of the Veterans Road lems in the military, it is our Nation’s

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9289 responsibility to give veterans the kind under subsection (a) as the Secretary con- am introducing legislation today to of access to healthcare they have siders appropriate to protect the interests of bring RECA back on course. Informa- earned through their service to our the United States. tion used to establish who would be eli- country. The rising cost of gasoline By Mr. CRAPO (for himself and gible for compensation failed to recog- should not be a factor for veterans to nize that four counties in Idaho ranked Mr. CRAIG): ignore their health concerns because S. 998. A bill to include the State of in the top five in having the highest they cannot afford to travel to the Idaho as an affected area under the Ra- per capita thyroid dosage of radiation nearest veterans’ clinic. I strongly urge diation Exposure Compensation Act (42 in the nation, more than any county my colleagues to support this impor- U.S.C. 2210 note); to the committee on currently recognized by RECA for eligi- tant bill. the Judiciary. bility. This clear inequity must be rec- Mr. CRAPO. Mr. President, in the tified; Idaho has a documented history By Mr. BURNS: 1950s and 1960s, this country was in the of high cancer rates in people who lived S. 997. A bill to direct the Secretary midst of a cold war and arms race, a in these areas during testing. At this time I would like to thank of Agriculture to convey land in the race to perfect the hydrogen bomb. To people like Sheri Garmon, Kathy Beaverhead-Deerlodge Forest, Mon- win the race, nuclear weapons tech- Skippen, Tona Henderson, and so many tana, to Jefferson County, Montana, nology was developed using above others who have spent time and energy for use as a cemetery; to the Com- ground testing in Idaho’s neighbor to on this issue. Some like Sheri are mittee on Energy and Natural Re- the south, Nevada. During these tests, fighting multiple cancers and yet have sources. Idahoans recount going outside in the Mr. BURNS. Mr. President, this bill taken the time to pursue their belief evenings to look at the beautiful sun- that they to deserved to be eligible for conveys 3.4 acres on the Beaverhead- sets caused by the testing. Unfortu- Deerlodge National Forest to Jefferson the RECA program. The NAS report nately and unbeknown to them, these recognizes that the RECA program County, MT for continued use as a skies were filled with dangerous radi- cemetery. needs revamping, but Idahoans deserve ation that very much elevated their ex- equal treatment with those in Utah, The Elkhorn Cemetery in Jefferson posure and subsequent risk of devel- County has been used as a cemetery Arizona, and Nevada now. They should oping cancer. not have to wait while Congress comes since the 1860’s. Due to surveying er- I will not debate whether government up with a better way to administer this rors and limited information when the authorities adequately knew the extent program. That is why I am introducing National Forest boundaries were sur- of the long-term dangers to radiation legislation today that will extend the veyed in the early 1900’s, the cemetery exposure. However, after a long and present program to cover the full State was included as National Forest lands. protracted discussion in this very of Idaho. And I am encouraging my col- The cemetery is still in use by local chamber, Congress did recognize that leagues to work with me on making families who homesteaded and worked what had occurred during this time of the entire RECA program more com- the mines in the area. However, Forest nuclear testing and rightly came for- Service manual direction strongly dis- prehensive for the future. ward providing for compensation It is the right thing to do. courages burials on National Forest through the Radiation Exposure Com- lands, placing both the families and pensation Act of 1990 (RECA). This bill By Mr. WYDEN (for himself and Forest Service in an awkward position. said that if you lived in certain coun- Mr. SMITH): It is clear the cemetery should not ties in certain States during a certain S. 999. A bill to provide for a public have been included as part of the Na- period of time and had specified dis- response to the public health crisis of tional Forest. The County Commis- eases, you were eligible for compensa- pain, and for other purposes; to the sioners and the local public strongly tion. It is now time to review that pro- Committee on Health, Education, support the conveyance. gram and make it work for everyone Labor, and Pensions. I ask unanimous consent that the who may have become ill because of ra- text of the bill be printed in the diation fall-out exposure. By Mr. WYDEN: RECORD. The criteria established in the Act S. 1000. A bill to amend the Public There being no objection, the bill was were driven by limited scientific Health Service Act to increase the ordered to be printed in the RECORD, as knowledge and political expediency. number of permanent faculty in pallia- follows: This was recognized in 1999, when a tive care medicine at accredited S. 997 group of Senators, led by Senator allopathic and osteopathic medical Be it enacted by the Senate and House of Rep- HATCH, amended RECA to include addi- schools and to promote the develop- resentatives of the United States of America in tional counties in Arizona. During the ment of faculty careers as academic Congress assembled, floor debate at the time, Senator palliative specialists who emphasize SECTION 1. SHORT TITLE. HATCH said, ‘‘Through advances in teaching; to the Committee on Health, This Act may be cited as the ‘‘Montana science, we now know so much more Education, Labor, and Pensions. Cemetery Act of 2005’’. about the effects of radiation than we SEC. 2. CONVEYANCE TO JEFFERSON COUNTY, By Mr. WYDEN MONTANA. did in the late 1950s and 1960s. Our cur- S. 1001. A bill to establish hospice (a) CONVEYANCE.—Not later than 180 days rent state of scientific knowledge al- demonstration projects and a hospice after the date of enactment of this Act and lows us to pinpoint with more accuracy grant program for beneficiaries under subject to valid existing rights, the Sec- which diseases are reasonably believed the medicare program under title XVII retary of Agriculture (referred to in this Act to be related to radiation exposure, and of the Social Security Act, and for as the ‘‘Secretary’’), acting through the that is what necessitated the legisla- Chief of the Forest Service, shall convey to other purposes; to the Committee on tion we are considering today.’’ Finance. Jefferson County, Montana, for no consider- But the truth is even more encom- ation, all right, title, and interest of the Mr. WYDEN. Mr. President, several United States in and to the parcel of land de- passing than a few more counties. Ac- weeks ago, I outlined what I believed scribed in subsection (b). cording to a report from the National this country needs to do in order to ad- (b) DESCRIPTION OF LAND.—The parcel of Academies of Sciences, a report com- dress the true issues related to how we land referred to in subsection (a) is the par- missioned by Congress, radiation fall- care for those who are dying. Today, I cel of National Forest System land (includ- out didn’t know any arbitrary geo- am introducing 3 bills to improve ac- ing any improvements on the land) known as graphic boundaries. It didn’t stop be- cess to pain management, increase the the Elkhorn Cemetery, which consists of 10 cause it crossed a State or county line. acres in Jefferson County located in SW1/4 number of providers trained to care for Sec. 14, T. 6 N., R. 3 W. The NAS report, released last month, those with life-threatening illness, and (c) ADDITIONAL TERMS AND CONDITIONS.— clearly demonstrated that we continue improve the Medicare hospice benefit. The Secretary may require such additional to be wide of the mark in who is eligi- Our medical system is geared to- terms and conditions for the conveyance ble for compensation and that is why I wards curing patients, and gives short

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9290 CONGRESSIONAL RECORD—SENATE May 11, 2005 shrift to those we cannot cure. Modern before the Senate Health, Education Sec. 302. Insurance coverage of pain and advances in technology allow us to live and Labor Committee, they identified symptom management. longer, but that also means that many this legislation as addressing an impor- TITLE IV—IMPROVING FEDERAL CO- of us will live longer with chronic dis- tant need. ORDINATION OF POLICY, RESEARCH, eases including pain. As we look at how to better care for AND INFORMATION The Conquering Pain Act will help those at the end of life, Medicare’s hos- Sec. 401. Advisory Committee on Pain and those patients living and dying in pain, Symptom Management. pice benefit bears examination. When Sec. 402. Institutes of Medicine report on support their families and assist pro- the benefit was added to Medicare, it controlled substance regulation viders in getting information and guid- was hailed as a cost effective benefit and the use of pain medica- ance. This legislation will provide an that would assist many. In truth, few tions. opportunity for the country to develop Americans know what hospice really is Sec. 403. Conference on pain research and and test different ways of providing and the benefits it can provide. Too care. pain management to patients 24 hours often seniors are advised of the benefits TITLE V—DEMONSTRATION PROJECTS a day, seven days a week. It would cre- too late to get the full effect of the Sec. 501. Provider performance standards for ate and fund regional networks to as- medical, social and spiritual support improvement in pain and symp- tom management. sist patients so they would not have to this benefit can provide. Part of the Sec. 502. End of life care demonstration wait until normal business hours to get reason for this is Medicare requires the projects. relief and help providers receive timely patient to choose between continuing SEC. 2. FINDINGS. information and guidance as they treat to seek ‘‘curative’’ care or hospice and Congress finds that— difficult cases. This bill would create a palliative care. This means that lit- (1) pain is often left untreated or under- website and require access to it in erally the patient must choose between treated especially among older patients, Af- health care settings so families, pa- the hope of a cure and accepting that rican Americans, Hispanics and other mi- tients and providers can have instant they are dying. Not many of us would norities, and children; (2) chronic pain is a public health problem information. In addition, the bill re- want to give up seeking a cure or want affecting at least 50,000,000 Americans quires several studies so we can better to give up hope. However, that is what through some form of persisting or recurring understand the other roadblocks for the Medicare program requires now. symptom; patients seeking pain management. The Medicare Hospice Demonstration (3) 40 to 50 percent of patients experience These roadblocks include the lack of Act tests the idea that patients would moderate to severe pain at least half the health insurance coverage for pain not have to give up seeking ‘‘curative’’ time in their last days of life; management and the interaction of the care, to get hospice. It is my belief that (4) 70 to 80 percent of cancer patients expe- rience significant pain during their illness; enforcement of laws concerning con- as people experience what hospice can (5) one in 7 nursing home residents experi- trolled substances and the delivery of do for them and for their families, they ence persistent pain that may diminish their appropriate pain management. I am will find they can accept living the end quality of life; pleased that my colleague from Oregon of their lives with hospice and pallia- (6) despite the best intentions of physi- is cosponsoring the Conquering Pain tive care instead of seeking less effec- cians, nurses, pharmacists, and other health Act. tive care that will not cure them or en- care professionals, pain is often under-treat- Another aspect of our health care hance the quality of their life. ed because of the inadequate training of cli- system that needs strengthening, is in nicians in pain management; If the U.S. Senate is going to exam- (7) despite the best intentions of physi- assuring that we have providers who ine end of life issues, we should not cians, nurses, pharmacists, mental health know how to provide support and com- just look at legal issues. I believe these professionals, and other health care profes- fort care to the dying. The Palliative proposals are essential elements of the sionals, pain and symptom management is Care Training Act will increase the health care system that need to be sup- often suboptimal because the health care number of providers trained in pallia- ported and strengthened. system has focused on cure of disease rather tive care. Palliative care is an ap- I ask unanimous consent that the than the management of a patient’s pain and proach that improves the quality of life text of the bills be printed in the other symptoms; of patients and their families facing (8) the technology and scientific basis to RECORD. adequately manage most pain is known; the problems associated with life- There being no objection, the bills (9) pain should be considered the fifth vital threatening illness. It does so through were ordered to be printed in the sign; and the prevention and relief of suffering RECORD, as follows: (10) coordination of Federal efforts is need- by early identification, assessment and S. 999 ed to improve access to high quality effec- treatment of pain and other problems. Be it enacted by the Senate and House of Rep- tive pain and symptom management in order Palliative care affirms life and regards resentatives of the United States of America in to assure the needs of chronic pain patients dying as a normal process. It neither Congress assembled, and those who are terminally ill are met. hastens nor postpones death and is ap- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 3. DEFINITIONS. In this Act: plicable early in the course of illness, (a) SHORT TITLE.—This Act may be cited as (1) CHRONIC PAIN.—The term ‘‘chronic in conjunction with other therapies the ‘‘Conquering Pain Act of 2005’’. (b) TABLE OF CONTENTS.—The table of con- pain’’ means a pain state that is persistent that are intended to prolong life, such tents for this Act is as follows: and in which the cause of the pain cannot be as chemotherapy or radiation therapy, Sec. 1. Short title. removed or otherwise alleviated. Such term and offers a support system to help pa- Sec. 2. Findings. includes pain that may be associated with tients live as actively as possible until Sec. 3. Definitions. long-term incurable or intractable medical death. TITLE I—EMERGENCY RESPONSE TO THE conditions or disease. My legislation provides grants to in- PUBLIC HEALTH CRISIS OF PAIN (2) END OF LIFE CARE.—The term ‘‘end of dividuals with appointments as junior life care’’ means a range of services, includ- Sec. 101. Guidelines for the treatment of ing hospice care, provided to a patient, in faculty at accredited medical schools pain. the final stages of his or her life, who is suf- Sec. 102. Patient expectations to have pain so they will teach other providers pal- fering from 1 or more conditions for which liative care. This is modeled after ex- and symptom management. Sec. 103. Quality improvement projects. treatment toward a cure or reasonable im- isting awards for the training of other Sec. 104. Pain coverage quality evaluation provement is not possible, and whose focus of specialties. When it comes down to it, and information. care is palliative rather than curative. assuring there is faculty in schools to Sec. 105. Surgeon General’s report. (3) FAMILY SUPPORT NETWORK.—The term ‘‘family support network’’ means an associa- teach this area of medicine, is an inex- TITLE II—DEVELOPING COMMUNITY tion of 2 or more individuals or entities in a pensive way of strengthening the RESOURCES collaborative effort to develop multi-dis- health care system in providing this Sec. 201. Family support networks in pain ciplinary integrated patient care approaches needed care. I am pleased to note that and symptom management. that involve medical staff and ancillary serv- when the National Hospice and Pallia- TITLE III—REIMBURSEMENT BARRIERS ices to provide support to chronic pain pa- tive Care Association recently testified Sec. 301. Reimbursement barriers report. tients and patients at the end of life and

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9291 their caregivers across a broad range of set- shall develop and maintain an Internet (6) the Civilian Health and Medical Pro- tings in which pain management might be website to provide information to individ- gram of the Uniformed Services (CHAMPUS) delivered. uals, health care practitioners, and health as defined in section 1073(4) of title 10, United (4) HOSPICE.—The term ‘‘hospice care’’ has facilities concerning evidence-based practice States Code; and the meaning given such term in section guidelines developed for the treatment of (7) other programs administered by the 1861(dd)(1) of the Social Security Act (42 physical and psychological pain. Websites in Secretary. U.S.C. 1395x(dd)(1)). existence on such date may be used if such SEC. 103. QUALITY IMPROVEMENT EDUCATION (5) MEDICATION THERAPY MANAGEMENT websites meet the requirements of this sec- PROJECTS. SERVICES.—The term ‘‘medication therapy tion. The Secretary shall provide funds for the management services’’ means consultations (b) REQUIREMENTS.—The website estab- implementation of special education with a physician or other health care profes- lished under subsection (a) shall— projects, in as many States as is practicable, sional (including a pharmacist) who is prac- (1) be designed to be quickly referenced by to be carried out by peer review organiza- ticing within the scope of the professional’s health care practitioners; and tions of the type described in section 1152 of license, concerning a patient which results (2) provide for the updating of guidelines as the Social Security Act (42 U.S.C. 1320c–1) to in— scientific data warrants. improve the quality of pain and symptom (A) a change in the drug regimen of the pa- (c) PROVIDER ACCESS TO GUIDELINES.— management. Such projects shall place an tient to avoid an adverse drug interaction (1) IN GENERAL.—In establishing the emphasis on improving pain and symptom with another drug or disease state; website under subsection (a), the Secretary management at the end of life, and may also (B) a change in inappropriate drug dosage shall ensure that health care facilities have include efforts to increase the quality of or dosage form with respect to the patient; made the website known to health care prac- services delivered to chronic pain patients (C) discontinuing an unnecessary or harm- titioners and that the website is easily avail- and the chronically ill for whom pain may be ful medication with respect to the patient; able to all health care personnel providing a significant symptom. (D) an initiation of medication therapy for care or services at a health care facility. SEC. 104. PAIN COVERAGE QUALITY EVALUATION a medical condition of the patient; (2) USE OF CERTAIN EQUIPMENT.—In making AND INFORMATION. (E) consultation with the patient or a care- the information described in paragraph (1) (a) IN GENERAL.—Section 1851(d)(4) of the giver in a manner that results in a signifi- available to health care personnel, the facil- Social Security Act (42 U.S.C. 42 U.S.C. cant improvement in drug regimen compli- ity involved shall— 1395w–21(d)(4)) is amended— ance; or (A) ensure that such personnel have access (1) in subparagraph (A), by adding at the (F) patient and caregiver understanding of to the website through the computer equip- end the following: the appropriate use and adherence to medi- ment of the facility; ‘‘(ix) The organization’s coverage of pain cation therapy. (B) carry out efforts to inform personnel at and symptom management.’’; and (6) PAIN AND SYMPTOM MANAGEMENT.—The the facility of the location of such equip- (2) in subparagraph (D)— term ‘‘pain and symptom management’’ ment; and (A) in clause (iii), by striking ‘‘and’’ at the means services provided to relieve physical (C) ensure that patients, caregivers, and end; or psychological pain or suffering, including support groups are provided with access to (B) in clause (iv), by striking the period any 1 or more of the following physical com- the website. and inserting ‘‘, and’’; and plaints— (3) RURAL AREAS.— (C) by adding at the end the following: (A) weakness and fatigue; (A) IN GENERAL.—A health care facility, ‘‘(v) not later than 2 years after the date of (B) shortness of breath; particularly a facility located in a rural or enactment of this clause, an evaluation (C) nausea and vomiting; underserved area, without access to the (which may be made part of any other rel- (D) diminished appetite; Internet shall provide an alternative means evant report of quality evaluation that the (E) wasting of muscle mass; of providing practice guideline information plan is required to prepare) for the plan (up- (F) difficulty in swallowing; to all health care personnel. dated annually) that indicates the perform- (G) bowel problems; (B) ALTERNATIVE MEANS.—The Secretary ance of the plan with respect to access to, (H) dry mouth; shall determine appropriate alternative and quality of, pain and symptom manage- (I) failure of lymph drainage resulting in means by which a health care facility may ment, including such management as part of tissue swelling; make available practice guideline informa- end of life care. Data shall be posted in a (J) confusion; tion on a 24-hour basis, 7 days a week if the comparable manner for consumer use on (K) dementia; facility does not have Internet access. The www.medicare.gov.’’. (L) delirium; criteria for adopting such alternative means (b) EFFECTIVE DATE.—The amendments (M) anxiety; should be clear in permitting facilities to de- made by paragraph (1) apply to information (N) depression; and velop alternative means without placing a provided with respect to annual, coordinated (O) other related symptoms significant financial burden on the facility election periods (as defined in section (7) PALLIATIVE CARE.—The term ‘‘palliative and in permitting flexibility for facilities to 1851(e)(3)(B) of the Social Security Act (42 care’’ means the total care of patients whose develop alternative means of making guide- U.S.C. 1395–21(e)(3)(B)) beginning after the disease is not responsive to curative treat- lines available. Such criteria shall be pub- date of enactment of this Act. ment, the goal of which is to provide the best lished in the Federal Register. SEC. 105. SURGEON GENERAL’S REPORT. quality of life for such patients and their SEC. 102. PATIENT EXPECTATIONS TO HAVE PAIN Not later than October 1, 2006, the Surgeon families. Such care— AND SYMPTOM MANAGEMENT. General shall prepare and submit to the ap- (A) may include the control of pain and of (a) IN GENERAL.—The administrator of propriate committees of Congress and the other symptoms, including psychological, so- each of the programs described in subsection public, a report concerning the state of pain cial and spiritual problems; (b) shall ensure that, as part of any informa- and symptom management in the United (B) affirms life and regards dying as a nor- tional materials provided to individuals States. The report shall include— mal process; under such programs, such materials shall (1) a description of the legal and regulatory (C) provides relief from pain and other dis- include information, where relevant, to in- barriers that may exist at the Federal and tressing symptoms; form such individuals that they should ex- State levels to providing adequate pain and (D) integrates the psychological and spir- pect to have their pain assessed and should symptom management; itual aspects of patient care; expect to be provided with effective pain and (2) an evaluation of provider competency (E) offers a support system to help patients symptom relief, when receiving benefits in providing pain and symptom management; live as actively as possible until death; and under such program. (3) an identification of vulnerable popu- (F) offers a support system to help the (b) PROGRAMS.—The programs described in lations, including children, advanced elderly, family cope during the patient’s illness and this subsection shall include— non-English speakers, and minorities, who in their own bereavement. (1) the medicare and medicaid programs may be likely to be underserved or may face (8) SECRETARY.—The term ‘‘Secretary’’ under titles XIX and XXI of the Social Secu- barriers to access to pain management and means the Secretary of Health and Human rity Act (42 U.S.C. 1935 et seq., 1936 et seq.); recommendations to improve access to pain Services. (2) programs carried out through the Pub- management for these populations; TITLE I—EMERGENCY RESPONSE TO THE lic Health Service; (4) an identification of barriers that may PUBLIC HEALTH CRISIS OF PAIN (3) programs carried out through the In- exist in providing pain and symptom man- SEC. 101. GUIDELINES FOR THE TREATMENT OF dian Health Service; agement in health care settings, including PAIN. (4) programs carried out through health assisted living facilities; (a) DEVELOPMENT OF WEBSITE.—Not later centers under section 330 of the Public (5) an identification of patient and family than 2 months after the date of enactment of Health Service Act (42 U.S.C. 254b); attitudes that may exist which pose barriers this Act, the Secretary, acting through the (5) the Federal Employee Health Benefits in accessing pain and symptom management Agency for Healthcare Research and Quality, Program under title 5, United States Code; or in the proper use of pain medications;

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(6) an evaluation of medical, nursing, and (1) IN GENERAL.—Each Network shall estab- managed care entities, to determine whether pharmacy school training and residency lish a process to provide health care per- the reimbursement policies of such insurers training for pain and symptom management; sonnel with information 24 hours a day, 7 inhibit the access of chronic pain patients to (7) a review of continuing medical edu- days a week, concerning pain and symptom pain and symptom management and pain and cation programs in pain and symptom man- management. Such process shall be designed symptom management for those in need of agement; and to test the effectiveness of specific forms of end-of-life care (including patients who are (8) a description of the use of and access to communications with health care personnel chronically ill for whom pain is a significant mental health services for patients in pain so that such personnel may obtain informa- symptom). The survey shall include a review and patients at the end of life. tion to ensure that all appropriate patients of formularies for pain medication and the TITLE II—DEVELOPING COMMUNITY are provided with pain and symptom man- effect of such formularies on pain and symp- RESOURCES agement. tom management. (2) TERMINATION.—The requirement of (b) REPORT.—Not later than 1 year after SEC. 201. FAMILY SUPPORT NETWORKS IN PAIN the date of enactment of this Act, the Gen- AND SYMPTOM MANAGEMENT. paragraph (1) shall terminate with respect to eral Accounting Office shall prepare and sub- (a) ESTABLISHMENT.—The Secretary, acting a Network on the day that is 2 years after mit to the appropriate committees of Con- through the Public Health Service, shall the date on which the Network has estab- gress a report concerning the survey con- award grants for the establishment of 6 Na- lished the communications method. ducted under subsection (a). tional Family Support Networks in Pain and (3) EVALUATION.—Not later than 60 days Symptom Management (in this section re- after the expiration of the 2-year period re- TITLE IV—IMPROVING FEDERAL COORDI- ferred to as the ‘‘Networks’’) to serve as na- ferred to in paragraph (2), a Network shall NATION OF POLICY, RESEARCH, AND IN- tional models for improving the access and conduct an evaluation and prepare and sub- FORMATION quality of pain and symptom management to mit to the Secretary a report concerning the SEC. 401. ADVISORY COMMITTEE ON PAIN AND chronic pain patients (including chronically costs of operation and whether the form of SYMPTOM MANAGEMENT. ill patients for whom pain is a significant communication can be shown to have had a (a) ESTABLISHMENT.—The Secretary shall symptom) and those individuals in need of positive impact on the care of patients in establish an advisory committee, to be pain and symptom management at the end of chronic pain or on patients with pain at the known as the Advisory Committee on Pain life and to provide assistance to family mem- end of life. and Symptom Management, to make rec- bers and caregivers. (4) RULE OF CONSTRUCTION.—Nothing in this ommendations to the Secretary concerning a (b) ELIGIBILITY AND DISTRIBUTION.— subsection shall be construed as limiting a coordinated Federal agenda on pain and (1) ELIGIBILITY.—To be eligible to receive a Network from developing other ways in symptom management. (b) MEMBERSHIP.—The Advisory Committee grant under subsection (a), an entity shall— which to provide support to families and pro- established under subsection (a) shall be (A) be an academic facility or other entity viders, 24 hours a day, 7 days a week. comprised of 11 individuals to be appointed that has demonstrated an effective approach (e) AUTHORIZATION OF APPROPRIATIONS.— to training health care providers including There is authorized to be appropriated to by the Secretary, of which at least 1 member mental health professionals concerning pain carry out this section, $18,000,000 for fiscal shall be a representative of— and symptom management and palliative years 2005 through 2007. (1) physicians (medical doctors or doctors care services; and of osteopathy) who treat chronic pain pa- TITLE III—REIMBURSEMENT BARRIERS (B) prepare and submit to the Secretary an tients or the terminally ill; application (to be peer reviewed by a com- SEC. 301. REIMBURSEMENT BARRIERS REPORT. (2) nurses who treat chronic pain patients mittee established by the Secretary), at such The Medicare Payment Advisory Commis- or the terminally ill; time, in such manner, and containing such sion (MedPac) established under section 1805 (3) pharmacists; information as the Secretary may require. of the Social Security Act (42 U.S.C. 1396b–6) (4) hospice; (2) DISTRIBUTION.—In providing for the es- shall conduct a study, and prepare and sub- (5) pain researchers; tablishment of Networks under subsection mit to the appropriate committees of Con- (6) patient advocates; (a), the Secretary shall ensure that— gress a report, concerning— (7) caregivers; and (A) the geographic distribution of such (1) the manner in which medicare policies (8) mental health providers. Networks reflects a balance between rural may pose barriers in providing pain and The members of the Committee shall des- and urban needs; and symptom management and palliative care ignate 1 member to serve as the chairperson (B) at least 3 Networks are established at services in different settings, including a of the Committee. academic facilities. focus on payment for nursing home and (c) MEETINGS.—The Advisory Committee (c) ACTIVITIES OF NETWORKS.—A Network home health services; shall meet at the call of the chairperson of that is established under this section— (2) the identification of any financial bar- the Committee. (1) shall provide for an integrated inter- riers that may exist within the medicare and (d) AGENDA.—The agenda of the Advisory disciplinary approach, that includes psycho- medicaid programs under titles XVIII and Committee established under subsection (a) logical and counseling services, to the deliv- XIX of the Social Security Act (42 U.S.C. 1395 shall include— ery of pain and symptom management; et seq., 1396 et seq.) that interfere with con- (1) the development of recommendations to (2) shall provide community leadership in tinuity of care and interdisciplinary care or create a coordinated Federal agenda on pain establishing and expanding public access to supportive care for the broad range of chron- and symptom management; appropriate pain care, including pain care at ic pain patients (including patients who are (2) the development of proposals to ensure the end of life; chronically ill for whom pain is a significant that pain is considered as the fifth vital sign (3) shall provide assistance, through care- symptom), and for those who are terminally for all patients; giver supportive services, that include coun- ill, and include the recommendations of the (3) the identification of research needs in seling and education services; Commission on ways to eliminate those bar- pain and symptom management, including (4) shall develop a research agenda to pro- riers that the Commission may identify; gaps in pain and symptom management mote effective pain and symptom manage- (3) the reimbursement barriers that exist, guidelines; ment for the broad spectrum of patients in if any, in providing pain and symptom man- (4) the identification and dissemination of need of access to such care that can be im- agement through hospice care, particularly pain and symptom management practice plemented by the Network; in rural areas, and if barriers exist, rec- guidelines, research information, and best (5) shall provide for coordination and link- ommendations concerning adjustments that practices; ages between clinical services in academic would assist in assuring patient access to (5) proposals for patient education con- centers and surrounding communities to as- pain and symptom management through hos- cerning how to access pain and symptom sist in the widespread dissemination of pro- pice care in rural areas; management across health care settings; vider and patient information concerning (4) whether the medicare reimbursement (6) the manner in which to measure im- how to access options for pain management; system provides incentives to providers to provement in access to pain and symptom (6) shall establish telemedicine links to delay informing terminally ill patients of management and improvement in the deliv- provide education and for the delivery of the availability of hospice and palliative ery of care; services in pain and symptom management; care; and (7) the development of ongoing strategies (7) shall develop effective means of pro- (5) the impact of providing payments for to assure the aggressive use of pain medica- viding assistance to providers and families medication therapy management services in tions, including opiods, regardless of health for the management of a patient’s pain 24 pain and symptom management and pallia- care setting; and hours a day, 7 days a week; and tive care services. (8) the development of an ongoing mecha- (8) may include complimentary medicine SEC. 302. INSURANCE COVERAGE OF PAIN AND nism to identify barriers or potential bar- provided in conjunction with traditional SYMPTOM MANAGEMENT. riers to pain and symptom management cre- medical services. (a) IN GENERAL.—The General Accounting ated by Federal policies. (d) PROVIDER PAIN AND SYMPTOM MANAGE- Office shall conduct a survey of public and (e) RECOMMENDATION.—Not later than 2 MENT COMMUNICATIONS PROJECTS.— private health insurance providers, including years after the date of enactment of this

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PROVIDER PERFORMANCE STANDARDS (a) IN GENERAL.—Section 753 of the Public mit to the Secretary recommendations con- FOR IMPROVEMENT IN PAIN AND Health Service Act (42 U.S.C. 294c) is amend- cerning a prioritization of the need for a SYMPTOM MANAGEMENT. ed by adding at the end the following: Federal agenda on pain and symptom man- (a) IN GENERAL.—The Secretary, acting ‘‘(d) HOSPICE AND PALLIATIVE CARE ACA- agement, and ways in which to better coordi- through the Health Resources Services Ad- DEMIC CAREER AWARDS.— nate the activities of entities within the De- ministration, shall award grants for the es- ‘‘(1) IN GENERAL.—The Secretary shall es- partment of Health and Human Services, and tablishment of not less than 5 demonstration tablish a program to provide Hospice and other Federal entities charged with the re- projects to determine effective methods to Palliative Care Academic Career Awards to sponsibility for the delivery of health care measure improvement in the skills, knowl- eligible individuals under this subsection. services or research on pain and symptom edge, and attitudes and beliefs of health care ‘‘(2) ELIGIBILITY.—To be eligible to receive management with respect to pain manage- personnel in pain and symptom management an Award under this subsection, an indi- ment. as such skill, knowledge, and attitudes and vidual shall— beliefs apply to providing services to chronic (f) CONSULTATION.—In carrying out this ‘‘(A) be board certified or board eligible in pain patients and those patients requiring internal medicine, family practice, or pediat- section, the Advisory Committee shall con- pain and symptom management at the end of sult with all Federal agencies that are re- rics and their subspecialties including geri- life. atrics, palliative medicine, or other special- sponsible for providing health care services (b) EVALUATION.—Projects established ties as determined by the Secretary; or access to health services to determine the under subsection (a) shall be evaluated to de- ‘‘(B) have completed an approved fellow- best means to ensure that all Federal activi- termine patient and caregiver knowledge ship program or demonstrated specialized ex- ties are coordinated with respect to research and attitudes toward pain and symptom and access to pain and symptom manage- management. perience in palliative medicine as deter- ment. (c) APPLICATION.—To be eligible to receive mined by the Secretary; and ‘‘(C) have a junior faculty appointment at (g) ADMINISTRATIVE SUPPORT; TERMS OF a grant under subsection (a), an entity shall prepare and submit to the Secretary an ap- an accredited (as determined by the Sec- SERVICE; OTHER PROVISIONS.—The following retary) school of medicine (allopathic or os- shall apply with respect to the Advisory plication at such time, in such manner and containing such information as the Sec- teopathic) and within an internship or resi- Committee: dency program that is approved by the Ac- (1) The Committee shall receive necessary retary may require. (d) TERMINATION.—A project established creditation Council on Graduate Medical and appropriate administrative support, in- under subsection (a) shall terminate after Education or the American Osteopathic As- cluding appropriate funding, from the De- the expiration of the 2-year period beginning sociation. partment of Health and Human Services. on the date on which such project was estab- ‘‘(3) AMOUNT AND TERM.— (2) The Committee shall hold open meet- lished. ‘‘(A) AMOUNT.—The amount of an Award to ings and meet not less than 4 times per year. (e) AUTHORIZATION OF APPROPRIATIONS.— an individual under this subsection shall be (3) Members of the Committee shall not re- There is authorized to be appropriated such equal to $75,000 for fiscal year 2006, adjusted ceive additional compensation for their serv- sums as may be necessary to carry out this for subsequent fiscal years to reflect the in- ice. Such members may receive reimburse- section. crease in the Consumer Price Index. ment for appropriate and additional expenses SEC. 502. END OF LIFE CARE DEMONSTRATION ‘‘(B) TERM.—The term of any Award made that are incurred through service on the PROJECTS. under this subsection shall not exceed 5 Committee which would not have incurred The Secretary, acting through the Health years. had they not been a member of the Com- Resources and Services Administration, ‘‘(4) SERVICE REQUIREMENT.—An individual mittee. shall— who receives an Award under this subsection (4) The requirements of Appendix 2 of title (1) not later than January 1, 2007, carry out shall provide training in hospice care and 5, United States Code. not less than 5 demonstration and evaluation palliative medicine, including the training of SEC. 402. INSTITUTES OF MEDICINE REPORT ON projects that implement care models for in- interdisciplinary teams of health care pro- CONTROLLED SUBSTANCE REGULA- dividuals at the end of life, at least one of fessionals. The provision of such training TION AND THE USE OF PAIN MEDI- which shall be developed to assist those indi- shall constitute at least 75 percent of the ob- CATIONS. viduals who are terminally ill and have no ligations of such individual under the terms (a) IN GENERAL.—The Secretary, acting family or extended support, and each of of the Award. through a contract entered into with the In- which may be carried out in collaboration ‘‘(5) EFFECTIVE DATE.—This subsection stitute of Medicine, shall review findings with domestic and international entities to shall take effect 90 days after the date of en- that have been developed through research gain and share knowledge and experience on actment of the Palliative Care Training conducted concerning— end of life care; Act.’’. (1) the effects of controlled substance regu- (2) conduct 3 demonstration and evaluation (b) AUTHORIZATION OF APPROPRIATIONS.— lation on patient access to effective care; activities concerning the education and Section 757 of the Public Health Service Act (2) factors, if any, that may contribute to training of clinicians in end of life care, and (42 U.S.C. 294g) is amended— the underuse of pain medications, including assist in the development and distribution of (1) in subsection (a), by striking ‘‘through opiods; accurate educational materials on both pain 2002’’ and inserting ‘‘through 2010’’; (3) the identification of State legal and and symptom management and end of life (2) in subsection (b)(1)(C), by striking regulatory barriers, if any, that may impact care; ‘‘$22,631,000’’ and inserting ‘‘$55,779,000’’; and patient access to medications used for pain (3) in awarding grants for the training of (3) in subsection (c), by adding at the end and symptom management; and health professionals, give priority to award- the following: (4) strategies to assure the aggressive use ing grants to entities that will provide train- ‘‘(3) GERIATRIC EDUCATION AND TRAINING.— of pain medications, including opiods, re- ing for health professionals in pain and Of the amount made available under sub- gardless of health care setting. symptom management and in end-of-life care section (b)(1)(C) for fiscal year 2006, the Sec- at the undergraduate level; retary may obligate for awards under sub- (b) REPORT.—Not later than 18 months (4) shall evaluate demonstration projects after the date of enactment of this Act, the sections (a), (b), and (c) of section 753 an carried out under this section within the 5- amount not less than $31,805,000.’’. Secretary shall prepare and submit to the year period beginning on the commencement S. 1001 appropriate committees of Congress a report of each such project; and concerning the findings described in sub- (5) develop a strategy and make rec- Be it enacted by the Senate and House of Rep- section (a). ommendations to Congress to ensure that resentatives of the United States of America in SEC. 403. CONFERENCE ON PAIN RESEARCH AND the United States health care system— Congress assembled, CARE. (A) has a meaningful, comprehensive, and SECTION 1. SHORT TITLE. Not later than December 31, 2007, the Sec- effective approach to meet the needs of indi- This Act may be cited as the ‘‘Medicare retary, acting through the National Insti- viduals and their caregivers as the patient Hospice Demonstration Act of 2005’’. tutes of Health, shall convene a national approaches death; and SEC. 2. FINDINGS. conference to discuss the translation of pain (B) integrates broader supportive services. Congress makes the following findings: research into the delivery of health services S. 1000 (1) Each year more than 1⁄3 of the people including mental health services to chronic Be it enacted by the Senate and House of Rep- who die suffer from a chronic illness. pain patients and those needing end-of-life resentatives of the United States of America in (2) Approximately 1⁄3 of Americans are un- care. The Secretary shall use unobligated Congress assembled, sure about whom to contact to get the best amounts appropriated for the Department of SECTION 1. SHORT TITLE. care during life’s last stages. Health and Human Services to carry out this This Act may be cited as the ‘‘Palliative (3) Americans want a team of professionals section. Care Training Act’’. to care for the patient at the end of life.

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(4) Americans want emotional and spir- (3) SERVICES UNDER DEMONSTRATION the continuous home care day rate for hos- itual support for the patient and family. PROJECTS.—The provisions of section 1814(i) pice care. (5) Ninety percent of Americans do not re- of the Social Security Act (42 U.S.C. 1395f(i)) (4) SUPPORTIVE AND COMFORT CARE BEN- alize that hospice care is a benefit provided shall apply to the payment for hospice care EFIT.— under the medicare program under title provided under the demonstration projects, (A) IN GENERAL.—For purposes of the dem- XVIII of the Social Security Act. except that— onstration projects, the Secretary shall es- (6) Data of the Centers for Medicare & Med- (A) notwithstanding section 1862(a)(1)(C) of tablish a supportive and comfort care benefit icaid Services show that beneficiaries were such Act (42 U.S.C. 1395y(a)(1)(C)), the Sec- for any eligible seriously ill medicare bene- enrolled in hospice for an average of less retary shall provide for reimbursement for ficiary (as defined in subparagraph (C)). than 7 weeks in 1998, far less than the full 6- items and services provided under the sup- (B) PARTICIPATION.—Any individual or enti- month benefit under the medicare program. portive and comfort care benefit established ty with an agreement under section 1866 of (7) According to the most recent data under paragraph (3); the Social Security Act (42 U.S.C. 1395cc) available, although more medicare bene- (B) any licensed nurse practitioner or phy- may furnish items or services covered under ficiaries are enrolled in hospice, the medi- sician assistant may admit a seriously ill the supportive and comfort care benefit. care length of stay has declined. medicare beneficiary as the primary care (C) BENEFIT.—Under the supportive and (8) Use of hospice among medicare bene- provider when necessary and within the comfort care benefit, any eligible seriously ficiaries has been decreasing, from a high of scope of practice of such practitioner or as- ill medicare beneficiary may— 59 days in 1995 to less than 48 days in 1998. sistant under State law; (i) continue to receive benefits for disease SEC. 3. HOSPICE DEMONSTRATION PROJECTS (C) if an underserved community included and symptom modifying treatment under the AND HOSPICE EDUCATION GRANTS. in a demonstration project does not have a medicare program (and the Secretary may (a) DEFINITIONS.—In this section: qualified social worker, any professional not require or prohibit any specific treat- (1) DEMONSTRATION PROJECT.—The term (other than a social worker) who has the nec- ment or decision); ‘‘demonstration project’’ means a dem- essary knowledge, skills, and ability to pro- (ii) receive case management and hospice onstration project established by the Sec- vide medical social services may provide care through a hospice program partici- retary under subsection (b)(1). such services; pating in a demonstration project (for which (2) HOSPICE CARE.—The term ‘‘hospice (D) the Secretary shall waive any require- payment shall be made under paragraph care’’ means the items and services described ment that nursing facilities used for respite (2)(F)(ii)); and in subparagraphs (A) through (I) of section care have skilled nurses on the premises 24 (iii) receive information and education in 1861(dd)(1) of the Social Security Act (42 hours per day; order to better understand the utility of hos- U.S.C. 1395x(dd)(1)) that are provided to a se- (E) the Secretary shall permit respite care pice care. riously ill medicare beneficiary under a dem- to be provided to the seriously ill medicare (D) PAYMENT.—The Secretary shall estab- onstration project by a hospice program (or beneficiary at home; and lish procedures under which the Secretary by others under an arrangement with such a (F) the Secretary shall waive reimburse- pays for items and services furnished to seri- program) under a written plan for providing ment regulations to provide— ously ill medicare beneficiaries under the such care to such beneficiary established and (i) reimbursement for consultations and supportive and comfort care benefit on a fee- periodically reviewed by the beneficiary’s at- preadmission informational visits, even if for-service basis. tending physician, by the medical director of the seriously ill medicare beneficiary does (E) ELIGIBLE SERIOUSLY ILL MEDICARE BENE- the program, and by the interdisciplinary not elect hospice care at that time; FICIARY DEFINED.— group described in section 1861(dd)(2)(B) of (ii) except with respect to the supportive (i) IN GENERAL.—In this paragraph, the such Act (42 U.S.C. 1395x(dd)(2)(B)). and comfort care benefit under paragraph (3), term ‘‘eligible seriously ill medicare bene- (3) HOSPICE PROGRAM.—The term ‘‘hospice program’’ has the meaning given that term a minimum payment for hospice care pro- ficiary’’ means any seriously ill medicare in section 1861(dd)(2) of the Social Security vided under the demonstration projects beneficiary that meets the criteria approved Act (42 U.S.C. 1395x(dd)(2)). based on the provision of hospice care to a by the Secretary under clause (ii). seriously ill medicare beneficiary for a pe- (ii) APPROVAL OF CRITERIA.— (4) MEDICARE BENEFICIARY.—The term ‘‘medicare beneficiary’’ means any indi- riod of 14 days, that— (I) IN GENERAL.—With respect to each dem- vidual who is entitled to benefits under part (I) the Secretary shall pay to any hospice onstration project, the Secretary shall ap- A or enrolled under part B of the medicare program participating in a demonstration prove criteria for determining whether a se- program. project and providing such care (regardless riously ill medicare beneficiary is eligible (5) MEDICARE PROGRAM.—The term ‘‘medi- of the length of stay of the seriously ill for hospice care under a demonstration care program’’ means the health benefits medicare beneficiary); and project that has been developed by hospice program under title XVIII of the Social Se- (II) may not be less than the amount of programs in consultation with researchers in curity Act (42 U.S.C. 1395 et seq.). payment that would have been made for hos- end-of-life care and the broader medical com- (6) SECRETARY.—The term ‘‘Secretary’’ pice care if payment had been made at the munity. means the Secretary of Health and Human daily rate of payment for such care under (II) DATA COMPARABILITY.—The Secretary Services. section 1814(i) of the Social Security Act (42 may only approve criteria that ensures that (7) SERIOUSLY ILL.—The term ‘‘seriously U.S.C. 1395f(i)); each demonstration project yields com- ill’’ has the meaning given such term by the (iii) an increase in the reimbursement parable data with respect to eligible seri- Secretary (in consultation with hospice pro- rates for hospice care to offset— ously ill medicare beneficiaries on— grams and academic experts in end-of-life (I) changes in hospice care and oversight (aa) the utilization of services by such care), except that the Secretary may not under the demonstration projects; beneficiaries; limit such term to individuals who are ter- (II) the higher costs of providing hospice (bb) the cost of providing services to such minally ill (as defined in section care in rural areas due to lack of economies beneficiaries, including any costs associated 1861(dd)(3)(A) of the Social Security Act (42 of scale or large geographic areas; and with providing services before an individual U.S.C. 1395x(dd)(3)(A))). (III) the higher costs of providing hospice is terminally ill (as defined in section (b) HOSPICE DEMONSTRATION PROJECTS.— care in urban underserved areas due to 1861(dd)(3)(A) of the Social Security Act (42 (1) ESTABLISHMENT.—The Secretary shall unique costs specifically associated with U.S.C. 1395x(dd)(3)(A))); and establish demonstration projects in accord- people living in those areas, including pro- (cc) the effect of the demonstration project ance with the provisions of this subsection viding security; on the quality of care of such beneficiaries. to increase the utility of the hospice care for (iv) direct payment of any nurse practi- (III) LIMITATION.—The Secretary may not seriously ill medicare beneficiaries. tioner or physician assistant practicing approve criteria if the purpose of such cri- (2) PARTICIPATION.— within the scope of State law in relation to teria is to segment services or to provide a (A) HOSPICE PROGRAMS.—Except as pro- hospice care provided by such practitioner or benefit for the chronically ill. vided in paragraph (4)(A), only a hospice pro- assistant; and (5) CONDUCT OF DEMONSTRATION PROJECTS.— gram with an agreement under section 1866 (v) a per diem rate of payment for in-home (A) SITES.—The Secretary shall conduct of the Social Security Act (42 U.S.C. 1395cc), care under subparagraph (E) that reflects the demonstration projects in at least 3, but not a consortium of such hospice programs, or a range of care needs of the seriously ill medi- more than 6, sites (which may be statewide). State hospice association may participate in care beneficiary and that— (B) SELECTION OF SITES.— the demonstration program. (I) in the case of a seriously ill medicare (i) IN GENERAL.—Except as provided in (B) SERIOUSLY ILL MEDICARE BENE- beneficiary that needs routine care, is not clause (ii), the Secretary shall select dem- FICIARIES.—The Secretary shall permit any less than 150 percent, and not more than 200 onstration sites on the basis of proposals seriously ill medicare beneficiary residing in percent, of the routine home care rate for submitted under subparagraph (C) that are the service area of a hospice program par- hospice care; and located in geographic areas that— ticipating in a demonstration project to par- (II) in the case of a seriously ill medicare (I) include both urban and rural hospice ticipate in such project on a voluntary basis. beneficiary that needs acute care, is equal to programs; and

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9295 (II) are geographically diverse and readily consultation with participants in the By Mr. GRASSLEY (for himself accessible to a significant number of seri- projects, shall submit to the committees de- and Mr. BAUCUS): ously ill medicare beneficiaries. scribed in subparagraph (A) an interim re- S. 1002. A bill to amend title XVIII of (ii) EXCEPTIONS.— port on the demonstration projects. the Social Security Act to make im- (I) UNDERSERVED URBAN AREAS.—If a geo- (C) FINAL REPORT.—Not later than the date graphic area does not have any rural hospice on which the demonstration projects end, provements in payments to hospitals program available to participate in a dem- the Secretary shall submit a final report to under the medicare program, and for onstration project, such area may substitute the committees described in subparagraph other purposes; to the Committee on an underserved urban area, but the Sec- (A) on the demonstration projects that in- Finance. retary shall give priority to those proposals cludes the results of the evaluation con- Mr. GRASSLEY. Mr. President, phy- that include a rural hospice program. ducted under paragraph (7) and recommenda- sician-owned specialty hospitals con- (II) SPECIFIC SITE.—The Secretary shall se- tions for appropriate legislative changes. tinue to raise a number of troubling lect as a demonstration site the State in (9) WAIVER OF MEDICARE REQUIREMENTS.— issues, and I feel strongly that addi- which (according to the Hospital Referral The Secretary shall waive compliance with tional action to address these issues is Region of Residence, 1994–1995, as listed in such requirements of the medicare program the Dartmouth Atlas of Health Care 1998) the to the extent and for the period the Sec- needed from Congress. Today, I am largest metropolitan area of the State had retary finds necessary to conduct the dem- pleased to join Senator MAX BAUCUS, the lowest percentage of medicare bene- onstration projects. the ranking Democrat on the Senate ficiary deaths in a hospital when compared (10) SPECIAL RULES FOR PAYMENT OF MEDI- Finance Committee, in introducing the to the largest metropolitan area of each CARE ADVANTAGE ORGANIZATIONS.—The Sec- Hospital Fair Competition Act of 2005. other State, and the percentage of enrollees retary shall establish procedures under This bill has an effective date of June who experienced intensive care during the which the Secretary provides for an appro- 8, 2005, regardless of when it may be en- last 6 months of life was 21.5 percent. priate adjustment in the monthly payments acted as this is the date the current (C) PROPOSALS.— made under section 1853 of the Social Secu- (i) IN GENERAL.—The Secretary shall ac- rity Act (42 U.S.C. 1395w–23) to any Medicare moratorium on specialty hospitals ex- cept proposals by any State hospice associa- Advantage organization offering a Medicare pires. tion, hospice program, or consortium of hos- Advantage plan to reflect the participation Now, specialty hospitals have existed pice programs at such time, in such manner, of each seriously ill medicare beneficiary en- for quite some time. There are other and in such form as the Secretary may rea- rolled in such plan in a demonstration types of hospitals with a special focus, sonably require. project. such as children’s hospitals and psy- (ii) RESEARCH DESIGNS.—The Secretary (c) HOSPICE EDUCATION GRANT PROGRAM.— chiatric facilities. But these are not shall permit research designs that use time (1) IN GENERAL.—The Secretary shall estab- really what we are talking about. We series, sequential implementation of the lish a Hospice Education Grant program intervention, randomization by wait list, and under which the Secretary awards education are talking about the emergence of a other designs that allow the strongest pos- grants to entities participating in the dem- new type of hospital. These new facili- sible implementation of the demonstration onstration projects for the purpose of pro- ties are mostly for-profit. They are projects, while still allowing strong evalua- viding information about— mainly owned by the physicians who tion about the merits of the demonstration (A) the hospice care under the medicare refer their patients to these hospitals. projects. program; and And, they provide treatment in very (D) FACILITATION OF EVALUATION.—The Sec- (B) the benefits available to medicare specific areas such as cardiac, ortho- retary shall design the program to facilitate beneficiaries under the demonstration pedic or surgical care. the evaluation conducted under paragraph projects. The number of these specialty hos- (7). (2) USE OF FUNDS.—Grants awarded under (6) DURATION.—The Secretary shall com- paragraph (1) shall be used— pitals has more than tripled in the past plete the demonstration projects within a pe- (A) to provide— 10 years. While they are still relatively riod of 61⁄2 years that includes a period of 18 (i) individual or group education to medi- small in number—about 100—they are months during which the Secretary shall care beneficiaries and the families of such increasing quickly. They are mainly complete the evaluation under paragraph (7). beneficiaries; and located in certain pockets of the coun- (7) EVALUATION.—During the 18-month pe- (ii) individual or group education of the try, concentrated in those States with- riod following the first 5 years of the dem- medical and mental health community car- out a ‘‘certificate of need’’ require- onstration projects, the Secretary shall com- ing for medicare beneficiaries; and ment. That means they are mainly lo- plete an evaluation of the demonstration (B) to test strategies to improve the gen- projects in order to determine— eral public knowledge about hospice care cated in States where hospitals are per- (A) the short-term and long-term costs and under the medicare program and the benefits mitted to add beds or build new facili- benefits of changing hospice care provided available to medicare beneficiaries under the ties without first obtaining approval under the medicare program to include the demonstration projects. by the State. This approval process items, services, and reimbursement options (d) FUNDING.— helps ensure that there is an actual provided under the demonstration projects; (1) HOSPICE DEMONSTRATION PROJECTS.— public health need for additional (B) whether any increase in payments for (A) IN GENERAL.—Except as provided in health resources in the community. the hospice care provided under the medicare subparagraph (B), the Secretary shall pro- Congress, in the Medicare Prescrip- program are offset by savings in other parts vide for the transfer from the Federal Hos- of the medicare program; pital Insurance Trust Fund under section tion Drug, Improvement, and Mod- (C) the projected cost of implementing the 1817 of the Social Security Act (42 U.S.C. ernization Act of 2003 (MMA), placed a demonstration projects on a national basis; 1395i) such sums as may be necessary to moratorium on the development of new and carry out this section. physician-owned specialty hospital (D) in consultation with hospice organiza- (B) SUPPORTIVE AND COMFORT CARE BEN- hospitals until June 8, 2005. First, there tions and hospice programs (including orga- EFIT.—The Secretary shall provide for the were concerns about the conflict of in- nizations and providers that represent rural transfer from the Federal Hospital Insurance terest inherit in physician self-referral. areas), whether a payment system based on Trust Fund under section 1817 of the Social Second, it was thought that specialty diagnosis-related groups is useful for admin- Security Act (42 U.S.C. 1395i) and the Federal istering the hospice care provided under the Supplementary Medical Insurance Trust hospitals might be an unfair form of medicare program. Fund established under section 1841 of such competition. And third, in all of this, (8) REPORTS TO CONGRESS.— Act (42 U.S.C. 1395t), in such proportion as was a concern about the impact these (A) PRELIMINARY REPORT.—Not later than 3 the Secretary determines is appropriate, hospitals may be having on the health years after the date of enactment of this such sums as may be necessary to provide for care system as a whole. Act, the Secretary shall submit to the Com- payment of the costs attributable to the sup- The Medicare Payment Advisory mittee on Ways and Means of the House of portive and comfort care benefit. Commission (MedPAC) and the Centers Representatives and to the Committee on Fi- (2) HOSPICE EDUCATION GRANTS.—The Sec- for Medicare and Medicaid Services nance of the Senate a preliminary report on retary shall expend such sums as may be (CMS) were directed by the MMA to the progress made in the demonstration necessary for the purposes of carrying out projects. the Hospice Education Grant program estab- study and report on a number of issues (B) INTERIM REPORT.—Not later than 30 lished under subsection (c)(1) from the Re- related to specialty hospitals. Today’s months after the implementation of the search and Demonstration Budget of the Hospital Fair Competition Act draws demonstration projects, the Secretary, in Centers for Medicare & Medicaid Services. heavily from MedPAC’s non-partisan

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9296 CONGRESSIONAL RECORD—SENATE May 11, 2005 recommendations in its March 8, 2005, bling. Physicians are paid by Medicare close this loophole. New specialty hos- report to Congress. to treat the patient. In addition, be- pitals will not qualify for the ‘‘whole Three separate government studies cause they are owners of the hospital, hospital’’ exception as of June 8, 2005— have found that physician-owned spe- physician owners get a payment from the date the moratorium expires. cialty hospitals treat the most profit- Medicare for use of the facility. And, Existing specialty hospitals, those in able patients and services, leaving because they are also investors in the operation or under development before community hospitals to treat a dis- hospital, these physician owners also November 18, 2003, will be able to con- proportionate share of less profitable get dividends on their investment. tinue operating under certain restric- cases, Medicaid cases and the unin- MedPAC found these annual dividends tions. These ‘‘grandfathered’’ specialty sured. for older facilities are frequently in ex- hospitals will be prohibited from in- An April 2003 report by the Govern- cess of 20 percent. creasing their total number of physi- ment Accountability Office (GAO) I am concerned that this focus on cian owners. Also, the bill caps each in- found that patients at specialty hos- profit may unduly influence physician dividual physician’s investment and pitals tended to be less sick than pa- decision-making on the part of some the aggregate physician investment in tients with the same diagnoses at gen- physicians. This is not good for the facility as of June 8, 2005. Grand- eral hospitals. The Centers for Medi- unsuspecting patients, the Medicare fathered specialty hospitals will not be care and Medicaid Services (CMS) re- program or taxpayers. Some physicians allowed to expand their scope of serv- ported in March its preliminary find- may choose where to send a patient ices. And finally, they will be prohib- ings that specialty hospitals generally based on whether or not they think ited from increasing their number of treat less severe cases than community that patient will profit their hospital. beds or operating rooms. I believe that hospitals. And, MedPAC reported that In addition, changes to the payment halting the growth in physician owner- physician-owned specialty hospitals system don’t prevent some physician- ship at existing specialty hospitals is treat patients who are less sick, and owners from selecting patients based the only way to prevent the inherent thus more profitable, and concentrate on their insurance. Specialty hospitals conflict of interest associated with on certain diagnosis-related groups would likely continue to treat few—if self-referral, and ensure that patients’ (DRGs) that are more profitable. any—poor or uninsured patients. interests are not compromised. In addition, approximately 93 percent MedPAC has found that specialty Now, I have heard from a number of of community hospitals operate emer- hospital hospitals treat far fewer Med- physician-owners on this issue and gency rooms, compared to less than icaid recipients than community hos- they have said to me that they invest half of specialty hospitals, thus treat- pitals in the same market—75 percent in these hospitals because it allows ing any and all patients who walk fewer for specialty heart hospitals, and them to have greater control over their through their doors. They also serve a 94 percent fewer for specialty ortho- workplace. It gives them a say in oper- much greater share of poor patients, pedic hospitals. In addition, CMS found ations, and more control over the qual- averaging 15 percent versus four per- that specialty hospitals provided only ity and cost of patient care. I believe cent for specialty heart hospitals and about 40 percent of the share of uncom- that certain coordinated care incentive one percent for specialty orthopedic pensated care that the local commu- arrangements have the potential to as- hospitals. When community hospitals nity hospitals provided. We now have sist physicians in doing just that. lose their profitable services, they 45 million uninsured Americans in our So this bill would provide an oppor- must shift costs to private patients to country, and I continue to be very con- tunity to better align physician and make up the difference. This then cerned about their health care. hospital financial incentives. It would means private employers may pay Congress has passed laws that, with allow physicians to share in hospital higher premiums—all so physician- very few exceptions, prevent physician savings achieved by re-engineering owned specialty hospitals can profit. physicians from referring Medicare and clinical care in the hospitals. These Specialty hospitals are able to take Medicaid patients to facilities in which well-designed and approved arrange- advantage of an outdated payment sys- they are owners. This was adopted in ments might include agreed-upon use tem. The current inpatient payment response to a number of studies that of certain medical devices or implants rates have not been recalibrated in found that physician-owners tended to for certain type of surgeries. Or per- over 20 years. This has resulted in cer- make more referrals to their facilities haps they would include improving op- tain patients and certain case types and order substantially more services erating room efficiency and scheduling. being significantly more profitable to at higher cost. Or they might include the adoption of treat than others. In fact, specialty One exception, however, is the clinical protocols or evidence-based heart hospitals have been found by ‘‘whole hospital’’ exception. The law medicine to standardize certain aspects MedPAC to treat Medicare patients allows physicians to invest in a ‘‘whole of the practice of medicine. who are 13 percent more profitable hospital’’ because it is believed that no While these arrangements have the than the average mix of patients. And particular referral would economically potential to improve patient care while at specialty surgical hospitals this advantage a specific physician owner. reducing hospital costs, I want to make number is 14 percent. Because the referrals would be diluted sure the patient—the Medicare bene- This bill would make corrections to across multiple services, there would ficiary—is protected. So, this bill the payment system so that certain not be a direct link to any one physi- would require the secretary to develop cases and patients are not significantly cian’s income. But specialty hospitals safeguards and monitor these coordi- more profitable or less profitable to are not really whole hospitals. In fact, nated care arrangements to make sure treat than others. While we believe the they are more like a hospital depart- that physicians are not profiting for in- secretary has the authority to make ment such as a cardiac unit or an or- creased referrals or for reducing qual- these payment changes, this bill will thopedic unit. Under current law, we ity care. direct CMS to do so beginning in 2007. believe that the secretary has the au- In summary, The Hospital Fair Com- This will improve payment accuracy thority to define what constitutes a petition Act would: for all hospitals, and will better reflect whole hospital, and we encourage CMS Improve the accuracy of Medicare in- the actual cost of delivering care. to determine whether specialty hos- patient payments by directing the sec- But Medicare payment changes are pitals meet this definition. The law retary to level the playing field by not enough. clearly states that it is illegal for phy- using estimated costs rather than I also have great concerns about the sicians to invest in hospital depart- charges in setting the DRG weights; inherent conflict of interest in physi- ments. calculating DRG weights at the hos- cian ownership. This interest in gam- This loophole in the law, the ‘‘whole pital level before aggregating them to ing the system may not be in the best hospital’’ exception, is being exploited. a national level; adjusting the DRG interest of the patient, and this is trou- The Hospital Fair Competition Act will weights to account for high cost

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9297 outlier payments, and ensuring that Some view specialty hospitals as in- were severe, compared with 8 percent the DRGs appropriately capture dif- novative, focused factories for high- in community hospitals. ferences in the severity of illness of pa- quality, specialized care. Advocates for Earlier this year, on March 8, tients. these facilities say that by focusing on MedPAC issued its MMA-mandated re- Allow existing specialty hospitals to a limited number of services, specialty port on specialty hospitals, and arrived continue operation under certain re- hospitals provide excellent care at a at findings similar to those of the GAO. strictions, especially regarding physi- good price, while adding competition MedPAC found that despite shorter cian investment. to the health care marketplace. lengths of stay, physician-owned spe- Close the ‘‘whole hospital’’ loophole Others say specialty hospitals flour- cialty hospitals are not more cost effi- by prohibiting new specialty hospitals ish because they exploit a Medicare cient than community hospitals. from having ownership or investment loophole allowing physician-owners to MedPAC found that specialty hospitals interest from physicians who refer select patients who are healthier and, tend to treat lower shares of Medicaid Medicare or Medicaid patients to the therefore, more profitable. patients than community hospitals. hospital, effective June 8, 2005. For my part, I don’t want to stand in And, just as GAO did, MedPAC found Allow physicians and hospitals to the way of innovation or competition. that specialty hospitals treat patients enter into certain coordinated care ar- For example, I’m glad that Congress who are generally less sick—and there- rangements where physicians could brought innovation to Medicare in the fore, more profitable—compared to share in savings experienced by a hos- form of outpatient drug benefits. That community hospitals. pital by implementing certain cost-re- was long overdue. And while the Department of Health duction efforts. And hospitals and physicians should and Human Services has not officially Establish safeguards to ensure that work together in innovative ways to issued its MMA-mandated report on coordinated care arrangements protect improve efficiency in health care. The the topic—but is expected to shortly— quality of care and minimize any im- U.S. spends twice as much—or more— HHS reported on March 8 that, based pact on physician referrals. per-person on health care compared to I urge all my colleagues to join Sen- on the small number of facilities it any other developed country. And yet, studied, specialty hospitals tend to ator BAUCUS and me in support of this our health outcomes are worse than very important bill. care for a healthier patient population Mr. BAUCUS. Mr. President, I rise theirs. We should get a better bang for than their community hospital coun- our health-care buck, and we can take today to join Chairman GRASSLEY in terparts. introducing the Hospital Fair Competi- steps to that end by encouraging qual- I believe the phenomenon of spe- tion Act of 2005. ity and accountability in health care. cialty hospitals treating healthier pa- This bill, based primarily on rec- That’s why I am pushing to advance tients is the result of a loophole in the ommendations of the Medicare Pay- incentives for quality improvement in Stark self-referral law. This loophole— ment Advisory Commission (MedPAC), Medicare, so patients—and taxpayers— related to the ‘‘whole hospital excep- will improve the accuracy of Medi- get the most for their money. I intro- tion’’—is one that should be closed. If care’s inpatient hospital prospective duced legislation last year to require it is not closed, Congress will effec- payment system (PPS); prevent the es- that Medicare pay dialysis providers tively sanction the practice of physi- tablishment of new specialty hospitals and Medicare managed care plans cian self-referral that has been prohib- to which physician-owners can self- based on the quality of care they pro- ited for years. refer, while allowing existing physi- vide. And I am working on legislation In 1989, the HHS Inspector General cian-owned specialty hospitals to con- to extend these principles of paying for reported that patients of referring phy- tinue with restrictions; and allow quality to other parts of Medicare. sicians who owned or invested in inde- ‘‘gainsharing’’ arrangements to foster As for competition, I’m all for it—as pendent clinical labs received 45% improved physician-hospital efficiency. long as it’s carried out on a level play- more lab services than Medicare pa- This legislation is important for pa- ing field. But when it comes to physi- tients in general. tients, taxpayers, and the Medicare cian ownership of specialty hospitals, In 1992, a study found that physical program, and I urge my colleagues to I’m not convinced the playing field is therapy visits per patient were 39% to support it. level. That’s because physicians alone 45% higher in facilities with physician About 17 months ago, Congress choose where patients go on the play- ownership compared to those without. passed the Medicare Modernization ing field—either to community hos- In short, the authors of the study found Act—the MMA. This 400-page bill in- pitals or specialty hospitals. Some that utilization and charges per-pa- cluded many important provisions, in- liken physician-owners of specialty tient were higher when facilities were cluding long-awaited outpatient drug hospitals to coaches who choose the owned by physicians with an ownership benefits under Medicare. starting lineup for both teams—in this interest. The MMA also included a small pro- case, the specialty hospital team and In response to these studies and oth- vision—Section 507—related to the con- the community hospital team. ers like them, Congress passed the struction of physician-owned specialty And for the third time, a Federal Stark laws, to prevent physician self- hospitals. These facilities specialize in agency has told us that the healthiest referral, first in the area of clinical cardiac, orthopedic or general surgical teams, that is, the most profitable pa- labs, and subsequently in 10 other care, and are partly- or wholly-owned tients, end up at physician-owned spe- areas, including physical therapy and by physicians. The provision was a re- cialty hospitals. certain imaging procedures. sponse to growing concerns over physi- In 2003, the non-partisan Government But the Stark laws did not address cian self-referral, and placed a morato- Accountability Office (GAO) reported the issue of physician self-referral to rium on the construction of new, physi- that, by and large, specialty hospitals specialty hospitals. In part, that’s be- cian-owned specialty hospitals, while care for relatively healthier patients cause there weren’t many specialty ‘‘grandfathering’’ existing facilities than their community hospital coun- hospitals at the time. As the GAO and those in development. terparts. GAO surveyed 25 specialty pointed out in its 2003 report, the vast Having reviewed several independent hospitals, and found that 21 of the 25 majority of specialty hospitals were analyses on this issue, I believe Con- had a less acute mix patients than built in 1992 or later. gress was right to place a moratorium community hospitals. GAO determined Instead, the Stark law included a on specialty hospital construction. And that of the hospitals studied, 17 percent provision that has come to be known as I also believe that moratorium should cardiac patients seen by specialty hos- the ‘‘whole hospital exception.’’ While effectively be extended permanently, pitals could be classified as severe the Stark law prohibits physicians while allowing existing facilities to cases, compared with 22 percent in gen- with ownership interest in only a hos- continue operating in their current ca- eral hospitals. And about 5 percent of pital department from referring pa- pacity. orthopedic cases in specialty hospitals tients to that department, the law does

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00153 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9298 CONGRESSIONAL RECORD—SENATE May 11, 2005 allow physicians to refer to a facility fact, MedPAC found that in about one- self-referral in specialty hospitals are they partially own, under two condi- third of specialty hospitals they sur- significant. And there is slim evidence tions. First, the physician must have veyed, the largest share owned by a that specialty hospitals provide better admitting privileges in that hospital. single physician was just two percent. care than community hospitals. Second, the physician must have a fi- And as a group, physicians own just Given this evidence, it’s clear that nancial interest in the ‘‘whole hos- over a third of the typical heart hos- Congress should not facilitate the con- pital,’’ not just a department of the pital. But MedPAC also pointed out struction of more physician-owned spe- hospital. that about one-third of orthopedic and cialty hospitals. And while we support As the GAO explained in 2003: surgical hospitals were owned almost ‘‘grandfathering’’ existing facilities, ‘‘The premise [of the whole hospital excep- entirely by their physicians. Perhaps let me make clear that we do not in- tion] is that any referral or decision made by more important, MedPAC showed that tend to create another grandfathering a physician who has a stake in an entire hos- even a relatively small ownership in- period if the legislation is not enacted pital would produce little personal economic terest can reap large profits for an in- before June 8, 2005. The intent of this gain because hospitals tend to provide a di- verse and large group of services. However, dividual physician investor. Page 21 of bill, even if it passes after June 8, is to the Stark law does prohibit physicians who MedPAC’s March report on specialty effectively make permanent the MMA- have ownership interest only in a hospital hospitals says: mandated moratorium. subdivision from referring patients to that What is the order of magnitude of physicians But this bill does more than simply subdivision. With respect to specialty hos- financial incentives to increase utilization prevent the establishment of new, phy- pitals, the concern exists that, as these hos- when they own a hospital? What follows is a sician-owned specialty hospitals. It pitals are usually much smaller in size and hypothetical example of the marginal profit also takes steps to mitigate ill incen- scope than general hospitals and closer in associated with a group of cardiologists each tives in the inpatient PPS, by making size to hospital departments, the exception referring just one additional patient (above to Stark could allow physician owners to in- the current patient load) for coronary artery the PPS more accurate for all pro- fluence their hospitals’—and therefore their bypass graft (CABG) surgery. In fiscal year viders of hospital care—community own financial gain through practice patterns 2002, the base payment for CABG surgery hospitals and ‘grandfathered’ specialty and referrals.’’ with cardiac catheterization (DRG 107) was hospitals alike. The problem with the ‘‘whole hos- roughly $24,000. Our examination of Medicare Medicare spends about $100 billion pital’’ loophole is that it treats a 10- cost reports and hospital financial state- per year on inpatient hospital services, bed surgical facility the same as a 500– ments suggests that variable costs equal ap- and it’s important that this system be proximately 60 percent of the DRG payment, bed community hospital, even though accurate. Accordingly, MedPAC rec- roughly $14,400. Hence the marginal profit— ommended a number of steps to im- that 10-bed facility more resembles a payments minus variable cost—would be department of the 500–bed hospital $9,600 per patient ($24,000–$14,400). If 10 cardi- prove the accuracy of the Medicare in- than it does the hospital itself. This ologists owned a 3 percent interest each and patient payment system. These rec- loophole is unfair, and our bill closes they all induced one additional surgery per ommendations should mitigate incen- it, by preventing the establishment of year, each cardiologist’s income would in- tives for all hospitals to choose healthy new specialty hospitals to which physi- crease by $2,880 ($9,600×3%×10).’’ patients over sick ones, and to focus on cian-owners can self-refer. In other words, even a small owner- some diagnoses at the expense of oth- Let me note that our bill does noth- ship share—just three percent—can ers. ing to prevent the construction of new provide a strong profit motive—and a Medicare pays hospitals for inpatient specialty hospitals—as long as self-re- strong incentive toward self-referral. services based on roughly 500 Diagnosis ferral is not part of the business model. Finally, let me address the third Related Groups (DRGs), which bundle Hospitals specializing in one type of claim that will likely be made against services needed to treat a patient with care or another have existed in this this bill—that it thwarts the provision a particular disease. DRGs cover most country for years, and should be en- of quality care. Specialty hospital ad- routine operating costs attributable to couraged—as long as their owners and vocates claim that due to the focused patient care, including routine nursing referrers are not one and the same. nature of their mission, physician- services, room and board, and diag- Opponents of this bill will likely owned specialty hospitals provide bet- nostic and ancillary services. Under make at least three claims. First, they ter quality and outcomes than their current law, just over five percent of will state that preventing the con- community hospital counterparts. But the base payment for all DRGs is set struction of new, physician-owned spe- recently the New England Journal of aside for inpatient outlier payments, cialty hospitals is anticompetitive. Medicine published a study showing even though some DRGs have almost Second, they will suggest that since that patients undergoing certain heart no outlier cases. The Hospital Fair the average physician-owner’s share in procedures in specialty hospitals were Competition Act directs the Secretary a specialty hospital is small, economic less likely to have coexisting condi- to adjust the DRG relative weights to incentives to self-refer are minimal. tions than those being treated at gen- account for differences in the preva- Third, they will claim the bill thwarts eral hospitals. The authors of the study lence of high-cost outlier cases, there- health care quality. Let me take these stated, ‘‘. . . given that we found no by removing their disproportionate im- claims in turn. significant differences in outcomes be- pact on the payment system. As I stated previously, I am all for tween specialty and general hospitals The bill also improves accuracy of competition—as long as it’s fair. But I with similar volumes or between spe- the DRG weights. Currently DRG don’t think it’s fair to further a system cialty cardiac hospitals and specialized weights are based on the national aver- in which physician-owners can send general hospitals, it could be argued age of hospital charges for a particular healthier and more profitable patients that the specialty-hospital model itself DRG. The rate of growth for these to facilities they own, while sending does not yield better outcomes.’’ They charges may vary dramatically, de- sicker, less-profitable ones to hospitals also said, ‘‘. . . our study provides no pending on the service. For example, they don’t own. There’s a reason Con- definitive evidence that cardiac spe- MedPAC has found that hospital mark- gress acted to mitigate the effects of cialty hospitals provide better or more ups for ancillary services (e.g., sup- physician self referral over 15 years efficient care than general hospitals plies, operating room time) tend to be ago, and I see no reason why that prin- with similar procedural volumes.’’ higher than those of routine services ciple should not be extended to the spe- In short, there is solid evidence that (e.g., room and board, nursing care). As cialty hospital setting. despite being less efficient, physician- these ancillary and routine charges On the issue of economic incentives, owned specialty hospitals care for grow at different rates, the DRGs re- some argue that physician self-referral healthier, more-profitable patients, flect that growth, gradually skewing to specialty hospitals is a non-issue, leaving community hospitals to care the system away from the true costs of since physicians typically own a very for sicker, less-profitable ones. Eco- providing care. In short, a charge-based small share of a particular facility. In nomic incentives toward physician system causes Medicare to pay too

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9299 much for some services, not enough for about Medicare’s finances and the re- an effort to resolve their respective others. The Hospital Fair Competition tirement of the Baby Boom generation rights and claims to the land. Act directs the Secretary to substitute that will complicate the long-term fi- In 1974, Congress enacted the Navajo- the charge-based system with one nancial picture of the program. Hopi Land Settlement Act which estab- based on hospitals’ costs, as well as Given these warnings, it’s imperative lished Navajo and Hopi negotiating base the DRG weights on the national that we make the most of the resources teams under the auspices of a Federal average of hospitals’ relative values in at hand, and—where possible—make mediator to negotiate a settlement to each DRG. Medicare a better more responsible the 1882 reservation land dispute. The Mind you, we believe that the Sec- buyer of health care. By leveling the act also authorized the tribes to file retary currently has the authority to playing field regarding patient refer- suit in Federal court to quiet title the make the payment changes outlined rals; improving the accuracy of Medi- 1934 reservation and to file claims for above. The Hospital Fair Competition care’s inpatient hospital payments; and damages arising out of the dispute Act simply directs the Secretary to do giving physicians a larger stake in against each other or the United so. We also believe the Secretary has their hospital workplaces, this bill States. The act also established a three the authority to promulgate regula- stands to do that. member Navajo-Hopi Indian Relocation tions defining what a ‘‘whole hospital’’ Chairman GRASSLEY and I believe Commission to oversee the relocation is. When Congress passed the ‘‘whole these changes will go a long way to- of members of the Navajo Nation who hospital exception’’, it did not intend ward improving much of what ails hos- were living on lands partitioned to the to allow self-referral to facilities that pital payment under Medicare, and we Hopi Tribe and members of the Hopi are effectively the equivalent of a hos- urge our colleagues’ support for this Tribe who were living on lands parti- pital wing or department. We believe important legislation. tioned to the Navajo Nation. Since its establishment, the relocation program the Secretary can and should exercise has been an extremely difficult and his authority to close the ‘‘whole hos- By Mr. MCCAIN: S. 1003. A bill to amend the Act of contentious process. pital’’ loophole by regulation. When this program was first estab- Mr. President, some say that the pro- December 22, 1974, and for other pur- lished, the estimated cost of providing liferation of physician-owned specialty poses; to the Committee on Indian Af- fairs. relocation benefits to approximately hospitals is a function of physicians’ 6,000 Navajos estimated eligible for re- desire for control over their workplace. Mr. MCCAIN. Mr. President, today I am introducing legislation to amend location was roughly $40 million. These They argue that physicians typically figures woefully underestimated the have no say in day-to-day hospital op- the Navajo-Hopi Land Settlement Act of 1974 in order to bring the relocation number of families impacted by reloca- erations, and thus little incentive to tion and the tremendous delays that process to an orderly conclusion. I look improve the quality or efficiency of the have plagued this program. By 1996, the forward to working with all affected care they provide in the hospital. United States had expended over $350 parties on this bill and will work with MedPAC’s recommendations for million to relocate more than 11,000 them to ensure it takes into account ‘‘gainsharing’’ stand to alleviate some Navajo and Hopi tribal members. At their views. This bill will phase out the of that concern, by giving physicians that time, there remained over 640 eli- Navajo-Hopi relocation program by more control over their workplace. gible families who had never received September 30, 2008, and at that time Gainsharing arrangements allow phy- relocation benefits and an additional 50 transfer all remaining responsibilities sicians and hospitals to improve hos- to 100 families who had never applied pital efficiency without the undesir- to the Secretary of the Interior. It pro- for relocation benefits. There were also able effects of physician self-referral. vides a time certain for eligible Navajo over 130 eligibility appeals pending. In a gainsharing arrangement, hos- and Hopi individuals to apply for and Without question, the funding for this pitals and physicians share cost-sav- receive relocation benefits and after settlement has far exceeded the origi- ings gained by means such as stream- that time the Federal Government will nal cost estimates by more than 1000 lining the purchase of medical devices, no longer be obligated to provide re- percent. Since 1975, Congress has ap- substituting less-costly items used in placement homes for those individuals. propriated over $440 million for this surgical procedures, and maximizing Under this legislation, the funds that program. operating room efficiency. While would have been used to provide re- At its inception, the relocation pro- gainsharing arrangements must be de- placement homes to such individuals gram was intended to be a temporary veloped carefully so as not to com- will be held in trust by the Secretary program that was established to fulfill promise quality of patient care, gain for distribution to the individual or a specific mission and we cannot con- sharing has the potential to align phy- their heirs. tinue to fund it with no end in sight. sician-hospital incentives so that care The Navajo-Hopi Land Settlement Moreover, I am convinced that our cur- can be delivered in the most cost-effec- Act of 1974 was enacted to resolve long- rent Federal budgetary pressures re- tive manner. standing disputes that have divided the quire us to ensure that the Navajo- I realize that gainsharing arrange- Navajo and Hopi Indian Tribes for over Hopi relocation housing program is ments are not a panacea toward im- a century. The origins of this dispute brought to an orderly and certain con- proving physician-hospital relations. can be traced directly to the creation clusion. It is for that reason that I am We can and should do more to give pro- of the 1882 reservation for the Hopi introducing the Navajo-Hopi Land Set- viders of all types a better stake in im- Tribe and the subsequent creation of tlement Act Amendments of 2005. This proving their workplace and the qual- the 1934 Navajo Reservation. At the legislation will phase out the Navajo- ity of care they provide. That’s why I time these reservations were estab- Hopi Indian relocation program by Sep- am pushing initiatives to tie Medicare lished, Navajo families lived within the tember 30, 2008, and transfer the re- payment to quality, so that—unlike lands set aside for the Hopi Tribe and maining responsibilities under the act the current system—the best providers Hopi families lived within lands set to the Secretary of the Interior. Under are not paid the same rates as medi- aside for the Navajo Nation and ten- the bill, the relocation commissioner ocre ones. This system of paying for sions between the two tribes continued shall transfer to the Secretary such quality stands to improve account- to heighten. In 1958 Congress, in an ef- funds as are necessary to construct re- ability across the spectrum of Medi- fort to resolve this dispute, passed leg- placement homes for any eligible head care provider types, and give both pa- islation that authorized the tribes to of household who has left the Hopi par- tients and the government more for file suit in Federal court to quiet title titioned land but who has not received their money. the 1882 reservation and to their re- a replacement home by September 30, We all know that Medicare’s long- spective claims and rights. That legis- 2008. These funds will be held in trust term fiscal future is much in doubt. lation gave rise to over 35 years of con- by the Secretary of the Interior for dis- Hardly a day passes without a warning tinuous litigation between the tribes in tribution to such individual or their

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00155 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9300 CONGRESSIONAL RECORD—SENATE May 11, 2005 heirs. In addition, the bill includes pro- Sec. 124. Attorney fees and court costs. recipient of the parcel compensation in an visions establishing an expedited pro- Sec. 125. Lobbying. amount equal to the difference between— cedure for handling appeals of final eli- Sec. 126. Navajo Rehabilitation Trust Fund. ‘‘(A) the decreased value of the parcel; and Sec. 127. Availability of funds for relocation ‘‘(B) the value of the fully restored par- gibility determinations. assistance. This bill is similar to the legislation cel.’’; (2) by striking ‘‘(g) Any’’ and inserting the I introduced during the 104th Congress. TITLE II—PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCA- following: S. 1111 proposed to phase out the relo- TION ‘‘(b) LICENSE FEES AND RENTS.—Any’’; and cation program by September 2001. A Sec. 201. Retention preference. (3) by striking ‘‘(h) Any’’ and inserting the hearing was held on that bill and com- Sec. 202. Separation pay. following: ments were received from the affected Sec. 203. Federal retirement. ‘‘(c) GRAZING AND AGRICULTURAL USE.— Any’’. parties. At that time, many of the wit- TITLE III—TRANSFER OF FUNCTIONS SEC. 103. JOINT OWNERSHIP OF MINERALS. nesses stated that with limited excep- AND SAVINGS PROVISIONS tion, the program could come to a reso- Section 7 of the Act of December 22, 1974 Sec. 301. Definitions. (25 U.S.C. 640d–6) is amended— lution under the time line proposed in Sec. 302. Transfer of functions. (1) by striking ‘‘SEC. 7. Partition’’ and in- S. 1111. Opposition to passing the legis- Sec. 303. Transfer and allocations of appro- serting the following: priations. lation was based in part on the incom- ‘‘SEC. 3. JOINT OWNERSHIP OF MINERALS. Sec. 304. Effect of title. plete process of approval of the accom- ‘‘(a) IN GENERAL.—Partition’’; and modation lease agreements between TITLE I—AMENDMENTS TO THE ACT OF (2) in the second sentence, by striking the Hopi Tribe and individual Navajos DECEMBER 22, 1974 ‘‘All’’ and inserting the following: who were still living on the Hopi parti- SEC. 101. REPEAL OF SECTIONS. ‘‘(b) JOINT MANAGEMENT.—All’’. tioned lands. That action has since oc- (a) IN GENERAL.—The Act of December 22, SEC. 104. ACTIONS. curred and the Commission has had 1974 (25 U.S.C. 640d et seq.) is amended in the Section 8 of the Act of December 22, 1974 eight additional years to conclude its first undesignated section by striking ‘‘That, (25 U.S.C. 640d–7) is amended— (a) within’’ and all that follows through the responsibilities. Therefore, it is now (1) by striking ‘‘SEC. 8. (a) Either Tribe’’ end of the section. and inserting the following: time for the Congress to act to bring (b) ADDITIONAL REPEALS.—Sections 2 ‘‘SEC. 4. ACTIONS. the long and difficult process of reloca- through 5 and sections 26 and 30 of the Act of ‘‘(a) ACTIONS IN DISTRICT COURT.—Either tion to an orderly conclusion. December 22, 1974 (25 U.S.C. 640d–1 through Tribe’’; I ask unanimous consent that the 640d–4; 88 Stat. 1723; 25 U.S.C. 640d–28) are re- (2) in subsection (b)— full text of the bill be printed in the pealed. (A) in the first sentence, by striking ‘‘(b) RECORD. SEC. 102. DEFINITIONS; DIVISION OF LAND. Lands, if any,’’ and inserting the following: There being no objection, the bill was Section 6 of the Act of December 22, 1974 ‘‘(b) ALLOCATION OF LAND.— ordered to be printed in the RECORD, as (25 U.S.C. 640d–5) is amended— ‘‘(1) NAVAJO RESERVATION.—Any land’’; follows: (1) by striking ‘‘SEC. 6. The Mediator’’ and (B) in the second sentence, by striking all that follows through subsection (f) and ‘‘Lands, if any,’’ and inserting the following: S. 1003 inserting the following: ‘‘(2) HOPI RESERVATION.—Any land’’; and Be it enacted by the Senate and House of Rep- ‘‘SECTION 1. DEFINITIONS. (C) in the third sentence, by striking ‘‘Any resentatives of the United States of America in lands’’ and inserting the following: Congress assembled, ‘‘In this Act: ‘‘(1) DISTRICT COURT.—The term ‘District ‘‘(3) JOINT AND UNDIVIDED INTERESTS.—Any SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Court’ means the United States District land’’; (a) SHORT TITLE.—This Act may be cited as Court for the District of Arizona. (3) in subsection (c)— the ‘‘Navajo-Hopi Land Settlement Amend- ‘‘(2) SECRETARY.—The term ‘Secretary’ (A) by striking ‘‘(c)(1) Either’’ and insert- ments of 2005’’. means the Secretary of the Interior. ing the following: (b) TABLE OF CONTENTS.—The table of con- ‘‘(c) EXCHANGE OF LAND.— tents of this Act is as follows: ‘‘(3) TRIBE.—The term ‘Tribe’ means— ‘‘(A) the Navajo Indian Tribe; and ‘‘(1) IN GENERAL.—Either’’; Sec. 1. Short title; table of contents. ‘‘(B) the Hopi Indian Tribe. (B) in paragraph (2), by striking ‘‘(2) In the TITLE I—AMENDMENTS TO THE NAVAJO- event’’ and inserting the following: ‘‘SEC. 2. DIVISION OF LAND. HOPI LAND SETTLEMENT ACT OF 1974 ‘‘(2) INTERESTS OF TRIBES.—If’’; ‘‘(a) DIVISION.— (C) in paragraph (3), by striking ‘‘(3) Nei- Sec. 101. Repeal of sections. ‘‘(1) IN GENERAL.—The land located within ther’’ and inserting the following: Sec. 102. Definitions; division of land. the boundaries of the reservation established Sec. 103. Joint ownership of minerals. ‘‘(3) DEFENSE.—Neither’’; and by Executive order on December 16, 1982, Sec. 104. Actions. (D) by striking ‘‘section 18’’ each place it shall be divided into parcels of equal acreage Sec. 105. Paiute Indian allotments. appears and inserting ‘‘section 14’’; and quality— Sec. 106. Partitioned and other designated (4) in subsection (d), by striking ‘‘(d) Noth- ‘‘(A) to the maximum extent practicable; land. ing’’ and inserting the following: and Sec. 107. Resettlement land for Navajo ‘‘(d) EFFECT OF SECTION.—Nothing’’; ‘‘(B) in accordance with the final order Tribe. (5) in subsection (e), by striking ‘‘(e) The’’ issued by the District Court on August 30, Sec. 108. Office of Navajo and Hopi Indian and inserting the following: 1978 (providing for the partition of the sur- Relocation. ‘‘(e) PAYMENT OF LEGAL FEES, COURT Sec. 109. Report. face rights and interest of the Tribes). COSTS, AND OTHER EXPENSES.—The’’; and Sec. 110. Relocation of households and mem- ‘‘(2) VALUATION OF PARCELS.—For the pur- (6) by striking subsection (f). bers. pose of calculating the value of a parcel pro- Sec. 111. Relocation housing. duced by a division under paragraph (1), the SEC. 105. PAIUTE INDIAN ALLOTMENTS. Sec. 112. Payment for use of land. Secretary shall— Section 9 of the Act of December 22, 1974 Sec. 113. Effect of Act. ‘‘(A) take into account any improvement (25 U.S.C. 640d–8) is amended by striking Sec. 114. Actions for accounting, fair value on the land; and ‘‘SEC. 9. Notwithstanding’’ and inserting the of grazing, and claims for dam- ‘‘(B) consider the grazing capacity of the following: ages to land. land to be fully restored. ‘‘SEC. 5. PAIUTE INDIAN ALLOTMENTS. Sec. 115. Joint use. ‘‘(3) COMPENSATION BY TRIBES.—If the parti- ‘‘Notwithstanding’’. Sec. 116. Religious ceremonies; piping of tion under paragraph (1) results in parcels of SEC. 106. PARTITIONED AND OTHER DESIGNATED water. unequal value, as determined by the Sec- LAND. Sec. 117. Access to religious shrines. Section 10 of the Act of December 22, 1974 Sec. 118. Exclusion of payments from certain retary, the Tribe that receives the more val- (25 U.S.C. 640d–9) is amended— Federal determinations of in- uable parcel shall pay to the other Tribe (1) by striking ‘‘SEC. 10. (a) Subject’’ and come. compensation in an amount equal to the dif- Sec. 119. Authorization of exchange. ference in the values of the parcels, as deter- inserting the following: Sec. 120. Severability. mined by the Secretary. ‘‘SEC. 6. PARTITIONED AND OTHER DESIGNATED Sec. 121. Authorization of appropriations. ‘‘(4) COMPENSATION BY FEDERAL GOVERN- LAND. Sec. 122. Funding and construction of high MENT.—If the District Court determines that ‘‘(a) NAVAJO TRUST LAND.—Subject’’; school and medical center. the failure of the Federal Government to ful- (2) in subsection (a), by striking ‘‘section 9 Sec. 123. Environmental impact; wilderness fill an obligation of the Government de- and subsection (a) of section 17’’ and insert- study; cancellation of leases creased the value of a parcel under para- ing ‘‘sections 5 and 13(a)’’; and permits. graph (1), the Government shall pay to the (3) in subsection (b)—

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9301 (A) by striking ‘‘(b) Subject’’ and inserting (D) in the fourth sentence, by striking (1) by striking ‘‘(f)(1) For’’ and inserting the following: ‘‘The leaseholders rights and interests’’ and the following: ‘‘(b) HOPI TRUST LAND.—Subject’’; inserting the following: ‘‘(f) ACQUISITION OF TITLE TO SURFACE AND (B) by striking ‘‘section 9 and subsection ‘‘(iii) RIGHTS AND INTERESTS OF LEASE- SUBSURFACE INTERESTS.— (a) of section 17’’ and inserting ‘‘sections 5 HOLDERS.—The rights and interests of a hold- ‘‘(1) IN GENERAL.—For’’; and 13(a)’’; er of a lease described in clause (i)’’; and (2) in paragraph (2), by striking ‘‘(2) If’’ and (C) by striking ‘‘section 3 or 4’’ and insert- (E) in the fifth sentence, by striking ‘‘If inserting the following: ing ‘‘section 1’’; and any’’ and inserting the following: ‘‘(2) PUBLIC NOTICE; REPORT.—If’’; and (D) by striking ‘‘section 8’’ and inserting ‘‘(C) CLAIMS UNDER MINING LAW.—If any’’; (3) in paragraph (3), by striking ‘‘(3) In any ‘‘section 4’’; (6) by inserting after paragraph (1)(B) (as case where’’ and inserting the following: (4) in subsection (c)— redesignated by paragraph (4)) the following: ‘‘(3) RIGHTS OF SUBSURFACE OWNERS.—If’’. (A) by striking ‘‘(c) The’’ and inserting the ‘‘(2) EXCHANGE OF LAND.— (g) LAND NOT AVAILABLE FOR TRANSFER.— following: ‘‘(A) IN GENERAL.—In order to facilitate a Section 11(g) of the Act of December 22, 1974 ‘‘(c) PROTECTION OF RIGHTS AND PROP- transfer of land under paragraph (1)(A), the (25 U.S.C. 640d–10(g)) is amended by striking ERTY.—The’’; and Secretary may exchange land described in ‘‘(g) No’’ and inserting the following: (B) by striking ‘‘pursuant thereto’’ and all paragraph (1)(A) for State or private land of ‘‘(g) LAND NOT AVAILABLE FOR TRANSFER.— that follows through the end of the sub- equal value. No’’. section and inserting ‘‘pursuant to this Act’’; ‘‘(B) UNEQUAL VALUE.—If the State or pri- (h) ADMINISTRATION OF LAND TRANSFERRED (5) in subsection (d), by striking ‘‘(d) With’’ vate land described in subparagraph (A) is of OR ACQUIRED.—Section 11(h) of the Act of De- and inserting the following: unequal value to the land described in para- cember 22, 1974 (25 U.S.C. 640d–10(h)) is amended— ‘‘(d) PROTECTION OF BENEFITS AND SERV- graph (1)(A), the recipient of the land that is (1) by striking ‘‘(h) The lands’’ and insert- ICES.—With’’; and of greater value shall pay to the other party (6) in subsection (e)— to the exchange under subparagraph (A) ing the following: (A) by striking ‘‘(e)(1) Lands’’ and insert- compensation in an amount not to exceed ‘‘(h) ADMINISTRATION OF LAND TRANS- ing the following: the lesser of— FERRED OR ACQUIRED.— ‘‘(i) the difference between the values of ‘‘(1) IN GENERAL.—The land’’; and ‘‘(e) TRIBAL JURISDICTION OVER PARTI- the land exchanged; or (2) by adding at the end the following: TIONED LAND.— ‘‘(ii) the amount that is 25 percent of the ‘‘(2) RELOCATION.— ‘‘(1) IN GENERAL.—Land’’; ‘‘(A) IN GENERAL.—In order to facilitate re- (B) by adjusting the margins of subpara- total value of the land transferred from the location of a member of a Tribe, the Com- graphs (A) and (B) of paragraph (1) appro- Secretary to the Navajo Tribe. missioner may grant a homesite lease on priately; and ‘‘(C) RESPONSIBILITY OF SECRETARY.—The land acquired under this section to a member (C) in the matter following subparagraph Secretary shall ensure that the amount of a of the extended family of a Navajo Indian (B)— payment under subparagraph (B) is as mini- who is certified as eligible to receive benefits (i) by striking ‘‘The provisions’’ and insert- mal as practicable. under this Act. ing the following: ‘‘(3) TITLE TO LAND ACCEPTED.—The Sec- retary shall accept title to land under para- ‘‘(B) EXCEPTION.—The Commissioner may ‘‘(2) RESPONSIBILITY OF SECRETARY.—The not use any funds available to the Commis- provisions’’; and graph (1)(B) on behalf of the United States in sioner to carry out this Act to provide hous- (ii) by striking ‘‘life tenants and’’. trust for the benefit of the Navajo Tribe as a part of the Navajo reservation.’’; and ing to an extended family member described SEC. 107. RESETTLEMENT LAND FOR NAVAJO (7) in the second paragraph designated as in subparagraph (A).’’. TRIBE. paragraph (2)— (i) NEGOTIATIONS REGARDING LAND EX- (a) IN GENERAL.—Section 11(a) of the Act of (A) in the first sentence— CHANGES AND LEASES.—Section 11(i) of the December 22, 1974 (25 U.S.C. 640d–10(a)) is (i) by striking ‘‘(2) Those’’ and inserting Act of December 22, 1974 (25 U.S.C. 640d–10(i)) amended— the following: is amended— (1) by striking ‘‘SEC. 11. (a) The Secretary’’ ‘‘(5) STATE RIGHTS.— (1) by striking ‘‘(i) The’’ and inserting the and inserting the following: ‘‘(A) IN GENERAL.—The’’; and following: ‘‘SEC. 7. RESETTLEMENT LAND FOR NAVAJO (ii) by striking ‘‘subsection 2 of this sec- ‘‘(i) NEGOTIATIONS REGARDING LAND EX- TRIBE. tion’’ and inserting ‘‘paragraph (1)(B)’’; and CHANGES AND LEASES.—The’’; and ‘‘(a) TRANSFER OF LAND.— (B) in the second sentence, by striking (2) by striking ‘‘section 23’’ and inserting ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘The’’ and inserting the following: ‘‘section 19’’. (2) by striking ‘‘(1) transfer not to exceed ‘‘(B) STATE INTERESTS.—The’’. SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN two hundred and fifty thousand acres of (b) PROXIMITY OF LAND; EXCHANGES OF RELOCATION. lands’’ and inserting the following: LAND.—Section 11(b) of the Act of December Section 12 of the Act of December 22, 1974 ‘‘(A) transfer not more than 250,000 acres of 22, 1974 (25 U.S.C. 640d–10(b)) is amended by (25 U.S.C. 640d–11) is amended— land’’; striking ‘‘(b) A border’’ and inserting the fol- (1) by striking ‘‘SEC. 12. (a) There is here- (3) by striking ‘‘Tribe: Provided, That’’ and lowing: by’’ and inserting the following: all that follows through ‘‘as possible.’’ and ‘‘(b) PROXIMITY OF LAND TO BE TRANS- ‘‘SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN inserting ‘‘Tribe; and’’; FERRED OR ACQUIRED.—A border’’. RELOCATION. (4) in the first paragraph designated as (c) SELECTION OF LAND.—Section 11(c) of ‘‘(a) ESTABLISHMENT.—There is’’; paragraph (2)— the Act of December 22, 1974 (25 U.S.C. 640d– (2) in subsection (b), by striking ‘‘(b) The’’ (A) by striking ‘‘(2) on behalf’’ and insert- 10(c)) is amended— and inserting the following: ing the following: (1) by striking ‘‘(c) Lands’’ and inserting ‘‘(b) APPOINTMENT.—The’’; ‘‘(B) on behalf’’; and the following: (3) in subsection (c)— (B) by striking the second sentence; ‘‘(c) SELECTION OF LAND TO BE TRANS- (A) by striking ‘‘(c)(1)(A) Except’’ and in- (5) in the matter following paragraph (1)(B) FERRED OR ACQUIRED.—Land’’; and serting the following: (as redesignated by paragraph (4))— (2) by striking the period at the end and in- ‘‘(c) CONTINUATION OF POWERS.— (A) in the first sentence— serting the following: ‘‘: Provided further, ‘‘(1) POWERS AND DUTIES OF COMMISSIONER; (i) by striking ‘‘Subject to’’ and all that That the authority of the Commissioner to EXISTING FUNDS.— follows through ‘‘all rights’’ and inserting select lands under this subsection shall ter- ‘‘(A) POWERS AND DUTIES OF COMMIS- the following: minate on September 30, 2008.’’. SIONER.—Except’’; ‘‘(4) REQUIREMENTS OF TRANSFER.— (d) REPORTS.—Section 11(d) of the Act of (B) in paragraph (1)(B), by striking ‘‘(B) ‘‘(A) IN GENERAL.—Subject to this para- December 22, 1974 (25 U.S.C. 640d–10(d)) is All’’ and inserting the following: graph, all rights’’; and amended by striking ‘‘(d) The’’ and inserting ‘‘(B) EXISTING FUNDS.—All’’; and (ii) by striking ‘‘paragraph (1)’’ and insert- the following: (C) in paragraph (2), by striking ‘‘(2) There ing ‘‘paragraph (1)(A)’’; ‘‘(d) REPORTS.—The’’. are hereby’’ and inserting the following: (B) in the second sentence, by striking ‘‘So (e) PAYMENTS.—Section 11(e) of the Act of ‘‘(2) TRANSFER OF POWERS.—There are’’; long as’’ and inserting the following: December 22, 1974 (25 U.S.C. 640d–10(e)) is (4) in subsection (d)— ‘‘(B) COAL LEASE APPLICATIONS.— amended by striking ‘‘(e) Payments’’ and in- (A) by striking ‘‘(d)(1) Subject’’ and insert- ‘‘(i) IN GENERAL.—If’’; serting the following: ing the following: (C) in the third sentence, by striking ‘‘If ‘‘(e) PAYMENTS.—Payments’’. ‘‘(d) POWERS OF COMMISSIONER.— such adjudication’’ and inserting the fol- (f) ACQUISITION OF TITLE TO SURFACE AND ‘‘(1) IN GENERAL.—Subject’’; lowing: SUBSURFACE INTERESTS.—Section 11(f) of the (B) by adjusting the margins of subpara- ‘‘(ii) ISSUANCE OF LEASES.—If an adjudica- Act of December 22, 1974 (25 U.S.C. 640d–10(f)) graphs (A) and (B) of paragraph (1) appro- tion under clause (i)’’; is amended— priately;

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9302 CONGRESSIONAL RECORD—SENATE May 11, 2005 (C) in paragraph (2), by striking ‘‘(2) The’’ (B) by striking the second sentence; (D) by striking ‘‘(3) Should’’ and inserting and inserting the following: (C) in the third sentence, by striking ‘‘No the following: ‘‘(2) CONTRACTS.—The’’; and further’’ and inserting the following: ‘‘(3) FAILURE TO ARRANGE RELOCATION.— (D) in paragraph (3), by striking ‘‘(3) ‘‘(2) SETTLEMENTS OF NAVAJO.—No fur- Should’’; There’’ and inserting the following: ther’’; (6) in subsection (e)— ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (D) in the fourth sentence, by striking ‘‘No (A) by striking ‘‘(e) The’’ and inserting the There’’; further’’ and inserting the following: following: (5) in subsection (e)— ‘‘(3) SETTLEMENTS OF HOPI.—No further’’; ‘‘(e) DISPOSAL OF ACQUIRED DWELLINGS AND (A) by striking ‘‘(e)(1)’’ and inserting the and IMPROVEMENTS.—The’’; following: (E) in the fifth sentence, by striking ‘‘No (B) by striking ‘‘section 8’’ and inserting ‘‘(e) ADMINISTRATION.— individual’’ and inserting the following: ‘‘section 4’’; and ‘‘(1) ADMINISTRATIVE, FISCAL, AND HOUSE- ‘‘(4) GRAZING.—No individual’’; (C) by striking ‘‘section 3 or 4’’ and insert- KEEPING SERVICES.— (3) in subsection (b)— ing ‘‘section 1’’; (B) in paragraph (1)— (A) by striking ‘‘(b) In addition’’ and in- (7) in subsection (f), by striking ‘‘(f) Not- (i) in the first sentence, by striking ‘‘The’’ serting the following: withstanding’’ and inserting the following: and inserting the following: ‘‘(b) ADDITIONAL PAYMENTS TO HEADS OF ‘‘(f) PREFERENTIAL TREATMENT.—Notwith- ‘‘(A) IN GENERAL.—The’’; and HOUSEHOLDS—In addition’’; standing’’; and (ii) in the second sentence, by striking ‘‘In (B) by striking ‘‘section 15’’ and inserting (8) by striking subsection (g) and inserting any’’ and inserting the following: ‘‘section 11’’; and the following: ‘‘(B) ASSISTANCE FROM DEPARTMENTS AND (C) by striking ‘‘section 13’’ and inserting ‘‘(g) BENEFITS HELD IN TRUST.— AGENCIES.—In any’’; and ‘‘section 9’’; ‘‘(1) IN GENERAL.—Not later than Sep- (C) in paragraph (2), by striking ‘‘(2) On’’ (4) in subsection (c), by striking ‘‘(c) No’’ tember 30, 2008, the Commissioner shall no- and inserting the following: and inserting the following: tify the Secretary of the identity of any head ‘‘(2) FAILURE TO PROVIDE ASSISTANCE.—On’’; ‘‘(c) PAYMENTS FOR PERSONS MOVING AFTER of household that, as of that date— (6) by striking subsection (f) and inserting A CERTAIN DATE.—No’’; and ‘‘(A) is certified as eligible to receive bene- the following: (5) by adding at the end the following: fits under this Act; ‘‘(f) TERMINATION.— ‘‘(d) PROHIBITION.—No payment for benefits ‘‘(B) does not reside on land that has been ‘‘(1) IN GENERAL.—The Office of Navajo and under this Act may be made to any head of partitioned to the Tribe of which the head of Hopi Indian Relocation shall terminate on a household if, as of September 30, 2005, that household is a member; and September 30, 2008. head of household has not been certified as ‘‘(C) has not received a replacement home. ‘‘(2) TRANSFER OF OFFICE DUTIES.—On the eligible to receive the payment.’’. RANSFER OF FUNDS.—Not later than date of termination of the Office, any duty of ‘‘(2) T the Office that has not been carried out, as SEC. 111. RELOCATION HOUSING. September 30, 2008, the Commissioner shall determined in accordance with this Act, Section 15 of the Act of December 22, 1974 transfer to the Secretary any funds not used shall be transferred to the Secretary in ac- (25 U.S.C. 640d–14) is amended— by the Commissioner to make payments cordance with title III of the Navajo-Hopi (1) by striking ‘‘SEC. 15. (a)’’ and inserting under this Act to eligible heads of house- Land Settlement Amendments of 2005.’’; and the following: holds. (7) by adding at the end the following: ‘‘SEC. 11. RELOCATION HOUSING. ‘‘(3) DISPOSITION OF TRANSFERRED FUNDS.— ‘‘(g) OFFICE OF RELOCATION.— ‘‘(a) PURCHASE OF HABITATION AND IM- ‘‘(A) IN GENERAL.—The Secretary shall hold ‘‘(1) ESTABLISHMENT.—Effective on October PROVEMENTS.—’’; any funds transferred under paragraph (2) in 1, 2006, there is established in the Depart- (2) in subsection (a)— trust for the heads of households described in ment of the Interior an Office of Relocation. (A) in the first sentence, by striking ‘‘The paragraph (1)(A). ‘‘(2) DUTIES.—The Secretary, acting Commission’’ and inserting the following: ‘‘(B) PAYMENT AMOUNTS.—Of the funds held through the Office of Relocation, shall carry ‘‘(1) IN GENERAL.—The Commission’’; and in trust under subparagraph (A), the Sec- out the duties of the Office of Navajo and (B) in the second sentence— retary shall make payments to heads of Hopi Indian Relocation that are transferred (i) by striking ‘‘The purchase’’ and insert- households described in paragraph (1)(A) in to the Secretary in accordance with title III ing the following: amounts that would have been made to the of the Navajo-Hopi Land Settlement Amend- ‘‘(2) PURCHASE PRICE.—The purchase’’; and heads of households under this Act before ments of 2005. (ii) by striking ‘‘as determined under September 30, 2008— ‘‘(3) TERMINATION.—The Office of Reloca- clause (2) of subsection (b) of section 13’’; ‘‘(i) on receipt of a request of a head of tion shall terminate on the date on which (3) in subsection (b)— household, to be used for a replacement the Secretary determines that the duties of (A) by striking ‘‘(b) In addition’’ and in- home; or the Office have been carried out.’’. serting the following: ‘‘(ii) on the date of death of the head of SEC. 109. REPORT. ‘‘(b) REIMBURSEMENT FOR MOVING EXPENSES household, if the head of household does not Section 13 of the Act of December 22, 1974 AND PAYMENT FOR REPLACEMENT DWELLING.— make a request under clause (i), in accord- (25 U.S.C. 640d–12) is amended— In addition’’; ance with subparagraph (C). (1) by striking ‘‘SEC. 13. (a) By no’’ and in- (B) by striking ‘‘shall:’’ and inserting ‘‘(C) DISTRIBUTION OF FUNDS ON DEATH OF serting the following: ‘‘shall—’’; and HEAD OF HOUSEHOLD.—If the Secretary holds ‘‘SEC. 9. REPORT. (C) in paragraph (1), by inserting ‘‘and’’ funds in trust under this paragraph for a head of household described in paragraph ‘‘(a) IN GENERAL.—Not’’; and after the semicolon at the end; (2) in subsection (b)— (4) in subsection (c)— (1)(A) on the death of the head of household, (A) by striking ‘‘(b) The’’ and inserting the (A) by striking ‘‘(c) In implementing’’ and the Secretary shall— following: inserting the following: ‘‘(i) identify and notify any heir of the ‘‘(b) INCLUSIONS.—The’’; and ‘‘(c) STANDARDS; CERTAIN PAYMENTS.— head of household; and (B) by striking ‘‘contain, among other ‘‘(1) STANDARDS.—In carrying out’’; and ‘‘(ii) distribute the funds held by the Sec- matters, the following:’’ and inserting ‘‘in- (B) in the second sentence— retary for the head of household to any clude—’’. (i) by striking ‘‘No payment’’ and inserting heir— SEC. 110. RELOCATION OF HOUSEHOLDS AND the following: ‘‘(I) immediately, if the heir is at least 18 MEMBERS. ‘‘(2) CERTAIN PAYMENTS.—No payment’’; years old; or Section 14 of the Act of December 22, 1974 (ii) by striking ‘‘section 8’’ and inserting ‘‘(II) if the heir is younger than 18 years (25 U.S.C. 640d–13) is amended— ‘‘section 4’’; and old on the date on which the Secretary iden- (1) by striking ‘‘SEC. 14. (a)’’ and inserting (iii) by striking ‘‘section 3 or 4’’ and insert- tified the heir, on the date on which the heir the following: ing ‘‘section 1’’; attains the age of 18. ‘‘SEC. 10. RELOCATION OF HOUSEHOLDS AND (5) in subsection (d)— ‘‘(h) NOTIFICATION.— MEMBERS. (A) by striking ‘‘(d) The’’ and inserting the ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(a) AUTHORIZATION.—’’; following: after the date of enactment of the Navajo- (2) in subsection (a)— ‘‘(d) METHODS OF PAYMENT.—The’’; Hopi Land Settlement Amendments of 2005, (A) in the first sentence— (B) by striking ‘‘(1) Should’’ and inserting the Commissioner shall notify each eligible (i) by striking ‘‘Consistent’’ and inserting the following: head of household who has not entered into the following: ‘‘(1) HOME OWNERSHIP OPPORTUNITY a lease with the Hopi Tribe to reside on land ‘‘(1) IN GENERAL.—Consistent’’; PROJECTS.—Should’’; partitioned to the Hopi Tribe, in accordance (ii) by striking ‘‘section 8’’ each place it (C) by striking ‘‘(2) Should’’ and inserting with section 700.138 of title 25, Code of Fed- appears and inserting ‘‘section 4’’; and the following: eral Regulations (or a successor regulation). (iii) by striking ‘‘section 3 or 4’’ and insert- ‘‘(2) PURCHASED AND CONSTRUCTED DWELL- ‘‘(2) LIST.—On the date on which a notice ing ‘‘section 1’’; INGS.—Should’’; and period referred to in section 700.139 of title

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9303 25, Code of Federal Regulations (or a suc- the requests referred to in subsection (3) in subsection (b), by striking ‘‘(b) Noth- cessor regulation), expires, the Commis- (i)(3)(A), as determined by the Commis- ing’’ and inserting the following: sioner shall submit to the Secretary and the sioner. ‘‘(b) FEDERAL EMPLOYEES.—Nothing’’. United States Attorney for the District of ‘‘(k) APPEAL TO UNITED STATES CIRCUIT SEC. 114. ACTIONS FOR ACCOUNTING, FAIR Arizona a list containing the name and ad- COURT OF APPEALS.— VALUE OF GRAZING, AND CLAIMS dress of each eligible head of household ‘‘(1) IN GENERAL.—Subject to paragraph (3), FOR DAMAGES TO LAND. who— any individual who, under the procedures es- Section 18 of the Act of December 22, 1974 ‘‘(A) continues to reside on land that has tablished by the Commissioner pursuant to (25 U.S.C. 640d–17) is amended— not been partitioned to the Tribe of the head this section, is determined not to be eligible (1) by striking ‘‘SEC. 18. (a) Either’’ and in- of household; and to receive benefits under this Act may ap- serting the following: ‘‘(B) has not entered into a lease to reside peal that determination to the United States ‘‘SEC. 14. ACTIONS FOR ACCOUNTING, FAIR on that land. Circuit Court of Appeals for the Ninth Cir- VALUE OF GRAZING, AND CLAIMS ‘‘(3) CONSTRUCTION OF REPLACEMENT cuit (referred to in this subsection as the FOR DAMAGES TO LAND. HOMES.—Before July 1, 2008, but not later ‘Circuit Court’). ‘‘(a) ACTIONS BY TRIBES.—Either’’; than 90 days after receiving a notice of the ‘‘(2) REVIEW.— (2) in subsection (a), by striking ‘‘section 3 imminent removal of a relocatee from land ‘‘(A) IN GENERAL.—The Circuit Court shall, or 4’’ and inserting ‘‘section 1’’; provided to the Hopi Tribe under this Act with respect to each appeal described in (3) in subsection (b)— from the Secretary or the United States At- paragraph (1)— (A) by striking ‘‘(b) Neither’’ and inserting torney for the District of Arizona, the Com- ‘‘(i) review the entire record (as certified the following: missioner may begin construction of a re- to the Circuit Court under paragraph (3)) on ‘‘(b) DEFENSES.—Neither’’; and placement home on any land acquired under which a determination of the ineligibility of (B) by striking ‘‘section 3 or 4’’ and insert- section 6. the appellant to receive benefits under this ing ‘‘section 1’’; ‘‘(i) APPEALS.— Act was based; and (4) in subsection (c)— ‘‘(1) IN GENERAL.—The Commissioner shall ‘‘(ii) on the basis of that review, affirm or (A) by striking ‘‘(c) Either’’ and inserting establish an expedited hearing procedure for reverse that determination. the following: any appeal relating to the denial of eligi- ‘‘(B) STANDARD OF REVIEW.—The Circuit ‘‘(c) FURTHER ORIGINAL, ANCILLARY, OR bility for benefits under this Act (including Court shall affirm any determination that SUPPLEMENTARY ACTS TO ENSURE QUIET EN- regulations promulgated pursuant to this the Circuit Court determines to be supported JOYMENT.— Act) that is pending on, or filed after, the by substantial evidence. ‘‘(1) IN GENERAL.—Either’’; and date of enactment of Navajo-Hopi Land Set- ‘‘(3) NOTICE OF APPEAL.— (B) in the second sentence, by striking tlement Amendments of 2005. ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘Such actions’’ and inserting the following: ‘‘(2) FINAL DETERMINATIONS.—The hearing after a determination of ineligibility under ‘‘(2) ACTION THROUGH CHAIRMAN.—An action procedure established under paragraph (1) paragraph (1), an affected individual shall under paragraph (1)’’; shall— file a notice of appeal with— (5) in subsection (d)— ‘‘(A) provide for a hearing before an impar- ‘‘(i) the Circuit Court; and (A) by striking ‘‘(d) Except’’ and inserting tial third party, as the Commissioner deter- ‘‘(ii) the Commissioner. the following: mines necessary: and ‘‘(B) CERTIFICATION OF RECORD.—On receipt ‘‘(d) UNITED STATES AS PARTY; JUDGMENTS ‘‘(B) ensure that a final determination is of a notice under subparagraph (A)(ii), the AGAINST THE UNITED STATES— made by the Office of Navajo and Hopi Indian Commissioner shall submit to the Circuit ‘‘(1) IN GENERAL.—Except’’; and Relocation for each appeal described in para- Court the certified record on which the de- (B) in the second sentence, by striking graph (1) by not later than January 1, 2008. termination that is the subject of the appeal ‘‘Any judgment or judgments’’ and inserting ‘‘(3) NOTICE.— was made. the following: ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(C) REVIEW PERIOD.— Not later than 60 ‘‘(2) EFFECT OF JUDGMENTS.—Any judg- after the date of enactment of the Navajo- days after receiving a certified record under ment’’; and Hopi Land Settlement Amendments of 2005, subparagraph (B), the Circuit Court shall (6) in subsection (e), by striking ‘‘(e) All’’ the Commissioner shall provide written no- conduct a review and file a decision regard- and inserting the following: tice to any individual that the Commissioner ing an appeal in accordance with paragraph ‘‘(e) REMEDIES.—All’’. determines may have the right to a deter- (2). SEC. 115. JOINT USE. mination of eligibility for benefits under this ‘‘(D) BINDING DECISION.—A decision made Section 19 of the Act of December 22, 1974 Act. by the Circuit Court under this subsection (25 U.S.C. 640d–18) is amended— ‘‘(B) REQUIREMENTS FOR NOTICE.—The no- shall be final and binding on all parties.’’. (1) by striking ‘‘SEC. 19. (a) Notwith- tice provided under subparagraph (A) shall— SEC. 112. PAYMENT FOR USE OF LAND. standing’’ and inserting the following: ‘‘(i) specify that a request for a determina- Section 16 of the Act of December 22, 1974 ‘‘SEC. 15. JOINT USE. tion of eligibility for benefits under this Act (25 U.S.C. 640d–15) is amended— ‘‘(a) REDUCTION OF LIVESTOCK.— shall be presented to the Commission not (1) by striking ‘‘SEC. 16. (a) The Navajo’’ ‘‘(1) IN GENERAL.—Notwithstanding’’; later than 180 days after the date on which and inserting the following: (2) in subsection (a)(1) (as designated by the notice is issued; and ‘‘SEC. 12. PAYMENT FOR USE OF LAND. paragraph (1))— ‘‘(ii) be provided— (A) by striking ‘‘section 3 or 4’’ and insert- ‘‘(a) IN GENERAL.—The Navajo’’; ‘‘(I) by mail (including means other than ing ‘‘section 1’’; and (2) in subsection (a), by striking ‘‘sections certified mail) to the last known address of (B) in the second sentence, by striking 8 and 3 or 4’’ and inserting ‘‘sections 1 and the recipient; and ‘‘The Secretary is directed to’’ and inserting 4’’; and ‘‘(II) in a newspaper of general circulation the following: (3) in subsection (b)— in the geographic area in which an address ‘‘(2) CONSERVATION PRACTICES AND METH- (A) by striking ‘‘(b) The’’ and inserting the referred to in subclause (I) is located. ODS.—The Secretary shall’’; following: ‘‘(j) PROCUREMENT OF SERVICES.— (3) in subsection (b)— ‘‘(b) PAYMENT.—The’’; and ‘‘(1) IN GENERAL.—Notwithstanding any (A) by striking ‘‘(b) The’’ and inserting the (B) by striking ‘‘sections 8 and 3 or 4’’ and other provision of this Act, to ensure the full following: inserting ‘‘sections 1 and 4’’. and fair evaluation of the requests referred ‘‘(b) SURVEY LOCATION OF MONUMENTS AND SEC. 113. EFFECT OF ACT. to in subsection (i)(3)(A) (including an appeal FENCING OF BOUNDARIES.—The’’; and hearing before an impartial third party re- Section 17 of the Act of December 22, 1974 (B) by striking ‘‘sections 8 and 3 or 4’’ each ferred to in subsection (i)(2)(A)), the Com- (25 U.S.C. 640d–16) is amended— place it appears and inserting ‘‘sections 1 missioner may enter into such contracts or (1) by striking ‘‘SEC. 17. (a)’’ and inserting and 4’’; and agreements to procure such services, and em- the following: (4) in subsection (c)— ploy such personnel (including attorneys), as ‘‘SEC. 13. EFFECT OF ACT. (A) by striking ‘‘(c)(1) Surveying’’ and in- the Commissioner determines to be nec- ‘‘(a) TITLE, POSSESSION, AND ENJOYMENT.— serting the following: essary. ’’; ‘‘(c) SURVEYING, MONUMENTING, AND FENC- ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES (2) in subsection (a)— ING; LIVESTOCK REDUCTION PROGRAM.— OR HEARING OFFICERS.—The Commissioner (A) in the first sentence, by striking ‘‘(1) SURVEYING, MONUMENTING, AND FENC- may request the Secretary to act through ‘‘Nothing’’ and inserting the following: ING.—Surveying’’; the Director of the Office of Hearings and ‘‘(1) IN GENERAL.—Nothing’’; and (B) in paragraph (1)— Appeals to make available to the Office of (B) in the second sentence, by striking (i) by striking ‘‘section 4’’ and inserting Navajo and Hopi Indian Relocation an ad- ‘‘Such’’ and inserting the following: ‘‘section 1’’; and ministrative law judge or other hearing offi- ‘‘(2) RESIDENCE ON OTHER RESERVATIONS.— (ii) by striking ‘‘section 8’’ and inserting cer with appropriate qualifications to review Any’’; and ‘‘section 4’’; and

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9304 CONGRESSIONAL RECORD—SENATE May 11, 2005 (C) in paragraph (2), by striking ‘‘(2) The’’ ‘‘SEC. 21. FUNDING AND CONSTRUCTION OF HIGH ‘‘SEC. 25. NAVAJO REHABILITATION TRUST FUND. and inserting the following: SCHOOL AND MEDICAL CENTER. ‘‘(a) ESTABLISHMENT.—There’’; ‘‘(2) LIVESTOCK REDUCTION PROGRAM.—The’’. ‘‘The Secretary’’. (2) in subsection (b), by striking ‘‘(b) All’’ SEC. 116. RELIGIOUS CEREMONIES; PIPING OF SEC. 123. ENVIRONMENTAL IMPACT; WILDER- and inserting the following: WATER. NESS STUDY; CANCELLATION OF ‘‘(b) DEPOSIT OF INCOME INTO FUND.—All’’; Section 20 of the Act of December 22, 1974 LEASES AND PERMITS. (3) in subsection (c), by striking ‘‘(c) The’’ (25 U.S.C. 640d–19) is amended by striking Section 28 of the Act of December 22, 1974 and inserting the following: ‘‘SEC. 20. The members’’ and inserting the (25 U.S.C. 640d–26) is amended— ‘‘(c) INVESTMENT OF FUNDS.—The’’; following: (1) by striking ‘‘SEC. 28. (a) No action’’ and (4) in subsection (d)— ‘‘SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING inserting the following: (A) by striking ‘‘(d) Funds’’ and inserting OF WATER. ‘‘SEC. 22. ENVIRONMENTAL IMPACT; WILDERNESS the following: The members’’. STUDY; CANCELLATION OF LEASES ‘‘(d) AVAILABILITY OF FUNDS.—Funds’’; AND PERMITS. SEC. 117. ACCESS TO RELIGIOUS SHRINES. (B) in paragraph (1), by striking ‘‘pro- Section 21 of the Act of December 22, 1974 ‘‘(a) IN GENERAL.—No action’’; ceedings,’’ and inserting ‘‘proceedings;’’; and (25 U.S.C. 640d–20) is amended by striking (2) in subsection (b), by striking ‘‘(b) Any’’ (C) in paragraph (2), by striking ‘‘Act, or’’ and inserting the following: ‘‘SEC. 21. Notwithstanding’’ and inserting the and inserting ‘‘Act; or’’; following: ‘‘(b) EFFECT OF WILDERNESS STUDY.—Any’’; (5) in subsection (e)— and (A) by striking ‘‘(e) By December 1’’ and ‘‘SEC. 17. ACCESS TO RELIGIOUS SHRINES. (3) by adding at the end the following: inserting the following: Notwithstanding’’. ‘‘(c) CONSTRUCTION REQUIREMENTS.— ‘‘(e) EXPENDITURE OF FUNDS.— SEC. 118. EXCLUSION OF PAYMENTS FROM CER- ‘‘(1) IN GENERAL.—Any construction activ- ‘‘(1) IN GENERAL.—Not later than December TAIN FEDERAL DETERMINATIONS ity under this Act shall be carried out in ac- 1’’; and OF INCOME. cordance with sections 3 through 7 of the Act Section 22 of the Act of December 22, 1974 (B) in the second sentence, by striking of June 27, 1960 (16 U.S.C. 469a–1 through (25 U.S.C. 640d–21) is amended— ‘‘Such framework is to be’’ and inserting the 469c). following: (1) by striking ‘‘SEC. 22. The availability’’ ‘‘(2) COMPLIANCE WITH OTHER REQUIRE- EQUIREMENT.—The framework under and inserting the following: ‘‘(2) R MENTS.—If a construction activity meets the paragraph (1) shall be’’; ‘‘SEC. 18. EXCLUSION OF PAYMENTS FROM CER- requirements under paragraph (1), the activ- (6) in subsection (f)— TAIN FEDERAL DETERMINATIONS OF INCOME. ity shall be considered to be in accordance (A) by striking ‘‘(f) The’’ and inserting the ‘‘(a) IN GENERAL.—The availability’’; and with any applicable requirement of— following: (2) by striking ‘‘None of the funds’’ and in- ‘‘(A) Public Law 89–665 (80 Stat. 915); and ‘‘(f) TERMINATION.— serting the following: ‘‘(B) the Act of June 8, 1906 (34 Stat. 225, ‘‘(1) IN GENERAL.—The’’; and ‘‘(b) FEDERAL AND STATE INCOME TAXES.— chapter 3060).’’. (B) in the second sentence, by striking ‘‘All None of the funds’’. SEC. 124. ATTORNEY FEES AND COURT COSTS. funds’’ and inserting the following: ‘‘(2) TRANSFER OF REMAINING FUNDS.—All SEC. 119. AUTHORIZATION OF EXCHANGE. Section 29 of the Act of December 22, 1974 funds’’; and Section 23 of the Act of December 22, 1974 (25 U.S.C. 640d–27) is amended— (7) in subsection (g)— (25 U.S.C. 649d–22) is amended— (1) by striking ‘‘SEC. 29. (a)’’ and inserting (A) by striking ‘‘(g) There is hereby’’ and (1) by striking ‘‘SEC. 23. The Navajo’’ and the following: inserting the following: inserting the following: ‘‘SEC. 23. ATTORNEY FEES AND COURT COSTS. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 19. AUTHORIZATION OF EXCHANGE. ‘‘(a) IN GENERAL.—’’; ‘‘(1) IN GENERAL.—There is’’; (2) in subsection (a)— ‘‘(a) IN GENERAL.—The Navajo’’; and (B) in the first sentence, by striking ‘‘1990, (A) by striking ‘‘In any’’ and inserting the (2) in the second sentence— 1991, 1992, 1993, 1994, and 1995’’ and inserting following: (A) by striking ‘‘In the event that the ‘‘2006 through 2008’’; and ‘‘(1) IN GENERAL.—In any’’; and Tribes should’’ and inserting the following: (C) in the second sentence, by striking (B) by striking ‘‘For each’’ and inserting ‘‘(b) NEGOTIATED EXCHANGES.—If the ‘‘The income’’ and inserting the following: Tribes’’; and the following: ‘‘(2) INCOME FROM LAND.—The income’’. (B) by striking ‘‘sections 14 and 15’’ and in- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— For each’’; SEC. 127. AVAILABILITY OF FUNDS FOR RELOCA- serting ‘‘sections 10 and 11’’. TION ASSISTANCE. (3) in subsection (b)— SEC. 120. SEVERABILITY. The second section designated as section 32 (A) by striking ‘‘(b) Upon’’ and inserting Section 24 of the Act of December 22, 1974 of the Act of December 22, 1974 (25 U.S.C. 640– the following: (25 U.S.C. 640d–23) is amended by striking 31) is amended by striking ‘‘SEC. 32. Noth- ‘‘(b) AWARD BY COURT.— ‘‘SEC. 24. If’’ and inserting the following: ing’’ and inserting the following: ‘‘(1) IN GENERAL.—On’’; and ‘‘SEC. 20. SEVERABILITY. (B) in the second sentence, by striking ‘‘SEC. 26. AVAILABILITY OF FUNDS FOR RELOCA- ‘‘If’’. ‘‘Any party’’ and inserting the following: TION ASSISTANCE.’’. SEC. 121. AUTHORIZATION OF APPROPRIATIONS. ‘‘Nothing’’. ‘‘(2) REIMBURSEMENT OF UNITED STATES.— Section 25 of the Act of December 22, 1974 Any party’’; TITLE II—PERSONNEL OF THE OFFICE OF (25 U.S.C. 640d–24) is— (4) in subsection (c), by striking ‘‘(c) To’’ NAVAJO AND HOPI INDIAN RELOCATION (1) moved so as to appear at the end of the and inserting the following: SEC. 201. RETENTION PREFERENCE. Act; and ‘‘(c) EXCESS DIFFERENCE.—To’’; and The second sentence of section 3501(b) of (2) amended to read as follows: (5) in subsection (d)— title 5, United States Code, is amended— ‘‘SEC. 27. AUTHORIZATION OF APPROPRIATIONS. (A) by striking ‘‘(d) This’’ and inserting (1) by striking ‘‘or’’ after ‘‘Senate’’ and in- ‘‘(a) RELOCATION OF HOUSEHOLDS AND MEM- the following: serting a comma; BERS.—There is authorized to be appro- ‘‘(d) APPLICATION OF SECTION.—This’’; and (2) by striking ‘‘or’’ after ‘‘Service’’ and in- priated to carry out section 10(b) $13,000,000. (B) by striking ‘‘section 8 or 18(a) of this serting a comma; and ‘‘(b) RELOCATION OF HOUSEHOLDS AND MEM- Act’’ and inserting ‘‘section 4 or section (3) by inserting ‘‘, or to an employee of the BERS.—There are authorized to be appro- 14(a)’’. Office of Navajo and Hopi Indian Relocation’’ priated to carry out section 11 such sums as SEC. 125. LOBBYING. before the period. are necessary for each of fiscal years 2006 Section 31 of the Act of December 22, 1974 SEC. 202. SEPARATION PAY. through 2008. (25 U.S.C. 640d–29) is amended— (a) IN GENERAL.—Chapter 55 of title 5, ‘‘(c) RETURN TO CARRYING CAPACITY AND IN- (1) by striking ‘‘SEC. 31. (a) Except’’ and in- United States Code, is amended by adding at STITUTION OF CONSERVATION PRACTICES.— serting the following: There is authorized to be appropriated to the end the following: carry out section 15(a) $10,000,000. ‘‘SEC. 24. LOBBYING. ‘‘§ 5598 Separation pay for certain employees ‘‘(d) SURVEY LOCATION OF MONUMENTS AND ‘‘(a) IN GENERAL.—Except’’; and of the Office of Navajo and Hopi Indian Re- FENCING OF BOUNDARIES.—There is authorized (2) in subsection (b), by striking ‘‘(b) Sub- location to be appropriated to carry out section 15(b) section’’ and inserting the following: ‘‘(a) IN GENERAL.—Except as provided in $500,000.’’. ‘‘(b) APPLICABILITY.—Subsection’’. subsections (b) and (c), the Commissioner of SEC. 122. FUNDING AND CONSTRUCTION OF HIGH SEC. 126. NAVAJO REHABILITATION TRUST FUND. the Office of Navajo and Hopi Indian Reloca- SCHOOL AND MEDICAL CENTER. The first section designated as section 32 of tion shall establish a program to offer sepa- Section 27 of the Act of December 22, 1974 the Act of December 22, 1974 (25 U.S.C. 640d– ration pay to employees of the Office of Nav- (25 U.S.C. 640d–25) is amended by striking 30) is amended— ajo and Hopi Indian Relocation (referred to ‘‘SEC. 27.’’ and all that follows through ‘‘(c) (1) by striking ‘‘SEC. 32. (a) There’’ and in- in this section as the ‘Office’) in the same The Secretary’’ and inserting the following: serting the following: manner as the Secretary of Defense offers

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9305 separation pay to employees of a defense during the period beginning on January 1, (2) the Secretary of the Interior; agency under section 5597. 1985, and ending on the date of separation of (3) a court of competent jurisdiction; or ‘‘(b) SEPARATION PAY.— that individual; and (4) operation of Federal or State law. ‘‘(1) IN GENERAL.—Under the program es- ‘‘(2)(A) has completed 25 years of service at (b) PROCEEDINGS NOT AFFECTED.—This title tablished under subsection (a), the Commis- any age; or shall not affect any proceeding (including a sioner of the Office may offer separation pay ‘‘(B) has attained the age of 50 years and notice of proposed rulemaking, an adminis- only to employees within an occupational has completed 20 years of service.’’. trative proceeding, and an application for a group or at a pay level that minimizes the (2) COMPUTATION OF BASIC ANNUITY.—Sec- license, permit, certificate, or financial as- disruption of ongoing Office programs at the tion 8415 of title 5, United States Code, is sistance) relating to a function transferred time that the separation pay is offered. amended— under this title that is pending before the Of- ‘‘(2) REQUIREMENT.—Any separation pay of- (1) by redesignating subsection (l) as sub- fice of Navajo and Hopi Relocation on the fered under this subsection— section (m); date of enactment of this Act. ‘‘(A) shall be paid in a lump sum; (2) by redesignating the second subsection ‘‘(B) shall be in an amount equal to $25,000, designated as subsection (k) as subsection (l); By Mr. BINGAMAN (for himself, if paid on or before December 31, 2007; and Ms. SNOWE, Mr. ROCKEFELLER, ‘‘(C) shall be in an amount equal to $20,000, (3) by adding at the end the following: Mrs. HUTCHISON, Mr. REID, and if paid after December 31, 2007, and before ‘‘(n) The annuity of an employee retiring Mr. JEFFORDS): January 1, 2009; under section 8412(i) shall be determined in ‘‘(D) shall be in an amount equal to $15,000, accordance with subsection (d), except that S. 1007. A bill to prevent a severe re- if paid after December 31, 2008, and before with respect to service during the period be- duction in the Federal medical assist- January 1, 2010; ginning on January 1, 1985, the annuity of ance percentage determined for a State ‘‘(E) shall not— the employee shall be an amount equal to for fiscal year 2006; to the Committee ‘‘(i) be a basis for payment; the sum of— on Finance. ‘‘(ii) be considered to be income for the ‘‘(1) the product obtained by multiplying— purposes of computing any other type of ben- Mr. BINGAMAN. Mr. President, ‘‘(A) 2 percent of the average pay of the today I am introducing legislation with efit provided by the Federal Government; employee; and and ‘‘(B) the quantity of the total service of Senators SNOWE, ROCKEFELLER, ‘‘(F) if an individual is otherwise entitled the employee that does not exceed 10 years; HUTCHISON, REID, and JEFFORDS that to receive any severance pay under section and would increase Medicaid Federal 5595 on the basis of any other separation, ‘‘(2) the product obtained by multiplying— matching payments to 28 States by ad- shall not be payable in addition to the ‘‘(A) 11⁄2 percent of the average pay of the dressing a problem with the Medicaid amount of the severance pay to which that employee; and funding formula that is expected to re- individual is entitled under section 5595. ‘‘(B) the quantity of the total service of sult in a majority of States in the ‘‘(c) PROHIBITION.—No amount shall be pay- the employee that exceeds 10 years.’’. able under this section to any employee of country having their Federal matching the Office for any separation occurring after TITLE III—TRANSFER OF FUNCTIONS AND rate drop this coming fiscal year. December 31, 2009.’’. SAVINGS PROVISIONS Our legislation, the ‘‘Medicaid For- (b) CONFORMING AMENDMENT.—The chapter SEC. 301. DEFINITIONS. mula Fairness Act of 2005,’’ would pro- analysis for chapter 55 of title 5 is amended In this title: by adding at the end the following: tect these 28 States from decreases in (1) FEDERAL AGENCY.—The term ‘‘Federal the amount of Federal funding they ‘‘5598. Separation pay for certain employees agency’’ has the meaning given the term of the Office of Navajo and Hopi ‘‘agency’’ in section 551(1) of title 5, United can expect to receive in fiscal year Indian Relocation.’’. States Code. 2006. For the vulnerable low-income SEC. 203. FEDERAL RETIREMENT. (2) FUNCTION.—The term ‘‘function’’ means children, pregnant women, disabled, (a) CIVIL SERVICE RETIREMENT SYSTEM.— any duty, obligation, power, authority, re- and senior citizens that the Medicaid (1) IMMEDIATE RETIREMENT.—Section sponsibility, right, privilege, activity, or programs in those 28 States serve. This 8336(j)(1)(B) of title 5, United States Code, is program. legislation may be the only thing pre- amended by inserting ‘‘or was employed by (3) OFFICE.—The term ‘‘Office’’ means the venting them from losing their health the Office of Navajo and Hopi Indian Reloca- Office of Navajo and Hopi Relocation (includ- benefits and joining the ranks of our tion during the period beginning on January ing any component of that office). Nation’s uninsured, which is already at 1, 1985, and ending on the date of separation SEC. 302. TRANSFER OF FUNCTIONS. of that employee’’ before the final comma. Effective on the date of enactment of this 45 million people. (2) COMPUTATION OF ANNUITY.—Section Act, there is transferred to the Secretary of In New Mexico, more than one-in-five 8339(d) of title 5, United States Code, is the Interior any function of the Office that or over 400,000 New Mexicans are unin- amended by adding at the end the following: has not been carried out by the Office on the sured and the State is facing a $78 mil- ‘‘(8) The annuity of an employee of the Of- date of enactment of this Act, as determined lion reduction in the federal Medicaid fice of Navajo and Hopi Indian Relocation by the Secretary of the Interior in accord- described in section 8336(j)(1)(B) shall be de- matching rate for fiscal year 2006. This ance with the Act of December 22, 1974 (25 is not the result of a dramatic upswing termined under subsection (a), except that U.S.C. 640 et seq.) (as amended by title I). with respect to service of that employee on in the economy in New Mexico. The or after January 1, 1985, the annuity of that SEC. 303. TRANSFER AND ALLOCATIONS OF AP- most recent poverty data from the U.S. PROPRIATIONS. employee shall be in an amount equal to the (a) IN GENERAL.—Except as otherwise pro- Census Bureau actually indicates an sum of— vided in this Act and the amendments made upswing in the percentage of New ‘‘(A) the product obtained by multiplying— by this Act, any asset, liability, contract, Mexicans in poverty at 18 percent—the ‘‘(i) 21⁄2 percent of the average pay of the property, record, or unexpended balance of employee; and second highest poverty rate in the appropriations, authorizations, allocations, ‘‘(ii) the quantity of service of the em- country. and other funds made available to carry out ployee on or after January 1, 1985, that does Thus, at the very time when there the functions transferred by this title shall not exceed 10 years; and are more people in need of medical care be transferred to the Secretary of the Inte- ‘‘(B) the product obtained by multiplying— rior, subject to section 1531 of title 31, United through the Medicaid program, the ‘‘(i) 2 percent of the average pay of the em- States Code. Federal Government is apparently re- ployee; and (b) USE OF FUNDS.—Any unexpended funds ducing its assistance through Medicaid. ‘‘(ii) the quantity of the service of the em- transferred under subsection (a) shall be used So how is this possible? ployee on or after January 1, 1985, that ex- only for the purposes for which the funds ceeds 10 years.’’. The first problem is with the Med- were originally authorized and appropriated. (b) FEDERAL EMPLOYEES RETIREMENT SYS- icaid matching formula itself. It is TEM.— SEC. 304. EFFECT OF TITLE. based on per capita income, which was (1) IMMEDIATE RETIREMENT.—Section 8412 of (a) CONTINUING EFFECT OF LEGAL DOCU- established as a proxy for both need title 5, United States Code, is amended by MENTS.—Any legal document relating to a and State capacity many years ago. We adding at the end the following: function transferred by this title that is in now have much better data on what ‘‘(i) An employee of the Office of Navajo effect on the date of enactment of this Act and Hopi Indian Relocation is entitled to an shall continue in effect in accordance with should be the factors in the Medicaid annuity if that employee— the terms of the document until the docu- formula, including poverty and total ‘‘(1) has been continuously employed in the ment is modified or terminated by— taxable resource measures, but the old Office of Navajo and Hopi Indian Relocation (1) the President; proxy of per capita income remains.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9306 CONGRESSIONAL RECORD—SENATE May 11, 2005 Despite numerous reports from the FY 2005.’’ Not since 1998 have the fluc- to PCI for 2001 and 2002 were not retro- General Accounting Office, the HHS in- tuations been this dramatic. actively applied by CMS. This trans- spector general, and outside organiza- According to the Congressional Re- lates to approximately $229 million for tions calling for such an update to the search Service (CRS), the average a total of $671 million. This is still far Federal Medicaid formula, nothing has change in the FMAP between fiscal less than the $860 million lost to the 29 happened over the years. Rather than year 2001 and fiscal year 2002 was ¥0.26 States by FMAP reductions. fighting that battle again, our legisla- percentage points, for fiscal year 2003 it Therefore, this legislation I am intro- tion acknowledges that we are stuck was +0.32, for fiscal year 2004 it was ducing with Senator SNOWE and others with per capita income as the formula +0.12, and for fiscal year 2005 it was does not hold States entirely harmless. factor. Instead, we take issue with how ¥0.09. Thus, over this 4-year period, However, it does limit the losses in that factor is dropping Federal match- the average change in the national Federal Medicaid matching funds that ing rates across the Nation while the FMAP was less than 0.2 percentage States are expected to absorb due to national poverty rate continues to rise. points. However, due in part to the problems with the use of per capita in- Again, how is this possible? rebenchmarking of data by BEA, the come as a factor in the Medicaid for- In the fall of 2004, the Centers for fiscal year 2006 change in the FMAP mula but also in how it is used. Our Medicare and Medicaid Services, CMS, will be ¥0.55 percentage points. Com- legislation mitigates those problems, published the Federal Medical Assist- pared to average change over the and does so with the expressed intent ance Percentage, or FMAP, for fiscal preceeding 4 years, the fiscal year 2006 of preventing millions of additional year 2006 based on per capital income, FMAP change will be almost three Americans from joining the ranks of PCI, data from 2001, 2002, and 2003. Ac- times as dramatic. the uninsured as many of our States cording to the Federal Funds Informa- As a result, 29 States will absorb a will be forced to undertake cuts to the tion for States, FFIS, Issue Brief in decline in the FMAP for fiscal year Medicaid program to make up for lost September 2004, changes in the FMAP 2006. The Oklahoma Health Care Au- Federal funding. will cause States to lose a net $527 mil- thority estimates that this will cost Specifically, the bill allows States to lion in Federal matching funds in the those States $860 million. The largest get the better of: 1. the FMAP as cal- Medicaid Program with decreases of projected percentage point decreases culated by CMS; 2. a recalculated ¥ ¥ $867 million to 29 States partially off- are for Alaska, 7.42, Wyoming, 3.67, FMAP without retroactively changing ¥ ¥ set by increases for 9 States. New Mexico, 3.15, Oklahoma, 2.27, the 2001 and 2002 per capita income ¥ ¥ CMS acknowledges that 29 States Maine, 1.99, West Virginia, 1.66, data; or, 3. a hold harmless limiting ¥ ¥ will lose Federal funding, nine States North Dakota, 1.64, Vermont, 1.62, the reduction in the FMAP to 0.5 per- ¥ ¥ will gain, and the balance of the States Utah, 1.38, Montana, 1.36, Alabama, centage points. will not be impacted by the Medicaid ¥1.32, Louisiana, ¥1.25, Nevada, ¥1.14, In New Mexico, for example, the changes because the latter group of 12 and Mississippi, ¥1.08. ‘‘Medicaid Formula Fairness Act of States are already at the statutory The largest dollar declines would be 2005’’ would restore $66 million of the minimum FMAP of 50 percent. experienced by the states of New Mex- Federal law dictates that the FMAP ico, ¥$79 million, Louisiana, ¥$72 mil- $78 million that New Mexico is sched- is determined based on the ‘‘three most lion, Alaska, ¥$69 million, Tennessee, uled to lose due to the drop in the Fed- recent calendar years for which satis- ¥$68 million, Oklahoma, ¥$66 million, eral Medicaid matching rate. The other factory data are available from the De- Alabama, ¥$55 million, and Maine, 27 States that would benefit from the partment of Commerce.’’ Thus, for fis- ¥$47 million. legislation and the estimated amount cal year 2006, the PCI data used is from FFIS adds, ‘‘While the changes in FY they would receive are as follows: the years 2001, 2002, and 2003. The Fed- 2006 are significant, for many states Texas—$113 million, New Mexico—$66 eral intent of a 3-year rolling average they only add to previous reductions. million, Alaska—$64 million, Okla- is to limit the fluctuations that States Thirteen states (Alaska, Kentucky, homa—$52 million, Louisiana—$43 mil- might experience since only one-third Louisiana, Maine, Montana, New Mex- lion, Maine—$35 million, Alabama—$34 of the formula is changed on a yearly ico, North Dakota, Oklahoma, Rhode million, West Virginia—$27 million, basis. In other words, Congress felt it Island, Vermont, West Virginia, Wis- Tennessee—$27 million, Florida—$25 important enough to limit the fluctua- consin, and Wyoming) will experience million, Mississippi—$22 million, Ari- tions in the matching rate through the three consecutive reductions—from the zona—$22 million, Nevada—$17 million, 3-year rolling average of PCI data that fiscal relief FMAP to the base FMAP in Arkansas—$14 million, Utah—$14 mil- the result is the use of data from 2001 FY 2004 to a second reduction in FY lion, North Carolina—$14 million, Wyo- for the calculation of the fiscal year 2005 and a third in FY 2006. The cumu- ming—$13 million, Vermont—$10 mil- 2006 FMAP. lative 5-year reduction for a number of lion, Wisconsin—$9 million, Rhode Is- However, as analysis by the Okla- States is large, and for many unprece- land—$8 million, Georgia—$8 million, homa Health Care Authority indicates, dented—Wyoming (¥10.37), Alaska Oregon—$6 million, North Dakota—$6 in the case of the calculation, of the (¥9.97), North Dakota (¥4.14), Vermont million, Montana—$6 million, South fiscal year 2006 FMAP, the U.S. Depart- (¥3.91), Oklahoma (¥3.33), Maine Carolina—$6 million, Idaho—$5 million, ment of Commerce’s Bureau of Eco- (¥3.22), and South Dakota (¥3.24).’’ South Dakota—$3 million, and Kan- nomic Analysis, BEA, performed a The loss in funds to these 29 States is sas—$2 million. comprehensive revision of its calcula- already resulting in planned cuts in I would like to thank the Oklahoma tion of PCI in 2003, as it does every 4 to benefits and services to Medicaid eligi- Health Care Authority, including Mike 5 years, and provided revised data for ble recipients, such as low-income chil- Fogarty and Stephen Weiss, for their previous years as well. As a result, dren, pregnant women, the elderly and outstanding work in analyzing the CMS changed the 2001 and 2002 PCI disabled, and decreased reimbursement problem with the Fiscal Year 2006 data for States in the calculation, Con- to Medicaid providers, including physi- FMAP and for their technical assist- sequently, all 3 years of the PCI data cians, hospitals, nursing homes, com- ance and counsel toward the introduc- were being changed rather than just munity health centers, etc. tion of this legislation. I would also one-third. In an effort to minimize the dramatic like to thank Senators SNOWE, ROCKE- The result is rather dramatic fluc- fluctuations in the Fiscal Year 2006 FELLER, HUTCHISON, REID, and JEF- tuations—mostly negative—to State FMAP, this legislation would limit the FORDS for providing bipartisan support FMAP calculations, As the FFIS Issue loss of States in the FMAP to 0.5 per- as original cosponsors of this impor- Brief indicated, ‘‘Fifteen States are centage points, which restores $442 mil- tant legislation. projected to have changes of greater lion of the lost Medicaid dollars to 18 I ask unanimous consent that the than one percentage point in fiscal States. The bill would also give 10 addi- text of the bill and a letter be printed year 2006, compared to only three for tional States a higher FMAP if changes in the RECORD.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9307 There be no objection, the material Medicaid funding is a serious threat to the tionately large low-income elderly pop- was ordered to be printed in the viability of hospitals and the patients they ulation, it has had a favorable Federal- RECORD. serve. We realize that it is critical that State match in recent years, 66 percent states provide their share of the state-federal S. 1007 in 2004. This translated to $1.4 billion Medicaid funding match in order for vulner- Be it enacted by the Senate and House of Rep- able citizens to obtain and retain health care in Federal dollars last year—two-thirds resentatives of the United States of America in coverage and health services. Your legisla- of MaineCare’s $2 billion in Medicaid Congress assembled, tion would help states by limiting the FMAP spending. SECTION 1. SHORT TITLE. drop to 0.5 percent, restoring $468 million of The size of Maine’s Medicaid popu- This Act may be cited as the ‘‘Medicaid the funds that are lost due to the recalcula- lation means that any change in the Formula Fairness Act of 2005’’. tion of per capita income. FMAP has a disproportionately signifi- SEC. 2. LIMITATION ON SEVERE REDUCTION IN We applaud your leadership on this issue cant impact on Maine’s budget. This THE MEDICAID FMAP FOR FISCAL and support enactment of this legislation. YEAR 2006. year, Maine’s Federal matching rate Sincerely, decreased from 66.01 percent to 64.89 (a) LIMITATION ON REDUCTION.—In no case RICK POLLACK, shall the FMAP for a State for fiscal year Executive Vice President. percent, a drop of more than one per- 2006 be less than the greater of the following: cent. The change in FMAP for FY2006 Ms. SNOWE. Mr. President, I am (1) HALF PERCENTAGE POINT DECREASE.— is even greater and will cause 28 pleased to join Senator BINGAMAN The FMAP determined for the State for fis- States, including Maine, to lose a sig- cal year 2005, decreased by 0.5 percentage today, along with Senators ROCKE- nificant amount of Federal matching points. FELLER, HUTCHISON, REID, and JEF- funds next year. Maine’s Federal (2) COMPUTATION WITHOUT RETROACTIVE AP- FORDS, in introducing the Medicaid matching rate will drop nearly two PLICATION OF REBENCHMARKED PER CAPITA IN- Formula Fairness Act of 2005. This leg- points, from 64.89 percent to 62.9 per- COME.—The FMAP that would have been de- islation will provide a temporary in- termined for the State for fiscal year 2006 if cent next year, which will result in crease in Medicaid Federal matching Maine losing $46.7 million in Federal the per capita incomes for 2001 and 2002 that payments to 28 States and thereby was used to determine the FMAP for the matching funds. State for fiscal year 2005 were used. avoid a significant loss funds which Under existing Federal law, the (b) SCOPE OF APPLICATION.—The FMAP ap- would otherwise occur due to a precipi- FMAP is determined based on the three plicable to a State for fiscal year 2006 after tous and unpredicted drop in the Fed- most recent calendar years for which the application of subsection (a) shall apply eral matching rate for these States data is available from the Department only for purposes of titles XIX and XXI of next year. of Commerce. This 3 year ‘‘look back’’ the Social Security Act (including for pur- Medicaid provides essential medical captures a period of time that is not poses of making disproportionate share hos- care to low-income children, pregnant pital payments described in section 1923 of necessarily reflective of a State’s cur- women, parents of dependent children, rent financial situation. The FMAP for such Act (42 U.S.C. 1396r–4) and payments senior citizens, and people with disabil- under such titles that are based on the en- FY 2003, for example, was calculated in hanced FMAP described in section 2105(b) of ities and functions as a critical safety 2001 for the fiscal year beginning Octo- such Act (42 U.S.C. 1397ee(b))) and shall not net for our most vulnerable popu- ber 2002. The FY 2003 FMAP was deter- apply with respect to payments under title lations. Enrollment in the Medicaid mined on the basis, of State per capita IV of such Act (42 U.S.C. 601 et seq.). program has grown by nearly one-third income over the 3 year period of 1998 (c) DEFINITIONS.—In this section: since the beginning of 2001, as the num- (1) FMAP.—The term ‘‘FMAP’’ means the through 2000, when State economies bers of those in poverty and individuals were growing significantly. Yet in 2003, Federal medical assistance percentage, as without private health insurance con- defined in section 1905(b) of the Social Secu- when this matching rate was in effect, rity Act (42 U.S.C. 1396d(b)). tinues to increase. In Maine, where we a serious economic downturn was af- (2) STATE.—The term ‘‘State’’ has the have an older and less wealthy popu- fecting many State budgets, and that meaning given such term for purposes of lation, more than 300,000 people were downturn has contributed greatly to title XIX of the Social Security Act (42 enrolled in Medicaid last year. One in the growth of Medicaid for several U.S.C. 1396 et seq.). five individuals in the State now re- years now. SEC. 3. REPEAL. ceives health care services through We recognized this situation in the Effective as of October 1, 2006, section 2 is MaineCare, the State’s Medicaid pro- last Congress and provided for State repealed and shall not apply to any fiscal gram. fiscal relief by providing a temporary year after fiscal year 2006. States have experienced severe fiscal AMERICAN HOSPITAL ASSOCIATION, increase in the Federal Medicaid Washington, DC, March 28, 2005. stress during the last few years, with matching rate, which provided $10 bil- Hon. JEFF BINGAMAN, sharp declines in revenues and budget lion in fiscal relief to States during fis- U.S. Senate, shortfalls. This economic downturn, cal 2003 and 2004, when we passed the Washington, DC. from which many States are only now Jobs and Growth Tax Relief Reconcili- DEAR SENATOR BINGAMAN: On behalf of our emerging, has continued to leave many ation Act of 2003 but that temporary 4,700 hospital, health care system, and other families jobless and without health in- Federal fiscal relief has now ended. health care provider members, and our 31,000 surance, forcing to turn to Medicaid. This Congress has reached a budget individual members, the American Hospital This has put an enormous strain on the Association (AHA) is writing to express our agreement which, among its terms, support for your legislation to limit FY 2006 States such as Maine which are already calls for reductions of $10 billion in Medicaid federal medical assistance percent- strapped with budget shortfalls. Many Medicaid spending over the next 5 age (FMAP) reductions. States reduced Medicaid benefits last years. At this time, therefore, it is es- Recently the Bureau of Economic Affairs year and even more restricted Medicaid pecially crucial that we continue to in the Department of Commerce re- eligibility in an effort to satisfy their provide sufficient Federal matching benchmarked per capita income for states, budgetary obligations. funds for Medicaid, which has worked and the Centers for Medicare & Medicaid The formula for calculating the Fed- so well over the last 40 years. Our legis- Services (CMS) retroactively applied the eral matching rate, known as the Fed- changes. The Medicaid FMAP uses a three- lation is intended to be just a short year rolling average to smooth out dramatic eral Medical Assistance Percentage, term fix, for fiscal year 2006. It is my changes in the states’ matching rates from FMAP, which determines the Federal hope that we will see the creation of a year-to-year. By retroactively applying the Government’s share of Medicaid ex- Medicaid Commission to undertake a new benchmark, however, CMS undermined penditures, has contributed to the Med- comprehensive review of the Medicaid the rationale of the three-year rolling aver- icaid problems that States are facing. program and make recommendations age; therefore 22 states will see their FMAP The FMAP formula is designed so that on how to make Federal matching pay- drop by more than 0.5 percentage points in the Federal Government pays a larger ments more equitable with respect to FY 2006—a reduction of an estimated $752 portion of Medicaid costs in States million in FY 2006. About $550 million of this the States and the populations they is due to the retroactive recalculation. with a per capita income lower than serve, as well as how to make them The prospect of more Medicaid hospital the national average. Since Maine is a more responsive to changes in States’ payment reductions due to decreased federal relatively poor State with a dispropor- economic conditions.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9308 CONGRESSIONAL RECORD—SENATE May 11, 2005 However, today, states such as Maine SA 605 proposed by Mr. INHOFE to the bill amendment SA 605 proposed by Mr. INHOFE are facing dramatic and unpredictable H.R. 3, supra; which was ordered to lie on the to the bill H.R. 3, supra; which was ordered fluctuations to their State FMAP for- table. to lie on the table. mulas. This legislation would limit the SA 632. Mr. HATCH submitted an amend- SA 649. Mr. MARTINEZ (for himself and ment intended to be proposed to amendment Mr. NELSON, of Florida) submitted an amend- percentage decrease to a half percent- SA 605 proposed by Mr. INHOFE to the bill ment intended to be proposed to amendment age point for fiscal year 2006 and help H.R. 3, supra; which was ordered to lie on the SA 605 proposed by Mr. INHOFE to the bill mitigate the drastic effects that a se- table. H.R. 3, supra; which was ordered to lie on the vere loss Federal funding would have SA 633. Mrs. FEINSTEIN submitted an table. on our Medicaid population next year. amendment intended to be proposed to SA 650. Mr. PRYOR submitted an amend- I therefore urge my colleagues to join amendment SA 605 proposed by Mr. INHOFE ment intended to be proposed to amendment us supporting this legislation to help to the bill H.R. 3, supra; which was ordered SA 605 proposed by Mr. INHOFE to the bill sustain funding for Medicaid in fiscal to lie on the table. H.R. 3, supra; which was ordered to lie on the table. year 2006 to help ensure that this crit- SA 634. Mr. DAYTON (for himself, Mr. LUGAR, Mr. DURBIN, Mr. COLEMAN, Mr. HAR- SA 651. Mr. PRYOR submitted an amend- ical health care safety net remains in- KIN, Mr. GRASSLEY, Mr. BINGAMAN, and Mr. ment intended to be proposed to amendment tact next year for those who need it SALAZAR) submitted an amendment intended SA 605 proposed by Mr. INHOFE to the bill most. to be proposed to amendment SA 605 pro- H.R. 3, supra; which was ordered to lie on the f posed by Mr. INHOFE to the bill H.R. 3, supra; table. which was ordered to lie on the table. SA 652. Mr. DORGAN (for himself and Mr. AMENDMENTS SUBMITTED AND SA 635. Mr. BYRD submitted an amend- REID) submitted an amendment intended to PROPOSED ment intended to be proposed by him to the be proposed to amendment SA 605 proposed by Mr. INHOFE to the bill H.R. 3, supra. SA 619. Mr. LAUTENBERG submitted an bill H.R. 3, supra; which was ordered to lie on SA 653. Mr. DORGAN (for himself and Mr. amendment intended to be proposed to the table. CONRAD) submitted an amendment intended amendment SA 605 proposed by Mr. INHOFE SA 636. Mr. ENSIGN submitted an amend- to be proposed to amendment SA 605 pro- to the bill H.R. 3, to authorize funds for Fed- ment intended to be proposed to amendment posed by Mr. INHOFE to the bill H.R. 3, supra; eral-aid highways, highway safety programs, SA 605 proposed by Mr. INHOFE to the bill which was ordered to lie on the table. and transit programs, and for other purposes; H.R. 3, supra; which was ordered to lie on the SA 654. Mr. DORGAN (for himself, Mr. CON- which was ordered to lie on the table. table. RAD, Mr. BURNS, Mr. THUNE, Mr. JOHNSON, SA 620. Ms. LANDRIEU submitted an SA 637. Mr. COBURN submitted an amend- Mr. NELSON, of Nebraska, and Mr. SALAZAR) amendment intended to be proposed to ment intended to be proposed to amendment submitted an amendment intended to be pro- amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill posed to amendment SA 605 proposed by Mr. to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the INHOFE to the bill H.R. 3, supra; which was to lie on the table. table. SA 621. Ms. LANDRIEU submitted an SA 638. Mr. CARPER submitted an amend- ordered to lie on the table. SA 655. Mr. DORGAN submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment ment intended to be proposed to amendment amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the to lie on the table. table. table. SA 622. Ms. LANDRIEU submitted an SA 639. Mr. LAUTENBERG submitted an SA 656. Mr. DORGAN submitted an amend- amendment intended to be proposed to amendment intended to be proposed by him ment intended to be proposed to amendment amendment SA 605 proposed by Mr. INHOFE to the bill H.R. 3, supra; which was ordered SA 605 proposed by Mr. INHOFE to the bill to the bill H.R. 3, supra; which was ordered to lie on the table. H.R. 3, supra; which was ordered to lie on the to lie on the table. SA 640. Mr. CONRAD (for himself and Mr. table. SA 623. Ms. LANDRIEU submitted an ORGAN) submitted an amendment intended D SA 657. Mr. DORGAN submitted an amend- amendment intended to be proposed to to be proposed to amendment SA 605 pro- ment intended to be proposed to amendment amendment SA 605 proposed by Mr. INHOFE posed by Mr. INHOFE to the bill H.R. 3, supra; SA 605 proposed by Mr. INHOFE to the bill to the bill H.R. 3, supra; which was ordered which was ordered to lie on the table. to lie on the table. H.R. 3, supra; which was ordered to lie on the SA 641. Mr. CONRAD (for himself and Mr. table. SA 624. Mrs. MURRAY submitted an DORGAN) submitted an amendment intended amendment intended to be proposed to SA 658. Mr. BOND submitted an amend- to be proposed to amendment SA 605 pro- ment intended to be proposed to amendment amendment SA 605 proposed by Mr. INHOFE posed by Mr. INHOFE to the bill H.R. 3, supra; to the bill H.R. 3, supra; which was ordered SA 605 proposed by Mr. INHOFE to the bill which was ordered to lie on the table. H.R. 3, supra; which was ordered to lie on the to lie on the table. SA 642. Mr. CONRAD (for himself and Mr. SA 625. Mr. LAUTENBERG (for himself and table. DORGAN) submitted an amendment intended SA 659. Mr. DOMENICI submitted an Mr. DODD) submitted an amendment in- to be proposed to amendment SA 605 pro- tended to be proposed to amendment SA 605 amendment intended to be proposed to posed by Mr. INHOFE to the bill H.R. 3, supra; proposed by Mr. INHOFE to the bill H.R. 3, amendment SA 605 proposed by Mr. INHOFE which was ordered to lie on the table. to the bill H.R. 3, supra; which was ordered supra. SA 643. Mr. CONRAD (for himself and Mr. SA 626. Ms. MURKOWSKI submitted an to lie on the table. DORGAN) submitted an amendment intended amendment intended to be proposed to SA 660. Mr. CORNYN submitted an amend- to be proposed to amendment SA 605 pro- amendment SA 605 proposed by Mr. INHOFE ment intended to be proposed to amendment posed by Mr. INHOFE to the bill H.R. 3, supra; to the bill H.R. 3, supra; which was ordered SA 605 proposed by Mr. INHOFE to the bill which was ordered to lie on the table. to lie on the table. H.R. 3, supra; which was ordered to lie on the SA 627. Mr. GRASSLEY submitted an SA 644. Mr. BROWNBACK submitted an table. amendment intended to be proposed to amendment intended to be proposed to SA 661. Mr. CORNYN submitted an amend- amendment SA 605 proposed by Mr. INHOFE amendment SA 605 proposed by Mr. INHOFE ment intended to be proposed to amendment to the bill H.R. 3, supra; which was ordered to the bill H.R. 3, supra; which was ordered SA 605 proposed by Mr. INHOFE to the bill to lie on the table. to lie on the table. H.R. 3, supra; which was ordered to lie on the SA 628. Mrs. CLINTON submitted an SA 645. Mr. SANTORUM (for himself and table. amendment intended to be proposed to Mr. SPECTER) submitted an amendment in- SA 662. Mr. CORNYN submitted an amend- amendment SA 605 proposed by Mr. INHOFE tended to be proposed to amendment SA 605 ment intended to be proposed to amendment to the bill H.R. 3, supra; which was ordered proposed by Mr. INHOFE to the bill H.R. 3, SA 605 proposed by Mr. INHOFE to the bill to lie on the table. supra; which was ordered to lie on the table. H.R. 3, supra; which was ordered to lie on the SA 629. Mrs. BOXER submitted an amend- SA 646. Mr. SESSIONS submitted an table. ment intended to be proposed by her to the amendment intended to be proposed by him SA 663. Mr. CORNYN submitted an amend- bill H.R. 3, supra; which was ordered to lie on to the bill H.R. 3, supra; which was ordered ment intended to be proposed to amendment the table. to lie on the table. SA 605 proposed by Mr. INHOFE to the bill SA 630. Mr. KENNEDY (for himself and Mr. SA 647. Mr. SESSIONS submitted an H.R. 3, supra; which was ordered to lie on the KERRY) submitted an amendment intended amendment intended to be proposed to table. to be proposed to amendment SA 605 pro- amendment SA 605 proposed by Mr. INHOFE SA 664. Mr. CORNYN submitted an amend- posed by Mr. INHOFE to the bill H.R. 3, supra; to the bill H.R. 3, supra; which was ordered ment intended to be proposed to amendment which was ordered to lie on the table. to lie on the table. SA 605 proposed by Mr. INHOFE to the bill SA 631. Mr. BOND submitted an amend- SA 648. Mr. VOINOVICH submitted an H.R. 3, supra; which was ordered to lie on the ment intended to be proposed to amendment amendment intended to be proposed to table.

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SA 665. Mr. CORNYN submitted an amend- amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill ment intended to be proposed to amendment to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the SA 605 proposed by Mr. INHOFE to the bill to lie on the table. table. H.R. 3, supra; which was ordered to lie on the SA 682. Mr. INOUYE submitted an amend- SA 699. Mr. COBURN submitted an amend- table. ment intended to be proposed to amendment ment intended to be proposed to amendment SA 666. Mr. SPECTER submitted an SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill amendment intended to be proposed to H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the amendment SA 605 proposed by Mr. INHOFE table. table. to the bill H.R. 3, supra; which was ordered SA 683. Mr. WARNER submitted an amend- SA 700. Mr. COBURN submitted an amend- to lie on the table. ment intended to be proposed to amendment ment intended to be proposed to amendment SA 667. Mr. LOTT submitted an amend- SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill ment intended to be proposed to amendment H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the SA 605 proposed by Mr. INHOFE to the bill table. table. H.R. 3, supra; which was ordered to lie on the SA 684. Mr. STEVENS submitted an SA 701. Mr. COBURN submitted an amend- table. amendment intended to be proposed to ment intended to be proposed to amendment SA 668. Mr. OBAMA submitted an amend- amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill ment intended to be proposed to amendment to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the SA 605 proposed by Mr. INHOFE to the bill to lie on the table. table. H.R. 3, supra; which was ordered to lie on the SA 685. Mr. STEVENS submitted an SA 702. Mr. COBURN submitted an amend- table. amendment intended to be proposed to ment intended to be proposed to amendment SA 669. Mr. DURBIN submitted an amend- amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill ment intended to be proposed to amendment to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the SA 605 proposed by Mr. INHOFE to the bill to lie on the table. table. H.R. 3, supra; which was ordered to lie on the SA 686. Mr. WARNER submitted an amend- SA 703. Mr. COBURN submitted an amend- table. ment intended to be proposed to amendment ment intended to be proposed to amendment SA 670. Mr. OBAMA (for himself, Mr. COLE- SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill MAN, Mr. LUGAR, Mr. DURBIN, Mr. HARKIN, H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the Mr. SALAZAR, Mr. BAYH, Mr. TALENT, and Mr. table. table. DAYTON) submitted an amendment intended SA 687. Mrs. HUTCHISON submitted an SA 704. Mr. VOINOVICH submitted an to be proposed to amendment SA 605 pro- amendment intended to be proposed to amendment intended to be proposed to posed by Mr. INHOFE to the bill H.R. 3, supra; amendment SA 605 proposed by Mr. INHOFE amendment SA 605 proposed by Mr. INHOFE which was ordered to lie on the table. to the bill H.R. 3, supra; which was ordered to the bill H.R. 3, supra; which was ordered SA 671. Mr. OBAMA submitted an amend- to lie on the table. to lie on the table. ment intended to be proposed to amendment SA 688. Mr. ALLARD submitted an amend- SA 705. Ms. SNOWE (for herself and Ms. SA 605 proposed by Mr. INHOFE to the bill ment intended to be proposed to amendment COLLINS) submitted an amendment intended H.R. 3, supra; which was ordered to lie on the SA 605 proposed by Mr. INHOFE to the bill to be proposed to amendment SA 605 pro- table. H.R. 3, supra; which was ordered to lie on the posed by Mr. INHOFE to the bill H.R. 3, supra; SA 672. Mr. NELSON, of Florida (for him- table. which was ordered to lie on the table. self, Mr. MARTINEZ, and Mr. CORNYN) sub- SA 689. Mrs. CLINTON (for herself and Mr. SA 706. Ms. SNOWE submitted an amend- mitted an amendment intended to be pro- SCHUMER) submitted an amendment intended ment intended to be proposed to amendment posed to amendment SA 605 proposed by Mr. to be proposed to amendment SA 605 pro- SA 605 proposed by Mr. INHOFE to the bill INHOFE to the bill H.R. 3, supra; which was posed by Mr. INHOFE to the bill H.R. 3, supra; H.R. 3, supra; which was ordered to lie on the ordered to lie on the table. which was ordered to lie on the table. table. SA 673. Mr. AKAKA (for himself and Mr. SA 690. Mr. WYDEN submitted an amend- SA 707. Mr. GRASSLEY submitted an ALEXANDER) submitted an amendment in- ment intended to be proposed to amendment amendment intended to be proposed to tended to be proposed to amendment SA 605 SA 605 proposed by Mr. INHOFE to the bill amendment SA 605 proposed by Mr. INHOFE proposed by Mr. INHOFE to the bill H.R. 3, H.R. 3, supra; which was ordered to lie on the to the bill H.R. 3, supra; which was ordered supra; which was ordered to lie on the table. table. to lie on the table. SA 674. Mr. SCHUMER (for himself, Mr. SA 691. Mr. WYDEN submitted an amend- SA 708. Mr. SANTORUM submitted an KENNEDY, Mrs. CLINTON, Mr. LEVIN, and Mr. ment intended to be proposed to amendment amendment intended to be proposed to SARBANES) submitted an amendment in- SA 605 proposed by Mr. INHOFE to the bill amendment SA 605 proposed by Mr. INHOFE tended to be proposed to amendment SA 605 H.R. 3, supra; which was ordered to lie on the to the bill H.R. 3, supra; which was ordered proposed by Mr. INHOFE to the bill H.R. 3, table. to lie on the table. supra; which was ordered to lie on the table. SA 692. Mrs. CLINTON submitted an SA 709. Ms. COLLINS (for herself and Ms. SA 675. Mrs. BOXER submitted an amend- amendment intended to be proposed to SNOWE) submitted an amendment intended ment intended to be proposed by her to the amendment SA 605 proposed by Mr. INHOFE to be proposed to amendment SA 605 pro- bill H.R. 3, supra; which was ordered to lie on to the bill H.R. 3, supra; which was ordered posed by Mr. INHOFE to the bill H.R. 3, supra; the table. to lie on the table. which was ordered to lie on the table. SA 676. Mr. FEINGOLD submitted an SA 693. Mr. DODD submitted an amend- SA 710. Ms. SNOWE submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment ment intended to be proposed to amendment amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the to lie on the table. table. table. SA 677. Mr. LEVIN submitted an amend- SA 694. Mr. SALAZAR submitted an SA 711. Mr. HATCH submitted an amend- ment intended to be proposed to amendment amendment intended to be proposed to ment intended to be proposed to amendment SA 605 proposed by Mr. INHOFE to the bill amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill H.R. 3, supra; which was ordered to lie on the to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the table. to lie on the table. table. SA 678. Mr. LEVIN (for himself and Ms. SA 695. Mr. FEINGOLD submitted an SA 712. Mr. NELSON, of Nebraska sub- STABENOW) submitted an amendment in- amendment intended to be proposed to mitted an amendment intended to be pro- tended to be proposed to amendment SA 605 amendment SA 605 proposed by Mr. INHOFE posed to amendment SA 605 proposed by Mr. proposed by Mr. INHOFE to the bill H.R. 3, to the bill H.R. 3, supra; which was ordered INHOFE to the bill H.R. 3, supra; which was supra; which was ordered to lie on the table. to lie on the table. ordered to lie on the table. SA 679. Mr. LAUTENBERG submitted an SA 696. Mr. SARBANES submitted an SA 713. Mr. BAUCUS submitted an amend- amendment intended to be proposed to amendment intended to be proposed to ment intended to be proposed to amendment amendment SA 605 proposed by Mr. INHOFE amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill to the bill H.R. 3, supra; which was ordered to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the to lie on the table. to lie on the table. table. SA 680. Mr. KERRY (for himself and Mr. SA 697. Mr. MARTINEZ submitted an SA 714. Mr. BAUCUS submitted an amend- KENNEDY) submitted an amendment intended amendment intended to be proposed to ment intended to be proposed to amendment to be proposed to amendment SA 605 pro- amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill posed by Mr. INHOFE to the bill H.R. 3, supra; to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the which was ordered to lie on the table. to lie on the table. table. SA 681. Mrs. CLINTON submitted an SA 698. Mr. COBURN submitted an amend- SA 715. Mr. GREGG submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment ment intended to be proposed by him to the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9310 CONGRESSIONAL RECORD—SENATE May 11, 2005 bill H.R. 3, supra; which was ordered to lie on SA 732. Mr. DODD submitted an amend- or the equivalent grams of alcohol per 210 li- the table. ment intended to be proposed to amendment ters of breath. SA 716. Mr. GREGG submitted an amend- SA 605 proposed by Mr. INHOFE to the bill ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING ment intended to be proposed by him to the H.R. 3, supra; which was ordered to lie on the UNDER THE INFLUENCE.—The terms ‘driving bill H.R. 3, supra; which was ordered to lie on table. while intoxicated’ and ‘driving under the in- the table. SA 733. Mr. ALEXANDER (for himself, Mr. fluence’ mean driving or being in actual SA 717. Mrs. CLINTON submitted an GRAHAM, Mr. BURR, and Mr. AKAKA) sub- physical control of a motor vehicle while amendment intended to be proposed to mitted an amendment intended to be pro- having a blood alcohol concentration above amendment SA 605 proposed by Mr. INHOFE posed to amendment SA 605 proposed by Mr. the permitted limit as established by each to the bill H.R. 3, supra; which was ordered INHOFE to the bill H.R. 3, supra; which was State. to lie on the table. ordered to lie on the table. ‘‘(3) HIGHER-RISK IMPAIRED DRIVER LAW.— SA 718. Mr. STEVENS submitted an SA 734. Mr. DURBIN submitted an amend- ‘‘(A) IN GENERAL.—The term ‘higher-risk amendment intended to be proposed to ment intended to be proposed to amendment impaired driver law’ means a State law that amendment SA 605 proposed by Mr. INHOFE SA 605 proposed by Mr. INHOFE to the bill provides, as a minimum penalty, that— to the bill H.R. 3, supra; which was ordered H.R. 3, supra; which was ordered to lie on the ‘‘(i) an individual described in subpara- to lie on the table. table. graph (B) shall— SA 719. Mr. MCCAIN submitted an amend- SA 735. Mr. DORGAN submitted an amend- ‘‘(I) receive a driver’s license suspension; ment intended to be proposed to amendment ment intended to be proposed to amendment ‘‘(II)(aa) have the motor vehicle driven at SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill the time of arrest impounded or immobilized H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the for not less than 45 days; and table. table. ‘‘(bb) for the remainder of the license sus- SA 720. Mr. MCCAIN submitted an amend- SA 736. Mr. DORGAN submitted an amend- pension period, be required to install a cer- ment intended to be proposed to amendment ment intended to be proposed to amendment tified alcohol ignition interlock device on SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill the vehicle; H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the ‘‘(III)(aa) be subject to an assessment by a table. table. certified substance abuse official of the SA 721. Mr. LOTT submitted an amend- SA 737. Mr. INHOFE submitted an amend- State that assesses the degree of abuse of al- ment intended to be proposed to amendment ment intended to be proposed to amendment cohol by the individual; and SA 605 proposed by Mr. INHOFE to the bill SA 605 proposed by Mr. INHOFE to the bill ‘‘(bb) be assigned to a treatment program H.R. 3, supra; which was ordered to lie on the H.R. 3, supra; which was ordered to lie on the or impaired driving education program, as table. table. determined by the assessment; and SA 722. Ms. CANTWELL submitted an SA 738. Mr. KYL submitted an amendment ‘‘(IV) be imprisoned for not less than 10 amendment intended to be proposed to intended to be proposed to amendment SA days, or have an electronic monitoring de- amendment SA 605 proposed by Mr. INHOFE 605 proposed by Mr. INHOFE to the bill H.R. 3, vice for not less than 100 days; and to the bill H.R. 3, supra; which was ordered supra; which was ordered to lie on the table. ‘‘(ii) an individual who is convicted of driv- to lie on the table. SA 739. Mr. COBURN submitted an amend- ing while intoxicated or driving under the in- SA 723. Mr. CARPER submitted an amend- ment intended to be proposed to amendment fluence with a blood alcohol concentration ment intended to be proposed to amendment SA 605 proposed by Mr. INHOFE to the bill level of 0.15 percent or greater shall— SA 605 proposed by Mr. INHOFE to the bill H.R. 3, supra; which was ordered to lie on the ‘‘(I) receive a driver’s license suspension; H.R. 3, supra; which was ordered to lie on the table. and table. SA 740. Mr. SHELBY submitted an amend- ‘‘(II)(aa) be subject to an assessment by a SA 724. Mrs. HUTCHISON submitted an ment intended to be proposed to amendment certified substance abuse official of the amendment intended to be proposed to SA 605 proposed by Mr. INHOFE to the bill State that assesses the degree of abuse of al- amendment SA 605 proposed by Mr. INHOFE H.R. 3, supra; which was ordered to lie on the cohol by the individual; and to the bill H.R. 3, supra; which was ordered table. ‘‘(bb) be assigned to a treatment program to lie on the table. SA 741. Mr. SHELBY submitted an amend- or impaired driving education program, as SA 725. Mr. SANTORUM (for himself and ment intended to be proposed to amendment determined by the assessment. Mr. SPECTER) submitted an amendment in- SA 605 proposed by Mr. INHOFE to the bill ‘‘(B) COVERED INDIVIDUALS.—An individual tended to be proposed to amendment SA 605 H.R. 3, supra; which was ordered to lie on the referred to in subparagraph (A)(i) is an indi- proposed by Mr. INHOFE to the bill H.R. 3, table. vidual who— supra; which was ordered to lie on the table. SA 742. Mr. INHOFE (for Mr. TALENT (for ‘‘(i) is convicted of a second or subsequent SA 726. Mr. INHOFE (for himself, Mr. himself and Mr . DODD)) proposed an amend- offense for driving while intoxicated or driv- BAYH, Mr. WARNER, Mr. JEFFORDS, Mr. ment to amendment SA 605 proposed by Mr. ing under the influence within a period of 10 LUGAR, Mrs. CLINTON, Mr. CHAFEE, Mr. INHOFE to the bill H.R. 3, supra. consecutive years; OBAMA, Ms. LANDRIEU, and Mr. VOINOVICH) f ‘‘(ii) is convicted of a driving-while-sus- submitted an amendment intended to be pro- pended offense, if the suspension was the re- posed to amendment SA 605 proposed by Mr. TEXT OF AMENDMENTS sult of a conviction for driving under the in- INHOFE to the bill H.R. 3, supra; which was SA 619. Mr. LAUTENBERG sub- fluence; or ordered to lie on the table. mitted an amendment intended to be ‘‘(iii) refuses a blood alcohol concentration SA 727. Ms. SNOWE submitted an amend- test while under arrest or investigation for ment intended to be proposed to amendment proposed to amendment SA 605 pro- involvement in a fatal or serious injury SA 605 proposed by Mr. INHOFE to the bill posed by Mr. INHOFE to the bill H.R. 3, crash. H.R. 3, supra; which was ordered to lie on the to authorize funds for Federal-aid high- ‘‘(4) LICENSE SUSPENSION.—The term ‘li- table. ways, highway safety programs, and cense suspension’ means, for a period of not SA 728. Mrs. CLINTON (for herself and Mr. transit programs, and for other pur- less than 1 year— SCHUMER) submitted an amendment intended poses; which was ordered to lie on the ‘‘(A) the suspension of all driving privi- to be proposed to amendment SA 605 pro- table; as follows: leges of an individual for the duration of the posed by Mr. INHOFE to the bill H.R. 3, supra; suspension period; or which was ordered to lie on the table. Strike section 1403 and insert the fol- ‘‘(B) a combination of suspension of all SA 729. Mr. VOINOVICH (for himself and lowing: driving privileges of an individual for the Mr. DEWINE) submitted an amendment in- SEC. 1403. INCREASED PENALTIES FOR HIGHER- first 45 days of the suspension period, fol- tended to be proposed to amendment SA 605 RISK DRIVERS DRIVING WHILE IN- lowed by reinstatement of limited driving TOXICATED OR DRIVING UNDER THE proposed by Mr. INHOFE to the bill H.R. 3, privileges requiring the individual to operate INFLUENCE. supra; which was ordered to lie on the table. only motor vehicles equipped with an igni- (a) IN GENERAL.—Section 164 of title 23, SA 730. Mr. REED (for himself and Mr. tion interlock system or other device ap- United States Code, is amended to read as CHAFEE) submitted an amendment intended proved by the Secretary during the remain- follows: to be proposed to amendment SA 605 pro- der of the suspension period. posed by Mr. INHOFE to the bill H.R. 3, supra; ‘‘§ 164. Increased penalties for higher-risk ‘‘(5) MOTOR VEHICLE.— which was ordered to lie on the table. drivers driving while intoxicated or driving ‘‘(A) IN GENERAL.—The term ‘motor vehi- SA 731. Mr. REED (for himself and Mr. under the influence cle’ means a vehicle driven or drawn by me- CHAFEE) submitted an amendment intended ‘‘(a) DEFINITIONS.—In this section: chanical power and manufactured primarily to be proposed to amendment SA 605 pro- ‘‘(1) BLOOD ALCOHOL CONCENTRATION.—The for use on public highways. posed by Mr. INHOFE to the bill H.R. 3, supra; term ‘blood alcohol concentration’ means ‘‘(B) EXCLUSIONS.—The term ‘motor vehi- which was ordered to lie on the table. grams of alcohol per 100 milliliters of blood cle’ does not include—

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‘‘(i) a vehicle operated solely on a rail line; (b) CONTENTS.—The study shall address— (c) CONTENTS.—The comprehensive plan or (1) the degree to which well-designed trans- shall— ‘‘(ii) a commercial vehicle. portation projects— (1) consider, on a region-by-region basis, ‘‘(b) TRANSFER OF FUNDS.— (A) have positive economic, cultural, aes- the extent to which coastal areas may be af- ‘‘(1) IN GENERAL.—Except as provided in thetic, scenic, architectural, and environ- fected by a disaster; and paragraph (2), on October 1, 2008, and each mental benefits for communities; (2) address, at a minimum— October 1 thereafter, if a State has not en- (B) protect and contribute to improve- (A) all practical modes of transportation acted or is not enforcing a higher-risk im- ments in public health and safety; and available for evacuations; paired driver law, the Secretary shall trans- (C) use inclusive public participation proc- (B) methods of communicating evacuation fer an amount equal to 3 percent of the funds esses to achieve quicker, more certain, and plans and preparing citizens in advance of apportioned to the State on that date under better results; evacuations; paragraphs (1), (3), and (4) of section 104(b) to (2) the degree to which positive results are (C) methods of coordinating communica- the apportionment of the State under sec- achieved by linking transportation, design, tion with evacuees during plan execution; tion 402 to be used in accordance with sec- and the implementation of community vi- (D) precise methods for mass evacuations tion 402(a)(3) only to carry out impaired driv- sions for the future; and caused by disasters such as hurricanes, flash ing programs. (3) methods of facilitating the use of suc- flooding, and tsunamis; and ‘‘(2) NATIONWIDE TRAFFIC SAFETY CAM- cessful models or best practices in transpor- (E) recommended policies, strategies, pro- PAIGNS.—The Secretary shall— tation investment or development to accom- grams, and activities that could improve dis- ‘‘(A) reserve 25 percent of the funds that plish— aster-related evacuations. would otherwise be transferred to States for (A) enhancement of community identity; (d) REPORT AND UPDATES.—The Secretaries a fiscal year under paragraph (1); and (B) protection of public health and safety; shall— ‘‘(B) use the reserved funds to make law (C) provision of a variety of choices in (1) not later than October 1, 2006, submit to enforcement grants, in connection with na- housing, shopping, transportation, employ- Congress the written comprehensive plan; tionwide traffic safety campaigns, to be used ment, and recreation; and in accordance with section 402(a)(3).’’. (D) preservation and enhancement of exist- (2) periodically thereafter, but not less (b) CONFORMING AMENDMENT.—The analysis ing infrastructure; and often than every 5 years, update, and submit for subchapter I of chapter 1 of title 23, (E) creation of a greater sense of commu- to Congress any revision to, the plan. United States Code, is amended by striking nity through public involvement. the item relating to section 164 and inserting (c) ADMINISTRATION.— SA 623. Ms. LANDRIEU submitted an the following: (1) IN GENERAL.—To carry out this section, amendment intended to be proposed to ‘‘164. Increased penalties for higher-risk the Secretary shall make a grant to, or enter amendment SA 605 proposed by Mr. drivers driving while intoxi- into a cooperative agreement or contract INHOFE to the bill H.R. 3, to authorize cated or driving under the in- with, a national organization with expertise funds for Federal-aid highways, high- fluence.’’. in the design of a wide range of transpor- way safety programs, and transit pro- tation and infrastructure projects, including grams, and for other purposes; which SA 620. Ms. LANDRIEU submitted an the design of buildings, public facilities, and surrounding communities. was ordered to lie on the table; as fol- amendment intended to be proposed to lows: amendment SA 605 proposed by Mr. (2) FEDERAL SHARE.—Notwithstanding sec- tion 1221(e)(2) of the Transportation Equity At the end of subtitle H of title I, add the INHOFE to the bill H.R. 3, to authorize Act for the 21st Century (23 U.S.C. 101 note), following: funds for Federal-aid highways, high- the Federal share of the cost of the study SEC. 18ll. FINISH PROGRAM. way safety programs, and transit pro- under this section shall be 100 percent. (a) IN GENERAL.—Subtitle I of chapter 1 of grams, and for other purposes; which (d) REPORT.—Not later than September 20, title 23, United States Code (as amended by was ordered to lie on the table; as fol- 2006, the Secretary shall submit to the Com- section 1409(a)), is amended by adding at the lows: mittee on Transportation and Infrastructure end the following: of the House of Representatives and the ‘‘§ 180. FINISH program On page 407, strike line 13 and insert the Committee on Environment and Public following: ‘‘(a) IN GENERAL.—The Secretary shall es- Works of the Senate a report on the results tablish and carry out a program, to be (3)(A) that traverse at least 3 States; of the study under this section. (B) that are connected to a corridor that known as the ‘FINISH program’, under which (e) AUTHORIZATION.—Of the amounts made the Secretary shall apportion funds to States traverses at least 3 States by— available to carry out section 1221 of the (i) less than 215 miles; and for use in the acceleration and completion of Transportation Equity Act for the 21st Cen- coordinated planning, design, and construc- (ii) a single Interstate Route; or tury (23 U.S.C. 101 note), $1,000,000 shall be (C) that— tion of internationally significant highway available for each of fiscal years 2005 and 2006 projects, as determined by the Secretary. (i) are less than 75 miles; and to carry out this section. (ii) connect to a corridor that is otherwise ‘‘(b) ELIGIBLE PROJECTS.—The Secretary eligible under this subsection; and shall apportion funds under this section for SA 622. Ms. LANDRIEU submitted an highway projects described in subsection (a) amendment intended to be proposed to Ms. LANDRIEU submitted an that are located on any of the high priority SA 621. amendment SA 605 proposed by Mr. amendment intended to be proposed to corridors described in paragraphs (1) and (37), INHOFE to the bill H.R. 3, to authorize (18) and (20), (23), (26), (38), or (44) of section amendment SA 605 proposed by Mr. funds for Federal-aid highways, high- 1105(c) of the Intermodal Surface Transpor- INHOFE to the bill H.R. 3, to authorize way safety programs, and transit pro- tation Efficiency Act of 1991 (105 Stat. 2032), funds for Federal-aid highways, high- grams, and for other purposes; which as determined by the applicable State and way safety programs, and transit pro- was ordered to lie on the table; as fol- approved by the Secretary. grams, and for other purposes; which ‘‘(c) APPORTIONMENT.—For each of fiscal lows: was ordered to lie on the table; as fol- years 2005 through 2009, the Secretary shall lows: At the end of subtitle H of title I, add the apportion funds made available under this following: section for the fiscal year to each State in At the end of subtitle H of title I, add the SEC.ll. COMPREHENSIVE COASTAL EVACU- the proportion that, as determined by the following: ATION PLAN. applicable State and approved by the Sec- SEC. 18ll. COMMUNITY ENHANCEMENT STUDY. (a) IN GENERAL.—The Secretary of Trans- retary— (a) IN GENERAL.—The Secretary shall con- portation and the Secretary of Homeland Se- ‘‘(1) the estimated amount that may be ob- duct a study on— curity (referred to in this section as the ligated for the fiscal year for the completion (1) the role of well-designed transportation ‘‘Secretaries’’) shall jointly develop a writ- of the eligible projects described in sub- projects in— ten comprehensive plan for evacuation of the section (b) in the State; bears to (A) promoting economic development; coastal areas of the United States during ‘‘(2) the total estimated amount that may (B) protecting public health, safety, and any natural or man-made disaster that af- be obligated for the fiscal year for the com- the environment; and fects coastal populations. pletion of eligible projects described in sub- (C) enhancing the architectural design and (b) CONSULTATION.—In developing the com- section (b) in all States.’’. planning of communities; and prehensive plan, the Secretaries shall con- (b) CONFORMING AMENDMENT.—The analysis (2) the positive economic, cultural, aes- sult with Federal, State, and local transpor- for subchapter I of chapter 1 of title 23, thetic, scenic, architectural, and environ- tation and emergency management officials United States Code (as amended by section mental benefits of those projects for commu- that have been involved with disaster related 1409(b)), is amended by adding at the end the nities. evacuations. following:

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Mr. MURRAY submitted an exceed $50,000,000; of a motorcycle if any individual on the mo- amendment intended to be proposed to (3) amounts made available from the Fund torcycle is not wearing a motorcycle helmet, amendment SA 605 proposed by Mr. may be applied toward the replacement costs the Secretary shall transfer 1.5 percent of INHOFE to the bill H.R. 3, to authorize of a new alternative structure for the Via- the funds apportioned to the State for fiscal funds for Federal-aid highways, high- duct, as provided for under existing Federal year 2009 under each of subsections (b)(1), (b)(3), and (b)(4) of section 104 to the appor- way safety programs, and transit pro- Highway Administration regulations; and (4) if amounts from the Fund are to be used tionment of the State under section 402. grams, and for other purposes; which toward the replacement costs of a new alter- ‘‘(2) FISCAL YEAR 2010 AND THEREAFTER.—If, was ordered to lie on the table; as fol- native structure for the Viaduct under para- at any time in fiscal year beginning after lows: graph (3)— September 30, 2008, a State does not have in At the end of subtitle H of title I, add the (A) the State and the City shall examine effect and is not enforcing a law described in following: all available capital financing opportunities paragraph (1), the Secretary shall transfer 3 SEC. 18ll. ALASKA WAY VIADUCT STUDY. available under Federal guidelines, includ- percent of the funds apportioned to the State for the succeeding fiscal year under each of (a) FINDINGS.—Congress finds that— ing— (1) in 2001, the Alaska Way Viaduct, a crit- (i) funding under subchapter II of chapter 1 subsections (b)(1), (b)(3), and (b)(4) of section ical segment of the National Highway Sys- of title 23, United States Code; 104 to the apportionment of the State under tem in Seattle, Washington, was seriously (ii) funding through a State infrastructure section 402. damaged by the Nisqually earthquake; bank; ‘‘(3) APPLICABLE PROVISIONS.—Paragraphs (3), (4), and (5) of subsection (h) shall apply (2) an effort to address the possible repair, (iii) user fees (including tolls); to obligations transferred under this sub- retrofit, or replacement of the Alaska Way (iv) design-build arrangements; and section.’’. Viaduct that conforms with the National En- (v) private financing; vironmental Policy Act of 1969 (42 U.S.C. 4321 (B) the State and the City shall explore cost-saving opportunities that may be avail- SA 626. Ms. MURKOWSKI submitted et seq.) is underway; and an amendment intended to be proposed (3) as a result of the efforts referred to in able by coordinating the Viaduct replace- paragraph (1), a locally preferred alternative ment project and any seawall replacement to amendment SA 605 proposed by Mr. for the Alaska Way Viaduct is being devel- project for the City; and INHOFE to the bill H.R. 3, to authorize oped. (C) usual and reasonable finance costs in- funds for Federal-aid highways, high- (b) DEFINITIONS.—In this section: curred by the State and the City shall, con- way safety programs, and transit pro- (1) ADMINISTRATOR.—The term ‘‘Adminis- sistent with existing Federal Highway Ad- grams, and for other purposes; which trator’’ means the Administrator of the Fed- ministration regulations, be considered to be was ordered to lie on the table; as fol- eral Highway Administration. eligible expenditures under section 125 of lows: title 23, United States Code. (2) CITY.—The term ‘‘City’’ means the city On page 267, strike lines 1 through 14 and of Seattle, Washington. SA 625. Mr. LAUTENBERG (for him- insert the following: (3) EARTHQUAKE.—The term ‘‘earthquake’’ (4) by redesignating subparagraphs (D) and means the Nisqually earthquake of 2001. self and Mr. DODD) submitted an (E) as subparagraphs (F) and (G), respec- (4) FUND.—The term ‘‘Fund’’ means the amendment intended to be proposed to tively; and emergency fund authorized under section 125 amendment SA 605 proposed by Mr. (5) by inserting after subparagraph (C) the of title 23, United States Code. INHOFE to the bill H.R. 3, to authorize following: (5) STATE.—The term ‘‘State’’ means the funds for Federal-aid highways, high- ‘‘(D) ADDITIONAL ADJUSTMENT FOR PM 2.5 Washington State Department of Transpor- way safety programs, and transit pro- AREAS.—If, in addition to being designated as tation. a nonattainment or maintenance area for (6) VIADUCT.—The term ‘‘Viaduct’’ means grams, and for other purposes; which was ordered to lie on the table; as fol- ozone or carbon monoxide, or both as de- the Alaska Way Viaduct. scribed in section 149(b), any county within (c) STUDY.— lows: the area was also designated under the PM– (1) IN GENERAL.—As soon as practicable At the end of subtitle D of title I, add the 2.5 standard as a nonattainment or mainte- after the date of enactment of this Act, the following: nance area, the weighted nonattainment or Administrator, in cooperation with the State SEC. ll. UNIVERSAL HELMET SAFETY STAND- maintenance area population of those coun- and the City, shall conduct a comprehensive ARD FOR OPERATION OF MOTOR- ties shall be further multiplied by a factor of study to determine the specific damage to CYCLES. 1.2. the Viaduct from the earthquake that con- Section 153 of title 23, United States Code, ‘‘(E) USE OF FUNDS FOR COARSE PARTICU- tribute to the ongoing degradation of the Vi- is amended— LATE MATTER.—Nothing in this paragraph aduct. (1) in subsection (a), by striking ‘‘fiscal precludes the use by a State of funds made (2) REQUIREMENTS.—The study under para- year—’’ and all that follows through ‘‘(2) a available under this paragraph to address air graph (1) shall— law’’ and inserting ‘‘fiscal year a law’’; pollution caused by coarse particulate mat- (A) identify any repair, retrofit, and re- (2) in subsection (f)— ter (PM10).’’. placement costs for the Viaduct that are eli- (A) in paragraph (2), by striking ‘‘fiscal gible for additional assistance from the year—’’ and all that follows through ‘‘(B) had SA 627. Mr. GRASSLEY submitted an Fund, consistent with the emergency relief in effect at all times a State law described in amendment intended to be proposed to manual governing eligible expenses from the subsection (a)(2)’’ and inserting ‘‘fiscal year amendment SA 605 proposed by Mr. Fund; and had in effect at all times a State law de- INHOFE to the bill H.R. 3, to authorize (B) determine the amount of assistance scribed in subsection (a)’’; and funds for Federal-aid highways, high- from the Fund for which the Viaduct is eligi- (B) in paragraph (3), by striking ‘‘fiscal ble. year—’’ and all that follows through ‘‘(B) had way safety programs, and transit pro- (3) REPORT.—Not later than 180 days after in effect at all times a State law described in grams, and for other purposes; which the date of enactment of this Act, the Ad- subsection (a)(2)’’ and inserting ‘‘fiscal year was ordered to lie on the table; as fol- ministrator shall submit to Congress a re- had in effect at all times a State law de- lows: port that describes the findings of the study. scribed in subsection (a)’’; At the end of part I of subtitle B of title V, (d) ASSISTANCE FROM THE EMERGENCY RE- (3) in subsection (h)— add the following: LIEF PROGRAM.—If the study indicates that (A) in paragraph (1), by striking ‘‘sub- SEC. 5204. VOLUMETRIC EXCISE TAX CREDIT FOR the Viaduct is eligible for assistance from section (a)(2)’’ and inserting ‘‘subsection ALTERNATIVE FUELS. the Fund, the assistance shall be made avail- (a)’’; and (a) IMPOSITION OF TAX.— able for the Viaduct subject to the condi- (B) in paragraph (2), by striking ‘‘sub- (1) IN GENERAL.—Section 4081(a)(2)(A) (re- tions that— section (a)(2)’’ and inserting ‘‘subsection lating to rates of tax), as amended by section (1) the amount of assistance provided from (a)’’; 5611 of this Act, is amended— the Fund shall not exceed— (4) by redesignating subsections (i), (j), and (A) by striking ‘‘and’’ at the end of clause (A) 50 percent of the cost of a new com- (k) as subsections (j), (k), and (l), respec- (ii), parable replacement structure for the Via- tively; and (B) by striking the period at the end of duct; or (5) by inserting after subsection (h) the fol- clause (iii), and (B) if the study determines that repair or lowing: (C) by adding at the end the following new retrofit of the Viaduct is feasible, 86.5 per- ‘‘(i) MOTORCYCLE HELMET USE LAWS.— clauses: cent of the cost of repair or retrofit of the ‘‘(1) FISCAL YEAR 2009.—If, at any time in ‘‘(iv) in the case of liquefied petroleum gas Viaduct; fiscal year 2008, a State does not have in ef- and P Series Fuels, 18.3 cents per gallon,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9313 ‘‘(v) in the case of compressed natural gas to credit for alcohol fuel and biodiesel mix- use, or removal for any period after Decem- and hydrogen, 18.3 cents per energy equiva- tures) is amended by redesignating sub- ber 31, 2005. lent of a gallon of gasoline, and sections (d) and (e) as subsections (f) and (g) ‘‘(vi) in the case of liquefied natural gas, and by inserting after subsection (c) the fol- SA 628. Mrs. CLINTON submitted an any liquid fuel derived from coal (including lowing new subsection: amendment intended to be proposed to peat), and liquid hydrocarbons derived from ‘‘(d) ALTERNATIVE FUEL CREDIT.— amendment SA 605 proposed by Mr. biomass (as defined in section 29(c)(3)), 24.3 ‘‘(1) IN GENERAL.—For purposes of this sec- tion, the alternative fuel credit is the prod- INHOFE to the bill H.R. 3, to authorize cents per gallon.’’. funds for Federal-aid highways, high- (2) TREATMENT OF ALTERNATIVE FUEL AS uct of 50 cents and the number of gallons of TAXABLE FUEL.— an alternative fuel or gasoline gallon equiva- way safety programs, and transit pro- (A) IN GENERAL.—Section 4083(a)(1) (defin- lents of a nonliquid alternative fuel sold by grams, and for other purposes; which ing taxable fuel) is amended— the taxpayer for use as a motor fuel in a was ordered to lie on the table; as fol- (i) by striking ‘‘and’’ at the end of subpara- highway vehicle. lows: ‘‘(2) ALTERNATIVE FUEL.—For purposes of graph (B), On page 439, line 3, insert ‘‘and the Na- this section, the term ‘alternative fuel’ has (ii) by striking the period at the end of tional Center for Earthquake Engineering the meaning given such term by section subparagraph (C) and inserting ‘‘, and’’, and Research at the University of Buffalo,’’ after 4083(a)(4), except such term does not include (iii) by adding at the end the following new ‘‘Reno,’’. subparagraph: ethanol or methanol. ‘‘(3) GASOLINE GALLON EQUIVALENT.—For ‘‘(D) alternative fuel.’’. SA 629. Mrs. BOXER submitted an (B) DEFINITION.—Section 4083(a) is amended purposes of this subsection, the term ‘gaso- line gallon equivalent’ means, with respect amendment intended to be proposed by by adding at the end the following new para- her to the bill H.R. 3, to authorize graph: to any nonliquid alternative fuel, the funds for Federal-aid highways, high- ‘‘(4) ALTERNATIVE FUEL.—The term ‘alter- amount of such fuel having a Btu content of native fuel’ means— 124,800 (higher heating value). way safety programs, and transit pro- ‘‘(A) compressed or liquefied natural gas, ‘‘(4) TERMINATION.—This subsection shall grams, and for other purposes; which ‘‘(B) liquefied petroleum gas, not apply to any sale, use, or removal for was ordered to lie on the table; as fol- ‘‘(C) P Series Fuels (as defined by the Sec- any period after December 31, 2010. ‘‘(e) ALTERNATIVE FUEL MIXTURE CREDIT.— lows: retary of Energy under section 13211(2) of ‘‘(1) IN GENERAL.—For purposes of this sec- At the appropriate place, insert the fol- title 42, United States Code, tion, the alternative fuel mixture credit is lowing: ‘‘(D) hydrogen, the product of 50 cents and the number of SEC. ll. ROAD AND HIGHWAY GRADE SEPARA- ‘‘(E) any liquid fuel derived from coal (in- gallons of alternative fuel used by the tax- TIONS. cluding peat), and payer in producing any alternative fuel mix- (a) IN GENERAL.—The Secretary shall carry ‘‘(F) liquid hydrocarbons derived from bio- ture for sale or use in a trade or business of out a program under which the Secretary mass (as defined in section 29(c)(3)).’’. the taxpayer. provides grants to States and units of local (3) CONFORMING AMENDMENTS.— ‘‘(2) ALTERNATIVE FUEL MIXTURE.—For pur- government for use in constructing tunnels, (A) Section 4041(a), as amended by section poses of this section, the term ‘alternative bridges, and other means of separating rail- 5101 of this Act, is amended by striking para- fuel mixture’ means a mixture of alternative road tracks and roads. graphs (2) and (3) and inserting the following: fuel and taxable fuel (as defined in subpara- (b) PRIORITY.—In providing grants under ‘‘(2) SPECIAL MOTOR FUELS.— graph (A), (B), or (C) of section 4083(a)(1)) this section, the Secretary shall give pri- ‘‘(A) IN GENERAL.—There is hereby imposed which— ority to projects involving— a tax on any alternative fuel (other than gas ‘‘(A) is sold by the taxpayer producing such (1) separations of railroad tracks and roads oil or fuel oil)— mixture to any person for use as fuel in a that would have the most impact on improv- ‘‘(i) sold by any person to an owner, lessee, highway vehicle, or ing safety; and or other operator of a motor vehicle or mo- ‘‘(B) is used as a fuel in a highway vehicle (2) rail lines that have a high volume of torboat for use as a fuel in such motor vehi- by the taxpayer producing such mixture. goods movement. cle or motorboat, or ‘‘(3) TERMINATION.—This subsection shall (c) REGULATIONS; POLICIES.—The Secretary ‘‘(ii) used by any person as a fuel in a not apply to any sale, use, or removal for shall promulgate such regulations and estab- motor vehicle or motorboat unless there was any period after December 31, 2010.’’. lish such policies as are necessary to carry a taxable sale of such fuel under clause (i). (3) CONFORMING AMENDMENTS.— out this section. XEMPTION FOR PREVIOUSLY TAXED ‘‘(B) E (A) The section heading for section 6426 is (d) AUTHORIZATION OF APPROPRIATIONS.— FUEL.—No tax shall be imposed by this para- amended by striking ‘‘ALCOHOL FUEL AND There are authorized to be appropriated such graph on the sale or use of any alternative BIODIESEL’’ and inserting ‘‘CERTAIN AL- sums as are necessary to carry out this sec- fuel if tax was imposed on such alternative TERNATIVE FUEL’’. tion for each of fiscal years 2005 through 2009. fuel under section 4081 and the tax thereon (B) The table of sections for subchapter B was not credited or refunded. of chapter 65 is amended by striking ‘‘ALCO- SA 630. Mr. KENNEDY (for himself ‘‘(C) RATE OF TAX.—The rate of the tax im- HOL FUEL AND BIODIESEL’’ in the item re- and Mr. KERRY) submitted an amend- posed by this paragraph shall be the rate of lating to section 6426 and inserting ‘‘certain ment intended to be proposed to tax specified in clause (iv), (v), or (vi) of sec- alternative fuel’’. tion 4081(a)(2)(A) on the alternative fuel (C) Section 6427(a) is amended by striking amendment SA 605 proposed by Mr. which is in effect at the time of such sale or ‘‘paragraph (2) or (3) of section 4041(a) or sec- INHOFE to the bill H.R. 3, to authorize use. tion 4041(c)’’ and inserting ‘‘section 4041(a)(2) funds for Federal-aid highways, high- ‘‘(D) BUS USES.—No tax shall be imposed by or 4041(c)’’. way safety programs, and transit pro- this paragraph on any sale for use, or use, de- (D) Section 6427(e) is amended— grams, and for other purposes; which scribed in subparagraph (B) or (C) of section (i) by inserting ‘‘or the alternative fuel was ordered to lie on the table; as fol- 6427(b)(2) (relating to school bus and intra- mixture credit’’ after ‘‘biodiesel mixture lows: city transportation).’’. credit’’ in paragraph (1), (B) Section 4041(b)(2) is amended by strik- (ii) by inserting ‘‘or alternative fuel’’ after On page 483, strike line 17 and insert the ing ‘‘2007’’ both places it appears and insert- ‘‘section 40A(d)(2))’’ in paragraph (2), following: ing ‘‘2005’’. (iii) by striking ‘‘and’’ at the end of para- ‘‘(i) Lesley University-Tufts University (C) Section 4041, as amended by section graph (3)(A), Joint Transportation Center, Massachusetts. 5101 of this Act, is amended by striking sub- (iv) by striking the period at the end of section (m). paragraph (3)(B), SA 631. Mr. BOND submitted an (b) CREDIT FOR ALTERNATIVE FUEL AND AL- (v) by adding at the end of paragraph (3) amendment intended to be proposed to TERNATIVE FUEL MIXTURES.— the following new subparagraph: amendment SA 605 proposed by Mr. (1) IN GENERAL.—Section 6426(a) (relating ‘‘(C) any alternative fuel or alternative INHOFE to the bill H.R. 3, to authorize to allowance of credits) is amended by strik- fuel mixture (as defined in section 6426 (d)(2) funds for Federal-aid highways, high- ing ‘‘plus’’ at the end of paragraph (1), by or (e)(3)) sold or used after December 31, way safety programs, and transit pro- striking the period at the end of paragraph 2010.’’, and grams, and for other purposes; which (2) and by adding at the end the following (vi) by striking ‘‘OR BIODIESEL USED TO was ordered to lie on the table; as fol- new paragraphs: PRODUCE ALCOHOL FUEL AND BIODIESEL MIX- ‘‘(3) the alternative fuel credit, plus TURES’’ in the heading and inserting ‘‘, BIO- lows: ‘‘(4) the alternative fuel mixture credit.’’. DIESEL, OR ALTERNATIVE FUEL’’. On page 1234, strike lines 8 and all that (2) ALTERNATIVE FUEL AND ALTERNATIVE (c) EFFECTIVE DATE.—The amendments follows through ‘‘prevent’’ on page 1235, line FUEL MIXTURE CREDIT.—Section 6426 (relating made by this section shall apply to any sale, 1, and insert the following:

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‘‘(b) NOTICE AND APPROVAL.—The State ‘‘and’’ at the end of paragraph (4), by redesig- States Code, governing appointments in the shall serve written notice to the Secretary nating paragraph (5) as paragraph (6), and by competitive service. Such employees shall be or the Board, as the case may be, of any pro- inserting after paragraph (4) the following subject to removal by the Tax Court. posed civil action under subsection (a). The new paragraph: ‘‘(4) PAY.—The Tax Court may fix and ad- notice shall include a copy of the complaint ‘‘(5) any proceeding under section 7436(c), just the compensation for the clerk and to be filed, as well as other such information and’’. other employees of the Tax Court without as the Secretary may require in order to (b) CONFORMING AMENDMENT.—Section regard to the provisions of chapter 51, sub- evaluate the proposed action. Prior to initi- 7443A(c) is amended by striking ‘‘or (4)’’ and chapter III of chapter 53, or section 5373 of ating such civil action, the State shall ob- inserting ‘‘(4), or (5)’’. title 5, United States Code. To the maximum tain the written approval of the Secretary or (c) EFFECTIVE DATE.—The amendments extent feasible, the Tax Court shall com- the Board, as the case may be. Approval made by this section shall apply to any pro- pensate employees at rates consistent with shall only be granted if— ceeding under section 7436(c) of the Internal those for employees holding comparable po- (1) the carrier or broker (as such terms Revenue Code of 1986 with respect to which a sitions in the judicial branch. are defined in section 13102 of title 49, United decision has not become final (as determined ‘‘(5) PROGRAMS.—The Tax Court may estab- States Code) is not registered with the De- under section 7481 of such Code) before the lish programs for employee evaluations, in- partment of Transportation; or date of the enactment of this Act. centive awards, flexible work schedules, pre- (2) the license of a carrier or broker is SEC. 5703. CONFIRMATION OF AUTHORITY OF mium pay, and resolution of employee griev- pending revocation for failure to file proof of TAX COURT TO APPLY DOCTRINE OF ances. the required bodily injury or cargo liability EQUITABLE RECOUPMENT. ‘‘(6) DISCRIMINATION PROHIBITED.—The Tax insurance or has been revoked for any other (a) CONFIRMATION OF AUTHORITY OF TAX Court shall— reason by the Department of Transportation; COURT TO APPLY DOCTRINE OF EQUITABLE ‘‘(A) prohibit discrimination on the basis or RECOUPMENT.—Section 6214(b) (relating to ju- of race, color, religion, age, sex, national ori- (3) the carrier is not rated or has re- risdiction over other years and quarters) is gin, political affiliation, marital status, or ceived a conditional or unsatisfactory safety amended by adding at the end the following handicapping condition; and rating by the Department of Transportation; new sentence: ‘‘Notwithstanding the pre- ‘‘(B) promulgate procedures for resolving or ceding sentence, the Tax Court may apply complaints of discrimination by employees (4) the carrier or broker has been li- the doctrine of equitable recoupment to the and applicants for employment. censed with the Department of Transpor- same extent that it is available in civil tax ‘‘(7) EXPERTS AND CONSULTANTS.—The Tax tation for less than five (5) years. cases before the district courts of the United Court may procure the services of experts (c) AUTHORITY TO INTERVENE.—Once ap- States and the United States Court of Fed- and consultants under section 3109 of title 5, proval has been granted under subsection (b), eral Claims.’’. United States Code. nothing in this section shall be construed to (b) EFFECTIVE DATE.—The amendment ‘‘(8) RIGHTS TO CERTAIN APPEALS RE- limit the independent authority of the Sec- made by this section shall apply to any ac- SERVED.—Notwithstanding any other provi- retary or Board to intervene and be heard on tion or proceeding in the United States Tax sion of law, an individual who is an employee all matters arising in civil action under sub- Court with respect to which a decision has of the Tax Court on the day before the effec- section (a). not become final (as determined under sec- tive date of this subsection and who, as of (d) CONSTRUCTION.—For purposes of tion 7481 of the Internal Revenue Code of that day, was entitled to— bringing any civil action under subsection 1986) as of the date of the enactment of this ‘‘(A) appeal a reduction in grade or re- (a), nothing in this section shall— Act. moval to the Merit Systems Protection (1) convey a right to initiate or maintain SEC. 5704. TAX COURT FILING FEE IN ALL CASES Board under chapter 43 of title 5, United class action lawsuits to enforce Federal laws COMMENCED BY FILING PETITION. States Code, or regulations; or (a) IN GENERAL.—Section 7451 (relating to ‘‘(B) appeal an adverse action to the Merit (2) prevent fee for filing a Tax Court petition) is amend- Systems Protection Board under chapter 75 ed by striking all that follows ‘‘petition’’ and of title 5, United States Code, SA 632. Mr. HATCH submitted an inserting a period. ‘‘(C) appeal a prohibited personnel practice amendment intended to be proposed to (b) EFFECTIVE DATE.—The amendment described under section 2302(b) of title 5, amendment SA 605 proposed by Mr. made by this section shall take effect on the United States Code, to the Merit Systems Protection Board under chapter 77 of that INHOFE to the bill H.R. 3, to authorize date of the enactment of this Act. title, funds for Federal-aid highways, high- SEC. 5705. AMENDMENTS TO APPOINT EMPLOY- EES. ‘‘(D) make an allegation of a prohibited way safety programs, and transit pro- personnel practice described under section grams, and for other purposes; which (a) IN GENERAL.—Subsection (a) of section 7471 (relating to Tax Court employees) is 2302(b) of title 5, United States Code, with was ordered to lie on the table; as fol- amended to read as follows: the Office of Special Counsel under chapter lows: ‘‘(a) APPOINTMENT AND COMPENSATION.— 12 of that title for action in accordance with At the end of title V, add the following: ‘‘(1) CLERK.—The Tax Court may appoint a that chapter, or ‘‘(E) file an appeal with the Equal Employ- Subtitle G—United States Tax Court clerk without regard to the provisions of ment Opportunity Commission under part Modernization title 5, United States Code, governing ap- pointments in the competitive service. The 1614 of title 29 of the Code of Federal Regula- SEC. 5700. SHORT TITLE. clerk shall serve at the pleasure of the Tax tions, This title may be cited as the ‘‘United Court. shall be entitled to file such appeal or make States Tax Court Modernization Act’’. ‘‘(2) LAW CLERKS AND SECRETARIES.— such an allegation so long as the individual PART I—TAX COURT PROCEDURE ‘‘(A) IN GENERAL.—The judges and special remains an employee of the Tax Court. SEC. 5701. JURISDICTION OF TAX COURT OVER trial judges of the Tax Court may appoint ‘‘(9) COMPETITIVE STATUS.—Notwith- COLLECTION DUE PROCESS CASES. law clerks and secretaries, in such numbers standing any other provision of law, any em- (a) IN GENERAL.—Paragraph (1) of section as the Tax Court may approve, without re- ployee of the Tax Court who has completed 6330(d) (relating to proceeding after hearing) gard to the provisions of title 5, United at least 1 year of continuous service under a is amended to read as follows: States Code, governing appointments in the non-temporary appointment with the Tax ‘‘(1) JUDICIAL REVIEW OF DETERMINATION.— competitive service. Any such law clerk or Court acquires a competitive status for ap- The person may, within 30 days of a deter- secretary shall serve at the pleasure of the pointment to any position in the competitive mination under this section, appeal such de- appointing judge. service for which the employee possesses the termination to the Tax Court (and the Tax ‘‘(B) EXEMPTION FROM FEDERAL LEAVE PRO- required qualifications. Court shall have jurisdiction with respect to VISIONS.—A law clerk appointed under this ‘‘(10) MERIT SYSTEM PRINCIPLES; PROHIBITED such matter).’’. subsection shall be exempt from the provi- PERSONNEL PRACTICES; AND PREFERENCE ELI- (b) EFFECTIVE DATE.—The amendment sions of subchapter I of chapter 63 of title 5, GIBLES.—Any personnel management system made by this section shall apply to deter- United States Code. Any unused sick leave of the Tax Court shall— minations made after the date which is 60 or annual leave standing to the employee’s ‘‘(A) include the principles set forth in sec- days after the date of the enactment of this credit as of the effective date of this sub- tion 2301(b) of title 5, United States Code; Act. section shall remain credited to the em- ‘‘(B) prohibit personnel practices prohib- SEC. 5702. AUTHORITY FOR SPECIAL TRIAL ployee and shall be available to the em- ited under section 2302(b) of title 5, United JUDGES TO HEAR AND DECIDE CER- ployee upon separation from the Federal States Code; and TAIN EMPLOYMENT STATUS CASES. Government. ‘‘(C) in the case of any individual who (a) IN GENERAL.—Section 7443A(b) (relating ‘‘(3) OTHER EMPLOYEES.—The Tax Court would be a preference eligible in the execu- to proceedings which may be assigned to spe- may appoint necessary employees without tive branch, the Tax Court will provide pref- cial trial judges) is amended by striking regard to the provisions of title 5, United erence for that individual in a manner and to

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9315 an extent consistent with preference ac- under this subsection shall be terminable upon the average annual salary received by corded to preference eligibles in the execu- upon such surviving spouse’s death or such such judge for judicial service.’’. tive branch.’’. surviving spouse’s remarriage before attain- (e) OTHER BENEFITS.—Section 7448 is (b) EFFECTIVE DATE.—The amendments ing age 55. amended by adding at the end the following: made by this section shall take effect on the ‘‘(B) IN THE CASE OF A CHILD.—The annuity ‘‘(u) OTHER BENEFITS.—In the case of a date the United States Tax Court adopts a payable to a child under this subsection shall judge who is assassinated, an annuity shall personnel management system after the date be terminable upon (i) the child attaining be paid under this section notwithstanding a of the enactment of this Act. the age of 18 years, (ii) the child’s marriage, survivor’s eligibility for or receipt of bene- SEC. 5706. EXPANDED USE OF TAX COURT PRAC- or (iii) the child’s death, whichever first oc- fits under chapter 81 of title 5, United States TICE FEE FOR PRO SE TAXPAYERS. curs, except that if such child is incapable of Code, except that the annuity for which a (a) IN GENERAL.—Section 7475(b) (relating self-support by reason of mental or physical surviving spouse is eligible under this sec- to use of fees) is amended by inserting before disability the child’s annuity shall be ter- tion shall be reduced to the extent that the the period at the end ‘‘and to provide serv- minable only upon death, marriage, or recov- total benefits paid under this section and ices to pro se taxpayers’’. ery from such disability. chapter 81 of that title for any year would (b) EFFECTIVE DATE.—The amendment ‘‘(C) IN THE CASE OF A DEPENDENT CHILD exceed the current salary for that year of the made by this section shall take effect on the AFTER DEATH OF SURVIVING SPOUSE.—In case office of the judge.’’. date of the enactment of this Act. of the death of a surviving spouse of a judge SEC. 5712. COST-OF-LIVING ADJUSTMENTS FOR PART II—TAX COURT PENSION AND leaving a dependent child or children of the TAX COURT JUDICIAL SURVIVOR AN- COMPENSATION judge surviving such spouse, the annuity of NUITIES. SEC. 5711. ANNUITIES FOR SURVIVORS OF TAX such child or children shall be recomputed (a) IN GENERAL.—Subsection (s) of section COURT JUDGES WHO ARE ASSAS- and paid as provided in paragraph (1)(C). 7448 (relating to annuities to surviving SINATED. ‘‘(D) RECOMPUTATION.—In any case in spouses and dependent children of judges) is (a) ELIGIBILITY IN CASE OF DEATH BY ASSAS- which the annuity of a dependent child is amended to read as follows: SINATION.—Subsection (h) of section 7448 (re- terminated under this subsection, the annu- ‘‘(s) INCREASES IN SURVIVOR ANNUITIES.— lating to annuities to surviving spouses and ities of any remaining dependent child or Each time that an increase is made under dependent children of judges) is amended to children, based upon the service of the same section 8340(b) of title 5, United States Code, read as follows: judge, shall be recomputed and paid as in annuities payable under subchapter III of ‘‘(h) ENTITLEMENT TO ANNUITY.— though the child whose annuity was so ter- chapter 83 of that title, each annuity payable ‘‘(1) IN GENERAL.— minated had not survived such judge. from the survivors annuity fund under this ‘‘(A) ANNUITY TO SURVIVING SPOUSE.—If a ‘‘(4) SPECIAL RULE FOR ASSASSINATED section shall be increased at the same time judge described in paragraph (2) is survived JUDGES.—In the case of a survivor or sur- by the same percentage by which annuities by a surviving spouse but not by a dependent vivors of a judge described in paragraph are increased under such section 8340(b).’’. child, there shall be paid to such surviving (2)(B), there shall be deducted from the annu- (b) EFFECTIVE DATE.—The amendments spouse an annuity beginning with the day of ities otherwise payable under this section an made by this section shall apply with respect the death of the judge or following the sur- amount equal to— to increases made under section 8340(b) of viving spouse’s attainment of the age of 50 ‘‘(A) the amount of salary deductions pro- title 5, United States Code, in annuities pay- years, whichever is the later, in an amount vided for by subsection (c)(1) that would have able under subchapter III of chapter 83 of computed as provided in subsection (m). been made if such deductions had been made that title, taking effect after the date of the ‘‘(B) ANNUITY TO CHILD.—If such a judge is for 5 years of civilian service computed as enactment of this Act. survived by a surviving spouse and a depend- prescribed in subsection (n) before the SEC. 5713. LIFE INSURANCE COVERAGE FOR TAX ent child or children, there shall be paid to judge’s death, reduced by COURT JUDGES. such surviving spouse an immediate annuity ‘‘(B) the amount of such salary deductions (a) IN GENERAL.—Section 7447 (relating to in an amount computed as provided in sub- that were actually made before the date of retirement of judges) is amended by adding section (m), and there shall also be paid to or the judge’s death.’’. at the end the following new subsection: on behalf of each such child an immediate (b) DEFINITION OF ASSASSINATION.—Section ‘‘(j) LIFE INSURANCE COVERAGE.—For pur- annuity equal to the lesser of— 7448(a) (relating to definitions) is amended poses of chapter 87 of title 5, United States ‘‘(i) 10 percent of the average annual salary by adding at the end the following new para- Code (relating to life insurance), any indi- of such judge (determined in accordance with graph: vidual who is serving as a judge of the Tax subsection (m)), or ‘‘(8) The terms ‘assassinated’ and ‘assas- Court or who is retired under this section is ‘‘(ii) 20 percent of such average annual sal- sination’ mean the killing of a judge that is deemed to be an employee who is continuing ary, divided by the number of such children. motivated by the performance by that judge in active employment.’’. ‘‘(C) ANNUITY TO SURVIVING DEPENDENT of his or her official duties.’’. (b) EFFECTIVE DATE.—The amendment CHILDREN.—If such a judge leaves no sur- (c) DETERMINATION OF ASSASSINATION.— made by this section shall apply to any indi- viving spouse but leaves a surviving depend- Subsection (i) of section 7448 is amended— vidual serving as a judge of the United ent child or children, there shall be paid to (1) by striking the subsection heading and States Tax Court and to any retired judge of or on behalf of each such child an immediate inserting the following: the United States Tax Court on or after the annuity equal to the lesser of— ‘‘(i) DETERMINATIONS BY CHIEF JUDGE.— date of the enactment of this Act. ‘‘(i) 20 percent of the average annual salary ‘‘(1) DEPENDENCY AND DISABILITY.—’’, SEC. 5714. COST OF LIFE INSURANCE COVERAGE of such judge (determined in accordance with (2) by moving the text 2 ems to the right, FOR TAX COURT JUDGES AGE 65 OR subsection (m)), or and OVER. ‘‘(ii) 40 percent of such average annual sal- (3) by adding at the end the following new Section 7472 (relating to expenditures) is ary, divided by the number of such children. paragraph: amended by inserting after the first sentence ‘‘(2) COVERED JUDGES.—Paragraph (1) ap- ‘‘(2) ASSASSINATION.—The chief judge shall the following new sentence: ‘‘Notwith- plies to any judge electing under subsection determine whether the killing of a judge was standing any other provision of law, the Tax (b)— an assassination, subject to review only by Court is authorized to pay on behalf of its ‘‘(A) who dies while a judge after having the Tax Court. The head of any Federal judges, age 65 or over, any increase in the rendered at least 5 years of civilian service agency that investigates the killing of a cost of Federal Employees’ Group Life Insur- computed as prescribed in subsection (n), for judge shall provide information to the chief ance imposed after April 24, 1999, including the last 5 years of which the salary deduc- judge that would assist the chief judge in any expenses generated by such payments, as tions provided for by subsection (c)(1) or the making such a determination.’’. authorized by the chief judge in a manner deposits required by subsection (d) have ac- (d) COMPUTATION OF ANNUITIES.—Sub- consistent with such payments authorized by tually been made or the salary deductions section (m) of section 7448 is amended— the Judicial Conference of the United States required by the civil service retirement laws (1) by striking the subsection heading and pursuant to section 604(a)(5) of title 28, have actually been made, or inserting the following: United States Code.’’. ‘‘(B) who dies by assassination after having ‘‘(m) COMPUTATION OF ANNUITIES.— SEC. 5715. MODIFICATION OF TIMING OF LUMP- rendered less than 5 years of civilian service ‘‘(1) IN GENERAL.—’’, SUM PAYMENT OF JUDGES’ AC- computed as prescribed in subsection (n) if, (2) by moving the text 2 ems to the right, CRUED ANNUAL LEAVE. for the period of such service, the salary de- and (a) IN GENERAL.—Section 7443 (relating to ductions provided for by subsection (c)(1) or (3) by adding at the end the following new membership of the Tax Court) is amended by the deposits required by subsection (d) have paragraph: adding at the end the following new sub- actually been made. ‘‘(2) ASSASSINATED JUDGES.—In the case of section: ‘‘(3) TERMINATION OF ANNUITY.— a judge who is assassinated and who has ‘‘(h) LUMP-SUM PAYMENT OF JUDGES’ AC- ‘‘(A) IN THE CASE OF A SURVIVING SPOUSE.— served less than 3 years, the annuity of the CRUED ANNUAL LEAVE.—Notwithstanding the The annuity payable to a surviving spouse surviving spouse of such judge shall be based provisions of sections 5551 and 6301 of title 5,

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United States Code, when an individual sub- (b) EFFECTIVE DATE.—The amendment ferred to in such paragraph was previously ject to the leave system provided in chapter made by this section shall take effect on the subject to such subchapter and, without a 63 of that title is appointed by the President date of the enactment of this Act. break in service, again becomes subject to to be a judge of the Tax Court, the individual SEC. 5717. EXEMPTION OF TEACHING COMPENSA- such subchapter on completion of the indi- shall be entitled to receive, upon appoint- TION OF RETIRED JUDGES FROM vidual’s service as a magistrate judge, the ment to the Tax Court, a lump-sum payment LIMITATION ON OUTSIDE EARNED unused annual leave and sick leave standing from the Tax Court of the accumulated and INCOME. to the individual’s credit when such indi- accrued current annual leave standing to the (a) IN GENERAL.—Section 7447 (relating to vidual was exempted from this subchapter is individual’s credit as certified by the agency retirement of judges), as amended by this deemed to have remained to the individual’s from which the individual resigned.’’. Act, is amended by adding at the end the fol- credit. (b) EFFECTIVE DATE.—The amendment lowing new subsection: ‘‘(B) COMPUTATION OF ANNUITY.—In com- made by this section shall apply to any judge ‘‘(l) TEACHING COMPENSATION OF RETIRED puting an annuity under section 8339 of title of the United States Tax Court who has an JUDGES.—For purposes of the limitation 5, United States Code, the total service of an outstanding leave balance on the date of the under section 501(a) of the Ethics in Govern- individual specified in subparagraph (A) who enactment of this Act and to any individual ment Act of 1978 (5 U.S.C. App.), any com- retires on an immediate annuity or dies leav- appointed by the President to serve as a pensation for teaching approved under sec- ing a survivor or survivors entitled to an an- judge of the United States Tax Court after tion 502(a)(5) of such Act shall not be treated nuity includes, without regard to the limita- such date. as outside earned income when received by a tions imposed by subsection (f) of such sec- SEC. 5716. PARTICIPATION OF TAX COURT judge of the Tax Court who has retired under tion 8339, the days of unused sick leave JUDGES IN THE THRIFT SAVINGS subsection (b) for teaching performed during standing to the individual’s credit when such PLAN. any calendar year for which such a judge has individual was exempted from subchapter I (a) IN GENERAL.—Section 7447 (relating to met the requirements of subsection (c), as of chapter 63 of title 5, United States Code, retirement of judges), as amended by this certified by the chief judge of the Tax except that these days will not be counted in Act, is amended by adding at the end the fol- Court.’’. determining average pay or annuity eligi- lowing new subsection: (b) EFFECTIVE DATE.—The amendment bility. ‘‘(k) THRIFT SAVINGS PLAN.— made by this section shall apply to any indi- ‘‘(C) LUMP SUM PAYMENT.—Any accumu- ‘‘(1) ELECTION TO CONTRIBUTE.— vidual serving as a retired judge of the lated and current accrued annual leave or ‘‘(A) IN GENERAL.—A judge of the Tax United States Tax Court on or after the date vacation balances credited to a magistrate Court may elect to contribute to the Thrift of the enactment of this Act. judge as of the date of the enactment of this subsection shall be paid in a lump sum at the Savings Fund established by section 8437 of SEC. 5718. GENERAL PROVISIONS RELATING TO title 5, United States Code. MAGISTRATE JUDGES OF THE TAX time of separation from service pursuant to ‘‘(B) PERIOD OF ELECTION.—An election may COURT. the provisions and restrictions set forth in be made under this paragraph as provided (a) TITLE OF SPECIAL TRIAL JUDGE CHANGED section 5551 of title 5, United States Code, under section 8432(b) of title 5, United States TO MAGISTRATE JUDGE OF THE TAX COURT.— and related provisions referred to in such Code, for individuals subject to chapter 84 of The heading of section 7443A is amended to section.’’. such title. read as follows: (e) CONFORMING AMENDMENTS.— (1) The heading of subsection (b) of section ‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— ‘‘SEC. 7443A. MAGISTRATE JUDGES OF THE TAX 7443A is amended by striking ‘‘SPECIAL TRIAL Except as otherwise provided in this sub- COURT.’’. JUDGES’’ and inserting ‘‘MAGISTRATE JUDGES section, the provisions of subchapters III and (b) APPOINTMENT, TENURE, AND REMOVAL.— OF THE TAX COURT’’. VII of chapter 84 of title 5, United States Subsection (a) of section 7443A is amended to (2) Section 7443A(b) is amended by striking Code, shall apply with respect to a judge who read as follows: ‘‘special trial judges of the court’’ and in- makes an election under paragraph (1). ‘‘(a) APPOINTMENT, TENURE, AND RE- serting ‘‘magistrate judges of the Tax ‘‘(3) SPECIAL RULES.— MOVAL.— Court’’. ‘‘(A) AMOUNT CONTRIBUTED.—The amount ‘‘(1) APPOINTMENT.—The chief judge may, (3) Subsections (c) and (d) of section 7443A contributed by a judge to the Thrift Savings from time to time, appoint and reappoint are amended by striking ‘‘special trial Fund in any pay period shall not exceed the magistrate judges of the Tax Court for a judge’’ and inserting ‘‘magistrate judge of maximum percentage of such judge’s basic term of 8 years. The magistrate judges of the the Tax Court’’ each place it appears. pay for such period as allowable under sec- Tax Court shall proceed under such rules as (4) Section 7443A(e) is amended by striking tion 8440f of title 5, United States Code. may be promulgated by the Tax Court. ‘‘special trial judges’’ and inserting ‘‘mag- Basic pay does not include any retired pay ‘‘(2) REMOVAL.—Removal of a magistrate istrate judges of the Tax Court’’. paid pursuant to this section. judge of the Tax Court during the term for (5) Section 7456(a) is amended by striking ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF which he or she is appointed shall be only for ‘‘special trial judge’’ each place it appears JUDGE.—No contributions may be made for incompetency, misconduct, neglect of duty, and inserting ‘‘magistrate judge’’. the benefit of a judge under section 8432(c) of or physical or mental disability, but the of- (6) Subsection (c) of section 7471 is amend- title 5, United States Code. fice of a magistrate judge of the Tax Court ed— ‘‘(C) APPLICABILITY OF SECTION 8433(b) OF shall be terminated if the judges of the Tax (A) by striking the subsection heading and TITLE 5 WHETHER OR NOT JUDGE RETIRES.—Sec- Court determine that the services performed inserting ‘‘MAGISTRATE JUDGES OF THE TAX tion 8433(b) of title 5, United States Code, ap- by the magistrate judge of the Tax Court are COURT.—’’, and plies with respect to a judge who makes an no longer needed. Removal shall not occur (B) by striking ‘‘special trial judges’’ and election under paragraph (1) and who ei- unless a majority of all the judges of the Tax inserting ‘‘magistrate judges’’. ther— Court concur in the order of removal. Before SEC. 5719. ANNUITIES TO SURVIVING SPOUSES ‘‘(i) retires under subsection (b), or any order of removal shall be entered, a full ‘‘(ii) ceases to serve as a judge of the Tax AND DEPENDENT CHILDREN OF specification of the charges shall be fur- MAGISTRATE JUDGES OF THE TAX Court but does not retire under subsection nished to the magistrate judge of the Tax COURT. (b). Court, and he or she shall be accorded by the (a) DEFINITIONS.—Section 7448(a) (relating Retirement under subsection (b) is a separa- judges of the Tax Court an opportunity to be to definitions), as amended by this Act, is tion from service for purposes of subchapters heard on the charges.’’. amended by redesignating paragraphs (5), (6), III and VII of chapter 84 of that title. (c) SALARY.—Section 7443A(d) (relating to (7), and (8) as paragraphs (7), (8), (9), and (10), ‘‘(D) APPLICABILITY OF SECTION 8351(b)(5) OF salary) is amended by striking ‘‘90’’ and in- respectively, and by inserting after para- TITLE 5.—The provisions of section 8351(b)(5) serting ‘‘92’’. graph (4) the following new paragraphs: of title 5, United States Code, shall apply (d) EXEMPTION FROM FEDERAL LEAVE PRO- ‘‘(5) The term ‘magistrate judge’ means a with respect to a judge who makes an elec- VISIONS.—Section 7443A is amended by add- judicial officer appointed pursuant to section tion under paragraph (1). ing at the end the following new subsection: 7443A, including any individual receiving an ‘‘(E) EXCEPTION.—Notwithstanding sub- ‘‘(f) EXEMPTION FROM FEDERAL LEAVE PRO- annuity under section 7443B, or chapters 83 paragraph (C), if any judge retires under this VISIONS.— or 84, as the case may be, of title 5, United section, or resigns without having met the ‘‘(1) IN GENERAL.—A magistrate judge of States Code, whether or not performing judi- age and service requirements set forth under the Tax Court appointed under this section cial duties under section 7443C. subsection (b)(2), and such judge’s nonforfeit- shall be exempt from the provisions of sub- ‘‘(6) The term ‘magistrate judge’s salary’ able account balance is less than an amount chapter I of chapter 63 of title 5, United means the salary of a magistrate judge re- that the Executive Director of the Office of States Code. ceived under section 7443A(d), any amount Personnel Management prescribes by regula- ‘‘(2) TREATMENT OF UNUSED LEAVE.— received as an annuity under section 7443B, tion, the Executive Director shall pay the ‘‘(A) AFTER SERVICE AS MAGISTRATE or chapters 83 or 84, as the case may be, of nonforfeitable account balance to the partic- JUDGE.—If an individual who is exempted title 5, United States Code, and compensa- ipant in a single payment.’’. under paragraph (1) from the subchapter re- tion received under section 7443C.’’.

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(b) ELECTION.—Subsection (b) of section ‘‘SEC. 7443B. RETIREMENT FOR MAGISTRATE which the magistrate judge retired or was re- 7448 (relating to annuities to surviving JUDGES OF THE TAX COURT. moved. spouses and dependent children of judges) is ‘‘(a) RETIREMENT BASED ON YEARS OF SERV- ‘‘(f) ELECTION; ANNUITY IN LIEU OF OTHER amended— ICE.—A magistrate judge of the Tax Court to ANNUITIES.— (1) by striking the subsection heading and whom this section applies and who retires ‘‘(1) IN GENERAL.—A magistrate judge of inserting the following: from office after attaining the age of 65 years the Tax Court shall be entitled to an annuity ‘‘(b) ELECTION.— and serving at least 14 years, whether con- under this section if the magistrate judge ‘‘(1) JUDGES.—’’, tinuously or otherwise, as such magistrate elects an annuity under this section by noti- (2) by moving the text 2 ems to the right, judge shall, subject to subsection (f), be enti- fying the chief judge of the Tax Court not and tled to receive, during the remainder of the later than the later of— (3) by adding at the end the following new magistrate judge’s lifetime, an annuity ‘‘(A) 5 years after the magistrate judge of paragraph: equal to the salary being received at the the Tax Court begins judicial service, or ‘‘(2) MAGISTRATE JUDGES.—Any magistrate time the magistrate judge leaves office. ‘‘(B) 5 years after the date of the enact- judge may by written election filed with the ‘‘(b) RETIREMENT UPON FAILURE OF RE- ment of this subsection. chief judge bring himself or herself within APPOINTMENT.—A magistrate judge of the Such notice shall be given in accordance the purview of this section. Such election Tax Court to whom this section applies who with procedures prescribed by the Tax Court. shall be filed not later than the later of 6 is not reappointed following the expiration ‘‘(2) ANNUITY IN LIEU OF OTHER ANNUITY.—A months after— of the term of office of such magistrate magistrate judge who elects to receive an an- ‘‘(A) 6 months after the date of the enact- judge, and who retires upon the completion nuity under this section shall not be entitled ment of this paragraph, of the term shall, subject to subsection (f), to receive— ‘‘(B) the date the judge takes office, or be entitled to receive, upon attaining the age ‘‘(C) the date the judge marries.’’. of 65 years and during the remainder of such ‘‘(A) any annuity to which such magistrate (c) CONFORMING AMENDMENTS.— magistrate judge’s lifetime, an annuity judge would otherwise have been entitled (1) The heading of section 7448 is amended equal to that portion of the salary being re- under subchapter III of chapter 83, or under by inserting ‘‘AND MAGISTRATE JUDGES’’ ceived at the time the magistrate judge chapter 84 (except for subchapters III and after ‘‘JUDGES’’. leaves office which the aggregate number of VII), of title 5, United States Code, for serv- (2) The item relating to section 7448 in the years of service, not to exceed 14, bears to 14, ice performed as a magistrate or otherwise, table of sections for part I of subchapter C of if— ‘‘(B) an annuity or salary in senior status chapter 76 is amended by inserting ‘‘and ‘‘(1) such magistrate judge has served at or retirement under section 371 or 372 of title magistrate judges’’ after ‘‘judges’’. least 1 full term as a magistrate judge, and 28, United States Code, (3) Subsections (c)(1), (d), (f), (g), (h), (j), ‘‘(2) not earlier than 9 months before the ‘‘(C) retired pay under section 7447, or (m), (n), and (u) of section 7448, as amended date on which the term of office of such mag- ‘‘(D) retired pay under section 7296 of title by this Act, are each amended— istrate judge expires, and not later than 6 38, United States Code. (A) by inserting ‘‘or magistrate judge’’ months before such date, such magistrate ‘‘(3) COORDINATION WITH TITLE 5.—A mag- after ‘‘judge’’ each place it appears other judge notified the chief judge of the Tax istrate judge of the Tax Court who elects to than in the phrase ‘‘chief judge’’, and Court in writing that such magistrate judge receive an annuity under this section— (B) by inserting ‘‘or magistrate judge’s’’ was willing to accept reappointment to the ‘‘(A) shall not be subject to deductions and after ‘‘judge’s’’ each place it appears. position in which such magistrate judge was contributions otherwise required by section (4) Section 7448(c) is amended— serving. 8334(a) of title 5, United States Code, (A) in paragraph (1), by striking ‘‘Tax ‘‘(c) SERVICE OF AT LEAST 8 YEARS.—A ‘‘(B) shall be excluded from the operation Court judges’’ and inserting ‘‘Tax Court judi- magistrate judge of the Tax Court to whom of chapter 84 (other than subchapters III and cial officers’’, this section applies and who retires after VII) of such title 5, and (B) in paragraph (2)— serving at least 8 years, whether continu- ‘‘(C) is entitled to a lump-sum credit under (i) in subparagraph (A), by inserting ‘‘and ously or otherwise, as such a magistrate section 8342(a) or 8424 of such title 5, as the section 7443A(d)’’ after ‘‘(a)(4)’’, and judge shall, subject to subsection (f), be enti- case may be. (ii) in subparagraph (B), by striking ‘‘sub- tled to receive, upon attaining the age of 65 ‘‘(g) CALCULATION OF SERVICE.—For pur- section (a)(4)’’ and inserting ‘‘subsections years and during the remainder of the mag- poses of calculating an annuity under this (a)(4) and (a)(6)’’. istrate judge’s lifetime, an annuity equal to section— (5) Section 7448(g) is amended by inserting that portion of the salary being received at ‘‘(1) service as a magistrate judge of the ‘‘or section 7443B’’ after ‘‘section 7447’’ each the time the magistrate judge leaves office Tax Court to whom this section applies may place it appears, and by inserting ‘‘or an an- which the aggregate number of years of serv- be credited, and nuity’’ after ‘‘retired pay’’. ice, not to exceed 14, bears to 14. Such annu- ‘‘(2) each month of service shall be credited 1 (6) Section 7448(j)(1) is amended— ity shall be reduced by 1⁄6 of 1 percent for as ⁄12 of a year, and the fractional part of (A) in subparagraph (A), by striking ‘‘serv- each full month such magistrate judge was any month shall not be credited. ice or retired’’ and inserting ‘‘service, re- under the age of 65 at the time the mag- ‘‘(h) COVERED POSITIONS AND SERVICE.— tired’’, and by inserting ‘‘, or receiving any istrate judge left office, except that such re- This section applies to any magistrate judge annuity under section 7443B or chapters 83 or duction shall not exceed 20 percent. of the Tax Court or special trial judge of the 84 of title 5, United States Code,’’ after ‘‘sec- ‘‘(d) RETIREMENT FOR DISABILITY.—A mag- Tax Court appointed under this subchapter, tion 7447’’, and istrate judge of the Tax Court to whom this but only with respect to service as such a (B) in the last sentence, by striking ‘‘sub- section applies, who has served at least 5 magistrate judge or special trial judge after sections (a)(6) and (7)’’ and inserting ‘‘para- years, whether continuously or otherwise, as a date not earlier than 91⁄2 years before the graphs (8) and (9) of subsection (a)’’. such a magistrate judge, and who retires or date of the enactment of this subsection. (7) Section 7448(m)(1), as amended by this is removed from office upon the sole ground ‘‘(i) PAYMENTS PURSUANT TO COURT Act, is amended— of mental or physical disability shall, sub- ORDER.— (A) by inserting ‘‘or any annuity under sec- ject to subsection (f), be entitled to receive, ‘‘(1) IN GENERAL.—Payments under this sec- tion 7443B or chapters 83 or 84 of title 5, during the remainder of the magistrate tion which would otherwise be made to a United States Code’’ after ‘‘7447(d)’’, and judge’s lifetime, an annuity equal to 40 per- magistrate judge of the Tax Court based (B) by inserting ‘‘or 7443B(m)(1)(B) after cent of the salary being received at the time upon his or her service shall be paid (in ‘‘7447(f)(4)’’. of retirement or removal or, in the case of a whole or in part) by the chief judge of the (8) Section 7448(n) is amended by inserting magistrate judge who has served for at least Tax Court to another person if and to the ex- ‘‘his years of service pursuant to any ap- 10 years, an amount equal to that proportion tent expressly provided for in the terms of pointment under section 7443A,’’ after ‘‘of of the salary being received at the time of re- any court decree of divorce, annulment, or the Tax Court,’’. tirement or removal which the aggregate legal separation, or the terms of any court (9) Section 3121(b)(5)(E) is amended by in- number of years of service, not to exceed 14, order or court-approved property settlement serting ‘‘or magistrate judge’’ before ‘‘of the bears to 14. agreement incident to any court decree of di- United States Tax Court’’. ‘‘(e) COST-OF-LIVING ADJUSTMENTS.—A vorce, annulment, or legal separation. Any (10) Section 210(a)(5)(E) of the Social Secu- magistrate judge of the Tax Court who is en- payment under this paragraph to a person rity Act is amended by inserting ‘‘or mag- titled to an annuity under this section is bars recovery by any other person. istrate judge’’ before ‘‘of the United States also entitled to a cost-of-living adjustment ‘‘(2) REQUIREMENTS FOR PAYMENT.—Para- Tax Court’’. in such annuity, calculated and payable in graph (1) shall apply only to payments made SEC. 5720. RETIREMENT AND ANNUITY PROGRAM. the same manner as adjustments under sec- by the chief judge of the Tax Court after the (a) RETIREMENT AND ANNUITY PROGRAM.— tion 8340(b) of title 5, United States Code, ex- date of receipt by the chief judge of written Part I of subchapter C of chapter 76 is cept that any such annuity, as increased notice of such decree, order, or agreement, amended by inserting after section 7443A the under this subsection, may not exceed the and such additional information as the chief following new section: salary then payable for the position from judge may prescribe.

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‘‘(3) COURT DEFINED.—For purposes of this the field of Federal taxation for the individ- Code, and in accordance with the last 2 sen- subsection, the term ‘court’ means any court ual’s client, the individual’s employer, or tences of paragraph (1) of that subsection. of any State, the District of Columbia, the any of such employer’s clients, shall forfeit For purposes of the preceding sentence, the Commonwealth of Puerto Rico, Guam, the all rights to an annuity under this section term ‘judicial official’ as used in subsection Northern Mariana Islands, or the Virgin Is- for all periods beginning on or after the first (o) of such section 376 shall be deemed to lands, and any Indian tribal court or courts day on which the individual performs (or su- mean ‘magistrate judge of the Tax Court’ of Indian offense. pervises or directs the performance of) such and the terms ‘Administrative Office of the ‘‘(j) DEDUCTIONS, CONTRIBUTIONS, AND DE- services. The preceding sentence shall not United States Courts’ and ‘Director of the POSITS.— apply to any civil office or employment Administrative Office of the United States ‘‘(1) DEDUCTIONS.—Beginning with the next under the Government of the United States. Courts’ shall be deemed to mean ‘chief judge pay period after the chief judge of the Tax ‘‘(3) FORFEITURES NOT TO APPLY WHERE INDI- of the Tax Court’. Court receives a notice under subsection (f) VIDUAL ELECTS TO FREEZE AMOUNT OF ANNU- ‘‘(C) PAYMENT UPON DEATH OF JUDGE BE- that a magistrate judge of the Tax Court has ITY.— FORE RECEIPT OF ANNUITY.—If a magistrate elected an annuity under this section, the ‘‘(A) IN GENERAL.—If a magistrate judge of judge of the Tax Court dies before receiving chief judge shall deduct and withhold 1 per- the Tax Court makes an election under this an annuity under this section, the lump-sum cent of the salary of such magistrate judge. paragraph— credit shall be paid. ‘‘(i) paragraphs (1) and (2) (and section Amounts shall be so deducted and withheld ‘‘(D) PAYMENT OF ANNUITY REMAINDER.—If in a manner determined by the chief judge. 7443C) shall not apply to such magistrate all annuity rights under this section based judge beginning on the date such election Amounts deducted and withheld under this on the service of a deceased magistrate judge takes effect, and subsection shall be deposited in the Treasury of the Tax Court terminate before the total ‘‘(ii) the annuity payable under this sec- of the United States to the credit of the Tax annuity paid equals the lump-sum credit, the tion to such magistrate judge, for periods be- Court Judicial Officers’ Retirement Fund. difference shall be paid. ginning on or after the date such election Deductions under this subsection from the ‘‘(E) PAYMENT UPON DEATH OF JUDGE DURING salary of a magistrate judge shall terminate takes effect, shall be equal to the annuity to which such magistrate judge is entitled on RECEIPT OF ANNUITY.—If a magistrate judge upon the retirement of the magistrate judge of the Tax Court who is receiving an annuity or upon completion of 14 years of service for the day before such effective date. ‘‘(B) ELECTION REQUIREMENTS.—An election under this section dies, any accrued annuity which contributions under this section have benefits remaining unpaid shall be paid. been made, whether continuously or other- under subparagraph (A)— ‘‘(i) may be made by a magistrate judge of ‘‘(F) PAYMENT UPON TERMINATION.—Any ac- wise, as calculated under subsection (g), crued annuity benefits remaining unpaid on whichever occurs first. the Tax Court eligible for retirement under this section, and the termination, except by death, of the an- ‘‘(2) CONSENT TO DEDUCTIONS; DISCHARGE OF ‘‘(ii) shall be filed with the chief judge of nuity of a magistrate judge of the Tax Court CLAIMS.—Each magistrate judge of the Tax shall be paid to that individual. Court who makes an election under sub- the Tax Court. ‘‘(G) PAYMENT UPON ACCEPTING OTHER EM- section (f) shall be deemed to consent and Such an election, once it takes effect, shall PLOYMENT.—Subject to paragraph (2), a mag- be irrevocable. agree to the deductions from salary which istrate judge of the Tax Court who forfeits ‘‘(C) EFFECTIVE DATE OF ELECTION.—Any are made under paragraph (1). Payment of rights to an annuity under subsection (m)(4) such salary less such deductions (and any de- election under subparagraph (A) shall take before the total annuity paid equals the ductions made under section 7448) is a full effect on the first day of the first month fol- lump-sum credit shall be entitled to be paid and complete discharge and acquittance of lowing the month in which the election is the difference if the magistrate judge of the all claims and demands for all services ren- made. Tax Court files an application with the chief dered by such magistrate judge during the ‘‘(4) ACCEPTING OTHER EMPLOYMENT.—Any judge of the Tax Court for payment of that period covered by such payment, except the magistrate judge of the Tax Court who re- difference. A payment under this subpara- right to those benefits to which the mag- tires under this section and thereafter ac- graph voids all rights to an annuity on which istrate judge is entitled under this section cepts compensation for civil office or em- the payment is based. (and section 7448). ployment under the United States Govern- ‘‘(2) SPOUSES AND FORMER SPOUSES.— ‘‘(k) DEPOSITS FOR PRIOR SERVICE.—Each ment (other than for the performance of ‘‘(A) IN GENERAL magistrate judge of the Tax Court who functions as a magistrate judge of the Tax .—Payment of the lump- makes an election under subsection (f) may Court under section 7443C) shall forfeit all sum credit under paragraph (1)(A) or a pay- deposit, for service performed before such rights to an annuity under this section for ment under paragraph (1)(G)— election for which contributions may be the period for which such compensation is ‘‘(i) may be made only if any current made under this section, an amount equal to received. For purposes of this paragraph, the spouse and any former spouse of the mag- 1 percent of the salary received for that serv- term ‘compensation’ includes retired pay or istrate judge of the Tax Court are notified of ice. Credit for any period covered by that salary received in retired status. the magistrate judge’s application, and service may not be allowed for purposes of an ‘‘(n) LUMP-SUM PAYMENTS.— ‘‘(ii) shall be subject to the terms of a annuity under this section until a deposit ‘‘(1) ELIGIBILITY.— court decree of divorce, annulment, or legal under this subsection has been made for that ‘‘(A) IN GENERAL.—Subject to paragraph separation, or any court or court approved period. (2), an individual who serves as a magistrate property settlement agreement incident to ‘‘(l) INDIVIDUAL RETIREMENT RECORDS.—The judge of the Tax Court and— such decree, if— amounts deducted and withheld under sub- ‘‘(i) who leaves office and is not re- ‘‘(I) the decree, order, or agreement ex- section (j), and the amounts deposited under appointed as a magistrate judge of the Tax pressly relates to any portion of the lump- subsection (k), shall be credited to individual Court for at least 31 consecutive days, sum credit or other payment involved, and accounts in the name of each magistrate ‘‘(ii) who files an application with the chief ‘‘(II) payment of the lump-sum credit or judge of the Tax Court from whom such judge of the Tax Court for payment of a other payment would extinguish entitlement amounts are received, for credit to the Tax lump-sum credit, of the magistrate judge’s spouse or former Court Judicial Officers’ Retirement Fund. ‘‘(iii) is not serving as a magistrate judge spouse to any portion of an annuity under ‘‘(m) ANNUITIES AFFECTED IN CERTAIN of the Tax Court at the time of filing of the subsection (i). CASES.— application, and ‘‘(B) NOTIFICATION.—Notification of a ‘‘(1) 1-YEAR FORFEITURE FOR FAILURE TO ‘‘(iv) will not become eligible to receive an spouse or former spouse under this para- PERFORM JUDICIAL DUTIES.—Subject to para- annuity under this section within 31 days graph shall be made in accordance with such graph (3), any magistrate judge of the Tax after filing the application, procedures as the chief judge of the Tax Court who retires under this section and who is entitled to be paid the lump-sum credit. Court shall prescribe. The chief judge may fails to perform judicial duties required of Payment of the lump-sum credit voids all provide under such procedures that subpara- such individual by section 7443C shall forfeit rights to an annuity under this section based graph (A)(i) may be waived with respect to a all rights to an annuity under this section on the service on which the lump-sum credit spouse or former spouse if the magistrate for a 1-year period which begins on the 1st is based, until that individual resumes office judge establishes to the satisfaction of the day on which such individual fails to perform as a magistrate judge of the Tax Court. chief judge that the whereabouts of such such duties. ‘‘(B) PAYMENT TO SURVIVORS.—Lump-sum spouse or former spouse cannot be deter- ‘‘(2) PERMANENT FORFEITURE OF RETIRED benefits authorized by subparagraphs (C), mined. PAY WHERE CERTAIN NON-GOVERNMENT SERV- (D), and (E) of this paragraph shall be paid to ‘‘(C) RESOLUTION OF 2 OR MORE ORDERS.— ICES PERFORMED.—Subject to paragraph (3), the person or persons surviving the mag- The chief judge shall prescribe procedures any magistrate judge of the Tax Court who istrate judge of the Tax Court and alive on under which this paragraph shall be applied retires under this section and who thereafter the date title to the payment arises, in the in any case in which the chief judge receives performs (or supervises or directs the per- order of precedence set forth in subsection 2 or more orders or decrees described in sub- formance of) legal or accounting services in (o) of section 376 of title 28, United States paragraph (A).

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9319

‘‘(3) DEFINITION.—For purposes of this sub- Thrift Savings Fund in any pay period shall of the annuity otherwise provided under the section, the term ‘lump-sum credit’ means not exceed the maximum percentage of such amendments made by this part, to— the unrefunded amount consisting of— judge’s basic pay for such pay period as al- (1) an annuity under subchapter III of ‘‘(A) retirement deductions made under lowable under section 8440f of title 5, United chapter 83, or under chapter 84 (except for this section from the salary of a magistrate States Code. subchapters III and VII), of title 5, United judge of the Tax Court, ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF States Code, as the case may be, for cred- ‘‘(B) amounts deposited under subsection JUDGE.—No contributions may be made for itable service before the date on which serv- (k) by a magistrate judge of the Tax Court the benefit of a magistrate judge under sec- ice would begin to be credited for purposes of covering earlier service, and tion 8432(c) of title 5, United States Code. paragraph (2), and ‘‘(C) interest on the deductions and depos- ‘‘(C) APPLICABILITY OF SECTION 8433(b) OF (2) an annuity calculated under subsection its which, for any calendar year, shall be TITLE 5.—Section 8433(b) of title 5, United (b) or (c) and subsection (g) of section 7443B equal to the overall average yield to the Tax States Code, applies with respect to a mag- of the Internal Revenue Code of 1986, as Court Judicial Officers’ Retirement Fund istrate judge who makes an election under added by this Act, for any service as a mag- during the preceding fiscal year from all ob- paragraph (1) and— istrate judge of the United States Tax Court ligations purchased by the Secretary during ‘‘(i) who retires entitled to an immediate or special trial judge of the United States such fiscal year under subsection (o); but annuity under this section (including a dis- Tax Court but only with respect to service as does not include interest— ability annuity under subsection (d) of this such a magistrate judge or special trial judge ‘‘(i) if the service covered thereby aggre- section) or section 5721 of the United States after a date not earlier than 91⁄2 years prior gates 1 year or less, or Tax Court Modernization Act, to the date of the enactment of this Act (as ‘‘(ii) for the fractional part of a month in ‘‘(ii) who retires before attaining age 65 but specified in the election pursuant to sub- the total service. is entitled, upon attaining age 65, to an an- section (b)) for which deductions and depos- ‘‘(o) TAX COURT JUDICIAL OFFICERS’ RE- nuity under this section or section 5721 of its are made under subsections (j) and (k) of TIREMENT FUND.— the United States Tax Court Modernization such section 7443B, as applicable, without re- ‘‘(1) ESTABLISHMENT.—There is established Act, or gard to the minimum number of years of in the Treasury a fund which shall be known ‘‘(iii) who retires before becoming entitled service as such a magistrate judge of the as the ‘Tax Court Judicial Officers’ Retire- to an immediate annuity, or an annuity United States Tax Court, except that— ment Fund’. Amounts in the Fund are au- upon attaining age 65, under this section or (A) in the case of a magistrate judge who thorized to be appropriated for the payment section 5721 of the United States Tax Court retired with less than 8 years of service, the of annuities, refunds, and other payments Modernization Act. annuity under subsection (c) of such section under this section. ‘‘(D) SEPARATION FROM SERVICE.—With re- 7443B shall be equal to that proportion of the ‘‘(2) INVESTMENT OF FUND.—The Secretary spect to a magistrate judge to whom this salary being received at the time the mag- shall invest, in interest bearing securities of subsection applies, retirement under this istrate judge leaves office which the years of the United States, such currently available section or section 5721 of the United States service bears to 14, subject to a reduction in portions of the Tax Court Judicial Officers’ Tax Court Modernization Act is a separation accordance with subsection (c) of such sec- Retirement Fund as are not immediately re- from service for purposes of subchapters III tion 7443B if the magistrate judge is under quired for payments from the Fund. The in- and VII of chapter 84 of title 5, United States age 65 at the time he or she leaves office, and come derived from these investments con- Code. (B) the aggregate amount of the annuity stitutes a part of the Fund. ‘‘(4) DEFINITIONS.—For purposes of this sub- initially payable on retirement under this ‘‘(3) UNFUNDED LIABILITY.— section, the terms ‘retirement’ and ‘retire’ subsection may not exceed the rate of pay ‘‘(A) IN GENERAL.—There are authorized to include removal from office under section for the magistrate judge which is in effect on be appropriated to the Tax Court Judicial Of- 7443A(a)(2) on the sole ground of mental or the day before the retirement becomes effec- ficers’ Retirement Fund amounts required to physical disability. tive. reduce to zero the unfunded liability of the ‘‘(5) OFFSET.—In the case of a magistrate (b) FILING OF NOTICE OF ELECTION.—A mag- Fund. judge who receives a distribution from the istrate judge of the United States Tax Court ‘‘(B) UNFUNDED LIABILITY.—For purposes of Thrift Savings Fund and who later receives shall be entitled to an annuity under this subparagraph (A), the term ‘unfunded liabil- an annuity under this section, that annuity section only if the magistrate judge files a ity’ means the estimated excess, determined shall be offset by an amount equal to the notice of that election with the chief judge on an annual basis in accordance with the amount which represents the Government’s of the United States Tax Court specifying provisions of section 9503 of title 31, United contribution to that person’s Thrift Savings the date on which service would begin to be States Code, of the present value of all bene- Account, without regard to earnings attrib- credited under section 7443B of the Internal fits payable from the Tax Court Judicial Of- utable to that amount. Where such an offset Revenue Code of 1986, as added by this Act, ficers’ Retirement Fund over the sum of— would exceed 50 percent of the annuity to be in lieu of chapter 83 or chapter 84 of title 5, ‘‘(i) the present value of deductions to be received in the first year, the offset may be United States Code. Such notice shall be withheld under this section from the future divided equally over the first 2 years in filed in accordance with such procedures as basic pay of magistrate judges of the Tax which that person receives the annuity. the chief judge of the United States Tax Court, plus ‘‘(6) EXCEPTION.—Notwithstanding clauses Court shall prescribe. ‘‘(ii) the balance in the Fund as of the date (i) and (ii) of paragraph (3)(C), if any mag- (c) LUMP-SUM CREDIT UNDER TITLE 5.—A the unfunded liability is determined. istrate judge retires under circumstances magistrate judge of the United States Tax ‘‘(p) PARTICIPATION IN THRIFT SAVINGS making such magistrate judge eligible to Court who makes an election under sub- PLAN.— make an election under subsection (b) of sec- section (b) shall be entitled to a lump-sum ‘‘(1) ELECTION TO CONTRIBUTE.— tion 8433 of title 5, United States Code, and credit under section 8342 or 8424 of title 5, ‘‘(A) IN GENERAL.—A magistrate judge of such magistrate judge’s nonforfeitable ac- United States Code, as the case may be, for the Tax Court who elects to receive an annu- count balance is less than an amount that any service which is covered under section ity under this section or under section 5721 the Executive Director of the Office of Per- 7443B of the Internal Revenue Code of 1986, as of the United States Tax Court Moderniza- sonnel Management prescribes by regula- added by this Act, pursuant to that election, tion Act may elect to contribute an amount tion, the Executive Director shall pay the and with respect to which any contributions of such individual’s basic pay to the Thrift nonforfeitable account balance to the partic- were made by the magistrate judge under the Savings Fund established by section 8437 of ipant in a single payment.’’. applicable provisions of title 5, United States title 5, United States Code. (b) CONFORMING AMENDMENT.—The table of Code. ‘‘(B) PERIOD OF ELECTION.—An election may sections for part I of subchapter C of chapter (d) RECALL.—With respect to any mag- be made under this paragraph as provided 76 is amended by inserting after the item re- istrate judge of the United States Tax Court under section 8432(b) of title 5, United States lating to section 7443A the following new receiving an annuity under this section who Code, for individuals subject to chapter 84 of item: is recalled to serve under section 7443C of the such title. Internal Revenue Code of 1986, as added by ‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— ‘‘Sec. 7443B. Retirement for magistrate this Act— Except as otherwise provided in this sub- judges of the Tax Court.’’. (1) the amount of compensation which such section, the provisions of subchapters III and SEC. 5721. INCUMBENT MAGISTRATE JUDGES OF recalled magistrate judge receives under VII of chapter 84 of title 5, United States THE TAX COURT. such section 7443C shall be calculated on the Code, shall apply with respect to a mag- (a) RETIREMENT ANNUITY UNDER TITLE 5 basis of the annuity received under this sec- istrate judge who makes an election under AND SECTION 7443B OF THE INTERNAL REVENUE tion, and paragraph (1). CODE OF 1986.—A magistrate judge of the (2) such recalled magistrate judge of the ‘‘(3) SPECIAL RULES.— United States Tax Court in active service on United States Tax Court may serve as a re- ‘‘(A) AMOUNT CONTRIBUTED.—The amount the date of the enactment of this Act shall, employed annuitant to the extent otherwise contributed by a magistrate judge to the subject to subsection (b), be entitled, in lieu permitted under title 5, United States Code.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9320 CONGRESSIONAL RECORD—SENATE May 11, 2005 Section 7443B(m)(4) of the Internal Revenue California, to test the effectiveness of impos- (B) the appropriate size and color of the Code of 1986, as added by this Act, shall not ing certain tolls on trucks to abate air pollu- font of such language so that it is con- apply with respect to service as a reem- tion in an extreme nonattainment area. spicuous to the individual introducing fuel ployed annuitant described in paragraph (2). (2) CONDITIONS.—The toll shall be estab- into the vehicle; and SEC. 5722. PROVISIONS FOR RECALL. lished only if the State of California deter- (2) for the temporary window or windshield (a) IN GENERAL.—Part I of subchapter C of mines, and the Secretary agrees, that in an label referred to in paragraph (2) of such sec- chapter 76, as amended by this Act, is extreme nonattainment area, including on a tion 32908(e), that— amended by inserting after section 7443B the State highway that is regularly used for (A) prohibit the label from being removed following new section: interstate commerce and is used as alter- by any seller prior to the final sale of the ve- ‘‘SEC. 7443C. RECALL OF MAGISTRATE JUDGES OF native route to an interstate highway, a toll hicle to a consumer; and THE TAX COURT. would bring about substantial abatement of (B) describe the specifications of the label, ‘‘(a) RECALLING OF RETIRED MAGISTRATE air pollution from interstate commerce. In including that the label shall be— JUDGES.—Any individual who has retired making a determination with respect to the (i) prominently displayed and conspicuous pursuant to section 7443B or the applicable abatement, the Secretary may consider al- on the vehicle; and provisions of title 5, United States Code, ternative collection methods, such as using (ii) separate from any other window or upon reaching the age and service require- interstate truck weighing stations to assess windshield sticker, decal, or label. ments established therein, may at or after variable fees and taking into account the (c) COMPLIANCE.— retirement be called upon by the chief judge amount of emissions generated. (1) IN GENERAL.—A manufacturer shall be of the Tax Court to perform such judicial du- (3) DEFINITIONS.—In this subsection, the required to comply with the requirements of ties with the Tax Court as may be requested term ‘‘truck’’ has the meaning given that section 32908(e) of title 49, United State Code, of such individual for any period or periods term under California law on the date of en- as amended by subsection (a), for a vehicle specified by the chief judge; except that in actment of this Act. that is manufactured for a model year after the case of any such individual— (4) LIMITATION.—Tolls under this sub- model year 2006. ‘‘(1) the aggregate of such periods in any 1 section shall only apply to trucks with a (2) MODEL YEAR DEFINED.—In this sub- calendar year shall not (without such indi- gross vehicle weight rating of 14,000 pounds section, the term ‘‘model year’’ shall have vidual’s consent) exceed 90 calendar days, or more. the meaning given such term in section and 32901(a) of such title. ‘‘(2) such individual shall be relieved of SA 634. Mr. DAYTON (for himself, (d) VIOLATIONS.— performing such duties during any period in Mr. LUGAR, Mr. DURBIN, Mr. COLEMAN, (1) IN GENERAL.—Section 32908(f) of title 49, which illness or disability precludes the per- Mr. HARKIN, Mr. BINGAMAN, and Mr. United States Code, as redesignated by sub- formance of such duties. SALAZAR) submitted an amendment in- section (a), is amended by inserting ‘‘or (e)’’ Any act, or failure to act, by an individual tended to be proposed to amendment after ‘‘subsection (b)’’. performing judicial duties pursuant to this (2) CONFORMING AMENDMENT.—Section SA 605 proposed by Mr. INHOFE to the subsection shall have the same force and ef- 32911(a) of such title is amended by inserting fect as if it were the act (or failure to act) of bill H.R. 3, to authorize funds for Fed- ‘‘32908(e),’’ after ‘‘32908(b),’’. a magistrate judge of the Tax Court. eral-aid highways, highway safety pro- ‘‘(b) COMPENSATION.—For the year in which grams, and transit programs, and for SA 635. Mr. BYRD submitted an a period of recall occurs, the magistrate other purposes; which was ordered to amendment intended to be proposed by judge shall receive, in addition to the annu- lie on the table; as follows: him to the bill H.R. 3, to authorize ity provided under the provisions of section At the end of subtitle F of title I, insert funds for Federal-aid highways, high- 7443B or under the applicable provisions of the following: way safety programs, and transit pro- title 5, United States Code, an amount equal SEC. 1623. IDENTIFICATION OF CERTAIN ALTER- grams, and for other purposes; which to the difference between that annuity and NATIVE FUELED VEHICLES. the current salary of the office to which the was ordered to lie on the table; as fol- (a) IN GENERAL.—Section 32908 of title 49, lows: magistrate judge is recalled. The annuity of United States Code, is amended— the magistrate judge who completes that pe- (1) by redesignating subsections (e) and (f) At the appropriate place, insert the fol- riod of service, who is not recalled in a sub- as subsection (f) and (g), respectively; and lowing: sequent year, and who retired under section (2) by inserting after subsection (d) the fol- SEC. ll. TAX CREDIT FOR RURAL COMMUTERS. 7443B, shall be equal to the salary in effect at lowing new subsection: (a) IN GENERAL.—Subpart A of part IV of the end of the year in which the period of re- ‘‘(e) IDENTIFICATION OF CERTAIN ALTER- subchapter A of chapter 1 of the Internal call occurred for the office from which such NATIVE FUELED VEHICLES.—A manufacturer Revenue Code of 1986 is amended by inserting individual retired. shall affix, or have affixed, to each dual after section 25B the following new section: ‘‘(c) RULEMAKING AUTHORITY.—The provi- fueled automobile manufactured by the man- ‘‘SEC. 25C. RURAL COMMUTER CREDIT. sions of this section may be implemented ufacturer (including each light duty truck) ‘‘(a) ALLOWANCE OF CREDIT.—In the case of under such rules as may be promulgated by that may be operated on the alternative fuel an eligible commuter, there shall be allowed the Tax Court.’’. described in section 32901(a)(1)(D)— as a credit against the tax imposed by this (b) CONFORMING AMENDMENT.—The table of ‘‘(1) a permanent label inside the auto- chapter for the taxable year an amount sections for part I of subchapter C of chapter mobile’s fuel door compartment that— equal to $500. 76, as amended by this Act, is amended by in- ‘‘(A) meets the requirements of the regula- ‘‘(b) ELIGIBLE COMMUTER.—For purposes of serting after the item relating to section tions prescribed by the Administrator for this section: 7443B the following new item: such label; and ‘‘(1) IN GENERAL.—The term ‘eligible com- ‘‘Sec. 7443C. Recall of magistrate judges of ‘‘(B) states that the automobile may be op- muter’ means an individual who, during the the Tax Court.’’. erated on the alternative fuel described in taxable year— SEC. 5723. EFFECTIVE DATE. section 32901(a)(1)(D) and identifies such al- ‘‘(A) resides in an eligible State, Except as otherwise provided, the amend- ternative fuel; and ‘‘(B) drives an average of more than 250 ments made by this part shall take effect on ‘‘(2) a temporary label to the window or miles per week for purposes of commuting to the date of the enactment of this Act. windshield of the automobile that— and from any location related to the employ- ‘‘(A) meets the requirements of the regula- ment of such individual, and SA 633. Mrs. FEINSTEIN submitted tions prescribed by the Administrator for ‘‘(C) has an adjusted gross income of less an amendment intended to be proposed such label; and than— to amendment SA 605 proposed by Mr. ‘‘(B) identifies the automobile as capable ‘‘(i) in the case of a joint return, $100,000, INHOFE to the bill H.R. 3, to authorize of operating on such alternative fuel.’’. ‘‘(ii) in the case of a head of household re- funds for Federal-aid highways, high- (b) REGULATIONS.—Not later than March 1, turn, $75,000, and 2006, the Administrator of the Environ- ‘‘(iii) in any other case, $50,000. way safety programs, and transit pro- mental Protection Agency shall promulgate ‘‘(2) ELIGIBLE STATE.— grams, and for other purposes; which regulations— ‘‘(A) IN GENERAL.—The term ‘eligible was ordered to lie on the table; as fol- (1) for the label referred to in paragraph (1) State’ means any State with respect to lows: of section 32908(e) of title 49, United States which— On page 263, between lines 21 and 22, insert Code, as amended by subsection (a), that de- ‘‘(i) the percentage of the population resid- the following: scribe— ing in urban areas is less than the national (d) SAN JOAQUIN VALLEY PILOT TRUCK TOLL (A) the language that shall be set out on average, PROGRAM.— the label, including a statement that the ve- ‘‘(ii) the disposable personal income per (1) IN GENERAL.—The Secretary may estab- hicle is capable of operating on a mixture of capita is less than 114 percent of the national lish toll facilities in the San Joaquin Valley, 85 percent ethanol blended with gasoline; and average, and

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9321 ‘‘(iii) the use of public transportation by SA 639. Mr. LAUTENBERG sub- published under subparagraph (A) on the the population for the purpose of commuting mitted an amendment intended to be basis that a State law or regulation could to and from work is less than the national proposed by him to the bill H.R. 3, to have authorized the operation of the unit at average. authorize funds for Federal-aid high- some prior date by permit or otherwise. ‘‘(B) DETERMINATION OF ELIGIBLE STATES.— ways, highway safety programs, and ‘‘(C) PUBLICATION OF FINAL LIST.—Not later The Secretary shall determine which States than 270 days after the date of enactment of are eligible States under subparagraph (A) transit programs, and for other pur- the Safe Highways and Infrastructure Pres- based on the most recent data available from poses; which was ordered to lie on the ervation Act, the Secretary shall publish a the Bureau of the Census. table; as follows: final list of restricted property-carrying ‘‘(3) STATE.—The term ‘State’ means the 50 At the appropriate place, insert the fol- units described in subparagraph (A). States of the United States. lowing: ‘‘(D) UPDATES.—The Secretary shall update ‘‘(c) TERMINATION.—This section shall not TITLE —SAFE HIGHWAYS AND the list published under subparagraph (C) as apply to any taxpayer for any taxable year INFRASTRUCTURE PRESERVATION necessary to reflect new designations made beginning after December 31, 2005.’’. SEC. —001. SHORT TITLE. to the National Highway System. (b) CONFORMING AMENDMENT.—The table of This title may be cited as the ‘‘Safe High- ‘‘(3) APPLICABILITY OF PROHIBITION.—The section for subpart A of part IV of the Inter- ways and Infrastructure Preservation Act’’. prohibition established by subsection nal Revenue Code of 1986 is amended by in- (b)(1)(C) shall apply to any new designation serting after the item relating to section 25B SEC. —002. OPERATION OF RESTRICTED PROP- ERTY-CARRYING UNITS ON NA- made to the National Highway System and the following new item: TIONAL HIGHWAY SYSTEM. remain in effect on those portions of the Na- ‘‘Sec. 25C. Rural commuter credit.’’. (a) RESTRICTED PROPERTY-CARRYING UNIT tional Highway System that cease to be des- (c) EFFECTIVE DATE.—The amendments DEFINED.—Section 31111(a)(1) of title 49, ignated as part of the National Highway Sys- made by this section shall apply to taxable United States Code, is amended— tem. years beginning after December 31, 2004. (1) by redesignating paragraph (3) as para- ‘‘(4) LIMITATION ON STATUTORY CONSTRUC- graph (4); and TION.—This subsection does not prevent a SA 636. Mr. ENSIGN submitted an (2) by inserting after paragraph (2) the fol- State from further restricting in any manner amendment intended to be proposed to lowing: or prohibiting the operation of a restricted amendment SA 605 proposed by Mr. ‘‘(3) RESTRICTED PROPERTY-CARRYING property-carrying unit if the restrictions or INHOFE to the bill H.R. 3, to authorize UNIT.—The term ‘restricted property-car- prohibitions are consistent with the require- funds for Federal-aid highways, high- rying unit’ means any trailer, semi-trailer, ments of this section and sections 31112 container, or other property-carrying unit way safety programs, and transit pro- through 31114.’’. that is longer than 53 feet.’’. (d) ENFORCEMENT.—The second sentence of grams, and for other purposes; which (b) PROHIBITION ON OPERATION OF RE- section 141(a) of title 23, United States Code, was ordered to lie on the table; as fol- STRICTED PROPERTY-CARRYING UNITS.— is amended by striking ‘‘section 31112’’ and lows: (1) IN GENERAL.—Section 31111(b)(1)(C) of inserting ‘‘sections 31111 and 31112’’. title 49, United States Code, is amended to On page 410, between lines 7 and 8, insert SEC. —003. OPERATION OF LONGER COMBINA- the following: read as follows: TION VEHICLES ON NATIONAL HIGH- ‘‘(C) allows operation on any segment of SEC. ll. US–95 PROJECT, LAS VEGAS, NEVADA. WAY SYSTEM. the National Highway System, including the (a) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—Section 31112 of title 49, Interstate System, of a restricted property- other provision of law, the project identified United States Code, is amended— carrying unit unless the operation is speci- as the preferred alternative in the document (1) by redesignating subsections (f) and (g) fied on the list published under subsection entitled ‘‘US–95 Project in Las Vegas, Ne- as subsections (g) and (h), respectively; and (h);’’. vada’’, as approved by the Federal Highway (2) by inserting after subsection (e) the fol- (2) EFFECTIVE DATE.—The amendment Administration on November 18, 1999, and se- lowing: made by paragraph (1) shall take effect 270 lected in the record of decision dated Janu- ‘‘(f) NATIONAL HIGHWAY SYSTEM.— days after the date of enactment of this Act. ary 28, 2000, shall be considered to meet all ‘‘(1) GENERAL RULE.—A State may not (c) LIMITATIONS.—Section 31111 of title 49, allow, on a segment of the National Highway requirements of section 102(2)(C) of the Na- United States Code, is amended by adding at tional Environmental Policy Act of 1969 (42 the end the following: System that is not covered under subsection U.S.C. 4332(2)(C)) and any related laws with ‘‘(h) RESTRICTED PROPERTY-CARRYING (b) or (c), the operation of a commercial respect to the determination contained in UNITS.— motor vehicle combination (except a vehicle the record of decision. ‘‘(1) APPLICABILITY OF PROHIBITION.— or load that cannot be dismantled easily or (b) AUTHORIZATION.—The State of Nevada ‘‘(A) IN GENERAL.—Notwithstanding sub- divided easily and that has been issued a spe- may continue construction of the project de- section (b)(1)(C), a restricted property-car- cial permit under applicable State law) with scribed in subsection (a) to completion. rying unit may continue to operate on a seg- more than one property-carrying unit (not ment of the National Highway System if the including the truck tractor) whose property- SA 637. Mr. COBURN submitted an operation of such unit is specified on the list carrying units are more than— amendment intended to be proposed to published under paragraph (2). ‘‘(A) the maximum combination trailer, amendment SA 605 proposed by Mr. ‘‘(B) APPLICABILITY OF STATE LAWS AND semitrailer, or other type of length limita- INHOFE to the bill H.R. 3, to authorize REGULATIONS.—All operations specified on tion allowed by law or regulation of that funds for Federal-aid highways, high- the list published under paragraph (2) shall State on June 1, 2005, or way safety programs, and transit pro- continue to be subject to all State statutes, ‘‘(B) the length of the property-carrying units of those commercial motor vehicle grams, and for other purposes; which regulations, limitations and conditions, in- cluding routing-specific, commodity-specific, combinations, by specific configuration, in was ordered to lie on the table; as fol- and configuration-specific designations and actual and lawful operation on a regular or lows: all other restrictions, in force on June 1, periodic basis (including continuing seasonal In title VI, on page 5, line 4, strike ‘‘a 2005. operation) in that State on or before June 1, semicolon’’ and insert ‘‘ ‘or 20 percent of such ‘‘(C) FIRE-FIGHTING UNITS.—Subsection 2005. recipient’s annual formula apportionment (b)(1)(C) shall not apply to the operation of a ‘‘(2) ADDITIONAL LIMITATIONS.— under sections 5307 and 5311 in the case where restricted property-carrying unit that is ‘‘(A) APPLICABILITY OF STATE RESTRIC- the service is acquired by contract;’ ’’. used exclusively for fire-fighting. TIONS.—A commercial motor vehicle com- ‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR- bination whose operation in a State is not SA 638. Mr. CARPER submitted an RYING UNITS.— prohibited under paragraph (1) may continue amendment intended to be proposed to ‘‘(A) IN GENERAL.—Not later than 60 days to operate in the State on highways de- amendment SA 605 proposed by Mr. after the date of enactment of the Safe High- scribed in paragraph (1) only in compliance INHOFE to the bill H.R. 3, to authorize ways and Infrastructure Preservation Act, with all State laws, regulations, limitations, funds for Federal-aid highways, high- the Secretary shall initiate a proceeding to and conditions, including routing-specific way safety programs, and transit pro- determine and publish a list of restricted and configuration-specific designations and property-carrying units that were authorized all other restrictions in force in the State on grams, and for other purposes; which by State officials pursuant to State statute June 1, 2005. However, subject to regulations was ordered to lie on the table; as fol- or regulation on June 1, 2005, and in actual prescribed by the Secretary under subsection lows: and lawful operation on a regular or periodic (h), the State may make minor adjustments On page 276, line 9, insert ‘‘ (including basis (including seasonal operations) on or of a temporary and emergency nature to intercity passenger rail when used for the before June 1, 2005. route designations and vehicle operating re- purpose of a daily commute)’’ after ‘‘transit ‘‘(B) LIMITATION.—A restricted property- strictions in effect on June 1, 2005, for spe- ridership’’. carrying unit may not be included on the list cific safety purposes and road construction.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9322 CONGRESSIONAL RECORD—SENATE May 11, 2005

‘‘(B) ADDITIONAL STATE RESTRICTIONS.— (f)(1))’’ after ‘‘June 2, 1991’’ in paragraph (3) limit’ means the 80,000 pound gross vehicle This subsection does not prevent a State of subsection (g) (as redesignated by sub- weight limitation, the 20,000 pound single from further restricting in any manner or section (a) of this section); axle weight limitation (including enforce- prohibiting the operation of a commercial (3) by striking ‘‘Not later than June 15, ment tolerances), the 34,000 pound tandem motor vehicle combination subject to this 1992, the Secretary’’ and inserting ‘‘The Sec- axle weight limitation (including enforce- section if the restrictions or prohibitions are retary’’; and ment tolerances), and the overall maximum consistent with this section and sections (4) by inserting ‘‘or (f)’’ after ‘‘subsection gross weight (including enforcement toler- 31113(a), 31113(b), and 31114. (d)’’ in paragraph (2) of subsection (h) (as re- ances) on a group of 2 or more consecutive ‘‘(C) MINOR ADJUSTMENTS.—A State making designated by subsection (a) of this section). axles produced by application of the formula a minor adjustment of a temporary and SEC. —004. TERMINATION OF DETERMINATIONS in subsection (a).’’. emergency nature as authorized by subpara- OF GRANDFATHER RIGHTS. (b) CONFORMING AMENDMENT.—The fourth graph (A) or further restricting or prohib- (a) IN GENERAL.—Section 127 of title 23, sentence of section 127(a) of title 23, United iting the operation of a commercial motor United States Code, is amended by adding at States Code, is amended by striking ‘‘the vehicle combination as authorized by sub- the end the following: State determines’’. paragraph (B) shall advise the Secretary not ‘‘(h) GRANDFATHER RIGHTS.— later than 30 days after the action. The Sec- ‘‘(1) GENERAL RULE.—After the 270th day SEC. —005. NONDIVISIBLE LOAD PROCEEDING. retary shall publish a notice of the action in following the date of enactment of the Safe Section 127 of title 23, United States Code, the Federal Register. Highways and Infrastructure Preservation is further amended by adding at the end the ‘‘(3) LIST OF STATE LENGTH LIMITATIONS.— Act, a State may not allow, on a segment of following: ‘‘(A) STATE SUBMISSIONS.—Not later than 60 the Interstate System, the operation of a ve- ‘‘(i) NONDIVISIBLE LOADS.— days after the date of enactment of the Safe hicle or combination (other than a longer ‘‘(1) PROCEEDING.—Not later than 60 days Highways and Infrastructure Preservation combination vehicle) exceeding an Interstate after the date of enactment of the Safe High- Act, each State shall submit to the Sec- weight limit unless the operation is specified ways and Infrastructure Preservation Act, retary for publication a complete list of on the list published under paragraph (2). the Secretary shall initiate a proceeding to State length limitations applicable to com- ‘‘(2) LIST OF VEHICLES AND COMBINATIONS.— define the term ‘vehicles and loads which mercial motor vehicle combinations oper- ‘‘(A) PROCEEDING.—Not later than 60 days cannot be easily dismantled or divided’ as ating in the State on the highways described after the date of enactment of the Safe High- used in subsection (a) and section 31112 of in paragraph (1). The list shall indicate the ways and Infrastructure Preservation Act, title 49. applicable State laws and regulations associ- the Secretary shall initiate a proceeding to ‘‘(2) LIST OF COMMODITIES.— ated with the length limitations. If a State determine and publish a list of vehicles and ‘‘(A) IN GENERAL.—The definition developed does not submit the information as required, combinations (other than longer combina- under paragraph (1) shall include a list of the Secretary shall complete and file the in- tion vehicles), otherwise exceeding an Inter- commodities (or classes or types of commod- formation for the State. state weight limit, that the Department of ities) that do not qualify as nondivisible ‘‘(B) PUBLICATION OF INTERIM LIST.—Not Transportation, any other Federal agency, loads. later than 90 days after the date of enact- or a State has determined on or before June ‘‘(B) LIMITATION.—The list of commodities ment of the Safe Highways and Infrastruc- 1, 2005, could be lawfully operated within developed under paragraph (1) shall not be ture Preservation Act, the Secretary shall such State— interpreted to be a comprehensive list of publish an interim list in the Federal Reg- ‘‘(i) on July 1, 1956; commodities that do not qualify as nondivis- ister consisting of all information submitted ‘‘(ii) in the case of the overall gross weight ible loads. under subparagraph (A). The Secretary shall of any group of 2 or more consecutive axles, ‘‘(3) REGULATIONS.—Not later than 270 days review for accuracy all information sub- on the date of enactment of the Federal-Aid after the date of enactment of the Safe High- mitted by a State under subparagraph (A) Highway Amendments of 1974; or ways and Infrastructure Preservation Act, and shall solicit and consider public com- ‘‘(iii) under a special rule applicable to a the Secretary shall issue final regulations ment on the accuracy of the information. State under subsection (a). setting forth the determination of the Sec- ‘‘(C) LIMITATION.—A law or regulation may ‘‘(B) LIMITATIONS.— retary made under paragraph (1). The Sec- not be included on the list submitted by a ‘‘(i) ACTUAL AND LAWFUL OPERATIONS RE- retary shall update the regulations as nec- QUIRED.—An operation of a vehicle or com- State or published by the Secretary merely essary. bination may be included on the list pub- because it authorized, or could have author- ‘‘(4) APPLICABILITY.—Regulations issued lished under subparagraph (A) only if the ve- ized, by permit or otherwise, the operation of under paragraph (2) shall apply to all vehi- hicle or combination was in actual and law- commercial motor vehicle combinations not cles and loads operating on the National ful operation in the State on a regular or in actual operation on a regular or periodic Highway System. periodic basis on or before June 1, 2005. basis on or before June 1, 2005. ‘‘(5) STATE REQUIREMENTS.—A State may ‘‘(ii) STATE AUTHORITY NOT SUFFICIENT.—An ‘‘(D) PUBLICATION OF FINAL LIST.—Except as establish any requirement that is not incon- operation of a vehicle or combination may revised under this subparagraph or subpara- sistent with regulations issued under para- not be included on the list published under graph (E), the list shall be published as final graph (2). in the Federal Register not later than 270 subparagraph (A) on the basis that a State TATEMENT OF POLICY.—The purpose of law or regulation could have authorized the ‘‘(6) S days after the date of enactment of the Safe this subsection is to promote conformity Highways and Infrastructure Preservation operation of the vehicle or combination at some prior date by permit or otherwise. with Interstate weight limits to preserve Act. In publishing the final list, the Sec- publicly funded infrastructure and protect ‘‘(C) PUBLICATION OF FINAL LIST.—Not later retary shall make any revisions necessary to motorists by limiting maximum vehicle correct inaccuracies identified under sub- than 270 days after the date of enactment of weight on key portions of the Federal-aid paragraph (B). After publication of the final the Safe Highways and Infrastructure Pres- highway system.’’. list, commercial motor vehicle combinations ervation Act, the Secretary shall publish a prohibited under paragraph (1) may not oper- final list of vehicles and combinations de- SEC. —006. WAIVERS OF WEIGHT LIMITATIONS ate on a highway described in paragraph (1) scribed in subparagraph (A). DURING PERIODS OF NATIONAL except as published on the list. ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- EMERGENCY. ‘‘(E) INACCURACIES.—On the Secretary’s TION.—This subsection does not prevent a Section 127 of title 23, United States Code, own motion or on request by any person (in- State from reducing the gross vehicle weight is further amended by adding at the end the cluding a State), the Secretary shall review limitation, the single and tandem axle following: the list published under subparagraph (D). If weight limitations, or the overall maximum ‘‘(j) WAIVERS DURING PERIODS OF NATIONAL the Secretary decides there is reason to be- gross weight on a group of 2 or more con- EMERGENCY.— lieve a mistake was made in the accuracy of secutive axles applicable to portions of the ‘‘(1) IN GENERAL.—Notwithstanding any the list, the Secretary shall begin a pro- Interstate System in the State for oper- other provision of this section or section 126, ceeding to decide whether a mistake was ations on the list published under paragraph the Secretary, in consultation with the Sec- made. If the Secretary decides there was a (2)(C) as long as no such reduction results in retary of Defense or Secretary of Homeland mistake, the Secretary shall publish the cor- a limitation that is less than an Interstate Security, may waive or limit the application rection.’’. weight limit. of any vehicle weight limit established under (b) CONFORMING AMENDMENTS.—Section ‘‘(4) APPLICABILITY OF EXISTING REQUIRE- this section or section 126 with respect to a 31112 of title 49, United States Code, is MENTS.—All vehicles and combinations in- highway route during a period of national amended— cluded on the list published under paragraph emergency in order to respond to the effects (1) by inserting ‘‘126(e) or’’ before ‘‘127(d)’’ (2) shall be subject to all routing-specific, of the national emergency. in paragraph (1) of subsection (g) (as redesig- commodity-specific, and weight-specific des- ‘‘(2) APPLICABILITY.—Emergency limits es- nated by subsection (a) of this section); ignations in force in a State on June 1, 2005. tablished under paragraph (1) shall preempt (2) by inserting ‘‘(or June 1, 2005, with re- ‘‘(5) INTERSTATE WEIGHT LIMIT DEFINED.—In any inconsistent State vehicle weight lim- spect to highways described in subsection this subsection, the term ‘Interstate weight its.’’.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9323 SEC. —007. VEHICLE WEIGHT LIMITATIONS—NA- the Safe Highways and Infrastructure Pres- State from further restricting in any manner TIONAL HIGHWAY SYSTEM. ervation Act, the Secretary shall publish a or prohibiting the operation of a longer com- (a) IN GENERAL.—Title 23, United States final list of vehicles and combinations de- bination vehicle if the restrictions or prohi- Code, is amended by inserting after section scribed in paragraph (1). bitions are consistent with the requirements 125 the following: ‘‘(5) UPDATES.—The Secretary shall update of section 127 of this title and sections 31112 ‘‘§ 126. Vehicle weight limitations—National the list published under paragraph (1) as nec- through 31114 of title 49, United States Code. Highway System essary to reflect new designations made to ‘‘(f) MODEL SCHEDULE OF FINES.— ‘‘(a) NON-INTERSTATE HIGHWAYS ON NHS.— the National Highway System. ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(1) IN GENERAL.—After the 270th day after ‘‘(c) APPLICABILITY OF LIMITATIONS.—The sultation with the States, shall establish a the date of enactment of the Safe Highways limitations established by subsection (a) model schedule of fines to be assessed for and Infrastructure Preservation Act, any shall apply to any new designation made to violations of this section. Interstate weight limit that applies to vehi- the National Highway System and remain in ‘‘(2) PURPOSE.—The purpose of the schedule cles and combinations (other than longer effect on those non-Interstate highways that of fines shall be to ensure that fines are suf- combination vehicles) operating on the cease to be designated as part of the Na- ficient to deter violations of the require- Interstate System in a State under section tional Highway System. ments of this section and to permit States to ‘‘(d) LIMITATIONS ON STATUTORY CONSTRUC- 127 shall also apply to vehicles and combina- recover costs associated with damages TION.— tions (other than longer combination vehi- caused to the National Highway System by ‘‘(1) STATE ENFORCEMENT OF MORE RESTRIC- cles) operating on non-Interstate segments the operation of such vehicles. TIVE WEIGHT LIMITS.—This section does not ‘‘(3) ADOPTION BY STATES.—The Secretary of the National Highway System in such prevent a State from maintaining or impos- State, unless such segments are subject to shall encourage but not require States to ing a weight limitation that is more restric- adopt the schedule of fines. lower State weight limits as provided for in tive than the Interstate weight limit on ve- subsection (d). ‘‘(g) DEFINITIONS.—In this section: hicles or combinations (other than longer ‘‘(1) INTERSTATE WEIGHT LIMIT.—The term ‘‘(2) EXISTING HIGHWAYS.— combination vehicles) operating on a non- ‘‘(A) IN GENERAL.—Notwithstanding para- ‘Interstate weight limit’ has the meaning Interstate segment of the National Highway given that term in section 127(h). graph (1), in the case of a non-Interstate seg- System. ment of the National Highway System that ‘‘(2) LONGER COMBINATION VEHICLE.—The ‘‘(2) STATE ACTIONS TO REDUCE WEIGHT LIM- term ‘longer combination vehicle’ has the is open to traffic on June 1, 2005, a State may ITS.—This section does not prevent a State allow the operation of any vehicle or com- meaning given that term in section 127(d).’’. from reducing the State’s gross vehicle (b) ENFORCEMENT OF REQUIREMENTS.—Sec- bination (other than a longer combination weight limitation, single or tandem axle vehicle) on such segment that the Secretary tion 141(a) of title 23, United States Code, is weight limitations, or the overall maximum amended— determines under subsection (b) could be gross weight on 2 or more consecutive axles (1) by striking ‘‘the Federal-aid primary lawfully operated on such segment on June on any non-Interstate segment of the Na- system, the Federal-aid urban system, and 1, 2005. tional Highway System. the Federal-aid secondary system, including ‘‘(B) APPLICABILITY OF STATE LAWS AND ‘‘(e) LONGER COMBINATION VEHICLES.— the Interstate System’’ and inserting ‘‘the REGULATIONS.—All operations described in ‘‘(1) PROHIBITION.— National Highway System, including the subparagraph (A) shall continue to be sub- ‘‘(A) IN GENERAL.—After the 270th day after Interstate System,’’; and ject to all State statutes, regulations, limi- the date of enactment of the Safe Highways (2) by striking ‘‘section 127’’ and inserting tations and conditions, including routing- and Infrastructure Preservation Act, a ‘‘sections 126 and 127’’. specific, commodity-specific, and configura- longer combination vehicle may continue to (c) CONFORMING AMENDMENT.—The chapter tion-specific designations and all other re- operate on a non-Interstate segment of the analysis for subchapter I of chapter 1 of title strictions, in force on June 1, 2005. National Highway System only if the oper- 23, United States Code, is amended by insert- ‘‘(3) NEW HIGHWAYS.—Subject to subsection ation of the longer combination vehicle con- ing after the item relating to section 125 the (d)(1), the gross vehicle weight limitations figuration type was authorized by State offi- following: and axle loading limitations applicable to all cials pursuant to State statute or regulation ‘‘126. Vehicle weight limitations—National vehicles and combinations (other than longer on June 1, 2005, and in actual and lawful op- Highway System.’’. combination vehicles) on a non-Interstate eration on a regular or periodic basis (includ- segment of the National Highway System ing seasonal operations) on or before June 1, SA 640. Mr. CONRAD (for himself and that is not open to traffic on June 1, 2005, 2005. Mr. DORGAN) submitted an amendment shall be the Interstate weight limit. ‘‘(B) APPLICABILITY OF STATE LAWS AND ‘‘(b) LISTING OF VEHICLES AND COMBINA- REGULATIONS.—All operations described in intended to be proposed to amendment TIONS.— subparagraph (A) shall continue to be sub- SA 605 proposed by Mr. INHOFE to the ‘‘(1) IN GENERAL.—The Secretary shall ini- ject to all State statutes, regulations, limi- bill H.R. 3, to authorize funds for Fed- tiate a proceeding to determine and publish tations and conditions, including routing- eral-aid highways, highway safety pro- a list of vehicles and combinations (other specific, commodity-specific, and configura- grams, and transit programs, and for than longer combination vehicles), otherwise tion-specific designations and all other re- other purposes; which was ordered to exceeding an Interstate weight limit, that strictions, in force on June 1, 2005. lie on the table; as follows: could be lawfully operated on a non-Inter- ‘‘(2) LISTING OF VEHICLES AND COMBINA- On page 143, after the matter following line state segment of the National Highway Sys- TIONS.— 25, insert the following: tem on June 1, 2005. ‘‘(A) IN GENERAL.—Not later than 60 days SEC. 14lll. VEHICLE WEIGHT LIMITATIONS, ‘‘(2) REQUIREMENTS.—In publishing a list of after the date of enactment of the Safe High- INTERSTATE ROUTE 94, NORTH DA- vehicles and combinations under paragraph ways and Infrastructure Preservation Act, KOTA. (1), the Secretary shall identify— the Secretary shall initiate a proceeding to Section 127(a) of title 23, United States ‘‘(A) the gross vehicle weight limitations determine and publish a list of longer com- Code, is amended by adding at the end the and axle loading limitations in each State bination vehicles that could be lawfully op- following: ‘‘Notwithstanding any other pro- applicable, on June 1, 2005, to vehicles and erated on non-Interstate segments of the Na- vision of law, a vehicle that, with respect to combinations (other than longer combina- tional Highway System on June 1, 2005. weight distribution characteristics, could tion vehicles) on non-Interstate segments of ‘‘(B) LIMITATION.—A longer combination lawfully operate in North Dakota as of Janu- the National Highway System; and vehicle may not be included on the list pub- ary 1, 2004, on United States Route 52 (in- ‘‘(B) operations of vehicles and combina- lished under subparagraph (A) on the basis cluding the United States Route 52 bypass in tions (other than longer combination vehi- that a State law or regulation could have au- Jamestown, North Dakota), or on United cles), exceeding State gross vehicle weight thorized the operation of such vehicle at States Route 281, may operate on Interstate limitations and axle loading limitations some prior date by permit or otherwise. Route 94 in the State of North Dakota, be- identified under subparagraph (A), which ‘‘(C) PUBLICATION OF FINAL LIST.—Not later tween the intersection of Interstate Route 94 were in actual and lawful operation on a reg- than 270 days after the date of enactment of and United States Route 281 and the inter- ular or periodic basis (including seasonal op- the Safe Highways and Infrastructure Pres- section of Interstate Route 94 and United erations) on June 1, 2005. ervation Act, the Secretary shall publish a States Route 52 bypass (including inter- ‘‘(3) LIMITATION.—An operation of a vehicle final list of longer combination vehicles de- changes) under the same conditions under or combination may not be included on the scribed in subparagraph (A). which the vehicle operates in the State of list published under paragraph (1) on the ‘‘(D) UPDATES.—The Secretary shall update North Dakota on United States Route 52 (in- basis that a State law or regulation could the list published under subparagraph (A) as cluding the United States Route 52 bypass) have authorized such operation at some prior necessary to reflect new designations made or United States Route 281.’’. date by permit or otherwise. to the National Highway System. ‘‘(4) PUBLICATION OF FINAL LIST.—Not later ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- SA 641. Mr. CONRAD (for himself and than 270 days after the date of enactment of TION.—This subsection does not prevent a Mr. DORGAN) submitted an amendment

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9324 CONGRESSIONAL RECORD—SENATE May 11, 2005 intended to be proposed to amendment was ordered to lie on the table; as fol- ‘‘(i) construction of safety rest areas that SA 605 proposed by Mr. INHOFE to the lows: include parking for commercial motor vehi- cles; bill H.R. 3, to authorize funds for Fed- Strike section 1814 and insert the fol- ‘‘(ii) construction of commercial motor ve- lowing: eral-aid highways, highway safety pro- hicle parking facilities that are adjacent to grams, and transit programs, and for SEC. 1814. PARKING PILOT PROGRAMS. . commercial truck stops and travel plazas; other purposes; which was ordered to (a) IN GENERAL.—Subchapter I of chapter 1 ‘‘(iii) costs associated with the opening of lie on the table; as follows: of title 23, United States Code (as amended facilities (including inspection and weigh At the end of subtitle D of title I, insert by section 1813(a)), is amended by adding at stations and park-and-ride facilities) to pro- the following: the end the following: vide commercial motor vehicle parking; SEC. 14lll. VEHICLE WEIGHT LIMITATIONS, ‘‘SEC. 176. PARKING PILOT PROGRAMS. ‘‘(iv) projects that promote awareness of INTERSTATE ROUTE 94, NORTH DA- ‘‘(a) COMMERCIAL TRUCK PARKING PILOT the availability of public or private commer- KOTA. PROGRAM.— cial motor vehicle parking on the National Section 127(a) of title 23, United States ‘‘(1) ESTABLISHMENT.—In cooperation with Highway System, including parking in con- Code, is amended by adding at the end the appropriate State, regional, and local gov- nection with intelligent transportation sys- following: ‘‘Notwithstanding any other pro- ernments, the Secretary shall establish a tems and other systems; vision of law, a vehicle that, with respect to pilot program to increase the availability of, ‘‘(v) construction of turnouts along the Na- weight distribution characteristics, could and information about, long-term parking tional Highway System for commercial lawfully operate in North Dakota as of Janu- for drivers of commercial motor vehicles on motor vehicles; ary 1, 2004, on United States Route 52 (in- the National Highway System. ‘‘(vi) capital improvements to public com- cluding the United States Route 52 bypass in ‘‘(2) ALLOCATION OF FUNDS.— mercial motor vehicle truck parking facili- Jamestown, North Dakota), or on United ‘‘(A) IN GENERAL.—The Secretary shall al- ties closed on a seasonal basis in order to States Route 281, may operate on Interstate locate funds made available under this sub- allow the facilities to remain open year- Route 94 in the State of North Dakota, be- section to States, metropolitan planning or- around; and tween the intersection of Interstate Route 94 ganizations, and local governments, giving ‘‘(vii) improvements to the geometric de- and United States Route 281 and the inter- preference to applicants that demonstrate sign at interchanges on the National High- section of Interstate Route 94 and United the most severe shortage of commercial ve- way System to improve access to commer- States Route 52 bypass (including inter- hicle parking capacity on the corridor to be cial motor vehicle parking facilities. changes) under the same conditions under addressed. ‘‘(4) REPORT.—Not later than 5 years after which the vehicle operates in the State of ‘‘(B) NOTICE AND COMMENT.—Prior to allo- the date of enactment of this section, the North Dakota on United States Route 52 (in- cating funds under this subsection to a par- Secretary shall submit to Congress a report cluding the United States Route 52 bypass) ticular project, the Secretary shall— on the results of the pilot program carried or United States Route 281.’’. ‘‘(i) publish the application in the Federal out under this subsection. Register; ‘‘(5) FEDERAL SHARE.—The Federal share of SA 642. Mr. CONRAD (for himself and ‘‘(ii) seek public comment on the proposed the cost of a project carried out under this subsection shall be consistent with section Mr. DORGAN) submitted an amendment project for a period of not less than 90 days; 120. and intended to be proposed to amendment ‘‘(6) FUNDING.— ‘‘(iii) evaluate and consider all comments SA 605 proposed by Mr. INHOFE to the ‘‘(A) IN GENERAL.—There is authorized to received concerning the proposed project. bill H.R. 3, to authorize funds for Fed- be appropriated from the Highway Trust ‘‘(C) CRITERIA.—In allocating funds under eral-aid highways, highway safety pro- Fund (other than the Mass Transit Account) this subsection for the construction of safety to carry out this subsection $8,930,818 for grams, and transit programs, and for rest areas, or for commercial motor vehicle each of fiscal years 2005 through 2009. other purposes; which was ordered to parking facilities that are adjacent to com- ‘‘(B) CONTRACT AUTHORITY.—Funds author- lie on the table; as follows: mercial truck stops or travel plazas, the Sec- ized under this paragraph shall be available At the end of subtitle H of title I, insert retary shall give priority to an applicant for obligation in the same manner as if the the following: that— funds were apportioned under this chapter. SEC. ll. BRIDGE CONSTRUCTION, NORTH DA- ‘‘(i) demonstrates a severe shortage of ‘‘(b) CORRIDOR AND FRINGE PARKING PILOT KOTA. commercial vehicle parking capacity on the PROGRAM.— Notwithstanding any other provision of corridor to be addressed; ‘‘(1) ESTABLISHMENT.— law, and regardless of the source of Federal ‘‘(ii) consults with affected State and local ‘‘(A) IN GENERAL.—In cooperation with ap- funds, the Federal share of the eligible costs governments, community groups, private propriate State, regional, and local govern- of construction of a bridge between Bis- providers of commercial vehicle parking, and ments, the Secretary shall carry out a pilot marck, North Dakota, and Mandan, North motorist and trucking organizations; and program to provide corridor and fringe park- Dakota, shall be 90 percent. ‘‘(iii) demonstrates that the project pro- ing facilities. posed by the applicant is likely to have a ‘‘(B) PRIMARY FUNCTION.—The primary SA 643. Mr. CONRAD (for himself and positive effect on highway safety, traffic function of a corridor and fringe parking fa- Mr. DORGAN) submitted an amendment congestion, or air quality. cility funded under this subsection shall be intended to be proposed to amendment ‘‘(D) REQUIREMENTS.—An applicant that to provide parking capacity to support car applies for funds made available under this SA 605 proposed by Mr. INHOFE to the pooling, van pooling, ride sharing, com- subsection for construction of safety rest bill H.R. 3, to authorize funds for Fed- muting, and high occupancy vehicle travel. areas, or for commercial motor vehicle park- ‘‘(C) OVERNIGHT PARKING.—A State may eral-aid highways, highway safety pro- ing facilities that are adjacent to commer- permit a facility described in subparagraph grams, and transit programs, and for cial truck stops or travel plazas, shall in- (B) to be used for the overnight parking of other purposes; which was ordered to clude in the application an analysis of rea- commercial vehicles if the use does not fore- lie on the table; as follows: sonable alternatives, including— close or unduly limit the primary function of On page 410, between lines 7 and 8, insert ‘‘(i) the impact of the availability of addi- the facility described in subparagraph (B). the following: tional information to commercial vehicle ‘‘(2) ALLOCATION OF FUNDS.— SEC. ll. BRIDGE CONSTRUCTION, NORTH DA- drivers regarding the location and avail- ‘‘(A) IN GENERAL.—The Secretary shall al- KOTA. ability of parking throughout the corridor; locate funds made available to carry out this Notwithstanding any other provision of and subsection to States. law, and regardless of the source of Federal ‘‘(ii) the extent to which private providers ‘‘(B) CRITERIA.—In allocating funds under funds, the Federal share of the eligible costs of parking for commercial vehicles are able this subsection, the Secretary shall give pri- of construction of a bridge between Bis- to meet current and future commercial vehi- ority to a State that— marck, North Dakota, and Mandan, North cle parking demands in the corridor. ‘‘(i) demonstrates demand for corridor and Dakota, shall be 90 percent. ‘‘(3) USE OF ALLOCATED FUNDS.— fringe parking on the corridor to be ad- ‘‘(A) IN GENERAL.—A recipient of funds al- dressed; SA 644. Mr. BROWNBACK submitted located under this subsection shall use the ‘‘(ii) consults with affected metropolitan an amendment intended to be proposed funds to carry out the project proposed in planning organizations, local governments, to amendment SA 605 proposed by Mr. the application submitted by the recipient to community groups, and providers of corridor the Secretary. and fringe parking; and NHOFE I to the bill H.R. 3, to authorize ‘‘(B) TYPES OF PROJECTS.—Funds under this ‘‘(iii) demonstrates that the project pro- funds for Federal-aid highways, high- subsection shall be available for obligation posed by the State is likely to have a posi- way safety programs, and transit pro- for projects that serve the National Highway tive effect on ride sharing, traffic conges- grams, and for other purposes; which System, including— tion, or air quality.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9325

‘‘(3) USE OF ALLOCATED FUNDS.— less than 200,000, as determined by the 1990 (h) Historic Covered Bridge (Sec. 1812): re- ‘‘(A) IN GENERAL.—A recipient of funds al- decennial census of population; duce by $56,000,000; located under this subsection shall use the ‘‘(iii) the area was not designated as an ur- (i) Transportation Infrastructure Finance funds to carry out the project proposed in banized area, as determined by the 1990 de- and Innovation Act (Sec. 1303): reduce by the application submitted by the recipient to cennial census of population; or $500,000,000; the Secretary. ‘‘(iv) a portion of the area was not des- (j) Transportation and Community and ‘‘(B) TYPES OF PROJECTS.—Funds under this ignated as an urbanized area, as determined System Preservation Program (Sec. 1813): re- subsection shall be available for obligation by the 1990 decennial census, and received as- duce by $135,000,000; for projects that serve the Federal-aid sys- sistance under section 5311 in fiscal year tem, including— 2002. SA 647. Mr. SESSIONS submitted an ‘‘(i) construction of corridor and fringe ‘‘(B) MAXIMUM AMOUNTS IN FISCAL YEARS amendment intended to be proposed to parking facilities; 2005 THROUGH 2007.—In each of the fiscal years amendment SA 605 proposed by Mr. ‘‘(ii) costs associated with the opening of 2005 through 2007— INHOFE to the bill H.R. 3, to authorize facilities; ‘‘(i) amounts made available to any urban- funds for Federal-aid highways, high- ‘‘(iii) projects that promote awareness of ized area under clause (i) or (ii) of subpara- way safety programs, and transit pro- the availability of corridor and fringe park- graph (A) shall be not more than 50 percent grams, and for other purposes; which ing through the use of signage and other of the amount apportioned in fiscal year 2002 means; to the urbanized area with a population of was ordered to lie on the table; as fol- ‘‘(iv) capital improvements to corridor and less than 200,000, as determined in the 1990 lows: fringe parking facilities closed on a seasonal decennial census of population; On page 718, between lines 18 and 19, insert basis in order to allow the facilities to re- ‘‘(ii) amounts made available to any urban- the following: main open year-around; and ized area under subparagraph (A)(iii) shall be (b) LIMITATION ON SUSPENSION.—Paragraph ‘‘(v) improvements to the geometric design not more than 50 percent of the amount ap- (2) of section 9503(c) is amended by adding at on adjoining roadways to facilitate access to, portioned to the urbanized area under this the end the following new subparagraph: and egress from, corridor and fringe parking section for fiscal year 2003; and ‘‘(D) SPECIAL RULE.—Notwithstanding any facilities. ‘‘(iii) each portion of any area not des- other provision of this paragraph, the Sec- ‘‘(4) REPORT.—Not later than 5 years after ignated as an urbanized area, as determined retary shall pay from time to time from the the date of enactment of this section, the by the 1990 decennial census, and eligible to Highway Trust Fund into the general fund of Secretary shall submit to Congress a report receive funds under subparagraph (A)(iv), the Treasury amounts— on the results of the pilot program carried shall receive an amount of funds to carry out ‘‘(i)(I) described in subparagraph (A)(i) out under this subsection. this section that is not less 50 percent of the with respect to claims filed for the periods ‘‘(5) FEDERAL SHARE.—The Federal share of amount the portion of the area received ending after March 30, 2005, and before Octo- the cost of a project carried out under this under section 5311 for fiscal year 2002. ber 1, 2009, and subsection shall be consistent with section ‘‘(C) MAXIMUM AMOUNTS IN FISCAL YEARS ‘‘(II) described in subparagraph (A)(ii) with 120. 2008 AND 2009.—In each of the fiscal years 2008 respect to fuel used after March 30, 2005, and ‘‘(6) FUNDING.— and 2009— before October 1, 2009, and ‘‘(A) IN GENERAL.—There is authorized to ‘‘(i) amounts made available to any urban- ‘‘(ii) which the Secretary estimates are be appropriated from the Highway Trust ized area under clause (i) or (ii) of subpara- paid for fraudulent or false claims under sec- Fund (other than the Mass Transit Account) graph (A) shall be not more than 25 percent tions 34, 6420, 6421, and 6427 which the Sec- to carry out this subsection $8,930,818 for of the amount apportioned in fiscal year 2002 retary will not be able to discover.’’. each of fiscal years 2005 through 2009. to the urbanized area with a population of ‘‘(B) CONTRACT AUTHORITY.—Funds author- less than 200,000, as determined in the 1990 SA 648. Mr. VOINOVICH submitted ized under this paragraph shall be available decennial census of population; an amendment intended to be proposed for obligation in the same manner as if the ‘‘(ii) amounts made available to any urban- to amendment SA 605 proposed by Mr. funds were apportioned under this chapter.’’. ized area under subparagraph (A)(iii) shall be INHOFE to the bill H.R. 3, to authorize (b) CONFORMING AMENDMENT.—The analysis not more than 25 percent of the amount ap- funds for Federal-aid highways, high- for subchapter I of chapter I of title 23, portioned to the urbanized area under this way safety programs, and transit pro- United States Code (as amended by section section for fiscal year 2003; and grams, and for other purposes; which 1813(c)), is amended by adding at the end the ‘‘(iii) each portion of any area not des- was ordered to lie on the table; as fol- following: ignated as an urbanized area, as determined lows: ‘‘176. Parking pilot programs.’’. by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), On page 1069, after line 10, add the fol- shall receive an amount of funds to carry out lowing: SA 645. Mr. SANTORUM (for himself this section that is not less than 25 percent SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWL- and Mr. SPECTER) submitted an amend- of the amount the portion of the area re- EDGE TEST REQUIREMENT. ment intended to be proposed to ceived under section 5311 in fiscal year The Secretary shall recognize any driver amendment SA 605 proposed by Mr. 2002.’’; and who passes a test approved by the Federal INHOFE to the bill H.R. 3, to authorize Motor Carrier Safety Administration as funds for Federal-aid highways, high- SA 646. Mr. SESSIONS submitted an meeting the knowledge test requirement for a school bus endorsement under section way safety programs, and transit pro- amendment intended to be proposed by him to the bill H.R. 3, to authorize 383.123 of title 49, Code of Federal Regula- grams, and for other purposes; which tions. was ordered to lie on the table; as fol- funds for Federal-aid highways, high- lows: way safety programs, and transit pro- SA 649. Mr. MARTINEZ (for himself grams, and for other purposes; which and Mr. NELSON of Florida) submitted On page 800, strike line 21 and all that fol- was ordered to lie on the table; as fol- lows through page 804, line 19, and insert the an amendment intended to be proposed lows: following: to amendment SA 605 proposed by Mr. ‘‘(2) SPECIAL RULE FOR FISCAL YEARS 2005 SEC. 1. REDUCTIONS INHOFE to the bill H.R. 3, to authorize THROUGH 2009.— The total spending in this bill shall be re- funds for Federal-aid highways, high- ‘‘(A) INCREASED FLEXIBILITY.—The Sec- duced by $11,100,000,000, by reducing the to- tals by the following amounts— way safety programs, and transit pro- retary may award grants under this section, grams, and for other purposes; which from funds made available to carry out this (a) STP Enhancements (Sec. 1104(4)): re- section for each of the fiscal years 2005 duce by $2,800,000,000; was ordered to lie on the table; as fol- through 2009, to finance the operating cost of (b) Maglev (Sec. 1819): reduce by lows: $2,000,000,000; equipment and facilities for use in mass At the end of subtitle H of title I, add the (c) Ferry Boats (Sec. 1101(14)) and Sec. transportation in an urbanized area with a following: 1204): reduce by $235,000,000; population of at least 200,000, as determined (d) Truck Parking (Sec. 1814(a)): reduce by SEC. 18ll. HIGH PRIORITY CORRIDORS. by the 2000 decennial census of population $47,010,000; Section 1105(c) of the Intermodal Surface if— (e) Puerto Rican Highways (Sec. 1101(15)): Transportation Efficiency Act of 1991 (105 ‘‘(i) the urbanized area had a population of reduce by $500,000,000; Stat. 2032) is amended by adding at the end less than 200,000, as determined by the 1990 (f) Congestion Mitigation and Air Quality the following: decennial census of population; (Sec. 1101(5)): reduce by $4,479,000,000; ‘‘(46) The Atlantic Commerce Corridor on ‘‘(ii) a portion of the urbanized area was a (g) Administrative Expenses (Sec. Interstate Route 95 from Jacksonville, Flor- separate urbanized area with a population of 1103(a)(1)): reduce by $348,000,000; ida, to Miami, Florida.’’.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9326 CONGRESSIONAL RECORD—SENATE May 11, 2005 SA 650. Mr. PRYOR submitted an (2) by adding at the end the following: SEC. ll. DESIGNATION OF HIGH PRIORITY COR- amendment intended to be proposed to ‘‘(12) ARKANSAS.—During the harvesting RIDOR IN SOUTH DAKOTA, NORTH DAKOTA, AND MONTANA. amendment SA 605 proposed by Mr. season of cotton in the State of Arkansas, as determined by the Governor of the State, the Section 1105(c) of the Intermodal Surface INHOFE to the bill H.R. 3, to authorize Transportation Efficiency Act of 1991 (105 funds for Federal-aid highways, high- State of Arkansas may allow the operation of vehicles with a gross vehicle weight of up Stat. 2031; 112 Stat. 191; 115 Stat. 871) is way safety programs, and transit pro- to 80,000 pounds for the hauling of cotton amended by adding at the end the following: grams, and for other purposes; which seed on— ‘‘(46) The Theodore Roosevelt Expressway was ordered to lie on the table; as fol- ‘‘(A) United States Route 63 from Gilbert, from Rapid City, South Dakota, north on lows: Arkansas, at the Lake David interchange, to United States Route 85 to Williston, North On page 1224, strike lines 6 through 10 and Jonesboro, Arkansas; and Dakota, west on United States Route 2 to insert the following: ‘‘(B) Interstate Route 555, if that route is Culbertson, Montana, north on Montana Highway 16 to the international border with SEC. 7402. DEFINITIONS; APPLICATION OF PROVI- open to traffic.’’. SIONS. Canada at the port of Raymond, Montana.’’. (a) TERMS USED IN THIS CHAPTER.—In this SA 652. Mr. DORGAN (for himself and SA 655. Mr. DORGAN submitted an chapter, the terms ‘‘carrier’’, ‘‘household Mr. REID) submitted an amendment in- amendment intended to be proposed to goods’’, ‘‘motor carrier’’, ‘‘Secretary’’, and tended to be proposed to amendment ‘‘transportation’’ have the meaning given amendment SA 605 proposed by Mr. SA 605 proposed by Mr. INHOFE to the such terms in section 13102 of title 49, United INHOFE to the bill H.R. 3, to authorize bill H.R. 3, to authorize funds for Fed- States Code. funds for Federal-aid highways, high- (b) ‘‘HOUSEHOLD GOODS MOTOR CARRIER’’ IN eral-aid highways, highway safety pro- way safety programs, and transit pro- PART B OF SUBTITLE IV OF TITLE 49.—Section grams, and transit programs, and for grams, and for other purposes; which 13102 is amended by redesignating para- other purposes; which was ordered to was ordered to lie on the table; as fol- graphs (12) through (24) as paragraphs (13) lie on the table; as follows: through (25) and by inserting after paragraph lows: (11) the following: At the end of chapter 3 of subtitle E of On page 635, between lines 3 and 4, insert ‘‘(12) HOUSEHOLD GOODS MOTOR CARRIER.— title I, add the following: the following: ‘‘(A) IN GENERAL.—The term ‘household SEC. 15ll. INVESTIGATION OF GASOLINE SEC. ll. EXTENSION OF RENEWABLE ENERGY goods motor carrier’ means a motor carrier PRICES. CREDIT. described in subparagraph (B) that, in the or- (a) IN GENERAL.—Not later than 90 days Section 45(d) (relating to qualified facili- dinary course of its business of providing after the date of enactment of this Act, the ties) is amended by striking ‘‘January 1, transportation of household goods, offers Federal Trade Commission shall conduct an 2006’’ each place it appears and inserting some or all of the following additional serv- investigation to determine if the price of ‘‘January 1, 2009’’. ices: gasoline is being artificially manipulated by ‘‘(i) Binding and nonbinding estimates. reducing refinery capacity or by any other SA 656. Mr. DORGAN submitted an ‘‘(ii) Inventorying. form of market manipulation. amendment intended to be proposed to ‘‘(iii) Protective packing and unpacking of (b) REPORT.—On completion of the inves- amendment SA 605 proposed by Mr. individual items at personal residences. tigation under subsection (a), the Federal ‘‘(iv) Loading and unloading at personal Trade Commission shall submit to Congress INHOFE to the bill H.R. 3, to authorize residences. a report that describes— funds for Federal-aid highways, high- ‘‘(B) REGISTRATION REQUIREMENT.—A motor (1) the results of the investigation; and way safety programs, and transit pro- carrier is described in this subparagraph if (2) any recommendations of the Federal grams, and for other purposes; which its operations require it to register as a Trade Commission. was ordered to lie on the table; as fol- household goods motor carrier under— lows: ‘‘(i) section 13902 of this title; and SA 653. Mr. DORGAN (for himself and On page 635, between lines 3 and 4, insert ‘‘(ii) regulations prescribed by the Sec- Mr. CONRAD) submitted an amendment the following: retary consistent with Federal agency deter- intended to be proposed to amendment minations and decisions that were in effect SEC. ll. EXTENSION AND MODIFICATION OF RE- NEWABLE ENERGY CREDIT. on the date of enactment of the Household SA 605 proposed by Mr. INHOFE to the (a) EXTENSION.—Section 45(d) (relating to Goods Mover Oversight Enforcement and Re- bill H.R. 3, to authorize funds for Fed- qualified facilities) is amended by striking form Act of 2005. eral-aid highways, highway safety pro- ‘‘January 1, 2006’’ each place it appears and ‘‘(C) LIMITED SERVICE EXCLUSION.—The grams, and transit programs, and for inserting ‘‘January 1, 2009’’ term ‘household goods motor carrier’ does other purposes; which was ordered to (b) TREATMENT OF PERSONS NOT ABLE TO not include a motor carrier solely because it lie on the table; as follows: USE ENTIRE CREDIT.— provides transportation of household goods At the end of subtitle H of title I, add the (1) IN GENERAL.—Section 45(e) (relating to entirely packed in, and unpacked from, 1 or following: definitions and special rules) is amended by more containers or trailers by the individual SEC. 18ll. DESIGNATION OF HIGH PRIORITY adding at the end the following new para- shipper.’’. graph: (c) APPLICATION OF CERTAIN PROVISIONS OF CORRIDOR IN NORTH DAKOTA. ‘‘(10) TREATMENT OF PERSONS NOT ABLE TO LAW.—The provisions of title 49, United Section 1105(c) of the Intermodal Surface States Code, or of this chapter, relating to Transportation Efficiency Act of 1991 (105 USE ENTIRE CREDIT.— the transportation of household goods apply Stat. 2031; 112 Stat. 191; 115 Stat. 871) is ‘‘(A) ALLOWANCE OF CREDIT.— only to a household goods motor carrier (as amended by adding at the end the following: ‘‘(i) IN GENERAL.—Except as otherwise pro- defined in section 13102(12) of title 49, United ‘‘(46) The Central North American Trade vided in this subsection— States Code). Corridor from the North Dakota-South Da- ‘‘(I) any credit allowable under subsection kota border north on United States Route 83 (a) with respect to a qualified facility owned SA 651. Mr. PRYOR submitted an through Bismarck and Minot, North Dakota, by a person described in clause (ii) may be amendment intended to be proposed to to the international border with Canada.’’. transferred or used as provided in this para- amendment SA 605 proposed by Mr. graph, and ‘‘(II) the determination as to whether the INHOFE to the bill H.R. 3, to authorize SA 654. Mr. DORGAN (for himself, credit is allowable shall be made without re- Mr. CONRAD, Mr. BURNS, Mr. THUNE, funds for Federal-aid highways, high- gard to the tax-exempt status of the person. Mr. JOHNSON, Mr. NELSON of Nebraska, way safety programs, and transit pro- ‘‘(ii) PERSONS DESCRIBED.—A person is de- grams, and for other purposes; which and Mr. SALAZAR) submitted an amend- scribed in this clause if the person is— was ordered to lie on the table; as fol- ment intended to be proposed to ‘‘(I) an organization described in section lows: amendment SA 605 proposed by Mr. 501(c)(12)(C) and exempt from tax under sec- On page 410, between lines 7 and 8, insert INHOFE to the bill H.R. 3, to authorize tion 501(a), the following: funds for Federal-aid highways, high- ‘‘(II) an organization described in section SEC. 18ll. VEHICLE WEIGHT LIMITATIONS— way safety programs, and transit pro- 1381(a)(2)(C), INTERSTATE SYSTEM. grams, and for other purposes; which ‘‘(III) a public utility (as defined in section Section 127(a) of title 23, United States 136(c)(2)(B)), which is exempt from income Code, is amended— was ordered to lie on the table; as fol- tax under this subtitle, (1) by designating the first through elev- lows: ‘‘(IV) any State or political subdivision enth sentences as paragraphs (1) through At the end of subtitle H of title I, add the thereof, the District of Columbia, any pos- (11), respectively; and following: session of the United States, or any agency

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9327 or instrumentality of any of the foregoing, ‘‘(I) any credit allowable under subsection was ordered to lie on the table; as fol- or (a) with respect to a qualified facility owned lows: by a person described in clause (ii) may be ‘‘(V) any Indian tribal government (within On page 635, between lines 3 and 4, insert the meaning of section 7871) or any agency or transferred or used as provided in this para- the following: instrumentality thereof. graph, and SEC. ll. DIESEL FUEL TAX EVASION REPORT. ‘‘(B) TRANSFER OF CREDIT.— ‘‘(II) the determination as to whether the Not later than 60 days after the date of the ‘‘(i) IN GENERAL.—A person described in credit is allowable shall be made without re- subparagraph (A)(ii) may transfer any credit gard to the tax-exempt status of the person. enactment of this Act, the Commissioner of Internal Revenue shall report to the Com- to which subparagraph (A)(i) applies through ‘‘(ii) PERSONS DESCRIBED.—A person is de- an assignment to any other person not de- scribed in this clause if the person is— mittees on Finance and Environment and scribed in subparagraph (A)(ii). Such transfer ‘‘(I) an organization described in section Public Works of the Senate and the Commit- may be revoked only with the consent of the 501(c)(12)(C) and exempt from tax under sec- tees on Ways and Means and Transportation Secretary. tion 501(a), and Infrastructure of the House of Rep- resentatives on the availability of new tech- ‘‘(ii) REGULATIONS.—The Secretary shall ‘‘(II) an organization described in section prescribe such regulations as necessary to 1381(a)(2)(C), nologies that can be employed to enhance ensure that any credit described in clause (i) ‘‘(III) a public utility (as defined in section collections of the excise tax imposed on die- is assigned once and not reassigned by such 136(c)(2)(B)), which is exempt from income sel fuel and the plans of the Internal Rev- other person. tax under this subtitle, enue Service to employ such technologies. ‘‘(IV) any State or political subdivision ‘‘(iii) TRANSFER PROCEEDS TREATED AS ARIS- SA 660. Mr. CORNYN submitted an ING FROM ESSENTIAL GOVERNMENT FUNCTION.— thereof, the District of Columbia, any pos- Any proceeds derived by a person described session of the United States, or any agency amendment intended to be proposed to in subclause (III), (IV), or (V) of subpara- or instrumentality of any of the foregoing, amendment SA 605 proposed by Mr. graph (A)(ii) from the transfer of any credit or INHOFE to the bill H.R. 3, to authorize under clause (i) shall be treated as arising ‘‘(V) any Indian tribal government (within funds for Federal-aid highways, high- from the exercise of an essential government the meaning of section 7871) or any agency or way safety programs, and transit pro- function. instrumentality thereof. grams, and for othered purposes; which ‘‘(B) TRANSFER OF CREDIT.— ‘‘(C) USE OF CREDIT AS AN OFFSET.—Not- was ordered to lie on the table; as fol- ‘‘(i) IN GENERAL.—A person described in withstanding any other provision of law, in lows: the case of a person described in subclause subparagraph (A)(ii) may transfer any credit (I), (II), or (V) of subparagraph (A)(ii), any to which subparagraph (A)(i) applies through At the end of subtitle C of title I, add the credit to which subparagraph (A)(i) applies an assignment to any other person not de- following: may be applied by such person, to the extent scribed in subparagraph (A)(ii). Such transfer SEC. ll. TRANSPORTATION INVESTMENT CRED- provided by the Secretary of Agriculture, as may be revoked only with the consent of the ITS. a prepayment of any loan, debt, or other ob- Secretary. Section 120(j)(1) of title 23, United States ligation the entity has incurred under sub- ‘‘(ii) REGULATIONS.—The Secretary shall Code, is amended— chapter I of chapter 31 of title 7 of the Rural prescribe such regulations as necessary to (1) by striking ‘‘A State’’ and inserting the Electrification Act of 1936 (7 U.S.C. 901 et ensure that any credit described in clause (i) following: seq.), as in effect on the date of the enact- is assigned once and not reassigned by such ‘‘(A) IN GENERAL.—A State’’; and ment of the Energy Tax Incentives Act. other person. (2) by striking the last sentence and insert- ‘‘(D) CREDIT NOT INCOME.—Any transfer ‘‘(iii) TRANSFER PROCEEDS TREATED AS ARIS- ing the following: under subparagraph (B) or use under sub- ING FROM ESSENTIAL GOVERNMENT FUNCTION.— ‘‘(B) SPECIAL RULE FOR USE OF FEDERAL paragraph (C) of any credit to which sub- Any proceeds derived by a person described FUNDS.— paragraph (A)(i) applies shall not be treated in subclause (III), (IV), or (V) of subpara- ‘‘(i) DEFINITION OF FEDERAL FUNDS.—In this as income for purposes of section 501(c)(12). graph (A)(ii) from the transfer of any credit paragraph, the term ‘Federal funds’ does not ‘‘(E) TREATMENT OF UNRELATED PERSONS.— under clause (i) shall be treated as arising include a loan of Federal funds, or any other For purposes of subsection (a)(2)(B), sales of from the exercise of an essential government financial assistance required to be repaid to electricity among and between persons de- function. the Federal Government. scribed in subparagraph (A)(ii) shall be treat- ‘‘(C) CREDIT NOT INCOME.—Any transfer ‘‘(ii) REDUCTION OF CREDIT.—For a project ed as sales between unrelated parties.’’. under subparagraph (B) or use under sub- to build, improve, or maintain a highway, (2) EFFECTIVE DATE.—The amendment paragraph (C) of any credit to which sub- bridge, or tunnel used in interstate travel or made by this subsection shall apply to shall paragraph (A)(i) applies shall not be treated commerce that receives assistance under apply to electricity produced and sold after as income for purposes of section 501(c)(12). this title, if a public, quasi-public, or private the date of the enactment of this Act, in tax- ‘‘(D) TREATMENT OF UNRELATED PERSONS.— agency has built, improved, or maintained able years ending after such date. For purposes of subsection (a)(2)(B), sales of such a highway, bridge, or tunnel using Fed- electricity among and between persons de- eral funds, a credit of the agency under sub- SA 657. Mr. DORGAN submitted an scribed in subparagraph (A)(ii) shall be treat- paragraph (A) shall be reduced by a percent- amendment intended to be proposed to ed as sales between unrelated parties.’’. age equal to the percentage of the total cost amendment SA 605 proposed by Mr. (2) EFFECTIVE DATE.—The amendment of building, improving, or maintaining the made by this subsection shall apply to shall facility that was provided with Federal INHOFE to the bill H.R. 3, to authorize apply to electricity produced and sold after funds.’’. funds for Federal-aid highways, high- the date of the enactment of this Act, in tax- way safety programs, and transit pro- able years ending after such date. SA 661. Mr. CORNYN submitted an grams, and for other purposes; which amendment intended to be proposed to was ordered to lie on the table; as fol- SA 658. Mr. BOND submitted an amendment SA 605 proposed by Mr. lows: amendment intended to be proposed to INHOFE to the bill H.R. 3, to authorize On page 635, between lines 3 and 4, insert amendment SA 605 proposed by Mr. funds for Federal-aid highways, high- the following: INHOFE to the bill H.R. 3, to authorize way safety programs, and transit pro- SEC. ll. EXTENSION AND MODIFICATION OF RE- funds for Federal-aid highways, high- grams, and for other purposes; which NEWABLE ENERGY CREDIT. way safety programs, and transit pro- was ordered to lie on the table; as fol- (a) EXTENSION.—Section 45(d) (relating to grams, and for other purposes; which lows: qualified facilities) is amended by striking was ordered to lie on the table; as fol- Strike section 1803 and insert the fol- ‘‘January 1, 2006’’ each place it appears and lows: inserting ‘‘January 1, 2009’’ lowing: On page 1240, line 6, strike ‘‘that’’ and all (b) TREATMENT OF PERSONS NOT ABLE TO SEC. 1803. DESIGN-BUILD CONTRACTING. that follows through ‘‘damage’’ on page 1240, USE ENTIRE CREDIT.— (a) IN GENERAL.—Section 112(b) of title 23, line 8. (1) IN GENERAL.—Section 45(e) (relating to United States Code, is amended by striking definitions and special rules) is amended by SA 659. Mr. DOMENICI submitted an paragraph (3) and inserting the following: adding at the end the following new para- amendment intended to be proposed to ‘‘(3) DESIGN-BUILD CONTRACTING.— graph: ‘‘(A) DEFINITION OF DESIGN-BUILD CON- amendment SA 605 proposed by Mr. ‘‘(10) TREATMENT OF PERSONS NOT ABLE TO TRACT.— USE ENTIRE CREDIT.— INHOFE to the bill H.R. 3, to authorize ‘‘(i) IN GENERAL.—In this paragraph, the ‘‘(A) ALLOWANCE OF CREDIT.— funds for Federal-aid highways, high- term ‘design-build contract’ means an agree- ‘‘(i) IN GENERAL.—Except as otherwise pro- way safety programs, and transit pro- ment that provides for the design and con- vided in this subsection— grams, and for othered purposes; which struction of a project by a contractor.

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‘‘(ii) INCLUSIONS.—The term ‘design-build permanent improvement before complying States (including the States of Texas and contract’ includes— with section 102 of the National Environ- Oklahoma) to participate in the program. ‘‘(I) a franchise agreement; and mental Policy Act of 1969 (42 U.S.C. 4332), ‘‘(II) any other form of contract approved shall not preclude State transportation de- SA 664. Mr. CORNYN submitted an by the Secretary. partments and local transportation agencies amendment intended to be proposed to ‘‘(B) AWARD AND USE OF DESIGN-BUILD CON- from, before complying with section 102 of TRACTS.—A State transportation department that Act— amendment SA 605 proposed by Mr. or local transportation agency may— (i) requesting a proposal document; INHOFE to the bill H.R. 3, to authorize ‘‘(i) award a design-build contract using (ii) awarding a design-build contract; or funds for Federal-aid highways, high- any procurement process in accordance with (iii) issuing a notice to proceed with pre- way safety programs, and transit pro- State and local law; and liminary design work under a design-build grams, and for other purposes; which ‘‘(ii) use a design-build contract to develop contract. was ordered to lie on the table; as fol- a project under this chapter. lows: ‘‘(C) COMPLIANCE WITH NEPA.— SA 662. Mr. CORNYN submitted an ‘‘(i) IN GENERAL.—Subject to clauses (ii) amendment intended to be proposed to On page 371, after the matter following line and (iii), a State transportation department amendment SA 605 proposed by Mr. 21, add the following: or local transportation agency may award a INHOFE to the bill H.R. 3, to authorize SEC. ll. LA ENTRADA AL PACIFICO CORRIDOR, design-build contract under this paragraph, funds for Federal-aid highways, high- TEXAS. and conduct any action under the design- way safety programs, and transit pro- Section 1105(c) of the Intermodal Surface build contract, before complying with sec- Transportation Efficiency Act of 1991 (105 tion 102 of the National Environmental Pol- grams, and for other purposes; which was ordered to lie on the table; as fol- Stat. 2032) is amended by adding at the end icy Act of 1969 (42 U.S.C. 4332). the following: ‘‘(ii) AWARDS.—A State transportation de- lows: ‘‘(46) In the State of Texas, the La Entrada partment or local transportation agency Strike section 1802(c) and insert the fol- al Pacifico Corridor consisting of any por- may award a design-build contract before lowing: tion of a highway in a corridor on 2 miles of complying with section 102 of the National (c) CONTRACTOR SUSPENSION AND DEBAR- either side of the center line of the highway Environmental Policy Act of 1969 (42 U.S.C. MENT POLICY.— and— 4332) if— (1) IN GENERAL.—Section 307 of title 49, ‘‘(A) State Route 349 from Lamesa to the ‘‘(I) the State transportation department United States Code, is amended to read as point on that highway that is closest to 32 or local transportation agency submits to follows: degrees, 7 minutes, north latitude, by 102 de- the Secretary a request for the award of a ‘‘§ 307. Contractor suspension and debarment grees, 6 minutes, west longitude; design-build contract; policy ‘‘(B) the segment of any roadway extending ‘‘(II) the Secretary approves the request of ‘‘(a) MANDATORY ENFORCEMENT POLICY.— from the point described by subparagraph (A) the State transportation department or local to the point on Farm-to-Market Road 1788 transportation agency under subclause (I); Notwithstanding any other provision of law, the Secretary— closest to 32 degrees, 0 minutes, north lati- and tude, by 102 degrees, 16 minutes, west lon- ‘‘(III) authorization will be provided for the ‘‘(1) shall debar any contractor or subcon- tractor convicted of a criminal or civil of- gitude; project after the State transportation de- ‘‘(C) Farm-to-Market Road 1788 from the partment or local transportation agency fense involving fraud relating to a project re- ceiving Federal highway or transit funds for point described by subparagraph (B) to its complies with section 102 of that Act (42 intersection with Interstate Route 20; U.S.C. 4332). such period as the Secretary determines to be appropriate; and ‘‘(D) Interstate Route 20 from its intersec- ‘‘(iii) PERMANENT IMPROVEMENTS.—A State tion with Farm-to-Market Road 1788 to its transportation department or local transpor- ‘‘(2) subject to approval by the Attorney General— intersection with United States Route 385; tation agency shall not carry out the final ‘‘(E) United States Route 385 from Odessa design of a permanent improvement under a ‘‘(A) except as provided in subsection (b), shall suspend any contractor or subcon- to Fort Stockton, including those portions design-build contract under this paragraph that parallel United States Route 67 and before complying with section 102 of the Na- tractor upon indictment for criminal or civil offenses involving fraud; and Interstate Route 10; and tional Environmental Policy Act of 1969 (42 ‘‘(F) United States Route 67 from Fort U.S.C. 4332). ‘‘(B) may exclude nonaffiliated subsidiaries of a debarred business entity. Stockton to Presidio, including those por- ‘‘(D) EFFECT OF APPROVAL.—Approval by ‘‘(b) NATIONAL SECURITY EXCEPTION.—If the tions that parallel Interstate Route 10 and the Secretary of a request of a State trans- United States Route 90.’’. portation department or local transportation Secretary finds that mandatory debarment agency under subparagraph (C)(ii)(II) shall or suspension of a contractor or subcon- be considered to be a preliminary action that tractor under subsection (a) would be con- SA 665. Mr. CORNYN submitted an does not impact the environment.’’. trary to the national security of the United amendment intended to be proposed to States, the Secretary— (b) REGULATIONS.— amendment SA 605 proposed by Mr. ‘‘(1) may waive the debarment or suspen- (1) IN GENERAL.—Not later than 90 days sion; and INHOFE to the bill H.R. 3, to authorize after the date of enactment of this Act, the funds for Federal-aid highways, high- Secretary shall update regulations promul- ‘‘(2) in the instance of each waiver, shall provide notification to Congress of the waiv- way safety programs, and transit pro- gated under section 1307(c) of the Transpor- grams, and for other purposes; which tation Equity Act for the 21st Century (23 er with appropriate details.’’. U.S.C. 112 note; 112 Stat. 229) to implement (2) CONFORMING AMENDMENT.—The analysis was ordered to lie on the table; as fol- the amendment made by subsection (a). for chapter 3 of title 49, United States Code, lows: is amended by striking the item relating to (2) REQUIREMENTS.—The updated regula- section 307 and inserting the following: Section 510(a)(4)(A) of title 23, United tions under paragraph (1)— States Code (as added by section 2101(a)), is (A) shall allow a State transportation de- ‘‘307. Contractor suspension and debar- amended by striking ‘‘subsection (b)’’ and in- partment or local transportation agency to ment policy.’’. serting ‘‘subsection (b), including the South- use any procurement process in accordance west Region University Transportation Cen- with State and local law in awarding design- SA 663. Mr. CORNYN submitted an ter’’. build contracts (including allowing unsolic- amendment intended to be proposed to ited proposals, negotiated procurements, and amendment SA 605 proposed by Mr. SA 666. Mr. SPECTER submitted an multiple requests for final proposals); INHOFE to the bill H.R. 3, to authorize amendment intended to be proposed to (B) may require a State transportation de- funds for Federal-aid highways, high- amendment SA 605 proposed by Mr. partment or local transportation agency to way safety programs, and transit pro- justify a sole source procurement or mul- INHOFE to the bill H.R. 3, to authorize grams, and for other purposes; which tiple requests for final proposals; funds for Federal-aid highways, high- was ordered to lie on the table; as fol- (C) may include best practices guidelines; way safety programs, and transit pro- lows: (D) shall not preclude State transportation grams, and for other purposes; which departments and local transportation agen- Section 328(b) of title 23, United States was ordered to lie on the table; as fol- cies from allowing the inclusion of alter- Code (as amended by section 1513(a)), is native technical concepts in base proposals amended by striking paragraph (1) and in- lows: of design-build contractors; and serting the following: Beginning on page 398, strike line 17 and (E) if a design-build contractor is not au- ‘‘(1) NUMBER OF PARTICIPATING STATES.— all that follows through page 400, line 13, and thorized to proceed with the final design of a The Secretary may permit not more than 5 insert the following:

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9329 SEC. 1819. HIGH-SPEED MAGNETIC LEVITATION nual deadline to determine whether the ap- sections (b) and (c), respectively, the Federal SYSTEM DEPLOYMENT PROGRAM. plications meet criteria established by the share of the costs of the planning and studies (a) IN GENERAL.—Section 322 of title 23, Administrator. shall be not more than 2⁄3 of the full cost of United States Code, is amended to read as ‘‘(5) SELECTION.—The Administrator shall the planning and studies. follows: select for Federal support for precon- ‘‘(B) PHASE III.—For Phase III—deployment ‘‘§ 322. High-speed magnetic levitation system struction planning any project that the Ad- projects carried out under subsection (d), not deployment program ministrator determines meets the criteria. more than 2⁄3 of the full capital cost of such ‘‘(a) DEFINITIONS.—In this section: ‘‘(c) PHASE II—ENVIRONMENTAL ANAL- a project shall be made available from funds ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- YSES.— appropriated for this program. trator’ means the Administrator of the Fed- ‘‘(1) IN GENERAL.—A State, State-des- ‘‘(4) FUNDING.— eral Railroad Administration. ignated authority, multi-State-designated ‘‘(A) CONTRACT AUTHORITY; AUTHORIZATION ‘‘(2) ELIGIBLE PROJECT COSTS.— authority, or special purpose entity that has OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—The term ‘eligible conducted (under this section or any other ‘‘(i) IN GENERAL.—There is authorized to be project costs’ means the capital cost of the provision of law) 1 or more studies that ad- appropriated from the Highway Trust Fund fixed guideway infrastructure of a MAGLEV dress each of the requirements of subsection (other than the Mass Transit Account) for project, including land, piers, guideways, (b)(2) may submit the studies to the Admin- fiscal years 2005 through 2009 to carry out propulsion equipment and other components istrator, to support an application for Fed- this section— attached to guideways, power distribution eral funding to assist in— ‘‘(I) $10,000,000 for Phase I—preconstruction facilities (including substations), control and ‘‘(A) preparing an environmental analysis planning studies; communications facilities, access roads, and under the National Environmental Policy ‘‘(II) $20,000,000 for Phase II—environ- storage, repair, and maintenance facilities. Act of 1969 (42 U.S.C. 4321 et seq.); and mental analyses; and ‘‘(B) INCLUSION.—The term ‘eligible project ‘‘(B) planning for construction, operation, ‘‘(III) $60,000,000 for Phase III—deployment costs’ includes the costs of preconstruction and maintenance of a MAGLEV project. projects. planning activities. ‘‘(2) CRITERIA FOR APPLICATIONS.— ‘‘(ii) OBLIGATION AUTHORITY.—Funds au- ‘‘(C) EXCLUSION.—The term ‘eligible project ‘‘(A) IN GENERAL.—The Administrator thorized by this subparagraph shall be avail- costs’ does not include costs incurred for a shall— able for obligation in the same manner as if new station. ‘‘(i) establish criteria for Phase II applica- the funds were apportioned under chapter I, ‘‘(3) FULL PROJECT COSTS.—The term ‘full tions; and except that— project costs’ means the total capital costs ‘‘(ii) evaluate all applications received by ‘‘(I) the Federal share of the cost of the of a MAGLEV project, including eligible that deadline in accordance with criteria es- project shall be in accordance with para- project costs and the costs of stations, vehi- tablished under subparagraph (B). graph (2); and cles, and equipment. ‘‘(B) CRITERIA.—The Administrator shall ‘‘(II) the availability of the funds shall be ‘‘(4) MAGLEV.— establish criteria to evaluate applications in accordance with subsection (f). ‘‘(A) IN GENERAL.—The term ‘MAGLEV’ that include whether— ‘‘(B) NONCONTRACT AUTHORITY AUTHORIZA- means transportation systems in revenue ‘‘(i) the technology selected is available for TION OF APPROPRIATIONS.— service employing magnetic levitation that deployment at the time of the application; ‘‘(i) PHASE I.—There are authorized to be would be capable of safe use by the public at ‘‘(ii) operating revenues combined with appropriated from the Highway Trust Fund a speed in excess of 240 miles per hour. known and dedicated sources of other reve- (other than the Mass Transit Account) to ‘‘(B) INCLUSION.—The term ‘MAGLEV’ in- nues in any year will exceed annual oper- carry out Phase I—preconstruction planning cludes power, control, and communication ation and maintenance costs; studies under subsection (b)— facilities required for the safe operation of ‘‘(iii) over the life of the MAGLEV project, ‘‘(I) $12,000,000 for fiscal year 2005; the vehicles within a system described in total project benefits will exceed total ‘‘(II) $6,000,000 for fiscal year 2006; and subparagraph (A). project costs; and ‘‘(III) $2,000,000 for each of fiscal years 2007 ‘‘(b) PHASE I—PRECONSTRUCTION PLAN- ‘‘(iv) the proposed capital financing plan is through 2009. NING.— realistic and does not assume Federal assist- ‘‘(ii) PHASE II.—There are authorized to be ‘‘(1) IN GENERAL.—A State, State-des- ignated authority, multi-State-designated ance that is greater than the maximums appropriated from the Highway Trust Fund authority, or special purpose entity may specified in clause (ii). (other than the Mass Transit Account) to apply to the Administrator for grants to con- ‘‘(C) PROJECTS SELECTED.—If the Adminis- carry out Phase II—environmental analyses duct preconstruction planning for proposed trator determines that a MAGLEV project under subsection (c)— new MAGLEV projects, or extensions to meets the criteria established under subpara- ‘‘(I) $41,500,000 for fiscal year 2005; MAGLEV systems planned, studied, or de- graph (B), the Administrator may— ‘‘(II) $25,000,000 for fiscal year 2006; ployed under this or any other program. ‘‘(i) select that project for Federal Phase II ‘‘(III) $37,000,000 for fiscal year 2007; ‘‘(2) APPLICATIONS.—An application for a support; and ‘‘(IV) $21,000,000 for fiscal year 2008; and grant under this subsection shall include a ‘‘(ii) publish in the Federal Register a no- ‘‘(V) $9,000,000 for fiscal year 2009. description of the proposed MAGLEV tice of intent to prepare an environmental ‘‘(iii) PHASE III.—There are authorized to project, including, at a minimum— analysis under the National Environmental be appropriated from the Highway Trust ‘‘(A) a description of the purpose and need Policy Act of 1969 (42 U.S.C. 4321 et seq.). Fund (other than the Mass Transit Account) for the proposed project; ‘‘(d) PHASE III—DEPLOYMENT.—A proposed to carry out Phase III—deployment projects ‘‘(B) a description of the travel market to owner of a MAGLEV project that has sub- under subsection (d)— be served; mitted a draft environmental analysis under ‘‘(I) $26,500,000 for fiscal year 2005; ‘‘(C) a description of the technology se- the National Environmental Policy Act of ‘‘(II) $500,000,000 for fiscal year 2006; lected for the project; 1969 (42 U.S.C. 4321 et seq.) and has refined ‘‘(III) $650,000,000 for fiscal year 2007; ‘‘(D) forecasts of ridership and revenues; planning for the construction, operation, and ‘‘(IV) $850,000,000 for fiscal year 2008; and ‘‘(E) a description of preliminary engineer- maintenance of the MAGLEV project, under ‘‘(V) $850,000,000 for fiscal year 2009. ing that is sufficient to provide a reasonable this or any other program, may submit an ‘‘(iv) PROGRAM ADMINISTRATION.—There are estimate of the capital cost of constructing, application to the Administrator for Federal authorized to be appropriated from the High- operating, and maintaining the project; funding of a portion of the capital costs of way Trust Fund (other than the Mass Tran- ‘‘(F) a realistic schedule for construction planning, financing, constructing, and equip- sit Account) to carry out administration of and equipment for the project; ping the preferred alternative identified in this program— ‘‘(G) an environmental analysis in accord- the environmental analysis. ‘‘(I) $2,500,000 for fiscal year 2005; ance with the National Environmental Pol- ‘‘(e) FINANCIAL ASSISTANCE.— ‘‘(II) $13,000,000 for fiscal year 2006; icy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(III) $16,000,000 for fiscal year 2007; ‘‘(H) a preliminary identification of the 1 make available financial assistance to pay ‘‘(IV) $8,000,000 for fiscal year 2008; and or more organizations that will construct the Federal share of the full project costs of ‘‘(V) $5,000,000 for fiscal year 2009. and operate the project; and projects selected under this section. ‘‘(v) RESEARCH AND DEVELOPMENT.—There ‘‘(I) a cost-benefit analysis and tentative ‘‘(2) PREVAILING WAGE AND BUY AMERICA RE- is authorized to be appropriated from the financial plan for construction and operation QUIREMENTS.—Sections 5333(a) and 5323(j) of Highway Trust Fund (other than the Mass of the project. title 49 shall apply to financial assistance Transit Account) to carry out research and ‘‘(3) DEADLINE FOR APPLICATIONS.—The Ad- made available under this section and development activities to reduce MAGLEV ministrator shall establish an annual dead- projects funded with that assistance. deployment costs $4,000,000 for each of fiscal line for receipt of applications under this ‘‘(3) FEDERAL SHARE.— years 2005 through 2009. subsection. ‘‘(A) PHASE I AND PHASE II.—For Phase I— ‘‘(f) AVAILABILITY OF FUNDS.—Funds made ‘‘(4) EVALUATION.—The Administrator shall preconstruction planning and Phase II—envi- available under subsection (e) shall remain evaluate all applications received by the an- ronmental analyses carried out under sub- available until expended.

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‘‘(g) OTHER FEDERAL FUNDS.—Funds made ‘‘(B) file petitions for appeal of a decision At the appropriate place, insert the fol- available to a State to carry out the surface in such civil action; and lowing: transportation program under section 133 ‘‘(C) be substituted, upon the filing of a SEC. ll. CONSERVE BY BICYCLING PROGRAM. and the congestion mitigation and air qual- motion with the court, for the State as (a) DEFINITIONS.—In this section: ity improvement programs under section 149 parens patriae in the action. (1) PROGRAM.—The term ‘‘program’’ means may be used by any State to pay a portion of ‘‘(2) SUBSTITUTION.—If the Secretary or the the Conserve by Bicycling Program estab- the full project costs of an eligible project Board files a motion under paragraph (1)(C), lished by subsection (b). selected under this section, without require- the court shall— (2) SECRETARY.—The term ‘‘Secretary’’ ment for non-Federal funds. ‘‘(A) grant the motion without further means the Secretary of Transportation. ‘‘(h) OTHER FEDERAL FUNDS.—A project se- hearing or procedure; (b) ESTABLISHMENT.—There is established lected for funding under this section shall be ‘‘(B) substitute the Secretary or the Board, within the Department of Transportation a eligible for other forms of financial assist- as appropriate, for the State as plaintiff; and program to be known as the ‘‘Conserve by ance provided by this title and title V of the ‘‘(C) if requested by the Secretary or the Bicycling Program’’. Railroad Revitalization and Regulatory Re- Board, dismiss the State as a party to the (c) PROJECTS.— form Act of 1976 (45 U.S.C. 821 et seq.), in- action. (1) IN GENERAL.—In carrying out the pro- cluding loans, loan guarantees, and lines of ‘‘(d) CONSTRUCTION.—For purposes of bring- gram, the Secretary shall establish not more credit. ing any civil action under subsection (a), than 10 pilot projects that are— ‘‘(i) MANDATORY ADDITIONAL SELECTION.— nothing in this section shall— (A) dispersed geographically throughout ‘‘(1) IN GENERAL.—Subject to paragraph 2, ‘‘(1) operate to convey a right to initiate or the United States; and in selecting projects for preconstruction maintain a class action lawsuit in the en- (B) designed to conserve energy resources planning, deployment, and financial assist- forcement of a Federal law or regulation; or by encouraging the use of bicycles in place of ance, the Administrator may only provide ‘‘(2) prevent the attorney general of a motor vehicles. funds to MAGLEV projects that meet the State from exercising the powers conferred (2) REQUIREMENTS.—A pilot project de- criteria established under subsection (b)(4). on the attorney general by the laws of such scribed in paragraph (1) shall— ‘‘(2) PRIORITY FUNDING.—The Administrator State to conduct investigations or to admin- (A) use education and marketing to con- shall give priority funding to a MAGLEV ister oaths or affirmations or to compel the vert motor vehicle trips to bicycle trips; project that— attendance of witnesses or the production of (B) document project results and energy ‘‘(A) has already met the criteria in sec- documentary and other evidence. savings (in estimated units of energy con- tion 1218 of the Transportation Equity Act served); for the 21st Century (112 Stat. 216) and has SA 668. Mr. OBAMA submitted an (C) facilitate partnerships among inter- received funding prior to the date of enact- amendment intended to be proposed to ested parties in at least 2 of the fields of— ment of this section as a result of evaluation amendment SA 605 proposed by Mr. (i) transportation; and contracting procedures for MAGLEV (ii) law enforcement; transportation, to the extent that the INHOFE to the bill H.R. 3, to authorize (iii) education; project continues to fulfill the requirements funds for Federal-aid highways, high- (iv) public health; of this section; way safety programs, and transit pro- (v) environment; and ‘‘(B) to the maximum extent practicable, grams, and for other purposes; which (vi) energy; has met safety guidelines established by the was ordered to lie on the table; as fol- (D) maximize bicycle facility investments; Administrator to protect the health and lows: (E) demonstrate methods that may be used safety of the public; On page 143, after the matter following line in other regions of the United States; and ‘‘(C) is based on designs that ensure the 25, add the following: (F) facilitate the continuation of ongoing greatest life cycle advantages for the programs that are sustained by local re- SEC. lll. SENSE OF THE SENATE IN SUPPORT project; OF INCREASED PUBLIC AWARENESS sources. ‘‘(D) contains domestic content of at least OF BLOOD ALCOHOL CONCENTRA- (3) COST SHARING.—At least 20 percent of 70 percent; and TION LEVELS AND THE DANGERS OF the cost of each pilot project described in ‘‘(E) is designed and developed through DRINKING AND DRIVING. paragraph (1) shall be provided from State or public/private partnership entities and con- (a) FINDINGS.—The Senate finds that— local sources. tinues to meet the criteria set forth in sec- (1) in 2003— (d) ENERGY AND BICYCLING RESEARCH tion 1218 of the Transportation Equity Act (A) 17,013 Americans died in alcohol-re- STUDY.— for the 21st Century (112 Stat. 216) regarding lated traffic crashes; (1) IN GENERAL.—Not later than 2 years public/private partnerships.’’. (B) 40 percent of the persons killed in traf- after the date of enactment of this Act, the (b) CONFORMING AMENDMENT.—The analysis fic crashes died in alcohol-related crashes; Secretary shall enter into a contract with for chapter 3 of title 23, United States Code, and the National Academy of Sciences for, and is amended by striking the item relating to (C) drivers with blood alcohol concentra- the National Academy of Sciences shall con- section 322 and inserting the following: tion levels over 0.15 were involved in 58 per- duct and submit to Congress a report on, a ‘‘322. High-speed magnetic levitation system cent of alcohol-related traffic fatalities; study on the feasibility of converting motor deployment program.’’. (2) research shows that 77 percent of Amer- vehicle trips to bicycle trips. icans think they have received enough infor- (2) COMPONENTS.—The study shall— SA 667. Mr. LOTT submitted an mation about drinking and driving and the (A) document the results or progress of the amendment intended to be proposed to way in which alcohol affects individual blood pilot projects under subsection (b); amendment SA 605 proposed by Mr. alcohol concentration levels; and (B) determine the type and duration of motor vehicle trips that people in the United INHOFE to the bill H.R. 3, to authorize (3) only 28 percent of the American public funds for Federal-aid highways, high- can correctly identify the legal limit of States may feasibly make by bicycle, taking into consideration factors such as— way safety programs, and transit pro- blood alcohol concentration of the State in which they reside. (i) weather; grams, and for other purposes; which (b) SENSE OF THE SENATE.—It is the sense (ii) land use and traffic patterns; was ordered to lie on the table; as fol- of the Senate that the National Highway (iii) the carrying capacity of bicycles; and lows: Traffic Safety Administration should work (iv) bicycle infrastructure; On page 1234, beginning with line 8, strike with State and local governments and inde- (C) determine any energy savings that through line 6 on page 1235 and insert the fol- pendent organizations to increase public would result from the conversion of motor lowing: awareness of— vehicle trips to bicycle trips; ‘‘(b) NOTICE.—The State shall serve written (1) State legal limits on blood alcohol con- (D) include a cost-benefit analysis of bicy- notice to the Secretary or the Board, as the centration levels; and cle infrastructure investments; and case may be, of any civil action under sub- (2) the dangers of drinking and driving. (E) include a description of any factors section (a) prior to initiating such civil ac- that would encourage more motor vehicle tion. The notice shall include a copy of the SA 669. Mr. DURBIN submitted an trips to be replaced with bicycle trips. complaint to be filed to initiate such civil amendment intended to be proposed to (e) AUTHORIZATION OF APPROPRIATIONS.— action. amendment SA 605 proposed by Mr. There is authorized to be appropriated to ‘‘(c) AUTHORITY TO INTERVENE.— INHOFE to the bill H.R. 3, to authorize carry out this section $6,200,000, to remain ‘‘(1) IN GENERAL.—Upon receiving the no- funds for Federal-aid highways, high- available until expended, of which— tice required by subsection (b), the Secretary (1) $5,150,000 shall be used to carry out pilot or Board may intervene in such civil action way safety programs, and transit pro- projects described in subsection (c); and upon intervening— grams, and for other purposes; which (2) $300,000 shall be used by the Secretary ‘‘(A) be heard on all matters arising in was ordered to lie on the table; as fol- to coordinate, publicize, and disseminate the such civil action; lows: results of the program; and

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9331 (3) $750,000 shall be used to carry out sub- under subpart A and sections 27, 29, and 30, amendment SA 605 proposed by Mr. section (d). over INHOFE to the bill H.R. 3, to authorize ‘‘(2) the tentative minimum tax for the funds for Federal-aid highways, high- SA 670. Mr. OBAMA (for himself, Mr. taxable year. way safety programs, and transit pro- COLEMAN, Mr. LUGAR, Mr. DURBIN, Mr. ‘‘(e) CARRYFORWARD ALLOWED.— HARKIN, Mr. SALAZAR, Mr. BAYH, Mr. ‘‘(1) IN GENERAL.—If the credit amount al- grams, and for other purposes; which TALENT, and Mr. DAYTON) submitted an lowable under subsection (a) for a taxable was ordered to lie on the table; as fol- amendment intended to be proposed to year exceeds the amount of the limitation lows: amendment SA 605 proposed by Mr. under subsection (d) for such taxable year, On page 410, between lines 7 and 8, insert such excess shall be allowed as a credit INHOFE to the bill H.R. 3, to authorize the following: carryforward for each of the 20 taxable years SEC. lll. TRANSPORTATION AND LOCAL WORK- funds for Federal-aid highways, high- following the unused credit year. way safety programs, and transit pro- FORCE INVESTMENT. ‘‘(2) RULES.—Rules similar to the rules of (a) FINDINGS.—Congress finds the fol- grams, and for other purposes; which section 39 shall apply with respect to the lowing: was ordered to lie on the table; as fol- credit carryforward under paragraph (1). (1) Federal-aid highway programs provide lows: ‘‘(f) SPECIAL RULES.—For purposes of this State and local governments and other re- On page 635, between lines 3 and 4, insert section— cipients substantial funds for projects that the following: ‘‘(1) BASIS REDUCTION.—The basis of any produce significant employment and job- SEC. 5309. INCENTIVES FOR THE INSTALLATION property shall be reduced by the portion of training opportunities. OF ALTERNATIVE FUEL REFUELING the cost of such property taken into account (2) Every $1,000,000,000 in Federal infra- STATIONS. under subsection (a). structure investment creates an estimated (a) IN GENERAL.—Subpart B of part IV of ‘‘(2) NO DOUBLE BENEFIT.—No deduction 47,500 jobs. subchapter A of chapter 1 (relating to foreign shall be allowed under section 179A with re- (3) Jobs in transportation construction, in- tax credit, etc.) is amended by adding at the spect to any property with respect to which cluding apprenticeship positions, typically end the following new section: a credit is allowed under subsection (a). pay more than twice the minimum wage, and ‘‘SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUEL- ‘‘(3) PROPERTY USED BY TAX-EXEMPT ENTI- include health and other benefits. ING PROPERTY CREDIT. TY.—In the case of any qualified alternative (4) Transportation projects provide the im- ‘‘(a) CREDIT ALLOWED.—There shall be al- fuel vehicle refueling property the use of petus for job training and employment op- lowed as a credit against the tax imposed by which is described in paragraph (3) or (4) of portunities for low income individuals resid- this chapter for the taxable year an amount section 50(b) and which is not subject to a ing in the area in which a transportation equal to 50 percent of the cost of any quali- lease, the person who sold such property to fied alternative fuel vehicle refueling prop- project is planned. the person or entity using such property (5) Transportation projects can offer young erty placed in service by the taxpayer during shall be treated as the taxpayer that placed the taxable year. people, particularly those who are economi- such property in service, but only if such cally disadvantaged, the opportunity to gain ‘‘(b) LIMITATION.— person clearly discloses to such person or en- ‘‘(1) IN GENERAL.—The credit allowed under productive employment. tity in a document the amount of any credit subsection (a)— (6) The Alameda Corridor, a $2,400,000,000 allowable under subsection (a) with respect ‘‘(A) with respect to any retail alternative transportation project, is an example of a to such property (determined without regard fuel vehicle refueling property, shall not ex- transportation project that included a local to subsection (d)). ceed $30,000, and hiring provision resulting in a full 30 percent ‘‘(4) PROPERTY USED OUTSIDE UNITED ‘‘(B) with respect to any residential alter- of the project jobs being filled by locally STATES, ETC., NOT QUALIFIED.—No credit shall native fuel vehicle refueling property, shall hired and trained men and women. be allowable under subsection (a) with re- not exceed $1,000. (b) SENSE OF CONGRESS.—It is the sense of spect to any property referred to in section ‘‘(2) PHASEOUT.— Congress that Federal transportation 50(b)(1) or with respect to the portion of the ‘‘(A) IN GENERAL.—In the case of any quali- projects should facilitate and encourage the cost of any property taken into account fied alternative fuel vehicle refueling prop- collaboration between interested persons, in- under section 179. erty placed in service after December 31, cluding State, Federal, and local govern- ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No 2010, the limit otherwise applicable under ments, community colleges, apprentice pro- credit shall be allowed under subsection (a) paragraph (1) shall be reduced by— grams, local high schools, and other commu- for any property if the taxpayer elects not to ‘‘(i) 25 percent in the case of any alter- nity based organizations that have an inter- have this section apply to such property. native fuel vehicle refueling property placed est in improving the job skills of low-income ‘‘(6) RECAPTURE RULES.—Rules similar to in service in calendar year 2011, and individuals, to help leverage scarce training the rules of section 179A(e)(4) shall apply. ‘‘(ii) 50 percent in the case of any alter- and community resources and to help ensure ‘‘(g) REGULATIONS.—The Secretary shall native fuel vehicle refueling property placed local participation in the building of trans- prescribe such regulations as necessary to in service in calendar year 2012. portation projects. carry out the provisions of this section. ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(h) TERMINATION.—This section shall not tion— SA 672. Mr. NELSON (for himself, Mr. apply to any property placed in service after ‘‘(1) QUALIFIED ALTERNATIVE FUEL VEHICLE December 31, 2013.’’. MARTINEZ, and Mr. CORNYN) submitted REFUELING PROPERTY.—The term ‘qualified (b) CONFORMING AMENDMENTS.— an amendment intended to be proposed alternative fuel vehicle refueling property’ (1) Section 1016(a) is amended by striking to amendment SA 605 proposed by Mr. has the same meaning given for clean-fuel ‘‘and’’ at the end of paragraph (30), by strik- INHOFE to the bill H.R. 3, to authorize vehicle refueling property by section 179A(d), ing the period at the end of paragraph (31) but only with respect to any fuel at least 85 funds for Federal-aid highways, high- and inserting ‘‘, and’’, and by adding at the percent of the volume of which consists of way safety programs, and transit pro- end the following new paragraph: ethanol. grams, and for other purposes; which ‘‘(32) to the extent provided in section ‘‘(2) RESIDENTIAL ALTERNATIVE FUEL VEHI- was ordered to lie on the table; as fol- 30B(f)(1).’’. CLE REFUELING PROPERTY.—The term ‘resi- (2) Section 55(c)(2) is amended by inserting lows: dential alternative fuel vehicle refueling ‘‘30B(d),’’ after ‘‘30(b)(3),’’. Subtitle D of title I is amended by adding property’ means qualified alternative fuel (3) Section 6501(m) is amended by inserting at the end the following: vehicle refueling property which is installed ‘‘30B(f)(5),’’ after ‘‘30(d)(4),’’. SEC. 14ll. LIVESTOCK TRAILER WEIGHT EX- on property which is used as the principal (4) The table of sections for subpart B of EMPTION. residence (within the meaning of section 121) part IV of subchapter A of chapter 1 is Section 127(a) of title 23, United States of the taxpayer. amended by inserting after the item relating Code, is amended by adding at the end the ‘‘(3) RETAIL ALTERNATIVE FUEL VEHICLE RE- to section 30A the following new item: following: ‘‘The States of Florida and Texas FUELING PROPERTY.—The term ‘retail alter- may issue, on payment of an annual fee of native fuel vehicle refueling property’ means ‘‘Sec. 30B. Alternative fuel vehicle re- fueling property credit.’’. $200 for each livestock trailer, special per- qualified alternative fuel vehicle refueling mits to authorize the operation of vehicles property which is of a character subject to (c) EFFECTIVE DATE.—The amendments made by this section shall apply to property with a gross vehicle weight of not more than an allowance for depreciation. 90,000 pounds for the hauling of livestock.’’. ‘‘(d) APPLICATION WITH OTHER CREDITS.— placed in service after the date of the enact- The credit allowed under subsection (a) for ment of this Act, in taxable years ending any taxable year shall not exceed the excess after such date. SA 673. Mr. AKAKA (for himself and (if any) of— Mr. ALEXANDER) submitted an amend- ‘‘(1) the regular tax for the taxable year re- SA 671. Mr. OBAMA submitted an ment intended to be proposed to duced by the sum of the credits allowable amendment intended to be proposed to amendment SA 605 proposed by Mr.

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INHOFE to the bill H.R. 3, to authorize SEC. ll. MILEAGE REIMBURSEMENTS TO CHAR- INHOFE to the bill H.R. 3, to authorize funds for Federal-aid highways, high- ITABLE VOLUNTEERS EXCLUDED funds for Federal-aid highways, high- FROM GROSS INCOME. way safety programs, and transit pro- (a) IN GENERAL.—Part III of subchapter B way safety programs, and transit pro- grams, and for other purposes; which of chapter 1 is amended by inserting after grams, and for other purposes; which was ordered to lie on the table; as fol- section 139A the following new section: was ordered to lie on the table; as fol- lows: ‘‘SEC. 139B. MILEAGE REIMBURSEMENTS TO lows: On page 35, strike lines 18 through 21 and CHARITABLE VOLUNTEERS. At the end of subtitle H of title I, add the insert the following: ‘‘(a) IN GENERAL.—Gross income of an indi- following: (i) $310,000,000 for fiscal year 2005; and vidual does not include amounts received, SEC. 18ll. ADVANCED TECHNOLOGIES. (ii) $320,000,000 for each of fiscal years 2006 from an organization described in section Section 133(b) of title 23, United States through 2009. 170(c), as reimbursement of operating ex- Code (as amended by section 1813(b)), is penses with respect to use of a passenger amended by adding at the end the following: SA 674. Mr. SCHUMER (for himself, automobile for the benefit of such organiza- ‘‘(20) Development of advanced motor vehi- Mr. KENNEDY, Mrs. CLINTON, Mr. LEVIN, tion. The preceding sentence shall apply only cle technologies that will increase the fuel and Mr. SARBANES) submitted an to the extent that such reimbursement efficiency of motor vehicles or reduce indi- amendment intended to be proposed to would be deductible under this chapter if vidual vehicle emissions, as compared to ap- section 274(d) were applied— plicable Federal or State regulations, on the amendment SA 605 proposed by Mr. ‘‘(1) by using the standard business mileage condition that not more than 5 percent of INHOFE to the bill H.R. 3, to authorize rate established under such section, and the funds apportioned to the State for a fis- funds for Federal-aid highways, high- ‘‘(2) as if the individual were an employee cal year are used for that purpose.’’. way safety programs, and transit pro- of an organization not described in section grams, and for other purposes; which 170(c). SA 679. Mr. LAUTENBERG sub- was ordered to lie on the table; as fol- ‘‘(b) NO DOUBLE BENEFIT.—Subsection (a) mitted an amendment intended to be lows: shall not apply with respect to any expenses proposed to amendment SA 605 pro- if the individual claims a deduction or credit posed by Mr. INHOFE to the bill H.R. 3, On page 628, line 23, strike ‘‘$155’’ and in- for such expenses under any other provision sert ‘‘$155 ($170 for 2007, $185 for 2008 and $200 to authorize funds for Federal-aid high- of this title. ways, highway safety programs, and for 2009 and thereafter)’’. ‘‘(c) EXEMPTION FROM REPORTING REQUIRE- On page 629, line 5, strike ‘‘2008’’ and insert transit programs, and for other pur- MENTS.—Section 6041 shall not apply with re- ‘‘2009’’. spect to reimbursements excluded from in- poses; which was ordered to lie on the On page 629, line 7, strike ‘‘2007’’ and insert come under subsection (a).’’. table; as follows: ‘‘2008’’. (b) CLERICAL AMENDMENT.—The table of On page 270, between lines 15 and 16, insert the following: SA 675. Mrs. BOXER submitted an sections for part III of subchapter B of chap- ter 1 is amended by inserting after the item SEC. 1613. PUBLIC HEALTH PROTECTION. amendment intended to be proposed by relating to section 139A and inserting the Section 149 of title 23, United States Code, her to the bill H.R. 3, to authorize following new item: is amended— funds for Federal-aid highways, high- ‘‘Sec. 139B. Reimbursement for use of pas- (1) in subsection (b)— way safety programs, and transit pro- senger automobile for char- (A) in paragraph (1)(A)— grams, and for other purposes; which ity.’’. (i) in clause (i), by striking ‘‘air quality was ordered to lie on the table; as fol- (c) EFFECTIVE DATE.—The amendments standard; or’’ and inserting ‘‘ air quality lows: made by this section shall apply to taxable standard that would protect public health;’’; years beginning after the date of the enact- (ii) in clause (ii), by inserting ‘‘that would SEC. ll. CERTIFICATION OF VEHICLE EMISSION ment of this Act. protect public health’’ after ‘‘maintenance PERFORMANCE STANDARDS. area’’; and ll (a) VEHICLE EMISSION PERFORMANCE STAND- SEC. . INCREASE IN PENALTY FOR BAD CHECKS AND MONEY ORDERS. (iii) by adding at the end the following: ARDS.—Section 13902 (a)(1) of title 49, United ‘‘(ii) the improvement of public health by (a) IN GENERAL.—Section 6657 (relating to States Code, is amended— bad checks) is amended— decreasing air pollutant emissions; or’’; (1) by redesignating subparagraphs (B) and (B) in paragraph (2), by inserting ‘‘that (C) as subparagraphs (C) and (D), respec- (1) by striking ‘‘$750’’ and inserting ‘‘$1,250’’, and would protect public health’’ after ‘‘air qual- tively, and, ity benefits’’; (2) by inserting after subparagraph (A) the (2) by striking ‘‘$15‘‘ and inserting ‘‘$25’’. (b) EFFECTIVE DATE.—The amendments (C) in paragraph (3), by striking ‘‘or following: made by this section apply to checks or through other factors’’ and inserting ‘‘ad- ‘‘(B) the requirement that a motor carrier vanced vehicle technologies, consumption of certifies that, beginning in 2007, the vehicle money orders received after the date of the enactment of this Act. cleaner burning fuels, or other means’’; and or vehicles purchased in that year or after- (D) in paragraph (5), insert ‘‘or dedicated wards and operated by the motor carrier non-fixed guideways’’ after ‘‘high occupancy comply with the heavy duty vehicle and en- SA 677. Mr. LEVIN submitted an amendment intended to be proposed to vehicle lanes’’; gine emissions performance standards and (2) in subsection (c)— related regulations established by the Ad- amendment SA 605 proposed by Mr. (A) in paragraph (1)— ministrator of the Environmental Protection INHOFE to the bill H.R. 3, to authorize (i) by striking ‘‘If a State does not have’’ Agency pursuant to section 202(a)(3) of the funds for Federal-aid highways, high- and inserting the following: Clean Air Act (42 USC 7521(a)(3));’’ way safety programs, and transit pro- ‘‘(A) IN GENERAL.—If a State does not (b) STUDY.—Within 180 days following the grams, and for other purposes; which have’’; and date of enactment of this Act, the Secretary was ordered to lie on the table; as fol- (ii) by adding at the end the following: of Transportation shall make recommenda- lows: ‘‘(B) PRIORITY.—The State shall give pri- tions to Congress on ways to ensure that ority to projects that— trucks built prior to 2007 operating in the On page 635, between lines 3 and 4, insert ‘‘(i) promote deployment of advanced tech- United States comply with all emissions per- the following: nology heavy-duty vehicles and clean fuels; formance standards of the Clean Air Act ap- SEC. ll. MODIFICATION OF EFFECTIVE DATE and plicable to such engines at the time the en- FOR CIVIL RIGHTS TAX RELIEF. ‘‘(ii) protect public health.’’; and gine was manufactured. (a) IN GENERAL.—Section 703(c) of the (B) in paragraph (2)— American Jobs Creation Act of 2004 is (i) by striking ‘‘If a State has’’ and insert- SA 676. Mr. FEINGOLD submitted an amended by striking ‘‘the date of the enact- ing the following: amendment intended to be proposed to ment of this Act’’ and inserting ‘‘December ‘‘(A) IN GENERAL.—If a State has’’; and amendment SA 605 proposed by Mr. 31, 2002,’’. (ii) by adding at the end the following: (b) EFFECTIVE DATE.—The amendment INHOFE to the bill H.R. 3, to authorize ‘‘(B) PRIORITY.—The State shall give pri- made by subsection (a) shall take effect as if ority to projects that— funds for Federal-aid highways, high- included in the enactment of the American way safety programs, and transit pro- ‘‘(i) promote deployment of advanced tech- Jobs Creation Act of 2004. nology heavy-duty vehicles and clean fuels; grams, and for other purposes; which and was ordered to lie on the table; as fol- SA 678. Mr. LEVIN (for himself and ‘‘(ii) protect public health.’’; and lows: Ms. STABENOW) submitted an amend- (3) in subsection (e)(4)(B), by inserting ‘‘or At the appropriate place in title V insert ment intended to be proposed to advanced technology heavy-duty’’ after ‘‘al- the following: amendment SA 605 proposed by Mr. ternative fueled’’.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9333 SA 680. Mr. KERRY (for himself and (c) RESPONSIBILITY OF STATES.— verification by the Administrator or the Mr. KENNEDY) submitted an amend- (1) DEFINITIONS.—In this subsection: California Air Resources board that is sub- ment intended to be proposed to (A) ADMINISTRATOR.—The term ‘‘Adminis- mitted not later that 18 months of the date amendment SA 605 proposed by Mr. trator’’ means the Administrator of the En- of enactment of this Act; vironmental Protection Agency. (C) available information regarding the INHOFE to the bill H.R. 3, to authorize (B) CMAQ RESOURCES.—The term ‘‘CMAQ emission reduction effectiveness and cost ef- funds for Federal-aid highways, high- resources’’ means resources available to a fectiveness of technologies identified in this way safety programs, and transit pro- State to carry out the congestion mitigation paragraph, taking into consideration health grams, and for other purposes; which and air quality improvement program under effects; was ordered to lie on the table; as fol- section 149 of title 23, United States Code. (D) options and recommendations for the lows: (C) DIESEL RETROFIT TECHNOLOGY.—The structure and content of emission reduction On page 91, between lines 16 and 17, insert term ‘‘diesel retrofit technology’’ means a strategies including— the following: replacement, repowering, rebuilding, (i) emission reduction performance cri- (c) FERRY DISCRETIONARY GRANT PRO- aftertreatment or other technology, as de- teria; GRAM.—For purposes of section 129(c) of title termined by the Administrator. (ii) financial incentives that use CMAQ re- 23, United States Code, a private owner and (2) EMISSION REDUCTION STRATEGIES.—Each sources and State resources; operator that has entered into a license-fee State shall develop, implement, and periodi- (iii) procedures to facilitate access by con- arrangement with a public transportation cally revise emission reduction strategies tractors to financial incentives; authority to provide essential year-round comprised of any methods determined to be (iv) contract incentives, allowances, and public transportation services to the islands appropriate by the State that are consistent procedures; off of Cape Cod, Massachusetts shall be con- with section 209 of the Clean Air Act (42 (v) methods of voluntary emission reduc- sidered publicly operated and shall not be U.S.C. 7542) for engines and vehicles that tions; and subject to paragraph (4) of such subsection. are— (vi) other means that may be employed to (A) used in construction projects located in reduce emissions from construction activi- SA 681. Mrs. CLINTON submitted an nonattainment and maintenance areas (as ties; and amendment intended to be proposed to those terms are defined in section 101 of the (6) USE OF CMAQ FUNDS.—A State may use amendment SA 605 proposed by Mr. Clean Air Act (42 U.S.C. 7401)); and funds made available under this title and INHOFE to the bill H.R. 3, to authorize (B) funded, in whole or in part, under title title 23, United States Code, for the conges- funds for Federal-aid highways, high- 23, United States Code. tion mitigation and air quality program way safety programs, and transit pro- (3) STATE CONSIDERATIONS.—In developing under section 149 of title 23, United States grams, and for other purposes; which emission reduction strategies, each State— Code, to ensure the deployment of the was ordered to lie on the table; as fol- (A) may include any means to reduce emis- projects or programs described in section lows: sions that are determined to be appropriate 149(b)(8) of title 23, United States Code. by the State; but (7) LIMITATION.—States shall give priority Beginning on page 267, strike line 18 and (B) shall— in distributing funds received for congestion all that follows through page 270, line 15 and (i) consider guidance issued by the Admin- mitigation and air quality projects and pro- insert the following: istrator under paragraph (5); grams to finance diesel retrofit and cost-ef- SEC. 1612. ADDITION TO CMAQ-ELIGIBLE (ii) limit technologies to those identified fective emission reduction activities identi- PROJECTS. by the Administrator under paragraph (5); fied by the States in emission reduction (a) ELIGIBLE PROJECTS.—Section 149(b) of (iii) provide contractors with guidance and strategies developed under this subsection. title 23, United States Code, is amended— technical assistance regarding the imple- (8) NO EFFECT ON AUTHORITY OR RESTRIC- (1) in paragraph (4), by striking ‘‘or’’ at the TIONS.—Nothing in this subsection modifies end; mentation of emission reduction strategies; (2) in paragraph (5), by striking the period (iv) give special consideration to small any authority or restriction established at the end and inserting a semicolon; and businesses that participate in projects fund- under the clean Air Act (42 U.S.c. 7401 et (3) by adding at the end the following: ed under title 23, United States Code; seq.). ‘‘(6) if the project or program is for the (v) place priority on the use of— purchase of alternative fuel (as defined in (I) diesel retrofit technologies and activi- SA 682. Mr. INOUYE submitted an section 301 of the Energy Policy Act of 1992 ties; amendment intended to be proposed to (42 U.S.C. 13211)) or biodiesel; (II) cost-effective strategies; amendment SA 605 proposed by Mr. ‘‘(7) if the project or program involves the (III) financial incentives using CMAQ re- INHOFE to the bill H.R. 3, to authorize purchase of integrated, interoperable emer- sources and State resources; and funds for Federal-aid highways, high- gency communications equipment; or (IV) strategies that maximize health bene- fits; and way safety programs, and transit pro- ‘‘(8) if the project or program is for— grams, and for other purposes; which ‘‘(A) diesel retrofit technologies contained (vi) not include any activities prohibited in or related to an emission reduction strat- by paragraph (4). was ordered to lie on the table; as fol- egy developed by the State in accordance (4) STATE LIMITATIONS.—Emission reduc- lows: with subsection (c); and tion strategies may not— On page 1266, beginning with line 13, strike ‘‘(B) outreach activities that are designed (A) authorize or recommend the use of through line 5 on page 1267 and insert the fol- to provide information and technical assist- bans on equipment or vehicle use during lowing: ance to the owners and operators of diesel specified periods of a day; ‘‘(c) COSTS-BENEFITS REQUIREMENT.— equipment and vehicles regarding the emis- (B) authorize or recommend the use of con- ‘‘(1) IN GENERAL.—A grant may be awarded sion reduction strategy.’’. tract procedures that would require retrofit under this section for a project for the relo- (b) STATES RECEIVING MINIMUM APPORTION- activities, unless funds are made available cation of a rail line only if the benefits of the MENT.—Section 149(c) of title 23, United by the State under this section or other project for the period equal to the estimated States Code, is amended— State authority to offset the cost of those economic life of the re-located rail line ex- (1) in paragraph (1), by striking ‘‘for any activities; or ceed the costs of the project for that period, project eligible under the surface transpor- (C) authorize the use of contract proce- as determined by the Secretary considering tation program under section 133.’’ and in- dures that would discriminate between bid- the following factors: serting the following: ‘‘for any project in the ders on the basis of the bidder’s existing ‘‘(A) The effects of the rail line and the rail State that— equipment or existing vehicle emission tech- traffic on motor vehicle and pedestrian traf- ‘‘(A) would otherwise be eligible under this nology. fic, safety, community quality of life, and section as if the project were carried out in (5) EMISSION REDUCTION STRATEGY GUID- area commerce if the rail line were not so re- a nonattainment or maintenance area; or ANCE.—The Administrator, in consultation located. ‘‘(B) is eligible under the surface transpor- with the Secretary, shall publish a non- ‘‘(B) The effects of the rail line, relocated tation program under section 133.’’; and binding list of emission reduction strategies as proposed, on motor vehicle and pedestrian (2) in paragraph (2), by striking ‘‘for any and supporting technical information for— traffic, safety, community quality of life, project in the State eligible under section (A) diesel emission reduction technologies and area commerce. 133.’’ and inserting the following: ‘‘for any certified or verified by the Administrator, ‘‘(C) The effects of the rail line, relocated project in the State that— the California Air Resources Board, or any as proposed, on the freight and passenger rail ‘‘(A) would otherwise be eligible under this other entity recognized by the Adminis- operations on the rail line. section as if the project were carried out in trator for the same purpose; ‘‘(2) OTHER PROJECTS.—The requirements of a nonattainment or maintenance area; or (B) diesel emission reduction technologies paragraph (1) do not apply to grants awarded ‘‘(B) is eligible under the surface transpor- identified by the Administrator as having an for community quality of life improvements tation program under section 133.’’. application and approvable test plan for under subsection (b) (1) (A) of this section.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00189 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9334 CONGRESSIONAL RECORD—SENATE May 11, 2005 SA 683. Mr. WARNER submitted an amendment SA 605 proposed by Mr. amendment intended to be proposed to amendment intended to be proposed to INHOFE to the bill H.R. 3, to authorize amendment SA 605 proposed by Mr. amendment SA 605 proposed by Mr. funds for Federal-aid highways, high- INHOFE to the bill H.R. 3, to authorize INHOFE to the bill H.R. 3, to authorize way safety programs, and transit pro- funds for Federal-aid highways, high- funds for Federal-aid highways, high- grams, and for other purposes; which way safety programs, and transit pro- way safety programs, and transit pro- was ordered to lie on the table; as fol- grams, and for other purposes; which grams, and for other purposes; which lows: was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- Strike section 1606(a)(1)(B) and insert the lows: lows: following: On page 352, strike lines 5 through 9 and in- Strike section 1808(b) and insert the fol- (B) SERIOUSLY DEGRADED.—The term ‘‘seri- sert the following: lowing: ously degraded’’, with respect to high occu- ation Area; and pancy vehicle lanes, means that an high oc- (b) COALFIELDS EXPRESSWAY, VIRGINIA.— (ii) $46,931,446 to the State of Missouri for cupancy vehicle facility fails to maintain a (1) DESIGNATION.—Except as provided in construction of a structure over the Mis- paragrah (2), there is designated as an addi- minimum average operating speed of no less sissippi River to connect the city of St. tion to the Appalachian Development High- than 5 miles per hour below the speed limit, Louis, Missouri, to the State of Illinois; and way System in the State of Virginia Seg- 90 percent of the time, over a consecutive 3- (iii) $46,931,446 to the State of New York for ment B of the Coalfields Expressway begin- month period during the weekday peak trav- planning, design, and construction of the ning at Corridor B near Pound, Virginia to el periods. Peace Bridge connecting Buffalo, New York with Canada. Clintwood, Virginia. SA 687. Mrs. HUTCHISON submitted (2) EXCLUSION OF PORTION OF CORRIDOR H.— The segment of Corridor H in the State of an amendment intended to be proposed SA 690. Mr. WYDEN submitted an Virginia beginning at the West Virginia to amendment SA 605 proposed by Mr. amendment intended to be proposed to State line and ending at Interstate Route INHOFE to the bill H.R. 3, to authorize amendment SA 605 proposed by Mr. 81— funds for Federal-aid highways, high- INHOFE to the bill H.R. 3, to authorize (A) shall be excluded from Corridor H; way safety programs, and transit pro- funds for Federal-aid highways, high- (B) shall not be eligible for funding after grams, and for other purposes; which way safety programs, and transit pro- the date of enactment of this Act; and was ordered to lie on the table; as fol- grams, and for other purposes; which (C) may be included on a map of the Appa- lows: lachian Development Highway System in the was ordered to lie on the table; as fol- State of Virginia for purposes of continuity On page 52, line 19, strike ‘‘92’’ and insert lows: only. ‘‘93.06’’. At the end of subtitle G of title I, add the On page 53, strike lines 8 through 19 and in- (3) MODIFICATION OF MILEAGE.—Section following: sert the following: 14501(a) of title 40, United States Code, is SEC. 17ll. HOURS OF SERVICE FOR OPERATORS ‘‘(B) for a State with a total population amended in the second sentence by striking OF HELICOPTER SUPPORT VEHI- density of less than 30 persons per square ‘‘3,090’’ and inserting ‘‘3,088’’. CLES ENGAGED IN ACTIVE FIRE mile, as reported in the decennial census (c) CONFORMING AMENDMENTS.— SUPPRESSION ACTIVITIES. conducted by the Federal Government in (1) USE OF TOLL CREDITS.—Section 120(j)(1) Section 345 of the National Highway Sys- of title 23, United States Code, is amended by 2000, the greater of— tem Designation Act of 1995 (49 U.S.C. 31136 On page 55, line 17, strike ‘‘115’’ and insert inserting ‘‘and the Appalachian development note; 109 Stat. 613) is amended— ‘‘100’’. (1) in subsection (a), by adding at the end highway system program under subtitle IV On page 56, line 18, strike ‘‘91’’ and insert of title 40’’ after ‘‘(other than the emergency the following: ‘‘93.06’’. ‘‘(6) OPERATORS OF HELICOPTER SUPPORT VE- relief program authorized by section 125’’. On page 56, line 19, strike ‘‘92’’ and insert HICLES ENGAGED IN ACTIVE FIRE SUPPRESSION (2) ANALYSIS.—The analysis of chapter 1 of ‘‘93.06’’. ACTIVITIES.— title 23, United States Code (as amended by Beginning on page 56, strike line 20 and all ‘‘(A) INAPPLICABILITY OF FEDERAL REGULA- section 1702(b)), is amended by adding at the that follows through page 57, line 16. end the following: On page 57, line 17, strike ‘‘(e)’’ and insert TIONS.—Regulations described in paragraph (1) shall not apply to a driver of a vehicle en- ‘‘170. Appalachian development highway ‘‘(d)’’. gaged in the support of a helicopter engaged system.’’. On page 58, line 7, strike ‘‘(f)’’ and insert ‘‘(e)’’. in active fire suppression activities. ‘‘(B) PROHIBITION ON STATE REGULATIONS.— SA 684. Mr. STEVENS submitted an On page 58, line 11, strike ‘‘(g)’’ and insert ‘‘(f)’’. A State, a political subdivision of a State, an amendment intended to be proposed to interstate agency, or an entity consisting of amendment SA 605 proposed by Mr. SA 688. Mr. ALLARD submitted an 2 or more States shall not enact or enforce INHOFE to the bill H.R. 3, to authorize amendment intended to be proposed to any law, rule, regulation, or standard that funds for Federal-aid highways, high- amendment SA 605 proposed by Mr. imposes a requirement that is similar to a requirement contained in the regulations de- way safety programs, and transit pro- INHOFE to the bill H.R. 3, to authorize grams, and for other purposes; which scribed in paragraph (1) on a driver of a vehi- funds for Federal-aid highways, high- cle engaged in the support of a helicopter en- was ordered to lie on the table; as fol- way safety programs, and transit pro- lows: gaged in active fire suppression activities.’’; grams, and for other purposes; which (2) in subsection (b), by striking ‘‘Nothing’’ On page 38, line 13, strike ‘‘$28,158,868’’ and was ordered to lie on the table; as fol- and inserting ‘‘Except as provided in sub- insert ‘‘$70,000,000’’. lows: section (a)(6), nothing’’; and On page 162, line 18, strike ‘‘and’’. (3) in the first sentence of subsection (c), SA 685. Mrs. STEVENS submitted an On page 162, line 22, strike the period and by striking ‘‘paragraph (2)’’ and inserting amendment intended to be proposed to insert ‘‘; and’’. ‘‘an exemption under paragraph (2) or (6) of amendment SA 605 proposed by Mr. On page 162, after line 22, insert the fol- subsection (a)’’. INHOFE to the bill H.R. 3, to authorize lowing: funds for Federal-aid highways, high- (5) by adding at the end the following: SA 691. Mr. WYDEN submitted an way safety programs, and transit pro- ‘‘(l) NOTIFICATION OF PENDING DISCRE- amendment intended to be proposed to grams, and for other purposes; which TIONARY GRANTS.—Not less than 3 full busi- amendment SA 605 proposed by Mr. ness days before announcement of award by INHOFE to the bill H.R. 3, to authorize was ordered to lie on the table; as fol- the Secretary of any discretionary grant, lows: funds for Federal-aid highways, high- letter of intent, of full funding grant agree- way safety programs, and transit pro- On page 50, strike lines 16 through 18, and ment totaling $1,000,000 or more, the Sec- insert the following: retary shall notify the Committees on Bank- grams, and for other purposes; which (c) ALASKA HIGHWAY.—Section 104(b)(1)(A) ing, Housing, and Urban Affairs and Appro- was ordered to lie on the table; as fol- of title 23, United States Code, is amended by priations of the Senate and Committees on lows: striking ‘‘$18,800,000 for each of fiscal years Transportation and Infrastructure and Ap- At the appropriate place, insert the fol- 1998 through 2002’’ and inserting ‘‘$30,000,000 propriation of the House of Representa- lowing: for each of fiscal years 2005 through 2009’’. tives.’’. SEC. ll. WAIVER FOR NOT-FOR-HIRE FARM TRUCKS. SA 686. Mr. WARNER submitted an SA 689. Mrs. CLINTON (for herself If a State provides clear and convincing amendment intended to be proposed to and Mr. SCHUMER) submitted an evidence, based on objective safety data,

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that not-for-hire farm trucks used exclu- care beneficiaries and medicare providers; ‘‘(3) PUBLIC AVAILABILITY.—The head of sively for transporting agricultural products and each Federal agency submitting a report to markets within 150 miles of the farms (3) in order to provide for the independence under paragraph (1) shall make the report from which such products originated do not of administrative law judges from the Cen- publicly available by posting on an Internet pose a significant safety risk, the Secretary ters for Medicare & Medicaid Services and website.’’. of Transportation may waive, for purposes of its contractors, such judges are bound only such vehicles, any provision of— by applicable statutes, regulations, and rul- SA 696. Mr. SARBANES submitted an (1) part B of subtitle IV of title 49, United ings issued in accordance with subchapter II amendment intended to be proposed to States Code; of chapter 5, and chapter 7, of title 5, United amendment SA 605 proposed by Mr. (2) part B of subtitle VI of title 49, United States Code (commonly known as the ‘‘Ad- INHOFE to the bill H.R. 3, to authorize States Code; or ministrative Procedures Act’’) and are not funds for Federal-aid highways, high- (3) chapter III of title 49, Code of Federal required to give substantial deference to way safety programs, and transit pro- Regulations. local coverage determinations, local medical grams, and for other purposes; which review policies, or Centers for Medicare & SA 692. Mrs. CLINTON submitted an Medicaid Services program guidance. was ordered to lie on the table; as fol- amendment intended to be proposed to lows: amendment SA 605 proposed by Mr. SA 694. Mr. SALAZAR submitted an At the end of the amendment add the fol- lowing: INHOFE to the bill H.R. 3, to authorize amendment intended to be proposed to amendment SA 605 proposed by Mr. SEC. ll. TRANSIT PASS TRANSPORTATION funds for Federal-aid highways, high- FRINGE BENEFITS. INHOFE to the bill H.R. 3, to authorize way safety programs, and transit pro- (a) TRANSIT PASS TRANSPORTATION FRINGE grams, and for other purposes; which funds for Federal-aid highways, high- BENEFITS STUDY.— was ordered to lie on the table; as fol- way safety programs, and transit pro- (1) STUDY.—The Secretary of Transpor- lows: grams, and for other purposes; which tation shall conduct a study on tax-free Beginning on page 325, strike line 9 and all was ordered to lie on the table; as fol- transit benefits and ways to promote im- that follows through page 326, line 16 and in- lows: proved access to and increased usage of such sert the following: On page 353, strike lines 6 and 7 and insert benefits, at Federal agencies in the National (3) in subsection (d)— the following: Capital Region, including agencies not cur- On page 335, line 3, strike ‘‘(5)’’ and insert Secretary determines that the State has rently offering the benefit. ONTENT.—The study under this sub- ‘‘(4)’’. inadequate needs to justify the expenditure. (2) C section shall include— ‘‘(C) PILOT PROGRAM.—Not less than 20 per- SA 693. Mr. DODD submitted an cent of the amount apportioned to the States (A) an examination of how agencies offer- ing the benefit make its availability known amendment intended to be proposed to of Colorado, lllllllll, and to their employees and the methods agencies amendment SA 605 proposed by Mr. lllllllll, for each of fiscal years 2005 use to deliver the benefit to employees, in- INHOFE to the bill H.R. 3, to authorize through 2009 shall be expended for off-system bridge pilot projects.’’; cluding examples of best practices; and funds for Federal-aid highways, high- (B) an analysis of the impact of Federal way safety programs, and transit pro- SA 695. Mr. FEINGOLD submitted an employees’ use of transit on traffic conges- grams, and for other purposes; which amendment intended to be proposed to tion and pollution in the National Capital Region. was ordered to lie on the table; as fol- amendment SA 605 proposed by Mr. lows: (3) REPORT.—Not later than 180 days after INHOFE to the bill H.R. 3, to authorize the date of enactment of this Act, the Sec- At the appropriate place, insert the fol- funds for Federal-aid highways, high- retary shall submit a report to Congress on lowing: way safety programs, and transit pro- the results of the study under this sub- SEC. lll. ONE-YEAR DELAY IN THE TRANSFER section. OF RESPONSIBILITY FOR MEDICARE grams, and for other purposes; which (b) AUTHORITY TO USE GOVERNMENT VEHI- APPEALS. was ordered to lie on the table; as fol- CLES TO TRANSPORT FEDERAL EMPLOYEES BE- (a) DELAY IN THE TRANSFER.— lows: TWEEN THEIR PLACE OF EMPLOYMENT AND (1) IN GENERAL.—Section 931(b)(1) of the At the end of subtitle H of title I, insert MASS TRANSIT FACILITIES.— Medicare Prescription Drug, Improvement, the following: (1) IN GENERAL.—Section 1344 of title 31, and Modernization Act of 2003 (Public Law SEC. 1830. ANNUAL REPORT ON ACQUISITIONS OF United States Code, is amended— 108–173; 117 Stat. 2398) is amended by striking ARTICLES, MATERIALS, AND SUP- (A) by redesignating subsections (g) and (h) ‘‘Not earlier than July 1, 2005, and not later PLIES MANUFACTURED OUTSIDE as subsections (h) and (i), respectively; and than October 1, 2005’’ and inserting ‘‘Not ear- THE UNITED STATES. (B) by inserting after subsection (f) the fol- lier than July 1, 2006, and not later than Oc- Section 2 of the Buy American Act (41 lowing: tober 1, 2006’’. U.S.C. 10a) is amended— ‘‘(g)(1) A passenger carrier may be used to (2) EFFECTIVE DATE.—The amendment (1) by striking ‘‘Notwithstanding’’ and in- transport an officer or employee of a Federal made by this subsection shall take effect as serting the following: agency between the officer’s or employee’s if included in the enactment of section 931(b) ‘‘(a) IN GENERAL.—Notwithstanding’’; and place of employment and a mass transit fa- of the Medicare Prescription Drug, Improve- (2) by adding at the end the following: cility (whether or not publicly owned) in ac- ment, and Modernization Act of 2003 (Public ‘‘(c) REPORTS.— cordance with succeeding provisions of this Law 108–173; 117 Stat. 2398). ‘‘(1) IN GENERAL.—Not later than 180 days subsection. (b) SENSE OF THE SENATE.—It is the sense after the end of each fiscal year, the head of ‘‘(2) Notwithstanding section 1343, a Fed- of the Senate that the Commissioner of So- each Federal agency shall submit to Con- eral agency that provides transportation cial Security and the Secretary of Health gress a report on the acquisitions that were services under this subsection (including by and Human Services, in implementing the made of articles, materials, or supplies by passenger carrier) shall absorb the costs of transition plan for the transfer of responsi- the agency in that fiscal year from entities such services using any funds available to bility for medicare appeals pursuant to sec- that manufacture the articles, materials, or such agency, whether by appropriation or tion 931(b) of the Medicare Prescription supplies outside the United States. otherwise. Drug, Improvement, and Modernization Act ‘‘(2) CONTENT OF REPORT.—The report for a ‘‘(3) In carrying out this subsection, a Fed- of 2003 (Public Law 108–173; 117 Stat. 2398), fiscal year under paragraph (1) shall sepa- eral agency shall— should ensure that— rately indicate the following information: ‘‘(A) to the maximum extent practicable, (1) if a medicare beneficiary requests a ‘‘(A) The dollar value of any articles, mate- use alternative fuel vehicles to provide hearing before an administrative law judge, rials, or supplies that were manufactured transportation services; such hearing shall be in-person unless such outside the United States. ‘‘(B) to the extent consistent with the pur- individual requests that the hearing be con- ‘‘(B) An itemized list of all waivers granted poses of this subsection, provide transpor- ducted using tele- or video conference tech- with respect to such articles, materials, or tation services in a manner that does not re- nologies and the time frame for such a judge supplies under this Act. sult in additional gross income for Federal to decide an appeal is not different for hear- ‘‘(C) A summary of— income tax purposes; and ings conducted in-person and hearings using ‘‘(i) the total procurement funds expended ‘‘(C) coordinate with other Federal agen- tele- or video conference technologies; on articles, materials, and supplies manufac- cies to share, and otherwise avoid duplica- (2) in providing for the geographic distribu- tured inside the United States; and tion of, transportation services provided tion of administrative law judges, there are ‘‘(ii) the total procurement funds expended under this subsection. a sufficient number of hearing sites to en- on articles, materials, and supplies manufac- ‘‘(4) For purposes of any determination sure adequate access to such judges by medi- tured outside the United States. under chapter 81 of title 5, an individual

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00191 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9336 CONGRESSIONAL RECORD—SENATE May 11, 2005 shall not be considered to be in the ‘perform- out any program that conducts, or provides sion of law, no Federal funds may be ex- ance of duty’ by virtue of the fact that such assistance for, applied research for fossil pended to carry out the Advanced Tech- individual is receiving transportation serv- fuels. nology Program after the date of enactment ices under this subsection. SEC. ll. NEOTROPICAL MIGRATORY BIRD CON- of this Act. ‘‘(5)(A) The Administrator of General Serv- SERVATION ACT. ices, after consultation with the National The Neotropical Migratory Bird Conserva- SA 702. Mr. COBURN submitted an Capital Planning Commission and other ap- tion Act (16 U.S.C. 6101 et seq.) is repealed. amendment intended to be proposed to propriate agencies, shall prescribe any regu- SEC. ll. UNITED STATES TRAVEL AND TOURISM amendment SA 605 proposed by Mr. lations necessary to carry out this sub- PROGRAM. INHOFE to the bill H.R. 3, to authorize section. Section 210 of the Consolidated Appropria- funds for Federal-aid highways, high- ‘‘(B) Transportation services under this tions Resolution, 2003 (Public Law 108–7; 117 subsection shall be subject neither to the way safety programs, and transit pro- Stat. 78) is repealed and no funds may be ex- grams, and for other purposes; which last sentence of subsection (d)(3) nor to any pended for the United States Travel and regulations under the last sentence of sub- Tourism Promotion Program on or after the was ordered to lie on the table; as fol- section (e)(1). date of enactment of this Act. lows: ‘‘(6) In this subsection, the term ‘passenger SEC. ll. INTER-AMERICAN FOUNDATION. On page 297, between lines 9 and 10, insert carrier’ means a passenger motor vehicle, the following: aircraft, boat, ship, or other similar means (a) REPEAL.—Section 401 of the Foreign As- ll of transportation that is owned or leased by sistance Act of 1969 (22 U.S.C. 290f) is re- SEC. 16 . UNITED STATES TRAVEL AND TOUR- ISM PROGRAM. the United States Government or the gov- pealed. Section 210 of the Consolidated Appropria- ernment of the District of Columbia.’’. (b) PROHIBITION ON EXPENDITURE OF tions Resolution, 2003 (Public Law 108–7; 117 (2) FUNDS FOR MAINTENANCE, REPAIR, ETC.— FUNDS.—No funds may be expended for the Stat. 78) is repealed and no funds may be ex- Subsection (a) of section 1344 of title 31, Inter-American Foundation on or after the pended for the United States Travel and United States Code, is amended by adding at date enactment of this Act. Tourism Promotion Program on or after the the end the following: date of enactment of this Act. ‘‘(3) For purposes of paragraph (1), the SA 699. Mr. COBURN submitted an amendment intended to be proposed to transportation of an individual between such Mr. COBURN submitted an individual’s place of employment and a mass amendment SA 605 proposed by Mr. SA 703. amendment intended to be proposed to transit facility pursuant to subsection (g) is INHOFE to the bill H.R. 3, to authorize transportation for an official purpose.’’. funds for Federal-aid highways, high- amendment SA 605 proposed by Mr. (3) COORDINATION.—The authority to pro- way safety programs, and transit pro- INHOFE to the bill H.R. 3, to authorize vide transportation services under section grams, and for other purposes; which funds for Federal-aid highways, high- 1344(g) of title 31, United States Code (as way safety programs, and transit pro- amended by paragraph (1)) shall be in addi- was ordered to lie on the table; as fol- lows: grams, and for other purposes; which tion to any authority otherwise available to was ordered to lie on the table; as fol- the agency involved. On page 297, between lines 9 and 10, insert lows: the following: On page 297, between lines 9 and 10, insert SA 697. Mr. MARTINEZ submitted an SEC. 16ll. INTER-AMERICAN FOUNDATION. the following: amendment intended to be proposed to (a) REPEAL.—Section 401 of the Foreign As- amendment SA 605 proposed by Mr. sistance Act of 1969 (22 U.S.C. 290f) is re- SEC. 16ll. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT. INHOFE to the bill H.R. 3, to authorize pealed. The Neotropical Migratory Bird Conserva- (b) PROHIBITION ON EXPENDITURE OF funds for Federal-aid highways, high- tion Act (16 U.S.C. 6101 et seq.) is repealed. way safety programs, and transit pro- FUNDS.—No funds may be expended for the grams, and for other purposes; which Inter-American Foundation on or after the date enactment of this Act. SA 704. Mr. VOINOVICH submitted was ordered to lie on the table; as fol- an amendment intended to be proposed lows: SA 700. Mr. COBURN submitted an to amendment SA 605 proposed by Mr. On page 846, after line 6, insert the fol- amendment intended to be proposed to INHOFE to the bill H.R. 3, to authorize lowing: amendment SA 605 proposed by Mr. funds for Federal-aid highways, high- (m) MIAMI METRORAIL.—The Secretary INHOFE to the bill H.R. 3, to authorize way safety programs, and transit pro- may credit funds provided by the Florida De- grams, and for other purposes; which partment of Transportation for the exten- funds for Federal-aid highways, high- sion of the Miami Metrorail System from way safety programs, and transit pro- was ordered to lie on the table; as fol- Earlington Heights to the Miami Intermodal grams, and for other purposes; which lows: Center to satisfy the matching requirements was ordered to lie on the table; as fol- On page 566, strike lines 2 through 9 and in- of section 5309(h)(4) of title 49, United Stated lows: sert the following: Code, for the Miami North Corridor and ‘‘(C) blast furnace slag aggregate; On page 297, between lines 9 and 10, insert Miami East-West Corridor projects. ‘‘(D) silica fume; the following: ‘‘(E) foundry sand; and SA 698. Mr. COBURN submitted an SEC. ll. APPLIED RESEARCH FOR FOSSIL ‘‘(F) any other waste material or byprod- amendment intended to be proposed to FUELS. uct recovered or diverted from solid waste amendment SA 605 proposed by Mr. Notwithstanding any other provision of that the Administrator, in consultation with law, the Secretary of Energy shall not carry an agency head, determines should be treat- INHOFE to the bill H.R. 3, to authorize out any program that conducts, or provides funds for Federal-aid highways, high- ed as recovered mineral component under assistance for, applied research for fossil this section for use in cement or concrete way safety programs, and transit pro- fuels. projects paid for, in whole or in part, by the grams, and for other purposes; which agency head. was ordered to lie on the table; as fol- SA 701. Mr. COBURN submitted an lows: amendment intended to be proposed to SA 705. Ms. SNOWE (herself and Ms. On page 297, between lines 9 and 10, insert amendment SA 605 proposed by Mr. COLLINS) submitted an amendment in- the following: INHOFE to the bill H.R. 3, to authorize tended to be proposed to amendment SEC. ll. ADVANCED TECHNOLOGY PROGRAM. funds for Federal-aid highways, high- SA 605 proposed by Mr. INHOFE to the (a) REPEAL.—Section 28 of the Act of way safety programs, and transit pro- bill H.R. 3, to authorize funds for Fed- March 3, 1901 (15 U.S.C. 278n) is repealed. grams, and for other purposes; which eral-aid highways, highway safety pro- (b) LIMITATION ON USE OF FEDERAL was ordered to lie on the table; as fol- grams, and transit programs, and for FUNDS.—Notwithstanding any other provi- lows: sion of law, no Federal funds may be ex- other purposes; which was ordered to pended to carry out the Advanced Tech- At the appropriate place, insert the fol- lie on the table; as follows: nology Program after the date of enactment lowing: On page 38, after line 24, add the following: of this Act. SEC. ll. ADVANCED TECHNOLOGY PROGRAM. (b) AVAILABILITY OF FUNDS.—Notwith- SEC. ll. APPLIED RESEARCH FOR FOSSIL (a) REPEAL.—Section 28 of the Act of standing any other provision of law, FUELS. March 3, 1901 (15 U.S.C. 278n) is repealed. amounts authorized to be appropriated under Notwithstanding any other provision of (b) LIMITATION ON USE OF FEDERAL section 1101(5) that are made available to the law, the Secretary of Energy shall not carry FUNDS.—Notwithstanding any other provi- State of Maine may be used to support,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00192 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9337 through September 30, 2009, the operation of ‘‘(F) liquid hydrocarbons derived from bio- payer in producing any alternative fuel mix- passenger rail service between Boston, Mas- mass (as defined in section 29(c)(3)).’’. ture for sale or use in a trade or business of sachusetts, and Portland, Maine. (3) CONFORMING AMENDMENTS.— the taxpayer. (A) Section 4041(a), as amended by section ‘‘(2) ALTERNATIVE FUEL MIXTURE.—For pur- SA 706. Ms. SNOWE submitted an 5101 of this Act, is amended by striking para- poses of this section, the term ‘alternative amendment intended to be proposed to graphs (2) and (3) and inserting the following: fuel mixture’ means a mixture of alternative amendment SA 605 proposed by Mr. ‘‘(2) SPECIAL MOTOR FUELS.— fuel and taxable fuel (as defined in subpara- INHOFE to the bill H.R. 3, to authorize ‘‘(A) IN GENERAL.—There is hereby imposed graph (A), (B), or (C) of section 4083(a)(1)) funds for Federal-aid highways, high- a tax on any alternative fuel (other than gas which— way safety programs, and transit pro- oil or fuel oil)— ‘‘(A) is sold by the taxpayer producing such ‘‘(i) sold by any person to an owner, lessee, mixture to any person for use as fuel in a grams, and for other purposes; which or other operator of a motor vehicle or mo- highway vehicle, or was ordered to lie on the table; as fol- torboat for use as a fuel in such motor vehi- ‘‘(B) is used as a fuel in a highway vehicle lows: cle or motorboat, or by the taxpayer producing such mixture. On page 410, between lines 7 and 8, insert ‘‘(ii) used by any person as a fuel in a ‘‘(3) TERMINATION.—This subsection shall the following: motor vehicle or motorboat unless there was not apply to any sale, use, or removal for SEC. 18ll. VEHICLE WEIGHT LIMITATIONS IN a taxable sale of such fuel under clause (i). any period after December 31, 2010.’’. MAINE. ‘‘(B) EXEMPTION FOR PREVIOUSLY TAXED (3) CONFORMING AMENDMENTS.— Section 127(a) of title 23, United States FUEL.—No tax shall be imposed by this para- (A) The section heading for section 6426 is Code, is amended in the last sentence by graph on the sale or use of any alternative amended by striking ‘‘alcohol fuel and bio- striking ‘‘respect to that portion’’ and all fuel if tax was imposed on such alternative diesel’’ and inserting ‘‘certain alternative that follows through ‘‘New Hampshire State fuel under section 4081 and the tax thereon fuel’’. line,’’ and inserting ‘‘respect to Interstate was not credited or refunded. (B) The table of sections for subchapter B Routes 95, 195, 295, and 395 in the State of ‘‘(C) RATE OF TAX.—The rate of the tax im- of chapter 65 is amended by striking ‘‘alcohol Maine,’’. posed by this paragraph shall be the rate of fuel and biodiesel’’ in the item relating to tax specified in clause (iv), (v), or (vi) of sec- section 6426 and inserting ‘‘certain alter- SA 707. Mr. GRASSLEY submitted an tion 4081(a)(2)(A) on the alternative fuel native fuel’’. amendment intended to be proposed to which is in effect at the time of such sale or (C) Section 6427(a) is amended by striking amendment SA 605 proposed by Mr. use. ‘‘paragraph (2) or (3) of section 4041(a) or sec- INHOFE to the bill H.R. 3, to authorize ‘‘(D) BUS USES.—No tax shall be imposed by tion 4041(c)’’ and inserting ‘‘section 4041(a)(2) funds for Federal-aid highways, high- this paragraph on any sale for use, or use, de- or 4041(c)’’. way safety programs, and transit pro- scribed in subparagraph (B) or (C) of section (D) Section 6427(e) is amended— 6427(b)(2) (relating to school bus and intra- (i) by inserting ‘‘or the alternative fuel grams, and for other purposes; which city transportation).’’. mixture credit’’ after ‘‘biodiesel mixture was ordered to lie on the table; as fol- (B) Section 4041(b)(2) is amended by strik- credit’’ in paragraph (1), lows: ing ‘‘2007’’ both places it appears and insert- (ii) by inserting ‘‘or alternative fuel’’ after On page 582, after line 25, add the fol- ing ‘‘2005’’. ‘‘section 40A(d)(2))’’ in paragraph (2), lowing: (C) Section 4041, as amended by section (iii) by striking ‘‘and’’ at the end of para- SEC. 5204. VOLUMETRIC EXCISE TAX CREDIT FOR 5101 of this Act, is amended by striking sub- graph (3)(A), ALTERNATIVE FUELS. section (m). (iv) by striking the period at the end of (a) IMPOSITION OF TAX.— (b) CREDIT FOR ALTERNATIVE FUEL AND AL- paragraph (3)(B), (1) IN GENERAL.—Section 4081(a)(2)(A) (re- TERNATIVE FUEL MIXTURES.— (v) by adding at the end of paragraph (3) lating to rates of tax), as amended by section (1) IN GENERAL.—Section 6426(a) (relating the following new subparagraph: 5611 of this Act, is amended— to allowance of credits) is amended by strik- ‘‘(C) any alternative fuel or alternative (A) by striking ‘‘and’’ at the end of clause ing ‘‘plus’’ at the end of paragraph (1), by fuel mixture (as defined in section 6426 (d)(2) (ii), striking the period at the end of paragraph or (e)(3)) sold or used after December 31, (B) by striking the period at the end of (2) and by adding at the end the following 2010.’’, and clause (iii), and new paragraphs: (vi) by striking ‘‘OR BIODIESEL USED TO (C) by adding at the end the following new ‘‘(3) the alternative fuel credit, plus PRODUCE ALCOHOL FUEL AND BIODIESEL MIX- clauses: ‘‘(4) the alternative fuel mixture credit.’’. TURES’’ in the heading and inserting ‘‘, BIO- ‘‘(iv) in the case of liquefied petroleum gas (2) ALTERNATIVE FUEL AND ALTERNATIVE DIESEL, OR ALTERNATIVE FUEL’’. and P Series Fuels, 18.3 cents per gallon, FUEL MIXTURE CREDIT.—Section 6426 (relating (c) EFFECTIVE DATE.—The amendments ‘‘(v) in the case of compressed natural gas to credit for alcohol fuel and biodiesel mix- made by this section shall apply to any sale, and hydrogen, 18.3 cents per energy equiva- tures) is amended by redesignating sub- use, or removal for any period after Decem- lent of a gallon of gasoline, and sections (d) and (e) as subsections (f) and (g) ber 31, 2005. ‘‘(vi) in the case of liquefied natural gas, and by inserting after subsection (c) the fol- any liquid fuel derived from coal (including lowing new subsection: SA 708. Mr. SANTORUM submitted peat), and liquid hydrocarbons derived from ‘‘(d) ALTERNATIVE FUEL CREDIT.— an amendment intended to be proposed biomass (as defined in section 29(c)(3)), 24.3 ‘‘(1) IN GENERAL.—For purposes of this sec- to amendment SA 605 proposed by Mr. cents per gallon.’’. tion, the alternative fuel credit is the prod- INHOFE to the bill H.R. 3, to authorize (2) TREATMENT OF ALTERNATIVE FUEL AS uct of 50 cents and the number of gallons of funds for Federal-aid highways, high- TAXABLE FUEL.— an alternative fuel or gasoline gallon equiva- way safety programs, and transit pro- (A) IN GENERAL.—Section 4083(a)(1) (defin- lents of a nonliquid alternative fuel sold by ing taxable fuel) is amended— the taxpayer for use as a motor fuel in a grams, and for other purposes; which (i) by striking ‘‘and’’ at the end of subpara- highway vehicle. was ordered to lie on the table; as fol- graph (B), ‘‘(2) ALTERNATIVE FUEL.—For purposes of lows: (ii) by striking the period at the end of this section, the term ‘alternative fuel’ has On page 40, strike lines 16 through 20 and subparagraph (C) and inserting ‘‘, and’’, and the meaning given such term by section insert the following: (iii) by adding at the end the following new 4083(a)(4), except such term does not include authority has not lapsed or been used; subparagraph: ethanol or methanol. (10) section 105 of title 23, United States ‘‘(D) alternative fuel.’’. ‘‘(3) GASOLINE GALLON EQUIVALENT.—For Code (but, for each of fiscal years 2005 (B) DEFINITION.—Section 4083(a) is amended purposes of this subsection, the term ‘gaso- through 2009, only in an amount equal to by adding at the end the following new para- line gallon equivalent’ means, with respect $639,000,000 per fiscal year); and graph: to any nonliquid alternative fuel, the (11) section 1106 of this Act, to the extent ‘‘(4) ALTERNATIVE FUEL.—The term ‘alter- amount of such fuel having a Btu content of that funds obligated in accordance with that native fuel’ means— 124,800 (higher heating value). section were not subject to a limitation on ‘‘(A) compressed or liquefied natural gas, ‘‘(4) TERMINATION.—This subsection shall obligations at the time at which the funds ‘‘(B) liquefied petroleum gas, not apply to any sale, use, or removal for were initially made available for obligation. ‘‘(C) P Series Fuels (as defined by the Sec- any period after December 31, 2010. On page 60, between lines 14 and 15, insert retary of Energy under section 13211(2) of ‘‘(e) ALTERNATIVE FUEL MIXTURE CREDIT.— the following: title 42, United States Code, ‘‘(1) IN GENERAL.—For purposes of this sec- SEC. 1106. USE OF EXCESS FUNDS AND FUNDS ‘‘(D) hydrogen, tion, the alternative fuel mixture credit is FOR INACTIVE PROJECTS. ‘‘(E) any liquid fuel derived from coal (in- the product of 50 cents and the number of (a) DEFINITIONS.—In this section: cluding peat), and gallons of alternative fuel used by the tax- (1) ELIGIBLE FUNDS.—

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(A) IN GENERAL.—The term ‘‘eligible funds’’ igible funds obligated, or deobligated and re- Subtitle G—United States Tax Court means excess funds or inactive funds for a obligated, under subsection (d), the eligible Modernization specific transportation project or activity funds— SEC. 5700. SHORT TITLE. that were— (A) shall remain available for obligation This title may be cited as the ‘‘United (i) allocated before fiscal year 1998; and for a period of 3 fiscal years after the fiscal States Tax Court Modernization Act’’. (ii) designated in a public law, or a report year in which this Act is enacted; and PART I—TAX COURT PROCEDURE accompanying a public law, for allocation (B) except as provided in paragraph (2), for the specific surface transportation shall be subject to the requirements of title SEC. 5701. JURISDICTION OF TAX COURT OVER project or activity. 23, United States Code, that apply to section COLLECTION DUE PROCESS CASES. (a) IN GENERAL.—Paragraph (1) of section (B) INCLUSION.—The term ‘‘eligible funds’’ 133 of that title, including provisions relat- 6330(d) (relating to proceeding after hearing) includes funds described in subparagraph (A) ing to cost-sharing. is amended to read as follows: that were allocated and designated for a (2) EXCEPTION.—With respect to eligible UDICIAL REVIEW OF DETERMINATION.— demonstration project. funds described in paragraph (1)— ‘‘(1) J (2) EXCESS FUNDS.—The term ‘‘excess (A) section 133(d) of title 23, United States The person may, within 30 days of a deter- funds’’ means— Code, shall not apply; and mination under this section, appeal such de- (A) funds obligated for a specific transpor- (B) the period of availability of the eligible termination to the Tax Court (and the Tax tation project or activity that remain avail- funds shall be determined in accordance with Court shall have jurisdiction with respect to able for the project or activity after the this section. such matter).’’. project or activity has been completed or (b) EFFECTIVE DATE.—The amendment (g) SENSE OF CONGRESS REGARDING USE OF canceled; or made by this section shall apply to deter- ELIGIBLE FUNDS.—It is the sense of Congress minations made after the date which is 60 (B) an unobligated balance of funds allo- that eligible funds made available under this cated for a transportation project or activity days after the date of the enactment of this Act or title 23, United States Code, should be Act. that the State in which the project or activ- available for obligation for transportation SEC. 5702. AUTHORITY FOR SPECIAL TRIAL ity was to be carried out certifies are no projects and activities in the same geo- longer needed for the project or activity. JUDGES TO HEAR AND DECIDE CER- graphic region for which the eligible funds (3) INACTIVE FUNDS.—The term ‘‘inactive TAIN EMPLOYMENT STATUS CASES. were initially made available. funds’’ means— (a) IN GENERAL.—Section 7443A(b) (relating (A) an obligated balance of Federal funds to proceedings which may be assigned to spe- for a transportation project or activity SA 709. Ms. COLLINS (for herself and cial trial judges) is amended by striking against which no expenditures have been Ms. SNOWE) submitted an amendment ‘‘and’’ at the end of paragraph (4), by redesig- charged during any 1-year period beginning intended to be proposed to amendment nating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following after the date of obligation of the funds; and SA 605 proposed by Mr. INHOFE to the (B) funds that are available to carry out a new paragraph: bill H.R. 3, to authorize funds for Fed- ‘‘(5) any proceeding under section 7436(c), transportation project or activity in a State, eral-aid highways, highway safety pro- but, as certified by the State, are unlikely to and’’. be advanced for the project or activity dur- grams, and transit programs, and for (b) CONFORMING AMENDMENT.—Section ing the 1-year period beginning on the date other purposes; which was ordered to 7443A(c) is amended by striking ‘‘or (4)’’ and of certification. lie on the table; as follows: inserting ‘‘(4), or (5)’’. (b) AVAILABILITY FOR STP PURPOSES.—Eli- (c) EFFECTIVE DATE.—The amendments At the end of subtitle H of title I, add the made by this section shall apply to any pro- gible funds shall be— following: (1) made available in accordance with this ceeding under section 7436(c) of the Internal section to the State that originally received SEC. ll. DESIGNATION OF HIGH PRIORITY COR- Revenue Code of 1986 with respect to which a the funds; and RIDOR IN NEW YORK, VERMONT, decision has not become final (as determined NEW HAMPSHIRE, AND MAINE. (2) available for obligation for any eligible under section 7481 of such Code) before the purpose under section 133 of title 23, United Section 1105(c) of the Intermodal Surface date of the enactment of this Act. States Code. Transportation Efficiency Act of 1991 (105 SEC. 5703. CONFIRMATION OF AUTHORITY OF (c) RETENTION FOR ORIGINAL PURPOSE.— Stat. 2031; 112 Stat. 191; 115 Stat. 871) is TAX COURT TO APPLY DOCTRINE OF (1) IN GENERAL.—The Secretary may deter- amended by adding at the end the following: EQUITABLE RECOUPMENT. mine that funds identified as inactive funds ‘‘(46) The East-West Corridor, from Water- (a) CONFIRMATION OF AUTHORITY OF TAX shall remain available for the purpose for town, New York, continuing northeast COURT TO APPLY DOCTRINE OF EQUITABLE which the funds were initially made avail- through the States of New York, Vermont, RECOUPMENT.—Section 6214(b) (relating to ju- able if the applicable State certifies that the New Hampshire, and Maine, and terminating risdiction over other years and quarters) is funds are necessary for that initial purpose. in Calais, Maine.’’. amended by adding at the end the following (2) REPORT.—A certification provided by a new sentence: ‘‘Notwithstanding the pre- State under paragraph (1) shall include a re- SA 710. Ms. SNOWE submitted an ceding sentence, the Tax Court may apply port on the status of, and an estimated com- amendment intended to be proposed to the doctrine of equitable recoupment to the same extent that it is available in civil tax pletion date for, the project that is the sub- amendment SA 605 proposed by Mr. ject of the certification. cases before the district courts of the United INHOFE to the bill H.R. 3, to authorize (d) AUTHORITY TO OBLIGATE.—Notwith- States and the United States Court of Fed- standing the original source or period of funds for Federal-aid highways, high- eral Claims.’’. availability of eligible funds, the Secretary way safety programs, and transit pro- (b) EFFECTIVE DATE.—The amendment may, on the request by a State— grams, and for other purposes; which made by this section shall apply to any ac- (1) obligate the funds for any eligible pur- was ordered to lie on the table; as fol- tion or proceeding in the United States Tax pose under section 133 of title 23, United lows: Court with respect to which a decision has States Code; or not become final (as determined under sec- (2)(A) deobligate the funds; and At the end of subtitle D of title I, add the tion 7481 of the Internal Revenue Code of (B) reobligate the funds for any eligible following: 1986) as of the date of the enactment of this purpose under that section. SEC. 14ll. VEHICLE WEIGHT LIMITATIONS ON Act. (e) APPLICABILITY.— THE MAINE TURNPIKE. SEC. 5704. TAX COURT FILING FEE IN ALL CASES (1) IN GENERAL.—Subject to paragraph (2), The last sentence of section 127(a) of title COMMENCED BY FILING PETITION. this section applies to all eligible funds. 23, United States, is amended by striking (a) IN GENERAL.—Section 7451 (relating to (2) DISCRETIONARY ALLOCATIONS; SECTION 125 ‘‘and 495’’. fee for filing a Tax Court petition) is amend- PROJECTS.—This section does not apply to ed by striking all that follows ‘‘petition’’ and inserting a period. funds that are— SA 711. Mr. HATCH submitted an (A) allocated at the discretion of the Sec- (b) EFFECTIVE DATE.—The amendment retary and for which the Secretary has the amendment intended to be proposed to made by this section shall take effect on the authority to withdraw the allocation for use amendment SA 605 proposed by Mr. date of the enactment of this Act. on other projects; or INHOFE to the bill H.R. 3, to authorize SEC. 5705. AMENDMENTS TO APPOINT EMPLOY- (B) made available to carry out projects funds for Federal-aid highways, high- EES. under section 125 of title 23, United States way safety programs, and transit pro- (a) IN GENERAL.—Subsection (a) of section Code. grams, and for other purposes; which 7471 (relating to Tax Court employees) is (f) PERIOD OF AVAILABILITY; TITLE 23 RE- was ordered to lie on the table; as fol- amended to read as follows: QUIREMENTS.— ‘‘(a) APPOINTMENT AND COMPENSATION.— (1) IN GENERAL.—Notwithstanding the lows: ‘‘(1) CLERK.—The Tax Court may appoint a original source or period of availability of el- At the end of title V, add the following: clerk without regard to the provisions of

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00194 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9339 title 5, United States Code, governing ap- 1614 of title 29 of the Code of Federal Regula- ‘‘(i) 20 percent of the average annual salary pointments in the competitive service. The tions, of such judge (determined in accordance with clerk shall serve at the pleasure of the Tax shall be entitled to file such appeal or make subsection (m)), or Court. such an allegation so long as the individual ‘‘(ii) 40 percent of such average annual sal- ‘‘(2) LAW CLERKS AND SECRETARIES.— remains an employee of the Tax Court. ary, divided by the number of such children. ‘‘(A) IN GENERAL.—The judges and special ‘‘(9) COMPETITIVE STATUS.—Notwith- ‘‘(2) COVERED JUDGES.—Paragraph (1) ap- trial judges of the Tax Court may appoint standing any other provision of law, any em- plies to any judge electing under subsection law clerks and secretaries, in such numbers ployee of the Tax Court who has completed (b)— as the Tax Court may approve, without re- at least 1 year of continuous service under a ‘‘(A) who dies while a judge after having gard to the provisions of title 5, United non-temporary appointment with the Tax rendered at least 5 years of civilian service States Code, governing appointments in the Court acquires a competitive status for ap- computed as prescribed in subsection (n), for competitive service. Any such law clerk or pointment to any position in the competitive the last 5 years of which the salary deduc- secretary shall serve at the pleasure of the service for which the employee possesses the tions provided for by subsection (c)(1) or the appointing judge. required qualifications. deposits required by subsection (d) have ac- ‘‘(B) EXEMPTION FROM FEDERAL LEAVE PRO- ‘‘(10) MERIT SYSTEM PRINCIPLES; PROHIBITED tually been made or the salary deductions VISIONS.—A law clerk appointed under this PERSONNEL PRACTICES; AND PREFERENCE ELI- required by the civil service retirement laws subsection shall be exempt from the provi- GIBLES.—Any personnel management system have actually been made, or sions of subchapter I of chapter 63 of title 5, of the Tax Court shall— ‘‘(B) who dies by assassination after having United States Code. Any unused sick leave ‘‘(A) include the principles set forth in sec- rendered less than 5 years of civilian service or annual leave standing to the employee’s tion 2301(b) of title 5, United States Code; computed as prescribed in subsection (n) if, credit as of the effective date of this sub- ‘‘(B) prohibit personnel practices prohib- for the period of such service, the salary de- section shall remain credited to the em- ited under section 2302(b) of title 5, United ductions provided for by subsection (c)(1) or ployee and shall be available to the em- States Code; and the deposits required by subsection (d) have ployee upon separation from the Federal ‘‘(C) in the case of any individual who actually been made. Government. would be a preference eligible in the execu- ‘‘(3) TERMINATION OF ANNUITY.— ‘‘(3) OTHER EMPLOYEES.—The Tax Court tive branch, the Tax Court will provide pref- ‘‘(A) IN THE CASE OF A SURVIVING SPOUSE.— may appoint necessary employees without erence for that individual in a manner and to The annuity payable to a surviving spouse regard to the provisions of title 5, United an extent consistent with preference ac- under this subsection shall be terminable States Code, governing appointments in the corded to preference eligibles in the execu- upon such surviving spouse’s death or such competitive service. Such employees shall be tive branch.’’. surviving spouse’s remarriage before attain- subject to removal by the Tax Court. (b) EFFECTIVE DATE.—The amendments ing age 55. ‘‘(4) PAY.—The Tax Court may fix and ad- made by this section shall take effect on the ‘‘(B) IN THE CASE OF A CHILD.—The annuity just the compensation for the clerk and date the United States Tax Court adopts a payable to a child under this subsection shall other employees of the Tax Court without personnel management system after the date be terminable upon (i) the child attaining regard to the provisions of chapter 51, sub- of the enactment of this Act. the age of 18 years, (ii) the child’s marriage, chapter III of chapter 53, or section 5373 of SEC. 5706. EXPANDED USE OF TAX COURT PRAC- or (iii) the child’s death, whichever first oc- title 5, United States Code. To the maximum TICE FEE FOR PRO SE TAXPAYERS. curs, except that if such child is incapable of extent feasible, the Tax Court shall com- (a) IN GENERAL.—Section 7475(b) (relating self-support by reason of mental or physical pensate employees at rates consistent with to use of fees) is amended by inserting before disability the child’s annuity shall be ter- those for employees holding comparable po- the period at the end ‘‘and to provide serv- minable only upon death, marriage, or recov- sitions in the judicial branch. ices to pro se taxpayers’’. ery from such disability. ‘‘(5) PROGRAMS.—The Tax Court may estab- (b) EFFECTIVE DATE.—The amendment ‘‘(C) IN THE CASE OF A DEPENDENT CHILD lish programs for employee evaluations, in- made by this section shall take effect on the AFTER DEATH OF SURVIVING SPOUSE.—In case centive awards, flexible work schedules, pre- date of the enactment of this Act. of the death of a surviving spouse of a judge mium pay, and resolution of employee griev- leaving a dependent child or children of the ances. PART II—TAX COURT PENSION AND judge surviving such spouse, the annuity of ‘‘(6) DISCRIMINATION PROHIBITED.—The Tax COMPENSATION Court shall— SEC. 5711. ANNUITIES FOR SURVIVORS OF TAX such child or children shall be recomputed ‘‘(A) prohibit discrimination on the basis COURT JUDGES WHO ARE ASSAS- and paid as provided in paragraph (1)(C). of race, color, religion, age, sex, national ori- SINATED. ‘‘(D) RECOMPUTATION.—In any case in gin, political affiliation, marital status, or (a) ELIGIBILITY IN CASE OF DEATH BY ASSAS- which the annuity of a dependent child is handicapping condition; and SINATION.—Subsection (h) of section 7448 (re- terminated under this subsection, the annu- ‘‘(B) promulgate procedures for resolving lating to annuities to surviving spouses and ities of any remaining dependent child or complaints of discrimination by employees dependent children of judges) is amended to children, based upon the service of the same and applicants for employment. read as follows: judge, shall be recomputed and paid as ‘‘(7) EXPERTS AND CONSULTANTS.—The Tax ‘‘(h) ENTITLEMENT TO ANNUITY.— though the child whose annuity was so ter- Court may procure the services of experts ‘‘(1) IN GENERAL.— minated had not survived such judge. and consultants under section 3109 of title 5, ‘‘(A) ANNUITY TO SURVIVING SPOUSE.—If a ‘‘(4) SPECIAL RULE FOR ASSASSINATED United States Code. judge described in paragraph (2) is survived JUDGES.—In the case of a survivor or sur- ‘‘(8) RIGHTS TO CERTAIN APPEALS RE- by a surviving spouse but not by a dependent vivors of a judge described in paragraph SERVED.—Notwithstanding any other provi- child, there shall be paid to such surviving (2)(B), there shall be deducted from the annu- sion of law, an individual who is an employee spouse an annuity beginning with the day of ities otherwise payable under this section an of the Tax Court on the day before the effec- the death of the judge or following the sur- amount equal to— tive date of this subsection and who, as of viving spouse’s attainment of the age of 50 ‘‘(A) the amount of salary deductions pro- that day, was entitled to— years, whichever is the later, in an amount vided for by subsection (c)(1) that would have ‘‘(A) appeal a reduction in grade or re- computed as provided in subsection (m). been made if such deductions had been made moval to the Merit Systems Protection ‘‘(B) ANNUITY TO CHILD.—If such a judge is for 5 years of civilian service computed as Board under chapter 43 of title 5, United survived by a surviving spouse and a depend- prescribed in subsection (n) before the States Code, ent child or children, there shall be paid to judge’s death, reduced by ‘‘(B) appeal an adverse action to the Merit such surviving spouse an immediate annuity ‘‘(B) the amount of such salary deductions Systems Protection Board under chapter 75 in an amount computed as provided in sub- that were actually made before the date of of title 5, United States Code, section (m), and there shall also be paid to or the judge’s death.’’. ‘‘(C) appeal a prohibited personnel practice on behalf of each such child an immediate (b) DEFINITION OF ASSASSINATION.—Section described under section 2302(b) of title 5, annuity equal to the lesser of— 7448(a) (relating to definitions) is amended United States Code, to the Merit Systems ‘‘(i) 10 percent of the average annual salary by adding at the end the following new para- Protection Board under chapter 77 of that of such judge (determined in accordance with graph: title, subsection (m)), or ‘‘(8) The terms ‘assassinated’ and ‘assas- ‘‘(D) make an allegation of a prohibited ‘‘(ii) 20 percent of such average annual sal- sination’ mean the killing of a judge that is personnel practice described under section ary, divided by the number of such children. motivated by the performance by that judge 2302(b) of title 5, United States Code, with ‘‘(C) ANNUITY TO SURVIVING DEPENDENT of his or her official duties.’’. the Office of Special Counsel under chapter CHILDREN.—If such a judge leaves no sur- (c) DETERMINATION OF ASSASSINATION.— 12 of that title for action in accordance with viving spouse but leaves a surviving depend- Subsection (i) of section 7448 is amended— that chapter, or ent child or children, there shall be paid to (1) by striking the subsection heading and ‘‘(E) file an appeal with the Equal Employ- or on behalf of each such child an immediate inserting the following: ment Opportunity Commission under part annuity equal to the lesser of— ‘‘(i) DETERMINATIONS BY CHIEF JUDGE.—

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‘‘(1) DEPENDENCY AND DISABILITY.—’’, SEC. 5714. COST OF LIFE INSURANCE COVERAGE plies with respect to a judge who makes an (2) by moving the text 2 ems to the right, FOR TAX COURT JUDGES AGE 65 OR election under paragraph (1) and who ei- and OVER. ther— (3) by adding at the end the following new Section 7472 (relating to expenditures) is ‘‘(i) retires under subsection (b), or paragraph: amended by inserting after the first sentence ‘‘(ii) ceases to serve as a judge of the Tax ‘‘(2) ASSASSINATION.—The chief judge shall the following new sentence: ‘‘Notwith- Court but does not retire under subsection determine whether the killing of a judge was standing any other provision of law, the Tax (b). an assassination, subject to review only by Court is authorized to pay on behalf of its Retirement under subsection (b) is a separa- the Tax Court. The head of any Federal judges, age 65 or over, any increase in the tion from service for purposes of subchapters agency that investigates the killing of a cost of Federal Employees’ Group Life Insur- III and VII of chapter 84 of that title. judge shall provide information to the chief ance imposed after April 24, 1999, including ‘‘(D) APPLICABILITY OF SECTION 8351(b)(5) OF judge that would assist the chief judge in any expenses generated by such payments, as TITLE 5.—The provisions of section 8351(b)(5) making such a determination.’’. authorized by the chief judge in a manner of title 5, United States Code, shall apply (d) COMPUTATION OF ANNUITIES.—Sub- consistent with such payments authorized by with respect to a judge who makes an elec- section (m) of section 7448 is amended— the Judicial Conference of the United States tion under paragraph (1). (1) by striking the subsection heading and pursuant to section 604(a)(5) of title 28, ‘‘(E) EXCEPTION.—Notwithstanding sub- inserting the following: United States Code.’’. paragraph (C), if any judge retires under this ‘‘(m) COMPUTATION OF ANNUITIES.— SEC. 5715. MODIFICATION OF TIMING OF LUMP- section, or resigns without having met the SUM PAYMENT OF JUDGES’ AC- ‘‘(1) IN GENERAL.—’’, age and service requirements set forth under CRUED ANNUAL LEAVE. (2) by moving the text 2 ems to the right, subsection (b)(2), and such judge’s nonforfeit- (a) IN GENERAL.—Section 7443 (relating to and able account balance is less than an amount membership of the Tax Court) is amended by (3) by adding at the end the following new that the Executive Director of the Office of adding at the end the following new sub- paragraph: Personnel Management prescribes by regula- section: ‘‘(2) ASSASSINATED JUDGES.—In the case of ‘‘(h) LUMP-SUM PAYMENT OF JUDGES’ AC- tion, the Executive Director shall pay the a judge who is assassinated and who has CRUED ANNUAL LEAVE.—Notwithstanding the nonforfeitable account balance to the partic- served less than 3 years, the annuity of the provisions of sections 5551 and 6301 of title 5, ipant in a single payment.’’. surviving spouse of such judge shall be based United States Code, when an individual sub- (b) EFFECTIVE DATE.—The amendment upon the average annual salary received by ject to the leave system provided in chapter made by this section shall take effect on the such judge for judicial service.’’. 63 of that title is appointed by the President date of the enactment of this Act. (e) OTHER BENEFITS.—Section 7448 is to be a judge of the Tax Court, the individual SEC. 5717. EXEMPTION OF TEACHING COMPENSA- amended by adding at the end the following: shall be entitled to receive, upon appoint- TION OF RETIRED JUDGES FROM ‘‘(u) OTHER BENEFITS.—In the case of a ment to the Tax Court, a lump-sum payment LIMITATION ON OUTSIDE EARNED INCOME. judge who is assassinated, an annuity shall from the Tax Court of the accumulated and (a) IN GENERAL.—Section 7447 (relating to be paid under this section notwithstanding a accrued current annual leave standing to the retirement of judges), as amended by this survivor’s eligibility for or receipt of bene- individual’s credit as certified by the agency Act, is amended by adding at the end the fol- fits under chapter 81 of title 5, United States from which the individual resigned.’’. lowing new subsection: Code, except that the annuity for which a (b) EFFECTIVE DATE.—The amendment surviving spouse is eligible under this sec- made by this section shall apply to any judge ‘‘(l) TEACHING COMPENSATION OF RETIRED tion shall be reduced to the extent that the of the United States Tax Court who has an JUDGES.—For purposes of the limitation total benefits paid under this section and outstanding leave balance on the date of the under section 501(a) of the Ethics in Govern- chapter 81 of that title for any year would enactment of this Act and to any individual ment Act of 1978 (5 U.S.C. App.), any com- exceed the current salary for that year of the appointed by the President to serve as a pensation for teaching approved under sec- office of the judge.’’. judge of the United States Tax Court after tion 502(a)(5) of such Act shall not be treated SEC. 5712. COST-OF-LIVING ADJUSTMENTS FOR such date. as outside earned income when received by a judge of the Tax Court who has retired under TAX COURT JUDICIAL SURVIVOR AN- SEC. 5716. PARTICIPATION OF TAX COURT NUITIES. JUDGES IN THE THRIFT SAVINGS subsection (b) for teaching performed during (a) IN GENERAL.—Subsection (s) of section PLAN. any calendar year for which such a judge has 7448 (relating to annuities to surviving (a) IN GENERAL.—Section 7447 (relating to met the requirements of subsection (c), as spouses and dependent children of judges) is retirement of judges), as amended by this certified by the chief judge of the Tax amended to read as follows: Act, is amended by adding at the end the fol- Court.’’. ‘‘(s) INCREASES IN SURVIVOR ANNUITIES.— lowing new subsection: (b) EFFECTIVE DATE.—The amendment Each time that an increase is made under ‘‘(k) THRIFT SAVINGS PLAN.— made by this section shall apply to any indi- section 8340(b) of title 5, United States Code, ‘‘(1) ELECTION TO CONTRIBUTE.— vidual serving as a retired judge of the in annuities payable under subchapter III of ‘‘(A) IN GENERAL.—A judge of the Tax United States Tax Court on or after the date chapter 83 of that title, each annuity payable Court may elect to contribute to the Thrift of the enactment of this Act. from the survivors annuity fund under this Savings Fund established by section 8437 of SEC. 5718. GENERAL PROVISIONS RELATING TO section shall be increased at the same time title 5, United States Code. MAGISTRATE JUDGES OF THE TAX by the same percentage by which annuities ‘‘(B) PERIOD OF ELECTION.—An election may COURT. are increased under such section 8340(b).’’. be made under this paragraph as provided (a) TITLE OF SPECIAL TRIAL JUDGE CHANGED (b) EFFECTIVE DATE.—The amendments under section 8432(b) of title 5, United States TO MAGISTRATE JUDGE OF THE TAX COURT.— made by this section shall apply with respect Code, for individuals subject to chapter 84 of The heading of section 7443A is amended to to increases made under section 8340(b) of such title. read as follows: title 5, United States Code, in annuities pay- ‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— ‘‘SEC. 7443A. MAGISTRATE JUDGES OF THE TAX able under subchapter III of chapter 83 of Except as otherwise provided in this sub- COURT.’’. that title, taking effect after the date of the section, the provisions of subchapters III and (b) APPOINTMENT, TENURE, AND REMOVAL.— enactment of this Act. VII of chapter 84 of title 5, United States Subsection (a) of section 7443A is amended to SEC. 5713. LIFE INSURANCE COVERAGE FOR TAX Code, shall apply with respect to a judge who read as follows: COURT JUDGES. makes an election under paragraph (1). ‘‘(a) APPOINTMENT, TENURE, AND RE- (a) IN GENERAL.—Section 7447 (relating to ‘‘(3) SPECIAL RULES.— MOVAL.— retirement of judges) is amended by adding ‘‘(A) AMOUNT CONTRIBUTED.—The amount ‘‘(1) APPOINTMENT.—The chief judge may, at the end the following new subsection: contributed by a judge to the Thrift Savings from time to time, appoint and reappoint ‘‘(j) LIFE INSURANCE COVERAGE.—For pur- Fund in any pay period shall not exceed the magistrate judges of the Tax Court for a poses of chapter 87 of title 5, United States maximum percentage of such judge’s basic term of 8 years. The magistrate judges of the Code (relating to life insurance), any indi- pay for such period as allowable under sec- Tax Court shall proceed under such rules as vidual who is serving as a judge of the Tax tion 8440f of title 5, United States Code. may be promulgated by the Tax Court. Court or who is retired under this section is Basic pay does not include any retired pay ‘‘(2) REMOVAL.—Removal of a magistrate deemed to be an employee who is continuing paid pursuant to this section. judge of the Tax Court during the term for in active employment.’’. ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF which he or she is appointed shall be only for (b) EFFECTIVE DATE.—The amendment JUDGE.—No contributions may be made for incompetency, misconduct, neglect of duty, made by this section shall apply to any indi- the benefit of a judge under section 8432(c) of or physical or mental disability, but the of- vidual serving as a judge of the United title 5, United States Code. fice of a magistrate judge of the Tax Court States Tax Court and to any retired judge of ‘‘(C) APPLICABILITY OF SECTION 8433(b) OF shall be terminated if the judges of the Tax the United States Tax Court on or after the TITLE 5 WHETHER OR NOT JUDGE RETIRES.—Sec- Court determine that the services performed date of the enactment of this Act. tion 8433(b) of title 5, United States Code, ap- by the magistrate judge of the Tax Court are

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00196 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9341 no longer needed. Removal shall not occur (B) by striking ‘‘special trial judges’’ and (B) in the last sentence, by striking ‘‘sub- unless a majority of all the judges of the Tax inserting ‘‘magistrate judges’’. sections (a)(6) and (7)’’ and inserting ‘‘para- Court concur in the order of removal. Before SEC. 5719. ANNUITIES TO SURVIVING SPOUSES graphs (8) and (9) of subsection (a)’’. any order of removal shall be entered, a full AND DEPENDENT CHILDREN OF (7) Section 7448(m)(1), as amended by this specification of the charges shall be fur- MAGISTRATE JUDGES OF THE TAX Act, is amended— nished to the magistrate judge of the Tax COURT. (A) by inserting ‘‘or any annuity under sec- Court, and he or she shall be accorded by the (a) DEFINITIONS.—Section 7448(a) (relating tion 7443B or chapters 83 or 84 of title 5, judges of the Tax Court an opportunity to be to definitions), as amended by this Act, is United States Code’’ after ‘‘7447(d)’’, and heard on the charges.’’. amended by redesignating paragraphs (5), (6), (B) by inserting ‘‘or 7443B(m)(1)(B) after (7), and (8) as paragraphs (7), (8), (9), and (10), (c) SALARY.—Section 7443A(d) (relating to ‘‘7447(f)(4)’’. respectively, and by inserting after para- salary) is amended by striking ‘‘90’’ and in- (8) Section 7448(n) is amended by inserting graph (4) the following new paragraphs: serting ‘‘92’’. ‘‘his years of service pursuant to any ap- ‘‘(5) The term ‘magistrate judge’ means a (d) EXEMPTION FROM FEDERAL LEAVE PRO- pointment under section 7443A,’’ after ‘‘of judicial officer appointed pursuant to section VISIONS.—Section 7443A is amended by add- the Tax Court,’’. 7443A, including any individual receiving an ing at the end the following new subsection: (9) Section 3121(b)(5)(E) is amended by in- ‘‘(f) EXEMPTION FROM FEDERAL LEAVE PRO- annuity under section 7443B, or chapters 83 serting ‘‘or magistrate judge’’ before ‘‘of the VISIONS.— or 84, as the case may be, of title 5, United United States Tax Court’’. ‘‘(1) IN GENERAL.—A magistrate judge of States Code, whether or not performing judi- (10) Section 210(a)(5)(E) of the Social Secu- the Tax Court appointed under this section cial duties under section 7443C. shall be exempt from the provisions of sub- ‘‘(6) The term ‘magistrate judge’s salary’ rity Act is amended by inserting ‘‘or mag- chapter I of chapter 63 of title 5, United means the salary of a magistrate judge re- istrate judge’’ before ‘‘of the United States States Code. ceived under section 7443A(d), any amount Tax Court’’. ‘‘(2) TREATMENT OF UNUSED LEAVE.— received as an annuity under section 7443B, SEC. 5720. RETIREMENT AND ANNUITY PROGRAM. ‘‘(A) AFTER SERVICE AS MAGISTRATE or chapters 83 or 84, as the case may be, of (a) RETIREMENT AND ANNUITY PROGRAM.— JUDGE.—If an individual who is exempted title 5, United States Code, and compensa- Part I of subchapter C of chapter 76 is under paragraph (1) from the subchapter re- tion received under section 7443C.’’. amended by inserting after section 7443A the ferred to in such paragraph was previously (b) ELECTION.—Subsection (b) of section following new section: subject to such subchapter and, without a 7448 (relating to annuities to surviving ‘‘SEC. 7443B. RETIREMENT FOR MAGISTRATE break in service, again becomes subject to spouses and dependent children of judges) is JUDGES OF THE TAX COURT. such subchapter on completion of the indi- amended— ‘‘(a) RETIREMENT BASED ON YEARS OF SERV- vidual’s service as a magistrate judge, the (1) by striking the subsection heading and ICE.—A magistrate judge of the Tax Court to whom this section applies and who retires unused annual leave and sick leave standing inserting the following: from office after attaining the age of 65 years to the individual’s credit when such indi- ‘‘(b) ELECTION.— and serving at least 14 years, whether con- vidual was exempted from this subchapter is ‘‘(1) JUDGES.—’’, tinuously or otherwise, as such magistrate deemed to have remained to the individual’s (2) by moving the text 2 ems to the right, judge shall, subject to subsection (f), be enti- credit. and tled to receive, during the remainder of the ‘‘(B) COMPUTATION OF ANNUITY.—In com- (3) by adding at the end the following new magistrate judge’s lifetime, an annuity puting an annuity under section 8339 of title paragraph: equal to the salary being received at the 5, United States Code, the total service of an ‘‘(2) MAGISTRATE JUDGES.—Any magistrate time the magistrate judge leaves office. individual specified in subparagraph (A) who judge may by written election filed with the ‘‘(b) RETIREMENT UPON FAILURE OF RE- retires on an immediate annuity or dies leav- chief judge bring himself or herself within APPOINTMENT.—A magistrate judge of the the purview of this section. Such election ing a survivor or survivors entitled to an an- Tax Court to whom this section applies who shall be filed not later than the later of 6 nuity includes, without regard to the limita- is not reappointed following the expiration months after— tions imposed by subsection (f) of such sec- of the term of office of such magistrate tion 8339, the days of unused sick leave ‘‘(A) 6 months after the date of the enact- judge, and who retires upon the completion standing to the individual’s credit when such ment of this paragraph, of the term shall, subject to subsection (f), individual was exempted from subchapter I ‘‘(B) the date the judge takes office, or be entitled to receive, upon attaining the age of chapter 63 of title 5, United States Code, ‘‘(C) the date the judge marries.’’. of 65 years and during the remainder of such (c) CONFORMING AMENDMENTS.— except that these days will not be counted in magistrate judge’s lifetime, an annuity (1) The heading of section 7448 is amended determining average pay or annuity eligi- equal to that portion of the salary being re- by inserting ‘‘ ’’ bility. AND MAGISTRATE JUDGES ceived at the time the magistrate judge after ‘‘ ’’. ‘‘(C) LUMP SUM PAYMENT.—Any accumu- JUDGES leaves office which the aggregate number of (2) The item relating to section 7448 in the lated and current accrued annual leave or years of service, not to exceed 14, bears to 14, vacation balances credited to a magistrate table of sections for part I of subchapter C of if— judge as of the date of the enactment of this chapter 76 is amended by inserting ‘‘and ‘‘(1) such magistrate judge has served at subsection shall be paid in a lump sum at the magistrate judges’’ after ‘‘judges’’. least 1 full term as a magistrate judge, and time of separation from service pursuant to (3) Subsections (c)(1), (d), (f), (g), (h), (j), ‘‘(2) not earlier than 9 months before the the provisions and restrictions set forth in (m), (n), and (u) of section 7448, as amended date on which the term of office of such mag- section 5551 of title 5, United States Code, by this Act, are each amended— istrate judge expires, and not later than 6 and related provisions referred to in such (A) by inserting ‘‘or magistrate judge’’ months before such date, such magistrate section.’’. after ‘‘judge’’ each place it appears other judge notified the chief judge of the Tax (e) CONFORMING AMENDMENTS.— than in the phrase ‘‘chief judge’’, and Court in writing that such magistrate judge (1) The heading of subsection (b) of section (B) by inserting ‘‘or magistrate judge’s’’ was willing to accept reappointment to the 7443A is amended by striking ‘‘SPECIAL TRIAL after ‘‘judge’s’’ each place it appears. position in which such magistrate judge was JUDGES’’ and inserting ‘‘MAGISTRATE JUDGES (4) Section 7448(c) is amended— serving. OF THE TAX COURT’’. (A) in paragraph (1), by striking ‘‘Tax ‘‘(c) SERVICE OF AT LEAST 8 YEARS.—A (2) Section 7443A(b) is amended by striking Court judges’’ and inserting ‘‘Tax Court judi- magistrate judge of the Tax Court to whom ‘‘special trial judges of the court’’ and in- cial officers’’, this section applies and who retires after serting ‘‘magistrate judges of the Tax (B) in paragraph (2)— serving at least 8 years, whether continu- Court’’. (i) in subparagraph (A), by inserting ‘‘and ously or otherwise, as such a magistrate (3) Subsections (c) and (d) of section 7443A section 7443A(d)’’ after ‘‘(a)(4)’’, and judge shall, subject to subsection (f), be enti- are amended by striking ‘‘special trial (ii) in subparagraph (B), by striking ‘‘sub- tled to receive, upon attaining the age of 65 judge’’ and inserting ‘‘magistrate judge of section (a)(4)’’ and inserting ‘‘subsections years and during the remainder of the mag- the Tax Court’’ each place it appears. (a)(4) and (a)(6)’’. istrate judge’s lifetime, an annuity equal to (4) Section 7443A(e) is amended by striking (5) Section 7448(g) is amended by inserting that portion of the salary being received at ‘‘special trial judges’’ and inserting ‘‘mag- ‘‘or section 7443B’’ after ‘‘section 7447’’ each the time the magistrate judge leaves office istrate judges of the Tax Court’’. place it appears, and by inserting ‘‘or an an- which the aggregate number of years of serv- (5) Section 7456(a) is amended by striking nuity’’ after ‘‘retired pay’’. ice, not to exceed 14, bears to 14. Such annu- ‘‘special trial judge’’ each place it appears (6) Section 7448(j)(1) is amended— ity shall be reduced by 1⁄6 of 1 percent for and inserting ‘‘magistrate judge’’. (A) in subparagraph (A), by striking ‘‘serv- each full month such magistrate judge was (6) Subsection (c) of section 7471 is amend- ice or retired’’ and inserting ‘‘service, re- under the age of 65 at the time the mag- ed— tired’’, and by inserting ‘‘, or receiving any istrate judge left office, except that such re- (A) by striking the subsection heading and annuity under section 7443B or chapters 83 or duction shall not exceed 20 percent. inserting ‘‘MAGISTRATE JUDGES OF THE TAX 84 of title 5, United States Code,’’ after ‘‘sec- ‘‘(d) RETIREMENT FOR DISABILITY.—A mag- COURT.—’’, and tion 7447’’, and istrate judge of the Tax Court to whom this

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00197 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9342 CONGRESSIONAL RECORD—SENATE May 11, 2005 section applies, who has served at least 5 magistrate judge or special trial judge after section (j), and the amounts deposited under years, whether continuously or otherwise, as a date not earlier than 91⁄2 years before the subsection (k), shall be credited to individual such a magistrate judge, and who retires or date of the enactment of this subsection. accounts in the name of each magistrate is removed from office upon the sole ground ‘‘(i) PAYMENTS PURSUANT TO COURT judge of the Tax Court from whom such of mental or physical disability shall, sub- ORDER.— amounts are received, for credit to the Tax ject to subsection (f), be entitled to receive, ‘‘(1) IN GENERAL.—Payments under this sec- Court Judicial Officers’ Retirement Fund. during the remainder of the magistrate tion which would otherwise be made to a judge’s lifetime, an annuity equal to 40 per- magistrate judge of the Tax Court based ‘‘(m) ANNUITIES AFFECTED IN CERTAIN cent of the salary being received at the time upon his or her service shall be paid (in CASES.— of retirement or removal or, in the case of a whole or in part) by the chief judge of the ‘‘(1) 1-YEAR FORFEITURE FOR FAILURE TO magistrate judge who has served for at least Tax Court to another person if and to the ex- PERFORM JUDICIAL DUTIES.—Subject to para- 10 years, an amount equal to that proportion tent expressly provided for in the terms of graph (3), any magistrate judge of the Tax of the salary being received at the time of re- any court decree of divorce, annulment, or Court who retires under this section and who tirement or removal which the aggregate legal separation, or the terms of any court fails to perform judicial duties required of number of years of service, not to exceed 14, order or court-approved property settlement such individual by section 7443C shall forfeit bears to 14. agreement incident to any court decree of di- all rights to an annuity under this section for a 1-year period which begins on the 1st ‘‘(e) COST-OF-LIVING ADJUSTMENTS.—A vorce, annulment, or legal separation. Any magistrate judge of the Tax Court who is en- payment under this paragraph to a person day on which such individual fails to perform titled to an annuity under this section is bars recovery by any other person. such duties. also entitled to a cost-of-living adjustment ‘‘(2) REQUIREMENTS FOR PAYMENT.—Para- ‘‘(2) PERMANENT FORFEITURE OF RETIRED in such annuity, calculated and payable in graph (1) shall apply only to payments made PAY WHERE CERTAIN NON-GOVERNMENT SERV- the same manner as adjustments under sec- by the chief judge of the Tax Court after the ICES PERFORMED.—Subject to paragraph (3), tion 8340(b) of title 5, United States Code, ex- date of receipt by the chief judge of written any magistrate judge of the Tax Court who cept that any such annuity, as increased notice of such decree, order, or agreement, retires under this section and who thereafter under this subsection, may not exceed the and such additional information as the chief performs (or supervises or directs the per- salary then payable for the position from judge may prescribe. formance of) legal or accounting services in which the magistrate judge retired or was re- ‘‘(3) COURT DEFINED.—For purposes of this the field of Federal taxation for the individ- moved. subsection, the term ‘court’ means any court ual’s client, the individual’s employer, or of any State, the District of Columbia, the any of such employer’s clients, shall forfeit ‘‘(f) ELECTION; ANNUITY IN LIEU OF OTHER Commonwealth of Puerto Rico, Guam, the all rights to an annuity under this section ANNUITIES.— Northern Mariana Islands, or the Virgin Is- for all periods beginning on or after the first ‘‘(1) IN GENERAL.—A magistrate judge of the Tax Court shall be entitled to an annuity lands, and any Indian tribal court or courts day on which the individual performs (or su- under this section if the magistrate judge of Indian offense. pervises or directs the performance of) such ‘‘(j) DEDUCTIONS, CONTRIBUTIONS, AND DE- elects an annuity under this section by noti- services. The preceding sentence shall not POSITS.— fying the chief judge of the Tax Court not apply to any civil office or employment ‘‘(1) DEDUCTIONS.—Beginning with the next later than the later of— under the Government of the United States. pay period after the chief judge of the Tax ‘‘(A) 5 years after the magistrate judge of ‘‘(3) FORFEITURES NOT TO APPLY WHERE INDI- Court receives a notice under subsection (f) the Tax Court begins judicial service, or VIDUAL ELECTS TO FREEZE AMOUNT OF ANNU- that a magistrate judge of the Tax Court has ‘‘(B) 5 years after the date of the enact- ITY.— elected an annuity under this section, the ment of this subsection. ‘‘(A) IN GENERAL.—If a magistrate judge of chief judge shall deduct and withhold 1 per- Such notice shall be given in accordance the Tax Court makes an election under this cent of the salary of such magistrate judge. with procedures prescribed by the Tax Court. paragraph— Amounts shall be so deducted and withheld ‘‘(i) paragraphs (1) and (2) (and section ‘‘(2) ANNUITY IN LIEU OF OTHER ANNUITY.—A in a manner determined by the chief judge. magistrate judge who elects to receive an an- 7443C) shall not apply to such magistrate Amounts deducted and withheld under this nuity under this section shall not be entitled judge beginning on the date such election subsection shall be deposited in the Treasury to receive— takes effect, and of the United States to the credit of the Tax ‘‘(A) any annuity to which such magistrate ‘‘(ii) the annuity payable under this sec- Court Judicial Officers’ Retirement Fund. judge would otherwise have been entitled tion to such magistrate judge, for periods be- Deductions under this subsection from the under subchapter III of chapter 83, or under ginning on or after the date such election salary of a magistrate judge shall terminate chapter 84 (except for subchapters III and takes effect, shall be equal to the annuity to upon the retirement of the magistrate judge VII), of title 5, United States Code, for serv- which such magistrate judge is entitled on or upon completion of 14 years of service for ice performed as a magistrate or otherwise, the day before such effective date. which contributions under this section have ‘‘(B) an annuity or salary in senior status ‘‘(B) ELECTION REQUIREMENTS.—An election been made, whether continuously or other- or retirement under section 371 or 372 of title under subparagraph (A)— wise, as calculated under subsection (g), 28, United States Code, ‘‘(i) may be made by a magistrate judge of whichever occurs first. ‘‘(C) retired pay under section 7447, or the Tax Court eligible for retirement under ‘‘(2) CONSENT TO DEDUCTIONS; DISCHARGE OF ‘‘(D) retired pay under section 7296 of title this section, and CLAIMS.—Each magistrate judge of the Tax 38, United States Code. ‘‘(ii) shall be filed with the chief judge of Court who makes an election under sub- the Tax Court. ‘‘(3) COORDINATION WITH TITLE 5.—A mag- section (f) shall be deemed to consent and istrate judge of the Tax Court who elects to Such an election, once it takes effect, shall agree to the deductions from salary which receive an annuity under this section— be irrevocable. are made under paragraph (1). Payment of ‘‘(A) shall not be subject to deductions and ‘‘(C) EFFECTIVE DATE OF ELECTION.—Any such salary less such deductions (and any de- contributions otherwise required by section election under subparagraph (A) shall take ductions made under section 7448) is a full 8334(a) of title 5, United States Code, effect on the first day of the first month fol- and complete discharge and acquittance of ‘‘(B) shall be excluded from the operation lowing the month in which the election is all claims and demands for all services ren- of chapter 84 (other than subchapters III and made. dered by such magistrate judge during the VII) of such title 5, and ‘‘(4) ACCEPTING OTHER EMPLOYMENT.—Any period covered by such payment, except the ‘‘(C) is entitled to a lump-sum credit under magistrate judge of the Tax Court who re- right to those benefits to which the mag- section 8342(a) or 8424 of such title 5, as the tires under this section and thereafter ac- istrate judge is entitled under this section case may be. cepts compensation for civil office or em- (and section 7448). ployment under the United States Govern- ‘‘(g) CALCULATION OF SERVICE.—For pur- ‘‘(k) DEPOSITS FOR PRIOR SERVICE.—Each ment (other than for the performance of poses of calculating an annuity under this magistrate judge of the Tax Court who section— functions as a magistrate judge of the Tax makes an election under subsection (f) may Court under section 7443C) shall forfeit all ‘‘(1) service as a magistrate judge of the deposit, for service performed before such Tax Court to whom this section applies may rights to an annuity under this section for election for which contributions may be the period for which such compensation is be credited, and made under this section, an amount equal to ‘‘(2) each month of service shall be credited received. For purposes of this paragraph, the 1 percent of the salary received for that serv- term ‘compensation’ includes retired pay or as 1⁄12 of a year, and the fractional part of ice. Credit for any period covered by that salary received in retired status. any month shall not be credited. service may not be allowed for purposes of an ‘‘(h) COVERED POSITIONS AND SERVICE.— annuity under this section until a deposit ‘‘(n) LUMP-SUM PAYMENTS.— This section applies to any magistrate judge under this subsection has been made for that ‘‘(1) ELIGIBILITY.— of the Tax Court or special trial judge of the period. ‘‘(A) IN GENERAL.—Subject to paragraph Tax Court appointed under this subchapter, ‘‘(l) INDIVIDUAL RETIREMENT RECORDS.—The (2), an individual who serves as a magistrate but only with respect to service as such a amounts deducted and withheld under sub- judge of the Tax Court and—

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‘‘(i) who leaves office and is not re- ‘‘(I) the decree, order, or agreement ex- ‘‘(p) PARTICIPATION IN THRIFT SAVINGS appointed as a magistrate judge of the Tax pressly relates to any portion of the lump- PLAN.— Court for at least 31 consecutive days, sum credit or other payment involved, and ‘‘(1) ELECTION TO CONTRIBUTE.— ‘‘(ii) who files an application with the chief ‘‘(II) payment of the lump-sum credit or ‘‘(A) IN GENERAL.—A magistrate judge of judge of the Tax Court for payment of a other payment would extinguish entitlement the Tax Court who elects to receive an annu- lump-sum credit, of the magistrate judge’s spouse or former ity under this section or under section 5721 ‘‘(iii) is not serving as a magistrate judge spouse to any portion of an annuity under of the United States Tax Court Moderniza- of the Tax Court at the time of filing of the subsection (i). tion Act may elect to contribute an amount application, and ‘‘(B) NOTIFICATION.—Notification of a of such individual’s basic pay to the Thrift ‘‘(iv) will not become eligible to receive an spouse or former spouse under this para- Savings Fund established by section 8437 of annuity under this section within 31 days graph shall be made in accordance with such title 5, United States Code. after filing the application, procedures as the chief judge of the Tax ‘‘(B) PERIOD OF ELECTION.—An election may is entitled to be paid the lump-sum credit. Court shall prescribe. The chief judge may be made under this paragraph as provided Payment of the lump-sum credit voids all provide under such procedures that subpara- under section 8432(b) of title 5, United States rights to an annuity under this section based graph (A)(i) may be waived with respect to a Code, for individuals subject to chapter 84 of on the service on which the lump-sum credit spouse or former spouse if the magistrate such title. is based, until that individual resumes office judge establishes to the satisfaction of the ‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— as a magistrate judge of the Tax Court. chief judge that the whereabouts of such Except as otherwise provided in this sub- ‘‘(B) PAYMENT TO SURVIVORS.—Lump-sum spouse or former spouse cannot be deter- section, the provisions of subchapters III and benefits authorized by subparagraphs (C), mined. VII of chapter 84 of title 5, United States (D), and (E) of this paragraph shall be paid to ‘‘(C) RESOLUTION OF 2 OR MORE ORDERS.— Code, shall apply with respect to a mag- the person or persons surviving the mag- The chief judge shall prescribe procedures istrate judge who makes an election under istrate judge of the Tax Court and alive on under which this paragraph shall be applied paragraph (1). the date title to the payment arises, in the in any case in which the chief judge receives ‘‘(3) SPECIAL RULES.— order of precedence set forth in subsection 2 or more orders or decrees described in sub- ‘‘(A) AMOUNT CONTRIBUTED.—The amount (o) of section 376 of title 28, United States paragraph (A). contributed by a magistrate judge to the Code, and in accordance with the last 2 sen- ‘‘(3) DEFINITION.—For purposes of this sub- Thrift Savings Fund in any pay period shall tences of paragraph (1) of that subsection. section, the term ‘lump-sum credit’ means not exceed the maximum percentage of such For purposes of the preceding sentence, the the unrefunded amount consisting of— judge’s basic pay for such pay period as al- term ‘judicial official’ as used in subsection ‘‘(A) retirement deductions made under lowable under section 8440f of title 5, United (o) of such section 376 shall be deemed to this section from the salary of a magistrate States Code. mean ‘magistrate judge of the Tax Court’ judge of the Tax Court, ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF and the terms ‘Administrative Office of the ‘‘(B) amounts deposited under subsection JUDGE.—No contributions may be made for United States Courts’ and ‘Director of the (k) by a magistrate judge of the Tax Court the benefit of a magistrate judge under sec- Administrative Office of the United States covering earlier service, and tion 8432(c) of title 5, United States Code. Courts’ shall be deemed to mean ‘chief judge ‘‘(C) interest on the deductions and depos- ‘‘(C) APPLICABILITY OF SECTION 8433(b) OF its which, for any calendar year, shall be TITLE 5.—Section 8433(b) of title 5, United of the Tax Court’. equal to the overall average yield to the Tax States Code, applies with respect to a mag- ‘‘(C) PAYMENT UPON DEATH OF JUDGE BE- Court Judicial Officers’ Retirement Fund istrate judge who makes an election under FORE RECEIPT OF ANNUITY.—If a magistrate during the preceding fiscal year from all ob- paragraph (1) and— judge of the Tax Court dies before receiving ligations purchased by the Secretary during ‘‘(i) who retires entitled to an immediate an annuity under this section, the lump-sum such fiscal year under subsection (o); but annuity under this section (including a dis- credit shall be paid. does not include interest— ability annuity under subsection (d) of this ‘‘(D) PAYMENT OF ANNUITY REMAINDER.—If ‘‘(i) if the service covered thereby aggre- section) or section 5721 of the United States all annuity rights under this section based gates 1 year or less, or Tax Court Modernization Act, on the service of a deceased magistrate judge ‘‘(ii) for the fractional part of a month in ‘‘(ii) who retires before attaining age 65 but of the Tax Court terminate before the total the total service. is entitled, upon attaining age 65, to an an- annuity paid equals the lump-sum credit, the ‘‘(o) TAX COURT JUDICIAL OFFICERS’ RE- nuity under this section or section 5721 of difference shall be paid. TIREMENT FUND.— the United States Tax Court Modernization ‘‘(E) PAYMENT UPON DEATH OF JUDGE DURING ‘‘(1) ESTABLISHMENT.—There is established Act, or RECEIPT OF ANNUITY.—If a magistrate judge in the Treasury a fund which shall be known ‘‘(iii) who retires before becoming entitled of the Tax Court who is receiving an annuity as the ‘Tax Court Judicial Officers’ Retire- to an immediate annuity, or an annuity under this section dies, any accrued annuity ment Fund’. Amounts in the Fund are au- upon attaining age 65, under this section or benefits remaining unpaid shall be paid. thorized to be appropriated for the payment section 5721 of the United States Tax Court ‘‘(F) PAYMENT UPON TERMINATION.—Any ac- of annuities, refunds, and other payments Modernization Act. crued annuity benefits remaining unpaid on under this section. ‘‘(D) SEPARATION FROM SERVICE.—With re- the termination, except by death, of the an- ‘‘(2) INVESTMENT OF FUND.—The Secretary spect to a magistrate judge to whom this nuity of a magistrate judge of the Tax Court shall invest, in interest bearing securities of subsection applies, retirement under this shall be paid to that individual. the United States, such currently available section or section 5721 of the United States ‘‘(G) PAYMENT UPON ACCEPTING OTHER EM- portions of the Tax Court Judicial Officers’ Tax Court Modernization Act is a separation PLOYMENT.—Subject to paragraph (2), a mag- Retirement Fund as are not immediately re- from service for purposes of subchapters III istrate judge of the Tax Court who forfeits quired for payments from the Fund. The in- and VII of chapter 84 of title 5, United States rights to an annuity under subsection (m)(4) come derived from these investments con- Code. before the total annuity paid equals the stitutes a part of the Fund. ‘‘(4) DEFINITIONS.—For purposes of this sub- lump-sum credit shall be entitled to be paid ‘‘(3) UNFUNDED LIABILITY.— section, the terms ‘retirement’ and ‘retire’ the difference if the magistrate judge of the ‘‘(A) IN GENERAL.—There are authorized to include removal from office under section Tax Court files an application with the chief be appropriated to the Tax Court Judicial Of- 7443A(a)(2) on the sole ground of mental or judge of the Tax Court for payment of that ficers’ Retirement Fund amounts required to physical disability. difference. A payment under this subpara- reduce to zero the unfunded liability of the ‘‘(5) OFFSET.—In the case of a magistrate graph voids all rights to an annuity on which Fund. judge who receives a distribution from the the payment is based. ‘‘(B) UNFUNDED LIABILITY.—For purposes of Thrift Savings Fund and who later receives ‘‘(2) SPOUSES AND FORMER SPOUSES.— subparagraph (A), the term ‘unfunded liabil- an annuity under this section, that annuity ‘‘(A) IN GENERAL.—Payment of the lump- ity’ means the estimated excess, determined shall be offset by an amount equal to the sum credit under paragraph (1)(A) or a pay- on an annual basis in accordance with the amount which represents the Government’s ment under paragraph (1)(G)— provisions of section 9503 of title 31, United contribution to that person’s Thrift Savings ‘‘(i) may be made only if any current States Code, of the present value of all bene- Account, without regard to earnings attrib- spouse and any former spouse of the mag- fits payable from the Tax Court Judicial Of- utable to that amount. Where such an offset istrate judge of the Tax Court are notified of ficers’ Retirement Fund over the sum of— would exceed 50 percent of the annuity to be the magistrate judge’s application, and ‘‘(i) the present value of deductions to be received in the first year, the offset may be ‘‘(ii) shall be subject to the terms of a withheld under this section from the future divided equally over the first 2 years in court decree of divorce, annulment, or legal basic pay of magistrate judges of the Tax which that person receives the annuity. separation, or any court or court approved Court, plus ‘‘(6) EXCEPTION.—Notwithstanding clauses property settlement agreement incident to ‘‘(ii) the balance in the Fund as of the date (i) and (ii) of paragraph (3)(C), if any mag- such decree, if— the unfunded liability is determined. istrate judge retires under circumstances

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00199 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9344 CONGRESSIONAL RECORD—SENATE May 11, 2005 making such magistrate judge eligible to section (b) shall be entitled to a lump-sum serting after the item relating to section make an election under subsection (b) of sec- credit under section 8342 or 8424 of title 5, 7443B the following new item: tion 8433 of title 5, United States Code, and United States Code, as the case may be, for ‘‘Sec. 7443C. Recall of magistrate judges of such magistrate judge’s nonforfeitable ac- any service which is covered under section the Tax Court.’’. count balance is less than an amount that 7443B of the Internal Revenue Code of 1986, as the Executive Director of the Office of Per- added by this Act, pursuant to that election, SEC. 5723. EFFECTIVE DATE. sonnel Management prescribes by regula- and with respect to which any contributions Except as otherwise provided, the amend- tion, the Executive Director shall pay the were made by the magistrate judge under the ments made by this part shall take effect on nonforfeitable account balance to the partic- applicable provisions of title 5, United States the date of the enactment of this Act. ipant in a single payment.’’. Code. Mr. NELSON of Nebraska (b) CONFORMING AMENDMENT.—The table of (d) RECALL.—With respect to any mag- SA 712. sections for part I of subchapter C of chapter istrate judge of the United States Tax Court submitted an amendment intended to 76 is amended by inserting after the item re- receiving an annuity under this section who be proposed to amendment SA 605 pro- lating to section 7443A the following new is recalled to serve under section 7443C of the posed by Mr. INHOFE to the bill H.R. 3, item: Internal Revenue Code of 1986, as added by to authorize funds for Federal-aid high- ‘‘Sec. 7443B. Retirement for magistrate this Act— ways, highway safety programs, and judges of the Tax Court.’’. (1) the amount of compensation which such transit programs, and for other pur- recalled magistrate judge receives under SEC. 5721. INCUMBENT MAGISTRATE JUDGES OF poses; which was ordered to lie on the such section 7443C shall be calculated on the THE TAX COURT. table; as follows: (a) RETIREMENT ANNUITY UNDER TITLE 5 basis of the annuity received under this sec- On page 217, between lines 1 and 2, insert AND SECTION 7443B OF THE INTERNAL REVENUE tion, and the following: CODE OF 1986.—A magistrate judge of the (2) such recalled magistrate judge of the United States Tax Court in active service on United States Tax Court may serve as a re- CHAPTER 1—GENERAL PROVISIONS the date of the enactment of this Act shall, employed annuitant to the extent otherwise On page 297, between lines 9 and 10, insert subject to subsection (b), be entitled, in lieu permitted under title 5, United States Code. the following: Section 7443B(m)(4) of the Internal Revenue of the annuity otherwise provided under the CHAPTER 2—FUELS SECURITY amendments made by this part, to— Code of 1986, as added by this Act, shall not SEC. 1641. SHORT TITLE. (1) an annuity under subchapter III of apply with respect to service as a reem- SHORT TITLE.—This chapter may be cited chapter 83, or under chapter 84 (except for ployed annuitant described in paragraph (2). as the ‘‘Fuels Security Act of 2005’’. subchapters III and VII), of title 5, United SEC. 5722. PROVISIONS FOR RECALL. States Code, as the case may be, for cred- (a) IN GENERAL.—Part I of subchapter C of Subchapter A—General Provisions itable service before the date on which serv- chapter 76, as amended by this Act, is SEC. 1651. RENEWABLE CONTENT OF MOTOR VE- ice would begin to be credited for purposes of amended by inserting after section 7443B the HICLE FUEL. paragraph (2), and following new section: (a) IN GENERAL.—Section 211 of the Clean (2) an annuity calculated under subsection ‘‘SEC. 7443C. RECALL OF MAGISTRATE JUDGES OF Air Act (42 U.S.C. 7545) is amended— (b) or (c) and subsection (g) of section 7443B THE TAX COURT. (1) by redesignating subsection (o) as sub- of the Internal Revenue Code of 1986, as ‘‘(a) RECALLING OF RETIRED MAGISTRATE section (q); and added by this Act, for any service as a mag- JUDGES.—Any individual who has retired (2) by inserting after subsection (n) the fol- istrate judge of the United States Tax Court pursuant to section 7443B or the applicable lowing: or special trial judge of the United States provisions of title 5, United States Code, ‘‘(o) RENEWABLE FUEL PROGRAM.— Tax Court but only with respect to service as upon reaching the age and service require- ‘‘(1) DEFINITIONS.—In this subsection: such a magistrate judge or special trial judge ments established therein, may at or after ‘‘(A) ETHANOL.— after a date not earlier than 91⁄2 years prior retirement be called upon by the chief judge ‘‘(i) CELLULOSIC BIOMASS ETHANOL.—The to the date of the enactment of this Act (as of the Tax Court to perform such judicial du- term ‘cellulosic biomass ethanol’ means eth- specified in the election pursuant to sub- ties with the Tax Court as may be requested anol derived from any lignocellulosic or section (b)) for which deductions and depos- of such individual for any period or periods hemicellulosic matter that is available on a its are made under subsections (j) and (k) of specified by the chief judge; except that in renewable or recurring basis, including— such section 7443B, as applicable, without re- the case of any such individual— ‘‘(I) dedicated energy crops and trees; gard to the minimum number of years of ‘‘(1) the aggregate of such periods in any 1 ‘‘(II) wood and wood residues; service as such a magistrate judge of the calendar year shall not (without such indi- ‘‘(III) plants; United States Tax Court, except that— vidual’s consent) exceed 90 calendar days, ‘‘(IV) grasses; (A) in the case of a magistrate judge who and ‘‘(V) agricultural residues; and retired with less than 8 years of service, the ‘‘(2) such individual shall be relieved of ‘‘(VI) fibers. annuity under subsection (c) of such section performing such duties during any period in ‘‘(ii) WASTE DERIVED ETHANOL.—The term 7443B shall be equal to that proportion of the which illness or disability precludes the per- ‘waste derived ethanol’ means ethanol de- salary being received at the time the mag- formance of such duties. rived from— istrate judge leaves office which the years of Any act, or failure to act, by an individual ‘‘(I) animal wastes, including poultry fats service bears to 14, subject to a reduction in performing judicial duties pursuant to this and poultry wastes, and other waste mate- accordance with subsection (c) of such sec- subsection shall have the same force and ef- rials; or tion 7443B if the magistrate judge is under fect as if it were the act (or failure to act) of ‘‘(II) municipal solid waste. age 65 at the time he or she leaves office, and a magistrate judge of the Tax Court. ‘‘(B) RENEWABLE FUEL.— (B) the aggregate amount of the annuity ‘‘(b) COMPENSATION.—For the year in which ‘‘(i) IN GENERAL.—The term ‘renewable initially payable on retirement under this a period of recall occurs, the magistrate fuel’ means motor vehicle fuel that— subsection may not exceed the rate of pay judge shall receive, in addition to the annu- ‘‘(I)(aa) is produced from grain, starch, oil- for the magistrate judge which is in effect on ity provided under the provisions of section seeds, or other biomass; or the day before the retirement becomes effec- 7443B or under the applicable provisions of ‘‘(bb) is natural gas produced from a biogas tive. title 5, United States Code, an amount equal source, including a landfill, sewage waste (b) FILING OF NOTICE OF ELECTION.—A mag- to the difference between that annuity and treatment plant, feedlot, or other place istrate judge of the United States Tax Court the current salary of the office to which the where decaying organic material is found; shall be entitled to an annuity under this magistrate judge is recalled. The annuity of and section only if the magistrate judge files a the magistrate judge who completes that pe- ‘‘(II) is used to replace or reduce the quan- notice of that election with the chief judge riod of service, who is not recalled in a sub- tity of fossil fuel present in a fuel mixture of the United States Tax Court specifying sequent year, and who retired under section used to operate a motor vehicle. the date on which service would begin to be 7443B, shall be equal to the salary in effect at ‘‘(ii) INCLUSION.—The term ‘renewable fuel’ credited under section 7443B of the Internal the end of the year in which the period of re- includes— Revenue Code of 1986, as added by this Act, call occurred for the office from which such ‘‘(I) cellulosic biomass ethanol; in lieu of chapter 83 or chapter 84 of title 5, individual retired. ‘‘(II) waste derived ethanol; United States Code. Such notice shall be ‘‘(c) RULEMAKING AUTHORITY.—The provi- ‘‘(III) biodiesel (as defined in section 312(f) filed in accordance with such procedures as sions of this section may be implemented of the Energy Policy Act of 1992 (42 U.S.C. the chief judge of the United States Tax under such rules as may be promulgated by 13220(f)); and Court shall prescribe. the Tax Court.’’. ‘‘(IV) any blending components derived (c) LUMP-SUM CREDIT UNDER TITLE 5.—A (b) CONFORMING AMENDMENT.—The table of from renewable fuel, except that only the re- magistrate judge of the United States Tax sections for part I of subchapter C of chapter newable fuel portion of any such blending Court who makes an election under sub- 76, as amended by this Act, is amended by in- component shall be considered part of the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00200 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9345 applicable volume under the renewable fuel Administration shall provide to the Adminis- ‘‘(ii) generates or purchases additional re- program established by this subsection. trator of the Environmental Protection newables credits to offset the renewables def- ‘‘(C) SMALL REFINERY.—The term ‘small re- Agency an estimate of the volumes of gaso- icit of the preceding year. finery’ means a refinery for which average line that will be sold or introduced into com- ‘‘(6) SEASONAL VARIATIONS IN RENEWABLE aggregate daily crude oil throughput for the merce in the United States during the fol- FUEL USE.— calendar year (as determined by dividing the lowing calendar year. ‘‘(A) STUDY.—For each of calendar years aggregate throughput for the calendar year ‘‘(B) DETERMINATION OF APPLICABLE PER- 2006 through 2012, the Administrator of the by the number of days in the calendar year) CENTAGES.— Energy Information Administration shall does not exceed 75,000 barrels. ‘‘(i) IN GENERAL.—Not later than November conduct a study of renewable fuels blending ‘‘(2) RENEWABLE FUEL PROGRAM.— 30 of each of calendar years 2006 through 2011, to determine whether there are excessive ‘‘(A) IN GENERAL.— based on the estimate provided under sub- seasonal variations in the use of renewable ‘‘(i) REGULATIONS.—Not later than 1 year paragraph (A), the Administrator shall de- fuels. after the date of enactment of this sub- termine and publish in the Federal Register, ‘‘(B) REGULATION OF EXCESSIVE SEASONAL section, the Administrator shall promulgate with respect to the following calendar year, VARIATIONS.—If, for any calendar year, the regulations ensuring that motor vehicle fuel the renewable fuel obligation that ensures Administrator of the Energy Information sold or dispensed to consumers in the contig- that the requirements under paragraph (2) Administration, based on the study under uous United States, on an annual average are met. subparagraph (A), makes the determinations basis, contains the applicable volume of re- ‘‘(ii) REQUIRED ELEMENTS.—The renewable specified in subparagraph (C), the Adminis- newable fuel specified in subparagraph (B). fuel obligation determined for a calendar trator shall promulgate regulations to en- ‘‘(ii) COMPLIANCE.—Regardless of the date year under clause (i) shall— sure that 35 percent or more of the quantity of promulgation, the regulations shall con- ‘‘(I) be applicable to refiners, blenders, and of renewable fuels necessary to meet the re- tain compliance provisions for refiners, importers, as appropriate; quirements under paragraph (2) is used dur- blenders, and importers, as appropriate, to ‘‘(II) be expressed in terms of a volume per- ing each of the periods specified in subpara- ensure that the requirements of this sub- centage of gasoline sold or introduced into graph (D) of each subsequent calendar year. section are met, but shall not restrict where commerce; and ‘‘(C) DETERMINATIONS.—The determina- renewable fuel can be used, or impose any ‘‘(III) subject to subparagraph (C)(i), con- tions referred to in subparagraph (B) are per-gallon obligation for the use of renew- sist of a single applicable percentage that that— able fuel. applies to all categories of persons specified ‘‘(i) less than 35 percent of the quantity of ‘‘(iii) NO REGULATIONS.—If the Adminis- in subclause (I). renewable fuels necessary to meet the re- trator does not promulgate the regulations, ‘‘(C) ADJUSTMENTS.—In determining the quirements under paragraph (2) has been the applicable percentage referred to in para- applicable percentage for a calendar year, used during 1 of the periods specified in sub- graph (3), on a volume percentage of gasoline the Administrator shall make adjustments— paragraph (D) of the calendar year; basis, shall be 3.2 in 2006. ‘‘(i) to prevent the imposition of redundant ‘‘(ii) a pattern of excessive seasonal vari- ‘‘(B) APPLICABLE VOLUME.— obligations to any person specified in sub- ation described in clause (i) will continue in ‘‘(i) CALENDAR YEARS 2006 THROUGH 2012.— paragraph (B)(ii)(I); and subsequent calendar years; and For the purpose of subparagraph (A), the ap- ‘‘(ii) to account for the use of renewable ‘‘(iii) promulgating regulations or other re- plicable volume for any of calendar years fuel during the previous calendar year by quirements to impose a 35 percent or more 2006 through 2012 shall be determined in ac- small refineries that are exempt under para- seasonal use of renewable fuels will not pre- cordance with the following table: graph (11). vent or interfere with the attainment of na- ‘‘Applicable volume of renewable fuel ‘‘(4) EQUIVALENCY.—For the purpose of tional ambient air quality standards or sig- Calendar year: (In billions of paragraph (2), 1 gallon of either cellulosic nificantly increase the price of motor fuels gallons) biomass ethanol or waste derived ethanol to the consumer. 2006 ...... 4.0 shall be considered to be the equivalent of 2.5 ‘‘(D) PERIODS.—The 2 periods referred to in 2007 ...... 4.7 gallons of renewable fuel. this paragraph are— 2008 ...... 5.4 2009 ...... 6.1 ‘‘(5) CREDIT PROGRAM.— ‘‘(i) April through September; and 2010 ...... 6.8 ‘‘(A) REGULATIONS.—The regulations pro- ‘‘(ii) January through March and October 2011 ...... 7.4 mulgated to carry out this subsection shall through December. 2012 ...... 8.0 provide for— ‘‘(E) EXCLUSIONS.—Renewable fuels blended ‘‘(i) the generation of an appropriate or consumed in 2006 in a State that has re- ‘‘(ii) CALENDAR YEARS 2013 AND THERE- amount of credits by any person that refines, ceived a waiver under section 209(b) shall not AFTER.—For the purpose of subparagraph (A), the applicable volume for calendar year 2013 blends, or imports gasoline that contains a be included in the study under subparagraph and each calendar year thereafter shall be quantity of renewable fuel that is greater (A). determined by the Administrator, in coordi- than the quantity required under paragraph ‘‘(7) WAIVERS.— nation with the Secretary of Energy and the (2); ‘‘(A) IN GENERAL.—The Administrator, in Secretary of Agriculture, based on a review ‘‘(ii) the generation of an appropriate consultation with the Secretary of Agri- of the implementation of the program during amount of credits for biodiesel fuel; and culture and the Secretary of Energy, may calendar years 2006 through 2012, including a ‘‘(iii) if a small refinery notifies the Ad- waive the requirements under paragraph (2), review of— ministrator that the small refinery waives in whole or in part, on a petition by 1 or ‘‘(I) the impact of the use of renewable the exemption provided by this subsection, more States by reducing the national quan- fuels on the environment, air quality, energy the generation of credits by the small refin- tity of renewable fuel required under this security, job creation, and rural economic ery beginning in the year following the noti- subsection— development; and fication. ‘‘(i) based on a determination by the Ad- ‘‘(II) the expected annual rate of future ‘‘(B) USE OF CREDITS.—A person that gen- ministrator, after public notice and oppor- production of renewable fuels, including cel- erates credits under subparagraph (A) may tunity for comment, that implementation of lulosic ethanol. use the credits, or transfer all or a portion of the requirement would severely harm the ‘‘(iii) LIMITATION.—An increase in the ap- the credits to another person, for the pur- economy or environment of a State, a re- plicable volume for a calendar year under pose of complying with paragraph (2). gion, or the United States; or clause (ii) shall be not less than the product ‘‘(C) LIFE OF CREDITS.—A credit generated ‘‘(ii) based on a determination by the Ad- obtained by multiplying— under this paragraph shall be valid to dem- ministrator, after public notice and oppor- ‘‘(I) the number of gallons of gasoline that onstrate compliance for the calendar year in tunity for comment, that there is an inad- the Administrator estimates will be sold or which the credit was generated. equate domestic supply to meet the require- introduced into commerce during the cal- ‘‘(D) INABILITY TO PURCHASE SUFFICIENT ment. endar year; and CREDITS.—The regulations promulgated to ‘‘(B) PETITIONS FOR WAIVERS.—Not later ‘‘(I) the quotient obtained by dividing— carry out this subsection shall include provi- than 90 days after the date on which a peti- ‘‘(aa) 8,000,000,000; by sions permitting any person that is unable to tion is received by the Administrator under ‘‘(bb) the number of gallons of gasoline generate or purchase sufficient credits to subparagraph (A), the Administrator, in con- sold or introduced into commerce during cal- meet the requirement under paragraph (2) to sultation with the Secretary of Agriculture endar year 2012. carry forward a renewables deficit if, for the and the Secretary of Energy, shall approve ‘‘(3) APPLICABLE PERCENTAGES.— calendar year following the year in which or disapprove the petition. ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF the renewables deficit is created— ‘‘(C) TERMINATION OF WAIVERS.—A waiver GASOLINE SALES.—Not later than October 31 ‘‘(i) the person achieves compliance with granted under subparagraph (A) shall termi- of each of calendar years 2006 through 2011, the renewables requirement under paragraph nate on the date that is 1 year after the date the Administrator of the Energy Information (2); and on which the waiver was granted, but may be

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00201 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9346 CONGRESSIONAL RECORD—SENATE May 11, 2005 renewed by the Administrator, after con- agency purchases, for use in fueling fleet ve- ments shall take effect upon that date of en- sultation with the Secretary of Agriculture hicles that use diesel fuel used by the Fed- actment in any State that has received a and the Secretary of Energy. eral agency at the location at which fleet ve- waiver under section 209(b) of the Clean Air ‘‘(8) SMALL REFINERIES.— hicles of the Federal agency are centrally Act (42 U.S.C. 7543(b)). ‘‘(A) IN GENERAL.—Paragraph (2) shall not fueled, in areas in which the biodiesel-blend- (b) MAINTENANCE OF TOXIC AIR POLLUTANT apply to small refineries until the first cal- ed diesel fuel described in subparagraphs (A) EMISSION REDUCTIONS.—Section 211(k)(1) of endar year beginning more than 5 years after and (B) is available at a generally competi- the Clean Air Act (42 U.S.C. 7545(k)(1)) is the first year set forth in the table in para- tive price— amended— graph (2)(B)(i). ‘‘(A) as of the date that is 5 years after the (1) by striking ‘‘Within 1 year after the en- ‘‘(B) STUDY.—Not later than December 31, date of enactment of this paragraph, bio- actment of the Clean Air Act Amendments of 2008, the Secretary of Energy shall complete diesel-blended diesel fuel that contains at 1990,’’ and inserting the following: for the Administrator a study to determine least 2 percent biodiesel, rather than ‘‘(A) IN GENERAL.—Not later than Novem- whether the requirements under paragraph nonbiodiesel-blended diesel fuel; and ber 15, 1991,’’; and (2) would impose a disproportionate eco- ‘‘(B) as of the date that is 10 years after the (2) by adding at the end the following: nomic hardship on small refineries. date of enactment of this paragraph, bio- ‘‘(B) MAINTENANCE OF TOXIC AIR POLLUTANT ‘‘(C) SMALL REFINERIES AND ECONOMIC diesel-blended diesel fuel that contains at EMISSIONS REDUCTIONS FROM REFORMULATED HARDSHIP.—For any small refinery that the least 20 percent biodiesel, rather than GASOLINE.— Secretary of Energy determines would expe- nonbiodiesel-blended diesel fuel. ‘‘(i) DEFINITION OF PADD.—In this subpara- rience a disproportionate economic hardship, ‘‘(3) REQUIREMENT OF FEDERAL LAW.—The graph, the term ‘PADD’ means a Petroleum the Administrator shall extend the small re- provisions of this subsection shall not be Administration for Defense District. finery exemption for the small refinery for considered a requirement of Federal law for ‘‘(ii) REGULATIONS REGARDING EMISSIONS OF not less than 2 additional years. the purposes of section 312. TOXIC AIR POLLUTANTS.—Not later than 270 ‘‘(D) ECONOMIC HARDSHIP.— ‘‘(c) EXEMPTION.—This section does not days after the date of enactment of this sub- ‘‘(i) EXTENSION OF EXEMPTION.—A small re- apply to fuel used in vehicles excluded from paragraph, the Administrator shall estab- finery may at any time petition the Admin- the definition of ‘fleet’ by subparagraphs (A) lish, for each refinery or importer, standards istrator for an extension of the exemption through (H) of section 301(9).’’. for toxic air pollutants from use of the refor- from the requirements under paragraph (2) SEC. 1653. DATA COLLECTION. mulated gasoline produced or distributed by for the reason of disproportionate economic Section 205 of the Department of Energy the refinery or importer that maintain the hardship. Organization Act (42 U.S.C. 7135) is amended reduction of the average annual aggregate ‘‘(ii) EVALUATION.—In evaluating a hard- by adding at the end the following: emissions of toxic air pollutants for reformu- ship petition, the Administrator, in con- ‘‘(m)(1) In order to improve the ability to lated gasoline produced or distributed by the sultation with the Secretary of Energy, shall evaluate the effectiveness of the renewable refinery or importer during calendar years consider the findings of the study in addition fuels mandate of the United States, the Ad- 2001 and 2002, determined on the basis of data to other economic factors. ministrator shall conduct and publish the re- collected by the Administrator with respect ‘‘(iii) DEADLINE FOR ACTION ON PETITIONS.— sults of a survey of renewable fuels demand to the refinery or importer. The Administrator shall act on any petition in the motor vehicle fuels market in the ‘‘(iii) STANDARDS APPLICABLE TO SPECIFIC submitted by a small refinery for a hardship United States monthly, and in a manner de- REFINERIES OR IMPORTERS.— exemption not later than 90 days after the signed to protect the confidentiality of indi- ‘‘(I) APPLICABILITY OF STANDARDS.—For receipt of the petition. vidual responses. any calendar year, the standards applicable ‘‘(E) CREDIT PROGRAM.—Paragraph ‘‘(2) In conducting the survey, the Admin- to a refinery or importer under clause (ii) (6)(A)(iii) shall apply to each small refinery istrator shall collect information both on a shall apply to the quantity of gasoline pro- that waives an exemption under this para- national and regional basis, including— duced or distributed by the refinery or im- graph. ‘‘(A) information on— porter in the calendar year only to the ex- ‘‘(F) OPT-IN FOR SMALL REFINERS.—A small ‘‘(i) the quantity of renewable fuels pro- tent that the quantity is less than or equal refinery shall be subject to paragraph (2) if duced; to the average annual quantity of reformu- the small refinery notifies the Administrator ‘‘(ii) the quantity of renewable fuels blend- lated gasoline produced or distributed by the that the small refinery waives the exemption ed; refinery or importer during calendar years under subparagraph (C).’’. ‘‘(iii) the quantity of renewable fuels im- 2001 and 2002. (b) PENALTIES AND ENFORCEMENT.—Section ported; and ‘‘(II) APPLICABILITY OF OTHER STANDARDS.— 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) ‘‘(iv) the quantity of renewable fuels de- For any calendar year, the quantity of gaso- is amended— manded; and line produced or distributed by a refinery or (1) in paragraph (1)— ‘‘(B) market price data.’’. importer that is in excess of the quantity (A) in the first sentence, by striking ‘‘or Subchapter B—Federal Reformulated Fuels subject to subclause (I) shall be subject to (n)’’ and inserting ‘‘(n), or (o)’’ each place it SEC. 1661. ELIMINATION OF OXYGEN CONTENT standards for toxic air pollutants promul- appears; and REQUIREMENT FOR REFORMU- gated under subparagraph (A) and paragraph (B) in the second sentence, by striking ‘‘or LATED GASOLINE. (3)(B). (m)’’ and inserting ‘‘(m), or (o)’’; and (a) ELIMINATION.— ‘‘(iv) CREDIT PROGRAM.—The Administrator (2) in the first sentence of paragraph (2), by (1) IN GENERAL.—Section 211(k) of the shall provide for the granting and use of striking ‘‘and (n)’’ and inserting ‘‘(n), and Clean Air Act (42 U.S.C. 7545(k)) is amend- credits for emissions of toxic air pollutants (o)’’ each place it appears. ed— in the same manner as provided in paragraph SEC. 1652. FEDERAL AGENCY ETHANOL-BLENDED (A) in paragraph (2)— (7). GASOLINE AND BIODIESEL PUR- (i) in the second sentence of subparagraph ‘‘(v) REGIONAL PROTECTION OF TOXICS RE- CHASING REQUIREMENT. (A), by striking ‘‘(including the oxygen con- DUCTION BASELINES.— Title III of the Energy Policy Act of 1992 is tent requirement contained in subparagraph ‘‘(I) IN GENERAL.—Not later than 60 days amended by striking section 306 (42 U.S.C. (B))’’; after the date of enactment of this subpara- 13215) and inserting the following: (ii) by striking subparagraph (B); and graph, and not later than April 1 of each cal- ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED (iii) by redesignating subparagraphs (C) endar year that begins after that date of en- GASOLINE AND BIODIESEL PUR- and (D) as subparagraphs (B) and (C), respec- actment, the Administrator shall publish in CHASING REQUIREMENT. tively; the Federal Register a report that specifies, ‘‘(a) ETHANOL-BLENDED GASOLINE.—The (B) in paragraph (3)(A), by striking clause with respect to the previous calendar year— head of each Federal agency shall ensure (v); and ‘‘(aa) the quantity of reformulated gasoline that, in areas in which ethanol-blended gaso- (C) in paragraph (7)— produced that is in excess of the average an- line is reasonably available at a generally (i) in subparagraph (A)— nual quantity of reformulated gasoline pro- competitive price, the Federal agency pur- (I) by striking clause (i); and duced in 2001 and 2002; and chases ethanol-blended gasoline containing (II) by redesignating clauses (ii) and (iii) as ‘‘(bb) the reduction of the average annual at least 10 percent ethanol rather than non- clauses (i) and (ii), respectively; and aggregate emissions of toxic air pollutants ethanol-blended gasoline, for use in vehicles (ii) in subparagraph (C)— in each PADD, based on retail survey data or used by the agency that use gasoline. (I) by striking clause (ii); and data from other appropriate sources. ‘‘(b) BIODIESEL.— (II) by redesignating clause (iii) as clause ‘‘(II) EFFECT OF FAILURE TO MAINTAIN AG- ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- (ii). GREGATE TOXICS REDUCTIONS.—If, in any cal- section, the term ‘biodiesel’ has the meaning (2) EFFECTIVE DATE.—The amendments endar year, the reduction of the average an- given the term in section 312(f). made by paragraph (1) take effect on the nual aggregate emissions of toxic air pollut- ‘‘(2) REQUIREMENT.—The head of each Fed- date that is 1 year after the date of enact- ants in a PADD fails to meet or exceed the eral agency shall ensure that the Federal ment of this Act, except that the amend- reduction of the average annual aggregate

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emissions of toxic air pollutants in the (A) by striking ‘‘may also’’ and inserting ‘‘(6) OPT-IN AREAS.— PADD in calendar years 2001 and 2002, the ‘‘shall, on a regular basis,’’; and ‘‘(A) CLASSIFIED AREAS.— Administrator, not later than 90 days after (B) by striking subparagraph (A) and in- ‘‘(i) IN GENERAL.—Upon’’; the date of publication of the report for the serting the following: (2) in subparagraph (B), by striking ‘‘(B) calendar year under subclause (I), shall— ‘‘(A) to conduct tests to determine poten- If’’ and inserting the following: ‘‘(aa) identify, to the maximum extent tial public health and environmental effects ‘‘(ii) EFFECT OF INSUFFICIENT DOMESTIC CA- practicable, the reasons for the failure, in- of the fuel or additive (including carcino- PACITY TO PRODUCE REFORMULATED GASO- cluding the sources, volumes, and character- genic, teratogenic, or mutagenic effects); LINE.—If’’; istics of reformulated gasoline that contrib- and’’; and (3) in subparagraph (A)(ii) (as redesignated uted to the failure; and (2) by adding at the end the following: by paragraph (2))— ‘‘(bb) promulgate revisions to the regula- ‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND (A) in the first sentence, by striking ‘‘sub- tions promulgated under clause (ii), to take BLENDSTOCKS.— paragraph (A)’’ and inserting ‘‘clause (i)’’; effect not earlier than 180 days but not later ‘‘(A) IN GENERAL.—Not later than 2 years and than 270 days after the date of promulgation, after the date of enactment of this para- (B) in the second sentence, by striking to provide that, notwithstanding clause graph, the Administrator shall— ‘‘this paragraph’’ and inserting ‘‘this sub- (iii)(II), all reformulated gasoline produced ‘‘(i) conduct a study on the effects on pub- paragraph’’; and or distributed at each refinery or importer lic health, air quality, and water resources of (4) by adding at the end the following: shall meet the standards applicable under increased use of, and the feasibility of using ‘‘(B) OZONE TRANSPORT REGION.— clause (ii) not later than April 1 of the year as substitutes for methyl tertiary butyl ‘‘(i) APPLICATION OF PROHIBITION.— following the report under this subclause and ether in gasoline— ‘‘(I) IN GENERAL.—In addition to the provi- for subsequent years. ‘‘(I) ethyl tertiary butyl ether; sions of subparagraph (A), upon the applica- ‘‘(vi) REGULATIONS TO CONTROL HAZARDOUS ‘‘(II) tertiary amyl methyl ether; tion of the Governor of a State in the ozone AIR POLLUTANTS FROM MOTOR VEHICLES AND ‘‘(III) di-isopropyl ether; transport region established by section MOTOR VEHICLE FUELS.—Not later than July ‘‘(IV) tertiary butyl alcohol; 184(a), the Administrator, not later than 180 1, 2006, the Administrator shall promulgate ‘‘(V) other ethers and heavy alcohols, as days after the date of receipt of the applica- final regulations to control hazardous air determined by the Administrator; tion, shall apply the prohibition specified in pollutants from motor vehicles and motor ‘‘(VI) ethanol; paragraph (5) to any area in the State (other vehicle fuels, as provided for in section ‘‘(VII) iso-octane; and than an area classified as a marginal, mod- 80.1045 of title 40, Code of Federal Regula- ‘‘(VIII) alkylates; erate, serious, or severe ozone nonattain- tions (as in effect on the date of enactment ‘‘(ii) conduct a study on the effects on pub- ment area under subpart 2 of part D of title of this subparagraph).’’. lic health, air quality, and water resources of I) unless the Administrator determines the adjustment for ethanol-blended reformu- (c) CONSOLIDATION IN REFORMULATED GASO- under clause (iii) that there is insufficient lated gasoline to the VOC performance re- LINE REGULATIONS.—Not later than 180 days capacity to supply reformulated gasoline. quirements otherwise applicable under sec- after the date of enactment of this Act, the ‘‘(II) PUBLICATION OF APPLICATION.—As soon Administrator of the Environmental Protec- tions 211(k)(1) and 211(k)(3); and as practicable after the date of receipt of an tion Agency shall revise the reformulated ‘‘(iii) submit to the Committee on Environ- application under subclause (I), the Adminis- ment and Public Works of the Senate and gasoline regulations under subpart D of part trator shall publish the application in the the Committee on Energy and Commerce of 80 of title 40, Code of Federal Regulations (or Federal Register. the House of Representatives a report de- any successor regulations), to consolidate ‘‘(ii) PERIOD OF APPLICABILITY.—Under scribing the results of these studies. the regulations applicable to VOC-Control clause (i), the prohibition specified in para- ‘‘(B) CONTRACTS FOR STUDY.—In carrying Regions 1 and 2 under section 80.41 of that graph (5) shall apply in a State— out this paragraph, the Administrator may title by eliminating the less stringent re- ‘‘(I) commencing as soon as practicable but enter into one or more contracts with non- quirements applicable to gasoline designated not later than 2 years after the date of ap- governmental entities including but not lim- for VOC-Control Region 2 and instead apply- proval by the Administrator of the applica- ited to National Energy Laboratories and in- ing the more stringent requirements applica- stitutions of higher education (as defined in tion of the Governor of the State; and ble to gasoline designated for VOC-Control section 101 of the Higher Education Act of ‘‘(II) ending not earlier than 4 years after Region 1. 1965 (20 U.S.C. 1001)).’’. the commencement date determined under (d) AUTHORITY OF ADMINISTRATOR.—Noth- subclause (I). SEC. 1663. ANALYSES OF MOTOR VEHICLE FUEL ing in this section affects or prejudices any CHANGES. ‘‘(iii) EXTENSION OF COMMENCEMENT DATE legal claim or action with respect to regula- Section 211 of the Clean Air Act (42 U.S.C. BASED ON INSUFFICIENT CAPACITY.— tions promulgated by the Administrator of 7545) is amended by inserting after sub- ‘‘(I) IN GENERAL.—If, after receipt of an ap- the Environmental Protection Agency before section (o) (as added by section 1651(a)(2)) the plication from a Governor of a State under the date of enactment of this Act regard- following: clause (i), the Administrator determines, on ing— ‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL the Administrator’s own motion or on peti- (1) emissions of toxic air pollutants from CHANGES AND EMISSIONS MODEL.— tion of any person, after consultation with motor vehicles; or ‘‘(1) ANTI-BACKSLIDING ANALYSIS.— the Secretary of Energy, that there is insuf- (2) the adjustment of standards applicable ‘‘(A) DRAFT ANALYSIS.—Not later than 4 ficient capacity to supply reformulated gaso- to a specific refinery or importer made under years after the date of enactment of this sub- line, the Administrator, by regulation— the prior regulations. section, the Administrator shall publish for ‘‘(aa) shall extend the commencement date (e) DETERMINATION REGARDING A STATE PE- public comment a draft analysis of the with respect to the State under clause (ii)(I) TITION.—Section 211(k) of the Clean Air Act changes in emissions of air pollutants and for not more than 1 year; and (42 U.S.C. 7545(k)) is amended by inserting air quality due to the use of motor vehicle ‘‘(bb) may renew the extension under item after paragraph (10) the following: fuel and fuel additives resulting from imple- (aa) for 2 additional periods, each of which ‘‘(11) DETERMINATION REGARDING A STATE mentation of the amendments made by the shall not exceed 1 year. PETITION.— Fuels Security Act of 2005. ‘‘(II) DEADLINE FOR ACTION ON PETITIONS.— ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(B) FINAL ANALYSIS.—After providing a The Administrator shall act on any petition other provision of this section, not later reasonable opportunity for comment, but not submitted under subclause (I) not later than than 30 days after the date of enactment of later than 5 years after the date of enact- 180 days after the date of receipt of the peti- this paragraph, the Administrator shall de- ment of this paragraph, the Administrator tion.’’. termine the adequacy of any petition re- shall publish the analysis in final form. SEC. 1665. FEDERAL ENFORCEMENT OF STATE ceived from a Governor of a State to exempt ‘‘(2) EMISSIONS MODEL.—For the purposes of FUELS REQUIREMENTS. gasoline sold in that State from the require- this subsection, as soon as the necessary Section 211(c)(4)(C) of the Clean Air Act (42 ments under paragraph (2)(B). data are available, the Administrator shall U.S.C. 7545(c)(4)(C)) is amended— ‘‘(B) APPROVAL.—If a determination under develop and finalize an emissions model that (1) by striking ‘‘(C) A State’’ and inserting subparagraph (A) is not made by the date reasonably reflects the effects of gasoline the following: that is 30 days after the date of enactment of characteristics or components on emissions ‘‘(C) AUTHORITY OF STATE TO CONTROL this paragraph, the petition shall be consid- from vehicles in the motor vehicle fleet dur- FUELS AND FUEL ADDITIVES FOR REASONS OF ered to be approved.’’. ing calendar year 2005.’’. NECESSITY.— SEC. 1662. PUBLIC HEALTH AND ENVIRON- SEC. 1664. ADDITIONAL OPT-IN AREAS UNDER RE- ‘‘(i) IN GENERAL.—A State’’; and MENTAL IMPACTS OF FUELS AND FORMULATED GASOLINE PROGRAM. (2) by adding at the end the following: FUEL ADDITIVES. Section 211(k)(6) of the Clean Air Act (42 ‘‘(ii) ENFORCEMENT BY THE ADMINIS- Section 211(b) of the Clean Air Act (42 U.S.C. 7545(k)(6)) is amended— TRATOR.—In any case in which a State pre- U.S.C. 7545(b)) is amended— (1) by striking ‘‘(6) OPT-IN AREAS.—(A) scribes and enforces a control or prohibition (1) in paragraph (2)— Upon’’ and inserting the following: under clause (i), the Administrator, at the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00203 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9348 CONGRESSIONAL RECORD—SENATE May 11, 2005 request of the State, shall enforce the con- mental Protection Agency and the Secretary SEC. 76ll. FEDERAL SCHOOL BUS DRIVER trol or prohibition as if the control or prohi- of Energy shall consult with— QUALIFICATIONS. bition had been adopted under the other pro- (A) the Governors of the States; The effective date of section 383.123 of vol- visions of this section.’’. (B) automobile manufacturers; ume 49, Code of Federal Regulations (as in SEC. 1666. FUEL SYSTEM REQUIREMENTS HAR- (C) motor vehicle fuel producers and dis- effect on the date of enactment of this Act), MONIZATION STUDY. tributors; and shall be September 30, 2006. (a) STUDY.— (D) the public. SA 715. Mr. GREGG submitted an (1) IN GENERAL.—The Administrator of the SEC. 1667. REVIEW OF FEDERAL PROCUREMENT Environmental Protection Agency and the INITIATIVES RELATING TO USE OF amendment intended to be proposed by Secretary of Energy shall jointly conduct a RECYCLED PRODUCTS AND FLEET him to the bill H.R. 3, to authorize study of Federal, State, and local require- AND TRANSPORTATION EFFICIENCY. funds for Federal-aid highways, high- ments concerning motor vehicle fuels, in- Not later than 180 days after the date of way safety programs, and transit pro- cluding— enactment of this Act, the Administrator of grams, and for other purposes; which (A) requirements relating to reformulated General Services shall submit to Congress a was ordered to lie on the table; as fol- gasoline, volatility (measured in Reid vapor report that details efforts by each Federal pressure), oxygenated fuel, and diesel fuel; agency to implement the procurement poli- lows: and cies specified in Executive Order No. 13101 (63 At the appropriate place insert the fol- (B) other requirements that vary from Fed. Reg. 49643; relating to governmental use lowing: State to State, region to region, or locality of recycled products) and Executive Order SEC. 14ll. SAFETY BELT USE RATES. to locality. No. 13149 (65 Fed. Reg. 24607; relating to Fed- (a) DEFINITIONS.—In this section: (2) REQUIRED ELEMENTS.—The study shall eral fleet and transportation efficiency). (1) PRIMARY SAFETY BELT LAW.—The term assess— ‘‘primary safety belt law’’ means a law that SEC. 1668. REPORT ON RENEWABLE MOTOR (A) the effect of the variety of require- FUEL. authorizes a law enforcement officer to issue ments described in paragraph (1) on the sup- Not later than January 1, 2007, the Sec- a citation for the failure of the driver of, or ply, quality, and price of motor vehicle fuels retary of Energy and the Secretary of Agri- any passenger in, a motor vehicle to wear a available to the consumer; culture shall jointly prepare and submit to safety belt as required by State law. (B) the effect of the requirements described Congress a report containing recommenda- (2) SAFETY BELT USE RATE.—The term in paragraph (1) on achievement of— tions for achieving, by January 1, 2025, at ‘‘safety belt use rate’’ means, as determined (i) national, regional, and local air quality by the State for the most recent fiscal year standards and goals; and least 25 percent renewable fuel content (cal- culated on an average annual basis) for all or calendar year for which statistics are (ii) related environmental and public made available through any method, includ- health protection standards and goals; gasoline sold or introduced into commerce in the United States. ing observational surveys conducted by the (C) the effect of Federal, State, and local State agency that has jurisdiction over high- motor vehicle fuel regulations, including Mr. BAUCUS submitted an way safety, the ratio that— multiple motor vehicle fuel requirements, SA 713. (A) the number of drivers and front seat on— amendment intended to be proposed to passengers of motor vehicles in the State (i) domestic refineries; amendment SA 605 proposed by Mr. that use safety belts; bears to (ii) the fuel distribution system; and INHOFE to the bill H.R. 3, to authorize (B) the number of all drivers and front seat (iii) industry investment in new capacity; funds for Federal-aid highways, high- passengers of motor vehicles registered in (D) the effect of the requirements de- way safety programs, and transit pro- the State. scribed in paragraph (1) on emissions from (b) WITHHOLDING OF FUNDS.— vehicles, refineries, and fuel handling facili- grams, and for other purposes; which was ordered to lie on the table; as fol- (1) IN GENERAL.—The Secretary shall with- ties; hold a percentage, as described in paragraph (E) the feasibility of developing national or lows: (2), of the funds apportioned to a State under regional motor vehicle fuel slates for the 48 On page 269, strike lines 1 through 9 and in- paragraphs (1), (3), and (4) of section 104(b) or contiguous States that, while protecting and sert the following: section 144 of title 23, United States Code, if, improving air quality at the national, re- (2) in paragraph (2)— by October 1 of a given year, the State does gional, and local levels, could— (A) by striking ‘‘If a State’’ and inserting not— (i) enhance flexibility in the fuel distribu- the following: (A) have in effect a primary safety belt tion infrastructure and improve fuel ‘‘(A) IN GENERAL.—If a State’’; law; or fungibility; (B) by striking ‘‘for any project in the (B) demonstrate to the Secretary that the (ii) reduce price volatility and costs to State eligible under section 133.’’ and insert- safety belt use rate in the State is at least 60 consumers and producers; ing the following: ‘‘for any project in the percent. (iii) provide increased liquidity to the gas- State that— (2) PERCENTAGES.—The percentage referred oline market; and ‘‘(i) would otherwise be eligible under this to in paragraph (1) shall be— (iv) enhance fuel quality, consistency, and section as if the project were carried out in (A) for fiscal year 2007, 2 percent; and supply; and a nonattainment or maintenance area; or (B) for fiscal year 2008 and each fiscal year (F) the feasibility of providing incentives, ‘‘(ii) is eligible under the surface transpor- thereafter, 4 percent. and the need for the development of national tation program under section 133.’’; and (c) RESTORATION.—If, by the date that is 3 standards necessary, to promote cleaner (C) by adding at the end the following: years after the date on which funds are with- burning motor vehicle fuel. ‘‘(B) OPERATING ASSISTANCE FOR PUBLIC held from a State under subsection (b), the (b) REPORT.— TRANSIT PROVIDERS AND TRANSPORTATION State has in effect a primary safety belt law (1) IN GENERAL.—Not later than June 1, MANAGEMENT ASSOCIATIONS.—In addition to or has demonstrated that the safety belt use 2006, the Administrator of the Environ- other eligible uses, a State may use funds ap- rate in the State is at least 60 percent, the mental Protection Agency and the Secretary portioned under section 104(b)(2)(D) to pro- apportionment to the State under para- of Energy shall submit to Congress a report vide operating assistance for public transit graphs (1), (3), and (4) of section 104(b) or sec- on the results of the study conducted under providers or transportation management as- subsection (a). tion 144 of title 23, United States Code, shall sociations that serve a nonattainment or be increased by the amount withheld under (2) RECOMMENDATIONS.— maintenance area, if a plan is in place for subsection (b). (A) IN GENERAL.—The report shall contain (d) FAILURE TO ACT.—If, by the date that is recommendations for legislative and admin- the project that annually reduces the 3 years after the date on which funds are istrative actions that may be taken— amount of operating assistance required.’’. withheld from a State under subsection (b), (i) to improve air quality; the State does not have in effect a primary (ii) to reduce costs to consumers and pro- SA 714. Mr. BAUCUS submitted an safety belt law or has not demonstrated that ducers; and amendment intended to be proposed to the safety belt use rate in the State is at (iii) to increase supply liquidity. amendment SA 605 proposed by Mr. least 60 percent, the State shall forfeit the (B) REQUIRED CONSIDERATIONS.—The rec- INHOFE to the bill H.R. 3, to authorize amount withheld under subsection (b). ommendations under subparagraph (A) shall funds for Federal-aid highways, high- take into account the need to provide ad- way safety programs, and transit pro- SA 716. Mr. GREGG submitted an vance notice of required modifications to re- grams, and for other purposes; which amendment intended to be proposed by finery and fuel distribution systems in order to ensure an adequate supply of motor vehi- was ordered to lie on the table; as fol- him to the bill H.R. 3, to authorize cle fuel in all States. lows: funds for Federal-aid highways, high- (3) CONSULTATION.—In developing the re- On page 1281, between lines 2 and 3, insert way safety programs, and transit pro- port, the Administrator of the Environ- the following: grams, and for other purposes; which

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00204 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9349 was ordered to lie on the table; as fol- funds for Federal-aid highways, high- (2) diverting funds to low-priority ear- lows: way safety programs, and transit pro- marks diminishes the ability of States and local communities to establish priorities and At the appropriate place, insert the fol- grams, and for other purposes; which address mobility problems; lowing: was ordered to lie on the table as fol- (3) the Government Accountability Office SEC. 14ll. SAFETY BELT USE RATES. lows: has reported that demonstration projects re- (a) DEFINITIONS.—In this section: On page 944, after line 21 insert the fol- viewed were not considered by State and re- (1) PRIMARY SAFETY BELT LAW.—The term lowing: gional transportation officials as critical to ‘‘primary safety belt law’’ means a law that SEC. ll. FUNDING FOR FERRY BOATS. their transportation needs, and more than authorizes a law enforcement officer to issue Section 5309(i)(5) of title 49, United States half of the projects reviewed were not in- a citation for the failure of the driver of, or Code, as amended by section 6011(j) of this cluded in State and local transportation any passenger in, a motor vehicle to wear a Act, is amended to read as follows: plans; safety belt as required by State law. ‘‘(5) FUNDING FOR FERRY BOATS.—Of the (4) some earmarks have nothing to do with (2) SAFETY BELT USE RATE.—The term amounts described in paragraphs (1)(A) and transportation and may worsen congestion ‘‘safety belt use rate’’ means, as determined (2)(A)— by diverting scarce resources from higher by the State for the most recent fiscal year ‘‘(A) $10,400,000 shall be available in fiscal priorities; or calendar year for which statistics are year 2005 for capital projects in Alaska and (5) the Surface Transportation Assistance made available through any method, includ- Hawaii for new fixed guideway systems and Act of 1982 (96 Stat. 2097) contained 10 ear- ing observational surveys conducted by the extension projects utilizing ferry boats, ferry marks at a cost of $385,925,000; State agency that has jurisdiction over high- boat terminals, or approaches to ferry boat (6) the Surface Transportation and Uni- way safety, the ratio that— terminals; form Relocation Assistance Act of 1987 (101 (A) the number of drivers and front seat ‘‘(B) $15,000,000 shall be available in each of Stat. 132) contained 157 projects at a cost of passengers of motor vehicles in the State fiscal years 2006 through 2009 for capital $1,416,000,000; that use safety belts; bears to projects in Alaska and Hawaii for new fixed (7) the Intermodal Surface Transportation (B) the number of all drivers and front seat guideway systems and extension projects Efficiency Act of 1991 (105 Stat. 1914) con- passengers of motor vehicles registered in utilizing ferry boats, ferry boat terminals, or tained 538 projects at a cost of $6,082,873,000; the State. approaches to ferry boat terminals; and (8) the Transportation Equity Act for the (b) WITHHOLDING OF FUNDS.— ‘‘(C) $5,000,000 shall be available in each of 21st Century (112 Stat. 107) contained 1,851 (1) IN GENERAL.—The Secretary shall with- fiscal years 2006 through 2009 for payments to projects at a cost of $9,359,850,000; hold a percentage, as described in paragraph the Denali Commission under the terms of (9) annual transportation appropriations (2), of the funds apportioned to a State under section 307(e) of the Denali Commission Act Acts demonstrate the same trend in increas- paragraphs (1), (3), and (4) of section 104(b) or of 1998, as amended (42 U.S.C. 3121 note), for ing earmarking of projects; section 144 of title 23, United States Code, if, docks, waterfront development projects, and (10) the funding earmarked for many by October 1 of a given year, the State does related transportation infrastructure.’’. projects does not cover the full cost of the not— project and requires State and local commu- (A) have in effect a primary safety belt SA 719. Mr. MCCAIN submitted an nities to cover the unfunded costs; and law; or amendment intended to be proposed to (11) funding of earmarked projects can (B) demonstrate to the Secretary that the amendment SA 605 proposed by Mr. have a dramatic effect on the rate of return safety belt use rate in the State is at least 60 that a State receives on its contributions to INHOFE to the bill H.R. 3, to authorize percent. the Highway Trust Fund. (2) PERCENTAGES.—The percentage referred funds for Federal-aid highways, high- (b) SENSE OF CONGRESS.—It is the sense of to in paragraph (1) shall be— way safety programs, and transit pro- Congress that— (A) for fiscal year 2007, 2 percent; and grams, and for other purposes; which (1) the Safe, Accountable, Flexible, and Ef- (B) for fiscal year 2008 and each fiscal year was ordered to lie on the table as fol- ficient Transportation Equity Act of 2005 thereafter, 4 percent. lows: should not include project earmarks; (c) RESTORATION.—If, by the date that is 3 Section 105 of title 23, United States Code (2) if earmarked projects are included, the years after the date on which funds are with- (as amended by section 1104(a)), is amended projects should be included within the fund- held from a State under subsection (b), the by redesignating subsection (g) as subsection ing that a State would otherwise receive so State has in effect a primary safety belt law (h) and inserting after subsection (f) the fol- as not to penalize other States; and or has demonstrated that the safety belt use lowing: (3) any earmarked projects should be in- rate in the State is at least 60 percent, the ‘‘(g) FURTHER ADJUSTMENT.—The Secretary cluded in the funding equity provisions of apportionment to the State under para- shall reduce any funds allocated to a State the next surface transportation Act so that graphs (1), (3), and (4) of section 104(b) or sec- under this subsection by an amount equal to the projects do not adversely affect the rate tion 144 of title 23, United States Code, shall the amount of any discretionary allocation of return that a State receives from its con- be increased by the amount withheld under made to the State under an annual appro- tributions to the Highway Trust Fund. subsection (b). priations Act (including explanatory mate- (d) FAILURE TO ACT.—If, by the date that is rial) from a program funded by the Highway SA 721. Mr. LOTT submitted an 3 years after the date on which funds are Trust Fund (other than the Mass Transit ac- amendment intended to be proposed to withheld from a State under subsection (b), count), or any other direct appropriation amendment SA 605 proposed by Mr. the State does not have in effect a primary from the Highway Trust Fund (other than INHOFE to the bill H.R. 3, to authorize safety belt law or has not demonstrated that the Mass Transit account) received by the funds for Federal-aid highways, high- the safety belt use rate in the State is at State or an entity located in the State, dur- way safety programs, and transit pro- least 60 percent, the State shall forfeit the ing the preceding fiscal year. amount withheld under subsection (b). grams, and for other purposes; which was ordered to lie on the table as fol- SA 720. Mr. MCCAIN submitted an lows: SA 717. Mrs. CLINTON submitted an amendment intended to be proposed to On page 1091, line 17, strike ‘‘$1,000,000,000’’ amendment intended to be proposed to amendment SA 605 proposed by Mr. amendment SA 605 proposed by Mr. and insert ‘‘$1,000,000’’. INHOFE to the bill H.R. 3, to authorize INHOFE to the bill H.R. 3, to authorize funds for Federal-aid highways, high- SA 722. Ms. CANTWELL submitted funds for Federal-aid highways, high- way safety programs, and transit pro- an amendment intended to be proposed way safety programs, and transit pro- grams, and for other purposes; which to amendment SA 605 proposed by Mr. grams, and for other purposes; which was ordered to lie on the table as fol- INHOFE to the bill H.R. 3, to authorize was ordered to lie on the table; as fol- lows: funds for Federal-aid highways, high- lows: At the end of chapter 3 of subtitle E of way safety programs, and transit pro- On page 52, line 10, insert ‘‘and’’ at the end. title I, insert the following: grams, and for other purposes; which On page 52, line 12, strike ‘‘; and’’ and in- SEC. ll. SENSE OF CONGRESS RELATING TO was ordered to lie on the table as fol- sert a period. PROJECT EARMARKS. lows: On page 52, strike lines 13 through 15. (a) FINDINGS.—Congress finds that— On page 630, line 8, insert ‘‘and shall imme- (1) the House of Representatives adopted a SA 718. Mr. STEVENS submitted an diately propose appropriate exemptions for rule in 1914 stating that it shall not be in classes of vehicles whose nonpropulsive fuel amendment intended to be proposed to order for any bill providing general legisla- use exceeds 50 percent,’’ after ‘‘taxes,’’. amendment SA 605 proposed by Mr. tion with respect to roads to contain any On page 631, line 7, insert ‘‘, except that INHOFE to the bill H.R. 3, to authorize provision for any specific road; the Secretary shall report and take action

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under subsection (a)(1) not later than July 1, ‘‘(1) MINIMUM COMBINED ALLOCATION.—For LUGAR, Mrs. CLINTON, Mr. CHAFEE, Mr. 2006’’ before the period at the end. each fiscal year, before making the alloca- OBAMA, Ms. LANDRIEU, and Mr. VOINO- tions under subsection (a)(1), the Secretary VICH) submitted an amendment in- Mr. CARPER submitted an SA 723. shall allocate among the States amounts suf- tended to be proposed to amendment amendment intended to be proposed to ficient to ensure that no State receives a SA 605 proposed by Mr. INHOFE to the combined total of amounts allocated under amendment SA 605 proposed by Mr. bill H.R. 3, to authorize funds for Fed- INHOFE to the bill H.R. 3, to authorize subsection (a)(1), apportionments for the pro- grams specified in subsection (a)(2), and eral-aid highways, highway safety pro- funds for Federal-aid highways, high- grams, and transit programs, and for way safety programs, and transit pro- amounts allocated under this subsection, that is less than 100 percent of the average other purposes; which was ordered to grams, and for other purposes; which for fiscal years 1998 through 2003 of the an- lie on the table; as follows: was ordered to lie on the table; as fol- nual apportionments for the State for all On page 297, between lines 9 and 10, insert lows: programs specified in subsection (b)(2). the following: On page 276, line 9, insert ‘‘ (including ‘‘(2) NO NEGATIVE ADJUSTMENT.—Notwith- SEC. 16ll. CLEAN SCHOOL BUS PROGRAM. intercity passenger rail when used for the standing subsection (d), no negative adjust- (a) DEFINITIONS.—In this section: purpose of a daily commute)’’ after ‘‘transit ment shall be made under subsection (a)(1) to (1) ADMINISTRATOR.—The term ‘‘Adminis- ridership’’. the apportionment of any State. trator’’ means the Administrator of the En- ‘‘(3) MINIMUM SHARE OF TAX PAYMENTS.— vironmental Protection Agency. SA 724. Mrs. HUTCHISON submitted ‘‘(A) IN GENERAL.—Notwithstanding sub- (2) ALTERNATIVE FUEL.—The term ‘‘alter- an amendment intended to be proposed section (d), for each fiscal year, the Sec- native fuel’’ means— to amendment SA 605 proposed by Mr. retary shall allocate among the States (A) liquefied natural gas, compressed nat- INHOFE to the bill H.R. 3, to authorize amounts sufficient to ensure that no State ural gas, liquefied petroleum gas, hydrogen, funds for Federal-aid highways, high- receives a percentage of apportionments for or propane; the fiscal year for the programs specified in way safety programs, and transit pro- (B) methanol or ethanol at no less than 85 subsection (a)(2) that is less than the per- percent by volume; or grams, and for other purposes; which centage specified in subparagraph (B) of the (C) biodiesel conforming with standards was ordered to lie on the table; as fol- percentage share of the State of estimated published by the American Society for Test- lows: tax payments attributable to highway users ing and Materials as of the date of enact- Beginning on page 52, strike line 16 and all in the State paid into the Highway Trust ment of this Act. that follows through page 58, line 11, and in- Fund (other than the Mass Transit Account) (3) CLEAN SCHOOL BUS.—The term ‘‘clean sert the following: in the most recent fiscal year for which data school bus’’ means a school bus with a gross ‘‘(b) STATE PERCENTAGE.— are available. vehicle weight of greater than 14,000 pounds ‘‘(1) IN GENERAL.—The percentage referred ‘‘(B) PERCENTAGES.—The percentages re- that— to in subsection (a) for each State shall be— ferred to in subparagraph (A) are— (A) is powered by a heavy duty engine; and ‘‘(A) 93.06 percent of the quotient obtained ‘‘(i) for fiscal year 2005, 90.5 percent; and (B) is operated solely on an alternative fuel by dividing— ‘‘(ii) for each of fiscal years 2006 through or ultra-low sulfur diesel fuel. ‘‘(i) the estimated tax payments attrib- 2009, 93.06 percent. (4) ELIGIBLE RECIPIENT.— utable to highway users in the State paid ‘‘(d) PROGRAMMATIC DISTRIBUTION OF (A) IN GENERAL.—Subject to subparagraph into the Highway Trust Fund (other than the FUNDS.—The Secretary shall apportion the (B), the term ‘‘eligible recipient’’ means— Mass Transit Account) in the most recent amounts made available under this section (i) 1 or more local or State governmental fiscal year for which data are available; by so that the amount apportioned to each entities responsible for— ‘‘(ii) the estimated tax payments attrib- State under this section for each program re- (I) providing school bus service to 1 or utable to highway users in all States paid ferred to in subparagraphs (A) through (G) of more public school systems; or into the Highway Trust Fund (other than the subsection (a)(2) is equal to the amount de- (II) the purchase of school buses; Mass Transit Account) for the fiscal year; or termined by multiplying the amount to be (ii) 1 or more contracting entities that pro- ‘‘(B) for a State with a total population apportioned under this section by the pro- vide school bus service to 1 or more public density of less than 30 persons per square portion that— school systems; or mile, as reported in the decennial census ‘‘(1) the amount of funds apportioned to (iii) a nonprofit school transportation asso- conducted by the Federal Government in each State for each program referred to in ciation. 2000, the greater of— subparagraphs (A) through (G) of subsection (B) SPECIAL REQUIREMENTS.—In the case of ‘‘(i) the percentage under paragraph (1); or (a)(2) for a fiscal year; bears to eligible recipients identified under clauses ‘‘(ii) the average percentage of the State’s ‘‘(2) the total amount of funds apportioned (ii) and (iii), the Administrator shall estab- share of total apportionments for the period to each State for all such programs for the lish timely and appropriate requirements for of fiscal years 1998 through 2003 for the pro- fiscal year. notice and may establish timely and appro- grams specified in paragraph (2). ‘‘(e) METRO PLANNING SET ASIDE.—Not- priate requirements for approval by the pub- ‘‘(2) SPECIFIC PROGRAMS.—The programs re- withstanding section 104(f), no set aside pro- lic school systems that would be served by ferred to in paragraph (1)(B)(ii) are (as in ef- vided for under that section shall apply to buses purchased or retrofit using grant funds fect on the day before the date of enactment funds allocated under this section. made available under this section. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of the Safe, Accountable, Flexible, and Effi- (5) RETROFIT TECHNOLOGY.—The term ‘‘ret- cient Transportation Equity Act of 2005)— There rofit technology’’ means a particulate filter ‘‘(A) the Interstate maintenance program SA 725. Mr. SANTORUM (for himself or other emissions control equipment that is under section 119; verified or certified by the Administrator or ‘‘(B) the national highway system program and Mr. SPECTER) submitted an amend- the California Air Resources Board as an ef- under section 103; ment intended to be proposed to fective emission reduction technology when ‘‘(C) the bridge program under section 144; amendment SA 605 proposed by Mr. installed on an existing school bus. ‘‘(D) the surface transportation program INHOFE to the bill H.R. 3, to authorize (6) SECRETARY.—The term ‘‘Secretary’’ under section 133; funds for Federal-aid highways, high- means the Secretary of Energy. ‘‘(E) the recreational trails program under way safety programs, and transit pro- (7) ULTRA-LOW SULFUR DIESEL FUEL.—The section 206; grams, and for other purposes; which term ‘‘ultra-low sulfur diesel fuel’’ means ‘‘(F) the high priority projects program was ordered to lie on the table; as fol- diesel fuel that contains sulfur at not more under section 117; than 15 parts per million. ‘‘(G) the minimum guarantee provided lows: (b) PROGRAM FOR RETROFIT OR REPLACE- under this section; On page 410, between lines 7 and 8, insert MENT OF CERTAIN EXISTING SCHOOL BUSES ‘‘(H) revenue aligned budget authority the following: WITH CLEAN SCHOOL BUSES.— amounts provided under section 110; SEC. 1830. PRIORITY PROJECTS. (1) ESTABLISHMENT.— ‘‘(I) the congestion mitigation and air Section 1602 of the Transportation Equity (A) IN GENERAL.—The Administrator, in quality improvement program under section Act for the 21st Century (112 Stat. 306) is consultation with the Secretary and other 149; amended in item 1349 of the table contained appropriate Federal departments and agen- ‘‘(J) the Appalachian development highway in that section by inserting ‘‘, and improve- cies, shall establish a program for awarding system program under subtitle IV of title 40; ments to streets and roads providing access grants on a competitive basis to eligible re- and to,’’ after ‘‘along’’. cipients for the replacement or retrofit (in- ‘‘(K) metropolitan planning programs cluding repowering, aftertreatment, and re- under section 104(f). SA 726. Mr. INHOFE (for himself, Mr. manufactured engines) of certain existing ‘‘(c) SPECIAL RULES.— BAYH, Mr. WARNER, Mr. JEFFORDS, Mr. school buses.

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(B) BALANCING.—In awarding grants under (ii) a commitment by the applicant to use less than 10 percent of the amounts made this section, the Administrator shall, to the that fuel in carrying out the purposes of the available for any program under titles I, II, maximum extent practicable, achieve an ap- grant. and VI of this Act shall be expended with propriate balance between awarding grants— (7) DEPLOYMENT AND DISTRIBUTION.—The small business concerns owned and con- (i) to replace school buses; and Administrator shall, to the maximum extent trolled by socially and economically dis- (ii) to install retrofit technologies. practicable— advantaged individuals. (2) PRIORITY OF GRANT APPLICATIONS.— (A) achieve nationwide deployment of (b) DEFINITIONS.—In this section, the fol- (A) REPLACEMENT.—In the case of grant ap- clean school buses through the program lowing definitions shall apply: plications to replace school buses, the Ad- under this section; and (1) ADMINISTRATOR.—The term ‘‘Adminis- ministrator shall give priority to applicants (B) ensure a broad geographic distribution trator’’ means the Administrator of the that propose to replace school buses manu- of grant awards, with no State receiving Small Business Administration. factured before model year 1977. more than 10 percent of the grant funding (2) SMALL BUSINESS CONCERN.—The term (B) RETROFITTING.—In the case of grant ap- made available under this section during a ‘‘small business concern’’ has the meaning plications to retrofit school buses, the Ad- fiscal year. given that term under section 3 of the Small ministrator shall give priority to applicants (8) ANNUAL REPORT.— Business Act (15 U.S.C. 632). that propose to retrofit school buses manu- (A) IN GENERAL.—Not later than January 31 (3) SOCIALLY AND ECONOMICALLY DISADVAN- factured in or after model year 1991. of each year, the Administrator shall submit TAGED INDIVIDUALS.—The term ‘‘socially and to Congress a report that— (3) USE OF SCHOOL BUS FLEET.— economically disadvantaged individuals’’ has (i) evaluates the implementation of this (A) IN GENERAL.—All school buses acquired the meaning given that term under section section; and or retrofitted with funds provided under this 8(d) of the Small Business Act (15 U.S.C. (ii) describes— section shall be operated as part of the 637(d)) and relevant regulations promulgated (I) the total number of grant applications school bus fleet for which the grant was under that section, except that women shall received; made for not less than 5 years. be presumed to be socially and economically (II) the number and types of alternative disadvantaged individuals for the purposes of (B) MAINTENANCE, OPERATION, AND FUEL- fuel school buses, ultra-low sulfur diesel fuel ING.—New school buses and retrofit tech- this section. school buses, and retrofitted buses requested NNUAL LISTING OF DISADVANTAGED nology shall be maintained, operated, and (c) A in grant applications; BUSINESS ENTERPRISES.—Each State, in con- fueled according to manufacturer rec- (III) grants awarded and the criteria used sultation with the Administrator, shall an- ommendations or State requirements. to select the grant recipients; nually survey or otherwise compile a list of (4) RETROFIT GRANTS.—The Administrator (IV) certified engine emission levels of all the small business concerns referred to in may award grants for up to 100 percent of the buses purchased or retrofitted under this sec- subsection (a) and the location of such con- retrofit technologies and installation costs. tion; cerns in the State, and shall notify the Sec- (5) REPLACEMENT GRANTS.— (V) an evaluation of the in-use emission retary in writing of the percentage of such (A) ELIGIBILITY FOR 50% GRANTS.—The Ad- level of buses purchased or retrofitted under small business concerns which are controlled ministrator may award grants for replace- this section; and by women, by socially and economically dis- ment of school buses in the amount of up to (VI) any other information the Adminis- advantaged individuals (other than women), 1⁄2 of the acquisition costs (including fueling trator considers appropriate. and by individuals who are women and are infrastructure) for — (c) EDUCATION.— otherwise socially and economically dis- (i) clean school buses with engines manu- (1) IN GENERAL.—Not later than 90 days advantaged individuals. factured in model year 2005 or 2006 that emit after the date of enactment of this Act, the (d) UNIFORM LIST COMPILATION.— not more than— Administrator shall develop an education (1) IN GENERAL.—The Administrator, in (I) 1.8 grams per brake horsepower-hour of outreach program to promote and explain consultation with the Secretary, shall estab- non-methane hydrocarbons and oxides of ni- the grant program. lish minimum uniform procedures to be used trogen; and (2) COORDINATION WITH STAKEHOLDERS.—The by State governments in compiling the list (II) .01 grams per brake horsepower-hour of outreach program shall be designed and con- required by subsection (c). particulate matter; or ducted in conjunction with national school (2) UNIFORM PROCEDURES.—Minimum uni- (ii) clean school buses with engines manu- bus transportation associations and other form procedures required under paragraph (1) factured in model year 2007, 2008, or 2009 that stakeholders. shall include on-site visits, personal inter- satisfy regulatory requirements established (3) COMPONENTS.—The outreach program views, licenses, analysis of stock ownership, by the Administrator for emissions of oxides shall— listing of equipment, analysis of bonding ca- of nitrogen and particulate matter to be ap- (A) inform potential grant recipients on pacity, listing of work completed, resume of plicable for school buses manufactured in the process of applying for grants; principal owners, financial capacity, type of model year 2010. (B) describe the available technologies and work preferred, and any other criteria rec- (B) ELIGIBILITY FOR 25% GRANTS.—The Ad- the benefits of the technologies; ommended by the Administrator. ministrator may award grants for replace- (C) explain the benefits of participating in (3) REGISTRATION REQUIRED.—No small ment of school buses in the amount of up to the grant program; and business concern may be included on the list 1⁄4 of the acquisition costs (including fueling (D) include, as appropriate, information required by subsection (c) unless it first reg- infrastructure) for — from the annual report required under sub- isters in the Central Contractor Registration (i) clean school buses with engines manu- section (b)(8). database. factured in model year 2005 or 2006 that emit (d) AUTHORIZATION OF APPROPRIATIONS.— (e) COMPLIANCE WITH COURT ORDERS.— not more than— There are authorized to be appropriated to Nothing in this section limits the eligibility (I) 2.5 grams per brake horsepower-hour of the Administrator to carry out this section, of an entity or person to receive funds made non-methane hydrocarbons and oxides of ni- to remain available until expended— available under titles I, III, and V of this trogen; and (1) $55,000,000 for each of fiscal years 2006 Act, if the entity or person is prevented, in (II) .01 grams per brake horsepower-hour of and 2007; and whole or in part, from complying with sub- (2) such sums as are necessary for each of particulate matter; or section (a) because a Federal court issues a fiscal years 2008, 2009, and 2010. (ii) clean school buses with engines manu- final order in which the court finds that the factured in model year 2007 or thereafter SA 727. Ms. SNOWE submitted an requirement of subsection (a), or the pro- gram established under subsection (a), is un- that satisfy regulatory requirements estab- amendment intended to be proposed to lished by the Administrator for emissions of constitutional. amendment SA 605 proposed by Mr. oxides of nitrogen and particulate matter from school buses manufactured in that INHOFE to the bill H.R. 3, to authorize SA 728. Mrs. CLINTON (for herself model year. funds for Federal-aid highways, high- and Mr. SCHUMER) submitted an (6) ULTRA-LOW SULFUR DIESEL FUEL.— way safety programs, and transit pro- amendment intended to be proposed to (A) IN GENERAL.—In the case of a grant re- grams, and for other purposes; which amendment SA 605 propoosed by Mr. cipient receiving a grant for the acquisition was ordered to lie on the table; as fol- INHOFE to the bill H.R. 3, to authorize of ultra-low sulfur diesel fuel school buses lows: funds for Federal-aid highways, high- with engines manufactured in model year On page 400, strike line 22 and all that fol- way safety programs, and transit pro- 2005 or 2006, the grant recipient shall provide, lows through page 403, line 4 and insert the grams, and for other purposes; which to the satisfaction of the Administrator— following: was ordered to lie on the table; as fol- (i) documentation that diesel fuel con- SEC. 1821. DISADVANTAGED BUSINESS ENTER- taining sulfur at not more than 15 parts per PRISES. lows: million is available for carrying out the pur- (a) GENERAL RULE.—Except to the extent On page 52, strike lines 10 through 15 and poses of the grant; and that the Secretary determines otherwise, not insert the following:

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00207 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9352 CONGRESSIONAL RECORD—SENATE May 11, 2005 ‘‘under section 150; and tation Equity Act for the 21st Century (16 passenger deaths and injuries resulting from (M) the rail-highway grade crossing pro- U.S.C. 668dd note). crashes involving 16-year-old drivers de- gram under section 130.’’ clined by 40 percent from 1998 to 2000, the SA 732. Mr. DODD submitted an first 3 years of California’s graduated driver SA 729. Mr. VOINOVICH (for himself amendment intended to be proposed to licensing program. The number of at-fault and Mr. DEWINE) submitted an amend- amendment SA 605 proposed by Mr. collisions involving 16-year-old drivers de- ment intended to be proposed to INHOFE to the bill H.R. 3, to authorize creased by 24 percent during the same period. amendment SA 605 proposed by Mr. funds for Federal-aid highways, high- (8) The National Transportation Safety Board reports that 39 States and the District INHOFE to the bill H.R. 3, to authorize way safety programs, and transit pro- of Columbia have implemented 3-stage grad- funds for Federal-aid highways, high- grams, and for other purposes; which uated driver licensing systems. Many States way safety programs, and transit pro- was ordered to lie on the table; as fol- have not yet implemented these and other grams, and for other purposes; which lows: basic safety features of graduated driver li- was ordered to lie on the table; as fol- On page 143, after the matter following line censing laws to protect the lives of teenage lows: 25, add the following: and novice drivers. (9) A 2001 Harris Poll indicates that— On page 1069, after line 10, add the fol- SEC. 1411. TEEN DRIVING SAFETY. (A) 95 percent of Americans support a re- lowing: (a) SHORT TITLE.—This section may be cited as the ‘‘Safe Teen and Novice Driver quirement of 30 to 50 hours of practice driv- SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWL- ing with an adult; EDGE TEST REQUIREMENT. Uniform Protection Act of 2005’’ or the (B) 92 percent of Americans support a 6- The Secretary shall recognize any driver ‘‘STANDUP Act’’. (b) FINDINGS.—Congress finds the fol- month learner’s permit period; and who passes a test approved by the Federal (C) 74 percent of Americans support lim- Motor Carrier Safety Administration as lowing: (1) The National Transportation Safety iting the number of teen passengers in a car meeting the knowledge test requirement for with a teen driver and supervised driving a school bus endorsement under section Board has reported that— (A) in 2002, teen drivers, which constituted during high-risk driving periods, such as 383.123 of title 49, Code of Federal Regula- night. tions. only 6.4 percent of all drivers, were involved in 14.3 percent of all fatal motor vehicle (c) STATE GRADUATED DRIVER LICENSING LAWS.— crashes; SA 730. Mr. REED (for himself and (1) MINIMUM REQUIREMENTS.—A State is in (B) motor vehicle crashes are the leading Mr. CHAFEE) submitted an amendment compliance with this subsection if the State cause of death for Americans between 15 and has a graduated driver licensing law that in- intended to be proposed to amendment 20 years of age; cludes, for novice drivers under the age of SA 605 proposed by Mr. INHOFE to the (C) between 1994 and 2003, almost 64,000 21— bill H.R. 3, to authorize funds for Fed- Americans between 15 and 20 years of age (A) a 3-stage licensing process, including a eral-aid highways, highway safety pro- died in motor vehicle crashes, an average of learner’s permit stage and an intermediate 122 per week; and grams, and transit programs, and for stage before granting an unrestricted driv- (D) in 2003— other purposes; which was ordered to er’s license; lie on the table; as follows: (i) 3,657 American drivers between 15 and 20 (B) a prohibition of meaningful duration on years of age were killed in motor vehicle At the appropriate place, insert the fol- nighttime driving during the learner’s per- crashes; lowing: mit and intermediate stages; (ii) 300,000 Americans between 15 and 20 SEC. ll. COMMUTER RAIL SERVICE. (C) a prohibition, during the intermediate years of age were injured in motor vehicle stage, from operating a motor vehicle with (a) IN GENERAL.—The Federal Transit Ad- crashes; and ministration shall approve final engineering more than 1 non-familial passenger under (iii) 7,884 American drivers between 15 and the age of 21 if there is no licensed driver 21 and construction for projects, which were 20 years of age were involved in fatal crash- provided funding under section years of age or older present in the motor ve- es, resulting in 9,088 total fatalities, a 5 per- hicle; and 3030(c)(1)(A)(xliv) of the Federal Transit Act cent increase since 1993. of 1998, and section 1214(g) of the Transpor- (D) any other requirement that the Sec- (2) Though only 20 percent of driving by retary of Transportation (referred to in this tation Equity Act for the 21st Century (16 young drivers occurs at night, over 50 per- U.S.C. 668dd note), in the absence of an ac- section as the ‘‘Secretary’’) may require, in- cent of the motor vehicle crash fatalities in- cluding— cess agreement with the owner of the rail- volving young drivers occur at night. road right of way. (i) a learner’s permit stage of at least 6 (3) The National Highway Traffic Safety months; (b) TIMELY RESOLUTION OF ISSUES.—The Administration has reported that— (ii) an intermediate stage of at least 6 Secretary shall timely resolve any issues de- (A) 6,300,000 motor vehicle crashes claimed laying the completion of the project author- months; the lives of nearly 43,000 Americans in 2003 (iii) for novice drivers in the learner’s per- ized under section 1214(g) of the Transpor- and injured almost 3,000,000 more Americans; tation Equity Act for the 21st Century (16 mit stage— (B) teen drivers between 16 and 20 years of (I) a requirement of at least 30 hours of be- U.S.C. 668dd note) and the project authorized age have a fatality rate that is 4 times the hind-the-wheel training with a licensed driv- under section 3030(c)(1)(A)(xliv) of the Fed- rate for drivers between 25 and 70 years of er who is over 21 years of age; and eral Transit Act of 1998. age; and (II) a requirement that any such driver be (C) drivers who are 16 years of age have a SA 731. Mr. REED (for himself and accompanied and supervised by a licensed motor vehicle crash rate that is almost ten driver 21 years of age or older at all times Mr. CHAFEE) submitted an amendment times the crash rate for drivers aged between when such driver is operating a motor vehi- intended to be proposed to amendment 30 and 60 years of age. cle; and SA 605 proposed by Mr. INHOFE to the (4) According to the Insurance Institute for (iv) a requirement that the grant of full li- bill H.R. 3, to authorize funds for Fed- Highway Safety, the chance of a crash by a censure be automatically delayed, in addi- eral-aid highways, highway safety pro- 16- or 17-year-old driver is doubled if there tion to any other penalties imposed by State grams, and transit programs, and for are 2 peers in the vehicle and quadrupled law for any individual who, while holding a other purposes; which was ordered to with 3 or more peers in the vehicle. provisional license, convicted of an offense, (5) In 1997, the first full year of its grad- lie on the table; as follows: such as driving while intoxicated, misrepre- uated driver licensing system, Florida expe- sentation of their true age, reckless driving, At the appropriate place, insert the fol- rienced a 9 percent reduction in fatal and in- unbelted driving, speeding, or other viola- lowing: jurious crashes among young drivers be- tions, as determined by the Secretary. SEC. ll. COMMUTER RAIL SERVICE. tween the ages of 15 and 18, compared with (2) RULEMAKING.—After public notice and (a) IN GENERAL.—The Massachusetts Bay 1995, according to the Insurance Institute for comment rulemaking the Secretary shall Transportation Authority is authorized to Highway Safety. issue regulations necessary to implement operate commuter rail service south of mile- (6) The Journal of the American Medical this subsection. post 185 of the Northeast Corridor under the Association reports that crashes involving (d) INCENTIVE GRANTS.— terms an dconditions established under sec- 16-year-old drivers decreased between 1995 (1) IN GENERAL.—For each of the first 3 fis- tion 24904(a)(6) of title 49, United States and 1999 by 25 percent in Michigan and 27 cal years following the date of enactment of Code. percent in North Carolina. Comprehensive this Act, the Secretary shall award a grant (b) TIMELY RESOLUTION OF ISSUES.—The graduated driver licensing systems were im- to any State in compliance with subsection Secretary shall timely resolve any issues de- plemented in 1997 in these States. (c)(1) on or before the first day of that fiscal laying the completion of the project author- (7) In California, according to the Auto- year that submits an application under para- ized under section 1214(g) of the Transpor- mobile Club of Southern California, teenage graph (2).

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(2) APPLICATION.—Any State desiring a Mr. AKAKA) submitted an amendment SEC. ll. EXTENSION AND MODIFICATION OF RE- grant under this subsection shall submit an intended to be proposed to amendment NEWABLE ENERGY CREDIT. (a) EXTENSION.—Section 45(d) (relating to application to the Secretary at such time, in SA 605 proposed by Mr. INHOFE to the such manner, and containing such informa- bill H.R. 3, to authorize funds for Fed- qualified facilities) is amended by striking tion as the Secretary may require, including ‘‘January 1, 2006’’ each place it appears and a certification by the governor of the State eral-aid highways, highway safety pro- inserting ‘‘January 1, 2009’’ that the State is in compliance with sub- grams, and transit programs, and for (b) TREATMENT OF PERSONS NOT ABLE TO section (c)(1). other purposes; which was ordered to USE ENTIRE CREDIT.— (3) GRANTS.—For each fiscal year described lie on the table; as follows: (1) IN GENERAL.—Section 45(e) (relating to in paragraph (1), amounts appropriated to On page 35, strike lines 18 through 21, and definitions and special rules) is amended by carry out this subsection shall be appor- insert the following: adding at the end the following new para- tioned to each State in compliance with sub- (i) $310,000,000 for fiscal year 2005; and graph: section (c)(1) in an amount determined by (ii) $320,000,000 for each of fiscal years 2006 ‘‘(10) TREATMENT OF PERSONS NOT ABLE TO multiplying— through 2009. USE ENTIRE CREDIT.— (A) the amount appropriated to carry out The amounts provided for under section ‘‘(A) ALLOWANCE OF CREDIT.— this subsection for such fiscal year; by 2001(a)(1)(A) (relating to surface transpor- ‘‘(i) IN GENERAL.—Except as otherwise pro- (B) the ratio that the amount of funds ap- tation research) shall be reduced by vided in this subsection— portioned to each such State for such fiscal $19,638,742 for fiscal year 2005, and $19,638,742 ‘‘(I) any credit allowable under subsection year under section 402 of title 23, United for each of fiscal years 2006 through 2009. (a) with respect to a qualified facility owned States Code, bears to the total amount of by a person described in clause (ii) may be funds apportioned to all such States for such SA 734. Mr. DURBIN submitted an transferred or used as provided in this para- fiscal year under such section 402. amendment intended to be proposed to graph, and (4) USE OF FUNDS.—Amounts received under amendment SA 605 proposed by Mr. ‘‘(II) the determination as to whether the a grant under this subsection shall be used credit is allowable shall be made without re- INHOFE to the bill H.R. 3, to authorize for— gard to the tax-exempt status of the person. (A) enforcement and providing training re- funds for Federal-aid highways, high- ‘‘(ii) PERSONS DESCRIBED.—A person is de- garding the State graduated driver licensing way safety programs, and transit pro- scribed in this clause if the person is— law to law enforcement personnel and other grams, and for other purposes; which ‘‘(I) an organization described in section relevant State agency personnel; was ordered to lie on the table as fol- 501(c)(12)(C) and exempt from tax under sec- (B) publishing relevant educational mate- lows: tion 501(a), rials that pertain directly or indirectly to On page 297, between lines 9 and 10, insert ‘‘(II) an organization described in section the State graduated driver licensing law; and the following: 1381(a)(2)(C), (C) other administrative activities that the SEC. 16ll. REPORT ON USE OF FUNDS TO RE- ‘‘(III) a public utility (as defined in section Secretary considers relevant to the State DUCE OIL AND FUEL CONSUMPTION. 136(c)(2)(B)), which is exempt from income graduated driver licensing law. (a) IN GENERAL.—Not later than December tax under this subtitle, (5) AUTHORIZATION OF APPROPRIATIONS.— 1, 2005, and annually thereafter, each State ‘‘(IV) any State or political subdivision There are authorized to be appropriated and metropolitan planning organization that thereof, the District of Columbia, any pos- $25,000,000 out of the Highway Trust Fund serves a population of 200,000 or more shall session of the United States, or any agency (other than the Mass Transit Account) for make available to the public, using the or instrumentality of any of the foregoing, each of the fiscal years 2005 through 2009 to Internet and other means commonly used to or carry out this subsection. inform the public under this Act, a report ‘‘(V) any Indian tribal government (within (e) TRANSFERRING OF FUNDS FOR NON-COM- that describes where the documentation of the meaning of section 7871) or any agency or PLIANCE.— materials assembled in the project develop- instrumentality thereof. (1) FISCAL YEAR 2010.—The Secretary shall ment process anticipated fuel and/or cost ‘‘(B) TRANSFER OF CREDIT.— transfer 1.5 percent of the amount otherwise saving the ways in which the planned use of ‘‘(i) IN GENERAL.—A person described in required to be apportioned to any State for Federal funds made available under this Act subparagraph (A)(ii) may transfer any credit fiscal year 2010 under each of the paragraphs to the State or metropolitan planning orga- to which subparagraph (A)(i) applies through (1), (3), and (4) of section 104(b) of title 23, nization for the preceding fiscal year will— an assignment to any other person not de- United States Code, to the apportionment of (1) reduce the demand for gasoline and die- scribed in subparagraph (A)(ii). Such transfer the State under section 402 of such title for sel fuels; and may be revoked only with the consent of the the enforcement of teen drinking and driving (2) lower household transportation expend- Secretary. laws, including seat belt enforcement, under- itures. ‘‘(ii) REGULATIONS.—The Secretary shall age drinking, and other teen driving safety (b) INFORMATION, DATA, AND TECHNICAL AS- prescribe such regulations as necessary to laws, if that State is not in compliance with SISTANCE.—The Secretary, with assistance ensure that any credit described in clause (i) subsection (c)(1) on October 1, 2009. from the Bureau of Transportation Statistics is assigned once and not reassigned by such (2) FISCAL YEAR 2011.—The Secretary shall and other Federal agencies, shall provide to other person. transfer 2 percent of the amount otherwise States and metropolitan planning organiza- ‘‘(iii) TRANSFER PROCEEDS TREATED AS ARIS- required to be apportioned to any State for tions any information, data, and technical ING FROM ESSENTIAL GOVERNMENT FUNCTION.— fiscal year 2011 under each of the paragraphs assistance that would assist the States and Any proceeds derived by a person described (1), (3), and (4) of section 104(b) of title 23, metropolitan planning organizations in pre- in subclause (III), (IV), or (V) of subpara- United States Code, to the apportionment of paring the annual reports under subsection graph (A)(ii) from the transfer of any credit the State under section 402 of such title for (a). under clause (i) shall be treated as arising the enforcement of teen drinking and driving (c) INTERIM REPORT.—Not later than Sep- from the exercise of an essential government laws, including seat belt enforcement, under- tember 30, 2007, the Secretary shall submit function. age drinking, and other teen driving safety to Congress a report that describes any cu- ‘‘(C) USE OF CREDIT AS AN OFFSET.—Not- laws, if that State is not in compliance with mulative savings in fuel, the most effective withstanding any other provision of law, in subsection (c)(1) on October 1, 2010. fuel savings measures, and any other bene- the case of a person described in subclause (3) FISCAL YEAR 2012 AND THEREAFTER.—The fits identified by the States and metropoli- (I), (II), or (V) of subparagraph (A)(ii), any Secretary shall transfer 3 percent of the tan planning organizations, from the use of credit to which subparagraph (A)(i) applies amount otherwise required to be apportioned Federal funds made available under this Act may be applied by such person, to the extent to any State for each fiscal year beginning during each of fiscal years 2006 and 2007. provided by the Secretary of Agriculture, as with fiscal year 2012 under each of the para- a prepayment of any loan, debt, or other ob- graphs (1), (3), and (4) of section 104(b) of title SA 735. Mr. DORGAN submitted an ligation the entity has incurred under sub- 23, United States Code, to the apportionment amendment intended to be proposed to chapter I of chapter 31 of title 7 of the Rural of the State under section 402 of such title amendment SA 605 proposed by Mr. Electrification Act of 1936 (7 U.S.C. 901 et for the enforcement of teen drinking and INHOFE to the bill H.R. 3, to authorize seq.), as in effect on the date of the enact- driving laws, including seat belt enforce- funds for Federal-aid highways, high- ment of the Energy Tax Incentives Act. ment, underage drinking, and other teen way safety programs, and transit pro- ‘‘(D) CREDIT NOT INCOME.—Any transfer driving safety laws, if that State is not in under subparagraph (B) or use under sub- compliance with subsection (c)(1) on the first grams, and for other purposes; which paragraph (C) of any credit to which sub- day of such fiscal year. was ordered to lie on the table as fol- paragraph (A)(i) applies shall not be treated lows: as income for purposes of section 501(c)(12). SA 733. Mr. ALEXANDER (for him- On page 635, between lines 3 and 4, insert ‘‘(E) TREATMENT OF UNRELATED PERSONS.— self and Mr. GRAHAM, Mr. BURR, and the following: For purposes of subsection (a)(2)(B), sales of

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electricity among and between persons de- ‘‘(C) CREDIT NOT INCOME.—Any transfer Center to satisfy the matching requirements scribed in subparagraph (A)(ii) shall be treat- under subparagraph (B) of any credit to of section 5309(h)(4) of title 49, United Stated ed as sales between unrelated parties.’’. which subparagraph (A)(i) applies shall not Code, for the Miami North Corridor and (2) EFFECTIVE DATE.—The amendment be treated as income for purposes of section Miami East-West Corridor projects. made by this subsection shall apply to shall 501(c)(12). On page 872, strike line 24, and insert the apply to electricity produced and sold after ‘‘(D) TREATMENT OF UNRELATED PERSONS.— following: the date of the enactment of this Act, in tax- For purposes of subsection (a)(2)(B), sales of tives. able years ending after such date. electricity among and between persons de- ‘‘(e) STUDY OF METHODS TO IMPROVE ACCES- scribed in subparagraph (A)(ii) shall be treat- SIBILITY OF PUBLIC TRANSPORTATION FOR PER- SA 736. Mr. DORGAN submitted an ed as sales between unrelated parties.’’. SONS WITH VISUAL DISABILITIES.—Not later amendment intended to be proposed to (2) EFFECTIVE DATE.—The amendment than October 1, 2006, the Secretary shall amendment SA 605 proposed by Mr. made by this subsection shall apply to shall transmit to the Committee on Transpor- INHOFE to the bill H.R. 3, to authorize apply to electricity produced and sold after tation and Infrastructure of the House of funds for Federal-aid highways, high- the date of the enactment of this Act, in tax- Representatives and the Committee on way safety programs, and transit pro- able years ending after such date. Banking, Housing, and Urban Affairs of the grams, and for other purposes; which Senate a report on the effectiveness of alter- was ordered to lie on the table as fol- SA 737. Mr. INHOFE submitted an native methods to improve the accessibility of public transportation for persons with vis- lows: amendment intended to be proposed to amendment SA 605 proposed by Mr. ual disabilities. The report shall evaluate a On page 635, between lines 3 and 4, insert variety of methods and techniques for im- the following: INHOFE to the bill H.R. 3, to authorize funds for Federal-aid highways, high- proving accessibility, including installation SEC. ll. EXTENSION AND MODIFICATION OF RE- of Remote Infrared Audible Signs for provi- NEWABLE ENERGY CREDIT. way safety programs, and transit pro- sion of wayfinding and information for peo- (a) EXTENSION.—Section 45(d) (relating to grams, and for other purposes; which ple who have visual, cognitive, or learning qualified facilities) is amended by striking was ordered to lie on the table as fol- disabilities.’’. ‘‘January 1, 2006’’ each place it appears and lows: On page 900, line 18, strike ‘‘and’’. inserting ‘‘January 1, 2009’’ On page 900, line 22, strike the period and (b) TREATMENT OF PERSONS NOT ABLE TO On page 38, line 8, strike ‘‘$9,386,289’’ and insert ‘‘; and’’. USE ENTIRE CREDIT.— insert ‘‘$8,386,289’’. On page 900, after line 22, insert the fol- (1) IN GENERAL.—Section 45(e) (relating to On page 327, line 18, strike ‘‘under section lowing: definitions and special rules) is amended by 204’’. adding at the end the following new para- On page 417, line 24, strike ‘‘209’’ and insert (5) by adding at the end the following: graph: ‘‘2009’’. ‘‘(l) NOTIFICATION OF PENDING DISCRE- TIONARY GRANTS.—Not less than 3 full busi- ‘‘(10) TREATMENT OF PERSONS NOT ABLE TO On page 418, line 13, strike ‘‘$2,000,000’’ and ness days before announcement of award by USE ENTIRE CREDIT.— insert ‘‘$3,000,000’’. the Secretary of any discretionary grant, ‘‘(A) ALLOWANCE OF CREDIT.— On page 558, line 17, insert ‘‘and Boating’’ letter of intent, or full funding grant agree- ‘‘(i) IN GENERAL.—Except as otherwise pro- before ‘‘Trust’’. vided in this subsection— On page 558, line 23, strike ‘‘2004’’ and in- ment totaling $1,000,000 or more, the Sec- ‘‘(I) any credit allowable under subsection sert ‘‘2005’’. retary shall notify the Committees on Bank- (a) with respect to a qualified facility owned On page 633, line 15, strike ‘‘by all States’’. ing, Housing, and Urban Affairs and Appro- by a person described in clause (ii) may be On page 652, line 23, strike ‘‘Section’’ and priations of the Senate and Committees on transferred or used as provided in this para- insert ‘‘(a) IN GENERAL.—Section’’. Transportation and Infrastructure and Ap- graph, and On page 653, between lines 8 and 9, insert propriation of the House of Representa- ‘‘(II) the determination as to whether the the following: tives.’’. credit is allowable shall be made without re- (b) EFFECTIVE DATE.—The amendments On page 944, after line 21, insert the fol- gard to the tax-exempt status of the person. made by this section shall apply to trans- lowing: ‘‘(ii) PERSONS DESCRIBED.—A person is de- actions entered into after the date of the en- SEC.ll. TRANSIT PASS TRANSPORTATION scribed in this clause if the person is— actment of this Act. FRINGE BENEFITS. ‘‘(I) an organization described in section On page 807, after line 16, insert the fol- (a) TRANSIT PASS TRANSPORTATION FRINGE 501(c)(12)(C) and exempt from tax under sec- lowing: BENEFITS STUDY.— tion 501(a), (h) CONTRACTED PARATRANSIT PILOT.— (1) STUDY.—The Secretary of Transpor- ‘‘(II) an organization described in section (1) IN GENERAL.—Notwithstanding section tation shall conduct a study on tax-free 1381(a)(2)(C), 5302(a)(1)(I) of title 49, United States Code, transit benefits and ways to promote im- ‘‘(III) a public utility (as defined in section for fiscal years 2005 through 2009, a recipient proved access to and increased usage of such 136(c)(2)(B)), which is exempt from income of assistance under section 5307 of title 49, benefits, at Federal agencies in the National tax under this subtitle, United States Code, in an urbanized area Capital Region, including agencies not cur- ‘‘(IV) any State or political subdivision with a population of 558,329 according to the rently offering the benefit. thereof, the District of Columbia, any pos- 2000 decennial census of population may use (2) CONTENT.—The study under this sub- session of the United States, or any agency not more than 20 percent of such recipient’s section shall include— or instrumentality of any of the foregoing, annual formula apportionment under section (A) an examination of how agencies offer- or 5307 of title 49, United States Code, for the ing the benefit make its availability known ‘‘(V) any Indian tribal government (within provision of nonfixed route paratransit serv- to their employees and the methods agencies the meaning of section 7871) or any agency or ices in accordance with section 223 of the use to deliver the benefit to employees, in- instrumentality thereof. Americans with Disabilities Act (42 U.S.C. cluding examples of best practices; and ‘‘(B) TRANSFER OF CREDIT.— 12143), but only if the grant recipient is in (B) an analysis of the impact of Federal ‘‘(i) IN GENERAL.—A person described in compliance with applicable requirements of employees’ use of transit on traffic conges- subparagraph (A)(ii) may transfer any credit that Act, including both fixed route and de- tion and pollution in the National Capital to which subparagraph (A)(i) applies through mand responsive service and the service is Region. an assignment to any other person not de- acquired by contract. (3) REPORT.—Not later than 180 days after scribed in subparagraph (A)(ii). Such transfer (2) REPORT.—Not later than January 1, the date of enactment of this Act, the Sec- may be revoked only with the consent of the 2009, the Secretary shall submit to the Com- retary shall submit a report to Congress on Secretary. mittee on Transportation and Infrastructure the results of the study under this sub- ‘‘(ii) REGULATIONS.—The Secretary shall of the House of Representatives and the section. prescribe such regulations as necessary to Committee on Banking, Housing, and Urban (b) AUTHORITY TO USE GOVERNMENT VEHI- ensure that any credit described in clause (i) Affairs of the Senate, a report on the imple- CLES TO TRANSPORT FEDERAL EMPLOYEES BE- is assigned once and not reassigned by such mentation of this section and any rec- TWEEN THEIR PLACE OF EMPLOYMENT AND other person. ommendations of the Secretary regarding MASS TRANSIT FACILITIES.— ‘‘(iii) TRANSFER PROCEEDS TREATED AS ARIS- the application of this section. (1) IN GENERAL.—Section 1344 of title 31, ING FROM ESSENTIAL GOVERNMENT FUNCTION.— On page 846, after line 6, insert the fol- United States Code, is amended— Any proceeds derived by a person described lowing: (A) by redesignating subsections (g) and (h) in subclause (III), (IV), or (V) of subpara- (m) MIAMI METRORAIL.—The Secretary as subsections (h) and (i), respectively; and graph (A)(ii) from the transfer of any credit may credit funds provided by the Florida De- (B) by inserting after subsection (f) the fol- under clause (i) shall be treated as arising partment of Transportation for the exten- lowing: from the exercise of an essential government sion of the Miami Metrorail System from ‘‘(g)(1) A passenger carrier may be used to function. Earlington Heights to the Miami Intermodal transport an officer or employee of a Federal

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00210 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9355 agency between the officer’s or employee’s the Denali Commission under the terms of 12143), but only if the grant recipient is in place of employment and a mass transit fa- section 307(e) of the Denali Commission Act compliance with applicable requirements of cility (whether or not publicly owned) in ac- of 1998, as amended (42 U.S.C. 3121 note), for that Act, including both fixed route and de- cordance with succeeding provisions of this docks, waterfront development projects, and mand responsive service and the service is subsection. related transportation infrastructure.’’. acquired by contract. ‘‘(2) Notwithstanding section 1343, a Fed- On page 1291, strike lines 12 through 16 and (2) REPORT.—Not later than January 1, eral agency that provides transportation insert the following: 2009, the Secretary shall submit to the Com- services under this subsection (including by (1) For fiscal year 2005, $7,646,336,000. mittee on Transportation and Infrastructure passenger carrier) shall absorb the costs of (2) For fiscal year 2006, $8,900,000,000. of the House of Representatives and the such services using any funds available to (3) For fiscal year 2007, $9,267,464,000. Committee on Banking, Housing, and Urban such agency, whether by appropriation or (4) For fiscal year 2008, $10,050,700,000. Affairs of the Senate, a report on the imple- otherwise. (5) For fiscal year 2009, $10,686,500,000. mentation of this subsection and any rec- ‘‘(3) In carrying out this subsection, a Fed- ommendations of the Secretary regarding eral agency shall— SA 738. Mr. KYL submitted an the application of this section ‘‘(A) to the maximum extent practicable, amendment intended to be proposed to use alternative fuel vehicles to provide amendment SA 605 proposed by Mr. SA 740. Mr. SHELBY submitted an transportation services; amendment intended to be proposed to ‘‘(B) to the extent consistent with the pur- INHOFE to the bill H.R. 3, to authorize poses of this subsection, provide transpor- funds for Federal-aid highways, high- amendment SA 605 proposed by Mr. tation services in a manner that does not re- way safety programs, and transit pro- INHOFE to the bill H.R. 3, to authorize sult in additional gross income for Federal grams, and for other purposes; which funds for Federal-aid highways, high- income tax purposes; and was ordered to lie on the table; as fol- way safety programs, and transit pro- ‘‘(C) coordinate with other Federal agen- lows: grams, and for other purposes; which cies to share, and otherwise avoid duplica- Insert new section: was ordered to lie on the table as fol- tion of, transportation services provided lows: under this subsection. ‘‘SEC. 7130. TECHNICAL CORRECTION OF RIGHTS ‘‘(4) For purposes of any determination AND REMEDIES PROVISIONS. On page 1291, strike lines 12 through 16 and under chapter 81 of title 5, an individual (a) Section 14704 (Rights and remedies of insert the following: shall not be considered to be in the ‘perform- persons injured by carriers or brokers) is (1) For fiscal year 2005, $7,646,336,000. ance of duty’ by virtue of the fact that such amended as follows: (2) For fiscal year 2006, $8,900,000,000. individual is receiving transportation serv- (1) In subsection (a)— (3) For fiscal year 2007, $9,267,464,000. ices under this subsection. (A) by striking ‘IN GENERAL’ and all that (4) For fiscal year 2008, $10,050,700,000. ‘‘(5)(A) The Administrator of General Serv- follows through ‘injured’ and substituting (5) For fiscal year 2009, $10,686,500,000. ices, after consultation with the National ‘ENFORCEMENT OF ORDER-A person in- Capital Planning Commission and other ap- jured’; and SA 741. Mr. SHELBY submitted an propriate agencies, shall prescribe any regu- (B) by redesignating paragraph (2) as sub- amendment intended to be proposed to lations necessary to carry out this sub- section (b)(2); amendment SA 605 proposed by Mr. (2) In subsection (b), by striking ‘Liability section. INHOFE to the bill H.R. 3, to authorize and damages’ and all that follows through ‘A ‘‘(B) Transportation services under this funds for Federal-aid highways, high- subsection shall be subject neither to the carrier’ and substituting ‘LIABILITY AND last sentence of subsection (d)(3) nor to any DAMAGES-(1) A carrier’; and way safety programs, and transit pro- regulations under the last sentence of sub- (3) In subsection (d)(1), by striking ‘under grams, and for other purposes; which section (e)(1). subsection (b)’ and substituting ‘under sub- was ordered to lie on the table as fol- ‘‘(6) In this subsection, the term ‘passenger section (c)(2)(B)’. lows: (b) Section 14705 (Limitations on actions carrier’ means a passenger motor vehicle, On page 872, strike line 24, and insert the by and against carriers) is amended as fol- aircraft, boat, ship, or other similar means following: of transportation that is owned or leased by lows: the United States Government or the gov- (1) In subsection (c), by striking ‘file’ and tives. ernment of the District of Columbia.’’. all that follows through ‘section 14704(b)’ and ‘‘(e) STUDY OF METHODS TO IMPROVE ACCES- SIBILITY OF PUBLIC TRANSPORTATION FOR PER- (2) FUNDS FOR MAINTENANCE, REPAIR, ETC.— substituting ‘begin a civil action to recover Subsection (a) of section 1344 of title 31, damages under section 14704(b)(2)’; and SONS WITH VISUAL DISABILITIES.—Not later United States Code, is amended by adding at (2) In subsection (d), by striking ‘under than October 1, 2006, the Secretary shall the end the following: subsections (b) and (c) of this section’ and transmit to the Committee on Transpor- ‘‘(3) For purposes of paragraph (1), the substituting ‘under subsection (b) of this sec- tation and Infrastructure of the House of transportation of an individual between such tion’. Representatives and the Committee on individual’s place of employment and a mass This section shall apply to all civil actions Banking, Housing, and Urban Affairs of the transit facility pursuant to subsection (g) is pending or commenced in any court on or Senate a report on the effectiveness of alter- transportation for an official purpose.’’. after its date of enactment.’’ native methods to improve the accessibility (3) COORDINATION.—The authority to pro- of public transportation for persons with vis- vide transportation services under section SA 739. Mr. COBURN submitted an ual disabilities. The report shall evaluate a 1344(g) of title 31, United States Code (as amendment intended to be proposed to variety of methods and techniques for im- amended by paragraph (1)) shall be in addi- amendment SA 605 proposed by Mr. proving accessibility, including installation of Remote Infrared Audible Signs for provi- tion to any authority otherwise available to INHOFE to the bill H.R. 3, to authorize the agency involved. sion of wayfinding and information for peo- funds for Federal-aid highways, high- ple who have visual, cognitive, or learning SEC. ll. FUNDING FOR FERRY BOATS. way safety programs, and transit pro- Section 5309(i)(5) of title 49, United States disabilities.’’. Code, as amended by section 6011(j) of this grams, and for other purposes; which Act, is amended to read as follows: was ordered to lie on the table; as fol- SA 742. Mr. INHOFE (for Mr. TALENT ‘‘(5) FUNDING FOR FERRY BOATS.—Of the lows: (for himself and Mr. DODD)) proposed amounts described in paragraphs (1)(A) and On Page 69, Line 15, add a new subsection an amendment to amendment SA 605 (2)(A)— 6009(h), proposed by Mr. INHOFE to the bill H.R. ‘‘(A) $10,400,000 shall be available in fiscal (h) CONTRACTED PARATRANSIT PILOT.— 3, to authorize funds for Federal-aid year 2005 for capital projects in Alaska and (1) IN GENERAL.—Notwithstanding section highways, highway safety programs, Hawaii for new fixed guideway systems and 5302(a)(1)(I) of title 49, United States Code, and transit programs, and for other extension projects utilizing ferry boats, ferry for fiscal years 2005 through 2009, a recipient purposes; which was ordered to lie on boat terminals, or approaches to ferry boat of assistance under section 5307 of title 49, terminals; United States Code, in an urbanized area the table as follows: ‘‘(B) $15,000,000 shall be available in each of with a population of 558,329 according to the At the end of subtitle H of title I, add the fiscal years 2006 through 2009 for capital 2000 decennial census of population may use following: projects in Alaska and Hawaii for new fixed not more than 20 percent of such recipient’s SEC. 18ll. NOTICE REGARDING PARTICIPATION guideway systems and extension projects annual formula apportionment under section OF SMALL BUSINESS CONCERNS. utilizing ferry boats, ferry boat terminals, or 5307 of title 49, United States Code, for the The Secretary of Transportation shall no- approaches to ferry boat terminals; and provision of nonfixed route paratransit serv- tify each State or political subdivision of a ‘‘(C) $5,000,000 shall be available in each of ices in accordance with section 223 of the State to which the Secretary of Transpor- fiscal years 2006 through 2009 for payments to Americans with Disabilities Act (42 U.S.C. tation awards a grant or other Federal funds

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00211 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9356 CONGRESSIONAL RECORD—SENATE May 11, 2005 of the criteria for participation by a small to meet to conduct a markup on tablishment of this National Conserva- business concern in any program or project Wednesday, May 11, 2005, at 9:30 a.m., tion Area, and for other purposes; and that is funded, in whole or in part, by the in SD226. H.R. 486, to provide for a land exchange Federal Government under section 155 of the involving private land and Bureau of Small Business Reauthorization and Manu- Agenda facturing Assistance Act of 2004 (15 U.S.C. Land Management land in the vicinity 567g). I. Bills of Holloman Air Force Base, NM, for f S. 852, A bill to Create a Fair and Ef- the purpose of removing private land ficient System to Resolve Claims of from the required safety zone sur- AUTHORITY FOR COMMITTEES TO Victims for Bodily Injury Caused by rounding munitions storage bunkers at MEET Asbestos Exposure, and for Other Pur- Holloman Air Force Base. COMMITTEE ON ARMED SERVICES poses. [Specter, Leahy, Hatch, Fein- The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask stein, Grassley, DeWine.] objection, it is so ordered. unanimous consent that the Com- The PRESIDING OFFICER. Without SUBCOMMITTEE ON READINESS AND mittee on Armed Services be author- objection, it is so ordered. MANAGEMENT SUPPORT ized to meet during the session of the SELECT COMMITTEE ON INTELLIGENCE Mr. FRIST. Mr. President, I ask Senate on Wednesday, May 11, 2005 at Mr. FRIST. Mr. President, I ask unanimous consent that the Sub- 2:30 p.m., in closed session to mark up unanimous consent that the Select committee on Readiness and Manage- the National Defense Authorization Committee on Intelligence be author- ment Support be authorized to meet Act for fiscal year 2006. ized to meet during the session of the during the session of the Senate on The PRESIDING OFFICER. Without Senate on May 11, 2005, at 2:30 p.m. to Wednesday, May 11, 2005 at 11:30 a.m. in objection, it is so ordered. hold a hearing. closed session to mark up the readiness COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without and management support programs and TRANSPORTATION objection, it is so ordered. provisions contained in the National Mr. FRIST. Mr. President, I ask SUBCOMMITTEE ON BIOTERRORISM Defense Authorization Act for fiscal unanimous consent that the Com- PREPAREDNESS AND PUBLIC HEALTH year 2006. mittee on Commerce, Science, and Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without Transportation be authorized to meet unanimous consent that the Sub- objection, it is so ordered. on Wednesday, May 11, 2005, at 10 a.m., committee on Bioterrorism Prepared- SUBCOMMITTEE ON STRATEGIC FORCES on Spyware. ness and Public Health, be authorized Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without to hold a hearing during the session of unanimous consent that the Sub- objection, it is so ordered. the Senate on Wednesday, May 11, 2005, committee on Strategic Forces be au- COMMITTEE ON ENERGY AND NATURAL at 2 p.m. in SD–430. thorized to meet during the session of RESOURCES The PRESIDING OFFICER. Without the Senate on Wednesday, May 11, 2005 Mr. FRIST. Mr. President, I ask objection, it is so ordered. at 9 a.m. in closed session to mark up unanimous consent that the Com- SUBCOMMITTEE ON PERSONNEL the strategic forces programs and pro- mittee on Energy and Natural Re- Mr. FRIST. Mr. President, I ask visions contained in the National De- sources be authorized to meet during unanimous consent that the Sub- fense Authorization Act for fiscal year the session of the Senate on Wednes- committee on Personnel be authorized 2006. day, May 11, 2005 at 10 a.m. to meet during the session of the Sen- The PRESIDING OFFICER. Without The purpose of the hearing is to re- ate on Wednesday, May 11, 2005 at 10 objection, it is so ordered. ceive testimony on S. 895 a bill to di- a.m. in closed session to markup the f rect the Secretary of the Interior to es- personnel programs and provisions con- tablish a rural water supply program in tained in the National Defense Author- EXECUTIVE SESSION the reclamation States to provide a ization Act for fiscal year 2006. clean, safe, affordable, and reliable The PRESIDING OFFICER. Without water supply to rural residents. objection, it is so ordered. EXECUTIVE CALENDAR The PRESIDING OFFICER. Without SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS objection, it is so ordered. Mr. MCCONNELL. Mr. President, I Mr. FRIST. Mr. President, I ask COMMITTEE ON FOREIGN RELATIONS ask unanimous consent that the Sen- unanimous consent that the Sub- ate immediately proceed to executive Mr. FRIST. Mr. President, I ask committee on Public Lands and For- unanimous consent that the Com- session to consider the following nomi- ests be authorized to meet during the nation on today’s Executive Calendar: mittee on Foreign Relations be author- session of the Senate on Wednesday, ized to meet during the session of the No. 76, Maria Cino, to be Deputy Sec- May 11, 2005 at 2 p.m. retary of Transportation. I further ask Senate on Wednesday, May 11, 2005 at The purpose of the hearing is to re- 2:30 p.m., to hold a hearing on U.S.-E.U. unanimous consent that the nomina- ceive testimony on S. 100, to authorize tion be confirmed, the motion to recon- Regulatory Cooperation on Emerging the exchange of certain land in the Technologies. sider be laid upon the table, the Presi- state of Colorado; S. 235 and H.R. 816, dent be immediately notified of the The PRESIDING OFFICER. Without to direct the Secretary of Agriculture objection, it is so ordered. Senate’s action, and the Senate then to sell certain parcels of federal land in return to legislative session. COMMITTEE ON INDIAN AFFAIRS Carson City and Douglas County, NV; The PRESIDING OFFICER (Mr. EN- Mr. FRIST. Mr. President, I ask S. 404, to make a technical correction SIGN). Without objection, it is so or- unanimous consent that the Com- relating to the land conveyance au- dered. mittee on Indian Affairs be authorized thorized by Public Law 108–67; S. 741, to The nomination considered and con- to meet on Wednesday, May 11, 2005, at provide for the disposal of certain for- firmed is as follows: 9:30 a.m. in room 106 of the Dirksen est service administrative sites in the DEPARTMENT OF TRANSPORTATION Senate Office Building to conduct an State of Oregon, and for other pur- oversight hearing on Federal Recogni- poses; S. 761, to rename the Snake Maria Cino, of Virginia, to be Deputy Sec- retary of Transportation. tion of Indian Tribes. River Birds of Prey National Conserva- The PRESIDING OFFICER. Without tion Area in the State of Idaho as the f objection, it is so ordered. Morley Nelson Snake River Birds of COMMITTEE ON THE JUDICIARY Prey National Conservation Area in LEGISLATIVE SESSION Mr. FRIST. Mr. President, I ask honor of the late Morley Nelson, an The PRESIDING OFFICER. The Sen- unanimous consent that the Com- international authority on birds of ate will now return to legislative ses- mittee on the Judiciary be authorized prey, who was instrumental in the es- sion.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00212 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 CONGRESSIONAL RECORD—SENATE 9357 MEASURE PLACED ON THE 30 minutes under the control of the ma- ADJOURNMENT UNTIL 9:30 A.M. CALENDAR—S. 989 jority leader or his designee, the next TOMORROW Mr. MCCONNELL. Mr. President, I 30 minutes under the control of the Mr. MCCONNELL. Therefore, Mr. understand there is a bill at the desk Democratic leader or his designee; pro- President, if there is no further busi- that is due for a second reading. vided that following morning business, ness to come before the Senate, I ask The PRESIDING OFFICER. The the Senate resume consideration of unanimous consent that the Senate clerk will report the bill by title. H.R. 3, the highway bill, and that there stand in adjournment under the pre- The assistant legislative clerk read be 60 minutes of debate equally divided vious order. as follows: between the chairman and ranking There being no objection, the Senate, A bill (S. 989) to ensure that a Federal em- member or their designees prior to the at 6:58 p.m., adjourned until Thursday, ployee who takes leave without pay in order vote on invoking cloture on the pend- May 12, 2005, at 9:30 a.m. to perform service as a member of the uni- ing substitute amendment. formed services or member of the National I further ask unanimous consent that f Guard shall continue to receive pay in an Senators have until 10:30 a.m. to file amount which, when taken together with the second-degree amendments. pay and allowances such individual is receiv- The PRESIDING OFFICER. Without NOMINATIONS ing for such service, will be no less than the basic pay such individual would then be re- objection, it is so ordered. Executive nominations received by ceiving if no interruption in employment f the Senate May 11, 2005: had occurred. DEPARTMENT OF THE INTERIOR PROGRAM Mr. MCCONNELL. Mr. President, in MARK A. LIMBAUGH, OF IDAHO, TO BE AN ASSISTANT Mr. MCCONNELL. Mr. President, to- SECRETARY OF THE INTERIOR, VICE BENNETT WILLIAM order to place the bill on the calendar RALEY, RESIGNED. under the provisions of rule XIV, I ob- morrow, following morning business, DEPARTMENT OF STATE ject to further proceeding. the Senate will resume consideration of the highway bill. We will then have PAMELA E. BRIDGEWATER, OF VIRGINIA, A CAREER The PRESIDING OFFICER. Objec- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF tion is heard. 60 minutes for debate before the clo- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ture vote on the pending substitute. It DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The bill will be placed on the cal- OF AMERICA TO THE REPUBLIC OF GHANA. endar. is my hope that cloture will be invoked WILLIAM ALAN EATON, OF VIRGINIA, A CAREER MEM- so we can move closer toward com- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- f ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- pleting our work on this important leg- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ORDERS FOR THURSDAY, MAY 12, islation. Following the vote, we will OF AMERICA TO THE REPUBLIC OF PANAMA. 2005 HENRIETTA HOLSMAN FORE, OF NEVADA, TO BE AN continue working through whatever UNDER SECRETARY OF STATE (MANAGEMENT), VICE Mr. MCCONNELL. Mr. President and amendments are left. A number of GRANT S. GREEN, JR., RESIGNED. Members of the Senate, I ask unani- amendments have indeed been filed, mous consent that when the Senate and Senators who wish to offer amend- f completes its business today, it stand ments should contact the managers at in adjournment until 9:30 a.m. tomor- once. Senators should expect rollcall CONFIRMATION row, Thursday, May 12. I further ask votes throughout the day in relation to Executive nomination confirmed by consent that following the prayer and amendments to the bill. the Senate: Wednesday, May 11, 2005: pledge, the morning hour be deemed Again, it is our intention to complete expired, the Journal of proceedings be action on this important legislation DEPARTMENT OF TRANSPORTATION approved to date, the time for the two this week. Senators should expect busy MARIA CINO, OF VIRGINIA, TO BE DEPUTY SECRETARY OF TRANSPORTATION. leaders be reserved, and the Senate days for the remainder of the week and THE ABOVE NOMINATION WAS APPROVED SUBJECT TO then begin a period of morning busi- are certainly asked to plan accord- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ness for up to 60 minutes, with the first ingly. CONSTITUTED COMMITTEE OF THE SENATE.

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PAYING TRIBUTE TO ART Campuses at Montrose and Castle Point. Over PAYING TRIBUTE TO VIVIEN SPITZ WEINTRAUB the years, Art has served in a variety of com- munity service positions, including as presi- HON. THOMAS G. TANCREDO HON. MAURICE D. HINCHEY dent of the Newburgh Consolidated District OF COLORADO OF NEW YORK Board of Education and as co-chair of the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Community Partnership for a Healthy West- Wednesday, May 11, 2005 Wednesday, May 11, 2005 chester Task Force. He has served as an offi- Mr. TANCREDO. Mr. Speaker, I would like Mr. HINCHEY. Mr. Speaker, I rise today to cer on the governing boards of numerous or- to take a moment to honor Vivien Spitz for her honor Arthur E. Weintraub for his distin- ganizations and institutions, including St. dedication and devotion to the court reporting guished professional career, spanning nearly Luke’s Hospital, the American Health Planning profession over the past six decades. She has five decades. As Art prepares to retire from Association, Westchester Health Foundation, given so much to the court reporting profes- his position as President of the Northern Met- Mid-Hudson Pattern for Progress, Pace Uni- sion and gained the admiration of friends and ropolitan Hospital Association, I would like to versity Nursing School and Law School Health colleagues. recognize and thank him for his tremendous Advisory Boards, Business School Advisory Vivien Spitz has played a valuable role in leadership in the Hudson Valley region of New preserving history and documenting events of York, including his more than 23 years of Board of SUNY New Paltz, Hudson Valley Technology Development Center, Greater epic proportion throughout her career. She is service to this important regional hospital or- a Fellow of the Academy of Professional Re- Hudson Valley Coordinating Council, Metro- ganization. Prior to this position, Art worked as porters of the National Court Reporters Asso- Executive Director of the Hudson Valley politan Transportation Authority Management ciation. Ms. Spitz was an Official Reporter of Health Systems Agency, and earlier as Senior Advisory Committee, Orange County Charter Debates and Chief Reporter in the United Vice-President of Mid-Hudson Pattern for Review Commission, Orange County Child States House of Representatives from 1972 to Progress. Before moving to the Hudson Val- Study Center Advisory Board and Congrega- 1982. During this time she reported Presidents ley, Art also worked with the U.S. Army Corps tion Agudas Israel. He is also a Charter Mem- Nixon, Ford, Carter, and Reagan on their of Engineers and later held a senior planning ber of the American Institute of Certified Plan- State of the Union Addresses to the Nation. position with the Tri-State Regional Planning ners. Vivien also reported all foreign Heads of Commission. Art’s broad expertise in regional State who addressed Congress during this pe- Art received his Bachelor’s Degree from planning and health care policy and manage- riod including King Juan Carlos of Spain, ment have made him an invaluable resource Hunter College, and a Masters Degree from President Anwar Sadat of Egypt, and Prime to our region and to the many hospitals and New York University’s Graduate School of Minister Itzhak Rabin of Israel. She reported communities that are served by Normet. Public Administration. He also completed the President Carter’s establishment in 1978 of Over the course of more than two decades, Executive Program in Health Policy and Man- the President’s Commission on the Holocaust, Art has skillfully balanced the interests of our agement at Harvard University’s School of appointing Elie Wiesel as Chairman. She was local community hospitals in a seven-county Public Health. Art currently is an adjunct pro- also the first woman reporter in the U.S. Sen- area of the Hudson Valley, working to find fessor at the New School University’s Grad- ate on temporary assignments during 1969, common ground among institutions with a uate School of Management, and has held 1970, and 1971 out of her Denver district wide array of challenges and in some cases, faculty appointments at New York Medical court. competition among themselves. Through Art’s By contract with the United States War De- College and Vassar College. He has had nu- careful and persistent efforts, Normet has partment, Ms. Spitz reported the Nuremberg merous articles on health and environmental served as an effective advocate to help our War Crimes Trials in Germany from 1946 to public hospitals meet serious challenges and policy issues published in professional jour- 1948, including the Nazi Doctors Case. She maintain their financial stability in a quickly nals. recorded verbatim the words that came from changing and demanding environment. Under In addition to these numerous professional the mouths of witnesses and victims who sur- Art’s leadership, Normet has promoted impor- credentials, it must be noted that Art is per- vived the heinous experiments ‘‘in the name of tant public policy initiatives that improve and sonally regarded as a friend to many of us in scientific medical research’’ conducted by doc- strengthen our regional hospitals, helping to tors who had taken the Oath of Hippocrates to ensure the continued availability of quality the Hudson Valley. He inspires great loyalty in the members of his association and affection heal and cure, turned into doctors who be- health care services for the fast growing Hud- came torturers and murders. Through the from the countless others with whom he has son Valley region. record that she helped to create this serious Art has received numerous honors over his worked over the years, including many of my tragedy will never be forgotten. career including being named a National En- colleagues in the New York congressional del- Mr. Speaker, I would like to thank Vivien for dowment for the Humanities Fellow for study egation. He will be sorely missed by those of her years of work and dedication to her pro- at Princeton University in 1977. He has been us who have had the pleasure of working with fession. The history that she has preserved honored by the American Red Cross, the Ar- him. through her devoted work as a court reporter thritis Foundation, the Greater Hudson Valley will never be forgotten. Family Health Center, area chambers of com- Mr. Speaker, I am delighted to congratulate f merce and a host of community service orga- Art Weintraub and his family on his upcoming nizations. In 1997, he was selected national retirement after so many years of service to SECURE ACT OF 2005 chairman of the U.S. Conference of Metropoli- the Hudson Valley Region. I would like to take tan Hospital Associations, and in 2004 re- this opportunity to offer my very best wishes to HON. JOE BACA ceived the Award of Distinction as the Hudson Art for a healthy and happy retirement along OF CALIFORNIA Valley Healthcare Executive of the Year. with my deep appreciation for his vision, dedi- IN THE HOUSE OF REPRESENTATIVES In addition to his leadership at Normet, Art cation and hard work over his impressive ca- Wednesday, May 11, 2005 has volunteered a great deal of time and en- reer. ergy to improving our region. Recently, Art Mr. BACA. Mr. Speaker, today, following was appointed by the U.S. Secretary of Vet- two school bus crashes that resulted in mul- erans Affairs to an advisory panel for the VA tiple injuries and fatalities in the last month, I

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

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00214 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9359 reintroduced the SECURE Act of 2005, which First, the President did not request the $200 Dr. Harris serves on the faculty of the requires all school buses to have safety belts. million as a direct payment to the Palestinian School of Education at UW-Milwaukee. He is Just yesterday, 23 children were injured in a Authority. As Administration officials have re- currently chairperson of the Department of bus crash in Missouri. Video from another ac- peatedly stated publicly and in communica- Educational Policy and Community Studies, cident in 2003 in Ohio shows 30 children lit- tions with Congress, this funding was re- and was the founder of the Peace Studies erally falling out of their seats and being quested predominantly for projects that benefit Certificate Program. He is widely known in na- thrown against the other side of the bus. How the Palestinian people. For instance, Secretary tional and international circles for his work in can we say that our school buses are safe? Rice on February 16 testified before the For- the field of peace research. We cannot wait for another tragedy to occur. eign Operations Appropriations Subcommittee The hallmark of Dr. Harris’ work is his dedi- It is time for Congress to take action. and on February 17 before the House Inter- cation to non-violence and peaceful methods Since we were old enough to ride in cars, national Relations Committee that most of of conflict resolution. He has published numer- we were taught to buckle our safety belts. We these funds would be used for projects, not di- ous articles and books, including one that of- have taught our children these basic safety rect payments to the Palestinian Authority. In fers peacebuilding strategies for educators lessons to potentially save their lives during fact, the supplemental conference agreement and community leaders who work with young collisions. Yet, one of the most frequent forms includes a chart highlighting how assistance people. of transportation used by school-aged children should be provided on a project-by-project Dr. Harris’ approach is certainly relevant to is not equipped with any life-saving safety basis. This chart directly tracks the justification the needs of young people in my district. I belts. How can we not give our children the material provided by the Administration to sup- thank him on behalf of the students he teach- safest possible ride by assuring that all school port its supplemental request and establishes es at UW-M, as well as the broader Mil- buses are equipped with safety belts? a mechanism for proper Congressional over- waukee community. Currently, only six states require safety belts sight and intent. f on school buses, including California, which Second, it is simply incorrect to call an addi- was the first state to require three-point safety tional $200 million of U.S. taxpayer assistance TRIBUTE TO MAYOR JOSEPH belts. The remaining states use the ‘‘compart- a ‘‘no-confidence vote’’ for Mr. Abbas. There is CHIUSOLO mentalization’’ method to secure the safety of widespread Congressional support and con- the occupant. This method assures a reason- fidence in Mr. Abbas which is reflected by the HON. BILL PASCRELL, JR. able level of safety in frontal crashes; how- $200 million provided in the supplemental and OF NEW JERSEY ever, a 1999 report by the National Transpor- the $75 million provided in the fiscal year 2005 IN THE HOUSE OF REPRESENTATIVES tation Safety Board found that compart- appropriations bill. This constitutes a nearly Wednesday, May 11, 2005 mentalization does not adequately protect pas- three-fold increase in U.S. assistance to the sengers from lateral impact and rollover crash- Palestinian people in just six months. As the Mr. PASCRELL. Mr. Speaker, I am honored es because passengers do not always remain final bill makes clear, these funds are provided to take this opportunity to direct your attention completely in their seats. Also, the national with the same terms and conditions that have to the life of a remarkable individual, Mayor Highway Traffic Safety Administration con- applied to Palestinian assistance in years Joseph Chiusolo of Cedar Grove, New Jersey, cluded that there is less trauma to the head past. Under these terms, the President may who was recognized on Friday, May 6, 2005 and neck of passengers wearing 3-point safety provide direct payments to the Palestinian Au- as Man of the Year by UNICO National. belts. thority only if he certifies to Congress that Joseph Chiusolo was the son of a fire cap- Many people argue that the cost of installing such assistance is important to our country’s tain and spent his formative years living in Jer- safety belts on school buses is too high, when national security interests. sey City. He attended catholic elementary in fact it is only about $1.80 per child. That is Finally, the final bill requires that $50 million school before moving on to the Hudson Coun- a minimal cost to pay to protect a child’s life. of the assistance should be provided to Israel ty Vocational School in North Bergen. Mayor I hope that my colleagues will join me in co- to improve the movement of people and goods Chiusolo has accredited much of his success sponsoring this legislation. We should not offer to benefit the Palestinian people. A stable Pal- and accomplishments to his adolescent expe- our children anything less than the safest ride estinian state must be built on economic de- riences in Jersey City which inspired him to to school each day. velopment, and economic development must dedicate his life to enhancing the lives of oth- f be built upon a smooth flow of goods and peo- ers. ple to and from the Palestinian territories and At the age of 14, Joseph began volunteering CORRECTING MISCHARACTERIZA- Israel. The Congress also made it clear that his time at the Secaucus Ambulance Corp. TIONS IN PRESS REGARDING AS- infrastructure will have to be developed in both and the American Red Cross. Upon reaching SISTANCE FOR PALESTINIANS the Palestinian and Israeli territories. his eighteenth birthday, he became an Emer- Mr. Speaker, it concerns me that editorial gency Medical Technician at the Jersey City HON. JIM KOLBE boards of certain newspapers would make Medical Center. Joseph continued to work OF ARIZONA such strong statements about out lack of sup- hard and eventually his sacrifices and efforts IN THE HOUSE OF REPRESENTATIVES port for the Palestinian people based on inac- were rewarded. In 1978 he became Assistant Director for Wednesday, May 11, 2005 curate information. These issues are too deli- cate and too important to be damaged by the American Red Cross Disaster Services. Mr. KOBLE. Mr. Speaker, I rise to correct careless journalism. He was primarily responsible for the coordina- mischaracterizations in the press regarding as- f tion of emergency disaster responses in Jer- sistance for the Palestinians included in the sey City and Hoboken. While serving at this fiscal year 2005 Emergency Supplemental that TRIBUTE TO DR. IAN HARRIS, IN post, in 1979, Joseph arrived at the scene of passed Congress on May 10. As my col- RECOGNITION OF THIRTY YEARS a burning building before the Fire Department leagues are aware, the conference agreement OF SERVICE TO THE UNIVERSITY and subsequently rescued the occupants. includes $200 million in assistance for the Pal- OF WISCONSIN-MILWAUKEE After this experience, he vowed to do all he estinian people. Contrary to statements of oth- could to educate people about Fire Safety. It ers, this is the amount requested by the Presi- HON. GWEN MOORE was at this time, that Joseph started a T-shirt dent. OF WISCONSIN screen printing business in the basement of Several recent articles and editorials have IN THE HOUSE OF REPRESENTATIVES his parents’ home which became known as inaccurately portrayed the way in which Con- ‘‘Turn Out Fire and Safety.’’ He became a gress provided this funding. The inaccuracies Wednesday, May 11, 2005 major supplier of Police, Fire, and EMS uni- contained in these articles do not reflect the Ms. MOORE of Wisconsin. Mr. Speaker, I forms as well as protective clothing throughout intent of the Administration or Congress and rise to today to congratulate a distinguished the tri-state area. threaten to undermine the good work of the constituent of the Fourth Congressional Dis- Joseph Chiusolo moved to Cedar Grove, United States in supporting a lasting peace in trict, Dr. Ian Harris, who was recently honored New Jersey in 1989 and immediately volun- the Middle East. These inaccuracies must be for 30 years of service to the University of teered his time to the Zoning Board of Adjust- corrected. Wisconsin-Milwaukee. ment. He quickly became a fixture within the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00215 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9360 EXTENSIONS OF REMARKS May 11, 2005 town and was elected by the residents to 2005, the Gary NAACP will hold its 42nd An- Yvonne Ewell Townview Magnet School for serve on the town council in 1997. Since that nual Life Membership Banquet and Scholar- Engineering and Science for receiving the ex- time, Joseph has served two terms as Deputy ship Dinner at the St. Timothy Fellowship Hall traordinary honor of being ranked as one of Mayor and two terms as Mayor. in Gary, Indiana. the top schools in the country. As a former mayor and the Congressman This annual event is a major fundraiser for Each year, Newsweek chooses this distinct for the Eighth Congressional District of NJ, I the Gary branch of the NAACP. The funds group from a pool of more than 27,000 high cannot think of another individual who has generated through this activity, and others like schools in America. Newsweek unveiled its given more to Cedar Grove. Thus it is only fit- it, go directly to the organization’s needed pro- current list in the latest, May 16th edition. ting that he be honored, in this, the permanent grams and advocacy efforts. The featured record of the greatest freely elected body on speaker at this gala event will be Attorney The Best High Schools list is assessed by Earth. Dennis Wayne Archer. Attorney Archer will be using a ratio based on the number of Ad- Mr. Speaker, I ask that you join our col- honored with the Roy Wilkins Award. Archer is vanced Placement (AP) and/or International leagues, the Township of Cedar Grove, Jo- the Immediate Past President of the American Baccalaureate (IB) tests taken by all students seph’s family, friends, and me in recognizing Bar Association. He is the first person of color at a school in 2004, divided by the number of the outstanding service of Mayor Joseph to hold the position as president of the ABA. graduating seniors. This formula is said to in- Chiusolo. Attorney Archer is also the former Mayor of dicate a wide measure of students’ readiness for higher level work. Based on this formula, f the City of Detroit. Attorney Fred Work will be honored with the Townview was ranked number six in the na- IN MEMORY OF RAMON WAGNER Benjamin Hooks Award. Attorney Work is a tion, and number one in the State of Texas. distinguished attorney who has provided legal I am absolutely delighted that Townview has HON. GWEN MOORE services to many citizens, not only in the com- received a recognition I have long touted. OF WISCONSIN munity of Gary, but also throughout the State Located in my district of Dallas, Texas, IN THE HOUSE OF REPRESENTATIVES of Indiana. Attorney Work was the first African- Townview Magnet is one of the most diverse American Judge in Lake County. Work was Wednesday, May 11, 2005 schools in the state. More than two-thirds of also the first African-American to graduate Townview’s student body consists of minori- Ms. MOORE of Wisconsin. Mr. Speaker, I from Vanderbilt Law School and the first Afri- ties. rise today to celebrate the life and accomplish- can-America to be nominated by the Demo- ments of Ramon Wagner, a Milwaukee resi- cratic Party for statewide office. For the last four consecutive years, dent and an advocate for low-income people The Gary NAACP would also like to recog- Townview has ranked number one in the na- whose legacy will live on despite his untimely nize the accomplishments of the West Side tion, in the number of minority students to death on April 15, 2005. High School girls basketball team. The team’s pass advanced calculus. Mr. Wagner, who founded Community Advo- record is 24–4. The team’s winning accom- It has been discussed on numerous occa- cates in 1976 and served as its Executive Di- plishments include: the Gary Holiday Tour- sions and in numerous venues that the United rector, dedicated his life to serving the Mil- nament, the Northwest Conference, the East States will not be able to lead—nor for that waukee community. For almost 30 years, Chicago Sectional, the Valparaiso Regional, matter, successfully compete—in the global Community Advocates endeavored to be a and the Elkhart Semi-State finals. Those team economy if we cannot put a stop to the con- place where people in need could come for players I would like to applaud are Michelle tinuing shortage of highly qualified scientific help. In service of Mr. Wagner’s vision, Com- Hamblin, Isabell Rhenwrick (recipient of the and technology brainpower in this country. munity Advocates developed and implemented 2004–2005 Patricia L. Roy Mental Attitude In response to this, in 2003, under the tute- a range of services that help low-income fami- Award) Ashley Cheairs, Ashley Gates, Farren lage of Dr. Da Hsuan Feng, I partnered with lies cope with the everyday challenges of liv- Congress, Candise Matthews, Shanee’ Butler, the University of Texas at Dallas to sponsor a ing in poverty. Erica Simpson, Jaime Sherls, Lecreia Hudson, lecture series designed to expose Dallas-area Low-income people throughout Wisconsin Loreal Brown, Jasmine Brown, Moenesha high school students to the best and brightest can thank Mr. Wagner for helping to organize Headen, Sydney Pettigrew, Ashley Woods, Ni- minds in mathematics and science in order to the moratorium on natural gas shut-offs during cole Moore, Britney Peeples, and Britney Har- promote career opportunities in those fields. the winter months. He negotiated an agree- ris. I would also like to recognize Head Coach Various leaders in these fields have partici- ment with the gas company after an elderly Rod Fisher and Assistant Coaches Darryl pated in the lectures series, including, world- woman died in her unheated apartment in Brandford, Erza Alexander, and Arnetta Gates. renowned sickle cell researcher, Dr. Betty 1984, because her landlord had not paid the Their leadership both on and off the basketball Pace; Nobel Laureate, Dr. Russell Hulse, and heating bill. court is a valuable resource to the girls on the the remarkable Dr. Shirley Ann Jackson, Mr. Wagner will be remembered as a cham- West Side girls basketball team. President Rensselaer Polytechnic Institute. pion of services for low-income people, but he Mr. Speaker, I ask you and my other distin- also leaves a strong legacy in his efforts to guished colleagues to join me in paying tribute This honor is of particular significance, as I strengthen the network of service organiza- to the new life members as well as the other have long championed the need for more em- tions. He understood that connecting to others’ members of the Gary NAACP for the efforts, phasis in science and math education, particu- efforts would magnify the impact of scarce re- activities, and leadership that these out- larly for young children. I believe these stu- sources. standing men and women have championed dents and others like them will become tomor- Ramon’s was a well-lived life. I salute him to improve the quality of life for all residents of row’s leaders in the fields of science and tech- for his dedication to serving others. Indiana’s First Congressional District. nology. Showing students the importance and f f the value of the science and technology fields is a life long process. RECOGNIZING AND COMMENDING CONGRATULATING YVONNE EWELL It cannot happen overnight. It begins here MEMBERS OF GARY INDIANA, TOWNVIEW MAGNET SCIENCE and now. I implore our community leaders to BRANCH OF NAACP AND ENGINEERING SCHOOL ON also encourage science education in young BEING SELECTED AS ONE OF men and women. HON. PETER J. VISCLOSKY THE NATION’S TOP SCHOOLS BY I would like to commend Townview’s OF INDIANA NEWSWEEK Science and Engineering School principal, IN THE HOUSE OF REPRESENTATIVES Richard White and Executive Principal Alice Wednesday, May 11, 2005 HON. EDDIE BERNICE JOHNSON Black for their ‘‘leadership and commitment to OF TEXAS these students. Mr. VISCLOSKY. Mr. Speaker, it is my dis- IN THE HOUSE OF REPRESENTATIVES tinct pleasure to recognize and commend the Mr. Speaker, again, I congratulate the stu- members of the Gary, Indiana, branch of the Wednesday, May 11, 2005 dents, teachers, principals and parents of National Association for the Advancement of Ms. EDDIE BERNICE JOHNSON of Texas. Townview Magnet School in Science and En- Colored People (NAACP). On Friday, May 13, Mr. Speaker, I would like to congratulate gineering on this distinguished honor.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00216 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9361 LEGISLATION TO TREAT EMPLOY- U.S. income taxes. Unfortunately, the EU does HONORING THE WORK OF MENT TAXES PAID TO THE EU not qualify as a foreign country for purposes of MOHAMMED JAFFER BY EMPLOYEES OF THE EU AS the foreign tax credit. INCOME TAXES PAID TO A FOR- As such, today I am introducing legislation HON. FRANK PALLONE, JR. EIGN COUNTRY FOR PURPOSES OF NEW JERSEY OF THE FOREIGN TAX CREDIT that amends the Internal Revenue Code to treat employment taxes paid to the European IN THE HOUSE OF REPRESENTATIVES HON. TOM UDALL Union by employees of the European Union Wednesday, May 11, 2005 OF NEW MEXICO as income taxes paid to a foreign country, for Mr. PALLONE. Mr. Speaker, I rise this IN THE HOUSE OF REPRESENTATIVES purposes of the foreign tax credit. This bill will evening to honor Mohammed Jaffer. Mr. Jaffer allow Mr. Nied, and others in his situation, to is a talented photographer and a dedicated in- Wednesday, May 11, 2005 qualify for the foreign tax credit. dividual whom I have had the pleasure of Mr. UDALL of New Mexico. Mr. Speaker, I knowing for years. Mr. Speaker, this is a simple bill that brings rise today to introduce legislation to correct an Mr. Jaffer was born in Hyderabad, India to outdated tax law that is forcing a husband and a section of the tax code up to date with the a family wedded to the camera. His father, the wife of 27 years from my district to live thou- changes in international political institutions. late M.A. Rahim, was a renowned photog- sands of miles apart during what should be While it certainly will help Mr. and Mrs. Nied, rapher, widely admired for his skill and vision. the golden years of their retirement together. this legislation will also help other families who It was a popular belief that no one in the state In introducing this legislation, however, I seek face the same situation. I urge my colleagues of Andhra Pradesh could be deemed truly fa- to not only assist the couple in my district who to support this legislation and pass it quickly to mous until Mr. Jaffer’s father had photo- has brought this inequity to my attention, but allow the Nieds, and others, to be permanently graphed them. also to assist any other families facing the reunited so that they may enjoy their years of Having grown up in a house where every- same problem. retirement in the company of their loved ones. one looked at the world through a camera Mrs. Novella Wheaton Nied, a U.S. citizen lens, it was only natural for Mr. Jaffer to follow and native Taosen˜a, and Veit Nied, a German f suit. Not content to limit himself to his home- citizen, called my attention to this issue early town or even his home country, he set himself last year. The Nieds have been married al- COMMENDING NATIONAL a much broader goal. Accordingly, at the ten- most 30 years and have lived overseas in var- HEPATITIS B AWARENESS WEEK der age of 19, he graduated from Nizam Col- ious countries for the length of their marriage lege in Hyderabad and came to the United until September 2001. Mr. Nied, an economist, States with just his camera and a dream. Mr. retired in September 2001 from the European HON. TED STRICKLAND Speaker, it turns out that the United States Commission in Brussels, Belgium. The couple has proved to be a land of opportunity for Mr. decided to return to Taos, New Mexico, OF OHIO Jaffer. Novella’s home, for their retirement years, but IN THE HOUSE OF REPRESENTATIVES Within a year, he formed his own news learned upon Veit’s approval of permanent photo agency, SnapsIndia, and was well on resident status in the United States that his Wednesday, May 11, 2005 his way to becoming the most-widely pub- pension from the European Commission would lished Indian photographer in the country. In Mr. STRICKLAND. Mr. Speaker, I am be subject to double taxation—the initial tax by the next 15 years, Jaffer photographed various the European Commission, and again by the pleased to lend my support for House Resolu- prime ministers and heads of states from dif- U.S. should he choose to make his residency tion 250, supporting the goals and ideals of a ferent South Asian countries and around the here. National Hepatitis B Awareness Week. world, as well as United Nations meetings and Double taxation on his pension will create a We possess the weapons to combat hepa- World Summits in New York. hardship for the Nieds in their retirement— titis B, including vaccination and treatment. Having established himself in America, he both financially and emotionally. As a result, For those infected, treatment options exist that began to cover high-profile events around the Mr. Nied did not accept the permanent resi- are designed to stop the progression of liver world such as the 1991 Cricket World Cup in dent status and has been traveling back and Australia and New Zealand, the 1992 Aus- disease and reduce liver damage. It is encour- forth between Germany and the United States, tralian National Laser Sailing Regatta, the U.S. being very cognizant and diligent about fol- aging that educational programs like the ‘‘Aim Open in tennis for the past 7 years, the 1996 lowing U.S. immigration and taxation laws, for the B’’ campaign during National Hepatitis Americas Cup in San Diego, as well as beauty and therefore has not stayed longer than 120 B Week will raise awareness about chronic pageants and fashion shows worldwide. days per annum in the United States, which hepatitis B. I am also impressed with commu- The highlight of Mr. Jaffer’s career, how- would render him liable for taxes in this coun- nity forums scheduled this week to educate ever, came when he was invited to accom- try. This unfortunate living situation has been those currently living with the disease as well pany President Bill Clinton to India in March of ongoing since 2001 when they learned of the as their doctors about new and improved 2000. As part of the White House entourage, double taxation and have been seeking a so- methods that can prevent its transmission and Mr. Jaffer had access to the President that no lution that would allow them to once again live progression to liver disease. other Indian photographer could lay claim to. together. For five days, he photographed President Clin- During this time, the Nieds have cor- As we recognize National Hepatitis B ton in some of the most picturesque, and his- responded with the IRS seeking a solution to Awareness Week, I encourage Americans who toric locations on earth, capturing the leader of the problem, to no avail. I have consulted with may be at risk for chronic hepatitis B to get the Free World in both private, pensive mo- the IRS, as well as with the Congressional Re- tested for the disease and to understand there ments and at spectacular public events. search Service, seeking a solution short of in- is a large group of patients who do need treat- In 2001, Mr. Jaffer once again accompanied troducing legislation, but it has become clear ment right now. With increased awareness, President Clinton to India when he visited that only legislation will remedy this problem. education and treatment for the disease, we areas in the western state of Gujarat that had The IRS tax code is outdated and does not can help stop the progression of hepatitis B to been devastated by an earthquake. President recognize such multinational organizations as liver damage and liver disease. Clinton, who had admired the photos, inaugu- the EU for purposes of the foreign tax credit. rated the exhibition of Mr. Jaffer’s photos of Mr. Speaker, I join my colleagues in reflect- As a result, the Nieds, and most likely other the presidential visit at Regent Wall Street families in the United States, find themselves ing on the importance of the work being done hotel in New York on June 12, 2001. That in this unfortunate predicament. The United to combat chronic hepatitis B and recognize same year, Mr. Jaffer covered the inaugura- States has tax agreements with many coun- the fact that this is a preventable and treatable tion and oath ceremony of President George tries to prevent double taxation, as well as disease. I appreciate the opportunity to convey W. Bush. provisions in the tax code that allow resident my support for House Resolution 250 and to Having established SnapsIndia, the first aliens who pay taxes to a foreign country to recognize the need for more federal attention news photo service specialized to cater to the claim the foreign tax credit that reduces their on hepatitis B. South Asian community in the United States,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00217 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9362 EXTENSIONS OF REMARKS May 11, 2005 Mr. Jaffer has fulfilled the dream his father great achievement and service to their com- the Mount Olive Baptist Church has been a started 25 years ago when SnapsIndia was munity. I am delighted to recognize the Ken- important part of the Lake Charles community, first established in Hyderabad, India. With tucky Country Day School for this momentous making countless contributions to the moral SnapsIndia Jaffer has woven bridges and con- accomplishment. fabric of Southwest Louisiana. Today I want to tributed to strengthening the ties between f praise this church especially for its commit- India and the United States through photo- ment to the education of our youth. For the journalism. THE RETIRED PAY RESTORATION past twenty-five years, Mount Olive has run ACT AND THE MILITARY SUR- f scholarship program that has allowed students VIVING SPOUSES EQUITY ACT in my district to become better educated and RECOGNITION FOR KENTUCKY (H.R. 303 AND H.R. 808) productive members of our society. COUNTRY DAY SCHOOL In 1980, Brother Charles Ellis came to the HON. CONNIE MACK delegation with the idea of providing edu- HON. ANNE M. NORTHUP OF FLORIDA cational scholarships for children of the com- OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES munity. Under the supervision of Reverend IN THE HOUSE OF REPRESENTATIVES N.D. Lee, the congregation began awarding Wednesday, May 11, 2005 scholarships to local students for $400. Today Wednesday, May 11, 2005 Mr. MACK. Mr. Speaker, I rise today in sup- the church awards scholarships of $1,000. So Mrs. NORTHUP. Mr. Speaker, I would like port of our greatest national treasure—our vet- far, over seventy students have benefited from to recognize the philanthropic work of forty erans. Throughout our Nation’s history, brave this program. high-school students at Kentucky Country Day men and women have been committed to pro- This marks the 25th year that Mount Olive School in Louisville, Kentucky whose original tecting our freedom, security and prosperity. It Baptist Church has supported the educational fund-raising work on behalf of local organiza- is only right for us to do all we can to help dreams of students. The church has taken tions won them nationwide recognition for cur- those who have fought to keep us free. That upon itself the mission of improving their com- riculum innovation in February 2005 by the is why I rise in support of two thoughtful and munity in the most important way possible—by Washington, D.C.-based National Association prudent pieces of legislation: H.R. 303—The seeing to the education of tomorrow’s leaders. of Independent Schools (NAIS). Kentucky Retired Pay Restoration Act of 2005 and H.R. I thank Mount Olive Baptist Church for this tre- Country Day School was one of three schools 808—The Military Surviving Spouses Equity mendous service and wish them all the best in nationally to receive this prestigious honor Act, sponsored by Mr. MICHAEL BILIRAKIS and continuing to set such a fine moral example in through the Leading Edge Program run by Mr. HENRY BROWN, respectively. Southwest Louisiana. NAIS. The Leading Edge Program was cre- Mr. Speaker, these two critical pieces of leg- f ated to explore, encourage, support and re- islation are smart, balanced and respectful of CHRONIC FATIGUE AND IMMUNE ward exceptional and innovative achievement the time served by our Nation’s veterans and DYSFUNCTION SYNDROME in the areas of community relations, curriculum the sacrifices made by their families. AWARENESS DAY innovation, equity and justice initiatives and The Retired Pay Restoration Act would ad- technology. This award is a testament to Ken- dress a policy that has long been unfavorable tucky Country Day School’s commitment to to the men and women who have returned HON. TOM UDALL developing and enhancing the leadership skills home from battle. This legislation will let our OF NEW MEXICO of the youngest and brightest among us disabled veterans receive not only the dis- IN THE HOUSE OF REPRESENTATIVES through its unique Philanthropy course. ability compensation they deserve, but the re- Wednesday, May 11, 2005 Philanthropy is no easy endeavor. Andrew tired benefits they have toiled long and hard to Mr. UDALL of New Mexico. Mr. Speaker, Carnegie once said, ‘‘I resolved to stop accu- receive. It is incumbent upon us to mark the May 12th is Chronic Fatigue and Immune Dys- mulating and begin the infinitely more serious time given by these brave individuals with ap- function Awareness Day. and difficult task of wise distribution.’’ With a propriate legislation, such as this, that honors Chronic Fatigue and Immune Dysfunction $10,000 grant, these high school students their courage and dignity. Syndrome afflicts more than 800,000 Ameri- began this ‘‘serious and difficult task’’ by cre- I am also proud to support and cosponsor cans. CFIDS, also known as Chronic Fatigue ating a mission statement to help define their the Military Surviving Spouses Equity Act. This Syndrome (CFS) and myalgic encephalo- purpose and goals for The Artemis Fund, the common sense bill ensures surviving hus- myelitis, is a complex and debilitating medical charitable trust which they themselves oper- bands and wives of our veterans will still be disorder characterized by profound exhaus- ated. As trustees, these students were faced able to count on the consistent income earned tion, intense widespread pain, and severe with the challenge of raising funds through by their spouses in service to our country. problems with memory and concentration. It telephone solicitations and establishing rules Mr. Speaker, with the passing of the War usually lasts for years, and many never re- and procedures for giving and selecting worthy Supplemental last week, this body came to- cover. Because the symptoms of CFS are causes to fund. gether to raise death benefits for our soldiers common to other conditions and no diagnostic Since the course’s inception in 2001, The and sailors who have made the ultimate sac- test exists, it is often overlooked by health Artemis Fund has dispensed just over $19,000 rifice. I was proud to enthusiastically support care providers. In fact, government studies to local organizations. This year, among the that measure. It is with that same spirit that I show that only 15 percent of those who have recipients chosen by The Artemis Fund were ardently urge my colleagues to again put poli- CFS have been diagnosed by their doctor. It The Deaf Oral School and Youth Alive, a tics aside, come together, and pass these pa- is even more difficult for CFS patients to get western Louisville after-school reading pro- triotic and dutiful pieces of legislation to sup- appropriate symptomatic treatment. gram. port our proud veterans. The cause of CFS is not yet known. Much Mr. Speaker, one of the most exciting things f of what we do know about CFS has been doc- for me to see is the building up of our youth umented by researchers funded by the Na- through positive and enriching programs that RECOGNIZING THE MOUNT OLIVE tional Institutes of Health and the U.S. Centers last far longer than the prescribed semester. BAPTIST CHURCH SCHOLARSHIP for Disease Control and Prevention (CDC). Life-impacting education serves as a bedrock PROGRAM Here are some facts: women age 30-50 are at for creative ideas that one day will be used to greatest risk for developing CFS, and Latinos transform the way we, as a society, interact HON. CHARLES W. BOUSTANY, JR. and African Americans are at greater risk for and live. I am proud to know that these stu- OF LOUISIANA CFS than Caucasians or Asians. Children can dents have learned more than how to accumu- IN THE HOUSE OF REPRESENTATIVES get CFS too, although it is more common in late and dispense funds. Indeed, they have teens than younger children. The condition Wednesday, May 11, 2005 learned to lead by example and commitment, may begin suddenly, as with the flu, or it may following through on their stated goals. This Mr. BOUSTANY. Mr. Speaker, I stand be- build gradually over time. Physical or mental opportunity to learn about ‘‘hands-on philan- fore you today to acknowledge the contribu- exertion makes symptoms worse. thropy’’ will serve them well into adulthood. tions of a very special church in Louisiana’s Individuals with CFS are severely impacted We can all take an important lesson from their 7th Congressional District. For over fifty years, by the disease and, according to CDC studies,

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00218 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9363 their functional status is the same as or worse Trial Practice techniques. As the borough at- Throughout her childhood, no one noticed than those suffering from obstructive pul- torney for Northvale, Dumont, Bogota, and that Kennedy couldn’t see well. Despite mul- monary disease, coronary heart disease, os- Closter, Borough Prosecutor of both Palisades tiple visits, her pediatrician did not notice, her teoarthritis and severe depression. People Park and Elmwood Park, and the former presi- teachers did not notice and neither did the with CFS often lose the ability to maintain full- dent of The Bergen County Bar Association, nurses that screened her vision at school. Like time employment, attend school and partici- Michael Breslin’s commitment to his commu- many others, she simply slipped through the pate fully in family life. The Nation’s economy nity is unparalleled. cracks. is also seriously affected; the annual direct Michael Breslin exudes professionalism and At age 51⁄2, Kennedy happened to visit an cost of lost productivity due to CFS is $9.1 bil- dedication. Over the years Michael has been eye doctor because of a small injury. The doc- lion, an amount equivalent to Wal-Mart’s an- confronted by a wide array of obstacles and in tor performed an eye exam and diagnosed nual profits. each instance he has proven his resiliency. As amblyopia. He also found that Kennedy was There is hope. The Department of Health a member of the New Jersey Sports and Ex- legally blind in her left eye and that her ‘‘good’’ and Human Services has chartered a CFS Ad- position Authority, he truly displayed his inno- eye had only 20/80 vision. ‘‘I don’t know how visory Committee that meets quarterly to dis- vative flare while supervising the constructing she was even functioning at school,’’ her fa- cuss research and service to people with CFS. of the Meadowlands Arena. ther said. Mr. Speaker, we have the best medical sys- The CDC is conducting promising research The job of a United States Congressman in- tem in the world. We must do better so that that may lead to a diagnostic test for CFS. volves so much that is rewarding, yet nothing more children don’t wind up in the same posi- Other researchers are following important compares to learning about and recognizing tion as Kennedy. The best way to do that is leads that may improve treatment and deepen the efforts of individuals like Michael Breslin. by making sure that children receive an eye understanding of the way CFS affects various As a fellow alumnus of Fordham University, I exam from an eye doctor. body systems. However, in fiscal year 2004, am proud to bestow this honor onto Michael An eye exam measures a number of visual just $15 million was spent by the Federal Gov- Breslin. skills that are critical to a child’s healthy vision, ernment to conduct research on this dev- Mr. Speaker, I ask that you join our col- such as using both eyes as a team, the ability astating illness. CFS consistently ranks at the leagues, Michael’s family and friends, all those for the eyes to focus properly when reading a bottom of NIH funding charts and even during who have been influenced by Michael, and me book or viewing a computer, and the ability for the period when Congress was doubling the in recognizing the outstanding and invaluable the eyes to move properly when reading NIH budget, support for CFS research de- service of Michael Breslin, Jr. across a page of print. clined. f As the National Amblyopia Youth Spokes- Many challenges remain and more federal person, Kennedy, and her parents Jason and funding is needed to answer basic questions. CHILDREN’S VISION IMPROVE- MENT AND LEARNING ACT Jill Biederman, will have a great opportunity to It is time for Congress to do more to help share their story. I commend them for their ef- them. I urge my colleagues to earmark $10 forts to raise public awareness and believe million for CFIDS research in the next annual HON. BILL PASCRELL, JR. that with their help, we can make a difference appropriation for the National Institutes of OF NEW JERSEY in the lives of children nationwide. Health. CFS warrants the support of this Con- IN THE HOUSE OF REPRESENTATIVES The CDC states that approximately 1.8 mil- gress and we must find a way to help hun- Wednesday, May 11, 2005 lion children under the age of 18 (2.5%) are dreds of thousand of Americans get back to blind or have some form of visual impairment. work. Let’s not wait another day. Mr. PASCRELL. Mr. Speaker, I rise today to Many cases of visual impairment could be f call attention to the travesty of preventable vi- eliminated simply through more timely diag- sion loss in our nation’s children. nosis and treatment. TRIBUTE TO MICHAEL BRESLIN, The Centers for Disease Control and Pre- In order to address this egregious situation, JR. vention (CDC) recently reported that millions in the last Congress I introduced legislation to of children do not receive the vision evalua- provide states with resources they need to in- HON. BILL PASCRELL, JR. tions recommended by top medical organiza- crease the number of children that receive an OF NEW JERSEY tions, placing them at greater risk for perma- eye exam. More than 100 of my colleagues IN THE HOUSE OF REPRESENTATIVES nent vision loss, as well as physical and emo- cosponsored the legislation, as did more than tional difficulties. 60 organizations nationwide. Wednesday, May 11, 2005 Undiagnosed vision problems can lead to Yesterday, I proudly reintroduced, the Chil- Mr. PASCRELL. Mr. Speaker, I would like to permanent vision loss and learning difficulties. dren’s Vision Improvement and Learning Act, call to your attention the work of an out- The American Academy of Ophthalmology H.R. 2238. standing individual, Michael Breslin, Jr. who recommends a vision evaluation in the pre- This bill would work to address these issues was recognized on May 10, 2005 for his life- school years. Yet, the study finds that only 1 by offering grants to all states to provide eye long dedication to litigation and the legal com- in 3 children received one before entering kin- exams and necessary follow-up care; devel- munity. dergarten. oping and distributing educational materials on It is only fitting that Michael Breslin, Jr. be It is a national disgrace that only a small state children’s vision programs; and ensuring honored, in this, the permanent record of the number of children are actually receiving the that these new initiatives complement, not greatest freely elected body on Earth, for he preventative care, recommended by our own supplant, services provided under Medicaid has a long history of caring, leadership, cre- medical guideline, they need to ensure healthy and SCHIP. ativity, and commitment to his noble profes- vision. As Congress works to improve the edu- sion. One eye doctor who read the report called cational opportunities available to children in A premier legal mind, ‘‘Jerry’’ as he is affec- it, ‘‘a wake-up call to both primary care pro- this country, the need to remove outside im- tionately called, has let a few fundamental viders and eye care professionals.’’ It is clear pediments to learning must be addressed to principles guide his career. He consistently that we must do better. achieve long-term success. makes a concerted effort to reach out into the Mr. Speaker, in many cases, vision loss can f community to make his services available. be avoided with early diagnosis and treatment. DELIVERING MAIL—COLLECTING Mentoring and serving as a role model to the For the sake of our nation’s young people, we HOPE youth of Northern New Jersey has been his need to make sure that children receive the top priority. Lastly, he has never taken for necessary preventative vision care. granted his success or exploited his position Amblyopia is a serious vision problem that HON. JIM McDERMOTT OF WASHINGTON for personal gain. Rather his humility seems to affects nearly one-half million preschoolers IN THE HOUSE OF REPRESENTATIVES heighten with each passing year. and is the leading cause of vision loss in Michael Breslin has shared his invaluable young Americans. I recently met with seven- Wednesday, May 11, 2005 knowledge and experiences as a Civil Trial At- year-old Kennedy Biederman. She is a prime Mr. MCDERMOTT. Mr. Speaker, I rise today torney by frequently lecturing at the Institute of example of what can happen when a child to gratefully acknowledge and thank the Na- Continuing Legal Education in the area of Civil doesn’t get proper visual evaluations. tional Association of Letter Carriers, the U.S.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00219 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9364 EXTENSIONS OF REMARKS May 11, 2005 Postal Service (USPS), the AFL–CIO, Amer- 800,000 nurses by the year 2020. As our pop- leaders. The greatest outcome of this type of ica’s Second Harvest, and the United Way of ulation ages and as health care costs continue educational experience is open dialogue, per- America for their extraordinary efforts in orga- to escalate, government, hospitals, and policy spective sharing, and cultural exchanges that nizing and carrying out the largest single food advocates must work together to combat this increase understanding, cooperation, and drive in the world: the annual National Asso- problem. teamwork. ciation of Letter Carriers National Food Drive. The theme of National Nurses Week 2005 is The Congressional Youth Leadership Coun- The food drive will again take place on the Nurses: Many Roles, One Profession. In addi- cil inspires and energizes young men and second Saturday in May, which this year falls tion to their tireless hands-on efforts caring for women who return to their homes, commu- on May 14th. The timing of the drive is no co- patients, nurses are constantly involved in nities, and schools with the tools and commit- incidence; it comes at a time when most food health education, research, business, and ment to be effective leaders both today and banks are low on supplies, having exhausted public policy. Having met with numerous for many years to come. their collections from the holiday season. Last nurses from the 29th district of California, I Mr. Speaker, I would ask my colleagues to year the food drive collected an incredible 71 know first hand the needs of nurses of Amer- please join me in congratulating CYLC on 20 million pounds of food for donation to food ica. That is why I support House Resolution years of positively impacting the lives of Amer- banks, pantries, and shelters across the coun- 245, which will recognize the important con- ica’s youth, our next generation of leaders. try. tributions of nurses to the health care system As you can imagine, it takes an army of vol- and the goals and ideals of National Nurses f unteers to collect that amount of food. This Week. I ask my colleagues to please join me year USPS, with help from the Campbell Soup in honoring some of America’s greatest he- INTRODUCTION OF THE PATIENTS’ Company and Valpak Direct Marketing Sys- roes, our nurses. BILL OF RIGHTS ACT OF 2005 tems, is distributing more than 150 million f mailings promoting the drive and encouraging HON. JOHN D. DINGELL donations. On May 14th, donations will be col- TRIBUTE TO THE CONGRESSIONAL OF MICHIGAN YOUTH LEADERSHIP COUNCIL lected by letter carriers along their mail routes IN THE HOUSE OF REPRESENTATIVES in all 50 states. This year’s food drive has an added ur- HON. STENY H. HOYER Wednesday, May 11, 2005 gency and importance. The food drive largely OF MARYLAND Mr. DINGELL. Mr. Speaker, today my supplements the inadequate support the Fed- House colleagues and I are reintroducing the IN THE HOUSE OF REPRESENTATIVES eral government has provided to our nation’s Patients’ Bill of Rights. This bill will protect pa- citizens facing financial difficulty. Families Wednesday, May 11, 2005 tients from the unscrupulous activities of around the nation are struggling to get by— Mr. HOYER. Mr. Speaker, I rise today to HMOs and hold them accountable if their neg- family wage jobs are scarce, energy prices are pay tribute to the Congressional Youth Lead- ligent actions harm their patients. at record highs, and government support ership Council (CYLC) on the occasion of their Although we have worked on this bill now mechanisms are increasingly being axed by 20th Anniversary. Founded in 1985, the Coun- for seven years, we have been thwarted at this Administration and this Congress. cil has long been committed to inspiring Amer- every turn by the Republican leadership, the When we think about letter carriers, first ica’s youth to achieve their full leadership po- Administration, and the insurance industry. We class comes to mind. From now on, we should tential. need to get this bill back on track. think of letter carriers and everyone involved CYLC has educated over 200,000 individ- President Bush promised his support for in this as world class, because that’s what ually selected young men and women rep- such a bill during his 2000 Presidential cam- they are. Please join me in donating food on resenting all 50 States, the District of Colum- paign. But in the end, it was his efforts that May 14th and acknowledging the spirit of bia, the American territories, and over 100 killed our bipartisan bill in 2001. America that will be carried from door to door. countries around the world since its founding. In spite of this setback, we remain unde- May this year’s food drive be the safest and From my district alone, we have had more terred. Working families have waited long most abundant collection yet. than 200 students participate in this out- enough for the rights they deserve that would f standing and innovative program and in the be protected under this bill. entire State of Maryland over 1,600 students We were optimistic the Supreme Court 185TH BIRTHDAY OF FLORENCE have had this terrific opportunity. would clarify the law on the side of patients, NIGHTINGALE These energetic and dedicated young men allowing state HMO accountability laws to stay and women are academically well-rounded, in- in force. But the Supreme Court ruled against HON. ADAM B. SCHIFF volved in their schools and communities, fre- patients, leaving a situation where at best OF CALIFORNIA quently interested in careers of government HMOs may or may not be held accountable in IN THE HOUSE OF REPRESENTATIVES and service, and eager to develop their lead- state court and at worst HMO attorneys will ership skills. In addition to representing all use this ruling to avoid accountability alto- Wednesday, May 11, 2005 comers of the country and globe, they are cul- gether. This court decision only further under- Mr. SCHIFF. Mr. Speaker, I rise today to turally, racially, and economically diverse. scores the need for action. commemorate what would have been the The Congressional Youth Leadership Coun- Unfortunately, it appears now that some in 185th birthday of Florence Nightingale, the cil programs bring thousands of students to Congress not only want to protect the HMO founder of modern nursing. This week also Capitol Hill each year in an effort to deepen status quo, but go further, under the guise of marks the 3rd annual National Nurses Week, their understanding of the realities of govern- ‘‘medical liability reform,’’ to make it more dif- which will be observed May 6th through May ment, citizenship, and service. I know my col- ficult for patients to get justice. Such reform 12th. leagues and our staff appreciate the oppor- would not only apply to cases of medical mal- The 2.7 million registered nurses in the tunity to discuss important local, national, and practice by physicians, but also severely limit United States bear the primary responsibility global issues with these bright and eager accountability of HMOs and drug manufactur- for the care and well-being of hospital patients young students. ers. and are the largest single component of the Essential to the success of these and other We need a Patients’ Bill of Rights to protect health care profession. Unfortunately, our na- CYLC programs is the focus on learning Americans from crafty HMO attorneys who tion faces a serious shortfall in the number of through experience. Students are challenged avoid accountability by keeping victims and nurses available; too few nurses are caring for with simulations, role playing, and debate. their families tied up in court for years. Without too many patients. According to a report by They are charged with applying those experi- this needed legislation, only foreign diplomats, the Department of Health and Human Serv- ences to abundant opportunities for personal the mentally insane, and HMOs will be exempt ices, our nation could face a shortage of interaction among each other and with today’s from the consequences of their decisions.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00220 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9365 IN SPECIAL RECOGNITION OF HONORING MR. RON CHAPMAN ford, Arthur taught at the Leeds College of Art BRANDON W. BURNER ON HIS and Drawing and the Shipley School of Art APPOINTMENT TO ATTEND THE HON. JEB HENSARLING (1937–1940), Avoncraft College (1940–1946), UNITED STATES MILITARY OF TEXAS the Dudley Grammar School (1946–1949), ACADEMY AT WEST POINT IN THE HOUSE OF REPRESENTATIVES and Victoria College on the Isle of Jersey (1949–1955). Wednesday, May 11, 2005 In 1955, Arthur followed Victoria College HON. PAUL E. GILLMOR Mr. HENSARLING. Mr. Speaker, on behalf colleagues D.G. Thomas and Norman Blake to of his many loyal listeners in the Dallas-Forth join the St. Mark’s faculty. He taught six days OF OHIO Worth and the Fifth Congressional District of a week, instructing students in art, Spanish, IN THE HOUSE OF REPRESENTATIVES Texas, today I would like to honor my friend, English literature, and handwriting (then a re- Mr. Ron Chapman, for his many years of out- quired course through sophomore year). With- Wednesday, May 11, 2005 standing broadcasting and community involve- in 3 years, Arthur transferred to the Science Mr. GILLMOR. Mr. Speaker, it is my great ment. With his wit, wisdom, and welcome Department where he taught 1st through 8th pleasure to pay special tribute to an out- voice, Ron Chapman has helped wake up, in- grade science on the second floor of Davis Hall. By 1960, a new science center was built standing young man from Ohio’s Fifth Con- form, and entertain millions of North Texans for the past 45 years. with a greenhouse designed by the noted ar- gressional District. I am happy to announce Ron Chapman came to Dallas in 1959 and chitect, O’Neil Ford. While attractive, it was a that Brandon W. Burner of Tiffin, Ohio has began working for KLIF–AM. In 1965, he horticultural disaster and Arthur became a key been offered an appointment to attend the joined WFAA–TV and for 2 years he hosted member of the team responsible for designing United States Military Academy at West Point, the teen dance show Sump’n Else! In the late a new Greenhouse containing a room of New York. 1960’s, Ron helped bring KVIL to the top of bromeliads and succulents, a tropical room, Brandon’s offer of appointment poises him the ratings as both the morning host and pro- and a room specifically for cacti. In 1963, Ar- to attend the United States Military Academy gram director. Although he left KVIL in 2000, thur devoted much of his time to seventh this fall with the incoming cadet class of 2009. he did not go far. Ever true to his Dallas audi- grade life science, a course he would teach for the next 2 decades. Attending one of our Nation’s military acad- ence he moved to KVIL’s sister station, KLUV–FM. There his morning show continued Cecil Green, who was President of the emies is an invaluable experience that offers to consistently rank in the top 10. Board, admired Arthur’s work and asked him a world-class education and demands the very Ron Chapman earned the very first National to design the planting for the Math/Science best that these young men and women have Association of Broadcaster’s Marconi Award courtyard. He used part of his own collection to offer. Truly, it is one of the most challenging for Personality of the Year in 1989. As a testa- to illustrate the four natural growing areas of and rewarding undertakings of their lives. ment to the quality of his work and his com- Texas. In 1969 Arthur developed and imple- Brandon brings an enormous amount of mitment to excellence in broadcasting, Ron mented plans for the Aviary. For his vast leadership, service, and dedication to the in- Chapman was also inducted into the Texas knowledge in the natural sciences, P.O’B. coming class of West Point cadets. While at- Radio Hall of Fame in 2004. One of his radio Montgomery, Jr. ’38 appointed him ‘‘Curator of Living Materials,’’ a title he holds to this day. tending Tiffin Columbian High School in Tiffin, colleagues described Ron as ‘‘the benchmark’’ of what morning radio should be, and I am The Class of 1972 honored Arthur by dedi- Ohio, Brandon has attained a grade point av- sure his many listeners agree. cating the Marksmen to him. As they wrote, erage of 4.06, which places him at the top of Ron Chapman is more than just a radio per- ‘‘Mr. Douglas is a unique man at St. Mark’s. his class of more than two hundred students. sonality, to the people of North Texas, he is Nowhere in our community is there to be While a gifted athlete, Brandon has main- our friend. As the Congressman for the Fifth found an individual as involved with the stu- tained the highest standards of excellence in Congressional District, and as one of his many dents, as humorous, and at the same time, as his academics, choosing to enroll and excel in loyal fans, it is my distinct pleasure to honor scholarly. . . . he is a fine and outstanding in- Advanced Placement classes throughout high Ron Chapman today in the United States dividual.’’ school. Brandon has been a member of the House of Representatives. Without seeking it, Arthur’s knowledge of or- National Honor Society, Honor Roll, and has Ron, many thanks for all that you have done nithology and the natural sciences made him earned awards and accolades as a scholar over your distinguished broadcasting career. internationally renowned. From the 1960’s through the 1980’s, he wrote articles and reg- and an athlete. You will be fondly remembered and you will be deeply missed on the airwaves by the peo- ularly appearing columns for the English Outside the classroom, Brandon has distin- ple of Dallas. weekly magazine Cage and Aviary Birds. He guished himself as an excellent student-ath- f wrote and illustrated articles for The Canary & lete. On the fields of competition, Brandon has Finch Journal and The Journal of Yorkshire earned letters in both Varsity Football and IN HONOR OF ARTHUR DOUGLAS’ Cactus Society. For his research on the artifi- Track and Field. He was named Honorary FIFTY YEARS OF SERVICE TO cial feeding of insectivorous birds in captivity, Captain of the Varsity Football team, selected ST. MARK’S SCHOOL OF TEXAS he was elected a Fellow of the London Zoo- as a 2004 delegate to the American Legion’s logical Society in 1969. Arthur has written nu- Boys State and attained the rank of Eagle HON. PETE SESSIONS merous articles and translated Seventeenth century ornithological works into English from Scout as a sophomore. Brandon’s dedication OF TEXAS Italian and French. In 1978 he was invited to and service to the community and his peers IN THE HOUSE OF REPRESENTATIVES make a presentation at the 1st International Wednesday, May 11, 2005 has proven his ability to excel among the lead- Symposium on Birds in Captivity. Arthur con- ers at West Point. I have no doubt that Bran- Mr. SESSIONS. Mr. Speaker, I rise today to tinues to catalog and illustrate birds and is don will take the lessons of his student leader- honor the commemoration of Arthur Douglas’ currently on his fourth volume of compilations. ship with him to West Point. half-century of service to St. Mark’s School of He has been a member of the Avicultural So- Mr. Speaker, I ask my colleagues to join me Texas. I am proud to represent St. Mark’s ciety, the Royal Horticultural Society, the Ari- in congratulating Brandon W. Burner on his School of Texas in the 32nd Congressional zona Native Flora Society, and the Audubon District of Texas, and join my colleagues in appointment to the United States Military Society. honoring this historic achievement by Arthur In 1963 Arthur met Alice Taliaferro, a sub- Academy at West Point. Our service acad- Douglas. stitute teacher at St. Mark’s. They married in emies offer the finest military training and edu- Arthur Douglas was born in the Yorkshire 1965 and he helped raise her two children cation available anywhere in the world. I am town of Bradford in 1916. As a boy, he kept Alan Douglas of Dallas and Anne Poole of sure that Brandon will do very well during his birds and developed his artistic skills. In 1932, Muenster. Alice died in 2000 after 35 years of career at West Point and I ask my colleagues Arthur won a national scholarship and matricu- marriage. to join me in wishing him well as he begins his lated to the Bradford College of Art and Crafts, He retired from teaching in 1982, but Arthur service to the Nation. from which he graduated in 1937. After Brad- continues to be an important member of the

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00221 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9366 EXTENSIONS OF REMARKS May 11, 2005 St. Mark’s faculty. He takes care of and gives We can all agree that values encompass so advocating programs based on the social let- tours of the Greenhouse and Aviary, instruct- much more than the cultural flashpoints ters of Pope Pius the Eleventh and particu- ing boys on the wonders of the natural world. with which they are often associated in the larly Pope Leo the Thirteenth’s Rerum media today. Values should not be reduced Novarum, which read, ‘‘Among the several Faculty and students alike appreciate Arthur’s to one or two political issues. Rather, they purposes of a society, one should try to ar- encyclopedic knowledge, English wit, and con- are so much broader than that—the guiding range for . . . a fund out of which the mem- siderable charm. For 50 years, Arthur Douglas principles on which we conduct our lives. bers may be effectually helped in their has embodied St. Mark’s commitment to the Given to us by our parents and to them by needs, not only in the cases of accident, but pursuit of excellence and has taught by exam- their parents, one’s values are what give life also in sickness, old age, and distress.’’ In ple what it means to be an inspiring teacher, meaning. They ground us and provide the that respect, Social Security was the embod- a caring mentor, a true gentleman, and a ethical framework within which we conduct iment of those teachings—a declaration that our human rights are realized in community. great friend. our lives and raise our families. Mine were given to me by my parents, who Such sentiments were reflected in FDR’s f came to this country as Italian immigrants. words to the Congress in 1934, when he said, In our household, I was constantly reminded ‘‘We are compelled to employ the active in- RECOGNIZING A RECENT SPEECH terest of the Nation as a whole through gov- BY REPRESENTATIVE ROSA of the value of working hard to get ahead and giving back to a country that had given ernment in order to encourage a greater se- DELAURO AT GEORGETOWN UNI- so much to us. My father, who dropped out of curity for each individual who composes it.’’ VERSITY school in the seventh grade, largely because For FDR, Social Security was one way we students made fun of his broken English, could promote and maintain our shared val- HON. JOHN D. DINGELL went on to become a proud veteran of this ues by rewarding work and ensuring a decent country—he served his community. He sat retirement for those who have worked a life- OF MICHIGAN time. And by depending on and encouraging on New Haven’s City Council, as did my younger generations to take responsibility, IN THE HOUSE OF REPRESENTATIVES mother, who served there for 35 years—well too, Social Security reinforced the idea that into her 80’s. Wednesday, May 11, 2005 in America, we do not leave every man or Working in a sweatshop sewing collars for woman to fend for himself or herself—that Mr. DINGELL. Mr. Speaker, I rise today to pennies before going on to a life of public we do not tolerate the impoverishment of recognize the recent speech that my good service, my mother was a driving force in my our senior population. Those are our nation’s friend and colleague from Connecticut, Con- life and career. But to be sure, faith played values and they are perpetuated by the very gresswoman ROSA DELAURO, gave at George- a large role in shaping my values as well, construct of our Social Security program. town University on April 19, 2005. Representa- having attended Catholic school from ele- Indeed, with the first Social Security tive DELAURO plainly and passionately con- mentary school to college. It was there that check issued, poverty among the elderly veyed her opposition to privatizing Social Se- I learned to nourish my mind and my heart— began to drop. In the 1950s, more than 30 per- to reach out, to work hard, to fulfill my po- curity. Moreover, Representative DELAURO cent of elderly Americans lived out their last tential and be whatever I wanted to be. But clearly lays out how the values instilled in her years in poverty—today that figure is about it also taught me about right and wrong, per- 10 percent, with 2 out of 3 seniors today rely- by both her parents and the Catholic Church sonal responsibility and how to nourish my led to her opposition to privatizing this vitally ing on Social Security as the prime source of community, my neighbors—to give some- their monthly income, including three-quar- important program that has kept millions of thing back to my world, to the people of that ters of all elderly women. seniors out of poverty since it was signed into world. And Social Security is not just for people law in 1935. I applaud the Congresswoman’s In a broader sense, it was the church that like our parents and grandparents—a third of ability to connect her faith with her public serv- bound us together as a community in my the 47 million people who rely on the pro- ice. neighborhood—in our schools, in our hos- gram are the disabled, widows and children. I would like to take this opportunity to insert pitals. My father received communion All told, that is 47 million people—parents, daily—and lived his faith with commitment. Congresswoman DELAURO’s speech into the grandparents, widows and children—who do Our local parish and our kitchen table were not have to rely solely on their families for RECORD and would encourage all my col- our community center—where people gath- financial support because they have the help leagues to take a few moments to read it. ered to share their lives and help one an- of Social Security. It is always good to be here at Georgetown other. Every night around my family’s For women who on average earn less and among friends—so many good, young Demo- kitchen table, I saw how faith could serve as spend less time in the workforce, Social Se- crats engaged in the process, fighting for the nexus between family and community. curity is a blessing. Women comprise nearly change, who understand the stakes of to- There, I would witness firsthand how my 60 percent of all seniors on Social Security— day’s political debates and want to take part parents helped solve the problems of people a majority of whom would be living in pov- in them. As the future of the country, no one in our neighborhood. erty without it. More than half of all women has more riding on them than you. You know With my parents’ example and my Catholic receiving benefits do so as the spouse of a re- better than anyone that their outcomes will upbringing, I learned the vital connection tired worker, but for 4 in 10 women living on determine the course of this country for dec- between family, faith, responsibility, com- their own, the program accounts for 90 per- ades to come. munity, and working for the common good— cent of their retirement income. And as College Democrats, you are com- that values learned at home and at church So essentially, Social Security functions mitted to the values of our Party. Not only effected change at the community level both not only as a safety net for older Americans, are you working to elect Democratic can- profound and undeniable. It showed me that but in a way, for the rest of us—a kind of didates, perhaps more importantly, you are government can and must play a critical role family insurance guaranteeing that we can encouraging involvement and building ex- in helping people make the most of their own live our own lives and raise our own chil- citement within the Party, providing your abilities and how to meet their responsibil- dren, confident that our parents and loved peers with the skills and experiences nec- ities to each other and society as a whole. ones have something to rely on and can live essary to reinvigorate the Party from the My own story is hardly unique. Many of independently of us. It is without a doubt the grassroots. That is something very pre- these values have helped shape America’s most successful, efficient middle-class retire- cious—and so important right now. public policy over the course of our nation’s ment program we have—a ‘‘national achieve- Tonight, I wanted to discuss the values history. Indeed, many of the economic and ment’’ that we can be proud of as individuals that not only unite us Democrats but as social achievements of the past century have and as members of a good and decent society. Americans—particularly as to how they have their roots in this vision of opportunity and Yet today, the commitment to opportunity shaped and informed the Social Security pro- responsibility, community, a recognition of and community out of which Social Security gram over the years. Indeed, we hear so our obligations to each other—including was created has frayed. For sure, a coarse- much about the importance of values Medicaid, Head Start, the child tax credit, ness to our culture today in our politics and today—but oddly enough, little about what and the GI Bill, to name but a few. in the media has deepened divisions in soci- they are, where they come from and what Perhaps the ultimate legislative expres- ety. But I think it goes deeper than that. their implications are in government and so- sion of our nation’s shared values and those Today, pleas for community and the common ciety. And so tonight, I would like to speak I learned growing up is Social Security, good have taken a backseat to appeals to about that nexus between values and public which for 7 decades now has tied generation self-interest, sometimes greed, and extreme policy, a little about how my values shaped to generation, ensuring that those seniors individualism—policies that make us more my own views and led me into public life, have a secure retirement after a lifetime of unequal and divided. And where government and how in the Social Security system we work. Social Security was born in part out of was once seen as a vehicle for our shared val- find a true reflection of those values in the FDR’s appreciation for Catholic Social ues, today it is often viewed with suspicion pursuit of the common good. Teaching and Monsignor John Ryan’s role in and mistrust.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00222 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9367 Indeed, no debate is more symbolic of the young women as well. For all our gains, In my view, that is the example of biparti- forces at play in today’s society than the one women still earn less—77 cents for every dol- sanship we should draw upon. With so much surrounding the future of Social Security. lar men earn—even though we live longer. at stake for our communities and the coun- Despite the program’s unqualified success, And the Social Security Administration try, I believe we need that kind of biparti- the president wants to change it. The reason itself predicts that 65 years from now, 40 per- sanship in this debate—one that achieves he gives is that in 2018, benefits being paid cent of married women will still receive ben- consensus, strengthens the program’s guar- out begin to exceed what Social Security is efits based on their husband’s higher earn- anteed benefit in retirement and reflects our taking in in payroll taxes, even though So- ings record. nation’s shared values. Because this fight is cial Security will be able to pay 100 percent You might be asking—but what about the not only about stopping the bad idea that is of benefits until 2041. Even after 2041, the So- increased benefits from the stock market? privatization—it is about promoting and cial Security Trust Fund does not go bank- Well, you do not get to keep the full Social maintaining the good idea that was and is rupt, because the program will still be able Security and the full private account. The Social Security. to pay between 70 and 80 percent of its bene- average private account would be taxed at 70 As students looking forward to lives of fits. percent through monthly deductions from your own, raising families and embarking on Congress must address the funding short- your Social Security check. This privatiza- careers, you have been given a remarkable fall in the middle of the century. Yet what tion tax would come on top of the benefit opportunity—to put the values your parents President Bush is proposing is that we radi- cuts that will affect all Social Security bene- instilled in you to use in society, in what- cally change this successful program— ficiaries. ever career you choose. privatizing Social Security by diverting a It is complicated, but when you retire, you My challenge to you today is: how are you third of payroll taxes that pay benefits today essentially have to pay the money you put going to seize this opportunity—to give back into private, individual accounts that can be into your private account back to the gov- and have a say in this debate which is so im- invested in the stock market. ernment. So, at the same time that the pri- portant to our shared values? What role will I think the Catholic Bishops had it right, vate accounts would be adding to your in- you play in ensuring future generations have when they wrote extensively on this issue at come, a large portion of that additional in- the quality of life you and your families have the end of the 1990’s as Republicans were ad- come would be offset dollar for dollar had? I do not pretend to have all the an- vocating for Social Security’s privatization. through reductions in your guaranteed So- swers. But if my own experiences have The Bishops said then that Social Security cial Security check. And that would be re- taught me anything, it is that bringing our had been established as an insurance pro- gardless of how well your private account values to the public sphere is not a matter of gram in which, quote, ‘‘society as a whole performed. expediency but of moral and civic obliga- But well beyond the financial implications buffers the individual and collective risks tion—a call I hope each of you choose to an- of privatization—and there are many—are its that workers and their families face.’’ They swer. moral implications. As The National Catho- went on to say that turning Social Security Thank you for this honor and this oppor- lic Reporter editorialized recently, what we into an investment vehicle for individuals, tunity. quote, ‘‘does not guarantee an adequate or risk losing with privatization is so much assured retirement program’’ for our senior more than money. We risk losing the agree- f ment that we have maintained for the past population. BALTIMORE-WASHINGTON INTER- But that is precisely what President Bush half-century that we are all in this together. wants to do. He wants turn Social Security We risk losing faith with the understanding NATIONAL AIRPORT IS RENAMED into an investment program—a tool to cre- that all workers—poorest to richest—con- IN HONOR OF JUSTICE THUR- ate personal wealth. And I fail to see how a tribute to something in common and that ev- GOOD MARSHALL program benefiting our national community, eryone gets something in return. And we rooted in values that promote the common abandon the sense that despite differences in HON. BENJAMIN L. CARDIN good and reinforce the idea that we are all in political outlook and social standing, we all OF MARYLAND this together, is improved by private ac- believe that is good for society to guarantee counts. These values go to the heart of what a minimum standard of economy security for IN THE HOUSE OF REPRESENTATIVES I believe as a Democrat and as a Catholic. its oldest, disabled and widowed citizens. Wednesday, May 11, 2005 Besides, privatization does nothing to ad- That is what privatization risks. dress the expected shortfall in the current As someone who has had the privilege of Mr. CARDIN. Mr. Speaker, I rise to ask my Social Security system—the reason Presi- serving in the Congress of the United States colleagues to join me in recognizing an impor- dent Bush brought up privatization in the for over a decade-and-a-half, representing tant day in Maryland history. Yesterday, in An- first place. In fact, by taking money out of more than a half-million people, I believe napolis, legislation was signed into law renam- the trust fund to create private accounts, that government has an obligation to play a ing our State’s largest airport the ‘‘Baltimore- the president’s proposal makes the problem role in making opportunity real—a moral ob- Washington International Thurgood Marshall ligation. I do not believe in every man or worse. Secondly, privatization will balloon Airport.’’ our half-trillion dollar deficit by as much as woman for himself or herself. I believe in $5 trillion in the next 20 years because we values like shared responsibility and per- Born in Baltimore, Maryland in 1908 and will still have to pay benefits to current re- sonal responsibility. I believe in what we can educated in our State’s public school system, tirees at the same time we are taking money achieve together. Those are the principles at Thurgood Marshall devoted his life to the pur- out of the system to create private accounts. the core of Social Security. They are what suit of equal justice for all Americans. Named That means higher interest rates for buying drive me—they are what drive you. They are ‘‘Thoroughgood’’ at birth after his great-grand- a house, a car or going back to school. what drive each of us as Democrats and father, a former slave who had fought for the Third, we would be eliminating the pro- Americans. Union Army during the Civil War, Marshall The fight to preserve Social Security and gram’s guaranteed benefit and requiring ben- later shortened his name to ‘‘Thurgood.’’ After efit cuts that the Administration itself has make it as successful in the 21st Century as estimated will be as steep as 40 percent—all it was in the last is a struggle that every graduating from Lincoln University, Marshall for a plan that does not even address the un- American has a stake in—but no one more received his law degree from Howard Univer- derlying problem. The amount retirees get than the younger generation. This is a defin- sity in 1933, and set up private practice in Bal- from Social Security is already modest— ing challenge for us—a statement about the timore before joining the Baltimore NAACP. about $955 per month, $11,500 per year, kind of country we want America to be. As His remarkable career spanned several dec- enough to pay for most basic needs, but Franklin Roosevelt told Congress, Social Se- ades, during which he served our country hon- hardly enough to get by on alone. curity is a ‘‘return to values lost in the orably. His work as Director-Counsel of the And for women, for whom Social Security course of our economic development and ex- has been such a success, the effects of privat- pansion.’’ NAACP laid the groundwork for some of the ization would be disastrous, as confirmed by That is our challenge today, as well—to most historic civil rights decisions in our Na- a recent report by the National Women’s bring change, while affirming our values as tion’s history. He also achieved international Law Center. For 29 percent of women, Social Americans and as Democrats. Indeed, in 1983, stature as a champion of equal rights around Security is the only retirement package bankruptcy was only a year off—one year, the world. President John F. Kennedy nomi- available. Privatization would replace the not 37. Back then, Congress and President nated Marshall to the U.S. Court of Appeals program’s progressive benefit structure with Reagan worked together on a bipartisan for the Second Circuit in 1961. President Lyn- commission that ensured Social Security private accounts based only on a worker’s don B. Johnson named him U.S. solicitor gen- contributions to the account—cutting the would be solvent for generations. And they average widow’s benefit in my state of Con- did it not by changing the fundamental na- eral in 1965 and nominated him to the Su- necticut to a paltry $518 per month. ture of the program but by making minor ad- preme Court in 1967. Justice Marshall served And privatization is not only a bad deal for justments to the benefits and financing as the first African American Justice from our mothers and grandmothers—but for structures. 1967 until he retired in 1991.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00223 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9368 EXTENSIONS OF REMARKS May 11, 2005 Thurgood Marshall passed away in 1993 at resenting the Republican Party as a candidate the highest standards of excellence in her age 84, and his body lay in state at the Su- for Congress in 1972, and as a candidate for academics, choosing to enroll and excel in Ad- preme Court where thousands of mourners Kansas’s Attorney General in 2002. vanced Placement classes throughout high came from across the Nation to pay tribute to Although his experiences took him around school. Mary has been a member of the Na- him. Renaming this international airport for the world and into the national spotlight, he tional Honor Society, Honor Roll, the Marching him now serves as another fitting tribute to never abandoned the values instilled in him by Band, the Symphonic Band and has earned such a great Marylander and a great Amer- his parents, neighbors and friends in the awards and accolades as a scholar and an ican. It will also serve to enlighten travelers small, Kansas hometown of Mahaska. The athlete. from around the world that Baltimore was his principles of hard work, integrity, and justice Outside the classroom, Mary has distin- home. Finally, Mr. Speaker, I want to acknowl- that had been engrained in him in his youth, guished herself as an excellent student-athlete edge the extraordinary bipartisan effort in our guided his efforts throughout his life. by earning letters in both Varsity Soccer and state legislature—and particularly recognize Captain Charles ‘‘Chuck’’ McAtee was a Swimming. She has also remained involved in the leadership of Delegate Emmett C. Burns, true public servant who fit the situation within her community by coaching elementary soc- Jr.—that led to enactment of this law, and en- which he was called to serve. I join his many cer, serving as a church lector and assisting courage all of my colleagues in Congress to friends in extending my deepest sympathies to her peers as a Teen Advisory Board Member. use the Baltimore-Washington International his family during their time of loss. Mary’s dedication and service to the commu- Thurgood Marshall Airport for their next flight f nity and her peers has proven her ability to home. excel among the leaders at the United States PERSONAL EXPLANATION f Air Force Academy. I have no doubt that Mary will take the lessons of her student leadership HONORING THE LIFE OF CAPTAIN HON. JOE WILSON with her to the United States Air Force Acad- C CHARLES ‘‘CHUCK’’ M ATEE OF SOUTH CAROLINA emy. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me in congratulating Mary B. Guzowski on her ap- HON. JERRY MORAN Wednesday, May 11, 2005 OF KANSAS pointment to the United States Air Force IN THE HOUSE OF REPRESENTATIVES Mr. WILSON of South Carolina. Mr. Speak- Academy at Colorado Springs. Our service er, on rollcall numbers 162 and 163 on May Wednesday, May 11, 2005 academies offer the finest military training and 10, 2005, I was on Congressional travel and education available anywhere in the world. I Mr. MORAN of Kansas. Mr. Speaker, today unable to cast my vote. am sure that Mary will do very well during her I rise to honor the life of Captain Charles Had I been present, I would have voted the career at the United States Air Force Acad- ‘‘Chuck’’ McAtee. After leading a life devoted following: emy. I ask my colleagues to join me in wishing to public service, Captain McAtee passed Rollcall no. 162, H. Res. 193, in Support of her well as she begins her service to the Na- away on Friday, April 8, 2005 from acute leu- the Assembly to Promote Civil Society in tion. kemia. Cuba, I would have voted ‘‘yea.’’ f In his life, Captain McAtee was committed Rollcall no. 163, H. Res. 142, Supporting to the principle of country before self. When the Goals of Rotary International Day, I would A TRIBUTE TO UNIVERSITY OF duty called, he answered, serving proudly and have voted ‘‘yea.’’ REDLANDS PRESIDENT, JIM AP- honorably as a United States Marine in the f PLETON Korean War. His experiences in Korea in- spired him to later lead the effort to ensure the IN SPECIAL RECOGNITION OF HON. JERRY LEWIS MARY B. GUZOWSKI ON HER AP- dedication of the Northeast Kansas Korean OF CALIFORNIA POINTMENT TO ATTEND THE War Memorial in Topeka in 2003. He also IN THE HOUSE OF REPRESENTATIVES generously shared his love of country with oth- UNITED STATES AIR FORCE ers, such as his financial support to Marine ACADEMY Wednesday, May 11, 2005 Junior ROTC programs. Mr. LEWIS of California. Mr. Speaker, I rise Following active military service, Captain HON. PAUL E. GILLMOR today to pay tribute to a true leader for quality McAtee pursued two of his great interests in OF OHIO higher education in California, University of life—public service and the law. He first dem- IN THE HOUSE OF REPRESENTATIVES Redlands President, Jim Appleton. Over the onstrated a devotion to law through his work past 18 years, Jim Appleton has helped a for the law firm of Eidson, Lewis, Porter & Wednesday, May 11, 2005 small liberal arts college gain a national rep- Haynes in Topeka, Kansas. He also used his Mr. GILLMOR. Mr. Speaker, it is my great utation for excellence and progressive think- legal knowledge serving as an officer to the pleasure to pay special tribute to an out- ing. 1st Marine Division Association. standing young woman from Ohio’s Fifth Con- The University of Redlands was established Captain McAtee later became involved in gressional District. I am happy to announce by the American Baptist Church nearly 100 public service at the age of 27, working as a that Mary B. Guzowski of Tiffin, Ohio has years ago in what was then a small farming special agent for the Federal Bureau of Inves- been offered an appointment to attend the community east of the growing Los Angeles tigation. He then transitioned into State gov- United States Air Force Academy at Colorado urban area. In the intervening century, both ernment, combining his passion for law and Springs, Colorado. the city of Redlands and the University have law enforcement through service as the Direc- Mary’s offer of appointment poises her to at- grown in population and sophistication. The tor of Penal Institutions for the State of Kan- tend the United States Air Force Academy this university is now an independent liberal-arts sas—a position that would define the remain- fall with the incoming cadet class of 2009. At- school, and the community is known through- der of his life. tending one of our nation’s military academies out Southern California for its historical hous- As Director of Penal Institutions for the is an invaluable experience that offers a world- ing districts and support for the arts. State of Kansas, Captain McAtee played a class education and demands the very best The University of Redlands was already be- major role in the case of the Clutter family that these young women and men have to coming a modern institution when Jim Apple- murders and bringing their killers to justice. offer. Truly, it is one of the most challenging ton was named president in 1987. Its student The murders eventually became the subject of and rewarding undertakings of their lives. body had grown to 1,280, and its endowment author Truman Capote’s book In Cold Blood. Mary brings an enormous amount of leader- was a respectable $24 million. It had been Captain McAtee’s position brought him in ship, service, and dedication to the incoming rated highly in the widely-read survey of col- close contact with the convicted murderers in class of Air Force cadets. While attending Tif- leges by the U.S. News and World Report the Clutter case, receiving frequent uncen- fin Columbian High School in Tiffin, Ohio, magazine. sored correspondence from them and visiting Mary has attained a grade point average of Jim Appleton came to the University of Red- with them during their time on death row. 3.72, which places her in the top ten percent lands from the University of Southern Cali- Captain McAtee also demonstrated leader- of her class of over two hundred students. fornia, where he had been a faculty member, ship and commitment to public service by rep- While a gifted athlete, Mary has maintained vice president for student affairs and vice

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00224 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9369 president of development. He brought a can- Whereas, Mayor Fenton has worked self- the North Central Texas Association of Super- do spirit from that national powerhouse institu- lessly and with dignity as an integral part of vision and Curriculum Development. tion. the community through 46 years of public As the Congressman for the Fifth District of Appleton balanced the university’s books in service. Texas, I am pleased today to recognize my 1989 for the first time in years. A new ball field Therefore, I join with Mayor Fenton’s family, friend, Dr. James Terry for his many years of was added in 1994, and a new NCAA-quality friends, the residents of Zanesville, and the public service and for the outstanding con- aquatics center opened in 1996. Overall, the entire 18th Congressional District of Ohio in tributions he has made to make his community college has invested $140 million in new facili- commending Mayor Jack Fenton for his ex- and his country a better place. Dr. Terry, on ties in the past 18 years—compared to $21 ceptional work and years of service, and wish behalf of all of the constituents of the Fifth million in the previous 20 years. The building him the very best in his future endeavors. District, especially those in Mesquite, I would program is continuing with a new science cen- f like to extend our most sincere thanks and ter, new environmental studies center and new praise for a job well done. mathematics facility. Along the way, many of HONORING DR. JAMES TERRY the college’s historic structures have been ren- ovated and modernized, as well. HON. JEB HENSARLING f New academic programs include Environ- OF TEXAS mental Studies, Race and Ethnic Studies, and IN HONOR AND REMEMBRANCE OF IN THE HOUSE OF REPRESENTATIVES Theater. The college has increased its full- GREGORY ANTHONY D’ANGELO time faculty by 40 percent, and has added Wednesday, May 11, 2005 professional schools in business and edu- Mr. HENSARLING. Mr. Speaker, I rise today cation. Three graduate degree programs are to recognize the exceptional achievements of HON. DENNIS J. KUCINICH now offered—in music, communicative dis- Dr. James Terry, Superintendent of the Mes- OF OHIO orders and in geographic information sys- quite Independent School District. On January IN THE HOUSE OF REPRESENTATIVES tems—the latter a collaboration with the inter- 10th of this year, Dr. Terry announced his in- nationally known GIS company ESRI, which is tention to retire at the end of the school year Wednesday, May 11, 2005 also headquartered in Redlands. bringing a close to his long and distinguished The success of the university is easily career as an educator. For the past 42 years, Mr. KUCINICH. Mr. Speaker, I rise today in measured: The student body today is 2,450 in his students have been at the heart of each of honor and remembrance of Gregory Anthony the undergraduate schools, and an additional his decisions. Dr. Terry has been a strong role D’Angelo, beloved husband, father, grand- 1,965 in the graduate programs. The endow- model and exceptional educator for the chil- father, great-grandfather, brother, WW II Vet- ment is now in excess of $107 million, and the dren of east Texas as both a teacher and ad- eran, and dear friend and mentor to many. Mr. university has raised $70 million of a $100 mil- ministrator. The students, parents, and teach- D’Angelo’s life was framed by kindness, tenac- lion Centennial Campaign begun in 2004. ers of the Mesquite Independent School Dis- ity, integrity and heart, and although he will be As a member of Congress representing trict will greatly miss his leadership and edu- greatly missed, he deeply touched the lives of Redlands, I have been pleased that my col- cational vision. everyone he knew. leagues have seen fit over the years to pro- Although his career has steered him through vide federal funds to further innovative pro- Mr. D’Angelo was a true renaissance man, both Beaumont and Dallas, Dr. Terry and his grams at the university. The returns on the in- whose mastery of the carpentry trades, artistry wife Frances Louise Gilbert quickly settled in vestment have ranged from informative stud- in the boxing ring, and expertise in the field of their eventual home of Mesquite, Texas. His ies on desert environment systems to new aeronautical mechanics belied his kind and first assignment in Mesquite was as a math methods for teaching technology to classroom compassion heart. His main focus was always teacher, but before long he moved into a vari- teachers. I have found it especially rewarding his family. Together, Mr. D’Angelo and his be- ety of administrative positions before assum- to work with my friend Jim Appleton, who has loved wife of 54 years, ‘‘Millie,’’ raised their ing the responsibility of Superintendent in July shown such dedication to his university and to five children. of 2001. Along the way, he amassed a trophy the city we both call home. case of awards including the 1999 Adminis- A devoted husband and father, Mr. Mr. Speaker, after 18 years as president, D’Angelo worked diligently to provide for them. Jim Appleton has decided to ‘‘retire’’ and be- trator of the Year Award from the Texas Pro- fessional Educators and also earned the Gold- Whether driving a truck, climbing into the box- come university chancellor. I ask my col- ing ring, or creating the Prehistoric World Dio- leagues to join me in thanking him for his en Deeds for Education Award in 2004. Dr. Terry, who received his undergraduate, rama at Disneyland, Mr. D’Angelo did so with years of service to the education of our young commitment, heart and grace. Though people, and wish him and his wonderful wife masters, and a doctorate degree from East Texas State University in Commerce, Texas, unimpressed by awards and accolades, his Carol the utmost success in their future en- work at Disneyland captured the attention, deavors. has always believed that proper education re- quired a hands-on approach. Upon assuming honor and respect of Mr. Walt Disney himself. f the role of superintendent, he immediately set In addition to Mr. Disney, Mr. D’Angelo cap- tured the honor, respect and love of those A PROCLAMATION RECOGNIZING out to visit each of the 42 schools in his dis- who loved and knew him best—his family and MAYOR JACK FENTON trict to share his plans and vision for the up- coming school year. Since that time, he has friends. HON. ROBERT W. NEY always made it a priority to spend some time Mr. Speaker and Colleagues, please join me at each of the schools and with the more than in honor and remembrance of Gregory An- OF OHIO 34,000 students for which he is responsible. thony D’Angelo. I offer my deepest condo- IN THE HOUSE OF REPRESENTATIVES On top of his numerous accomplishments in lences to his wife and companion of 54 years, Wednesday, May 11, 2005 the classroom and in the superintendent’s of- Millie; his children, Joseph, Kathleen, Annie, Mr. NEY. Mr. Speaker: fice, Dr. Terry has also demonstrated his com- John and Susan; his daughters-in-law, Robyn Whereas, Mayor Jack Fenton has provided mitment to public education through his mem- and Susan; his sons-in-law, Charles, Willie outstanding service and contributions while bership and leadership roles in several edu- and Curt; his 12 grandchildren and 4 serving as the Mayor of Zanesville from 1995 cational organizations. Over the course of his greatgrandchildren; his sister, Stella; and to to 2005; and career, he has served on the President’s Edu- his extended family and many friends. Mr. Whereas, Mayor Fenton served his commu- cation Advisory Council for the Texas A&M D’Angelo left this world with a legacy that nity as Assistant Fire Chief from 1978 to 2005 University System and in the Regents’ Initia- shines love and light upon his family, friends and served as Director of Public Safety for the tive for Excellence in Education through Texas and community. His joy of life, caring heart City of Zanesville and the Zanesville/ A&M—Commerce. In addition, he was a mem- and concern for others defined his life and will Muskingum County Chamber of Commerce; ber of the Executive Council of the East Texas live on in the hearts of all who knew and loved and School Study and has served as president of well, today, and for all time.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00225 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9370 EXTENSIONS OF REMARKS May 11, 2005 THE INDENTURED SERVITUDE the expiration of their contract, cheated out of and for all. Mr. Speaker, I urge Members of ABOLITION ACT OF 2005 INTRO- their pay, and abandoned in a strange land. the House to join me and co-sponsor the In- DUCTORY STATEMENT This deplorable practice not only under- dentured Servitude Abolition Act of 2005. mines living standards, it ruins lives. It is a vio- HON. GEORGE MILLER lation of basic human rights that leaves work- f ers as indentured servants, forcing them to OF CALIFORNIA endure a form of modern day slavery. The In- IN SPECIAL RECOGNITION OF MI- IN THE HOUSE OF REPRESENTATIVES dentured Servitude Abolition Act of 2005 will CHAEL H. PERSIANI ON HIS AP- Wednesday, May 11, 2005 end this cruel practice by providing for tough POINTMENT TO ATTEND THE legal accountability for foreign labor contrac- UNITED STATES AIR FORCE Mr. GEORGE MILLER of California. Mr. tors and employers. ACADEMY Speaker, I rise today to introduce the Inden- The ‘‘Indentured Servitude Abolition Act of tured Servitude Abolition Act of 2005. At a 2005’’ holds recruiters and employers respon- time when the President and many Members sible for the promises they make to prospec- HON. PAUL E. GILLMOR of this House are discussing legislation to tive employees, and discourages employers OF OHIO greatly expand the number of foreign workers from using disreputable recruiters. The bill re- IN THE HOUSE OF REPRESENTATIVES who come to the United States legally for quires employers and foreign labor contractors work, we must ensure that they are not inden- to inform workers of the terms and conditions Wednesday, May 11, 2005 tured servants who owe unconscionable fees of their employment at the time they are re- Mr. GILLMOR. Mr. Speaker, it is my great to recruiters. cruited. It makes employers jointly liable for pleasure to pay special tribute to an out- One hundred and forty years ago, the Amer- violations committed by recruiters in their em- standing young man from Ohio’s Fifth Con- ican Civil War ended. Slavery and involuntary ploy. It imposes fines on employers and re- gressional District. I am happy to announce servitude were prohibited throughout our na- cruiters who do not live up to their promises that Michael H. Persiani of Perrysburg, Ohio tion by the adoption of the 13th Amendment to and authorizes the Secretary of Labor to take has been offered an appointment to attend the the Constitution. And yet, as has been well additional legal action to enforce those com- United States Air Force Academy at Colorado documented in the press, thousands of men mitments. Employers and recruiters are pro- Springs, Colorado. (and especially women) endure abuse as in- hibited from requiring or requesting recruit- Michael’s offer of appointment positions him dentured servants because, as a condition of ment fees from workers and are required to to attend the United States Air Force Academy securing a job, they must pay exorbitant fees pay the costs, including subsistence costs, of this fall with the incoming cadet class of 2009. to labor recruiters—fees it can take years to transporting the worker. Attending one of our Nation’s military acad- payoff. The problem of recruiter-related inden- The bill discourages disreputable labor con- emies is an invaluable experience that offers tured servitude has been well publicized in the tractors by requiring the Secretary of Labor to a world-class education and demands the very Commonwealth of the Northern Mariana Is- maintain a public list of labor contractors who best that these young men and women have lands, but it is a problem throughout this coun- have been involved in violations of the Act and to offer. Truly, it is one of the most challenging try, and it will grow as more guest workers are by providing additional penalties if employers and rewarding undertakings of their lives. permitted. Foreign labor contractors lure work- use a contractor listed by the Secretary as ers to the United States by promising them a having been involved in previous violations of Michael brings an enormous amount of better life with decent wages and good jobs in this Act and that contractor contributes to a leadership, service, and dedication to the in- exchange for thousands of dollars in fees. In- violation for which the employer may be liable. coming class of Air Force cadets. While at- stead, workers arrive in the U.S. only to find The remedies provided under the ‘‘Indentured tending St. John’s Jesuit High School in To- that they were cruelly deceived. They earn Servitude Abolition Act’’ are not exclusive, but ledo, Ohio, Michael has attained a grade point unlivable wages for menial jobs to which they are in addition to any other remedies workers average of 3.90, which places him near the never agreed, with no insurance or health may have under law or contract. top of his class of nearly two hundred stu- care, and deeply in debt to the recruiter for The legislation I am introducing has been dents. While a gifted athlete, Michael has bringing them to their new home. endorsed by the Farmworker Justice Fund, the maintained the highest standards of excel- Sadly, those are the least of their worries. National Employment Law Project, and the lence in his academics, choosing to enroll and Workers endure sweatshop conditions and AFL-CIO. The National Employment Law excel in Advanced Placement classes through- back-breaking work for inhumanly long hours. Project notes that ‘‘labor recruiters currently out high school. Michael has been a member They are forced to work through illness and in- enjoy a near total lack of accountability for the of the National Honor Society, Honor Roll, jury with only one day of rest per week. Em- workers’ job conditions’’ and that the bill per- French Club and has earned awards and ac- ployers automatically deduct the majority of forms ‘‘an important service by requiring both colades as a scholar and an athlete. their weekly pay for room and board, often for the users of the labor and the recruiters them- Outside the classroom, Michael has distin- living situations not fit for animals and starva- selves to inform workers on the job conditions guished himself as an excellent student-ath- tion rations, leaving workers with a few dollars they can expect.’’ lete. On the fields of competition, Michael has if not further in debt. And that is when their The Farmworker Justice Fund notes that the earned letters in Varsity Hockey and Tennis. wages are not withheld, a frequent occur- legislation addresses, ‘‘the new reality of glob- He was named Captain of the Varsity Hockey rence. Most distressing of all, many workers al labor migration. . . . In many cases foreign team and served as President of the French suffer physical violence at the hands of their workers who are recruited for U.S. jobs suffer Club. Michael’s dedication and service to the employers and are threatened if they should harsh abuses in the form of huge debts, usu- community and his peers has proven his abil- try to leave. Unable to pay off debt manufac- rious loans, threats of violence, false prom- ity to excel among the leaders at the United tured by the recruiters and their employer and ises, and illegal wages and working condi- States Air Force Academy. I have no doubt fearing for their lives, workers are trapped. tions. . . . We must gain control over labor that Michael will take the lessons of his stu- This is not an exaggeration: it is the dis- migration and this is one important step to- dent leadership with him to the United States turbing reality for thousands of workers in this ward that goal.’’ Air Force Academy. country. This is not employment opportunity: it Is it too much to ask that people who live on Mr. Speaker, I ask my colleagues to join me is indentured servitude, and it should not be American soil, making products for American in congratulating Michael H. Persiani on his occurring in the United States in 2005. Just consumption, be treated like American work- appointment to the United States Air Force this week investigations into La Mode Inc., a ers? Our basic respect for human rights de- Academy at Colorado Springs. Our service Saipan company that unlawfully suspended mands that we act now to protect these work- academies offer the finest military training and operations while owing workers back wages of ers. I am pleased that 24 of our colleagues education available anywhere in the world. I more than $395,000, revealed that Chinese have joined me as original cosponsors of this am sure that Michael will do very well during employees were required to pay recruitment bill. I am hopeful that all of our colleagues, on his career at the United States Air Force fees of $4,500 to $8,000 for the privilege of both sides of the aisle, will add their support Academy. I ask my colleagues to join me in working at a job that pays barely $3 an hour, to this critical legislation to end the despicable wishing him well as he begins his service to and then being unlawfully terminated before practice of slavery in the United States once the Nation.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00226 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9371 INTRODUCTION OF LEGISLATION participated in declared wars. I urge Congress you to build self-esteem and feel more con- TO EXTEND ELIGIBILITY FOR to pass these critical bills. nected.’’ DEPARTMENT OF VETERANS AF- f There are concrete reminders of Les FAIRS PENSION BENEFITS Brown’s accomplishments throughout the WILLIAM ‘‘LES’’ BROWN: A LEG- Chicagoland area—low-income housing units ACY OF INSPIRATION AND AC- that would not have been built without him, or- HON. NICK J. RAHALL II TIVISM OF WEST VIRGINIA ganizations and coalitions that would not exist IN THE HOUSE OF REPRESENTATIVES but for his leadership, initiatives like Growing HON. JANICE D. SCHAKOWSKY Home that grew from his vision. Some of the Wednesday, May 11, 2005 OF ILLINOIS best evidence of his legacy can be found in Mr. RAHALL. Mr. Speaker, today I am intro- IN THE HOUSE OF REPRESENTATIVES the people he touched and motivated and who ducing two bills that pay tribute to those serv- Wednesday, May 11, 2005 will carryon his work. ice personnel who have nobly served our Na- Les Brown had an enormous impact and in- tion in times of conflict. In both cases, the leg- Ms. SCHAKOWSKY. Mr. Speaker, later this fluence on the people he met, creating a gen- islation extends pension benefits to those vet- month, people in Chicago will gather to cele- eration of advocates who will follow in his erans who served in harm’s way, though not brate the life and achievements of William path. One of them, Fred Friedman, wrote the in a time of declared war. ‘‘Les’’ Brown. Les Brown had an enormous in- following in commemoration: Under current law, you may only draw a full fluence on the way our nation thinks about LES BROWN’S LEGACY pension if you served in combat during a de- homelessness. He was a person of intel- Les Brown died the other day. I did not clared period of war. This distinction served its ligence, creativity, passion and caring who know him very well or very long but he was purpose well during many of America’s 20th showed that we can each make a difference very dear to me. Century engagements, as our involvement in in helping to create communities that provide I first met Les when I was still living in a those wars was clearly defined. World Wars I support and opportunities for every individual. homeless shelter. As you might guess, it was at a meeting about homeless youth. Later, and II and the Vietnam War are prime exam- I am fortunate to have known and been in- spired by Les and I, like many Chicagoans, he was kind enough to see me in the office of ples. the Chicago Coalition for the Homeless. I However, American service personnel have will miss him. was trying to decide what, if anything, to do served—and faced heavy fighting—in conflicts Les Brown was best known as the founder with my life. At that meeting, I told him that have not been declared ‘‘war’’ by our gov- of the Chicago Coalition for the Homeless, that people, including myself, sometimes ernment. Case in point is Korea. Our Armed formed in 1980 with the help of the Travelers had trouble seeing me as anything other Forces lost 33,741 dead in that conflict, even and Immigrants Aid Society, the Jewish Coun- than a mentally ill homeless person. He said though President Truman called our participa- cil on Urban Affairs, and other service pro- that he understood, and that some people tion a ‘‘police action’’ and never asked Con- viders. Karen Singer, executive director of the had trouble seeing him as anything other YWCA Evanston/North Shore, called him the than a person with a bad heart. I am sure gress for a formal declaration of war. that was a lie, Who could think Les had a The point of the matter is that while war is ‘‘moral compass’’ of the movement to end bad heart? However, it was incredibly kind. not always clearly defined, the sacrifice of our homelessness. Ed Shurna, the current execu- I got to know him a little better at many service personnel is. tive of the Chicago Coalition for the Homeless, endless Continuum (of Care) meetings. Even- With the support of the American Legion acknowledges him as ‘‘the chief strategist and tually, he nominated me for the Governing and noted West Virginia veteran John Peters, idea man behind most of the Coalition’s suc- Board of the Continuum. Still later, he, I introduce these bills to correct what many cesses’’ in providing housing, jobs programs along with Paul Selden and I, founded Next believe is an inequity in determining veterans’ and health care for the homeless. Steps, NFP. Still later, I got to hear him play a mean Jazz piano. pension benefits. The first bill would provide A social worker, former Air Force medical I do not know his family, or if he left any the basic guarantee of a pension to those who corpsman and a blues pianist, Les Brown property to them, but I do know that he left served in Korea, Lebanon, Granada and Pan- used all of his skills to push for solutions. me a great legacy. Les saw people without ama. In each case, American service per- While others ignored the problem, he taught homes and tried to find them homes. He saw sonnel were faced with significant danger and, us that homelessness can be solved and that hungry people and tried to feed them. He saw again in each case, American lives were lost. individuals living on the street deserve to be people without power, and tried to empower With this in mind, I believe it is imperative that treated with dignity. In 1983, he organized the them. He saw people without hope and tried first national conference on homelessness in to give them hope. He took his work, but not our government provide veterans of those himself, seriously. He could disagree without conflicts with appropriate pension benefits. Chicago. In 1984, he underwent a heart trans- being disagreeable. He understood that good The second bill I am introducing would ex- plant but never let that slow him down or limit people could disagree with him, and that he tend pension benefits to those servicemen and his dedicated activism. For his entire life, he could be wrong. In short, Les left me a leg- women whose actions earned them the Expe- fought to keep this issue at the top of the polit- acy of trying and working, even when trying ditionary Medal. For those who are unfamiliar ical agenda, reminding us that the homeless and working seems silly. In other words, he with what an Expeditionary Medal is, or the are not nameless beings or numbers, but in- left me legacy of hope. I promise to use that actions for which it is awarded, the Joint fants and children, working mothers and fa- legacy to continue his fight, until no one Chiefs of Staff must determine that the service thers, returning veterans and those living with goes to bed hungry, and everyone has a home and hope. personnel is engaged where hostile action by illnesses who deserve our support and a safe, foreign armed forces is imminent. Again, I be- decent place to live. f lieve those who have put their lives on the line Les Brown grew up in rural Georgia, where IN HONOR OF THE MONTEREY in defense of our country, especially when rec- he learned his values from his parents, who COUNTY HEAD START PROGRAM ognized by the Joint Chiefs, deserve the bene- taught him the values of fairness and social fits a military pension provides. justice. It was the love of the land that he de- HON. SAM FARR The United States has sent service per- veloped in childhood that gave him the inspira- OF CALIFORNIA sonnel to all corners of the globe to defend tion for ‘‘Growing Home,’’ an initiative that IN THE HOUSE OF REPRESENTATIVES our freedoms and way of life. In all cases, our helps the homeless learn job skills at an or- troops have served nobly and honorably. In ganic farm in Marseilles, Illinois. According to Wednesday, May 11, 2005 several cases, war has been declared offi- Les, ‘‘Homeless people often are without Mr. FARR. Mr. Speaker, I rise today to cially—and those who participated in those ac- roots. They’re not tied down, connected, not honor the 40th anniversary of the Monterey tions certainly deserve to receive a military part of their family anymore. Our organic farm- County Head Start Program. The program pro- pension for their sacrifice. However, American ing program is a way for them to connect with vides a comprehensive child development pro- personnel have also served in conflicts not of- nature—to plant and nurture roots over a pe- gram to preschool children whose families live ficially declared war, and have been faced riod of time. below poverty level. The Monterey County with incredible dangers. To these veterans I When you get involved in taking responsi- Head Start Program is dedicated to serving say you deserve the same pension benefits bility for caring for something, creating an en- and supporting the communities of Monterey afforded your brothers and sisters in arms who vironment that produces growth, then it helps County through educational development of

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00227 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9372 EXTENSIONS OF REMARKS May 11, 2005 children that fully prepare them for school and family-owned company based in Paducah, Knightdale and Laura Bowles Warren of their experiences in life. Ky. His son, Bill Horner III, is the current McLean, Va., and nephew Jim Hulin of The Monterey County Head Start Program publisher. Jamestown. Horner was born in Sanford and graduated originated in Castroville in June 1965 with the In addition to his father, Horner was pre- from Sanford Central High School. As a ceded in death by his mother, Nannie An- help of the Community Action Agency. The youth, he delivered the Herald on his bicycle drews Horner, in 1978. program expanded to Salinas and Seaside in and later spent afternoons and evenings Horner was born in Sanford and graduated 1975 with grant support from the Monterey working in the mailroom. from Sanford Central High School, com- County Office of Education. Now, the Head He earned an English degree at UNC-Chap- pleting his high school degree while working Start Program operates 26 preschool centers el Hill in 1959, working in the newspaper in- afternoons and evenings in the mailroom of in Monterey County, providing services to well dustry during the summers. The Herald. Upon turning 12 years old, he Horner served 2 years in the Navy after took a bicycle paper route that served 125 over one-thousand children and their families. graduation, then returned to the Herald at Their goal to provide the highest quality pro- customers in a section of downtown Sanford the behest of his father, who told his son he near the family home. Following high gram for the children and families in the coun- would start as a printer’s devil. school, he attended the University of North ty has been very successful. ‘‘I had some idea of what a printer’s devil Carolina at Chapel Hill, earning a degree in Every child in the Head Start Program is was,’’ Horner wrote in 1980, ‘‘and it didn’t English in 1959. provided the highest quality child development sound nearly as flashy as being a lieutenant During his college years, he stayed close to program based on the internationally ac- (jg) in the U.S. Navy.’’ the newspaper business—working one sum- claimed, research-based High Scope Cur- But he came home nevertheless, working mer as a reporter for The Raleigh Times, the in the print shop and then moving on to now-defunct sister newspaper of The News & riculum. Physical and dental examinations are other parts of the newspaper, including the given to each child, as well as an individual- Observer, and another selling subscriptions newsroom. door-to-door in rural Kentucky for The (Lou- ized educational program to suit each child’s He gradually assumed a greater role in the isville) Courier-Journal. needs. The program also offers the Early management of the newspaper, taking over After his graduation from Chapel Hill, Head Start Program which is designed to pro- major decisions about the business upon Horner—who was a part of the Reserve Offi- vide assistance to qualifying pregnant women, W.E. Horner’s semiretirement in 1966 at the cer Training Corps during his college years— infants, and toddlers; as well as parent edu- age of 65. was commissioned as an ensign and called up ‘‘Bill was very kind and supportive to me cation for nutrition, first aid, and self-suffi- for a two-year hitch with the Navy. He spent over the years, and I always considered him most of that time aboard the aircraft carrier ciency skills. Truly, this is an inclusive pro- more of a friend than as my boss,’’ said R.V. gram that has enhanced the lives of so many U.S.S. Forrestal as chief disbursement offi- Hight, who began work at The Herald in 1979 cer on the ship’s supply officer staff. residents in the 17th district. as sports editor and now serves as special Horner wrote in the 50th anniversary edi- Mr. Speaker, I wish to congratulate the projects editor. tion of The Herald in 1980 that while aboard Monterey County Head Start Program for forty ‘‘He loved this newspaper and was a strong the Forrestal, his duties ranged ‘‘from being years of outstanding service. The Head Start leader as both general manager and pub- disbursing officer in charge of the ship’s fi- staff performs an exceptional job daily facili- lisher. I am grateful to have known Bill, and nances and safes, in which I kept more than I shall miss him.’’ $7 million in cold, hard cash, to being an as- tating school readiness for children and fos- In addition to his son, he is survived by his sistant stores officer when about all I had to tering lifelong independence and personal re- daughter, Belinda Horner Cooper of Hamp- do was check storerooms to make sure the sponsibility for low-income families. The Mon- stead; close friend Carol Bowman of Sunset pliers, wrenches and ballpoint pens were Beach; sisters Louise Horner Bowles of terey Head Start Program provided services to counted correctly.’’ Greensboro and Nancy Horner Hulin of Caro- over thirty-thousand children and families in Eventually promoted to the rank of lieu- lina Beach; four grandchildren; and two the rural and urban communities of Monterey tenant (junior grade), Horner was about to nieces and a nephew. County, and our community is immensely disembark in Naples, Italy and fly back to The family asks that, in lieu of flowers, Norfolk, Va., for mustering out when he grateful for their contribution. people consider making donations to the wrote he ‘‘received THE letter from the ‘old f Lower Cape Fear Hospice & LifeCareCenter, man’—not the Navy one, the Herald one.’’ 10 Doctors Circle, Suite 4, Supply, NC, 28432, Horner said his father detailed plans in the TRIBUTE TO BILL HORNER, JR., A or to the charity of their choice. letter for his son to come back to the news- RESPECTED NEWSMAN A memorial service is scheduled for 11 a.m. paper to formally learn the trade—beginning Tuesday at St. Luke United Methodist with the job of ‘‘printer’s devil’’ in the news- Church. HON. BOB ETHERIDGE paper’s ‘‘back shop,’’ and then learning to OF NORTH CAROLINA [From the Sanford Herald] operate a linotype machine, before moving IN THE HOUSE OF REPRESENTATIVES FORMER HERALD PUBLISHER, 67, DIES to the other departments of the operation. SUNSET BEACH.—Former Herald Publisher ‘‘I had some idea of what a printer’s devil Wednesday, May 11, 2005 Bill Horner Jr., who oversaw the newspaper’s was,’’ Horner wrote in 1980, ‘‘and it didn’t Mr. ETHERIDGE. Mr. Speaker, I rise today conversion from ‘‘hot-type’’ to ‘‘cold-type’’ sound nearly as flashy as being a Lieutenant to note the passing of a distinguished gen- offset printing, died Thursday of complica- (jg) in the U.S. Navy.’’ By then, he was married to his first wife, tleman. Bill Horner, Jr., the former publisher of tions following a three-year battle with can- cer. the former Shirley Prendergast, whom he The Sanford Herald, was a great North Caro- William Edwin Horner Jr., 67, was the son met in the Navy, and Horner eventually linian. He died last month after a 3 year battle of Herald founder W.E. Horner, who died in worked his way through all departments of with cancer, and is survived by a fine and lov- 1994, and father of current publisher Bill the newspaper, even serving as interim edi- ing North Carolina family. I ask permission to Horner III. A memorial service is planned for tor for a period in 1964. submit for the RECORD several newspaper re- 11 a.m. Tuesday at St. Luke United Meth- One of his experiences that same year as a ports on this sad occasion. odist Church, where Horner was a member. reporter, he’d later say, showed him the im- The Rev. Bob Yandle, a friend of Horner’s for portance of a newspaper’s role in the commu- BILL HORNER JR., 67, NEWSMAN WAS many years, will officiate. nity. PUBLISHER OF THE SANFORD HERALD Diagnosed with esophageal cancer in the He was assigned to cover a gathering of the (From the Associated Press) fall of 2001, Horner underwent surgery for the local chapter of the Ku Klux Klan, which was SANFORD.—Bill Horner Jr., the middle man disease on two occasions and was in remis- active in Lee County at the time. After being in a family tradition of publishing The San- sion for a time, but the cancer returned and searched for weapons and a camera, Horner ford Herald, died Thursday of cancer, the his health declined steadily in the last year. was allowed to enter the area where the Klan newspaper reported. He was 67. In addition to his son, he is survived by his was preparing for a cross burning. He furi- Horner died in Sunset Beach, where he had daughter, Belinda Horner Cooper, of Hamp- ously scribbled notes about what he saw, and moved after his retirement 7 years ago. stead, and her husband Billy; his special when it was all over with, he headed back to Beginning in the 1960s, William Edward friend Carol Bowman of Sunset Beach; sis- his car. ‘‘I got stopped by one of the Klan’s Horner Jr. worked in all departments of the ters Louise Horner Bowles of Greensboro and security guards on the way out,’’ he’d later paper before he finally followed in the foot- Nancy Horner Hulin of Carolina Beach; and say. ‘‘They searched me again and found my steps of his father, Herald founder W.E. grandchildren William E. ‘‘Zachary’’ Horner notebook. They wanted to see what I had Horner, as publisher in 1991. IV, Addison Horner and Karis Horner, chil- written, so I showed it to them—but I handed He retired April 1, 1998, when the news- dren of Bill III and his wife, Lee Ann. Also them my notebook upside down. One of the paper was sold to Paxton Media Group, a surviving are nieces Cheryle Hulin Brown of guards looked at it for awhile—nobody could

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00228 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9373 read my handwriting except me—and gave it rials to the Lower Cape Fear Hospice & CONGRESSMAN KILDEE RECOG- back and said, ‘OK, you can go.’ I came back LifeCareCenter, 10 Doctors Circle, Suite 4, NIZES AMERICAN RED CROSS and wrote the story.’’ Supply, N.C., 28432, or to the charity of their EVERYDAY HEROES Horner gradually assumed a greater role in choice. the management of the newspaper, espe- Arrangements are by Brunswick Funeral cially upon W.E. Horner’s ‘‘retirement’’ in Services in Shallotte and Rogers-Pickard HON. DALE E. KILDEE 1966 at the age of 65. The elder Horner never Funeral Home. The family will receive OF MICHIGAN really left the business, keeping an office friends following the memorial service at the IN THE HOUSE OF REPRESENTATIVES and writing the ‘‘Good Afternoon’’ column home of Bill Horner III. Wednesday, May 11, 2005 nearly every day until the mid-1980s. But he did leave the major decisions about the busi- [From the Dunn Daily Record] Mr. KILDEE. Mr. Speaker, I stand before ness to his successor. The son eventually STATE LOSES RESPECTED NEWSMAN you today on behalf of one of our country’s succeeded the father as publisher in 1991 and most honored and respected organizations, retired on April 1, 1998, when the newspaper Please allow us to note the passing of a friend and colleague in North Carolina’s the American Red Cross. Each year, the Gen- was sold to Paxton Media Group, a family- esee-Lapeer Chapter of the Red Cross ac- owned company based in Paducah, Ky. newspaper community. Bill Horner Jr., ‘‘Bill was very kind and supportive to me former publisher of The Sanford Herald in knowledges individuals who have shown tre- over the years, and I always considered him neighboring Lee County, died Thursday after mendous courage, kindness, and selflessness more of a friend than as my boss,’’ said R.V. a three-year battle with cancer. through acts of goodwill and heroism. Twenty- Hight, who began work at The Herald in 1979 At just 67, Mr. Horner died in Sunset five such people will be honored May 13, at as sports editor and now serves as special Beach, where he had moved after his retire- the 2005 Salute to Everyday Heroes. projects editor. ‘‘I shall forever be indebted ment seven years ago. Everyday Heroes are chosen by the Red to Bill for hiring me and for the encourage- Having grown up in a newspaper family, Cross from several categories: Fire, Law En- ment he gave me over the years. He loved Mr. Horner stayed close to the business dur- ing his college years, working one summer as forcement, Emergency Medical Response, this newspaper and was a strong leader as Community Good Samaritan, Youth Good Sa- both general manager and publisher.’’ a reporter for The Raleigh Times, the now- ‘‘I am grateful to have known Bill and I defunct sister newspaper of The News & Ob- maritan, Adult Good Samaritan, and Work- shall miss him.’’ server, and another selling subscriptions place Good Samaritan. Nominees are selected Robert Stone worked at The Herald for 44 door-to-door in rural Kentucky for The (Lou- for acts of bravery related to fire, rescue, and years, retiring in 1996. isville) Courier-Journal. lifesaving, and are awarded to those who live ‘‘He understood that a local newspaper is After graduating from the University of in Genesee or Lapeer Counties, or if the res- all about local news,’’ Stone said of Horner. North Carolina at Chapel Hill in 1959, Mr. cue occurred in one of the two counties. ‘‘And I think, really and truly, he understood Horner—who was part of the Reserve Officer Deputy Lawrence Fields is this year’s Law better that the employees were the impor- Training Corps during his college years—was commissioned as an ensign and called up for Enforcement Everyday Hero, and Lieutenant tant part of the organization. John Speck is the Emergency Medical Re- Charlie Welborn, a partner with the ac- a two-year hitch with the Navy. He spent counting firm of Davenport, Marvin, Joyce & most of that time aboard the aircraft carrier sponse Hero. Co., was a best friend of Bill Horner III and U.S.S. Forrestal as chief disbursement offi- Good Samaritan Awards will be given to: eventually became the newspaper’s account- cer on the ship’s supply officer staff. The Honorable Judge Duncan Beagle (Com- ant—and a close friend of Bill Jr.’s as well. After his military service, he returned to munity), Robert Duffy (Workplace), Deputy ‘‘Bill was a very successful businessman The Herald at the behest of his father, Her- Dave McDonald, Christopher Tanner, Jerry who carried on the tradition of The Herald ald founder W.E. Horner, who told his son he Scheddel, and Raymond Hile (Adult), and Mat- that was founded by his father,’’ Welborn would start as a printer’s devil. thew Harris (Youth). said. ‘‘I enjoyed the business relationship He worked in the newspaper’s print shop Those receiving the Fire Everyday Hero and then moved on to other parts of the that we had, but more importantly he was a Award include: Tony Windham, Chad McBride, very good friend. I visited him often at the newspaper, including the newsroom. He beach and he was always interested in the gradually assumed a greater role in the man- Jim Bennett, Jasen Stevens, Firefighters Ed- news from Sanford/Lee County. He would agement of the newspaper, taking over major ward Reynolds, Jeffery George, Jeremy Gil- reminisce about his career, family and decisions about the business upon his fa- bert, Michael Gist, Robert Parrish, Michael friends. I will miss him greatly and feel that ther’s semi-retirement in 1966 at the age of Rose, Tony Terry, and Robert Winford, Lieu- I am a better person for having known him.’’ 65. tenants Yaskuo Hall and Martin Juarez, and A former member of the Kiwanis Club of Having worked in every department of the Captain Raymond Barton. Sanford and the Rotary Club of Sanford, paper, Mr. Horner took over as publisher in A special Spirit of Heroism award will be 1991. He retired on April 1, 1998, when the Horner was a lifelong member of the General given posthumously to Ms. Cherica McLemore Alumni Association of UNC and was also ac- newspaper was sold to Paxton Media Group, tive on the boards of directors of several a family-owned company based in Paducah, of Flint. Ms. McLemore’s life was tragically cut local organizations, including Southern Na- Ky. His son, Bill Horner III, is the current short last January, as a car struck her after tional (and later BB&T) Bank. publisher. she stopped to help victims of another crash. He served a term as a director for the Bill Horner Jr. was a respected newspaper Mr. Speaker, I applaud these courageous North Carolina Press Association—an orga- man who built on the success of his father. men, and the life of this caring young woman, nization for which both his father (in 1939) Under Bill Horner Jr., the newspaper made for all they have done for others. Through their and son (in 2002) both served as president— strides in technology and in its community actions, they gave a priceless gift—a second and was a member of St. Luke United Meth- service, consistently winning awards from chance at life. Their contributions are deserv- the North Carolina Press Association. odist Church. ing of the highest respect, and I ask my col- Horner moved to Sunset Beach a few ‘‘Bill was very kind and supportive to me months after his retirement and became ac- over the years, and I always considered him leagues in the 109th Congress to please join tive as a member of the board of directors of more of a friend than as my boss,’’ said R.V. me in recognizing them for who they truly the Providence Home Family Emergency Hight, who began work at The Herald in 1979 are—heroes. Teen Shelter in Southport, and played a key as sports editor and now serves as special f role in the organization’s fund-raising ef- projects editor. ‘‘He loved this newspaper forts. and was a strong leader as both general man- RECOGNIZING ROBERT ‘‘BOB’’ He enjoyed sailing and for many years held ager and publisher. I am grateful to have BURGER a private pilot’s license and built and flew known Bill and I shall miss him.’’ his own remote-control airplanes. He was an Another longtime Herald staffer, Robert HON. MARCY KAPTUR experienced gardener and ham radio oper- Stone, worked at the newspaper for 44 years, OF OHIO ator, and once talked to explorer and adven- retiring in 1996. turer Thor Hyerdahl during one of ‘‘He understood that a local newspaper is IN THE HOUSE OF REPRESENTATIVES Hyerdahl’s ocean-crossing raft trips, as well all about local news,’’ Mr. Stone said. ‘‘And Wednesday, May 11, 2005 as to King and Queen Hussein of Jordan. He I think, really and truly, he understood bet- enjoyed reading and classical music and was ter that the employees were the important Ms. KAPTUR. Mr. Speaker, I rise today to a keen observer of current events and world part of the organization. recognize longtime community resident Robert politics. With his passing, the Sanford community— ‘‘Bob’’ Burger for his leadership, determination In lieu of flowers, the family has requested and that state’s newspaper community—has and dedication as a community leader in To- friends consider making donations or memo- lost a dear and respected friend. ledo, Ohio.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00229 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9374 EXTENSIONS OF REMARKS May 11, 2005 Bob Burger, ‘‘Mr. Neighborhood,’’ who re- Mr. Speaker, while this poem was a dedica- CONGRATULATIONS TO MAURIZIO cently turned 80 years old, has given unself- tion to the care and ease the ‘‘Lady-in-Chief’, IZZI, NEW AMERICAN CITIZEN ishly of his time and ability to help rebuild and as Florence Nightingale was called during the revitalize our city, particularly the East Toledo Crimean War, brought to the soldiers as they HON. DONALD M. PAYNE neighborhoods. Beginning in his home com- laid in pain, it can easily be applied to the OF NEW JERSEY munity of East Toledo and then extending his nurses that are thoughtfully attending to the IN THE HOUSE OF REPRESENTATIVES reach for community betterment city wide, he needs of the sick and wounded today. started this quest back in 1972 when he From a mere ache in the neck, to recovery Wednesday, May 11, 2005 founded River East Associates and served as after surgery, nurses are the ones who are Mr. PAYNE. Mr. Speaker, I would like to ask its first president. Mr. Burger also played a consistently by their patients’ side, taking care my colleagues here in the U.S. House of Rep- major part in the creation of River East Revi- of their daily needs. By the time a patient resentatives to join me in congratulating Mr. talization Corporation in 1974; that organiza- leaves, his or her nurse will know not just Maurizio Izzi of Rome, Italy, and in welcoming tion helped create a comprehensive plan for what the patient needs in order to complete him as he becomes a fellow American citizen. redevelopment of East Toledo’s main business his or her medical treatment, but what makes On May 11, 2005, Mr. Izzi will take the oath district along Main Street, Front Street and the patient laugh and what makes the patient of allegiance at Faneuil Hall in Boston. On Starr Avenue. cry. A great nurse makes the difference be- Saturday, May 14, family and friends will gath- Mr. Burger is particularly well known in our tween a tolerable stay in the hospital and en- er to celebrate this milestone in Mr. Izzi’s life. community as a director of the Neighborhood durable pain, or an insufferable wait and ex- Mr. Izzi follows in the tradition of his great Improvement Foundation of Toledo, Incor- cruciating agony. aunt, Maria Valente, who became a citizen in porated (NIFTI) from 1978 through 1994. He is Today, our country relies on the tender care 1961 and now resides in Arlington, Massachu- also well known in our community as a vet- of 2.4 million nurses, who are truly the silent setts. In the year 2000, Mr. Izzi took his first erans leader. He is currently commander of heroes of our health care system. Their di- job in the United States at the Empire State the Arthur Daly American Legion Post 334 and verse occupation provides comfort to women Building as a Configuration Management Con- he previously served as commander of the and men of all ages, illnesses, and profes- sultant. On May 20, 2000, he married his love- Veterans of Foreign War Post 2510 in 1974 sions, beginning from their first day on earth to ly and charming wife, the former April and 1975. their very last. Nurses across this country de- Peloquin. They now reside in Hopedale, Mas- No one of us can ask more than to be given serve the same support and consideration as sachusetts. the years to do good for others. Bob Burger’s they have given to us, and as I stand here Mr. Speaker, we are all fortunate to live in patriotic dedications have yielded exactly today to honor their tireless work and selfless this land of opportunity, and Mr. Izzi embodies that—and inspired an entire city to take hold acts. the qualities that have made our nation great: of itself and transform it parcel by parcel, Mr. Speaker, I also ask my colleagues to a spirit of perseverance, industriousness, de- block by block into the Toledo for tomorrow. join me in giving their undivided attention to votion to family and love of country. It is a The power of his gentle personality, his kind- the crisis of nurse shortage in our nation. pleasure to welcome him as a fellow American ness, skill, and vision have helped enlarge Mr. Speaker, as health care costs continue citizen. and build forward a real ethic of community in to rise, and as the number of uninsured has f Toledo. How fortunate we are. climbed to its highest number ever of 45 mil- Such are his contributions to our community lion Americans, nurses across this country are IN HONOR OF MR. JOHN PEDRO that Toledo City Council has begun the proc- being overstretched and underappreciated. ess of renaming a portion of Starr Avenue as Consequently, the backbone of our health HON. SAM FARR ‘‘Bob Burger Avenue,’’ which is only appro- care system is starting to falter, as the number OF CALIFORNIA priate because it is located in the heart of the of registered nurses drops to its slowest IN THE HOUSE OF REPRESENTATIVES River East Main business district that Mr. growth rate since 1980. Wednesday, May 11, 2005 Burger has done so much to promote and ad- Enrollments in nursing schools are not vance. For his part in revitalizing one of our meeting the demands of the population, and Mr. FARR. Mr. Speaker, I rise today to great communities, I wish to recognize the job burnout is causing current nurses to leave honor the life of California Highway Patrol Offi- contributions of Robert Burger and congratu- the profession. According to the June 2001 cer John Pedro, an influential member of the late him on having a street renamed in his issue of TrendWatch published by the Amer- Santa Cruz community. On June 3, 2002, Offi- honor. It is particularly appropriate to name a ican Hospital Associations, 75 percent of va- cer Pedro was tragically killed in a traffic colli- major arterial in his home community in his cancies in hospitals nationwide are nursing sion that occurred while attempting to overtake honor for surely he has been a lifeline to the positions. and initiate an enforcement stop on a vehicle. citizens of the community. Mr. Speaker, for the first time in history, the Officer Pedro is survived by his wife Colleen, f nurses of our country are suffering in a daughter Sara, mother, Kay and sisters, Kathy wounded profession. Let us work together to and Tammy. CELEBRATION OF NATIONAL ensure that incentives are provided so that the Officer Pedro was born in Watsonville, CA NURSES WEEK younger generation considers becoming a part on June 17, 1965 and graduated from of one of the oldest and most venerable pro- Watsonville High School in 1983. He obtained HON. ELIJAH E. CUMMINGS fessions again. Let us be at the side of our an Associate of Arts Degree in Liberal Arts OF MARYLAND nurses as they are at our side during our time and Music. Officer Pedro joined the United IN THE HOUSE OF REPRESENTATIVES of need. States Military as an Army Reservist in 1989. Wednesday, May 11, 2005 It took nurses 29 years before they were He subsequently transferred to the Air Force able to get a week of recognition for all of the Reserves in 1991. While playing trombone for Mr. CUMMINGS. Mr. Speaker, as I rise hard work they put into our society year-round. the Air Force Band, he met the love of his life, today to celebrate National Nurses Week, May Let us make sure it doesn’t take another 29 Colleen. Officer Pedro married Colleen on 6–12, 2005, I would like to start off by reciting years before we start tending to the needs of March 27, 1993. They were soon blessed by a passage of a poem written for Florence their profession. They need more training, the birth of their daughter, Sara, on March 19, Nightingale—the original nurse who began the more research and more resources—I hope 2000. revolution that would bring us the health care our budgets begin to reflect these priorities. Officer Pedro entered the California High- we know today: Lastly, I want to recognize our colleagues way Patrol Academy on July 31, 1989 and Now God sent this woman to succour the who served as nurses prior to joining us in the graduated on December 21, 1989. His first as- brave House of Representatives—EDDIE BERNICE signment was with the San Jose CHP. He Some thousands she saved from an untimely grave JOHNSON, LOIS CAPPS and CAROLYN MCCAR- also worked in the Redwood City CHP, Hay- Her eyes beam with pleasure, she’s boun- THY. I applaud your tireless work in raising ward CHP, Coastal Division, Gilroy Inspection teous and good nursing issues to a level of national signifi- Facility, and Santa Cruz CHP. Throughout his The wants of the wounded are by her under- cance, thereby improving our nation’s career as an officer, Officer Pedro had always stood. healthcare delivery system. expressed a desire to develop his expertise in

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00230 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9375 the field of commercial vehicles, specifically tive for the United Farm Workers. For 6 years, brating the 54th anniversary of their commis- focusing on highway safety and enforcement. Miguel worked under Chavez, gaining critical sioning with a reunion during the week of May Mr. Speaker, I am joined by Officer Pedro’s leadership, strategic, and political skills at the 12–15, 2005. family and fiends to honor his life and con- helm of one of our Nation’s greatest civil rights The officers of the 11th Special Basic tributions to the community. In appreciation for heroes. Course (11th SBC) at Quantico, Virginia, start- his duty, the California State Senate via Con- Miguel later joined the Hotel Employees and ed training in the fall of 1951 and completed current Resolution No. 67, officially designated Restaurant Employees’ (HERE) Union Local 2 their training in March 1952. Although the the location of State Route 1 between Harkins in San Francisco, where his coordination of a class was a relatively small one, with just over Slough Road and the Pajaro River Bridge, in citywide major hotel walkout led to the biggest two hundred officer candidates, they rep- Santa Cruz County, as the ‘‘CHAP Officer wage and benefit increases in history for the resented one hundred and eight different col- John Pedro Memorial Highway’’. Through this 14,000 member local union. His efforts spread leges and universities. Candidates from 36 dedication, our community will eternally re- beyond California to hotel organizing efforts in States, the District of Columbia and Guam member the sacrifices made by Officer Pedro Nevada and New York. were in this class, making it one of the most and others who have laid down their lives to Following a 3 year stint as political director representational Marine Corps basic officers’ fulfill a pledge of unwavering dedication to the of the Los Angeles County Federation of courses. people of the State of California Labor, Miguel was elected Executive Sec- During the Korean War the class had its share of officers who distinguished themselves f retary-Treasurer of the Federation in 1996. As head of the Federation, Miguel oversaw the in combat. Rod Skinner, Harvard ’51, was PERSONAL EXPLANATION operation of 350 local unions and more than awarded the Congressional Medal of Honor 800,000 union members. Under his leader- posthumously for valor. John Word received HON. BOB ETHERIDGE ship, the Federation became a powerful voice the Navy Cross, the second highest award that our Nation can bestow for courage. Oth- OF NORTH CAROLINA for working families throughout Los Angeles, ers were awarded the Silver Star, the Bronze IN THE HOUSE OF REPRESENTATIVES leading successful organizing and wage im- provement campaigns for janitors, bus drivers, Star, and the Purple Heart. The class also had Wednesday, May 11, 2005 mechanics, trauma center workers, and thou- its share of men wounded and killed in combat Mr. ETHERIDGE. Mr. Speaker, last week, sands of other workers. action. Although only a comparatively few members on Roll Call vote 150, I was not able to vote. As the first Latino elected to head Los An- became regular officers, many served and re- Please let the record show that had I been geles County’s powerful labor organization, tired from the Reserves while pursuing careers present, I would have voted Yes on House Miguel opened the door for thousands of in law, education, religious ministry, athletics, Resolution 210, supporting the goals of World Latino and immigrant workers throughout engineering, business, and politics. Among Intellectual Property Day and recognizing the Southern California to the union movement those who were career officers of the Corps importance of intellectual property in the and better wages and health benefits. In doing was a former Member of Congress, the Hon- United States and worldwide. so, he transformed the face of not only the orable Ben Blaz, Notre Dame ’51. Ben served f labor movement in Los Angeles, but of local, 30 years in the Marine Corps and achieved city, and State elected officials, and, inevitably, IN TRIBUTE TO MIGUEL the rank of Brigadier General before retiring the city and State as well. CONTRERAS and subsequently embarking on a political ca- The Los Angeles County Federation of reer. He was one of my predecessors as the Labor has become a model for union organi- HON. HILDA L. SOLIS Congressional representative from Guam in zations across the Nation. At a time when this, the House of the People. OF CALIFORNIA union membership is waning in other areas of It is a great honor for me to memorialize the IN THE HOUSE OF REPRESENTATIVES the country, it grew quickly in Los Angeles visit of these Marine veterans, their families Wednesday, May 11, 2005 County under Miguel’s leadership. The supe- and friends, to the capital of our Nation for rior labor organization he developed in Los whom they carried their swords in her de- Ms. SOLIS. Mr. Speaker, I rise today, along Angeles and its successes are just a part of fense. with my colleagues from California, Ms. Miguel’s enduring legacy to those most in Our Nation owes a debt of gratitude to PELOSI, Mr. GEORGE MILLER, Mr. BACA, Mr. need in our society. those who have served and to those who cur- BECERRA, Mr. BERMAN, Ms. CAPPS, Mr. CAR- As Members of the California Congressional rently wear the uniform of our armed forces. DOZA, Mr. COSTA, Ms. SUSAN DAVIS, Ms. delegation, we honor Miguel as champion for We therefore welcome the Marine Corps offi- ESHOO, Mr. FARR, Mr. FILNER, Ms. HARMAN, working families. We extend our deepest sym- cers of 11th Special Basic Course (11th SBC) Mr. HONDA, Mr. LANTOS, Ms. LEE, Mr. LOF- pathy to his wife, Maria Elena Durazo, and his on their reunion and we recognize their con- GREN, Ms. MATSUI, Ms. MILLENDER-MCDONALD, sons Michael and Mario, during this difficult tributions to our Nation. Ms. NAPOLITANO, Ms. ROYBAL-ALLARD, Ms. time. The Marine veterans and their families in- LINDA SA´NCHEZ, Ms. LORETTA SANCHEZ, Mr. Miguel Contreras’s passing is not only a tre- clude: Robert Altick, Leslie Altick, Al Bailey, SCHIFF, Mr. SHERMAN, Mr. STARK, Mrs. TAU- mendous loss for working families in Southern Mary Bailey, Charles Bentzen, Constance SCHER, Mr. THOMPSON, Ms. WATERS, Ms. WAT- California, but also throughout the Nation. His Bentzen, John Bickley, Anne Bickley, V. Ben SON, Mr. WAXMAN, and Ms. WOOLSEY, to pay tremendous strategic skills and dedicated pas- Blaz, Ted Brothers, Charles Clifford, David tribute to Miguel Contreras, who died unex- sion to improving the lives of others are rare Curry, Natalie Curry, Frank Delaney, Martha pectedly on Friday, May 6, 2005. As Executive and will be missed sorely by thousands of Delaney, Thomas Fallon, Mary Fallon, Mar- Secretary-Treasurer of the Los Angeles Coun- working men and women he called his broth- shall Figgatt, Alan Figgatt, Benis Frank, ty Federation of Labor and a Vice President of ers and sisters. Marylou Frank, Tina Cooper, Erika Helgeson, the California Labor Federation, Miguel was a f William Keating, Robert Land, Joan Land, friend to many of us in Congress from Cali- Thomas Land, James Land, John Lussenhop, fornia. More importantly, he was a staunch COMMENDING THE MARINE CORPS Kay Lussenhop, Gene Moyers, Fern Moyers, champion for working families in Los Angeles OFFICERS OF THE 11TH SPECIAL Herbert Oxnam, Betty Oxnam, Richard Pas- and throughout the country whose leadership BASIC COURSE ON THEIR 54TH chal, Len Paschal, Jordan Peck, Henry Pruitt, brought much needed vigor to our Nation’s REUNION Mary Pruitt, Thomas Qualls, Chayne labor movement. Stinemetz, Larue Stinemetz, Spatz Thomaidis, As the son of migrant farmworkers, Miguel HON. MADELEINE Z. BORDALLO Virginia Swisher, Stanley Wilson, and Barbara grew up in Dinuba, California, where he OF GUAM Wilson. worked in the Central Valley’s fields from the IN THE HOUSE OF REPRESENTATIVES To the Marine Corps officers of the 11th age of 5 alongside his parents and 6 brothers. SBC and their families, may you always know Following his parents’ example, Miguel be- Wednesday, May 11, 2005 that our Nation appreciates the sacrifices that came active in the labor movement, where his Ms. BORDALLO. Mr. Speaker, I rise to you have made and that your patriotism con- skills were recognized by the legendary Cesar commend the Marine Corps officers of the tinues to inspire the generations of Marines Chavez, who hired him as a union representa- 11th Special Basic Course who are cele- who follow in your footsteps. Semper Fidelis.

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00231 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9376 EXTENSIONS OF REMARKS May 11, 2005 SENATE COMMITTEE MEETINGS Health, Education, Labor, and Pensions MAY 19 Retirement Security and Aging Sub- 9:30 a.m. Title IV of Senate Resolution 4, committee Energy and Natural Resources agreed to by the Senate on February 4, To hold hearings to examine the Admin- Business meeting to consider comprehen- 1977, calls for establishment of a sys- istration’s recommendations for the sive energy legislation. tem for a computerized schedule of all Older Americans Act Reauthorization. SD–366 SD–430 Environment and Public Works meetings and hearings of Senate com- 2 p.m. Fisheries, Wildlife, and Water Sub- mittees, subcommittees, joint commit- Homeland Security and Governmental Af- committee tees, and committees of conference. fairs To hold an oversight hearing to examine This title requires all such committees Federal Financial Management, Govern- the Endangered Species Act. ment Information, and International SD–406 to notify the Office of the Senate Daily 10 a.m. Security Subcommittee Digest—designated by the Rules Com- Banking, Housing, and Urban Affairs mittee—of the time, place, and purpose To hold an oversight hearing to examine To continue hearings to examine Regula- analysis of national in-patient satisfac- tion NMS designed to strengthen our of the meetings, when scheduled, and tion survey, focusing on questions that any cancellations or changes in the national market system for equity se- have been raised regarding the cost and curities, focusing on recent market de- meetings as they occur. survey burden on patients of a survey velopments. As an additional procedure along of all hospitals in the United States SD–538 proposed by the Center for Medicare with the computerization of this infor- 1 p.m. and Medicaid Services. Foreign Relations mation, the Office of the Senate Daily SD–562 International Economic Policy, Export and Digest will prepare this information for 2:30 p.m. Trade Promotion Subcommittee printing in the Extensions of Remarks Judiciary To hold hearings to examine S. 883, to di- rect the Secretary of State to carry section of the CONGRESSIONAL RECORD Immigration, Border Security and Citizen- ship Subcommittee out activities that promote the adop- on Monday and Wednesday of each tion of technologies that reduce green- week. Terrorism, Technology and Homeland Se- curity Subcommittee house gas intensity in developing coun- tries, while promoting economic devel- Meetings scheduled for Thursday, To hold joint hearings to examine opment. strengthening our national security, May 12, 2005 may be found in the Daily SD–419 Digest of today’s RECORD. regarding the need for comprehensive immigration reform. MAY 24 SD–226 MEETINGS SCHEDULED 2 p.m. Health, Education, Labor, and Pensions MAY 18 MAY 13 Education and Early Childhood Develop- 9:30 a.m. ment Subcommittee 9:30 a.m. Energy and Natural Resources To hold hearings to examine issues relat- Armed Services Business meeting to consider comprehen- ing to American history. Closed business meeting to continue sive energy legislation. SD–430 markup of the proposed National De- SD–366 3 p.m. fense Authorization Act for Fiscal Year Environment and Public Works Banking, Housing, and Urban Affairs 2006. To hold hearings to examine eco-ter- To hold hearings to examine money laun- SR–222 rorism specifically examining the dering and terror financing issues in the Middle East. MAY 17 Earth Liberation Front (‘‘ELF’’) and the Animal Liberation Front (‘‘ALF’’). SD–538 9:30 a.m. SD–406 Environment and Public Works Homeland Security and Governmental Af- MAY 25 Clean Air, Climate Change, and Nuclear fairs 10 a.m. Safety Subcommittee Agriculture, Nutrition, and Forestry To hold closed hearings to examine nu- To hold hearings to examine a break- To hold hearings to examine the U.S. clear security. down in safeguards again fraud and Grain Standards Act. S–407 Capitol abuse in FEMA’s Disaster Relief Pro- SR–328A Energy and Natural Resources gram, focusing on FEMA’s response to Health, Education, Labor, and Pensions Business meeting to consider comprehen- the 2004 hurricanes. Business meeting to consider pending sive energy legislation. SD–562 calendar business. SD–366 Indian Affairs SD–430 Homeland Security and Governmental Af- To hold oversight hearings to examine fairs issues relating to the taking of land MAY 26 Investigations Subcommittee into trust. To resume hearings to examine the Room to be announced 10 a.m. Health, Education, Labor, and Pensions United Nations’ Oil-for-Food Program, Judiciary To hold hearings to examine issues relat- the illegal surcharges paid on Iraqi oil To hold hearings to examine issues relat- ing to the 21st century workplace. sales, and the nature and extent of the ing to protecting the judiciary at home SD–430 2003 Khor al-Amaya incident. and in the courthouse. SD–562 SD–226 SEPTEMBER 20 10 a.m. 10 a.m. Banking, Housing, and Urban Affairs 10 a.m. Banking, Housing, and Urban Affairs To hold hearings to examine the current Veterans’ Affairs To hold hearings to examine Regulation legal and regulatory requirements and To hold joint hearings with the House NMS designed to strengthen our na- industry practices for credit card Committee on Veterans Affairs to ex- issuers with respect to consumer dis- tional market system for equity securi- amine the legislative presentation of closures and marketing efforts. ties, focusing on recent market devel- the American Legion. SD–538 opments. 345 CHOB Commerce, Science, and Transportation SD–538 Health, Education, Labor, and Pensions To hold hearings to examine measures CANCELLATIONS that have been taken since September Business meeting to consider the pro- 11, 2001, to secure our nation’s ports, fo- posed Workforce Investment Act cusing on the implementation of the Amendments of 2005, and pending MAY 17 Maritime Transportation Security Act nominations. 10 a.m. and vulnerabilities that remain in the SD–430 Agriculture, Nutrition, and Forestry maritime transportation sector. Business meeting to consider the nomi- SR–253 nations of Thomas C. Dorr, of Iowa, to

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00232 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 11, 2005 EXTENSIONS OF REMARKS 9377 be Under Secretary of Agriculture for ber of the Board of Directors of the Rural Development, and to be a Mem- Commodity Credit Corporation. SR–328A

VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00233 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE