12526 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 SENATE—Monday, June 26, 2006

The Senate met at 2 p.m. and was SCHEDULE reports—one from General Casey, the called to order by the Honorable RICH- Mr. MCCONNELL. Mr. President, one on the chart, and the other from ARD BURR, a Senator from the State of today, we will be in morning business Prime Minister Maliki—provided a North Carolina. with time equally divided until 4 p.m. glimmer of hope for those of us who At 4, we will begin consideration of the have been demanding a new direction PRAYER resolution to prevent flag desecration. in the war in Iraq, a change of course. This afternoon, I want to note the The Chaplain, Dr. Barry C. Black, of- Chairman SPECTER will be here this fered the following prayer: afternoon for a period of debate only on similarity between General Casey’s ap- Let us pray: that resolution. parent plan to withdraw U.S. forces O God, who unites us with Your love, As previously announced, there won’t and the plan put forth by Senate order our steps. May no passing irrita- be any votes during today’s session. Democrats on this floor last week with tion rob us of our appreciation for oth- But Senators are encouraged to come the Defense authorization bill. Our ers. Keep us patient regarding human to the floor and speak if they would plan, designed by Senators LEVIN and failings; permit us to see Your image in like. REED, is very much like this program our world. The next rollcall vote will occur to- shown on the chart. That is by our Use our Senators to accomplish Your morrow, and we will notify Senators commanding general in Iraq. It said purposes. Give them wisdom to avoid when the vote is scheduled. much the same thing as our military majoring in minors or minoring in ma- leaders are saying all over the country, f jors. As they offer You their best, give specifically through General Casey, them Your abundant blessings. Give us MORNING BUSINESS specifically, that it is time for the all generous hearts and use us to bless Iraqis to take responsibility for their The ACTING PRESIDENT pro tem- own security and government so that Your world. pore. Under the previous order, there We pray in Your holy Name. Amen. the phased redeployment of U.S. forces will now be a period for the transaction from Iraq can begin by year’s end. f of morning business until 4 p.m., with As we all know, I think the Repub- the time equally divided between the PLEDGE OF ALLEGIANCE lican majority rejected the Levin-Reed two leaders or their designees. proposal on a straight party-line vote. The Honorable RICHARD BURR led the Pledge of Allegiance, as follows: f One courageous Republican voted with us. The rest were all no votes. Even RECOGNITION OF THE MINORITY I pledge allegiance to the Flag of the though it represents our best chance at United States of America, and to the Repub- LEADER lic for which it stands, one nation under God, making sure our troops succeed in Iraq, indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- and Iraq as a country succeeds, and, pore. The minority leader is recog- secondly, even though it is consistent f nized. with the plan of our top military com- APPOINTMENT OF ACTING Mr. REID. Mr. President, it is my un- mander in Iraq, on a straight party- PRESIDENT PRO TEMPORE derstanding that leader time is re- line on the floor last week the Repub- served; is that right? The PRESIDING OFFICER. The licans voted against the Levin-Reed The ACTING PRESIDENT pro tem- proposal, even though it was very clerk will please read a communication pore. The Senator is correct. to the Senate from the President pro much like General Casey’s proposal. By rejecting this amendment—the tempore (Mr. STEVENS). f Democratic amendment—the Repub- The bill clerk read the following let- IRAQ RECONCILIATION PLAN ter. licans made clear that they were con- Mr. REID. Mr. President, here is the tent to stay the course and to stay for- U.S. SENATE, lead sentence from an article in this ever in Iraq. I wonder how the majority PRESIDENT PRO TEMPORE, Washington, DC, June 26, 2006. day’s New York Times. This headline feels today now that General Casey’s To the Senate: also appeared in other newspapers plan is in the open, now that it is clear Under the provisions of rule I, paragraph 3, around the country. It ran under the that the congressional Republicans of the Standing Rules of the Senate, I hereby headline of ‘‘U.S. General in Iraq Out- stand alone in opposition to troop rede- appoint the Honorable RICHARD BURR, a Sen- lines Troop Cuts.’’ ployment, apart from the American ator from the State of North Carolina, to Mr. President, I think this first para- people, even though their stand is con- perform the duties of the Chair. graph says most of it: trary, I repeat, to the American people, TED STEVENS, even though the Republican stand is President pro tempore. The top American commander in Iraq has drafted a plan that projects sharp reductions contrary to the military commanders, Mr. BURR thereupon assumed the in the United States military presence there those who are in the battlefield in Iraq, chair as Acting President pro tempore. by the end of 2007, with the first cuts coming and even though the Republican major- f this September, American officials say. ity vote last week was contrary to the This, of course, we have learned came Iraqi Government. RESERVATION OF LEADER TIME from General Casey. This announce- Did they disagree with General The ACTING PRESIDENT pro tem- ment from our military was one piece Casey? Do they disagree that we need pore. Under the previous order, the of good news for those of us who be- to begin ending the open-ended com- leadership time is reserved. lieve we need a new course in Iraq. But mitment in Iraq? Do they, the Repub- f it was not the only good news we re- lican Senators, believe a plan for re- ceived this weekend regarding Iraq. ducing our troop levels, as they said RECOGNITION OF THE ACTING Another encouraging sign came from last week with the Levin-Reed pro- MAJORITY LEADER Baghdad itself where the Prime Min- posal—do they believe that what Gen- The ACTING PRESIDENT pro tem- ister believes it is also the time to eral Casey suggests is defeatist and pore. The acting majority leader is rec- start thinking about the withdrawal of that he is unpatriotic? Do they have a ognized. United States troops. Together, these plan now of their own—the Republican

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

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12527 majority—or do they still want to stay tisan politics—amnesty for terrorists Senator Donald Oliver who are visiting the course? who have killed our troops. us today. These are questions the American I have come to the floor many times f people are going to demand that the in recent weeks to discuss Iraq grant- Republican majority answer. ing amnesty to terrorists. Rumors are RECESS SUBJECT TO THE CALL OF The open-ended commitment the ma- no longer valid. These are not rumors. THE CHAIR jority advocates is simply not sustain- The Prime Minister himself has sub- Mr. STEVENS. Mr. President, I ask able, as seen through the eyes of Gen- mitted an amnesty plan. So it has unanimous consent that there be a mo- eral Casey, as seen through the eyes of turned into fact. But I still have very ment of recess so we may be able to in- the Iraqi Prime Minister. We must serious concerns. troduce the Senators and the Speaker transform the United States mission in According to the news reports out of to our distinguished leaders. Iraq and begin the responsible rede- Baghdad over the weekend, the Prime There being no objection, the Senate, ployment of U.S. forces this year. That Minister will pardon those who en- at 2:15 p.m., recessed until 2:21 p.m. and is what the Levin-Reed amendment gaged in legitimate acts of resistance. reassembled when called to order by said last week that the Republicans de- Against who, Mr. President? What does the Acting President pro tempore (Mr. feated. that mean? Does it mean that these are BURR). The war is now costing the American legitimate acts of resistance when we Mr. STEVENS. Mr. President, I sug- people about $2.5 billion each week. have soldiers trying to free someone gest the absence of a quorum. The ACTING PRESIDENT pro tem- Our military has been stretched thin, who is being detained by a kidnapper? pore. The clerk will call the roll. with every available combat unit in What are legitimate acts of resistance? The assistant legislative clerk pro- the Army and Marine Corps serving Against a Nation that liberated that ceeded to call the roll. multiple tours in Iraq, and our equip- nation from a brutal dictator? Is it a Mr. WYDEN. Mr. President, I ask ment needing $50 billion or $60 billion sniper who shoots at a soldier who is unanimous consent that the order for to be in the shape it was when we went trying to restore power and electricity the quorum call be rescinded. to war in Iraq. We have lost more than to a Baghdad neighborhood? Is it plac- The ACTING PRESIDENT pro tem- 2,500 American lives, 15 just last week. ing a roadside bomb next to a convoy pore. Without objection, it is so or- We have seen more than 18,000 wounded that was trying to repair a road in the dered. and a third to a half of them grievously Sunni triangle or fix a school? Is it det- f wounded. Iraq, according to a new re- onating an improvised explosive device port in Sunday’s L.A. Times, has lost against a team of U.S. soldiers who are ENERGY AND HEALTH CARE at least 50,000 of its citizens since 2003. attempting to build a hospital in Iraq? Mr. WYDEN. Mr. President, with the We cannot continue to pay these I think not. Senate heading for the break for the costs, nor can we continue to try to en- Just who is this resistance? What are Fourth of July recess, obviously, there gage growing threats such as North they resisting? Are they resisting free- will not be many more days left in this Korea, Iran, and Somalia with engage- dom or democracy? Why should they be year’s schedule. I am going to spend ments in Iraq tying one hand behind given immunity for acts that have been some time on the floor in the days us. perpetrated against the United States ahead focusing on those areas where The phased redeployment this year and against coalition forces? Why? The there is significant bipartisan support will put Iraqis in charge of their own concept, I believe, is outrageous and an for making a real difference for the security and allow many of our troops insult to all of the brave American sol- American people, especially on those to be redeployed. Some will come home diers who serve with distinction every key domestic issues of energy and and some will be available to deal with day. health care, two areas I know the Pre- other crises, such as Afghanistan, President Bush needs to forcibly tell siding Officer, the distinguished Sen- where the resurgent Taliban threat the Iraqi Prime Minister that his am- ator from North Carolina, cares a great must be eliminated, and where those nesty plan, as reported, is not welcome. deal about. responsible for attacks on this Nation The Senate had the chance to send this For example, on the energy front, still roam free basically. message last week. The majority stren- today, I and Senator KYL and Senator It is time for a new direction. Gen- uously resisted the attempt of us SNOWE and Senator LIEBERMAN sent a eral Casey realizes this. The American Democrats to send a clear message to letter to the distinguished majority people realize this. The Iraqi Govern- Iraq. In spite of the attempts to mini- leader, Senator FRIST, asking that we ment realizes this. And it is time for mize our amendment, it passed. We have an opportunity to debate how the the Republican majority in the Con- carried the day. Government can save between $20 bil- gress to realize this as well. I hope Republicans will revisit their lion and $80 billion on an energy pro- We don’t need a September or Octo- opposition in light of the latest devel- gram that is totally out of control. It ber surprise with the President and Re- opments, and I hope President Bush involves the Federal Government’s oil publicans proclaiming victory and an- will stand up for our troops by demand- and natural gas royalty program. nouncing troop redeployment just in ing the Iraqis drop any intentions they It is a program that began at a time time for the mid-term elections. We may have to let the terrorists go. when oil was somewhere in the vicinity need a nonpartisan approach that pro- I support reconciliation in Iraq; how- of $20 a barrel. It has been a bipartisan vides Iraqis and our troops with the ever, not at the expense of our Amer- concern of Senators that it makes no best chance for success now, in June, ican troops, those who have sacrificed sense to spend billions and billions of 2006. and those who are there now. They dollars subsidizing the price of oil when We are in the fourth year of this war. have sacrificed too much to see their it is at record levels. It is time that the direction is changed. service dishonored or their safety put I spent, as you know, Mr. President, It is time to end this game of partisan at risk. about 5 hours on the floor of the U.S. politics, of blindly rubber-stamping the The ACTING PRESIDENT pro tem- Senate discussing this issue a few White House, and of publicly rejecting pore. The Senator from Alaska. weeks ago, and I certainly have no in- ideas that are being embraced in pri- f tention of duplicating that this after- vate, and now in public, by our mili- noon. But I do think it is important to tary leaders. Our troops in Iraq are too VISIT TO THE SENATE BY MEM- zero in on those issues that have bipar- important to fall victim to these polit- BERS OF THE CANADIAN SENATE tisan support, and I want to describe ical games. Mr. STEVENS. Mr. President, I have what has happened in the Senate and This leads me to another important the honor of presenting the Speaker of in the other body since I and Senator subject the Senate must consider, the Canadian Senate, Noel Kinsella, KYL talked about this program a num- which has also fallen victim to par- and Canadian Senator Colin Kenny and ber of weeks ago.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12528 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 After we discussed it for those many should not be dawdling on this issue voted 252–165 to address this mistake. We do hours on the floor of the U.S. Senate, any longer. not necessarily believe the House proposal is on May 17 the House of Representatives We are talking about substantial the answer, but we should have an oppor- sums of money. The General Account- tunity in the Senate to take up the issue. We voted on a measure that was virtually want to correct the error by requiring the identical to the final Wyden-Kyl ing Office has said it is in the vicinity federal government to add price thresholds amendment. Two-hundred and fifty of $20 billion. There is litigation under- to all leases including those issued in 1998 Members of the House of Representa- way now. If the litigation is successful, and 1999. tives, with regard to this issue, after a the bill to the Government could be in We ask that you schedule an up-or-down lengthy debate, voted to address a mis- the vicinity of $80 billion. That is a vote on the issue at the earliest opportunity substantial amount of money to be and no later than the August recess. Thank take that has been pointed out by Sen- you for your prompt consideration of our re- ators of both political parties here on frittering away now when there are all quest. this floor. these pressing needs here at home and Sincerely, So my hope is—and this is the point for our country. RON WYDEN. of our bipartisan letter to Senator So given that I am going to be talk- JOSEPH I. LIEBERMAN. FRIST today—we can get an oppor- ing in the days ahead about issues JON KYL. tunity for a real debate on this issue on where there is significant bipartisan OLYMPIA SNOWE. the floor of the U.S. Senate before the support, specifically focusing on these Mr. WYDEN. It is the hope of the bi- Senate breaks for the August recess. key domestic issues of health care and partisan group of Senators that have It is one thing to talk about subsidies energy, I start today by making a followed this issue that this program, at a time, for example, when the price unanimous consent request that the run by the Minerals Management Serv- of oil is low, when the oil sector is letter that I, Senator KYL, Senator ice, can be corrected. These are costly, hurting, when they are having dif- LIEBERMAN, and Senator SNOWE have costly mistakes involving billions of ficulty getting the adequate dollars to- sent to Senator FRIST be printed in the dollars. The Presiding Officer, the Sen- gether for the investments that are RECORD. ator from North Carolina, has been a needed in this vital part of our econ- There being no objection, the mate- great advocate of renewable energy. omy. But certainly that is not the case rial was ordered to be printed in the For example, think what you could today. Today we are talking about RECORD, as follows: do if you took just a fraction of the money that is being wasted on royalty record profits, we are talking about U.S. SENATE, record prices, and we certainly do not Washington, DC, June 26, 2006. relief and moved it to the renewable need record subsidies. Hon. BILL FRIST, energy field. You could help stimulate I and Senator KYL would like a Majority Leader, U.S. Senate, renewable energy production and re- chance to put this issue before the en- Washington, DC. duce the deficit simultaneously. So DEAR SENATOR FRIST: Serious concerns tire U.S. Senate. On our letter today to that is what the bipartisan group of have arisen regarding the implementation of Senators want to do on this key issue. the majority leader, Senator SNOWE the federal government’s oil and natural gas Since I talked at some length about and Senator LIEBERMAN—two Members royalty program. Recent news reports and this a few weeks ago, I think I will who have been very involved in these the administration’s own statements suggest move on to the other pocketbook issue. issues for a number of years as well— that the government may be unable to col- But I do hope, with hundreds of bills are joining us. lect billions in royalties from certain leases having been introduced in the Senate I also point out the mistakes in this of federal land and waters. With oil and gas in both the energy and health care program are bipartisan. Certainly, prices at historic levels, there is no good rea- son for royalty relief incentives. areas, that as we go into these last there were mistakes made during the In an effort to promote the exploration and days of the session, the focus can be on Clinton administration when there was production of natural gas and crude oil in those pieces of legislation that have a failure to address what is called the deep water, the Deep Water Royalty Relief significant bipartisan support. That is threshold issue to ensure you do not Act of 1995 implemented a royalty-relief pro- true in the case of oil royalty relief and subsidize these oil companies at a time gram that relieves eligible leases from pay- ing royalties on defined amounts of deep- cutting those needless subsidies. It is when profits are extremely high and also true with respect to prescription you do not need these incentives. So water production. This would be accom- plished by allowing the Secretary of the In- drugs, and I will wrap up with a few the Clinton administration mangled terior and the oil and gas companies to enter comments in that regard. the job before President Bush and his into leases with a defined volume suspension Mr. President, on the prescription team took over. But certainly the and price threshold. This incentive was in- drug issue, we saw, just a few days ago, problem was compounded by Gale Nor- tended to help companies that undertook two reports issued, one by AARP and ton, who was then Secretary of the In- these investments in particularly highcost, the other by Families USA, indicating terior, who insisted on raising the sub- high-risk areas to be able to recover their we have seen a very significant in- sidies even more administratively. capital investment before having to pay roy- alties on their gross revenues. It came at a crease in the cost of prescription medi- And then, as I talked about on the cine since the beginning of this year. floor of the Senate when the Congress time when oil and gas prices were low and the interest in deep water drilling was lack- This comes, of course, at a time when passed the energy bill as part of this ing. At that time, the program was needed to Medicare Part D, the prescription drug session, the deal was sweetened even encourage production and it helped achieve program, is just kicking in. It comes at more. Again, virtually no independent that goal. The American Petroleum Institute a time, of course, when we have seen expert thought the subsidies were need- estimates that since 1996, natural gas pro- the costs of this program skyrocket far ed. When I asked the oil company ex- duction is up 407 percent and oil 386 percent. beyond the original projections. ecutives, who came before the Energy However, during 1998 and 1999, price thresh- It would indicate to me that some of Committee, on which the Presiding Of- olds were not included in terms of the leases, thereby allowing companies to recoup their those who said competition in the pri- ficer, the distinguished Senator from capital investments long before the expira- vate sector alone was going to do the North Carolina, and I both serve, the tion of volume suspension. The absence of job have not dealt with the con- executives, to a person, said: We do not price thresholds in these leases allows com- sequences of what happens when the need these subsidies at a time of record panies to benefit both from both high mar- Government does not back up those prices and record profits. ket prices and volume suspensions. The Min- private-sector kind of efforts. As you So the Congress is behind the Amer- eral Management Service has said the failure will recall, in the prescription drug de- ican people. Frankly, the Congress is to include price thresholds was not inten- bate, I was one of nine on this side of tional, but a costly mistake—and one that lagging behind even what the oil execu- the aisle who voted for the legislation. tives have said they could live with. At must be corrected with some help from Con- gress. I have got the welts on my back to a time when the House of Representa- On May 17, the House of Representatives show for it. tives—more than 250 in number—has during consideration of the Fiscal Year 2007 Senator SNOWE and I said then that voted to cut these subsidies, the Senate Interior Appropriations Bill debated and we have to make sure the Government

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12529 isn’t the only part of the prescription Federal arbitrary standards for the that drug prices jumped up in the first drug arena where there is no oppor- formularies that make judgments quarter of this year just as the Medi- tunity to hold down the cost of medi- about medicine would be a mistake. care Part D Program was going into ef- cine. Everybody else bargains today for Under our legislation, we specifically fect. the cost of medicine. That is true for say we will lift the restriction on bar- Finally, we understand that on the any manufacturing in North Carolina. gaining power so the Government will Senate calendar there is not going to It is true in Oregon. It is true any- not be the only part of the health care be a time for every possible issue to be where. Nobody ties their hands behind sector that is not trying to get value considered. In the case of energy and their back when it comes to trying to for the dollar. But our amendment said health care, there are hundreds of bills get the full value for their dollar in the no price controls and no uniform, one- in both areas, both energy and medical health care sector. The only one who size-fits-all formulary that, for all services, that have been introduced by has their hands tied behind their back practical purposes, would be a back- Senators of both parties. My hope is is the Federal Government when it door set of price controls. that a handful of these issues can be comes to prescription medicine pur- These two studies from AARP and moved to the head of the queue. The chased under the Part D Medicare Pro- Families USA are extremely alarming real measure for consideration ought gram. because the theory behind the Medi- to be significant bipartisan support. My sense is that this is another area care prescription drug program was In the areas I have talked about this where, with significant bipartisan sup- that having a variety of plans in the afternoon, that test has been met. The port, Congress can move ahead. On the private sector would produce competi- other body has already passed efforts question of lifting the restriction so tion, and competition would serve to to reduce these needless oil subsidies, that Medicare can bargain to hold hold down the cost of medicine. Now essentially passed the very thing I down the cost of medicine, Senator there is concrete proof that competi- talked about on the floor of the Senate SNOWE and I got 54 votes for our bipar- tion alone is not serving to be an ade- for 5 hours. A majority of Senators tisan proposal to change the law. Once quate strategy for containing the cost have voted for the effort Senator again, significant bipartisan support of medicine. That is why the bipartisan SNOWE and I have spearheaded to hold was given for a major change that will amendment Senator SNOWE and I have down the cost of medicine. There are help taxpayers and consumers. been pursuing since the prescription opportunities, at a time when the My sense is the price increases in drug program went into effect several country is looking at the partisanship prescription drugs we are seeing today years ago is much needed. coming from Washington, DC, to bring is because there are few restraints on When you have these higher prescrip- the Senate together around good and the prices that can be charged. There tion drug prices, premiums seniors bipartisan legislation that addresses are what are called PBMs, pharma- have to pay almost always bump up. the pocketbook concerns of the Amer- ceutical benefit managers. They have a Let’s think about what happens if you ican people. That is why I have come to role to play. It can be a useful one. But bump up the premiums the seniors pay the Chamber to talk about how we can if we are really going to make sure we for Medicare Part D. One of the things make a difference working together for are using all the tools to hold down the I have seen in my years of working the public. cost of medicine, the Government with older people—it goes back to my It is my intention to come back in ought to have authority to say, if the days when I was director of the Gray the weeks ahead to talk about similar private sector isn’t going to give a fair Panthers—is you jack up the premiums efforts that can actually be passed in shake to seniors and taxpayers, there on seniors and, as sure as the night fol- the Senate before the session wraps up ought to be backup authority. The lows the day, you will get fewer seniors and constitute the kind of good govern- Government should be able to say: We enrolling in the program. ment the American people expect from are going to now make it clear that We understand that if this program is the Senate. there is an opportunity to bargain and going to be successful over the long I yield the floor and suggest the ab- do what everybody else in America term, you have to get more seniors sence of a quorum. does to hold down the cost of medicine. signed up. You have to get more sen- The ACTING PRESIDENT pro tem- The price increases we have seen in iors enrolled. But what happens when pore. The clerk will call the roll. the first 3 months of this year comprise you have higher drug prices as AARP The legislative clerk proceeded to the largest quarterly price increases in and Families USA found, will be higher call the roll. 6 years. It comes at a time when the premiums next year for seniors in the Mr. SPECTER. Mr. President, I ask Medicare prescription drug program is Part D program. Then all of a sudden, unanimous consent that the order for going into effect. The prices jumped with higher prices and higher pre- the quorum call be rescinded. something like four times the general miums, what will happen is fewer sen- The ACTING PRESIDENT pro tem- inflation rate. We are seeing, right at a iors will sign up for the program. And pore. Without objection, it is so or- key time when the Medicare prescrip- without them enrolling in this pro- dered. tion drug program is getting off the gram, Part D will not be the success we f ground, prices go up four times faster all would like to it to be, especially CONCLUSION OF MORNING than the inflation rate. We are seeing those of us who voted for it. BUSINESS the biggest quarterly price increases in I wanted to take a few minutes today The ACTING PRESIDENT pro tem- 6 years. That makes the case for the to talk about two issues: the question pore. Morning business is now closed. Congress looking at a bipartisan way of needless oil company subsidies, an to beef up opportunities to contain the effort Senator KYL and I have spear- f cost of prescription drug medicine. headed that has significant bipartisan FLAG DESECRATION AMENDMENT support for saving taxpayers money, In the Snowe-Wyden legislation The ACTING PRESIDENT pro tem- getting us on track for a fresh, new en- which received 54 votes, we specifically pore. Under the previous order, the ergy policy that can truly make us free state that there can be no price con- hour of 4 p.m. having arrived, the Sen- of our dependence on foreign oil; and trols and no uniform formulary which ate will proceed to the immediate con- this question of prescription drug costs would be, in effect, a backdoor Federal sideration of S.J. Res. 12, which the where, as well. There is significant bi- price control. I know the Senator from clerk will report. North Carolina has been interested in partisan support to put bargaining The legislative clerk read as follows: the question of what will happen to re- power in Medicare. The Snowe-Wyden A joint resolution (S.J. Res. 12) proposing search, what will happen to innovation. amendment received 54 votes the last an amendment to the Constitution of the I happen to share the view of the Sen- time the Senate voted on it. There is a United States authorizing Congress to pro- ator from North Carolina that to come real role for the Senate to play at this hibit the physical desecration of the flag of up with big price control regimes and key time now that it has been reported the United States.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12530 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 The Senate proceeded to consider the volved. It is the decision by the Su- false statements of fact, but that indi- joint resolution (S.J. Res. 12) proposing preme Court, it is the decision where vidual may be taken to a court of law, an amendment to the Constitution of any one of five made a majority. It is sued, and damages collected for slan- the United States authorizing Congress that difference of opinion that is at der, verbal false statements of fact, or to prohibit the physical desecration of issue, and it is important to note that libel, written false statements of fact. the flag of the United States, which when decisions are rendered by the Su- Similarly, the first amendment does had been reported from the Committee preme Court of the United States, they not protect speech which constitutes on the Judiciary, with an amendment are the ‘‘opinion’’ of the Court. There threats of violence. And just last on page 2, lines 8–9, to strike ‘‘within 7 is no verity, there is no absolutism, un- month in a widely noted case, the Su- years after the date of its submission like what might be contended for the preme Court decided that govern- by the Congress’’, and insert in lieu Constitution itself, especially the first mental employees have limits on what thereof ‘‘within seven years after the amendment. their speech can contain. date of its submission for ratification’’. It is important to note that there The Chaplinsky decision, which I The ACTING PRESIDENT pro tem- have been many decisions by the Su- cited a few moments ago, sets a stand- pore. The Senator from Pennsylvania. preme Court of the United States ard which, as a generalization, notes Mr. SPECTER. Mr. President, the Ju- which have limited freedom of speech that there will not be protection for ut- diciary Committee, which I chair, has under the first amendment. The first terances which are no essential part of reported to the floor an amendment to case which comes to mind is the fa- any exposition of ideas and therefore the Constitution of the United States mous opinion by Justice Oliver Wen- are of slight social value. which would authorize legislation to dell Holmes saying that an individual It is my opinion—and again, I de- prohibit burning of the American flag. could not cry ‘‘fire’’ in a crowded the- nominate it as an opinion, just as the The Supreme Court of the United ater. People have a right to speak, but Supreme Court of the United States de- States, in Texas v. Johnson in 1989 and there are limitations as to how people nominates its decisions as opinions. We again in United States v. Eichman in may exercise freedom of speech, and all have our own opinions. We are all 1990, in a 5-to-4 decision ruled that the that is one limitation. entitled to our own opinions. If there first amendment to the U.S. Constitu- A Supreme Court decision in are enough opinions to the contrary of tion relating to freedom of speech Chaplinsky v. New Hampshire in 1942 the five Supreme Court Justices—that would be violated by legislation which had special significance when the Court is, the opinions of two-thirds of the decided that fighting words were not prohibited flag burning. Senate and two-thirds of the House of At the outset of the debate on this protected by the constitutional protec- Representatives and three-fourths of amendment, it is vital to note that the tion of freedom of speech. The defend- the legislatures of the States—then we pending amendment does not seek to ant in a criminal case had used con- may make a modification of what the alter the language of the first amend- demnatory curse words, a fight re- Supreme Court has said in declaring ment. The first amendment of the U.S. sulted, and he was convicted. The that flag burning is protected by free- Constitution protecting speech, reli- Court said freedom of speech did not go dom of speech. gion, press, and assembly is inviolate, that far and upheld his conviction. It is my sense that under the Su- The Court observed in that case a really sacrosanct. But that is not to preme Court decision in Chaplinsky, we standard which is significant, and that say the decisions of the Supreme Court are dealing with conduct which is not is: of the United States have that same an essential part of an exposition of status. It has been well observed that such utter- ideas and does not have social value as ances are no essential part of any exposition a step to the truth, and that whatever We have, since the adoption of the of ideas, and are of such slight social value U.S. Constitution in 1787 and the Bill of as a step to truth that any benefit that may is derived from it is clearly outweighed Rights, the 10 amendments, in 1791, be derived from them is clearly outweighed by the social interest in order and held freedom of speech as one of our by the social interest in order and morality. tranquility. It is my view that flag highest values, along with freedom of I believe that standard applies to flag burning is a form of expression which religion, freedom of the press, the right burning. is spiteful or vengeful or designed to to assemble, and the right to petition We have had other instances where antagonize, designed to hurt. It is not the Government. But decisions by the the Supreme Court of the United designed to persuade. Supreme Court of the United States States has limited freedom of speech. Again referring to the opinion of per- are, in a sense, transitory. They have For example, on inciting unlawful con- haps America’s greatest Jurist, Oliver the final word, and we respect their duct, you can say what you please, but Wendell Holmes, on the Supreme Court judgment, but our constitutional proc- you cannot incite others to unlawful in the case Abrams v. United States, ess allows for amendments in a com- conduct and then defend on the ground decided in 1919, Justice Holmes noted plicated way. It has to pass both of freedom of speech. that time has upset many fighting Houses of the Congress by two-thirds Obscenity cases are another line of faiths. Time has upset many fighting vote and then be ratified by three- decisions, complex decisions, conduct faiths, and ideas and concepts and doc- fourths of the States. So it is a high which is gauged by contemporary com- trines which men and women think are bar to change what the Supreme Court munity standards and the question of veritable truths may turn out not to be of the United States says the Constitu- whether the speech has its dominant so. That opinion which I studied in law tion means. appeal to prurient interests. It is pret- school a few years ago made the deep- The five Justices who found the first ty hard to define what that means. est impression on me of any which I amendment violated are Justice Bren- That was a definition I wrestled with have ever read. I think that is really nan, Justice Marshall, Justice Black- consistently when I was assistant at- the hallmark of freedom of speech, and mun, Justice Scalia, and Justice Ken- torney of Philadelphia to make a deter- that is in the context of seeking to per- nedy. The four Justices in dissent were mination as to where freedom of ex- suade the marketplace of ideas. When Chief Justice Rehnquist, Justice White, pression and freedom of speech crossed Holmes said that time has upset many Justice O’Connor, and Justice Stevens. the line. fighting faiths, he was extraordinarily So had the Court been slightly dif- On pornography, which is a lesser prescient in that declaration. ferently constituted, we wouldn’t be standard, you don’t have to go to the In evaluating the speech issue and in talking about a constitutional amend- level of obscenity on pornography if evaluating what I believe is an appro- ment. children are involved. There again, the priate resolution of the pending con- It is important to focus on the basic first amendment protection for free- stitutional amendment, I think of the fact that the text of the first amend- dom of speech does not cover it. veterans in our society and I think of ment, the text of the Constitution, the An individual in our society does not the veterans’ expectation of the sanc- text of the Bill of Rights, is not in- have the constitutional right to make tity of the flag. I think of the flag as a

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12531 symbol of what veterans fought for, As I say sometimes in jest, it was a Argonne Forest where my father had what they sustained wounds for, what close call, but he got to go to Kansas. fought. We went to the cemetery in they sustained loss of limbs for, and But he didn’t know that when he sailed Normandy and saw those steep cliffs what they sustained loss of life for. steerage from Europe to the United and marveled at how our troops, on In being the chairman of the Senate States, he had a round-trip ticket to June 6, 1944, could scale those cliffs to Veterans’ Affairs Committee for some 6 France—not to Paris and the dancing lead to the invasion of Europe and free years and a ranking member a number girls, but to the Argonne Forest. It the world of the despotism of Nazi Ger- of years beyond, I had more duties than took exactly 30 days for the U.S. Army many and Hitler’s annihilation of 6 most would on veterans’ issues. The to induct Harry Specter in Fairbrook, million Jews and the treachery of Mus- veterans, with some substantial jus- NE, and ship him overseas. He didn’t solini and the treachery of the war in tification, repeatedly made the point have a whole lot of training, but he was the Pacific with the Japanese. at our hearings that they were not ‘‘cannon fodder,’’ as they expressed. I made a report to the Senate—as I treated right for the sacrifices they These Doughboys were meant for the do on my foreign travel—a week ago had made; that when it came to com- enemy German cannons. They all had a today. I noted in that report that when pensation and disability, the Nation bull’s eye painted on their back. He my father, Harry Specter, was hit by which has called upon them to fight went to war, and he was wounded in ac- shrapnel in the legs, the possibility—as wars and sustain wounds and sustain tion. He was struck by shrapnel, and he I saw in viewing the World War I ceme- loss of limbs, comrades who have given carried shrapnel in his legs until the teries—noted that in World War I, their lives, the Nation was not very ap- day he died. there were 126,000 deaths; in World War preciative or grateful or didn’t recip- When my father was in need of med- II, 407,300 deaths; and, of course, Harry rocate with the kinds of benefits to ical care, when he had a serious acci- Specter was not in one of the ceme- which the veterans thought and think dent where a spindle bolt broke on a teries. But had the shrapnel hit him a they are entitled to. It is a continuing pickup truck when my sister was driv- little higher, Harry Specter might have battle, given the budget limitations. ing and rolled over and broke his arm, been in one of those cemeteries and he The Congress of the United States is he was taken to the veterans hospital wouldn’t have been my father and I very much concerned about veterans’ in Wichita, KS, where we lived. I was 7 wouldn’t have been. Of all the sobering rights and veterans’ benefits, and we at the time and would ride a bicycle thoughts, none can compare to that make an effort, but in so many cases, out many miles from the residential one. it has been my judgment, reflected in section of town to where the veterans I have voted on the constitutional my views and my votes and my chair- hospital was located. Now it is all built amendment in the past when, years manship of the Veterans’ Affairs Com- up. I had some exposure to the veterans ago, I voted in favor of the constitu- mittee, that we are not sufficiently there, and I have had exposure to vet- tional amendment to protect the flag, considerate, and not a matter of being erans as I have traveled around Penn- so these thoughts are not new to me or generous but not sufficiently just with sylvania and on a trip I made in 1991 a change of heart. But it is my view our veterans. around the country to look at vet- that given the expectation of so many When it comes to the issue of flag erans’ hospitals when I was on the Vet- Americans, especially American vet- burning, I have heard many veterans erans’ Affairs Committee to see if we erans, and given the fact that the text express deep concern about disrespect had adequate care for the veterans who of the first amendment is in no way al- for the American flag, which they might come back injured from the gulf tered by this amendment, but it is only equate as disrespect for them, dis- war. Fortunately, we did not have a decision by the Supreme Court of the United States, the opinion of five that respect for the sacrifices they and their many casualties from the Gulf War in freedom of speech precludes flag burn- buddies have made. 1991. I think of my brother’s service in the I visited the veterans at Walter Reed, ing, and the opinion of four Justices U.S. Navy, and I think of Morton Spec- as so many of us have, to try to give that freedom of speech should not pre- ter, who served in the U.S. Navy in them a morale uplift and to tell them clude flag burning, it is my opinion World War II. I think of the service of how much we appreciate their service. that the opinions of the five Justices my brother-in-law, Arthur Morgan- It is very difficult for those who go to ought not to dominate, and the opin- stern, who served in the South Pacific visit them, with their artificial limbs ions of the four Justices ought to domi- for 31 months and came home to find a and their loss of arms and their metal- nate, provided that their opinion is the 2-year-old baby daughter from whom lic legs. It is obviously disquieting to opinion of two-thirds of this body, two- he had been separated for a protracted see them and realize how difficult, how thirds of the House, and the opinion of period of time, and fortunately came tragic it is for them. Their spirits, by three-quarters of the State legisla- home in time. and large, are remarkable. But I think tures, which provides the constitu- My own service stateside during the of our veteran population when I think tional basis for a constitutional Korean war was something I was proud about this amendment. I don’t want to amendment. I ask unanimous consent that the to do. I did not face the rigors of com- dwell on it overly, but I do not think it full text of my printed statement be bat, although when you are in the serv- is an irrelevancy when we consider this printed in the RECORD. ice, you respond to what the service flag protection amendment and con- There being no objection, the state- tells you to do. sider what the expectations are. ment was ordered to be printed in the I also think of the service of my fa- During the Memorial Day recess I RECORD, as follows: ther, Harry Specter, an immigrant. It had occasion to travel to Europe to always makes me mindful of immi- visit veterans’ cemeteries with the 2006 FLAG AMENDMENT grants who have built this country. My Veterans’ Affairs Committee. Senator Mr. President, I seek recognition today to support Senate Joint Resolution 12, which mother, too, was an immigrant. She CRAIG, the chairman of the Veterans’ proposes a constitutional amendment allow- came at the age of 6 with her family Affairs Committee now, led a delega- ing Congress to prohibit the physical dese- from the Ukraine. I have had some tion with the distinguished Senator cration of the American flag. I will vote in comments about their contributions to from North Carolina, Mr. BURR, who is support of this resolution. I do not take this this country in another context as we presiding at the moment, and Senator step lightly. Just three weeks ago, I voted have talked about immigration reform, JOHNNY ISAKSON from Georgia. I was against a proposed constitutional amend- which is now pending before the con- along, and it was an enormously mov- ment to define marriage as the union of one ference committee of the House and ing experience to see the rows of white man and one woman. I did so not because I do not support traditional marriage, but be- Senate. My father came to this country crosses and the rows of Stars of David. cause I believe that we have not reached the at the age of 18, in 1911. The czar want- We went to the cemeteries in the Neth- point in time where the extraordinary meas- ed to send him to Russia, and he want- erlands. We went to the cemeteries in ure of a constitutional amendment has be- ed to go to Kansas. northern France not too far from the come necessary. The states have shown that

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12532 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 they are willing and able to preserve tradi- with peculiar obligations and restrictions’’ beautiful Capitol building, even if the vandal tional marriage, and the Supreme Court has and ‘‘these special conditions are not per se were expressing his outrage with government not stepped in to take that power away from arbitrary or beyond governmental power policies. Indeed, Justice White stated in 1974 them. under our Constitution.’’ that ‘‘[t]here would seem to be little ques- With regard to the protection of our most In light of these repeated statements of tion about the power of Congress to forbid cherished national symbol, though, we have support for the flag from the Supreme Court, the mutilation of the Lincoln Memorial. . . . unfortunately reached the point where we it was a surprise when a bare, five-justice The flag is itself a monument, subject to cannot protect our flag by any means short majority of the Court in Texas v. Johnson similar protection.’’ Just as we do not allow of a constitutional amendment. In 1989, the struck down Texas’s flag protection act and criminals to deface the symbols of our Na- Supreme Court’s 5–4 decision in Texas v. invalidated the laws of 48 states and the fed- tion that stand throughout this city, we Johnson stripped from the people the abil- eral government. should not allow vandalization and desecra- ity—through their elected representatives— Congress reacted swiftly to protect the flag tion of our most precious and most recogniz- to make laws to protect our flag. Prior to by passing the Flag Protection Act of 1999, able national symbol. the Texas v. Johnson decision, 48 states had which made it a crime to knowingly muti- We do not limit the expressive rights of laws on the books prohibiting flag desecra- late, deface, physically defile, burn, keep on those who wish to voice dissatisfaction with our government by declaring flag desecra- tion. There was also a 1968 federal law in the ground or floor, or trample upon the tion off-limits any more than we do by pro- place to prohibit desecration of the flag. The United States flag. We tried to work within hibiting desecration of our national build- 1968 law made it a crime to ‘‘knowingly cast the confines of Texas v. Johnson to ensure ings and monuments. The avenues for ex- contempt upon any flag of the United States that the Flag Protection Act would not tar- pressing dissent are still wide open—‘‘a full by publicly mutilating, defacing, defiling, get expressive conduct based on the content panoply of other symbols and every conceiv- burning, or trampling upon it.’’ (Pub. L. 90– of its message. But the very next year, in able form of verbal expression.’’ 381.) United States v. Eichman, five justices of All this amendment seeks to do is restore These state and federal laws existed be- the Supreme Court the same five justices to Congress the power it held for those 198 cause it appeared to be beyond question that who struck down the Texas statute in Texas years before five justices took it away in we could act to protect the American flag. In v. Johnson, held that Congress could not pro- Texas v. Johnson: the power to protect our addition to the law prohibiting flag desecra- tect the flag through even a neutral desecra- flag. That’s all. The amendment itself does tion, Congress had prescribed detailed rules tion statute. not even prohibit flag burning or other forms for the flag’s design, the times and occasions This amendment is an extremely narrow of flag desecration. The text of the amend- for its display, and particular protocols for solution to correct those two opinions in the ment is very simple: ‘‘The Congress shall conduct during the raising, lowering, and only way the American people can. For 198 have power to prohibit the physical desecra- passing of the flag. In 1907 in Halter v. Ne- years, from the ratification of the Bill of tion of the flag of the United States.’’ In braska, the Supreme Court upheld the con- Rights in 1791 until the Texas v. Johnson de- other words, the amendment says, let’s give stitutionality of a Nebraska statute that cision in 1989, the states and the Congress the people of the United States, through prohibited the use of the flag for advertising were free to protect the flag from desecra- their elected representatives, the right to purposes. tion and defilement. Can it be reasonably ar- offer protection to our most cherished na- In later years, the Court continued to rec- gued that, for those 198 years, Americans tional symbol. ognize the right of the people to protect our lacked the freedom of speech guaranteed by There are those who claim that because flag. In Spence v. Washington, the Court the First Amendment? our liberties are enshrined in the Constitu- struck down a student’s conviction for tap- I question whether defilement of the flag tion, the flag is not properly viewed as the ing a peace symbol to a flag. But in striking should even be considered ‘‘speech’’ pro- symbol of our liberty. They claim that those down the conviction, the Court was careful tected by the First Amendment. To quote of us who support restoring to the people the to note that the defendant ‘‘did not perma- Chief Justice Rehnquist, dissenting in Texas ability to protect the flag are not true de- nently disfigure the flag or destroy it.’’ In v. Johnson: fenders of the Constitution. Those critics are the same year, in Smith v. Goguen, the ‘‘[F]lag burning is the equivalent of an in- wrong. One of the most important aspects of Court held that a Massachusetts flag misuse articulate grunt or roar that, it seems fair to our constitutional system is its recognition statute was impermissibly vague, but ex- say, is more likely to be indulged in not to that we may, from time to time, need to plained that ‘‘nothing prevents a legislature express any particular idea, but to antago- amend our founding document to reflect the from defining with substantial certainty nize others. . . . The Texas statute deprived will of the people. Article 5 gives the people what constitutes forbidden treatment of Johnson of only one rather inarticulate form this most important right. It takes a super- United States flags.’’ In his concurrence, of protest—a form of protest that was pro- majority of Americans to do so—two-thirds Justice White went even further, stating foundly offensive to many—and left him with of the people’s elected representatives here that ‘‘[t]he flag is a national property, and a full panoply of other symbols and every in Congress and three-fourths of the states— the Nation may regulate those who would conceivable form of verbal expression to ex- so we can rest assured that our Constitution make, imitate, sell, possess, or use it. I press his deep disapproval of national pol- is only amended when it is absolutely nec- would not question those statutes which pro- icy.’’ essary. But when the opinion of five scribe mutilation, defacement, or burning of Flag burning is the equivalent of ‘‘fighting unelected judges overrides the voice of the the flag or which otherwise protect its phys- words,’’ those words ‘‘which by their very ut- people expressed through 48 state laws and a ical integrity . . . .’’ terance inflict injury or tend to incite an im- national flag protection law, how can we say In Street v. New York in 1969, the Court mediate breach of the peace.’’ Chaplinsky v. an amendment is not necessary? struck down a protester’s conviction for flag New Hampshire. Fighting words are just one Chief Justice Rehnquist stated in Texas v. burning, but only because it was unclear category of expression that the First Amend- Johnson that: ‘‘The cry of ‘no taxation with- whether he was arrested for his conduct in ment has never protected, for the First out representation’ animated those who re- defacing the flag or for the statements he Amendment has never been a blanket cover volted against the English Crown to found made as he did so. Dissenting from the 5–4 for every conceivable form of expression. We our Nation—the idea that those who sub- majority opinion, Chief Justice Earl Warren have long recognized numerous exceptions to mitted to government should have some say explained that ‘‘the States and the Federal the First Amendment’s freedom of expres- as to what kind of laws would be passed. Government do have the power to protect sion, including: incitement to unlawful con- Surely one of the high purposes of a demo- the flag from acts of desecration and dis- duct; libel and slander; obscenity; child por- cratic society is to legislate against conduct grace.’’ Justice Hugo Black, the ardent expo- nography; and threats of physical harm. that is regarded as evil and profoundly offen- nent of First Amendment absolutism, stated In other instances, we have balanced an in- sive to the majority of people whether it be murder, embezzlement, pollution, or flag- in his dissent that, ‘‘[i]t passes my belief terest in legitimate speech against over- burning.’’ that anything in the Federal Constitution arching societal interests. For example, Con- Our Constitution lives by giving the Amer- bars a State from making the deliberate gress has passed copyright laws that limit a ican people a means to raise their voices burning of the American flag an offense.’’ speaker’s ability to use the words of another over the words of five justices here in Wash- And Justice Abe Fortas articulated ‘‘the person. The Supreme Court has also held ington. The American people have called on reasons why the States and the Federal Gov- that government employees do not have an the members of this body to protect our ernment have the power to protect the flag absolute right to free speech for statements most cherished national symbol, and I agree from acts of desecration committed in pub- made in the workplace. with that sentiment. lic.’’ He explained that the flag is ‘‘tradition- Just because conduct may have some ex- ally and universally subject to special rules pressive element, it does not mean that it is Mr. LEAHY. Mr. President, it is my and regulation,’’ and that ownership of a flag entitled to First Amendment protection. understanding we are now on the con- is ‘‘subject to special burdens and respon- None of us would question the government’s stitutional amendment. sibilities.’’ Although ‘‘[a] flag may be prop- power to prohibit vandalism of the Wash- The ACTING PRESIDENT pro tem- erty, in a sense,’’ ‘‘it is a property burdened ington Monument, the Vietnam Wall, or this pore. The Senator is correct.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12533 Mr. LEAHY. I thank the Chair. that we deem it ‘‘necessary’’ in 2006, tainly the attention of this country Mr. President, in 1791, the year that strikes me as extraordinary. The Sen- was focused on a real war effort, the ef- the Bill of Rights became part of our ate oath of office, which the people of fort of World War II. But he knew what Constitution, the State of Vermont Vermont have authorized me to take unifies our country is the voluntary joined the Union, and then the State of six times, requires that we ‘‘support sharing of ideals and commitments. Kentucky followed. Then Congress saw and defend the Constitution.’’ And I be- Americans are free, free to offend but fit to change the design of the Amer- lieve that doing so means opposing this also free to respond to crude insults ican flag to include 15 stars and 15 effort to cut back on Vermonters’ con- with responsible action—the way many stripes, one for each State. In fact, it stitutional rights and freedoms. of us remember and applaud—when was this flag, the one recognizing the Regrettably, the Senate leadership is that crowd at Dodger Stadium re- addition of Vermont and Kentucky to returning again and again to using con- sponded by spontaneously singing ‘‘God the United States, that flew over Fort stitutional amendments as election Bless America’’ when a couple of mis- McHenry in 1814 and that inspired year rallying cries to excite the pas- creants attempted to burn the Amer- Francis Scott Key to write the ‘‘Star- sion of voters. That is wrong. The Con- ican flag in the outfield 30 years ago, Spangled Banner.’’ stitution is too important to be used shortly after the end of the Vietnam Fifty years after that famous battle for partisan political purposes—and so, war. that inspired our National Anthem in in my view, is our American flag. When I am home in Vermont, our Baltimore’s harbor, President Abraham With the rights of Americans being family home, I fly the flag—not be- Lincoln visited that city as our coun- threatened in so many ways today by cause the law tells me to but because, try confronted its greatest test. It was this administration, this is most espe- as an American, I want to. I fly the a time in which this Nation faced grave cially not the time for the Senate to flag out of pride. I remember my par- peril from a civil war whose outcome vote to limit Americans’ fundamental ents, still alive, when they used to look with pride to see that flag flying and could not yet be determined. Many rights or to strike at the heart of the they knew their son was home from flags flew over various parts of the First Amendment. Washington. It is the same sense of United States, and our existence as a The chairman has referred to Justice pride I felt when I saw my son march in nation was in doubt. President Lincoln Oliver Wendell Holmes. It was Justice Holmes who wrote that the most im- uniform under that flag, our flag, our used the occasion to reflect on a basic perative principle of our Constitution American flag. It is the same sense of feature of American democracy. Presi- was it protects not just freedom for the pride I feel when I see that flag flying dent Lincoln observed: thought and expression we agree with, over this Capitol Building when I come The world has never had a good definition but ‘‘freedom for the thought that we to work each day, and I stop and look of the word liberty. The American people hate.’’ He also wrote that ‘‘we should at it sometimes when the Senate leaves just now are much in need of one. We all de- at 2 or 3 o’clock in the morning. I look clare for liberty, but using the same word we be eternally vigilant against attempts do not mean the same thing. to check the expression of opinions at the dome and I see that flag illumi- nated and flying there. I would hope that all of us in this that we loathe.’’ We all know that the First Amend- One of my colleagues, former Senator Chamber champion liberty. If any of us ment never requires people to defend it Bob Kerrey, a man of great bravery, were asked, we would say: Of course we when it is upholding popular speech. It who received the Congressional Medal do. But when I hear some talk about needs defense when the speech is un- of Honor for his bravery in battle, said the desire to restrict our fundamental popular. in a recent opinion piece in the Wash- freedoms by cutting back on our first What is so distinctive about America ington Post, ‘‘Real patriotism cannot amendment rights for the first time in is that our Government does not en- be coerced.’’ It has to be a voluntary, our history, you see why people won- dorse religious or political orthodoxy. unselfish, brave act to sacrifice for oth- der. The danger of this amendment is The price of our freedom of expression ers. that it would strike at the values the is our willingness to protect the ex- I ask unanimous consent that a copy flag represents and the rights that pression of those with whom we dis- of his op-ed be printed in the RECORD. have made this Nation a vibrant demo- agree. America does not impose a There being no objection, the mate- cratic republic in which we have en- state-designed dogma on its free people rial was ordered to be printed in the joyed freedom of religion, freedom of the way totalitarian regimes do. We RECORD, as follows: the press, freedom of expression, and value our freedom and we protect the [From the washingtonpost.com, June 15, freedom to think as individuals. freedom of others. 2006] Along with Vermonters, I find the Justice Robert Jackson made this OUR FLAG AND OUR FREEDOM American flag inspirational in all its point with unsurpassed eloquence in a (By Bob Kerrey) incarnations, whether it is the current Supreme Court decision made during With campaigns at full tilt and the Fourth flag with 50 stars that was carried in World War II. He did this in West Vir- of July just around the comer, the Senate’s formation at Parris Island when my ginia State Board of Education v. new priority is to debate and vote on yet an- youngest son Mark became a proud Barnette. His decision for the Supreme other resolution to amend our remarkable member of the U.S. Marine Corps; Constitution. This time it’s an amendment Court upheld our fundamental tradi- that would allow Congress to prohibit a form whether it is the American flag with 48 tion of tolerance, holding that State of protest that a large majority of Ameri- stars under which Vermonters joined in school boards may not compel teachers cans do not like: the burning or desecration fighting World War II, including mem- and students to salute the flag. of the American flag. Since 1989, when the bers of my family; the flag commemo- Remember, Justice Jackson was Supreme Court decided unanimously and rating Vermont’s becoming a State; writing during World War II—during correctly that these rare, unpleasant dem- the Bennington flag that commemo- wartime. He wrote: onstrations are expressions of speech and therefore protected by the First Amendment, rated our Declaration of Independence; [F]reedom to differ is not limited to things there have been many such attempts. Fortu- that do not matter much. That would be a or the revolutionary flag with 13 stars nately, all have failed. in a circle said to be designed by mere shadow of freedom. The test of its sub- Unfortunately, enthusiasm for this amend- George Washington and sewn by Betsy stance is the right to differ as to things that ment appears to have grown even as flag- Ross. touch the heart of the existing order. If there burning incidents have vanished as a means is any fixed star in our constitutional con- Ultimately, the debate over this of political protest. The last time I saw an stellation, it is that no official, high or image of the U.S. flag being desecrated in amendment turns on the scope we petty, can prescribe what shall be orthodox think proper to give to speech which this way was nearly 20 years ago, when the in politics, nationalism, religion or other court issued its decision. Thus this amend- deeply offends us. For two-thirds of the matters of opinion or force citizens to con- ment—never appropriate in the oldest de- Senate to vote to amend the Bill of fess by word or act their faith therein. mocracy on earth—has become even less nec- Rights to amend the U.S. Constitution That was a powerful statement by essary. But necessity is not always the because, as the Constitution requires, Justice Jackson, at a time when cer- mother of legislation.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12534 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 In defense of speech I do not like, I recall rudeness even when admittedly it is amend the Constitution to prosecute some- a ceremony I have come to love: a military hard to do so. That is what allows us, one for foolishly desecrating their own prop- funeral. The finest of all is conducted at Ar- in turn, the individual freedoms that erty. We should condemn them and pity lington National Cemetery. At graveside, an we cherish for ourselves. them instead. honor guard holds the American flag while I understand how strongly so many of my taps are played as a final farewell. The Despicable, outrageous gestures like fellow veterans and citizens feel about the guards then fold the flag into a triangle and flag burning are hard to tolerate, but flag and I understand the powerful sentiment deliver it to the next of kin. we do so because political expression is in state legislatures for such an amendment. It is as if the flag becomes the fallen. In so central as to what makes America I feel the same sense of outrage. But I step the hands of a widow or mother it is much great and what protects the rights of back from amending the Constitution to re- more than a symbol of the nation. At that each of us to speak, or to worship as we lieve that outrage. The First Amendment ex- moment the American flag is a sacred object choose, and to petition our Govern- ists to insure that freedom of speech and ex- that holds the sweet memory of a life given ment for redress. The flag is a symbol pression applies not just to that with which to a higher cause. Or so it seems to me each we agree or disagree, but also that which we time I am witness to these hallowed events. of the greatness that the American find outrageous. To others the ceremony may mean some- ideals of freedom and liberty have I would not amend that great shield of de- thing entirely different. I recall vividly one helped foster in this blessed land. The mocracy to hammer a few miscreants. The such situation: A mother of a friend who was Constitution ultimately goes beyond flag will be flying proudly long after they killed in Vietnam recoiled when the flag was symbols. The Constitution is the real have slunk away. offered to her. She would not take it. In her bedrock of our rights. Finally, I shudder to think of the legal mo- heart the American flag had become a sym- In a letter to me expressing his oppo- rass we will create trying to implement the bol of dishonor, treachery and betrayal. At sition to the constitutional amend- body of law that will emerge from such an the time, and perhaps to her dying day, she amendment. wanted nothing to do with it. ment, my friend General Colin Powell If I were a member of Congress, I would not If our First Amendment is altered to per- said it very well. Let me quote Colin vote for the proposed amendment and would mit laws to be passed prohibiting flag dese- Powell in this regard. He said: fully understand and respect the views of cration, would we like to see our police pow- We are rightfully outraged when anyone those who would. For or against, we all love ers used to arrest an angry mother who attacks or desecrates our flag. Few Ameri- our flag with equal devotion. burns a flag? Or a brother in arms whose dis- cans do such things and when they do they Sincerely, illusionment leads him to defile this symbol are subject to the rightful condemnation of COLIN L. POWELL. of the nation? I hope the answer is no. I hope their fellow citizens. They may be destroying P.S. The attached 1989 article by a Viet- we are strong enough to tolerate such rare a piece of cloth, but they do no damage to nam POW gave me further inspiration for my and wrenching moments. I hope our desire our system of freedom which tolerates such position. for calm and quiet does not make it a crime desecration. . . . [From the Retired Officer, Sept. 1989] for any to demonstrate in such a fashion. In I understand how strongly so many of my THOUGHTS OF A FORMER POW: WHEN THEY truth, if I know anything about the spirit of fellow veterans and citizens feel about the BURNED THE FLAG BACK HOME our compatriots, some Americans might flag. . . . I feel the same sense of outrage. even choose to burn their flag in protest of But I step back from amending the Constitu- (By James H. Warner) such a law. tion to relieve that outrage. The First In March of 1973, when we were released No doubt the sponsors and advocates of Amendment exists to insure that freedom of from a prisoner of war camp in North Viet- this amendment mean well. They believe it speech and expression applies not just to nam, we were flown to Clark AB in the Phil- is a reasonable and small sacrifice of our that with which we agree or disagree, but ippines. As I stepped out of the aircraft I freedoms. They believe no serious con- also that which we find outrageous. looked up and saw the flag. I caught my sequence will come of this change. I would not amend that great shield of de- breath, then, as tears filled my eyes, I sa- No doubt, too, some of the increasing in- mocracy to hammer a few miscreants. The luted it. I never loved my country more than terest in limiting free speech is a response to flag will still be flying proudly, long after at that moment. Although I have received the Sept. 11 attacks on the United States. It they have slunk away. the Silver Star Medal and two Purple Hearts, was a remarkable moment, when the hearts What powerful, powerful words from they were nothing compared with the grati- of most of us filled with a kind of pure patri- General Powell. I ask unanimous con- tude I felt then for having been allowed to otism we had never felt before. It was a pa- serve the cause of freedom. triotism that bound liberty to equality and sent a copy of his letter be printed in Because the mere sight of the flag meant fraternity. It was a patriotism that brought the RECORD. so much to me when I saw it for the first us together, friend and stranger alike. We There being no objection, the mate- time after five and a half years, it hurts me discovered heroes who inspired us. No longer rial was ordered to be printed in the to see other Americans willfully desecrate it. did we say, ‘‘It’s good to see you,’’ and not Record, as follows: But I have been in a Communist prison mean it. ALEXANDRIA, VA, where I looked into the pit of hell. I cannot Most impressive to me was that the ‘‘we’’ May 18, 1999. compromise on freedom. It hurts to see the included men and women of many nations, Hon. PATRICK LEAHY, flag burned, but I part company with those every religion and every ethnic group. The U.S. Senate, who want to punish the flag burners. Let me ‘‘we’’ was global. The patriotism we felt ex- Washington, DC. explain myself. tended beyond our boundaries and beyond DEAR SENATOR LEAHY: Thank you for your Early in the imprisonment the Com- the cramped spaces of ritual nationalistic recent letter asking my views on the pro- munists told us that we did not have to stay fervor. We understood that the vulnerability posed flag protection amendment. there. If we would only admit we were of our freedom bound us together more than I love our flag, our Constitution and our wrong, if we would only apologize, we could any symbol or slogan can. Millions of Ameri- country with a love that has no bounds. I de- be released early. If we did not, we would be cans, then and now, proudly flew their flags fended all three for 35 years as a soldier and punished. A handful accepted, most did not. because they wanted to, not because any law was willing to give my life in their defense. In our minds, early release under those con- told them to. Americans revere their flag as a symbol of ditions would amount to a betrayal of our All the more reason, then, for patriotism the Nation. Indeed, it is because of that rev- comrades, of our country and of our flag. to turn aside the understandable impulse to erence that the amendment is under consid- Because we would not say the words they protect our flag by degrading the constitu- eration. Few countries in the world would wanted us to say, they made our lives tional freedoms for which it stands. Real pa- think of amending their Constitution for the wretched. Most of use were tortured, and triotism cannot be coerced. Our freedom to purpose of protecting such a symbol. some of my comrades died. I was tortured for speak was attacked—not our flag. The We are rightfully outraged when anyone most of the summer of 1969. I developed beri- former, not the latter, needs the protection attacks or desecrates our flag. Few Ameri- beri from malnutrition. I had long bouts of of our Constitution and our laws. cans do such things and when they do they dysentery. I was infested with intestinal Mr. LEAHY. The French philosopher are subject to the rightful condemnation of parasites. I spent 13 months in solitary con- Voltaire once remarked that liberty is their fellow citizens. They may be destroying finement. Was our cause worth all of this? a guest who plants both of his elbows a piece of cloth, but they do no damage to Yes, it was worth all this and more. our system of freedom which tolerates such Rose Wilder Lane, in her magnificent book on the table. I think what Voltaire desecration. The Discovery of Freedom, said there are meant by that is that liberty is some- If they are destroying a flag that belongs two fundamental truths that men must know times even an unmannerly, vulgar to someone else, that’s a prosecutable crime. in order to be free. They must know that all guest, yet liberty requires we tolerate If it is a flag they own, I really don’t want to men are brothers, and they must know that

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all men are born free. Once men accept these VETERANS DEFENDING tect the freedoms in this country, not watch two ideas, they will never accept bondage. THE BILL OF RIGHTS, them be taken away by politicians who have The power of these ideas explains why it was Newburgh, IN, May 4, 2006. never been to the front lines. I consider my- illegal to teach slaves to read. Re Oppose S.J. Res. 12, the Flag Desecration self an independent-minded conservative, One can teach these ideas, even in a Com- Constitutional Amendment. and believe that creating unnecessary munist prison camp. Marxists believe that DEAR SENATOR: My name is Gary May. I amendments to the U.S. Constitution is a be- ideas are merely the product of material am writing to you today as the chair of a trayal of conservative principles.’’—Spe- conditions; change those material condi- group called Veterans Defending the Bill of cialist Eric G Eliason, Englewood, CO, a tions, and one will change the ideas they Rights to urge you to oppose S.J. Res. 12, the combat veteran who served as an Infantry- produce. They tried to ‘‘re-educate’’ us. If we flag desecration constitutional amendment. man in the Army for three years, including could show them that we would not abandon I know you hear from some who say veterans one year overseas as part of Operation Iraqi our beliefs in fundamental principles, then support this amendment, but you should also Freedom. ‘‘It is a bad thing to burn the flag, but it we could prove the falseness of their doc- know that there are many veterans that is a worse thing to damage the Constitu- trine. We could subvert them by teaching have faithfully served our nation who tion.’’—James Pryde, Tuskegee Airman, them about freedom through our example. strongly believe that amending the Constitu- combat veteran of the 477 Bomber Group in We could show them the power of ideas. tion to ban flag desecration is the antithesis WWII. I did not appreciate this power before I was of freedoms they fought to preserve. ‘‘After devoting most of my career to a prisoner of war. I remember one interroga- I lost both my legs in combat while serving working in military intelligence, I was ap- tion where I was shown a photograph of some in the U.S. Marine Corps in Vietnam. I chal- pointed Army Deputy Chief of Staff for Intel- Americans protesting the war by burning a lenge anyone to find someone who loves this ligence in 1997. I served in that position until flag. ‘‘There,’’ the officer said. ‘‘People in country, its people and what it stands for my retirement in 2000. I am well acquainted your country protest against your cause. more than I do. It offends me when I see the with the many threats facing the United That proves that you are wrong.’’ flag burned or treated disrespectfully. But, States, and I must say that flag burning does ‘‘No,’’ I said. ‘‘That proves that I am right. as offensive and painful as this is, I still be- not begin to rise to a level of threat justi- In my country we are not afraid of freedom, lieve that dissenting voices need to be heard, fying the attention of this distinguished even if it means that people disagree with even if their methods cause offense. body... I served in the United States Army, us.’’ The officer was on his feet in an instant, This country is unique and special because like my father before me, to defend funda- his face purple with rage. He smashed his fist the minority, the unpopular, the dissident mental American liberties. To begin the onto the table and screamed at me to shut also have a voice. The freedom of expression, trend of amending the First Amendment up. While he was ranting I was astonished to even when it hurts the most, is the truest each time a particular form of speech is see pain, compounded by fear, in his eyes. I test of our dedication to the principles that found to be offensive sets a dangerous prece- have never forgotten that look, nor have I our flag represents. dent, and undermines the very freedoms for forgotten the satisfaction I felt at using his In addition to my military combat experi- which I and my fellow servicemembers tool, the picture of the burning flag, against ence, I have been involved in veterans’ af- served.’’—Lt. General Claudia J. Kennedy him. fairs as a clinical social worker, program (USA, Ret.). Highest ranking woman to ever Aneurin Bevan, former official of the Brit- manager, board member of numerous vet- serve in the U.S. Army. ish Labor Party, was once asked by Nikita erans organizations, and advocated on their ‘‘Like many of those who have served in Khrushchev how the British definition of de- behalf since 1974. Through all of my work in the armed forces, I am deeply concerned mocracy differed from the Soviet view. veterans’ affairs, I have yet to hear a veteran about this proposed attempt to undermine Bevan responded, forcefully, that if Khru- say that his or her service and sacrifice was free speech. While I do take offense at dis- shchev really wanted to know the difference, in pursuit of protecting the flag. respect to the flag, I nonetheless believe it he should read the funeral oration of Peri- When confronted with the horrific demands my duty to defend the constitutional right of cles. of combat, the simple fact is that most of us protestors to use the flag in nonviolent fought to stay alive. The pride and honor we In that speech, recorded in the Second speech.’’—Richard Olek, Fargo, ND, Army feel is not in the flag per se. It’s in the prin- Book of Thucydides’ History of the veteran and past Commander of AMVETS ciples for which it stands for and the people Peloponnesian War,’’ Pericles contrasted Jon A. Greenley Memorial Post 7 in Fargo. who have defended them. ‘‘Today the U.S. Senate is again debating democratic Athens with totalitarian Sparta. I am grateful for the many heroes of our an amendment to the Constitution to ban Unlike the Spartans, he said, the Athenians country. All the sacrifices of those who desecration of the flag. It’s an issue on which did not fear freedom. Rather, they viewed served before us would be for naught, if the I believe I can claim some authority. I laid freedom as the very source of their strength. Constitution were amended to cut back on my life on the line and fought under the flag As it was for Athens, so it is for America— our First Amendment rights for the first of the United States during World War II. I our freedom is not to be feared, for our free- time in the history of our great nation. I watched some of my closest friends fall dur- dom is our strength. write to you today to attest to the fact that ing eight grueling campaigns, I was awarded We don’t need to amend the Constitution many veterans do not wish to exchange a Silver Star and Purple Heart. I’m a dis- in order to punish those who burn our flag. fought-for freedoms for protecting a tangible abled veteran and long standing Republican They burn the flag because they hate Amer- object that represents these freedoms. since 1940, and nothing angers me more than ica and they are afraid of freedom. What bet- To illustrate my point, here is what some the desecration of the U.S. flag. It is an ter way to hurt them than with the subver- of the Veterans Defending the Bill of Rights abomination to me and to other veterans. sive idea of freedom? Spread freedom. The have said about this amendment: That said, though, I believe the push to flag in Dallas was burned to protest the nom- ‘‘During the fighting in Iraq, I saw friends amend the Constitution to criminalize flag ination of Ronald Reagan, and he told us how of mine die in battle. Each of us suffered and burning is misguided. Our forefathers would to spread the idea of freedom when he said sacrificed to provide freedom to the Iraqi spin in their graves to think: that our gov- that we should turn America into a ‘‘city people. With this in mind, I am profoundly ernment would turn the established principle shining on a hill, a light to all nations.’’ disturbed by the apparent willingness of Con- of free speech on its end and consider perse- Don’t be afraid of freedom—it is the best gress to sacrifice our own freedoms here at cuting people who disagree with its ac- weapon we have. home by amending the First Amendment for tions.’’—James Bird, Lumberton, NJ, is a Mr. LEAHY. Another American who the first time ever. When the coalition forces decorated veteran of World War II, where he honorably served our country, Gary entered Iraq, it was to topple a brutal and re- survived eight campaigns in combat and was May, Chairman of Veterans Defending pressive dictatorship, one that did not hesi- a liberator of the Dachau concentration the Bill of Rights, wrote in a letter: tate to jail and torture its own citizens who camp. protested against it. By amending the Con- ‘‘. . . to undertake to carve out an area of This country is unique and special because stitution to ban a form of expression, Con- free speech and say that this or that is unpa- the minority, the unpopular, the dissident gress dishonors the legacy of servicemem- triotic because it is offensive is a movement also have a voice. The freedom of expression, bers who fought and died in defense of free- that will unravel our liberties and do grave even when it hurts the most, is the truest dom.’’—Jeremy Broussard, Bowie, MD, a damage to our nation’s freedom. The ability test of our dedication to the principles that combat veteran of Operation Iraqi Freedom to say by speech or dramatic acts what we our flag represents. and a former Captain in the U.S. Army feel or think is to be cherished not demeaned I ask unanimous consent a copy of whose artillery unit was among the first to as unpatriotic ... I hope you will hear my enter Iraq. plea. Please do not tinker with the First his letter be printed in the RECORD. ‘‘The proposed constitutional amendment Amendment.’’—Reverend Edgar Lockwood, There being no objection, the mate- is in my eyes, and the eyes of countless other Falmouth, Massachusetts, served as a naval rial was ordered to be printed in the veterans, a slap in the face to our service in officer engaged in more than ten combat RECORD, as follows: combat. We volunteered to go to war to pro- campaigns in WWII.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12536 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 ‘‘My military service was not about pro- tators—countries like China and Cuba, that we have begun to think that we hold it tecting the flag; it was about protecting the the former Soviet Union. They require by divine right from heaven itself. But it is freedoms behind it. The flag amendment cur- a law to protect their flags and their harder to preserve than it is to obtain lib- tails free speech and expression in a way symbols. I have taken great pleasure in erty. After years of prosperity the tenure by that should frighten us all.’’—Brady which it is held is too often forgotten; and I Bustany, West Hollywood, California, served those countries to point out that fear, Senators, that such is the case with us. in the Air Force during the Gulf War. America does not need the kind of laws ‘‘The first amendment to our constitution they do. America protects our symbols. This is what Senator Calhoun said 150 is the simplest and clearest official guar- The American people honor our na- years ago. antee of freedom ever made by a sovereign tional flag out of respect, not out of I am immensely proud to be given people to itself. The so-called ‘flag protec- fear that they may break a law. I point tion amendment’ would be a bureaucratic the privilege to be one of the two Sen- hamstringing of a noble act. Let us reject in out to them what real freedom is, and ators who have the opportunity to rep- the name of liberty for which so many have it includes the freedom to dissent and resent the State of Vermont. Vermont sacrificed, the call to ban flag desecration. to differ, even in ways that I would find has a proud tradition defending liberty Let us, rather, allow the first amendment, obnoxious and offensive. and encouraging open debate. We are untrammeled and unfettered by this pro- As the son of a printer, I was brought the State of the town meeting. If you posed constitutional red tape, to continue be up to know how important the First want to experience open debate, I urge the same guarantor of our liberty for the Amendment is to maintaining our de- you to attend a Vermont town meet- next two centuries (at least) that is has been mocracy. It allows us to practice any for the last two.’’—State Delegate John ing. Everybody gets heard. Everybody religion we want, or no religion if we Doyle, Hampshire County, West Virginia gets heard about every disagreement, want. It allows us to think as we served as an infantry officer in Vietnam. every differing view. A Vermont town ‘‘As a twenty two year veteran, combat ex- choose and to express ourselves freely, meeting is as democratic as you can perience, shot up, shot down, hospitalized even though others may disagree. more than a year, Purple Heart recipient, We do not have a state-imposed or- get. There is debate. There is expres- with all the proper medals and badges I take thodoxy in this great and good coun- sion. There is disagreement and agree- very strong exception to anyone who says try. Instead, we have freedom and di- ment. There is freedom and democracy that burning the flag isn’t a way of express- being lived. ing yourself. In my mind this is clearly cov- versity—diversity in religion, diversity ered in Amendment I to the Constitution— in thought, diversity in speech, diver- In fact, Vermont for many years en- and should not be ‘abridged’.’’—Mr. Bob sity that is guaranteed and protected gaged in such a great and open debate Cordes, Mason, Texas was an Air Force fight- by our Constitution, our Bill of Rights, on this very issue of how best to ap- er pilot shot down in Vietnam. He served for and particularly the First Amendment. proach protection of our flag. For years 22 years from 1956 to 1978. When you guarantee and protect diver- the Vermont General Assembly re- ‘‘Service to our country, not flag waving, is the best way to demonstrate patriot- sity, then you guarantee and protect mained the only State legislature not ism.’’—Mr. Jim Lubbock, St. Louis, Mis- democracy. When you guarantee and to have passed a resolution in favor of souri, served with the Army in the protect diversity, by definition you are a constitutional amendment. In Janu- Phillipines during WWII. His two sons fought going to have a democracy. No real de- ary 2002 the Vermont Legislature in Vietnam, and members of his family have mocracy exists without diversity. But passed a resolution, but it was written, volunteered for every United States conflict when you exclude and stamp out diver- interestingly, in a manner that shows from the American Revolution through Viet- sity and freedom of thought and ex- Vermont’s respect for the Constitution. nam with the exception of Korea. His direct ancestor, Stephen Hopkins, signed the Dec- pression, you act to stamp out democ- It concludes that the Congress should laration of Independence. racy. take steps to ‘‘ensure that proper re- ‘‘The burning of our flag thoroughly dis- We have seen this in history. In the spect and treatment . . . always be af- gusts me. But a law banning the burning of former Soviet Union or other totali- forded to the flag,’’ but in ways con- the flag plays right into the hands of the tarian governments of history, when sistent with the principles that the flag weirdoes who are doing the burning. . . . By they wanted to destroy democracy represents, foremost among these banning the burning of the flag, we are em- they started, sometimes in little ways powering them by giving significance to being, ‘‘the protection of individual their stupid act. Let them burn the flag and at first, but ultimately to stamp out freedoms enumerated in the First let us ignore them. Then their act carries no diversity in dissent. Amendment to the United States Con- significance.’’—Mr. William Ragsdale, American democracy has succeeded stitution, including free speech.’’ because we have fought to live with Titusville, Florida, an engineer who worked Our Legislature stopped short of tak- in the space industry for over 30 years, re- that unruly guest with his elbows on ing the easy way out and simply tired from the US Naval Reserve in 1984 with our table of which Voltaire spoke, and parroting a politically popular demand the rank of Commander, having served in the to tolerate speech and expressive con- to amend the Constitution. Rather, Navy for over forty years including active duct that probably virtually all of us duty in both WWII and the Korean War. He Vermont remained true to its proud here would find disrespectful and has two sons who served in Vietnam. tradition of encouraging open debate crude. ‘‘I fought for freedom of expression not for and called on Congress to ‘‘explore all a symbol. I fought for freedom of Speech. I We protect dissent, not because we avenues available’’ to protect the flag did not fight for the flag, or motherhood, or oppose liberty but because we love lib- from desecration. Vermont’s actions apple pie. I fought so that my mortal enemy erty. are consistent with our strong tradi- could declare at the top of his lungs that ev- Wendell Phillips, a great New Eng- erything I held dear was utter drivel . . . I tion of independence and commitment land abolitionist, wrote: fought for unfettered expression of ideas. to the Bill of Rights. Indeed, Vermont’s Mine and everybody else’s.’’—Mr. John The community which dares not to protect own Constitution is based on our com- Kelley, East Concord, Vermont, lost his leg its humblest and most hated member in the free utterance of his opinion, no matter how mitment to freedom and our belief it is to a Viet Cong hand grenade while on Oper- best protected by open debate. ation Sierra with the Fox Company 2nd Bat- false and hateful, is only a gang of slaves. talion 7th Marines in 1967. Probably no person disagreed more At one time, when we were afraid we I hope you will join me and the Veterans vehemently with Wendell Phillips on might not have that chance for open Defending the Bill of Rights in opposing S.J. the burning issues of their day than debate, Vermont declared itself an Res. 12, the flag desecration constitutional independent republic. In fact, Vermont amendment. We must not allow this ‘‘feel Senator John C. Calhoun of South good’’ measure to restrict freedoms for Carolina. Yet Senator Calhoun came to did not and would not become a State which so many veterans sacrificed so much. much the same conclusion in a speech until 1791. That was the year the Bill of I look forward to working with you. he gave on the Senate floor, our Senate Rights was ratified. Following that Sincerely, floor, in 1848, more than 150 years ago. tradition, this Vermonter is not going GARY E. MAY. Senator Calhoun said: to vote to cut back on the First Mr. LEAHY. I have been to countries, We have passed through so many difficul- Amendment of the Bill of Rights for as have many of us, countries with dic- ties and dangers without the loss of liberty the first time since its adoption.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12537 Vermont sent Matthew Lyon to Con- quite low. But even though confidence deeply offended when the flag is de- gress. He, incidentally, cast the deci- in the institutions of our Government filed. Two years ago, a flag incident oc- sive vote, Vermont’s vote, for the elec- may be low, Americans love their coun- curred in Vermont outside St. tion of Thomas Jefferson. That elec- try. They respect the flag. It is the Augustine’s Church in Montpelier. tion was thrown into the House of Rep- misuse of their Government for par- Someone wrapped a statue of the Vir- resentatives. Had Matthew Lyon voted tisanship, the corruption of the Gov- gin Mary in the American flag and set otherwise, Thomas Jefferson would not ernment and its processes, it is a lack it on fire. This is a church in which I have become President. Matthew Lyon of credibility and competence that have been baptized. When this act was was the same House Member who was a they see in their Government that con- first reported, I called it an act in- target of a shameful prosecution under cerns Americans in the face of real tended to outrage, an attack on the re- the Sedition Act in 1789. Why? For threats and real problems. ligious community, and a gross show of comments he made in a private letter. Mark Twain said: Honor your coun- disrespect for the flag. We also know And the power of the U.S. Government, try, question your Government. That is acts like these can and should be pros- under that horrible act, came down on what is happening today. ecuted under Vermont’s law, as I sus- Matthew Lyon. He was locked up for I see respect for our flag in the ac- pect they should be under all of the daring to be so critical in a letter. tions and attitudes of the citizens of laws of any of the 50 States. Laws pro- Vermonters showed what they America. I see it in the dedication of hibit such damage to property. thought of the Sedition Act and what Don Villemaire and his friends of Essex If someone seeks to do harm to the they thought of trying to stifle free Junction, VT, who stood and proudly flag I proudly fly in my home when I speech. While Matthew Lyon was in waved American flags every single am there, they, too, would be pros- jail, Vermonters reelected him and night after the horrible tragedy of Sep- ecuted under Vermont law. In fact, sent him back to Congress. Along with tember 11, 2001, until the search for re- having been a prosecutor in Vermont, our own lone Congressman, Congress- mains officially ended. That was a vigil knowing what I know of Vermont ju- man SANDERS, I am working on that every single night in Essex Junction, ries, they would be convicted, but I can commitment to having a post office VT—longer than 8 months. That is replace a flag of mine that was de- named for Matthew Lyon in Vermont. showing respect. stroyed, and would. I can buy another Vermont has stood up for the rights I see in Montpelier, my birthplace, in flag. But if we act to diminish the Bill of free speech before and since. their annual Independence Day parade, of Rights that protect our rights and Vermont served the Nation during the where flags are waved in support of our freedoms of a quarter billion Ameri- dark days of McCarthyism. In one of country and our soldiers. I see it in the cans and of generations to come, we the most remarkable and praise-wor- memorial of American flags planted cannot replace that. We cannot go to thy actions of any Senator from any along the paths of funeral processions the store and buy a new Bill of Rights State, Vermont Senator Ralph Flan- of Vermonters killed serving their once it is diminished. ders stood up for democracy in opposi- country in Iraq and Afghanistan. Ours is a powerful Constitution, all tion to the repressive tactics of Sen- Vermonters’ respect for the flag is born the more inspiring because of what it ator Joseph McCarthy. When so many from respect for this country and the allows and because we protect each others, both Republicans and Demo- values it protects. Our patriotism is other’s liberty. Let us be good stew- crats, ran for cover, Senator Ralph felt, it is willful. It is not forced on us. ards. Let us preserve and protect for Flanders of Vermont, a Republican, a Instead of telling the American peo- our children and our children’s chil- conservative, a businessman, came to ple, the people beyond the 100 who have dren a Constitution with the freedoms the Senate floor and said: Enough is the privilege of serving here, what they we were bequeathed by the founding enough. He asked for the censure of can and cannot do, maybe we should patriots and by the sacrifice of genera- Senator McCarthy and allowed people talk about what we 100 do and how we tion after generation of Americans. once more in this country to speak do it. We honor America when we in I urge Senators to think about this freely. the Senate do our jobs, when and if we vote. Do not diminish that pillar on Vermont has a great tradition we work on the matters that can improve which our democracy and our freedoms cherish. It is one I intend to uphold. I the lives of ordinary Americans. Let depend. Do not cut back on the First honor the Vermont tradition that in- the 100 Members of the Senate work to Amendment of our Bill of Rights for cludes Senator Flanders when I oppose raise the minimum wage, lower gas the first time in American history. cutting back the First Amendment and prices, provide better health care and I yield the floor. the Bill of Rights. health insurance for more Americans. The ACTING PRESIDENT pro tem- I know there is an impulse, a natural Let the 100 Senators act to fund the pore. The Senator from Utah. impulse, to restrict speech with which promise of stem cell research that Mr. HATCH. Mr. President, I will re- we disapprove. But America is strong could end the suffering of so many spond, but first I ask unanimous con- because we do not fear freedom; we do Americans. sent to allow the distinguished Senator not restrict freedom of speech. We The proposed amendment to the Con- from Alabama to speak, and then allow should have confidence our institutions stitution would do harm to the First me to go next. are stronger than a bunch of hooligans Amendment protections that bind us The ACTING PRESIDENT pro tem- and that their ideas are better than all against oppression, especially the pore. Without objection, it is so or- those of cranks and crackpots. oppression of momentary majority dered. We know the vast majority of the thought. The amendment violates the The Senator from Alabama. people in this great country are patri- precept laid down more than 200 years Mr. SHELBY. Mr. President, I rise otic, especially thinking of September ago that ‘‘he that would make his own today to express my strong support for 11 the way the American people have liberty secure must guard even his the antiflag desecration resolution demonstrated patriotism, as rarely in enemy from oppression.’’ that is before the Senate this after- our history. I can never remember a It undercuts the principle that a free noon. time in our history when I have seen society is a society where it is safe to Mr. President, 229 years ago this more people fly more flags, and proud- say and do the unpopular. Let us not month, the Continental Congress ly. give away our liberties in order to im- adopted a resolution giving the United The crisis confronting America is not pose orthodoxy so others cannot of- States a flag, the stars and stripes, the flag burning. Americans honor flags as fend. American flag that we know today. a symbol of our country. Americans Let me be clear, I am deeply offended There is no greater symbol of our free- also know we face real challenges. The when anyone defiles the American flag. dom and our liberty. confidence of the American people and I expect one thing that unites all 100 The stars and stripes epitomize the this Government and institutions is Senators is that every one of us is underpinnings of the United States,

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12538 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 that which was envisioned and created lions of Americans. The argument is I thank my colleagues on both sides by the Founders of this great Nation, not about legitimate free speech, in my of the aisle for supporting this effort. I solidified by the Framers of the Con- judgment, but, rather, the extent to especially thank my colleague, the stitution, and represented at that first which free people must tolerate offen- chairman of the Judiciary Committee, Continental Congress. sive acts. While some will say that a Senator SPECTER, for working so hard Old Glory was raised at Iwo Jima, constitutional amendment to ban flag to see this amendment through the was placed on the Moon, and drapes the burning unduly inhibits free speech, I committee. I thank my dear friend coffin of every servicemember who has respectfully disagree. from Alabama who just spoke because, sacrificed his life for our Nation. Our Let me be clear. It will not diminish in his own cogent, very clear spoken flag is emblematic of liberty and de- the Bill of Rights, in my judgment, to way, he has made it very clear this is mocracy. It honors all those who have allow Congress to define and enforce a not some inconsequential, inconsid- defended our Nation from enemies at law which protects the American flag erate, partisan thing that is going on home and abroad, and all those who much like other national treasures are here. I also thank the majority leader, carried it into battle and never re- protected. To desecrate the American Senator FRIST, for bringing it to the turned. flag, in my judgment, is to desecrate floor. Yet there are some throughout this the memory of the hundreds of thou- Like I say, this is an important de- country who have chosen to express sands of Americans who have sacrificed bate. A lot depends on this debate. In their views and opinions by defacing their lives to keep our flag flying. It is fact, I would say it is a critical debate. and even burning the flag. They believe to destroy everything this country rep- Should this amendment pass, we will the flag is simply a piece of fabric upon resents. restore—that is a very important which stars and stripes have been sewn. There are some things that just need word—the power of the people over They refuse to respect and revere the to be treated with respect and rev- their own Constitution. We will make flag as a true monument to the free- erence for no other reason than to it clear that in America it is the peo- doms and ideals of our great Nation. honor all those who have served and ple, not the judges, who are sovereign. These notions were bolstered by a 1989 died for this country. This is a debate worth having. There Supreme Court decision that protected When we look at our flag, I believe has been a lot of misunderstanding the desecration of the flag. we should see more than a piece of fab- about this amendment. I believe even Throughout the history of our Na- ric colored red, white, and blue. We the distinguished ranking member on tion, the flag has been protected by should see our Nation and all that it the committee has misconstrued this laws. In fact, before the Supreme Court symbolizes. Our Armed Forces put amendment in his remarks here today. decision in 1989, 48 States and the Dis- their lives on the line daily to defend This is what the amendment says. It is trict of Columbia had laws regulating what Old Glory represents. We have a simple. It has nothing to do with free the physical misuse of the American duty and a responsibility to honor speech. The amendment says: flag. Even today, a majority of Ameri- their sacrifices by giving the flag the The Congress shall have power to prohibit the physical desecration of the flag of the cans continue to believe the flag should constitutional protection it deserves. United States. be protected, that the Court was basi- At this time, before I yield the floor, Let’s read that again. It does not ban cally wrong in their decision. I thank Senator HATCH for all of his anything. It says: It is that strong support and my firm work in this regard and also for yield- belief that we must protect the flag ing me time. The Congress shall have power to prohibit the physical desecration of the flag of the that has sent me here today to advo- The PRESIDING OFFICER (Mr. BEN- United States. cate for this resolution. While some NETT). Under the previous order, the This body and the other body will have argued we should simply accept Senator from Utah is recognized. have the power. The other body has al- court interpretations of first amend- Mr. HATCH. Thank you, Mr. Presi- ready voted it out of that body by a dent. ment issues as final, irreversible two-thirds vote. Some say we are only Mr. President, this amendment is a truths, I disagree. Our system of gov- one vote short of having 67 votes. Some bipartisan amendment. It is over- ernment is based upon checks and bal- want to make this a partisan debate. It whelmingly bipartisan. We have always ances and allows for legislative reac- is not. Some want to make it an elec- gotten over 60 votes. The House of Rep- tions to judicial decisions. tion-year debate. It is not. This is a bi- resentatives passes it overwhelmingly While rarely invoked, amending the partisan debate over whether we are and gets the requisite two-thirds vote Constitution is a reasonable reaction going to stand up and restore the Con- every time. It has always been stopped to a controversial and clearly wrong- stitution to what it was before five headed court decision. The American here in the Senate. unelected Justices on the U.S. Supreme Bringing it up at this time is cer- system of government provided for Court—to four who totally disagreed tainly not an election-year ploy, as we amendments, and there are some issues with them—decided to change the Con- that deserve that attention. I believe have Democrats and Republicans who stitution. Those who argue that this is protecting the flag is one. feel very deeply about this issue. It is a change of the Bill of Rights have In debating this issue, we must look bipartisan. The last time we brought it failed to recognize there are millions in beyond burning the flag and protecting up was in the year 2000. If I had my this country—the vast majority—who one’s freedom of expression. This issue way, we would have brought it up every differ with those five unelected Jus- must be considered in a broader con- one of those intervening years so the tices. And there were four with an text. We must remember that this American people could really realize opinion, written by arguably one of the issue is about respecting the single uni- what is involved here. most liberal Justices on the court, Jus- fying symbol of this great democracy, So today we begin the debate on the tice Stevens, saying that desecrating the American flag. flag protection amendment. This is an the flag is not free speech but offensive Defacing the U.S. Capitol or the important debate. This is a constitu- conduct. Washington Monument would never be tional amendment. It ought to be dif- But even if you want to make that considered legitimate acts of free ficult to pass any constitutional argument, it does not belong here in speech. The flag should be entitled to amendment, and they truly make it the context of this debate because what the same considerations. The flag is a difficult, requiring a two-thirds vote of we are arguing is whether we can re- national treasure, a monument, even, both bodies. Assuming we get those store the Constitution to what it was and like other national treasures, it de- votes and it passes both bodies, it has before five unelected jurists, Justices, serves to be protected and respected. to be submitted to the States, and 38 on the Supreme Court changed it. Our flag is a unique national symbol States would have to ratify it, at least The Congress shall have power to prohibit that represents common values, shared 38, in other words, three-quarters of the physical desecration of the flag of the aspirations, and the sacrifices of mil- the States. United States.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12539 I have heard Senators on this floor Court: We are not going to let you missioners on Uniform State Laws ap- criticize the administration and other intermeddle in the affairs of the people proved the Uniform Flag Act in 1917. administrations on both sides of the themselves with regard to the flag of Section 3 of that act provided that: aisle saying that they have usurped the the United States. No person shall publicly mutilate, deface, powers of the Congress of the United For too long, some unelected judges defile, trample upon, or by any word or act States. Yet some of them who are vot- have mistakenly concluded that it is cast contempt upon any such flag, standard, ing against this amendment turn the courts that have exclusive domin- color, ensign, or shield. around and fail to stop the usurpation ion over the Constitution. Now, many States used this Federal of powers by the Supreme Court of the The Constitution began with ‘‘We the statute as a model for their State stat- United States in a 5 to 4 decision. People.’’ The people wrote the Con- utes or to supplement existing stat- Well, don’t miss the point here. stitution at the Constitutional Conven- utes. The Congress shall have power to prohibit tion. The people created the Congress There is no doubt that desecrating a the physical desecration of the flag of the and the courts. The people ratified the flag is meant to express something. United States. Constitution and gave it life. And the But as the late Chief Justice Rehnquist That is what this amendment says. It people ratified the first amendment. understood, that expression is more is a simple statement of the power of Yet the courts seem to say they are akin to an ‘‘inarticulate grunt’’ than a the people and of their Representatives the only ones who have authority over serious public statement when they in Congress. So all the high-flown talk the Constitution. This was certainly desecrate the flag. The States con- about the Bill of Rights and this is the case in 1989, when a severely di- curred when they did their own bal- vided Court reversed 200 years of Amer- going to be the first time the Bill of ancing of the interests of the political ican jurisprudence and overturned the Rights will be overturned—come on, community in protecting the flag with considered judgment of the American the Bill of Rights was overturned when the interest of the individual in ex- people in almost every State. five unelected jurists changed it and pressing himself. For generations, the American people The Court agreed that not all expres- changed the Constitution. Now we will provided protections for their beloved get it back to the people. sive conduct could simply be labeled symbol, the flag. speech and given full first amendment This amendment does not ban any- On June 20, 1989, 48 States and the protection. As the Supreme Court ex- thing. It does not amend the first District of Columbia had statutes that plained in United States v. O’Brien: amendment. It does not prohibit protected the flag from physical dese- speech. What it does is simple. It re- cration. [W]e cannot accept the view that an appar- stores the power of the people’s Rep- On June 21, 1989, all of those statutes ently limitless variety of conduct can be la- resentatives to protect the flag from beled ‘‘speech’’ whenever the person engag- suddenly became unconstitutional—all ing in the conduct intends to express an idea. acts of physical desecration. That is it. of the people’s statutes, all of that In instances where expressive con- That is it. It is that simple. work by all of these legislatures and duct, not speech, is at issue, the Court The Congress shall have power to prohibit the District of Columbia. All of them must balance the interests of the com- the physical desecration of the flag of the were ruled unconstitutional by five munity in prohibiting this conduct United States. unelected Justices who were contested with the interests of the person who In the United States, we have govern- by four Justices on the Court. ment by the people. The Declaration of Now, how did this come to pass? One wishes to express himself or herself. Independence makes it clear that in vote on the Supreme Court switched, With regard to flag burning, the this country—for that matter, in any one vote. That is it. One vote and the Court’s approach was measured. In just political community—the people will of the people in virtually every Smith v. Goguen, the Court overturned are sovereign. State in the Union was overturned—in a flag desecration conviction in Massa- Sometimes we need to be reminded of nearly every State. One vote, one per- chusetts, concluding that the statute this powerful truth. This is how Thom- son—five people. which punished words and acts of dese- as Jefferson explained what he called For many years, the Court well un- cration was void for vagrants. The ‘‘the common sense of the matter.’’ derstood the obvious and compelling Court added, however, that: We hold these Truths to be self-evident, interest of political communities in nothing prevents a legislature from defining that all Men are created equal, that they are protecting the American flag from with substantial specificity what constitutes forbidden treatment of United States flags. endowed by their Creator with certain desecration. In 1907, Justice Harlan unalienable Rights, that among these are wrote for the Supreme Court in Halter This is the Supreme Court. The Court Life, Liberty, and the Pursuit of Happiness— v. Nebraska. That decision reviewed a pointed to the Federal flag protection That to secure these Rights, Governments statute, one which prohibited only are instituted among Men— Nebraskan statute protecting the flag from physical misuse. physical desecration rather than Now, get this last part: This was Justice Harlan’s—one of the words, as an example of a constitu- deriving their just Powers from the Consent all-time greatest Justices on the Su- tionally permissible statute. And so it of the Governed. preme Court—conclusion: was, until five unelected Jurists It is the first principle of the Amer- It is not remarkable that the American changed it—actually, until one vote ican founding, and it is one that the people, acting through the legislative branch changed it, one vote combined with the American people still hold true today. of the Government, early in their history, four who had always voted against the Government exists because of the peo- prescribed a flag as symbolical of the exist- flag. ple, and it only exists with their con- ence and sovereignty of the Nation . . . The Court and the people were in sent, meaning our consent. [L]ove both of the common country and of agreement. Not all expressive conduct The Constitution affirmed this when the state will diminish in proportion as re- can receive first amendment protec- spect for the flag is weakened. Therefore, a it began with ‘‘We the People.’’ The state will be wanting in care for the well- tion. The Government’s interest in pro- people wrote the Constitution at the being of its people if it ignores the fact that tecting the American flag from phys- Convention. The people created the they regard the flag as a symbol of their ical desecration was a real one. But be Congress and the courts. The people country’s power and prestige, and will be im- that as it may, we could argue right ratified the Constitution. They gave it patient if any disrespect is shown towards it. now about whether this is conduct or life. And the people ratified the first In short, there was a clear interest in whether it is speech. The fact is, we are amendment. providing protection for the American not talking about free speech. We are Yet, for too long, some unelected flag, recognized by one of the greatest talking about restoring the Constitu- judges have mistakenly concluded that Justices in the history of the Supreme tion to what it was before five un- it is the courts that have exclusive do- Court. elected judges or Justices on the Su- minion over the Constitution. This is a Now, following this holding in the preme Court changed it. And it really chance for us to say to the Supreme Court, the National Conference of Com- came down to one changed vote on the

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12540 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 Court because the Court had always for his expression of dissatisfaction with the back and looking at that rollcall vote, upheld amendments that protected the policies of this country, expression situated we should be proud of our actions. Cur- flag from acts of physical desecration. at the core of our First Amendment values.’’ rent Senators, including my colleagues The flag is a unique symbol of our Respondent was prosecuted because of the on the Judiciary Committee, Senators method he chose to express his dissatisfac- BIDEN and HERB KOHL, supported the nationhood that demands protection. tion with those policies. Had he chosen to The American people do not share a spray-paint—or perhaps convey with a mo- bill. So too did my colleague from Ken- common religion or common political tion picture projector—his message of dis- tucky, Senator MCCONNELL, who has beliefs. We do not share a common eth- satisfaction on the facade of the Lincoln Me- since been elected majority whip. A nic heritage. But there are a few public morial, there would be no question about the number of other Senators who are no symbols we do share as people. The power of the Government to prohibit his longer here supported this as well, in- American flag is a unique representa- means of expression. The prohibition would cluding former Democratic leader Tom tion of our remarkable union. Its 13 be supported by the legitimate interest in Daschle. It was a good bill. But the Su- preserving the quality of an important na- preme Court had other ideas. stripes represent our origins as a na- tional asset. Though the asset at stake in tion, and its 50 stars, separate but uni- On June 11, 1990, the Supreme Court this case is intangible, given its unique struck down this overwhelmingly con- fied on a field of blue, represent what value, the same interest supports a prohibi- we have become. From a small outpost tion on the desecration of the American flag. gressionally approved statute in United States v. Eichman. Again, this Court of the Colonies fighting for freedom, we That is Justice Stevens, who wrote was severely divided along familiar have become a beacon of liberty to the the opinion for the Court and who lines. So what now? What course of ac- whole world. many would arguably say may be the For years, interest in protecting this tion is available to Congress? They most liberal Justice on the Court. The have made it clear you can’t do this by symbol was deemed strong and real American people agreed: the Court got enough to rebut serious constitutional statute. They made it abundantly this one wrong. They got it very wrong. clear. The Court had given us its opin- challenges. What changed? Why do the So Congress acted immediately. We be- American people no longer have the ion. It said that statutory protection of lieved that Congress did have the the American flag was not content- right to protect the flag from acts of power to protect the flag. For well over physical desecration? Why can’t the neutral and therefore violated core 100 years, the Court had upheld State constitutional rights to expressive con- Congress do that? One vote switched and Federal protection measures. and went with the other four, and all of duct. An amendment really is the only On July 18, 1989, two separate meas- way we can solve this problem. So Con- these rights were gone. So to those who ures were introduced in the Senate. say this is a denigration of the first gress began to focus its attention on a Former Senators Robert Dole, Alan constitutional amendment that would amendment, the first amendment was Dixon, Strom Thurmond, and Howell denigrated when five unelected Jus- restore the power of the people to pro- Heflin introduced S.J. Res. 180, which tect the flag from acts of physical dese- tices took the power away from the would restore the power to protect the people. cration. flag to the States and affirm the exist- Those who supported this amend- Prior to 1989, 48 States protected the ing power of Congress to do so. On the flag, and the other two basically stood ment believed that the Court got this same day, Senators JOSEPH BIDEN, Wil- one wrong, badly wrong, and it was up for protecting the flag, and the District liam Roth, and William Cohen intro- to the people to correct these deci- of Columbia. I am not making this up. duced the Flag Protection Act. sions. A constitutional amendment is On June 20, 1989, nearly every State While the amendment would have really the only way to do it. I am not had laws protecting the flag from phys- merely restored and confirmed the the only one who has thought so. Some ical desecration. All those States power of the people’s representatives to of the most compelling statements on rights, all the people’s rights, were protect the flag, as this resolution behalf of an amendment have come wiped out when one person changed his does, this statute which was filed by from my colleague from North Dakota, vote on the Supreme Court. One day Senators BIDEN, Roth, and Cohen would Senator CONRAD. In the past, he argued later, after June 20, 1989, all of these have actually codified that legal pro- forcefully for an amendment to fix this State laws were unconstitutional. All tection. problem: that changed is the Supreme Court de- Ultimately, the Senate acted on the Because I believe that the flag should have termined that it would disregard the bill authored by my colleague from legal protection, I supported statutes last beliefs of the American people and Delaware, Senator BIDEN. As chairman year and today to protect the American flag. their representatives in Congress and of the Judiciary Committee, he was But these attempts have failed. And now we in the States. committed to resolving this issue. He are left with no other choice if we believe When the Supreme Court had the op- held four hearings with 20 hours of tes- that the flag deserves protection. portunity to execute its balancing test timony and 26 witnesses. I was there. Senator CONRAD went on to say: in Texas v. Johnson, balancing the in- After consulting with many experts, he We should let the States decide this mat- terests of the people and prohibiting was convinced that his bill would pass ter. If we fail to adopt an amendment today, certain conduct with the individual’s constitutional muster. It was a great we will deny the States the right to express their views on this matter. interest in expressing himself in a par- bill, consistent with the desires of the ticular manner, the Justices put their American people. It provided ex- That was a statement made in 1990. finger on the scale. They rejected as in- tremely broad protection for our Amer- By approving the constitutional amend- ment before us, we will foster a healthy de- sufficient the States’ interests, all of ican flag. This is what became law. these States and their interests, one bate in this country about the Bill of Rights, This is Senator BIDEN’s language and the freedoms we enjoy, our constitutional supported by the people in protecting others of us who supported it: guarantees, and how we can legally and le- the flag. They did not do so through a [W]hoever knowingly mutilates, defaces, gitimately protect the flag. It is for these unanimous opinion. The Justices were physically defiles, burns, maintains on the reasons that I will support a constitutional severely divided, issuing a 5-to-4 deci- floor or ground or tramples upon any flag of amendment in this body and let the people sion. The dissent of Justice John Paul the United States shall be fined under this decide this important matter. Stevens, arguably one of the most lib- Title or imprisoned for not more than one I agree with that. That statement eral Justices in history, was compel- year, or both. was made on June 26, 1990. He was ling. He dissented from that five-person This bill passed by an overwhelm- right. This is the way to create a de- majority case. He spoke for the opinion ingly bipartisan vote. There are not bate all over the country that would be that the Court had arbitrarily aban- many things which go through the Sen- a debate on virtue and values. I doned. Here is what Justice Stevens ate on a vote of 91 to 9, but the deter- couldn’t have said it better myself said: mination to pass a constitutional stat- than the way Senator CONRAD said it in The Court . . . is quite wrong in blandly ute to protect the flag from physical 1990. An amendment really is the only asserting that respondent ‘‘was prosecuted desecration was one of them. Going way.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12541 In a recent letter on this subject, will protect our beloved flag. It would groups. Everybody from the American Stephen Presser, professor of legal his- take at least 60 votes on the floor of Legion, to the Fraternal Order of Po- tory at Northwestern University the Senate to pass any language be- lice, to the Knights of Columbus has School of Law, explained that an cause of our filibuster rule, so it is urged Congress to support this amend- amendment was and remains our only going to take a supermajority no mat- ment. They have been tireless in their option. He said: ter what. We are not about that right efforts. They see this constitutional We were told by proponents of a statute to now. That has nothing to do with this amendment for what it is. All this con- correct the Court’s error in 1989 that they amendment, except it would be inevi- stitutional amendment does is restore could draft one that would survive Constitu- table. What has to do with it is restor- power to the people’s representatives tional challenge. I testified at a hearing be- ing the power to the Congress which in Congress. Read it again: fore the Judiciary Committee at that time was taken by five unelected Justices on The Congress shall have power to prohibit that it could not be done, and, sure enough, the Supreme Court. If we want this the physical desecration of the flag of the in 1990, the Supreme Court ruled in U.S. v. type of statute, it is important to re- United States. Eichman that the statute (which scholars store our constitutional authority to such as Larry Tribe, for example, told us All it does is restore it to where it would be deemed constitutional) was uncon- pass it. was. It was the Court that changed the stitutional. It is significant that Professor As I said, the alternative to this Constitution. It is not us changing it. Tribe, along with his Harvard colleague amendment is to do absolutely nothing We are trying to restore it to where it Richard Parker have now clearly taken the and acquiesce in the usurpation of our was and send a message to the Supreme position that no flag protection statute can institutional power by another branch Court that on these great social issues pass Constitutional muster. They are cor- of Government. By doing nothing, we you have to let the elected representa- rect: any statute would be deemed by the accede, through our inaction, to a deci- tives of the people make these deci- Court to be the government’s unconstitu- sion by five unelected Justices who sions for the people, and you should tional favoring of one form of speech over took the power from an American peo- another, and would thus be deemed to be un- quit playing around with issues for ple over an important cultural issue. which you should not have responsi- constitutional content, discrimination with Abraham Lincoln addressed this regard to speech. bility but the people should. issue before becoming President. What This is not a perennial partisan issue. A constitutional amendment is the do you do when the Supreme Court only way. The alternative is to do This has not just been brought up be- gets it wrong? This is what Lincoln cause we are in an election year. I nothing. Congress believed that it had taught us: the power to protect the flag; the Court would bring it up every year if we The candidate citizen must confess that if could. The last time it came up was in disagreed. the policy of the Government upon vital I listen to many of my colleagues questions affecting the whole people is to be 2000. This is overwhelmingly bipar- routinely complain that other branches irrevocably fixed by decisions of the Su- tisan. Republicans and Democrats, lib- are usurping the powers of Congress. I preme Court, the instant they are made in erals, moderates, and conservatives all have heard that through my whole 30 ordinary litigation between parties in per- support our efforts. In fact, it makes years in the Congress. They are always sonal actions, the people will have ceased to you wonder who would not support it complaining about the executive be their own rulers, having to that extent in the Congress because all we are try- practically resigned their Government into ing to do is give the power back to the branch usurping the powers of Con- the hands of that eminent tribunal. Congress. gress. The judicial branch is usurping Well, that is what Lincoln had to the powers of Congress. Here we have a Quite the contrary. It is broadly sup- say. Are we going to just continue to ported on both sides of the aisle, and chance to restore those powers: allow five unelected Jurists to deter- The Congress shall have the power to pro- the groups supporting it are distinctly mine what the vast majority of the nonpartisan. hibit the physical desecration of the flag of American people believe is right or are the United States. At the Judiciary Committee markup we going to continue to determine that What does that ban? It doesn’t ban a of this resolution a few weeks ago, Sen- they are taking away the power that ator FEINSTEIN spoke eloquently on its thing. All it says is that we are going the Congress has always had? We to restore the power the Congress had behalf. She has been one of the amend- should restore that power? That is ment’s strongest supporters. Last before five unelected Jurists said we what this amendment does. didn’t have the power. week, this is what she had to say in an The answer in a democracy is that editorial in USA Today: When we passed the Flag Protection you let the people decide, especially on Act in 1989, we believed we had the Throughout our Nation’s history, the flag these sensitive, tough issues. I rou- has been protected by law. In 1989, 48 of our power to pass that bill. The Court had tinely hear some of my liberal col- different ideas. They overturned this 50 States had statutes restricting flag dese- leagues who have recently re-minted cration. . . .But its protection ended in 1989, overwhelmingly bipartisan legislation. themselves as progressives, complain when the U.S. Supreme Court struck down a We have an overwhelmingly bipartisan that we don’t listen to the people Texas law prohibiting flag desecration. Con- constitutional amendment here. It enough. They encourage direct democ- gress responded by passing the Flag Protec- isn’t partisan. It is bipartisan. We will racy. They speak at blogging conven- tion Act of 1989, but the Supreme Court have people come on the Senate floor tions. Let’s see them put their money struck down that law as well. The only way to restore protection to the flag is to amend and try to make this a partisan issue, where their mouth is. There is nothing which is all too frequent around here, the Constitution. Otherwise, any legislation more discouraging to a democracy than passed by Congress would be struck down. and ignore the fact that a lot of col- a divided court abandoning its past The flag Protection Amendment would not leagues on both sides of the floor, an precedent, overturning laws in 48 prohibit flag burning. Rather, the amend- overwhelming number, are in favor of States, and overturning a duly passed ment would simply return to Congress the this amendment. Federal statute. ability to protect the flag as it has been pro- If we want a statute to do this, we The reasonable reaction of many tected throughout most of this Nation’s his- need to restore our constitutional au- Americans might be: why bother? Why tory. thority to pass it—the alternative to bother to write and e-mail and petition That is what she said. This is not a our constitutional amendment, a sim- Congress? Why advocate on behalf of partisan issue. I am confident that all ple amendment, restoring the power to legislation? When it is all said and of this constitutional amendment’s the Congress. That is all it does. If you done, the Supreme Court will appear supporters would prefer to see it off the listen to the media, they act like it is deus ex machina and declare those laws agenda. We want it passed and sent to going to be a ban. It would not be a unconstitutional, even absent any real the American people for ratification. ban. If we can pass this amendment precedent, text, or tradition to support We are getting very close. We have and have it ratified by 38 States, I have its decision. voted on this amendment in the Senate no doubt there will be a constitutional Fortunately, that hasn’t been the re- only twice before. The last time we debate on the floor as to what language action among our Nation’s civic voted on it was in 2000. Right now, we

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These are people who are 19, 2004; Littleton, NH, September 9, year,’’ think about that. not among the 60. 2004; Las Vegas, NV, September 11, 2004; All 50 States have petitioned us to do In the case of Senator MENENDEZ, he Sarasota, FL, December 20, 2005; St. what this amendment will do: restore is going to have the opportunity to Clair Shores, MI, August 27, 2005; Beau- the Constitution to what it was before vote for it twice in the same Con- mont, TX; Hurricane, UT, July 4, 2005, these five unelected Justices changed gress—once as a Member of the House, right on Independence Day; Maryville, it. where he did, and now as a Senator. TN, July 4, 2005; Murrieta, CA, July 2, As I said before, if we are to be re- That is pretty unique. 2005; Sarasota, FL, June 28, 2005. There sponsive to our constituents, we only I have no doubt that if Members are many more listed here; that is just have one option: We must pass this voted their consciences, we would be mentioning some of these. We know amendment and send it to the States well above the required 67 votes. Unfor- there are a lot more than that, I am for ratification. tunately, radical special interest sure. I understand some of my colleagues groups are strongly opposed to this Look at this article that just hap- have some reservations about the amendment. It appears from some pened a few days ago. A reward was of- amendment. Some are very sincere— press accounts that they are prepared fered Friday for information leading to not all but some are. I urge them to to bring down the hammer, unless the arrest of whoever burned seven trust the people, to trust their in- some Members pull back their support American flags in the Marine Park sec- stincts. with inspired and last-minute changes tion of Brooklyn this week. This is This amendment is not going away so of heart. dated June 23, by the way, 2006, last long as I serve in the Senate. I will cer- I know many newspaper editorial week: tainly fight for it. Should we pass this boards oppose this amendment. They amendment, I think we would see per- still think it is a banning amendment. The flags, including one that was hung by a couple after their son was killed in the haps the greatest public debate that we They think we are banning flag dese- September 11, 2001, terrorist attacks. They have witnessed in our lifetime. The de- cration. No, we are not. Right now, this were burned in what police said was a case of bate over ratification in every State amendment says the Congress will criminal mischief. Residents of seven homes will be an ongoing history lesson for have the power to prohibit the physical woke up Thursday morning to find their younger Americans. It will bring them desecration of the flag of the United flags torched, police said. Investigators said in contact with our veterans to whom they believe the flag burning occurred some States. It doesn’t ban anything. Many we owe our freedom, and it will intro- law professors—or some at least—op- time overnight. ‘‘As we approach the cele- bration of our Nation’s independence, this duce them to the civic organizations pose this amendment. The ACLU op- that are the soul and spirit of our de- poses this amendment. But the people July 4, some vandal has defined our free- doms, rights, and liberties by setting fire to mocracy. support it. It is insulting to them to the American flag,’’ said State Senator Mar- Yes, there are some very fine people suggest that they want to amend the tin Golden who offered a $1,000 reward. ‘‘Flag and noted people who don’t think we first amendment, as the talking points burning is something we will not tolerate in should do this, but if you look at their opposed to our effort put it. This pro- our neighborhood’’. comments, they are not that they don’t posal does not amend the first amend- Regina Coyle said: think we should restore to the Con- ment; it restores the power of the peo- I can’t believe someone would actually in- gress that which the Congress should ple to the people. vade our personal space. We lost so much. It have. They are actually treating this Do over 60 colleagues oppose the first is the flag. amendment? Bipartisan colleagues. Do amendment as if it is an absolute ban Other residents said they found the the majority of Americans in every of free speech when, in fact, it has vandalism equally upsetting. State oppose the first amendment? Do nothing to do with that. All I can say is that you can go back I have to admit, if we pass this some of our Nation’s finest civic orga- in time and find hundreds, maybe even nizations oppose the first amendment? amendment and it is ratified, I am sure thousands of these incidents. We are Do four Justices on the Supreme Court there will be a debate over what form not even talking about those we don’t of the United States oppose the first of language should we have to protect amendment? Of course not. know about. For the American people, our beloved flag. What is important is But they do think the Court got and for me, even one instance of flag to have our young people come in con- these decisions badly wrong. They burning is one too many. My brother tact with the veterans and others to think the people have the right to pro- died in the Second World War fighting whom we owe our freedoms. tect the flag, consistent with the first for us. Another brother-in-law died in The Constitution begins with ‘‘We amendment. They think the opinion of Vietnam. We buried our top sergeant the people,’’ and in the end it is still we five unelected Judges should not for- marine brother-in-law in Arlington a the people, it is the people’s Constitu- ever bind the American people. year or so ago. I feel deeply about this. tion. We should send this constitu- We need to send this amendment to The first amendment guarantees an- tional amendment to the States. I the States and let them determine other right besides the freedom of want everybody to think about this. As whether they are going to ratify it. I speech. It gives the American people we hear them talk about: Oh, we must guarantee you that it will create a de- the right ‘‘to petition the Government protect our rights of free speech, and so bate on virtue, which has kept this for a redress of grievances.’’ I have to forth, this doesn’t have anything to do country the greatest country in the tell you, the American people are ag- with free speech. Read the words. Indi- world, and values, which our young grieved, sick and tired of unelected rectly, I guess you could say it does in people need to see more of. We will de- judges taking the most important the sense that undoubtedly there will bate it in every State if we can pass issues out of the hands of the people be a debate if this is passed and rati- this by 67 votes. and their representatives and acting fied, but it would still take a super- It is beyond time. I do not know what like junior legislators who will draft majority of the Senate to pass any so many of my colleagues fear. They our social policies for us. This is bad form of statute afterwards. There say this is not a major issue. Who is for democracy, and it is inconsistent would be plenty of protections for kidding whom? This is the American with the American Constitution. The those who would disagree with our po- flag. This is our national symbol. They American people have spoken in a his- sition. But for those who argued say that flag burning is a rare occur- toric event. All 50 States—every one of against this amendment, many of rence. That is not that rare. them—have petitioned the Congress to whom are constantly arguing about the

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This marks the fifth time in 17 years went to 1,000 Americans and they asked We should send this amendment to that Congress has debated amending them the following question: What do the States. We should let the people de- the U.S. Constitution to prohibit burn- you think is the most important prob- cide because, after all, that is all we ing or desecration of the United States lem facing this country today—1,000 would be doing. If we pass this con- flag—the fifth time. In the final weeks people across our Nation. Gay mar- stitutional amendment, we will be of this Congress, with all of the other riage—the subject of the constitutional turning it over to the people them- urgent challenges facing our Nation, amendment which was defeated and selves. Whatever people want to debate why are we coming back to this amend- part of the Republican agenda 2 weeks they can, and it would take an over- ment, having finished the same-sex ago—ranked 33rd on the list of impor- whelming 38 States, or three-quarters marriage amendment unsuccessfully? tant issues facing America in this re- of the States, to ratify this amendment Well, perhaps the argument has been cent poll. so that it would become the 28th made—and I think my colleague and But wait a minute. What about flag amendment to the Constitution. friend from Utah, Senator HATCH, just burning? When you ask 1,000 people I can’t think of a more complete dec- made it—that there is a serious prob- across America the most important laration of the rights of the people lem in America with flag-burning. problem facing this country today, than this particular very simple The Citizens Flag Alliance is a group where did it show up on the list of amendment that ‘‘Congress shall have that supports Senator HATCH’s position American priorities? It didn’t. Ameri- power to prohibit the physical desecra- on flag-burning, and they keep track of cans cited 42 different issues as press- tion of the flag of the United States.’’ how many people in this Nation of ing priorities for America, but banning Mr. President, I suggest the absence about 300 million have actually en- flag-burning was nowhere to be found. of a quorum. gaged in this disgusting practice of Last week a poll was taken by none The PRESIDING OFFICER. The burning our flag. So far, in the year other than Fox News. Even though clerk will call the roll. 2006 in the United States of America, they often fail in their self-proclaimed The legislative clerk proceeded to with almost 300 million people, the effort to be fair and balanced, they call the roll. Citizens Flag Alliance has recorded two asked 900 registered voters around the Mr. DURBIN. Mr. President, I ask instances of flag burning—two—in the country this question: Which one of the unanimous consent that the order for entire United States of America. There following issues do you think should be the quorum call be rescinded. has been an average of only seven acts the top priority for Congress to work The PRESIDING OFFICER. Without of flag desecration annually in Amer- on this summer? This is Fox, my objection, it is so ordered. ica in the last 6 years. So to argue that friends, Fox News. They asked 900 vot- Mr. DURBIN. Mr. President, pending we have this growing trend toward ers, and here are the choices they gave before the Senate is S.J. Res. 12. It is a desecration and burning our flag defies them: Iraq, immigration, gas prices, one-page resolution which is being sug- the facts. same-sex marriage, and flag-burning. gested for passage by the Senate. It is Here, the Citizens Flag Alliance gave What did our friends at Fox News dis- a matter which we will likely debate us a State-by-State background where cover? What percent of Democrats said the rest of this week. The reason we flags were burned or desecrated in the flag-burning should be the top priority are going to spend this much time on it year 2004. So let’s count. In this col- of Congress? Zero. is because this one-page document rep- umn of States: None. In this column of In the halls of Fox News, I am sure resents a historic change in America. If States: Two. And here in the State of they said, of course you wouldn’t ex- this amendment were to be ratified, it Vermont: One. So three times in the pect the Democrats to be patriotic would mark the first time in our na- year 2004, the Citizens Flag Alliance enough to understand that flag-burning tion’s history that we would amend the found three incidents where flags were is a top priority. No wonder none of the Bill of Rights of the United States of desecrated—three times in the entire Democrats in our 900-person poll iden- America. year. tified flag-burning as a top issue. The handiwork of Thomas Jefferson In 2005, the same group reported a But wait. What percentage of Repub- and our Founding Fathers, which has total of 12 instances—one a month in licans said flag-burning should be the guided our Nation for over 200 years, the United States of America—of peo- top priority of Congress? Zero. That which has become a model for nations ple desecrating and burning flags. The was the single issue that united Demo- around the world in terms of liberty source: The Citizens Flag Alliance that crats and Republicans. When they and freedom, is about to be changed if supports this. looked at the big issues that we could the sponsors of this amendment have So to suggest that the United States consider, Democrats and Republicans their way. is somehow facing a rash of this dis- agreed this did not belong on the list. It takes a great deal of audacity for gusting conduct just isn’t true. In fact, But it is on the list of the Republican anyone to step up and suggest to it rarely, if ever, happens. majority in this Senate, and we are change the Constitution. It happens. So why would we change the handi- going to spend a week on it. We are There is an amendment process. But in work and fine contribution to America going to spend a week on it, instead of this particular instance, I think what of Thomas Jefferson and our Founding talking about energy policy in America we are about to do is wrong. Fathers? I think there is more to the and bringing down the cost of gasoline Earlier this month, the Senate de- story than what we heard from one of for families and businesses and farm- bated and voted on a constitutional the Senators who came before us a few ers. We are going to spend a week de- amendment to ban same-sex marriage. moments ago. I wonder if there are bating this amendment, which the This amendment was, of course, de- things which we might be considering American people have not even identi- feated. Now, as I said, we are debating on the floor of the Senate of more im- fied as a serious priority or a serious this constitutional amendment to portance to the people of this country. problem, instead of dealing with health criminalize the desecration of the U.S. Is changing the Constitution because care in America. We are going to spend flag. 4 people desecrated American flags this an entire week debating this, instead of I am not quite sure that our Senate year more important than finding a addressing the issue of global warming, in which we serve still has its bearings. way to help 1 million Americans who which is a threat not only to our gen- That we would so quickly consider lost their health insurance over the eration, but generations to come.

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This amendment is truly a solution I think we should show a little hu- ator HATCH and others have brought to in search of a problem. Why are we de- mility around here when it comes to the floor, we would join ranks with bating it again? We know the answer. changing the Constitution. So many of only three other nations on Earth that We are here because the White House my colleagues are anxious to take a ban flag-burning, and that roster of na- and the congressional Republican lead- roller to a Rembrandt. Since the adop- tions include the following: Cuba, ership are nervous about the upcoming tion of the Bill of Rights, Members of China, and Iran. Oh, yes, and Iraq elections. They want to exploit Ameri- Congress have proposed more than under Saddam Hussein. cans’ patriotism for their gain in No- 11,000 amendments to our Constitution. If this amendment were to pass, it vember. We have passed only 17, and one of would be the first time since 1978—al- It is the same thing with the gay these was Prohibition, which we later most 30 years—that both Houses of marriage amendment. It wasn’t a pri- learned was a political mistake and Congress passed a constitutional ority for America; it is a priority for was repealed. amendment. Karl Rove and the Republican strate- Why are amendments to the Con- I recently read a book review in the gists. stitution so rare? Because throughout New York Times. It was about another The real issue here isn’t the protec- our history, Congress has always un- subject, but there was a quote in there tion of the flag, it is the protection of derstood that we should change our that I think is so apropos. Francis the Republican majority. We are not Constitution only under the most ex- Lieber was a 19th century political phi- setting out to protect Old Glory; we traordinary circumstances. We should losopher and author of America’s mod- are setting out to protect old politi- amend it only when it is absolutely es- ern laws of war. He cautioned against cians. That is what this is about. sential. It is a sacred document. It is weakening our Constitution during Sadly, Republican leaders are forcing part of what defines us as America. To times of war when inflamed passions this debate so they can accuse some reach in and change Thomas Jeffer- can make rash solutions seem reason- who disagree with them of being unpa- son’s Bill of Rights on the floor of the able. Listen to what Francis Lieber triotic and un-American. You heard it U.S. Senate should be an historic mo- said, and reflect on what we are doing: last week, didn’t you? Republicans ment and every Member should take It requires the power of the Almighty and came to the floor and accused Demo- pause before they do it. a whole century to grow an oak tree; but crats who wanted to start the with- The flag-burning amendment fails only a pair of arms, an ax and an hour or two drawal of troops from Iraq of wanting the test. As the Washington Post put it to cut it down. to cut and run. Cut and run, cut and recently in an editorial: The Bill of Rights has served this Na- run, over and over again, from the Re- Members of Congress who would protect tion since 1791, and with one swift blow publican side—this chest-thumping, the flag thus do it far greater damage than of this ax, we are going to chop into a few miscreants with matches. bring them on, we are loyal to the the first amendment. President at any cost, rhetoric coming That is not just my opinion; it is I can understand why veterans, in forth every single day on the Repub- shared by a lot of people. Colin Powell, particular, are offended by the desecra- lican side of the aisle. Then GEN Casey a man who has given his life to Amer- tion of the flag. They went to battle pulled the rug out from under them. ica, in military service at the highest and risked their lives under the red, And by the end of the week, he took levels, here is what he said about this white, and blue. The current leadership the same position as the Democrats flag-burning amendment: of the American Legion, whom I re- had with their amendment before the I understand how strongly so many of my spect very much and work with on fellow veterans and citizens feel about the U.S. Senate. many veterans’ issues, supports this flag and I understand the powerful sentiment amendment. I respect them for their So this week the Republicans are of State legislatures for such an amendment. going to come back and say that those I feel the same sense of outrage. But I step service to America and our national se- who won’t vote for this flag-burning back from amending the Constitution to re- curity. But, with all due respect, there amendment are somehow unpatriotic lieve that outrage. The First Amendment ex- are many veterans who disagree. and un-American. I think the Amer- ists to ensure that freedom of speech and ex- Keith Kreul is an Army veteran and ican people are a lot smarter than that. pression applies not just to that with which past national commander of the Amer- I think they are going to see this for we agree or disagree, but also that which we ican Legion. Listen to what he wrote in find outrageous. I would not amend that an editorial for the Leader Newspapers the political ploy that it is. great shield of democracy to hammer a few I don’t say this very often, but when miscreants. The flag will be flying proudly in Lyndhurst, NJ when the Congress it comes to changing our Constitution long after they have slunk away. considered this amendment in 1998. to ban flag-burning, I agree with Su- General Colin L. Powell. Here is what he said. preme Court Justice Antonin Scalia. Steve Chapman writes for the Chi- Our Nation was not founded on devotion to Justice Scalia, arguably the most con- cago Tribune, and here is what he said: symbolic idols, but on principles, beliefs and servative member of the Supreme ideals expressed in the Constitution and its If there is anything American conserv- Bill of Rights. American veterans who pro- Court, was part of the majority who atives should revere, it’s the U.S. Constitu- tected our banner in battle have not done so tion, a timeless work of political genius. voted to strike down the statute that to protect a ‘‘golden calf.’’ Instead, they car- Having provided the foundation for one of was previously written to ban flag- ried the banner forward with reverence for the freest societies and most durable democ- burning in 1989. He said in speeches what it represents—our beliefs and freedom racies on Earth, it shouldn’t be altered light- that it made him ‘‘furious’’ not to be for all. Therein lies the beauty of our flag. ly or often. able to put that defendant who burned Charles Fried is a leading conserv- So says the former National Com- that flag in that case—whom he de- mander of the American Legion, Keith scribed as a ‘‘bearded, scruffy, sandal- ative scholar who served as Solicitor General of the United States under Kreul. wearing guy burning the American Robert Williams was a bomber pilot President Reagan. Here is what he said: flag’’—in jail. But in Justice Scalia’s in World War II with the legendary words: The First Amendment to the United States Constitution has served us since 1791 through 332nd Fighter Group, better known as I was handcuffed. I couldn’t help it. That is wars, including a civil war, and crises of the Tuskegee Airmen. Listen to what my understanding of the first amendment. I every sort without the need for amendment. he wrote in the Baltimore Afro-Amer- can’t do the nasty things I’d like to do. It is an icon of our freedom. To amend it now ican newspaper when this amendment Like Justice Scalia and most Ameri- comes close to vandalism. came up a few years ago: cans, I am deeply and personally of- These are the words of Charles Fried: Our unit would never have existed had it fended by the desecration of our flag. I Totalitarian countries fear dissenters suffi- not been for the long tradition of—and re- think burning the flag is a form of pro- ciently to suppress their protests. A free Na- spect for—lawful protest in our country. . . . test that is crude and contemptible. tion relies on having the better argument. This Tuskegee Airman wrote: But being contemptible and stupid is Incidentally, if we were to pass this I cringe when I see Congress preparing to not unconstitutional in America. constitutional amendment, which Sen- pass a constitutional amendment that would

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12545 rewrite the First Amendment—for the first the floor, I am afraid the language they rally for the proposed flag desecration time ever—to ban a form of protest. It is par- brought is not going to stand the test amendment—an event at which he exhibited ticularly hard for me as an American war of time. Will we prosecute people for the rescued flag, which was presented to him by the Dodgers. But however heartfelt this veteran [Mr. Williams said] to see this action wearing star-spangled bathing suits at taken in the name of patriotism. gesture was, it was wrongheaded in lending For while we as a country view our flag as the beach? How about a T-shirt that support to a manufactured cause with no the very essence of patriotism, it is in re- fashions the flag into a peace sign? real value except a political one, the equiva- ality a symbol of that spirit. And if the pro- Would we put people into jail for sit- lent of throwing red meat on the table. posed flag desecration amendment wins final ting on an American flag blanket at a Tommy Lasorda is a great baseball approval, our flag will become a symbol Fourth of July picnic? Wiping their manager, and I follow baseball. The without substance. mouth with a flag napkin? last time this amendment came up, Mr. Williams went on to say: Instead of signing a name on a flag, Senator HATCH brought Tommy Don’t get me wrong. No one endorses the what if someone wrote ‘‘death to Amer- Lasorda in to testify. Tommy Lasorda idea of burning the flag or desecrating it in ica’’? Is that now desecration? The recalled the incident; he was the man- any way. It is to me a very repugnant con- symbol of the American flag is used to ager of the Dodgers on the day it oc- cept. But I find more threatening the idea sell everything from cars to cupcakes. curred, and Tommy Lasorda was emo- that we would change the Constitution every Should those ads be illegal? tional about these people trying to time some American came up with a new re- One of the most haunting images burn the flag and Rick Monday running pugnant way to protest. from Hurricane Katrina was the photo to its rescue. And then there is John Glenn. What of a frail, elderly African-American I asked Tommy Lasorda this ques- can you say about John Glenn, a fight- woman waiting for help with a blanket tion: Did they televise those two guys er pilot in two wars, one of our premier that looked like an American flag jumping out of the stands and burning astronauts, a great United States Sen- wrapped on her shoulders. Is that dese- the flag on the field? ator, a marine with such a great record cration? I don’t think so. He said, ‘‘No.’’ I said, ‘‘Why not?’’ of public service? He risked his life so Would we outlaw only future acts? ‘‘You televise that sort of thing,’’ many times for this country. He flew Could a person be arrested for pos- Tommy Lasorda said, ‘‘and it encour- under that flag so many times. Here is sessing a flag quilt that has been in the ages it.’’ what he wrote in testimony to the Sen- family for generations? Don’t the po- So what would be the effect of calling ate Judiciary Committee in 2004: lice in America have more important for a constitutional amendment on the Like most Americans I have very, very things to do? How many hours would floor of the Senate to ban an act that strong feelings about our flag. Like most future Congresses spend trying to de- occurs so rarely in the United States? Americans, I have a gut reaction in opposi- fine what this amendment says? My fear is that it would only encourage tion to anyone who would dare to demean, There is a better way. A number of us people to consider that sort of thing. deface, or desecrate the flag of the United are coming together on a bipartisan We would put a spotlight on it instead States. But also, like most Americans, I am of saying it is only happening two or concerned about any effort to amend the basis to propose a criminal statute that makes it clear that when someone three times a year, it certainly is not a Constitution and the Bill of Rights. national epidemic deserving of a con- I have watched as those who expressed damages the U.S. flag with intent to qualms or doubts or reservations about this incite or produce imminent violence, stitutional amendment. This flag amendment is all about the amendment run the risk of being smeared, of when someone burns a flag to inten- next election so that people who vote being labeled as unpatriotic or as a friend of tionally threaten or intimidate a per- against it can be labeled as unpatriotic flag burners. . . . Many of us feel uncom- son, when someone steals a flag that fortable talking about issues that involve and un-American. There are better belongs to the Federal Government and such private and personal emotions. We do ways to show our commitment to our destroys it, when someone steals a flag not wear our emotions on our sleeves, espe- Constitution and our flag and our vet- cially when it comes to how we feel about and destroys it on Federal land—all of erans. How about health care for our the flag and about patriotism. We do not pa- these are specific acts that we would veterans? How about making sure we rade around those things that are sacred to criminalize. That does not rise to the keep our promises to those who return us. level of a constitutional amendment, from battle, that we keep our promises John Glenn said he was speaking out but it says that we believe, on a bipar- to them that they be given medical against the flag burning amendment tisan basis, the flag should be treated care and housing and the education because ‘‘it would be a hollow victory differently. The flag does deserve spe- they were promised? I wish the people indeed if we preserved the symbol of cial respect. This narrowly tailored so- pushing this flag desecration amend- our freedoms by chipping away at fun- lution corrects the mistakes of the ment so hard would spend their energy damental freedoms themselves. statute Congress passed in 1989 and the on issues far more tangible to our Na- He went on to say: Supreme Court struck down a year tion’s veterans, such as health care. The flag is the Nation’s most powerful and later. That statute was too broad. This Earlier this year, the President sub- emotional symbol. It is our most sacred sym- new proposal is specific and clear. mitted his budget. He proposed to bol. And it is our most revered symbol. But One of the celebrity supporters of the shortchange our veterans when it it is a symbol. It symbolizes the freedoms flag amendment is Rick Monday. I comes to their health. The President’s that we have in this country, but it is not bring him up because he was a Chicago budget would force more than 50,000 Il- the freedoms themselves. Cubs outfielder, and I am honored to linois veterans, many of whom are low He is right. Our freedoms are dearer represent the State of Illinois where income, to pay more for their health than their symbols. S.J. Res. 12 is over- there are many Cubs fans. He played care. Their monthly prescription drug ly vague and filled with potential loop- for the Cubs from 1972 to 1976 and was costs would double. holes. What do the words ‘‘flag desecra- well known and well liked. The American Legion, one of the tion’’ mean? If someone took a flag and Everyone respects Rick Monday’s act most zealous advocates for the flag wrote on it, is that desecration? Here is of courage 30 years ago at a baseball burning amendment, recently issued an an instance where the President of the game at Dodgers Stadium when he ran action alert letter and said they are United States, when he was walking after two people who were about to very concerned about the underfunding through a ropeline, was handed an light an American flag on fire. He of the VA. I salute the American Le- American flag and asked to sign it. I do grabbed the flag away just as it was gion. I hope they will channel more en- not believe that is desecration of the about to be burned. ergy into helping our veterans than flag. I don’t think anyone would argue But I agree with an editorial pub- into changing our Bill of Rights. that question. But this amendment is lished last week in the Chicago Sun- The commander in chief of the Vet- not clear as to where you would draw a Times, which said the following: erans of Foreign Wars, Jim Mueller, line. As gifted as my colleagues may be Our appreciation of [Rick] Monday was not said this about President Bush’s fiscal who have brought this amendment to diminished by his appearance last week at a year 2007 budget:

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12546 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 The proposal to increase military retiree ening our Constitution and the free- flags that suddenly appeared? Stores healthcare premiums is absolutely unaccept- doms for which veterans fought. sold out of flags. In a time of national able. . . . I urge Congress to ensure that I hope my colleagues join me. I will trauma and grief, these flags were our those serving in uniform and those who offer my proposal as an amendment to served faithfully for many years are not for- comfort and our strength. They were a gotten in the budget process. the Bennett/Clinton amendment to this visible symbol of our unity and our underlying bill so we can, in one Hats off to the VFW and the Amer- faith that America would endure. Our amendment, criminalize the burning Nation had suffered a terrible loss, but ican Legion for speaking out for vet- and defacing of the flag and also pro- erans. Channel that energy into mak- the American flag waved proudly. tect military funerals from Mr. Phelps Sadly, in the 5 years since then, with ing sure that veterans get a fair shake and others like him who would bring instead of watching a week go by on our Nation at war, there are those who great disrespect at the funerals of our seek to pit us one against the other for the floor of the Senate where we debate soldiers who deserve the highest re- this unnecessary constitutional amend- political reasons. Now they want to use spect. our flag as a wedge issue in this elec- ment. I have been very careful in writing Giving the veterans a flag amend- tion. this amendment to make sure it fol- This political effort to ‘‘brand’’ the ment is not substitute for health care. lows the previous law, so there will be Flag burning does disturb some vet- flag as belonging to one party causes no successful constitutional challenges erans. Another way of showing respect some to feel sad and disillusioned. Bill in that regard. Moyers, the journalist, thinker, and for our veterans is to protect the sanc- I am also considering an amendment tity of their funerals. I am going to be former Presidential adviser, was among which I think is long overdue. It would many who felt troubled by the effort to offering an amendment tomorrow to do ban the consideration of constitutional redefine respect for the flag as a par- just that. amendments in election years. We have By now, many Americans have heard tisan issue. seen too darned much politicking with of the disgraceful and hateful actions Last year, Bill Moyers made a speech the Constitution in this Chamber this of one man named Fred Phelps. Mr. about freedom in America in which he month. Phelps calls himself a minister, a reli- James Madison wrote in Federalist 49 talked about the flag. He offered some gious minister. But his gospel seems to in 1788 that the U.S. Constitution profound words of wisdom that are begin and end with hatred and intoler- should be amended only on ‘‘great and worth reflecting upon today. He said ance. About 15 years ago, this Mr. extraordinary occasions.’’ It appears the following: Phelps and a small band of his fol- now that biennial elections are great I wore my flag tonight. First time. Until lowers began picketing funerals of peo- and extraordinary occasions in the now I haven’t thought it necessary to display ple who have died of HIV/AIDS. They minds of the Republican leadership of a little metallic icon of patriotism for every- have reportedly picketed 22,000 funer- one to see. It was enough to vote, pay my the Senate. Madison warned of the taxes, perform my civic duties, speak my als. ‘‘danger of disturbing the public tran- When their vile acts of hatred and mind, and do my best to raise our kids to be quility by interesting too strongly the good Americans. bigotry stop generating the publicity public passions’’ through frequent con- Sometimes I would offer a small prayer of they seek, they looked for new targets. stitutional amendments. Over 11,000 gratitude that I had been born in a country They began to stage protests at the fu- proposed constitutional amendments whose institutions sustained me, whose nerals of our brave young men and have been introduced in Congress, in- armed forces protected me, and whose ideals women who have given their lives cluding 66 during the current 109th inspired me; I offered my heart’s affections fighting for America in Iraq and Af- Congress. in return. It no more occurred to me to flaunt the flag on my chest than it did to pin ghanistan. In the past year, these so- Over the past three decades, the called Christians, these hate-mongers, my mother’s picture on my lapel to prove number of proposed constitutional her son’s love. Mother knew where I stood; so who would use the Bible as their shield, amendments considered on the Senate does my country. I even tuck a valentine in have protested at more than 100 mili- floor has increased dramatically. When my tax returns on April 15. tary funerals. in doubt here, amend the Constitution: So what’s this doing here? Well, I put it on They claim the deaths of American from two amendments between 1973 to take it back. The flag’s been hijacked and Armed Forces, if you can believe this— and 1983, to five amendments between turned into a logo—the trademark of a mo- they claim the deaths of American sol- 1983 and 1993, nine amendments be- nopoly on patriotism. On those Sunday diers are God’s punishment for Ameri- tween 1993 and 2003, to four already in morning talk shows, official chests appear adorned with the flag as if it is the good cans’ tolerance of gays and lesbians. this 3-year cycle since 2003. That is an affront to civilized behavior. housekeeping seal of approval. During the There appears to be a trend toward State of the Union, did you notice Bush and There may well be a special place in considering constitutional amend- Cheney wearing the flag? How come? No ad- the afterlife for people like Mr. Phelps, ments on the Senate floor during even- ministration’s patriotism is ever in doubt, but there is no place for his brand of numbered years which, coincidentally, only its policies. And the flag bestows no im- hatred at veterans’ funerals in this life. happen to be election years. munity from error. When I see flags sprout- Last month, Congress passed and the Constitutional amendments should ing on official lapels, I think of the time in President signed into law the Respect be considered by Congress without China when I saw Mao’s little red book on for America’s Fallen Heroes Act, which politicization. We should consider every official’s desk, omnipresent and prohibits their demonstrations at or these for the serious suggestions that unread. around our national cemeteries. To- they are, instead of electioneering, and I think Bill Moyers had it right. The morrow, I am going to offer an amend- that is what has happened too often on flag amendment should not be used as ment to this measure—a statutory the floor of the Senate. a proxy for patriotism. amendment not a constitutional Americans’ reverence for the flag I respect our flag as the symbol of amendment—to expand that previous does not have to be coerced or policed. the freedom granted to us by the Bill of law so it applies to the funerals of all It is something we feel in our bones. Rights, and it is painful for me to see veterans, whether they are buried in a When it comes to the Bill of Rights, I it burned or otherwise defiled. I strong- national cemetery, a church cemetery, trust Thomas Jefferson a lot more than ly believe that flag burning is an insen- or anywhere else. Karl Rove. I believe the words of sitive and shameful act, but I believe My amendment will also prohibit Thomas Jefferson have endured. I be- that it would be destructive to amend protests at funeral homes, houses of lieve the political tactics of Mr. Rove the Bill of Rights for the first time in worship, and other locations where de- and the Republican Party will not en- our nation’s history and restrict the ceased veterans are honored and bur- dure when it comes to using the Con- precious freedoms ensured by the first ied. We can honor our veterans and stitution for political purposes. amendment, simply to address an act protect their loved ones from this in- Remember what happened after Sep- which occurs in America only a few trusion on their grief without weak- tember 11? Remember all the American times a year.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12547 The real test of our belief in the Bill though passage of the 13th amendment and conviction, who strived for the bet- of Rights—the real test of our patriot- in January 1865, legally abolished slav- terment of a nation once lacking in hu- ism—is when we rise in defense of the ery, many African-Americans remained manity toward them. rights of those whose views we disagree in servitude due to the slow dissemina- So it is in the spirit and vision of Dr. with or even despise. The right to free tion of this news across the country. It Woodson that I pay tribute to three speech is a bedrock of our democracy. was not until June 19, 1865, that Union courageous and inspiring African- Amending our Constitution’s Bill of troops reached Galveston, TX, and Americans who played significant roles Rights would be a strike against the emancipated the last of the slaves. in addressing American injustice and very freedoms for which the flag stands Since that time, over 130 years ago, the inequality. and for which so many Americans have descendants of slaves have observed The contributions of Sojourner Truth given their lives. this anniversary of emancipation as a and Mrs. Rosa Parks, two women from Mr. GRASSLEY. Mr. President, I rise remembrance of one of the most tragic my State, and the venerable Dr. Martin today in support of S.J. Res. 12, the periods of our Nation’s history. The Luther King, Jr., are indelibly etched proposal to amend our Constitution to suffering, degradation and brutality of in the chronicles of the history of this return to Congress the authority to slavery cannot be repaired, but the great Nation, and they are also widely legislate on the issue of flag desecra- memory can serve to ensure that no viewed with distinction and admiration tion. Like my colleagues, I do not take such inhumanity is ever perpetrated throughout the world. lightly the concept of amending our again on American soil. Sojourner Truth, though unable to Constitution, but in this area, a run- It is appropriate and necessary that read or write, was considered one of the away judiciary has left us no choice. we, as a nation, recognize Juneteenth most eloquent and noted spokespersons No other emblem is as synonymous and use this day to reflect upon how of her day on the inhumanity and im- or representative of our Nation as the far we have come and how far we still morality of slavery. She was a leader American flag. No other image depicts have to go. While it was on this his- in the abolitionist movement and a as readily the freedoms and ideals our toric day in 1865 that slaves were fi- groundbreaking speaker on behalf of men and women in uniform have bat- nally freed of the onerous yoke of slav- equality for women. Michigan honored tled for. Americans proudly fly our flag ery, the same cannot be said about the her with the dedication of the So- to demonstrate their love for our coun- burden of pervasive racial oppression journer Truth Memorial Monument, try and for their neighbors. School- and second-class citizenship, which which was unveiled in Battle Creek, children have been pledging allegiance would not be eradicated in earnest MI, on September 25, 1999. until 100 years later through the civil to it every morning for decades. The Truth lived in Washington, DC, for rights movement of the 1960s. Although American flag has been flown in times several years, helping slaves who had we have made tremendous progress in of battle, of victory, and of national fled from the South and appearing at eliminating discrimination and cre- tragedy. It is the most recognized sym- women’s suffrage gatherings. She re- ating equal opportunities over the bol of freedom and democracy in the turned to Battle Creek in 1875 and re- years, the American dream continues world. mained there until her death in 1883. to elude the grasp of many Americans. Our flag should be protected from Sojourner Truth spoke from her heart those who would desecrate it and dem- I would like to reflect on the coura- geous and revolutionary leaders who about the most troubling issues of her onstrate a basic lack of respect for our time. A testament to Truth’s convic- national heritage. At the very least, pioneered the Civil Rights Movement and bridged the gap between emanci- tions is that her words continue to decisions about whether and how to speak to us today. protect our flag should be made by the pation in 1865 and equality in the 1960s. On May 4, 1999, legislation was en- legislative branch, not the unelected It seems only appropriate to begin with acted authorizing the President of the judiciary. the person who first proposed to com- United States to award the Congres- The proposal before us today would memorate the achievements of former sional Gold Medal to the late Mrs. Rosa not immediately ban flag desecration, slaves and their descendants: Dr. Car- Parks. I was pleased to coauthor this as its opponents would lead you to be- ter G. Woodson. A son of former slaves fitting tribute to Mrs. Parks, the lieve. Rather, it would return the and a man who rose from the coal gentle warrior who decided that she power to legislate on the issue to Con- mines of West Virginia to the summit would no longer tolerate the humilia- gress and the States, where it belongs. of academic achievement, Dr. tion and demoralization of racial seg- This constitutional amendment will re- Woodson’s story is considered one of regation on a bus. Her personal bravery store the legislative authority to pro- the most inspiring and instructive sto- and self-sacrifice are remembered with tect our flag to the legislative branch. ries in African-American history. reverence and respect by us all. I will be voting in favor of this Writer, editor, and lecturer Lerone amendment, and I urge my colleagues Bennett tells us his story: ‘‘At 17, the Fifty-one years ago, in Montgomery, to join me in doing the same. young man who was called by history AL, the modern civil rights movement I yield the floor. to reveal Black history was an untu- began when Mrs. Parks refused to give The PRESIDING OFFICER (Mr. COR- tored coal miner. At 19, after teaching up her seat and move to the back of the NYN). The assistant majority leader. himself the fundamentals of English bus. The strength and spirit of this courageous woman captured the con- f and arithmetic, he entered high school and mastered the four-year curriculum sciousness of not only the American MORNING BUSINESS in less than two years. At 22, after two- people but the entire world. The boy- Mr. MCCONNELL. I ask unanimous thirds of a year at Berea College [in cott that Mrs. Parks initiated was the consent that there now be a period of Kentucky], he returned to the coal beginning of an American revolution morning business, with Senators per- mines and studied Latin and Greek be- that elevated the status of African- mitted to speak for up to 10 minutes tween trips to the mine shafts. He then Americans nationwide and introduced each. went on to the University of Chicago, to the world a young leader who would The PRESIDING OFFICER. Without where he received a bachelor’s and one day have a national holiday de- objection, it is so ordered. master’s degrees, and to Harvard Uni- clared in his honor, the Reverend Mar- f versity, where he became the second tin Luther King, Jr. Black to receive a doctorate in history. Perhaps more than any other single JUNETEENTH INDEPENDENCE DAY The rest is history—Black history.’’ person, it was Dr. King—with his vi- Mr. LEVIN. Mr. President, during the In 1926, Dr. Woodson founded African- sionary leadership and inspiring rhe- week of June 19 through June 25, na- American history month: a time to rec- torical skills—who can be considered tionwide we celebrate in observance of ognize the enormous contributions of a the driving force behind the 1960’s civil Juneteenth Independence Day. Al- people of great strength, dignity, faith, rights movement.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12548 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 Mr. President, we have come a long District Judge Wayne Alley and then for the regard. I can offer three observations. First, way toward achieving justice and then-Chief Judge of the Tenth Circuit Court I have known Jerome to be open-minded and equality for all. We still however have of Appeals, the honorable Judge William respectful of different views. More impor- work to do. In the names of Rosa Holloway. Jerome then practiced for several tantly. I know Jerome to be respectful of the years in civil litigation before devoting him- role of the courts, as opposed to the role of Parks, Sojourner Truth, Carter G. self for eleven years to the U.S. Attorney’s the advocates, and I believe this under- Woodson, Martin Luther King, Jr., and Office in Oklahoma City. For several standing to be partly the result of his three many others, let us rededicate our- months, he has been practicing at Crowe & years of service as a law clerk for federal ap- selves to continuing the struggle for Dunlevy, one of the largest and most re- pellate and district judges. Finally. as noted human rights. spected law firms in Oklahoma. In short, I do above. I know Jerome to be a person of un- I am happy to join with my col- not think you could have a candidate more wavering integrity. Therefore, when Jerome league, Senator BARACK OBAMA, in highly qualified and regarded than Jerome states under oath that he will put his per- commemorating Juneteenth Independ- Holmes. sonal views aside and follow the law. I be- lieve he will do just that. ence Day with the submission of S. I hope you will see fit to appoint this re- markably talented young man to this impor- I hope these observations are helpful as Con. Res. 42. This resolution recognizes tant position. I know of the Tenth Circuit, as you consider Jerome’s nomination. which I the end of slavery and reminds us to well, because my cousin, Judge Robert hope you will act upon favorably. I respect- never forget even the worst aspects of Henry, will become the Chief Judge of that fully request that this letter be made part of our Nation’s history. Circuit in 2008. I know he shares my high re- the committee record regarding his nomina- tion. If I can be further assistance or if you f gard for Jerome, as he has told me of Jerome’s excellent professional appearances or your staff have any questions, please do NOMINATION OF JEROME HOLMES before that court. not hesitate to contact me. Mr. INHOFE. Mr. President, I ask I continue, Senator, to appreciate the very Sincerely, DANIEL G. WEBBER. Jr. unanimous consent that four letters important work that you do. Please do not written in support of the nomination of hesitate to contact me if I can be of service, or, of course, if you should come to Okla- OKLAHOMA CITY, OK, Jerome Holmes to the Tenth Circuit be homa. June 21, 2006. printed in the RECORD. Sincerely, Hon. ARLEN SPECTER, There being no objection, the mate- BRAD HENRY, Chairman, Committee on the Judiciary, rial was ordered to be printed in the Governor. U.S. Senate, Washington, DC. RECORD, as follows: Hon. PATRICK J. LEAHY, Ranking Member, Committee on the Judiciary, STATE CAPITOL BUILDING, RYAN, WHALEY & COLDIRON, Oklahoma City, OK, June 21, 2006. U.S. Senate, Washington, DC. Oklahoma City, OK, June 19, 2006. DEAR SENATORS SPECTER AND LEAHY: I am Re recommendation of Jerome A. Holmes, Re nomination of Jerome A. Holmes to the Tenth Circuit. writing in reference to the nomination of the U.S. Court of Appeals for the Tenth Cir- Honorable Mr. Jerome A. Holmes, Esq.’s ju- cuit. Hon. ARLEN SPECTER, dicial appointment. I appreciate the concern Hon. ARLEN SPECTER, Chairman, Committee on the Judiciary, that has been expressed about his nomina- U.S. Senator, U.S. Senate, Washington, DC. tion based upon his writings and positions on Washington, DC. Hon. PATRICK J. LEAHY, affirmative action. In all honesty I stand in DEAR SENATOR SPECTER: As Governor of Ranking Member, Committee on the Judiciary, a position that is contrary to the interpreted the State of Oklahoma, and as a former U.S. Senate, Washington, DC. and most likely actual personal stance of Chair of the State Senate Judiciary Com- DEAR CHAIRMAN SPECTER AND SENATOR Mr. Holmes, yet my relationship with him mittee, I have had a lot of experience in the LEAHY: I am writing in support of the nomi- moved me to write and to express my sup- selection of judges. In our modified Missouri nation of Jerome A. Holmes for the United port for him. system of appointment of judges, the Gov- States Court of Appeals for the Tenth Cir- I have known Mr. Holmes for many years ernor plays a key role when judicial vacan- cuit. and believe that he does have a high regard cies occur. Not only does the Governor ap- I am a lifelong Democrat. For six years I for the views of those who maybe different point members to the Judicial Nominating was fortunate to work on the United States from his own. That in and of itself is enough Commission, but he or she also is forwarded Senate staff of Senator David Boren and the for me to believe that he would ‘‘hear’’ fair- the final three names of judicial applicants Senate Agriculture Committee. During this ly. In addition, Mr. Holmes has displayed a for gubernatorial selection. I take this re- time I met Senator Leahy and personally level of integrity in all his dealings that I sponsibility very seriously, and I have per- witnessed his leadership as a committee have been aware and has shown in our per- sonally intervewed every single candidate chairman. I was the Democratic nominee for sonal conversation willingness to listen and forwarded to me. an Oklahoma congressional race in 1994. I respect differing views. I trust Mr. Holmes I have come to know and respect Mr. Je- later became a federal prosecutor and even- and so in light of our differences I support rome Holmes, a nominee for the Tenth Cir- tually served as the United States Attorney his nomination. cuit vacancy created by the retirement of for the Western District of Oklahoma, first I do realize the responsibility that is upon my friend, Judge Stephanie Seymour. Je- through appointment by Attorney General me as a Pastor, Community Leader and a rome is a highly qualified candidate, a su- Janet Reno and then through nomination by concerned citizen. This is no light matter for perb lawyer with a reputation for fairness, President Clinton. me, indeed it is with much prayer and strug- ethics and integrity. Indeed, I recently ap- I have known Jerome Holmes for over ten gle that I searched out the right words to pointed his former supervisor, Judge Arlene years through our work together in the convey the right tone to reinforce my mes- Johnson, to our court of last resort on crimi- United States Attorney’s Office and now in sage. As a member of the NAACP, Urban nal matters, the Oklahoma Court of Crimi- private practice. I believe his intellect, expe- League and many other organizations that nal Appeals. When Arlene was Chief of the rience and character make him an excellent fight for the rights of minorities, I am moved Criminal Division of the U.S. Attorney’s of- choice for a position on the appellate court. to ask your continued approval of this nomi- fice in the Western District of Oklahoma, Je- I saw these qualities firsthand as Jerome nation. rome was her chief deputy. Their division carried out his many responsibilities as a Sincerely, was considered a model division of the U.S. prosecutor. One of the most important duties GEORGE E. YOUNG. Sr., Attorney’s office. Jerome handled this dif- he performed was that of the office’s legal Pastor, Holy Temple Baptist Church. ficult task with competence and honor, and ethics and professional responsibility coun- he was part of the prosecution team that selor. Jerome acted ably in this capacity OKLAHOMA COUNTY DISTRICT ONE, brought charges against the perpetrators of during a time of heightened scrutiny for fed- Oklahoma City, OK. the Oklahoma City federal building bombing. eral prosecutors following the passage of the Re nomination of Jerome Holmes, 10th Cir- I have also come to know Jerome on a per- Hyde Act and the McDade Amendment. cuit Court of Appeals. sonal basis through the Oklahoma Sympo- Since both of you are former prosecutors, I Hon. ARLEN SPECTER, Chairman, sium, a sort of ‘‘think tank’’ gathering of top trust that you can appreciate the degree of Hon. PATRICK LEAHY, Ranking Member, Oklahomans that meets formally once a confidence in Jerome’s abilities and integ- U.S. Senate, Judiciary Committee, year, and informally in small groups from rity that were required in order to be given Washington, DC. time to time. It is an honor to be invited to such an assignment by me and other United DEAR DISTINGUISHED SENATORS: It is truly join the Symposium, and Jerome was among States Attorneys. an honor to offer this Letter of Rec- the first to be invited for membership. Jerome’s nomination has apparently trig- ommendation for your consideration on be- Jerome is uniquely qualified for this posi- gered concern from groups that have focused half of Jerome Holmes, a nominee for the tion. He served as a law clerk for Federal on his writings on affirmative action. In this 10th Circuit Court of Appeals.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12549 I have known Jerome Holmes for several care, we need improved regulations and ments during his 2-year tour of duty years, both professionally and personally, as policies to serve such families. This have been impressive. They include I am also a member of the Oklahoma Bar As- legislation is part of the DeWine- completion of major storm damage re- sociation. I know him to be a person of In- Rockefeller bill, called the We Care duction projects at Rehoboth Beach, tegrity and Character and I have always ap- Dewey Beach and Fenwick Island, con- preciated Mr. Holmes’ fairness in our deal- Kids Act. Thanks to the leadership of ings. What’s more, I have witnessed Mr. Chairman GRASSLEY, the major provi- siderable progress on a new $70 million Holmes’ efforts in our local community to sions of We Care Kids Act were in- air freight terminal complex at Dover improve the lives of those around us; all peo- cluded in the reconciliation package to Air Force Base, partnership in a prom- ple regardless of where they live, what they invest in court training and data to ising program to restore oyster popu- look like or how much money they have. He help judges have insight and the infor- lations in the Delaware Bay, com- has an altruistic spirit that makes him a mation needed to care for the vulner- mencement of a long-awaited project standout in this world. able children in foster care. But action to reduce flood damages in the town of I serve Oklahoma County as one of three could not be taken to improve inter- Elsmere, development of a trail con- elected County Commissioners, am a proud cept plan to provide recreational op- Democrat and consider Jerome Holmes to be state case planning within the rec- a principled leader who demonstrates mutual onciliation bill. In 2004, similar legisla- portunities along the Chesapeake and respect for all people. In particular, he is re- tion passed the House of Representa- Delaware Canal, and even removal of spectful of views that differ from his own and tives, and now it will finally become an old abandoned shipwreck from the he enjoys tremendous bipartisan support and law.∑ historic Christina River—not to men- respect. tion a host of other successful projects If I can provide any further information or f in New Jersey, New York and Pennsyl- perspective, please do not hesitate to contact ADDITIONAL STATEMENTS vania, or the fact that all this was car- me at your convenience. ried out while many of his Philadelphia Respectfully yours, district employees were deployed to Af- JIM ROTH, IN RECOGNITION OF LIEUTENANT County Commissioner. ghanistan and Iraq or helping out down COLONEL ROBERT J. RUCH south after the Nation’s worst-ever f ∑ Mr. CARPER. Mr. President, today I hurricane season. SAFE AND TIMELY PLACEMENT wish to honor LTC Robert J. Ruch, Dis- Commissioned as a second lieutenant OF CHILDREN ACT trict Commander, Philadelphia Dis- in the Corps of Engineers in 1986, Lieu- ∑ Mr. ROCKEFELLER. Mr. President, I trict, U.S. Army Corps of Engineers on tenant Colonel Ruch began his military am delighted that the Safe and Timely the occasion of his Change of Command career with the 7th Engineer Battalion, Placement of Children Act was passed Ceremony which will take place on Fri- 5th Infantry Division, Mechanized, at during the wrap-up session on Friday, day, July 10, 2006. At that time, Lieu- Fort Polk, LA, as a platoon leader and June 23, 2006. I have worked with Sen- tenant Colonel Ruch will pass com- company executive officer. Follow-on assignments included liaison officer ators DEWINE and DOMENICI on this mand of the Philadelphia District to issue for several years to help foster LTC Gwen E. Baker after providing the and company commander with the 2nd children to be placed with adoptive State of Delaware and the region with Engineer Battalion, 2nd Infantry Divi- parents or family across State lines. 2 years of honorable and meritorious sion at Camp Castle, Republic of Korea, Currently it can take twice or three service in carrying out his duties. and the Live Fire Engineer Trainer for times as long for a child to be placed in As the 53rd Philadelphia District En- the National Training Center at Fort Irwin, CA. He then worked as an oper- a home, if that home happens to be in gineer, LTC Robert J. Ruch has com- ations officer in the Pittsburgh Dis- another State. This is sad, and it needs manded a 500-person engineering orga- trict, U.S. Army Corps of Engineers, to be fixed. nization since 2004 that provides na- before moving on to Fort Riley, KS, as The House bill, identical to our Sen- tional, economic, and environmental S3 of the 1st Engineer Battalion, and ate legislation, will help fix this proc- security in the heart of the Northeast then of the 937th Engineer Group, Com- ess and help these children. It provides Corridor. His responsibilities have in- bat. And just before coming to Phila- a mix of incentives and timeframes for cluded dredging waterways for naviga- delphia, Lieutenant Colonel Ruch States to achieve the safe and timely tion, protecting communities from served with Supreme Headquarters Al- placement of children between States. flooding and coastal storms, respond- lied Powers Europe, Belgium, as the This legislation was part of the WE ing to natural and declared disasters, senior staff officer for NATO Infra- CARE Kids Act, and it should help to regulating construction in the Nation’s structure in Crisis Response Operations deliver on the promises made in the waters and wetlands, remediation of dealing with operations in Afghanistan Adoption and Safe Families Act of 1997 environmental hazards, restoring eco- and in the Balkans. which stated that geographic barriers systems, building facilities for the Lieutenant Colonel Ruch holds a should not delay or deny adoptions. Army and Air Force, and providing en- bachelor of science in geo-environ- When a child leaves foster care and gineering, contracting and project mental science from Shippensburg Uni- goes out of State, half of the time the management services for other govern- versity and a master’s in engineering child is being adopted and gaining a ment agencies upon request. management from St. Martin’s College. permanent home. In about 20 percent of Established in 1866, the U.S. Army He is a graduate of the Engineer Officer the cases, a child is being placed with Corps of Engineers’ Philadelphia Dis- Basic and Advanced Courses and of the a relative. These are good, permanent trict encompasses the 13,000-square- U.S. Army Command and General Staff options for children, and it should not mile Delaware River Basin and the At- College. His military decorations in- take twice as long to achieve such a lantic coast from New Jersey’s clude the Defense Meritorious Service placement. Manasquan Inlet to the Delaware- Medal, the Army Meritorious Service In my view, this complements and Maryland line. Within its boundaries Medal, four oak leaf clusters, the Army builds upon actions by many States to are more than 8 million people in east- Commendation Medal, three oak leaf update the 1960 Interstate Compact for ern Pennsylvania, western and south- clusters, the Army Achievement Medal the Placement of Children. The purpose ern New Jersey, most of Delaware, New and the Army Superior Unit Award. of this legislation is to add specific York’s Catskills region and part of After turning over the command of timeframes and to provide Federal in- northeastern Maryland. It also in- the Philadelphia District to LTC Gwen centives to achieve the goal set in 1997 cludes two State capitals—Trenton, Baker on July 7, 2006, Lieutenant Colo- of reducing and eliminating geographic NJ, and Dover, DE—and the Delaware nel Ruch will move on to Fort Hood, barriers. River ports complex from Philadelphia TX, as division engineer of the Army’s As technology has vastly improved and Camden, NJ, to Wilmington, DE. 1st Cavalry Division. and more families seek to open their Just in the First State alone, Lieu- I rise today to congratulate Lieuten- hearts and homes to children in foster tenant Colonel Ruch’s accomplish- ant Colonel Ruch for a distinguished

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12550 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 career and to offer my special thanks TRIBUTE TO BG JAMES D. HITTLE tively minimized the repercussions from Rib- for his enthusiasm, competence and ef- ∑ bon Creek. One senior Member from the Mr. INOUYE. Mr. President, during House of Representatives was heard to say: fectiveness in serving the State of most of our lives, we encounter an indi- Delaware and the Greater Philadelphia ‘‘Don Hittle is the best damned Legislative vidual who lived a remarkably fine per- Assistant the Marine Corps has ever had.’’ Region. sonal and professional life. Such is the One could go on for hours, perhaps days, We will miss him in the Delaware case of BG James D. Hittle, USMCR, about Don’s myriad contributions to his Valley and on the Delmarva Peninsula. whose anniversary of his death, June country and his Corps. As an example, I We wish him and his family all the best 15, recently passed. General Hittle’s could tell you how he more than any other in the years to come, including, as we death received very little press cov- saved the Army Navy Club from extinction. say in the Navy, ‘‘Fair winds and a fol- Senator John Warner, who is here with us erage at the time, and I would like to lowing sea.’’∑ today, could tell you that when he was Sec- share with my colleagues what this retary of the Navy he never had a more f man achieved in his life time in the imaginative and dedicated Assistant Sec- TRIBUTE TO PALDEN GYATSO words of a former Commandant of the retary. Joe Bartlett, the former House Read- ∑ Mr. DAYTON. Mr. President today, Marine Corps, GEN P.X. Kelley, USMC ing Clerk and a retired Marine Corps general, in honor of the International Day in (Ret.) could tell you how Don Hittle was respon- sible for the creation of the dynamic Con- Support of Victims of Torture, one of I ask that the eulogy given by Gen- eral Kelley be printed in the CONGRES- gressional Marine Club. Incidentally, Jim my Minnesota constituents, Michael Lawrence, who is also with us today, once SIONAL RECORD. Pittman, has asked that I recognize Ti- said of this organization: ‘‘Congress created betan monk Palden Gyatso. The material follows. the Marine Corps—Congress has sustained Palden Gyatso was born in a Tibetan A TRIBUTE TO BGEN JAMES D. HITTLE, USMC the Marine Corps—Congress had mandated village in 1922 and became a Buddhist (RET) the mission of the Marine Corps—through monk by age 10. In 1959, during the Chi- (By Gen Paul X. Kelley, USMC (Ret)) this organization we are now bonded to each nese invasion and occupation of Tibet, BGen James Donald Hittle—devout Chris- other forever.’’ Mr. Gyatso was jailed for protesting tian—great American—Marine officer—gen- In the end, however, all of his many other tleman and gentle man—loving husband— contributions to his country and to his be- along with thousands of religious Ti- loved Corps pale by comparison to what he betans. Mr. Gyatso spent more than 30 caring father—always a friend indeed! Commissioned a Marine second lieutenant accomplished as a member of the renowned years of his life in prisons and labor in 1937, Don Hittle was a ‘‘plank owner’’ ‘‘Chowder Society,’’ that elite group of bril- camps, where he was a victim to reli- when MajGen Holland Smith activated the liant Marine officers who, in the aftermath gious and class oppression. He was tor- 1st Marine Division for World War II—was G– of World War II when the very life of our tured by various methods, which in- 4 for the 3d Marine Division under MajGen Corps was threatened, ensured that our ex- cluded being beaten with a club ridden Graves Erskine on Guam and at Iwo Jima— istence, our roles, and our missions were with nails, shocked by an electric and after the war commanded 2d Battalion, written into law. Don’s critical role in the probe, which scarred his tongue and 7th Marines in the occupation of North survival of his Corps was best described by Gen Merrill Twining when he inscribed his caused his teeth to fall out, whipped China. After serving his Corps for 23 years, Don book ‘‘No Bended Knee.’’ ‘‘To: Don Hittle, while being forced to pull an iron plow, Hittle’s future life could easily qualify him Who saved our Corps.’’ There can be no doubt and starved. as a quintessential ‘‘Renaissance Man.’’ that the Corps we have today, with three ac- Despite these inhumane conditions He was Director of National Security and tive divisions and wings written into law, and cruel tortures, Palden Gyatso was Foreign Affairs for the Veterans of Foreign owes an enormous debt of gratitude to BGen able to survive with remarkable cour- Wars, syndicated columnist for Copley News James D. Hittle, USMC (Ret). age and resilience. During his torture Service, commentator for Mutual Broad- Isn’t it ironic to remember that 55 years sessions, he would practice a technique casting System, Special Counsel for both the ago certain groups, whose objectives were in- he learned while studying at a Bud- Senate and House Armed Services Commit- imical to the survival of our Corps, were at- dhist monastery, the practice of tees, a founder and Director of the DC Na- tempting to relegate us into insignificance. tional Bank, Assistant Secretary of the Navy Today, with a lion’s share of the credit for tonglen, which is a method for con- for Manpower and Reserve Affairs, Senior making it possible going to Don Hittle, we necting with suffering and awakening Vice President for Pan American Airways, have just heard that Jim Jones, our 32d Com- compassion. He would receive the consultant to the President of the Overseas mandant, is soon to be the Supreme Allied anger and hatred of his torturer and Private Investment Corporation, advisor to Commander in Europe. Our congratulations would exchange it with love and com- several Secretaries of the Navy and Com- go to Jim—his Corps is very proud—Don passion. mandants of the Marine Corps—and the list Hittle is very proud! During his imprisonment, Palden goes on and on and on. Several years after my retirement, Don Gyatso drew inspiration from elder Col Don Hittle came into my life during asked me to join him for lunch at his Army prisoners, who told him that if he were the summer of 1956 when MajGen Jim Navy Club. His purpose was to ask if I would ever to escape, he should take action to Riseley dragged me kicking and screaming give his eulogy. I was honored beyond belief, from a cushy tour in what was then the Ter- but did not look forward to the day when it stop the torture. He has done exactly ritory of Hawaii to the labyrinthian cor- would become a reality. that: He has traveled to Europe and ridors of Headquarters Marine Corps. As Before closing, let me share with you a North America over 25 times and has many of those here today will recall, this story that Joe Bartlett told me last week. written a book to tell his story. He has was the long, hot summer of Ribbon Creek, Jinny and Joe are members of a Bible class also testified before the U.N. Commis- and Don Hittle was Legislative Assistant to at their church. As a gesture of their love sion on Human Rights in Geneva and Randolph McCall Pate, our 21st Com- and caring for those who are terminally ill, before the U.S. Congress. mandant. I was a young eager, starry-eyed the class prepares an audio tape for their lis- Palden Gyatso’s testimony helped se- captain, very naive in the arcane world at tening. On one side they include the pa- cure passage of the International Reli- the Seat of Government—but I was soon to tient’s favorite hymns, and, on the other, a learn. My first lesson was negative one—that medley of their favorite tunes. During Don’s gious Freedom Act of 1998, which was a junior officer should never ask the Legisla- last days with us—a time when he was under sponsored by Representative FRANK tive Assistant to the Commandant for a de- heavy sedation—Joe swears that Don’s body WOLF and Senator JOSEPH LIEBERMAN scription of his duties and responsibilities. stiffened to attention every time ‘‘The Ma- and Don Nickles, and was signed into With that said, I did notice that every time rine’s Hymn’’ was played. law by President Clinton. Palden Col Hittle came charging into Gen Riseley’s In closing, let me remind you that Don Gyatso was also awarded the 1998 John office he closed the door behind him. While I lived by two simple words—words which have Humphrey Freedom Award of the readily admit to not being a ‘‘rocket sci- given inspiration to our Corps for over 200 International Centre for Human Rights entist,’’ I did surmise that there were some years—Semper Fidelis—always faithful. ‘‘big time’’ discussions underway. But, as the Don Hittle was always: and Democratic Development. saying goes: ‘‘Nothing succeeds quite like Semper Fidelis to his God. The courage and dedication to free- success.’’ I was soon to learn that by work- Semper Fidelis to his country. dom which Palden Gyatso has dem- ing closely with the Congress, where Mem- Semper Fidelis to his family. onstrated serve as a powerful inspira- bers and their staffs knew him, respected Semper Fidelis to his Corps. tion to everyone.∑ him, and trusted him, Don Hittle had effec- And, Semper Fidelis to his fellow man.

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A communication from the Assist- meaningful words with each other as we which were referred to the appropriate ant General Counsel for Regulations, Office leave this holy place—and let us pray that committees. of Special Education and Rehabilitative one day we can live in a world where all of (The nominations received today are Services, Department of Education, trans- its citizens are Semper Fidelis to each other. mitting, pursuant to law, the report of a rule Don Hittle would like that.∑ printed at the end of the Senate pro- entitled ‘‘Disability and Rehabilitation Re- ceedings.) search Projects and Centers Program—Spi- f f nal Cord Injury Model Systems Centers and CONGRATULATING BISHOP Disability Rehabilitation Research Projects’’ TRANSMITTING LEGISLATION AND WILLIAMS received on June 18, 2006; to the Committee SUPPORTING DOCUMENTS TO IM- on Health, Education, Labor, and Pensions. ∑ Mr. KERRY. Mr. President, I am hon- PLEMENT THE UNITED STATES- EC–7315. A communication from the Assist- ored to have the opportunity today to OMAN FREE TRADE AGREEMENT ant General Counsel for Regulations, Office recognize Bishop Preston Warren Wil- (FTA)—PM 53 of Special Education and Rehabilitative liams II, a man of faith and conviction Services, Department of Education, trans- The PRESIDING OFFICER laid be- and a leader in the African Methodist mitting, pursuant to law, the report of a rule fore the Senate the following message Episcopal Church. I am privileged to entitled ‘‘Disability and Rehabilitation Re- from the President of the United extend my congratulations to Bishop search Projects and Centers Program—Dis- States, together with an accompanying ability Rehabilitation Research Projects; Williams as he assumes the role of report; which was referred to the Com- Funding Priorities’’ received on June 18, president of the Council of Bishops. mittee on Finance: 2006; to the Committee on Health, Education, This role requires an extraordinary Labor, and Pensions. person, one of both strength and dis- To the Congress of the United States: EC–7316. A communication from the Assist- tinction, and the AME Church has I am pleased to transmit legislation ant General Counsel for Regulations, Office found one in Bishop Williams. Bishop and supporting documents to imple- of Special Education and Rehabilitative Williams, along with his wife Mother ment the United States-Oman Free Services, Department of Education, trans- Wilma Delores Webb-Williams as Epis- Trade Agreement (FTA). This FTA en- mitting, pursuant to law, the report of a rule hances our bilateral relationship with entitled ‘‘Disability and Rehabilitation Re- copal Supervisor, have been dedicated search Projects and Centers Program; Fund- public servants and tireless advocates a strategic friend and ally in the Mid- ing Priorities’’ received on June 18, 2006; to for at-risk youth of the 7th district. I dle East region. The FTA will benefit the Committee on Health, Education, Labor, am confident that Bishop Williams’ the people of the United States and and Pensions. leadership will enrich the entire AME Oman, illustrating for other developing EC–7317. A communication from the Assist- community. countries the advantages of open mar- ant General Counsel for Regulations, Office The AME Church has an unwavering kets and increased trade. of Special Education and Rehabilitative commitment to its members and In negotiating this FTA, my Admin- Services, Department of Education, trans- istration was guided by the objectives mitting, pursuant to law, the report of a rule should be commended for its special entitled ‘‘Office of Special Education Pro- mission to strengthen the community set out in the Trade Act of 2002. Con- grams—State Personnel Development Grants by encouraging and supporting chil- gressional approval of this FTA will Program’’ received on June 18, 2006; to the dren. While leading the 7th District, mark another important step towards Committee on Health, Education, Labor, and Bishop Williams built a partnership for creating a Middle East Free Trade Pensions. at-risk youth, helped lobby for a teen Area. Like our FTA with Bahrain that EC–7318. A communication from the Assist- mentoring program, and put in place the Congress approved in December ant Secretary, Policy, Management and services to provide for children in pov- 2005, and our FTA with Morocco that Budget, Department of the Interior, trans- was approved in July 2004, this FTA of- mitting, a report of proposed legislation that erty. amends certain provisions in the Energy Pol- When Bishop Williams served at the fers another important opportunity to icy Act of 2005 and the Geothermal Steam 17th District AME in Central Africa, encourage economic reform in a mod- Act of 1970; to the Committee on Energy and membership grew by over 100,000, even- erate Muslim nation. Oman is leading Natural Resources. tually resulting in the creation of a the pursuit of social and economic re- EC–7319. A communication from the Direc- 20th District. Fittingly, Bishop Wil- forms in the region, including by sell- tor, Fish and Wildlife Service, Department of liams used his power and influence to ing state-owned businesses, encour- the Interior, transmitting, pursuant to law, bring people together and inspire hope aging foreign investment connected to the report of a rule entitled ‘‘Endangered broad-based development, and pro- and Threatened Wildlife and Plants; in that part of the world. Delisting of Agave arizonica (Arizona agave) His dedication to faith and commu- viding better protection for women and From the Federal List of Endangered and nity extends beyond the church into workers. It is strongly in our national Threatened Wildlife and Plants’’ (RIN1018– academia. As chairman of Allen Uni- interest to embrace these reforms and AI79) received on June 18, 2006; to the Com- versity in Columbia, SC, and member do what we can to encourage them. mittee on Energy and Natural Resources. of the board of Wesley Theological GEORGE W. BUSH. EC–7320. A communication from the Under Seminary in Washington, DC, Bishop THE WHITE HOUSE, June 26, 2006. Secretary, Food, Nutrition, and Consumer Services, Department of Agriculture, trans- Williams brings his passion and fear- f mitting, pursuant to law, the report of a rule less leadership to our students. Bishop MEASURES PLACED ON THE entitled ‘‘Food Stamp Program: Employ- Williams is a spiritual leader, an activ- CALENDAR ment and Training Program Provisions of ist, community leader, husband and the Farm Security and Rural Investment mentor. I join with others in lauding The following bill was read the sec- Act of 2002’’ received on June 14, 2006; to the his service, integrity, and vision.∑ ond time, and placed on the calendar: Committee on Agriculture, Nutrition, and H.R. 5638. An act to amend the Internal Forestry. f Revenue Code of 1986 to increase the unified EC–7321. A communication from the Senior MESSAGES FROM THE PRESIDENT credit against the estate tax to an exclusion Program Specialist, Food and Nutrition equivalent of $5,000,000 and to repeal the sun- Service, Department of Agriculture, trans- Messages from the President of the set provision for the estate and generation- mitting, pursuant to law, the report of a rule United States were communicated to skipping taxes, and for other purposes. entitled ‘‘Food Stamp Program: Employ- the Senate by Mr. Williams, one of his f ment and Training Program Provisions of secretaries. the Farm Security and Rural Investment EXECUTIVE AND OTHER Act of 2002’’ (RIN0584–AD32) received on June f COMMUNICATIONS 14, 2006; to the Committee on Agriculture, EXECUTIVE MESSAGES REFERRED Nutrition, and Forestry. The following communications were EC–7322. A communication from the Ad- As in executive session the Presiding laid before the Senate, together with ministrator, Food Safety and Inspection Officer laid before the Senate messages accompanying papers, reports, and doc- Service, Department of Agriculture, trans- from the President of the United uments, and were referred as indicated: mitting, pursuant to law, the report of a rule

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entitled ‘‘Addition of People’s Republic of By Mr. SMITH (for himself and Mr. (Mr. SCHUMER) was added as a cospon- China to the List of Countries to Export BAUCUS): sor of S. 2115, a bill to amend the Pub- Processed Poultry Products to the United S. 3567. A bill to amend the Internal Rev- lic Health Service Act to improve pro- States’’ (RIN0583–AD20) received on June 15, enue Code of 1986 to provide for the treat- visions relating to Parkinson’s disease 2006; to the Committee on Agriculture, Nu- ment of Indian tribal governments as State trition, and Forestry. governments for purposes of issuing tax-ex- research. EC–7323. A communication from the Under empt governmental bonds, and for other pur- S. 2140 Secretary, Food, Nutrition, and Consumer poses; to the Committee on Finance. At the request of Mr. HATCH, the Services, Department of Agriculture, trans- By Mr. BENNETT (for himself and Mr. name of the Senator from Arkansas mitting, pursuant to law, the report of a rule CARPER): (Mr. PRYOR) was added as a cosponsor entitled ‘‘Disregard of Overpayments in the S. 3568. A bill to protect information relat- Child and Adult Care Food Program, Na- ing to consumers, to require notice of secu- of S. 2140, a bill to enhance protection tional School Lunch Program and School rity breaches, and for other purposes; to the of children from sexual exploitation by Breakfast Program’’ (RIN0584–AD68) received Committee on Banking, Housing, and Urban strengthening section 2257 of title 18, on June 15, 2006; to the Committee on Agri- Affairs. United States Code, requiring pro- culture, Nutrition, and Forestry. By Mr. GRASSLEY (for himself and ducers of sexually explicit material to EC–7324. A communication from the Con- Mr. BAUCUS): keep and permit inspection of records gressional Review Coordinator, Animal and S. 3569. A bill to implement the United regarding the age of performers, and Plant Health Inspection Service, Department States-Oman Free Trade Agreement; to the for other purposes. of Agriculture, transmitting, pursuant to Committee on Finance pursuant to section law, the report of a rule entitled ‘‘States Ap- 2103(b)3 of Public Law 107–210. S. 2370 proved to Receive Stallions and Mares from f At the request of Mr. MCCONNELL, CEM-Affected Regions; Indiana’’ (Docket No. the names of the Senator from Indiana APHIS–2006–0020) received on June 18, 2006; to SUBMISSION OF CONCURRENT AND (Mr. LUGAR) and the Senator from Ten- the Committee on Agriculture, Nutrition, SENATE RESOLUTIONS and Forestry. nessee (Mr. ALEXANDER) were added as EC–7325. A communication from the Ad- The following concurrent resolutions cosponsors of S. 2370, a bill to promote ministrator, Agricultural Marketing Serv- and Senate resolutions were read, and the development of democratic institu- ice, Department of Agriculture, transmit- referred (or acted upon), as indicated: tions in areas under the administrative ting, pursuant to law, the report of a rule en- By Mr. COLEMAN (for himself and Mr. control of the Palestinian Authority, titled ‘‘Watermelon Research and Promotion LUGAR): and for other purposes. Plan; Redistricting’’ (FV–05–704–IFR) re- S. Con. Res. 105. A concurrent resolution S. 2393 ceived on June 21, 2006; to the Committee on commending the Government of Canada for Agriculture, Nutrition, and Forestry. its renewed commitment to the Global War At the request of Mr. COLEMAN, the EC–7326. A communication from the Ad- on Terror in Afghanistan; to the Committee names of the Senator from Massachu- ministrator, Agricultural Marketing Serv- on Foreign Relations. setts (Mr. KENNEDY) and the Senator ice, Department of Agriculture, transmit- f from California (Mrs. FEINSTEIN) were ting, pursuant to law, the report of a rule en- added as cosponsors of S. 2393, a bill to titled ‘‘Melons Grown in South Texas; Ter- ADDITIONAL COSPONSORS amend the Public Health Service Act mination of Marketing Order 979’’ (FV06–979– S. 211 1 FR) received on June 21, 2006; to the Com- to advance medical research and treat- mittee on Agriculture, Nutrition, and For- At the request of Mrs. CLINTON, the ments into pediatric cancers, ensure estry. name of the Senator from Utah (Mr. patients and families have access to EC–7327. A communication from the Ad- HATCH) was added as a cosponsor of S. the current treatments and informa- ministrator, Agricultural Marketing Serv- 211, a bill to facilitate nationwide tion regarding pediatric cancers, estab- ice, Department of Agriculture, transmit- availability of 2–1–1 telephone service lish a population-based national child- ting, pursuant to law, the report of a rule en- for information and referral on human hood cancer database, and promote titled ‘‘Vidalia Onions Grown in Georgia; Re- vision of Reporting and Assessment Require- services, volunteer services, and for public awareness of pediatric cancers. ments’’ (FV06–955–1 IFR) received on June 21, other purposes. S. 2491 2006; to the Committee on Agriculture, Nu- S. 604 At the request of Mr. CORNYN, the trition, and Forestry. At the request of Mr. CRAIG, the name of the Senator from Mississippi f name of the Senator from New York (Mr. COCHRAN) was added as a cospon- REPORTS OF COMMITTEES (Mr. SCHUMER) was added as a cospon- sor of S. 2491, a bill to award a Congres- sor of S. 604, a bill to amend title XVIII sional gold medal to Byron Nelson in The following reports of committees of the Social Security Act to authorize recognition of his significant contribu- were submitted: expansion of medicare coverage of med- tions to the game of golf as a player, a By Ms. COLLINS, from the Committee on ical nutrition therapy services. teacher, and a commentator. Homeland Security and Governmental Af- fairs, with an amendment in the nature of a S. 1191 S. 2616 substitute: At the request of Mr. SALAZAR, the At the request of Mr. SANTORUM, the S. 2145. A bill to enhance security and pro- name of the Senator from Arkansas name of the Senator from Virginia (Mr. tect against terrorist attacks at chemical fa- (Mr. PRYOR) was added as a cosponsor ALLEN) was added as a cosponsor of S. cilities. of S. 1191, a bill to establish a grant 2616, a bill to amend the Surface Min- f program to provide innovative trans- ing Control and Reclamation Act of INTRODUCTION OF BILLS AND portation options to veterans in re- 1977 and the Mineral Leasing Act to JOINT RESOLUTIONS mote rural areas. improve surface mining control and The following bills and joint resolu- S. 2025 reclamation, and for other purposes. tions were introduced, read the first At the request of Mr. BAYH, the name S. 2658 and second times by unanimous con- of the Senator from Massachusetts At the request of Mr. BOND, the sent, and referred as indicated: (Mr. KENNEDY) was added as a cospon- names of the Senator from Delaware sor of S. 2025, a bill to promote the na- By Mr. DOMENICI: (Mr. CARPER), the Senator from Utah S. 3565. A bill to designate Sandoval Coun- tional security and stability of the (Mr. BENNETT) and the Senator from ty, Valencia County, and Torrance County, United States economy by reducing the Utah (Mr. HATCH) were added as co- New Mexico as the new Southwest Border dependence of the United States on oil sponsors of S. 2658, a bill to amend title High Intensity Drug Trafficking Area coun- through the use of alternative fuels 10, United States Code, to enhance the ties; to the Committee on the Judiciary. and new technology, and for other pur- national defense through empowerment By Mr. SCHUMER: poses. S. 3566. A bill to ensure adequate funding of the Chief of the National Guard Bu- for high-threat areas, and for other purposes; S. 2115 reau and the enhancement of the func- to the Committee on Homeland Security and At the request of Ms. STABENOW, the tions of the National Guard Bureau, Governmental Affairs. name of the Senator from New York and for other purposes.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12553 S. 3238 protect and preserve access of Medicare STATEMENTS ON INTRODUCED At the request of Mr. CORNYN, the beneficiaries in rural areas to health BILLS AND JOINT RESOLUTIONS name of the Senator from North Caro- care providers under the Medicare pro- By Mr. DOMENICI: lina (Mrs. DOLE) was added as a cospon- gram, and for other purposes. S. 3565. A bill to designate Sandoval sor of S. 3238, a bill to require the Sec- S. 3521 County, Valencia County, and Tor- retary of the Treasury to mint coins in At the request of Mr. GREGG, the rance County, New Mexico as the new commemoration of the 50th anniver- name of the Senator from North Caro- Southwest Border High Intensity Drug sary of the establishment of the Na- lina (Mrs. DOLE) was added as a cospon- Trafficking Area counties; to the Com- tional Aeronautics and Space Adminis- sor of S. 3521, a bill to establish a new mittee on the Judiciary. tration and the Jet Propulsion Labora- budget process to create a comprehen- Mr. DOMENICI. President, I rise tory. sive plan to rein in spending, reduce today to introduce a bill that will sig- S. 3393 the deficit, and regain control of the nificantly help my home State of New At the request of Mr. DEMINT, the Federal budget process. Mexico fight the war on drugs. name of the Senator from Utah (Mr. S. 3543 New Mexico has many serious drug HATCH) was added as a cosponsor of S. At the request of Mrs. FEINSTEIN, the problems. The proximity of my home 3393, a bill to suspend temporarily the name of the Senator from Rhode Island State to Mexico makes it a convenient duty on certain boys’ water resistant (Mr. REED) was added as a cosponsor of corridor for traffickers who smuggle pants. S. 3543, a bill to improve passenger narcotics into the United States. In a S. 3394 automobile fuel economy and safety, June 22 Albuquerque Journal article reduce greenhouse gas emissions, re- entitled ‘‘N.M. Says It’s Making At the request of Mr. DEMINT, the name of the Senator from Utah (Mr. duce dependence on foreign oil, and for Progress Against Meth Labs,’’ State other purposes. Police Sergeant Eric Burnham was HATCH) was added as a cosponsor of S. 3394, a bill to suspend temporarily the S. 3550 quoted as saying, ‘‘We’ve made it much duty on certain men’s water resistant At the request of Mr. GRAHAM, the tougher for them to get their main in- pants. name of the Senator from New York gredients, and we’ve made it difficult (Mrs. CLINTON) was added as a cospon- to sustain large operations here in New S. 3396 sor of S. 3550, a bill to allow members Mexico . . . But methamphetamine use At the request of Mr. DEMINT, the of the Selected Reserve enrolled in the has stayed the same or even risen. name of the Senator from Utah (Mr. TRICARE program to pay premiums Large quantities are coming in from HATCH) was added as a cosponsor of S. with pre-tax dollars. Mexico—they’re being smuggled in and 3396, a bill to suspend temporarily the S. CON. RES. 96 sold for cheap.’’ In additional to our se- duty on certain girls’ water resistant At the request of Mr. BROWNBACK, the rious meth problems in New Mexico, pants. name of the Senator from Kansas (Mr. cocaine seizures are on the rise, Mexi- S. 3397 ROBERTS) was added as a cosponsor of can marijuana is prevalent, and Mexi- At the request of Mr. DEMINT, the S. Con. Res. 96, a concurrent resolution can black tar heroin is available name of the Senator from Utah (Mr. to commemorate, celebrate, and reaf- throughout my home State. HATCH) was added as a cosponsor of S. firm the national motto of the United However, New Mexico also has a sig- 3397, a bill to suspend temporarily the States on the 50th anniversary of its nificant tool in the war on drugs—the duty on certain women’s and girls’ formal adoption. Southwest border high-intensity drug water resistant pants. S. CON. RES. 101 trafficking area, HIDTA. In 1988, Con- S. 3400 At the request of Mr. REID, the name gress established the HIDTA Program. At the request of Mr. DEMINT, the of the Senator from Michigan (Mr. In New Mexico, there are currently 13 name of the Senator from Utah (Mr. LEVIN) was added as a cosponsor of S. counties that participate in the South- HATCH) was added as a cosponsor of S. Con. Res. 101, a concurrent resolution west border HIDTA, with the missions 3400, a bill to suspend temporarily the condemning the repression of the Ira- of reducing drug availability through duty on certain men’s and boys’ water nian Baha’i community and calling for task forces aimed at disrupting or dis- resistant pants. the emancipation of Iranian Baha’is. mantling international and domestic S. 3401 AMENDMENT NO. 4271 drug trafficking organizations and At the request of Mr. DEMINT, the At the request of Mr. BOND, the name helping coordinate drug trafficking in- name of the Senator from Utah (Mr. of the Senator from Ohio (Mr. DEWINE) vestigative efforts among Federal, HATCH) was added as a cosponsor of S. was added as a cosponsor of amend- State, and local law enforcement agen- 3401, a bill to suspend temporarily the ment No. 4271 proposed to S. 2766, an cies. duty on certain women’s water resist- original bill to authorize appropria- Despite these efforts, drug abuse con- ant pants. tions for fiscal year 2007 for military tinues to affect many in my State, par- activities of the Department of De- ticularly in the Albuquerque Metro- S. 3402 fense, for military construction, and politan area. The Southwest border At the request of Mr. DEMINT, the for defense activities of the Depart- HIDTA tells me that in this area, in- name of the Senator from Utah (Mr. ment of Energy, to prescribe personnel vestigative links between narcotic HATCH) was added as a cosponsor of S. strengths for such fiscal year for the trafficking groups are established fre- 3402, a bill to suspend temporarily the Armed Forces, and for other purposes. quently, often between Bernalillo duty on certain girls’ water resistant AMENDMENT NO. 4349 County and surrounding counties that pants. At the request of Mrs. DOLE, the are not part of the Southwest border S. 3403 names of the Senator from Maryland HIDTA and therefore don’t have access At the request of Mr. DEMINT, the (Ms. MIKULSKI) and the Senator from to HIDTA tools and resources. The leg- name of the Senator from Utah (Mr. Idaho (Mr. CRAIG) were added as co- islation I am filing today would rectify HATCH) was added as a cosponsor of S. sponsors of amendment No. 4349 pro- this situation by making the three sur- 3403, a bill to suspend temporarily the posed to S. 2766, an original bill to au- rounding counties, Sandoval, Torrance, duty on certain women’s water resist- thorize appropriations for fiscal year and Valencia, part of the Southwest ant pants. 2007 for military activities of the De- border HIDTA. S. 3500 partment of Defense, for military con- Mr. President, high-intensity drug At the request of Mr. THOMAS, the struction, and for defense activities of trafficking areas have done a great name of the Senator from New Mexico the Department of Energy, to prescribe deal in the war on drugs in the past 18 (Mr. BINGAMAN) was added as a cospon- personnel strengths for such fiscal year years. With the bill I am introducing sor of S. 3500, a bill to amend title for the Armed Forces, and for other today, HIDTA will be able to do even XVIII of the Social Security Act to purposes. more.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12554 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 I ask unanimous consent that the these sources and criminals use his or banking agencies under the Gramm- text of the bill be printed in the her legitimate name and credit history Leach-Bliley Act provide an appro- RECORD. to create fraudulent accounts, or fraud- priate model for Federal data security There being no objection, the text of ulently access an existing account, by and security breach notification re- the bill was ordered to be printed in the time it is discovered, it is often too quirements and is, therefore, the model the RECORD, as follows: late to prevent that consumer from the for the Data Security Act of 2006. S. 3565 need to invest significant time and ef- The Data Security Act of 2006 will Be it enacted by the Senate and House of Rep- fort to clear his or her name. These provide a uniform national standard resentatives of the United States of America in crimes also impose significant costs on for data security and breach notifica- Congress assembled, financial institutions which are often tion. Sensitive personal and account SECTION 1. DESIGNATION OF HIGH INTENSITY liable for the loss of funds from the information must be protected, and in DRUG TRAFFICKING AREA. fraud. These costs are then passed on the event where that protection is The Southwest Border High Intensity Drug to all consumers through higher prices. breached and there is a risk to the indi- Trafficking Area for the State of New Mexico We need to do more to prevent this vidual of identity theft or account under the High Intensity Drug Trafficking Areas Program of the Office of National type of fraud from happening in the fraud, that individual must be notified Drug Control Policy shall include Sandoval first instance. so that he or she can take the appro- County, Valencia County, and Torrance Currently, we are only partially pro- priate steps to protect him or her self. County, New Mexico. tecting consumers from account fraud I encourage my colleagues to c1ose}y and identity theft. Criminals have review this legislation and I hope we By Mr. BENNETT (for himself shown they know how to exploit any can act quickly here in the Senate to and Mr. CARPER): weakness in information databases and pass the Data Security Act of 2006. I S. 3568. A bill to protect information networks, so we must do more to pro- thank my friend from Delaware, Sen- relating to consumers, to require no- tect this information regardless of ator CARPER, for joining with me today tice of security breaches, and for other where it is located. Most of the recent to introduce this legislation. purposes; to the Committee on Bank- data security breaches have occurred f ing, Housing, and Urban Affairs. outside of financial institutions. Mr. BENNETT. Mr. President, I rise The Gramm-Leach-Bliley Act re- SUBMITTED RESOLUTIONS today with my friend and colleague on quires financial institutions to protect the Banking Committee, the Senator the security and confidentiality of cus- SENATE CONCURRENT RESOLU- from Delaware, Mr. CARPER, to intro- tomer information. The Federal bank- TION 105—COMMENDING THE duce legislation that I believe is of ing agencies have issued guidance GOVERNMENT OF CANADA FOR great importance to our economy and under the Gramm-Leach-Bliley Act re- ITS RENEWED COMMITMENT TO to American consumers. This legisla- quiring banks to investigate and pro- THE GLOBAL WAR ON TERROR tion, The Data Security Act of 2006, vide notices to customers of breaches IN AFGHANISTAN will help protect individuals and busi- of data security involving customer in- nesses from the crimes of identity theft formation that could lead to account Mr. COLEMAN (for himself and Mr. and account fraud, which are increas- fraud or identity theft. Even with GLB LUGAR) submitted the following con- ing at an alarming rate. These crimes and the associated regulations and current resolution; which was referred impose higher costs on every consumer guidance that have been implemented, to the Committee on Foreign Rela- and business and can be financially de- many databases and information net- tions: bilitating to individuals whose per- works continue to be vulnerable be- S. CON. RES. 105 sonal information is stolen. cause Federal law generally does not Whereas twenty-four Canadian citizens We are now living in the Information require entities that are not financial were killed as a result of the September 11, Age. Information drives our economy, institutions to protect the security and 2001, terrorist attacks on the United States; from the design and production phase confidentiality of sensitive informa- Whereas the people of Gander, Newfound- of new products or services to payment land, provided food, clothing, and shelter to tion relating to consumers, or to inves- thousands of stranded passengers and tem- and delivery. Information technology tigate and provide notices to con- porary aircraft parking to thirty-nine planes and electronic networks have brought sumers of breaches that may lead to diverted from United States airspace as a re- conveniences and efficiencies to both account fraud or identity theft. sult of the September 11, 2001, terrorist at- producers and consumers in our econ- I recognize that many States have tacks on the United States; omy. Producers can better focus their enacted security breach notification Whereas the Government of Canada, as led products and services to potential cus- statutes in an effort to protect their by former Prime Ministers Jean Jacques tomers, and consumers get the prod- citizens and I commend them for their Chre´tien and Paul Martin and continued by ucts they want with multiple payment efforts, but these statutes impose dif- Prime Minister Stephen Harper, has provided humanitarian, diplomatic, and security per- options. Technology and, specifically, ferent and sometimes conflicting re- sonnel on the invitation of the Government information technology makes this quirements, thereby providing con- of Afghanistan since 2001; process ever more convenient and effi- sumers with uneven protection and Whereas Canada has pledged $650,000,000 in cient. subjecting businesses to multiple and development aid to Afghanistan; All of the conveniences and effi- confusing standards. Whereas Afghanistan is Canada’s largest ciencies of the information age which Our credit granting system and fi- recipient of bilateral development aid; benefit our evolving economy and its nancial payments system is a national Whereas Canada has stationed approxi- consumers have also brought new chal- one and not a state based system. Con- mately 2,300 defense personnel who comprise lenges. Criminals have also entered the Task Force Afghanistan, in order to improve sumers generally benefit greatly be- security in southern Afghanistan, particu- information age and are now targeting cause of our national system. Because larly in the province of Kandahar; and using information technology to of that fact, I believe we need a na- Whereas Canada has over 70 diplomatic of- steal from many of us. tional uniform system governing data ficers worldwide who are dedicated to grow- Information databases and electronic security and security breach notifica- ing democracy and equality in Afghanistan; information networks that contain tion for financial institutions and Whereas at least seventeen Canadians have sensitive personal information and sen- other entities that maintain or com- given the ultimate sacrifice in the Global sitive financial account information municate financial account informa- War on Terror; are increasingly targets of sophisti- Whereas Canada’s commitment to the Gov- tion or personally identifiable informa- ernment of Afghanistan, under the leader- cated hackers, organized crime rings, tion that could be used by identity ship of Prime Minister Hamid Karzai, was identity thieves, and other criminals. thieves. due to expire in February 2007; When an individual has his identity or The standards established as a result Whereas on May 17, 2006, the Canadian account information stolen from one of of the guidance issued by the Federal Government led by Prime Minister Stephen

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 12555 Harper requested that the Canadian House of MEASURE PLACED ON THE PROGRAM Commons extend Canada’s commitment in CALENDAR—H.R. 5638 the Global War on Terror; Mr. MCCONNELL. Mr. President, Whereas on May 17, 2006, the Canadian Par- Mr. MCCONNELL. Mr. President, I today the Senate began the debate on liament voted to extend peace and security understand there is a bill at the desk the flag resolution. Tomorrow we will operations in Afghanistan until 2009, to in- due for its second reading. be rotating half-hour blocks of time, crease its development assistance by $310 The PRESIDING OFFICER. The starting at 11 with the majority side million, and to build a permanent and secure clerk will report. for 30 minutes and the minority side embassy in Afghanistan to replace its cur- The assistant legislative clerk read for 30 minutes, rotating back and forth rent facility; and as follows: in this fashion until 5 p.m. There will Whereas this was the latest sign of the re- newed commitment of numerous United A bill (H.R. 5638) to amend the Internal be no votes until after the policy States allies in the Global War on Terror: Revenue Code of 1986 to increase the unified luncheons tomorrow. credit against the estate tax to an exclusion Now, therefore, be it f equivalent of $5,000,000 and to repeal the sun- Resolved by the Senate (the House of Rep- set provision for the estate and generation- resentatives concurring), That Congress— ORDER FOR ADJOURNMENT skipping taxes, and for other purposes. (1) commends the Government of Canada Mr. MCCONNELL. If there is no fur- for its renewed and long-term commitment Mr. MCCONNELL. In order to place ther business to come before the Sen- to the Global War on Terror; the bill on the calendar under the pro- ate, I ask that it stand in adjournment (2) commends the leadership of former Ca- visions of rule XIV, I would object to under the previous order following the nadian Prime Ministers Jean Jacques further proceeding. Chre´tien and Paul Martin and current Prime remarks of the senior Senator from The PRESIDING OFFICER. The ob- Connecticut for up to 20 minutes. Minister Stephen Harper for their steadfast jection is heard. commitment to democracy, human rights, The PRESIDING OFFICER. Without and freedom throughout the world; The bill will be placed on the cal- objection, it is so ordered. (3) commends the Government of Canada endar. The Senator from Connecticut. for working to secure a democratic and equal Afghanistan; f f (4) commends the Government of Canada’s ORDER OF BUSINESS CONSTITUTIONAL AMENDMENT TO commitment to reducing poverty, aiding the BAN FLAG DESECRATION counternarcotics efforts through counterter- Mr. MCCONNELL. At the end of my rorism and counterinsurgency campaigns, closing remarks, Senator DODD should Mr. DODD. Mr. President, I rise to and ensuring a peaceful and terror-free Af- be recognized for up to 20 minutes. speak about the pending matter before ghanistan; After his remarks, the Senate will be us, S.J. Res. 12 which would amend the (5) commends the Government of Canada in adjournment for the evening. Constitution of the United States. for its three-pronged commitment to Af- There are only seventeen words in the ghanistan: diplomacy, development, and de- f fense; and amendment: The Congress shall have power to prohibit the physical desecra- (6) expresses the gratitude and apprecia- ORDERS FOR TUESDAY, JUNE 27, tion of the United States for Canada’s endur- tion of the flag of the United States. ing friendship and leadership in the Global 2006 These seventeen words have great sig- War on Terror in Afghanistan. Mr. MCCONNELL. Mr. President, I nificance. ask unanimous consent that when the I hold dear the great genius of our f Senate completes its business today, it wonderful Constitution. I have carried stand in adjournment until 9:45 a.m to- this tattered copy with me every day HONORING AND PRAISING THE NA- morrow, June 27. I further ask that fol- for as long as I have been a Member of TIONAL SOCIETY OF THE SONS lowing the prayer and pledge, the this body. It was given to me by my OF THE AMERICAN REVOLUTION morning hour be deemed expired, the seatmate here, the senior Senator Journal of proceedings be approved to BRYD from West Virginia. I treasure Mr. MCCONNELL. Mr. President, I date, the time for the two leaders be this copy of that document for many ask unanimous consent that the Sen- reserved, and the Senate proceed to a reasons, not the least of which is be- ate proceed to immediate consider- period of morning business until 11 cause it was given to me by Senator ation of H. Con. Res. 367, which was re- a.m., with the first 15 minutes under BYRD, but also because I find myself re- ceived from the House. the control of the majority leader or ferring to it almost on a daily basis. The PRESIDING OFFICER. The his designee, the next 15 minutes under This copy includes not only the Con- clerk will report the resolution by the control of the Democratic leader or stitution and the Bill of Rights, but title. his designee, and the remaining time also the Declaration of Independence. The assistant legislative clerk read until 11 a.m. be equally divided; fur- It is a part of my daily wardrobe, be it as follows: ther, that the Senate then resume con- weekends or during the week here. It is A concurrent resolution (H. Con. Res. 367) sideration of S.J. Res. 12, the flag a reminder of how fortunate we are to honoring and praising the National Society antidesecration resolution. I further live in a country that has, as its found- of the Sons of the American Revolution on ask that the Senate stand in recess ing document, a set of words, language, the 100th anniversary of being granted its from 12:30 until 2:15 to accommodate that not only speaks to the hopes and congressional charter. the weekly policy luncheons. dreams of all Americans, but even be- There being no objection, the Senate The PRESIDING OFFICER. Without yond the borders of this country, be- proceeded to consider the concurrent objection, it is so ordered. cause the Founders, the Framers of the resolution. Mr. MCCONNELL. I ask unanimous Constitution, spoke of eternal truths in consent that once the Senate resumes this document. Mr. MCCONNELL. I ask unanimous consideration of the flag resolution at While the language applies to only consent that the resolution be agreed 11 a.m., the time be divided as follows: those who live in this country, their to, the preamble be agreed to, the mo- 11 to 11:30, the majority side; 11:30 to words have, of course, inspired millions tion to reconsider be laid upon the 12, the minority side; 12 to 12:30, the of other people all across the globe. It table, and any statements be printed in majority side; 2:15 to 2:30, equally di- is not uncommon to read the constitu- the RECORD. vided; 2:30 to 3, the minority side; and tions of developing countries and find The PRESIDING OFFICER. Without alternating each half hour until 5 p.m. literally verbatim the language in our objection, it is so ordered. I further ask that consideration be for own U.S. Constitution. This is a great The concurrent resolution (H. Con. debate only until 2:15. tribute to not only the Framers but to Res. 367) was agreed to. The PRESIDING OFFICER. Without those who came after them. Those that The preamble was agreed to. objection, it is so ordered. have upheld, supported, and defended—

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12556 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 9 June 26, 2006 as millions of Americans have, some torily to deal with this issue. But my flag, as a symbol of our freedom, the with the ultimate sacrifice—their hope is my colleagues, regardless of po- Constitution, and our democracy, is de- lives, to protect and defend this coun- litical persuasion, would think long plorable and should not be tolerated. It try and the principles and ideals on and hard about what we are about to do goes without saying that every Mem- which it was founded. The Constitution here; and that is, to change the Con- ber of Congress and the overwhelming has sustained itself now for the more stitution. majority of Americans consider flag than 200 years. Giving us the power to A proposal similar to this one was of- burning to be offensive and abhorrent. be free and independent people. fered in 1989, again in 1990, in 1995, and That is to state the obvious. The ques- So this great genius of our Constitu- in the year 2000. In every single case, tion is not whether we deplore the tion enshrines in it the words of the the proposals have been rejected. I do desecration of the American flag but eternal aspirations of humanity. I be- not question any of my colleagues over whether we are in some way going to lieve that Alexander Hamilton laid out their dismay and horror in watching desecrate the Constitution and the Bill a framework for constitutional amend- our flag be desecrated. Yet, in every of Rights. To truly honor our Nation ments and how we ought to think of single instance, we have found it appro- and the people who have given their this remarkable document that serves priate to reject an amendment to the lives for it, we must not only protect as the basis of all that we believe and Constitution. I would hope that would our flag but the principles of freedom hold dear when he said: be the case again today. and justice that it stands for. The sacred rights of mankind are not to be Mr. President, I fly the American I have often said when students ask rummaged for, among old parchments, or flag every day at my home in Con- me about the Constitution and the Bill musty records. They are written, as with a necticut when I am there. I take great of Rights and what it means, the first sunbeam in the whole volume of human na- pride in doing so. In fact, my neighbors amendment of the Bill of Rights, which ture, by the hand of the divinity itself; and can always tell when I am home. I live incorporates freedom of speech, really can never be erased or obscured by mortal in a house, an old schoolhouse built in tests whether each and every one of us power. 1853. It was the successor schoolhouse is willing to defend someone who would It is a rather beautiful quotation to where Nathan Hale taught in Con- say something or do something we that I think captures what many of us necticut. The Nathan Hale Schoolhouse might find abhorrent. It is not whether believe to be the case when we talk is about 150 yards from where I live in we are willing to stand up and defend about our Constitution, talking about Connecticut. When that one-room someone who says something we agree the hand of divinity itself helping schoolhouse became too small in the with but, rather, whether we under- scribe these words, that it is ‘‘not to be 1850s, they built a two-room school- stand the principles our Founders and rummaged for, among old parchments, house that served the neighborhood Framers intended when they wrote the or musty records’’ but rather ‘‘written, where I live in East Haddam, CT, for Constitution and the Bill of Rights, as with a sunbeam in the whole volume almost 100 years until the 1940s. I that we are willing to protect and de- of human nature.’’ bought that schoolhouse about 25 years fend the right of someone to say some- So it is important, when we consider ago, and it has been my family’s home thing that we totally disagree with and this document and particularly the Bill for a quarter of a century. that we find offensive and abhorrent. of Rights, which speak to our personal My neighbors always know when I That is the true test, not whether we freedoms, that we consider all and any am home because I fly the American are willing to stand up and applaud proposal to challenge the words in- flag from that old schoolhouse. I take what someone says but whether our in- cluded in those 10 amendments. great pride in doing so. I don’t just do stincts are to deplore what they say There have been over 11,000 attempts it on Memorial Day or the Fourth of but defend their right to say it. That is in the last 200 years to amend our Con- July or other national holidays, but really what the first amendment is all stitution. Throughout the years, there every single day I am home. As a way about when freedom of speech is being have been only a handful of those pro- of expressing my affection for what invoked. posals that have actually been adopted, that flag means, what it stands for, and Our Founding Fathers cautioned us usually when there was a described what it has meant to generation after to avoid situations like the one we are constitutional crisis before us. We did generation of people in our great coun- in today. James Madison advised that so to extend the right to vote to try. amendments to the Constitution women and we did so to abolish slav- I will not take a back seat to anyone should be limited to ‘‘great and ex- ery. in my reverence for the flag, how im- traordinary occasions.’’ Regrettably, These are just two examples through- portant it is and what it means. But I some have not heeded Madison’s cau- out our history when we have found it also believe it is important to be a pa- tionary words. Since 1789 when the appropriate and proper to amend the triot, a true patriot, where we not only Congress first convened, there have Constitution, but always when we felt defend our flag but we also defend the been over 11,000 proposals to amend the there was an underlying principle deal- Constitution and the Bill of Rights. Constitution of the United States. Over ing with basic fundamental rights. That is really what is at risk here sixty have been offered in this Congress Now, we all know that the horrible today, when we talk about this resolu- alone. But the majority of our Nation’s act of flag burning does occur. We have tion. It is not so much the flag that is leaders have taken the words of Madi- all seen the visions on television de- at risk but our Bill of Rights, if we at- son to heart, and they have not allowed scribing some group in some country or tack this document because the pas- this document to be altered. Since the another that decides it is going to burn sions of some get aroused over the acts ratification of the Bill of Rights, only the American flag. We all know how we of those who would desecrate our flag. 17 amendments have been successful. feel when we see that. But, of course, That really is the issue before us. Moreover, despite all of the trials that all my colleagues know—and I am sure Let us have a statutory law but let this country has been through, no Con- the overwhelming majority of Amer- us not attack this wonderful Bill of gress has ever felt so compelled to doc- ican citizens know—we can not change Rights of ours. The proposed amend- tor the Bill of Rights. It is remarkable their behavior by altering the Con- ment is made up of 17 words, 17 words when you consider the trials and tribu- stitution. As annoying as it is, as trou- that would dramatically alter the im- lations we have been through. bling as it is, and how I know we all portance of the Bill of Rights and di- The act of burning our flag is unac- react to it, we can not affect those par- minish the freedoms provided by that ceptable and condemnable. But the re- ticular acts of desecration. document. I don’t doubt the patriotism ality is that it is exceedingly rare as Today we are talking about these of any Member of this Chamber. I well. I did my best to find the reported acts that occur in this country. Let me strongly believe we all love our coun- incidences of flag burning throughout quickly say I think it is worthy to try try. We love our Constitution. We love our history. I went back and examined to come up with some language statu- our flag. In my view, desecration of the as many possible cases as I could. We

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Less than two and justice—long after the conclusion Those benefits and those opportunities hundred cases in more than 200 years. of this debate on the floor of the Sen- flow very directly from the Constitu- Yet I would suspect that if we end up ate. tion of the United States and, most adopting this constitutional amend- Our former colleague, Senator John particularly, from the Bill of Rights. I ment and amend the Bill of Rights, Glenn of Ohio, who served this Nation hope that we will be careful about this. there will be those, as the Senator as a combat pilot in Korea, an astro- We are not owners of this document, from Illinois pointed out, who will con- naut, and as a colleague of ours in this the Constitution; we are merely stew- sistently try to press against the enve- body, put it very well: ards of this document. We are charged lope of the language of these 17 words There is one way to weaken the fabric of with the responsibility during our ten- to prohibit desecration of the flag. your country, and it is not through a few ure, on our watch, however long or With all the other issues we need to misguided souls burning our flag. It is by re- brief it is, to see to it that these prin- grapple with, such as health care, edu- treating from the principles that the flag ciples will be passed on to coming gen- cation, the quality of life of our mili- stands for. And that will do more damage to the fabric of our Nation than 1,000 torched erations. To start fooling with them tary men and women, and whether we unnecessarily, I think, puts this docu- ought to be doing more to increase the flags could ever do. I believe history and future genera- ment and what it stands for at risk. opportunities of people in this country. I hope our colleagues, when the vote tions will judge us harshly, as they With all of the legitimate debates that occurs on this, will find it in their should, if we permitted those who ought to occur, it is shocking that we hearts and good conscience to leave the would defile our flag to also defile our are taking several days of the Senate’s Bill of Rights alone. This is not a time future and to defile the Bill of Rights. time to debate an amendment to the that it needs to be amended. Let us leave the Constitution unsullied Constitution where there is hardly any I yield the floor. incidence or examples of a problem by proposals such as this which would today. As I said, there have been less needlessly restrict our liberties as a f than 200 cases of flag desecration in people. ADJOURNMENT UNTIL 9:45 A.M. more than 200 years. Clearly, there is I will repeat again: The great genius TOMORROW of our Constitution is that it enshrines no extraordinary occasion, in my view, The PRESIDING OFFICER. Under in word the eternal aspirations of hu- such that Madison spoke of warranting the previous order, the Senate now manity. We may try to amend it, but if ratification of this amendment. We stands adjourned until 9:45 a.m., on we do so in a manner at odds with might feel disgusted by the act of flag June 27, 2006. those aspirations, then we act at our burning, but we are clearly not faced, There being no objection, the Senate, peril and in folly. by any estimate, with a constitutional at 6:57 p.m., adjourned until Tuesday, I repeat Alexander Hamilton’s quote: crisis. June 27, 2006, at 9:45 a.m. Proponents of this amendment say The sacred rights of mankind are not to be that tolerating even one burned flag is rummaged for, among old parchments, or f equivalent to acquiescence of such an musty records. They are written, as with a NOMINATIONS act. I totally disagree. Our Nation is sunbeam in the whole volume of human na- ture, by the hand of the divinity itself; and Executive nominations received by strong enough to tolerate a few errant can never be erased or obscured by mortal the Senate June 26, 2006: acts, and this strength is the source of power. DEPARTMENT OF DEFENSE our democracy’s greatness. It is the In our quest to protect the flag, we ability and willingness to tolerate acts ROBERT L. WILKIE, OF NORTH CAROLINA, TO BE AN AS- must be careful not to undermine the SISTANT SECRETARY OF DEFENSE, VICE DANIEL R. STANLEY. like that on occasion that makes us a principles that it stands for. Attacking stronger and better people. Supporters EXPORT-IMPORT BANK OF THE UNITED STATES the Bill of Rights, a document that has of this amendment may believe this never been changed—not one comma, LINDA MYSLIWY CONLIN, OF NEW JERSEY, TO BE FIRST vote is a test of one’s patriotism or VICE PRESIDENT OF THE EXPORT-IMPORT BANK OF THE not one semicolon, not one word, since UNITED STATES FOR A TERM EXPIRING JANUARY 20, 2009, love of country. On the contrary, the its ratification in 1791—undermines VICE APRIL H. FOLEY, TERM EXPIRED. true measure of our faithfulness to the J. JOSEPH GRANDMAISON, OF NEW HAMPSHIRE, TO BE those principles. This is a time to bring A MEMBER OF THE BOARD OF DIRECTORS OF THE EX- flag is our fidelity to the principles of our Nation together to focus on the im- PORT-IMPORT BANK OF THE UNITED STATES FOR A freedom and justice that it represents. TERM EXPIRING JANUARY 20, 2009. (REAPPOINTMENT) portant challenges we face today. We That is the ultimate test of one’s patri- CORPORATION FOR PUBLIC BROADCASTING must face them as a nation, not as in- otism. DAVID H. PRYOR, OF ARKANSAS, TO BE A MEMBER OF I would associate myself with the dividuals, if we are going to prevail. THE BOARD OF DIRECTORS OF THE CORPORATION FOR comments of a former colleague of At best, this amendment is another PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- political stunt, I am afraid, aimed at ARY 31, 2008, VICE CHRISTY CARPENTER, TERM EXPIRED. ours, Bob Kerrey, Senator from Ne- WARREN BELL, OF CALIFORNIA, TO BE A MEMBER OF braska, who today is president of a fine dividing our Nation, inflaming the pas- THE BOARD OF DIRECTORS OF THE CORPORATION FOR sions of our constituencies, make one PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- university in New York. He is also a ARY 31, 2012, VICE KENNETH Y. TOMLINSON, RESIGNED. Medal of Honor winner for services as a party angry at another, one group of CHRIS BOSKIN, OF CALIFORNIA, TO BE A MEMBER OF citizens angry at another. What worth- THE BOARD OF DIRECTORS OF THE CORPORATION FOR Navy SEAL in Vietnam. I recall when PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- while result has ever emerged from ARY 31, 2012, VICE KATHERINE MILNER ANDERSON, RE- this amendment was before us on sev- SIGNED. eral previous occasions, he would stand that kind of anger? What good has ever flowed from the passions provoked by CHEMICAL SAFETY AND HAZARD INVESTIGATION up and talk about what it meant for BOARD him to lose a limb in the uniform of appealing to the worst instincts in peo- ple? I have never seen a single benefit WILLIAM B. WARK, OF MAINE, TO BE A MEMBER OF THE our country defending our Nation, CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD talking about how important it was to that has occurred as a result of that ef- FOR A TERM OF FIVE YEARS, VICE RIXIO ENRIQUE ME- fort. DINA, RESIGNED. defend the Constitution. He articulated WILLIAM E. WRIGHT, OF FLORIDA, TO BE A MEMBER OF his opposition to this particular pro- Once again, we find ourselves inflam- THE CHEMICAL SAFETY AND HAZARD INVESTIGATION posal in a recent Washington Post edi- ing passions over an issue that is non- BOARD FOR A TERM OF FIVE YEARS, VICE GERALD V. existent, the ‘‘constitutional crisis’’ of POJE, TERM EXPIRED. torial in relation to September 11th HARRY S TRUMAN SCHOLARSHIP FOUNDATION with the following statement: flag-burning. It is just not there. This would be a profound deviation from our ROGER L. HUNT, OF NEVADA, TO BE A MEMBER OF THE Real patriotism cannot be coerced. Our BOARD OF TRUSTEES OF THE HARRY S TRUMAN SCHOL- freedom to speak was attacked—not our flag. past and chip away at our freedoms and ARSHIP FOUNDATION FOR A TERM EXPIRING DECEMBER liberties that we are working so hard 10, 2009, VICE SCOTT O. WRIGHT, TERM EXPIRED. The former, not the latter, needs the protec- JOHN E. KIDDE, OF CALIFORNIA, TO BE A MEMBER OF tion of our Constitution and our laws. to protect. THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN

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SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- IN THE ARMY MILITARY ACADEMY IN THE GRADE INDICATED UNDER CEMBER 10, 2011, VICE FREDERICK G. SLABACH, TERM EX- TITLE 10, U.S.C., SECTION 4333(B): PIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN PEYTON, OF FLORIDA, TO BE A MEMBER OF THE TO THE GRADE INDICATED IN THE RESERVE OF THE To be colonel BOARD OF TRUSTEES OF THE HARRY S TRUMAN SCHOL- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: RICKIE A. MCPEAKE, 0000 ARSHIP FOUNDATION FOR A TERM EXPIRING DECEMBER MATTHEW MOTEN, 0000 10, 2011, VICE PATRICK LLOYD MCCRORY, TERM EXPIRED. To be colonel EUGENE J. PALKA, 0000 BARRY L. WILLIAMS, 0000 DEPARTMENT OF VETERANS AFFAIRS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY THOMAS E. HARVEY, OF NEW YORK, TO BE AN ASSIST- TO THE GRADE INDICATED IN THE RESERVE OF THE NURSE CORPS AND FOR REGULAR APPOINTMENT UNDER ANT SECRETARY OF VETERANS AFFAIRS (CONGRES- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SIONAL AFFAIRS), VICE PAMELA M. IOVINO, RESIGNED. TITLE 10, U.S.C., SECTIONS 624, 531 AND 3064: To be colonel IN THE ARMY To be major GERALD P. COLEMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID E. ROOT, 0000 PAUL A. CARTER, 0000 IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE NAVY TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICERS FOR TEMPORARY To be major general ARMY UNDER TITLE 10, U.S.C., SECTION 12203: APPOINTMENT TO THE GRADE INDICATED IN THE BRIG. GEN. CHARLES H. DAVIDSON IV, 0000 To be colonel UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 5721: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT T. DAVIES, 0000 IN THE RESERVE OF THE ARMY TO THE GRADE INDI- JAMES A. LANG, 0000 To be lieutenant commander CATED UNDER TITLE 10, U.S.C., SECTION 12203: CURTIS E. WELLS, 0000 CAL ABEL, 0000 To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL S. ANDERSON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL W. BICKFORD, 0000 COL. JULIA A. KRAUS, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TIM BUCKLEY, 0000 IN THE MARINE CORPS PAUL A. CHANDLER, 0000 To be colonel MICHAEL CONCANNON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHELLE A. COOPER, 0000 MATTHEW DIGERONIMO, 0000 TO THE GRADE OF LIEUTENANT GENERAL IN THE CARLOS J. CRUZ, 0000 JEREMY A. FOGT, 0000 UNITED STATES MARINE CORPS WHILE ASSIGNED TO A DIANA M. DISTEFANO, 0000 DAVID FORMAN, 0000 POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER MICHAEL J. EDMISON, 0000 ROBERT C. FRANCIS, 0000 TITLE 10, U.S.C., SECTION 601: TONY Y.L. ENG, 0000 CHRISTOPHER GEORGE, 0000 To be lieutenant general THOMAS M. GOTSIS, 0000 GEOFFREY A. GORMAN, 0000 JACK W. HOAG, 0000 CORY M. GROOM, 0000 LT. GEN. JAMES F. AMOS, 0000 HERBERT C. JONES, JR., 0000 ELAINE G. LURIA, 0000 SUSAN M. MAHONEY, 0000 DANIEL A. PATRICK, 0000 IN THE NAVY CURTIS E. MEEKS, JR., 0000 MARK A. QUINN, 0000 BRADLEY K. MITCHELL, 0000 JOHN M. RHODES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC J. ROZEK, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED GERALDINE L. MOORE, 0000 ROBERT L. MORROW, 0000 CARL F. SCHOLLE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ROBERT W. SPEIGHT, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KATHERINE T. PLATONI, 0000 DAVID W. TOWLE, 0000 ROGER W. TAYLOR, 0000 To be vice admiral NICK VIERA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAKE WADSLEY, 0000 VICE ADM. ALBERT M. CALLAND III, 0000 AS PERMANENT PROFESSORS AT THE UNITED STATES THOMAS J. ZERR, 0000

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The House met at 12:30 p.m. and was Constitution will continue at an accel- but there needs to be a distinction be- called to order by the Speaker pro tem- erating pace.’’ tween appropriate and inappropriate pore (Mr. BOUSTANY). Later, in the 2005 Roper v. Simmons consultation, aside from justices’ per- f case, the United States Supreme Court sonal opinions. found juvenile execution to be uncon- In an address to the American Enter- DESIGNATION OF SPEAKER PRO stitutional. In deliberations, Justice prise Institute earlier this year, Jus- TEMPORE Sandra Day O’Connor claimed that the tice Scalia said, ‘‘If there was any The SPEAKER pro tempore laid be- United States is the only country in thought absolutely foreign to the fore the House the following commu- the world that continues to give the ju- Founders of our Country, it was the no- nication from the Speaker: venile death penalty official sanction. tion that we Americans should be gov- WASHINGTON, DC, She allowed international law to over- erned the way Europeans are.’’ In the June 26, 2006. ride her own decisionmaking abilities. Federalist Papers Number 46, to take I hereby appoint the Honorable CHARLES In the majority decision, Justice Ken- just what one example, James Madison W. BOUSTANY, Jr, to act as Speaker pro tem- nedy stated that using foreign law speaks contemptuously of the govern- pore on this day. ‘‘does not lessen our fidelity to the ments of Europe, which are afraid to DENNIS J. HASTERT, Constitution or our pride in its origin trust the people with arms. Are we now Speaker of the House of Representatives. to acknowledge that the affirmation of to revise the second amendment be- f rights by other nations and people sim- cause what these other countries ply underscores the centrality of those think? MORNING HOUR DEBATES same rights within our heritage of free- During his confirmation, Justice The SPEAKER pro tempore. Pursu- dom.’’ Roberts pointed out, ‘‘Looking to for- ant to the order of the House of Janu- Though it may be proper to acknowl- eign law for support is like looking out ary 31, 2006, the Chair will now recog- edge the weight of foreign opinion over a crowd and picking out your best nize Members from lists submitted by against the juvenile death penalty, friends.’’ A judge relying on foreign law the majority and minority leaders for should it be the basis for American in their decisionmaking can hand-pick morning hour debates. The Chair will law? Justice Ginsburg, one of the most a precedent based on a predetermined alternate recognition between the par- prominent advocates of using inter- outcome of their choice. ties, with each party limited to not to national opinion in U.S. courts, re- So, Mr. Speaker, I believe that our exceed 30 minutes, and each Member, cently delivered a speech at the Con- courts should rely on our history, our except the majority leader, the minor- stitutional Court of South Africa. She laws, and most importantly our Con- ity leader, or the minority whip, lim- essentially concluded that she and stitution to help them reach a decision, ited to not to exceed 5 minutes. other justices have the authority to especially when it comes to domestic The Chair recognizes the gentleman change the Constitution as they see fit, issues. That is why we must focus our from Florida (Mr. STEARNS) for 5 min- deferral to foreign laws and rulings energies on the other body on con- utes. being a key part of their creative proc- firming quality judges with a healthy f ess. She insisted that U.S. jurists honor respect for the Constitution like Jus- the Framers’ intent to ‘‘create a more tice Roberts and Justice Alito. FOREIGN LAW IN U.S. COURTS perfect union,’’ which would allow jus- f Mr. STEARNS. Mr. Speaker, with the tices to alter the Constitution, to keep Fourth of July celebration next week, it from being ‘‘fixed forever by the 18th ANTI-AMNESTY RESOLUTION it is important to again remember why century understanding.’’ The SPEAKER pro tempore. Pursu- we fought for independence, namely, to My colleagues, the Framers of the ant to the order of the House of Janu- free ourselves from foreign domination. Constitution did not give justices the ary 31, 2006, the gentleman from Michi- I fear that the Supreme Court’s ap- authority to create a more perfect gan (Mr. STUPAK) is recognized during peal to foreign legal practice has head- union; in fact, they purposely made morning hour debates for 5 minutes. ed us down a slippery slope, down changing the Constitution a very dif- Mr. STUPAK. Mr. Speaker, 11 days which our rapid descent could hurt the ficult process, to ensure that these ago in this House, we had a partial lim- values we hold so dear. changes were thoroughly vetted and ited debate on the war in Iraq. The In fact, to measure the standards of absolutely necessary. Any amendments same day, it was reported in a number our Constitution by foreign opinion is require a two-thirds vote of both of the area newspapers that there was to believe the false premise that other Houses of Congress and three-fourths of consideration of giving amnesty to nations are evolving toward better an- State legislatures to convene constitu- those Iraqis that killed, maimed, or in- swers than we are capable of finding tional conventions to ratify them. But, jured U.S. troops or citizens. A few of ourselves. If we begin thinking that as we have seen, some justices believe us took to the floor during the Iraq de- way, surely we will cease to be Ameri- they have the power to amend the Con- bate and raised the issue of amnesty. Is cans. stitution to suit every whim. this what we are fighting for in Iraq, In 2003 in Lawrence v. Texas, five Su- Foreign laws and decisions simply the type of democracy that gives peo- preme Court justices created a new provide a convenient justification for ple who kill American soldiers am- right to sodomy based largely on legal some justices to almost thumb their nesty? precedents from the European Conven- noses at the Constitution and the legis- Last week, I joined with Democratic tion of Human Rights. In his dissenting lative branch. leadership, Mr. LARSON, Mr. CLYBURN, opinion on this ruling, Justice Scalia Foreign legal standards can help U.S. Mr. MURTHA, Mr. SKELTON, Mr. ABER- agreed with what I am trying to point courts determine the meaning behind CROMBIE, and others, and introduced out in this speech by saying, he ‘‘ex- treaties, foreign law might even aid us House Joint Resolution 90, which says: pects and fears that the court’s use of in interpretation of our Constitution as Disapproving the grant of amnesty by foreign law in the interpretation of our the Framers were of English descent; the government of Iraq to persons

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

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Mr. Speaker, I object to the Mr. Speaker, proposing amnesty for amnesty to those who have murdered vote on the ground that a quorum is Iraqis who have killed our troops is an- Americans is the real definition of cut not present and make the point of other stunning example of the failure and run. order that a quorum is not present. of this administration’s handling of the I urge the Republican leadership to The SPEAKER pro tempore. Pursu- war and their overall policy. I, like the allow our resolution to come to the ant to clause 8, rule XX, further pro- rest of the American people, would like floor, House Joint Resolution 90. No ceedings on this question will be post- to know, what did the President know amnesty in Iraq, no amnesty for those poned. about this amnesty and when did he who kill, maim, torture U.S. troops or The point of no quorum is considered know it? I find it coincidental that the our citizens in the country of Iraq. withdrawn. day after the President comes back f from his secret trip to Iraq, we start RECESS f hearing these reports in newspapers about an agreement on amnesty. The SPEAKER pro tempore. Pursu- PLEDGE OF ALLEGIANCE In 3 years of war, we have lost more ant to clause 12(a) of rule I, the Chair than 2,500 of our best and brightest declares the House in recess until 2 The SPEAKER pro tempore. Will the Americans. The war in Iraq now boils p.m. today. gentleman from North Carolina (Mr. down to amnesty for insurgents who Accordingly (at 12 o’clock and 41 COBLE) come forward and lead the attack and kill U.S. troops? This am- minutes p.m.), the House stood in re- House in the Pledge of Allegiance. cess until 2 p.m. nesty proposal appears to have the Mr. COBLE led the Pledge of Alle- tacit agreement of the Bush adminis- f giance as follows: tration and the Iraqi government offi- b 1400 I pledge allegiance to the Flag of the cials, as they were quoted in the Wash- United States of America, and to the Repub- AFTER RECESS ington Post as saying, and I quote, lic for which it stands, one nation under God, ‘‘There is some sort of understanding The recess having expired, the House indivisible, with liberty and justice for all. between us and the U.S.-led multi-na- was called to order by the Speaker pro tional force in Iraq that there is a pa- tempore (Mr. BOUSTANY) at 2 p.m. f triotic feeling among Iraqi youth and f the belief that those attacks are legiti- PRAYER 55 GUARDSMEN HOLDING OFF mate acts of resistance and defending The Chaplain, the Reverend Daniel P. INVASION their homeland. These people will be Coughlin, offered the following prayer: (Mr. POE asked and was given per- pardoned definitely, I believe.’’ Lord, today we ask Your blessing on mission to address the House for 1 So officials in the Iraqi government the work of so many here on Capitol minute.) believe that this is a done deal, and Hill. Besides the work of government, that attacking U.S. troops is a coura- Mr. POE. Mr. Speaker, news from the familiar to all, accomplished by elected geous act of self-defense. We could not front. The border war continues. Representatives and many staff, there disagree with it more, and that is why Generalissimo Fox and the Mexican are hundreds of personnel whose work we have our House Joint Resolution 90. media have taken a setback in the ille- is hidden. I want to know, who agreed with the gal invasion of the United States. Ille- Lord, here are people in a labor force gal border crossings and detentions Iraqi government? How did they get of manual laborers, carpenters, cooks, this understanding that it is part of the have dropped 21 percent in just 10 days. kitchen help, gardeners and mainte- The reason: 55 National Guardsmen on policy of the United States that it is nance workers. Their work is often un- okay to kill U.S. troops? Was it some- the border. Even though the Guard was noticed, yet always appreciated. Dur- sent to the border in a support role and one in the Department of Defense, ing daylight and night hours, this Cap- someone in the Secretary of State, or, as a publicity stunt to appease Ameri- itol is kept clean, in good order and cans, they are deterring illegal entry again, during the meeting the Presi- prepared for those who serve here in dent had in Iraq a few weeks ago, was into the United States. government. The Mexican media, taking a page that part of it? You, Lord, reward everyone with all The amnesty was reported in the pa- out of the New York Times and their our differences for his or her own com- hatred for the U.S. military, has so ex- pers the same day that two U.S. troops petency, expertise and daily labor. May were found to be tortured and muti- aggerated the truth and alarmed the the families of the workers and all Mexican illegals about the National lated in Iraq. Do we give their tor- hardworking Americans be proud of the turers, their killers amnesty? Is this Guard, the crossings have decreased many laborers who raise a high stand- dramatically. what the Commander-in-Chief does, ard for all citizens by their work on lead troops into war, and then it devel- The fear that the National Guard is Capitol Hill. Bless them and their portrayed like their own corrupt mili- ops into a civil war and those who kill work, now and forever. Amen. U.S. troops get amnesty? tary has slowed illegal entry, you We ask the Republican leadership to f know, that Mexican military machine bring House Joint Resolution 90 up be- THE JOURNAL that is on the southern Mexican border fore this floor. Let’s bring it up before The SPEAKER pro tempore. The that reportedly ‘‘rapes, robs and beats the Fourth of July recess, pass this Chair has examined the Journal of the Hondurans and Guatemalans that are House resolution, it should move last day’s proceedings and announces just trying to do jobs that Mexicans quickly, and it should be a bipartisan to the House his approval thereof. won’t do.’’ resolution. Pursuant to clause 1, rule I, the Jour- If 55 Guardsmen can reduce the num- There is a lot of talk in this town, nal stands approved. ber of illegals by 21 percent, just think and some people like to use the word Mr. POE. Mr. Speaker, pursuant to what would happen if we used more cut and run. Let me ask this. If the ad- clause 1, rule I, I demand a vote on Guardsmen on the border front. ministration and if this Congress ac- agreeing to the Speaker’s approval of Those who say we cannot stop the in- cept a policy that says it is okay to the Journal. vasion so we ought to surrender our kill U.S. troops, what sort of message The SPEAKER pro tempore. The soil are underestimating the American are we sending to the Iraqis on the question is on the Speaker’s approval National Guard. street that it is okay to kill U.S. of the Journal. And that’s just the way it is.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12561 COMMUNICATION FROM THE navigational safety with respect to the pro- It will allow the Commandant of the CLERK OF THE HOUSE posed lease, easement, or right-of-way and Coast Guard to set the terms and con- each alternative to the proposed lease, ease- The SPEAKER pro tempore laid be- ditions on any leasing of Federal ment, or right-of-way considered by the Sec- waters in Nantucket Sound that may fore the House the following commu- retary. nication from the Clerk of the House of ‘‘(b) INCLUSION OF NECESSARY TERMS AND be necessary to protect navigational Representatives: CONDITIONS.—In granting a lease, easement, safety. For example, over 3 million pas- or right-of-way for an offshore wind energy sengers ride ferries that transit OFFICE OF THE CLERK, facility in Nantucket Sound under section HOUSE OF REPRESENTATIVES, through Nantucket Sound, and it is vi- Washington, DC, June 26, 2006. 8(p) of the Outer Continental Shelf Lands tally important to protect the naviga- Act (43 U.S.C. 1337(p)), the Secretary shall in- Hon. J. DENNIS HASTERT, tional safety of those vessels. Speaker, House of Representatives, corporate in the lease, easement, or right-of- Recent emergencies have reminded Washington, DC. way reasonable terms and conditions the us once again why a well-funded and Commandant determines to be necessary to DEAR MR. SPEAKER: Pursuant to the per- provide for navigational safety.’’. fully operational Coast Guard is para- mission granted in Clause 2(h) of Rule II of mount for protecting the citizens of the Rules of the U.S. House of Representa- The SPEAKER pro tempore. Pursu- this Nation. tives, the Clerk received the following mes- ant to the rule, the gentleman from sage from the Secretary of the Senate on The 2006 Coast Guard and Maritime Alaska (Mr. YOUNG) and the gentle- Transportation Act conference report June 23, 2006, at 1:36 p.m.: woman from Florida (Ms. CORRINE That the Senate passed without amend- has been delayed for far too long. We BROWN) each will control 20 minutes. ment H.R. 5603. are all glad to see that a fair agree- That the Senate passed without amend- The Chair recognizes the gentleman ment based on navigational safety has ment H.R. 5403. from Alaska. been worked out and that this bill will That the Senate passed S. 2370. GENERAL LEAVE now move to the President’s desk for With best wishes, I am Mr. YOUNG of Alaska. Mr. Speaker, I signature. Sincerely, ask unanimous consent that all Mem- I encourage all my colleagues to sup- KAREN L. HAAS, bers have 5 legislative days in which to Clerk of the House. port this fair resolution and support revise and extend their remarks and in- full funding for the Coast Guard. f clude extraneous material on Senate Mr. Speaker, I reserve the balance of ANNOUNCEMENT BY THE SPEAKER Concurrent Resolution 103. my time. PRO TEMPORE The SPEAKER pro tempore. Is there Mr. YOUNG of Alaska. At this time I objection to the request of the gen- yield whatever time he may consume The SPEAKER pro tempore. Pursu- tleman from Alaska? to the gentleman from North Carolina ant to clause 8 of rule XX, the Chair There was no objection. (Mr. COBLE). will postpone further proceedings Mr. YOUNG of Alaska. I yield myself Mr. COBLE. I thank the gentleman today on motions to suspend the rules such time as I may consume. from Alaska, the distinguished chair- on which a recorded vote or the yeas Mr. Speaker, Senate Concurrent Res- man of the full committee. and nays are ordered, or on which the olution 103 clarifies the intent of the Mr. YOUNG, I want to commend you vote is objected to under clause 6 of conferees that the Coast Guard review and Mr. LOBIONDO, the distinguished rule XX. and assess the impacts of any proposed gentleman from New Jersey, for having RECORD votes on postponed questions offshore energy facility on the naviga- chaired the full committee and the will be taken after 6:30 p.m. today. tion safety in Nantucket Sound and on Coast Guard subcommittee, along with f the service’s capabilities to conduct your respective ranking members, Mr. missions within and near the proposed OBERSTAR, the gentleman from Min- CORRECTING THE ENROLLMENT facility. nesota; and Mr. FILNER, the gentleman OF H.R. 889 The resolution will require the Coast from California. You all have done no- Mr. YOUNG of Alaska. Mr. Speaker, I Guard to establish terms and condi- table work. move to suspend the rules and concur tions that are necessary to safeguard Chairman YOUNG, you and I have in the Senate concurrent resolution (S. recreational and commercial vessel talked about this before, but I believe Con. Res. 103) to correct the enrollment traffic in Nantucket Sound before any the U.S. Coast Guard probably more of the bill H.R. 889. draft environmental impact statement than any other Federal entity assumes The Clerk read as follows: is made available for public review. additional duties time after time with- S. CON. RES. 103 The resolution also provides that out corresponding increased appropria- Resolved by the Senate (the House of Rep- these terms and conditions will be in- tions. I told the Commandant the other resentatives concurring), That in the enroll- corporated into the requirements of day, Admiral Allen, I said, You must ment of the bill H.R. 889, the Clerk of the any lease that is granted for the con- have a magic wand down there, because House of Representatives shall make the fol- struction of a proposed offshore facil- you all continue to discharge duty lowing corrections: ity. after duty, oftentimes newly assigned (1) In the table of contents in section 2, This provision will allow us to de- duties, with the same amount of strike the item relating to section 414 and velop offshore alternative energy re- insert the following: money. And I don’t know how they do sources in a way that does not jeop- it, but they do. ‘‘Sec. 414. Navigational safety of certain fa- ardize the safety and security of the cilities.’’. I thank the gentleman for yielding. maritime community in Nantucket Ms. CORRINE BROWN of Florida. (2) Strike section 414 and insert the fol- Sound. Mr. Speaker, I yield back the balance lowing: I urge my colleagues to support this of my time. ‘‘SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES. concurrent resolution and to support Mr. LANGEVIN. Mr. Speaker, I am pleased ‘‘(a) CONSIDERATION OF ALTERNATIVES.—In the underlying resolution. that, on Monday, the House passed S. Con. reviewing a lease, easement, or right-of-way Mr. Speaker, I reserve the balance of Res. 103, though I am disappointed by the for an offshore wind energy facility in Nan- my time. events that necessitated its consideration. Last tucket Sound under section 8(p) of the Outer Ms. CORRINE BROWN of Florida. I September, when the House considered H.R. Continental Shelf Lands Act (43 U.S.C. yield myself such time as I may con- 889, the Coast Guard Authorization Act, I ex- 1337(p)), not later than 60 days before the sume. pressed my concern about a provision that date established by the Secretary of the In- Mr. Speaker, this resolution will terior for publication of a draft environ- would have altered the existing evaluation and mental impact statement, the Commandant make changes to the Coast Guard con- approval process for the Cape Wind project, a of the Coast Guard shall specify the reason- ference report that reflects the com- 420 megawatt offshore wind farm proposed for able terms and conditions the Commandant promise agreement that was worked Horseshoe Shoal off the coast of Massachu- determines to be necessary to provide for out concerning the Cape Wind project. setts. That project is currently undergoing a

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When the House and Sen- revise and extend their remarks and in- only agency in the Bush administra- ate went to conference, I wrote to the head clude extraneous material on H.R. 889. tion to actually do their job during the House conferees, explaining the strong sup- The SPEAKER pro tempore. Is there devastation of Hurricane Katrina. And port in Rhode Island for the project and cau- objection to the request of the gen- they are still in the gulf region sup- tioning about the potential negative ramifica- tleman from Alaska? porting the recovery effort. tions of the provision on the growing wind en- There was no objection. They respond to these emergencies ergy industry, which will help diversify our Na- Mr. YOUNG of Alaska. I yield myself all while completing their core mis- tion’s energy supply by providing a clean and such time as I may consume. sions of search and rescue, drug inter- renewable source to millions of Americans. Mr. Speaker, I rise in strong support diction, and enforcing maritime and Much to my dismay, during conference ne- of H.R. 889, the Coast Guard and Mari- fisheries laws. gotiations, a much broader restriction on the time Transportation Act of 2006. Fortunately, the Transportation project was inserted—language that had not This bill authorizes $8.7 billion in Committee realizes how important the been considered by either the House or Sen- funding for the Coast Guard, including Coast Guard is and has once again ate—that would essentially circumvent the ex- $1.6 billion for the recapitalization of stepped up to the plate and provided isting project by giving the Governor of Massa- Coast Guard vessels, aircraft and sup- the Coast Guard the true amount of chusetts veto power over this particular port systems. funding they need to do their job. I en- project. At a time when our Nation’s economy Funding at this level would result in courage all my colleagues to support is endangered by our dependence on foreign the acceleration of the Deepwater pro- this bill and support full funding for oil, we should be encouraging clean and re- gram and would provide a new, more the U.S. Coast Guard. It is simply the newable energy development, not blocking it. capable fleet to support the Coast right thing to do for America. To protest this last-minute back-room con- Guard’s many traditional and home- Mr. Speaker, I reserve the balance of ference deal, I joined the gentleman from New land security missions. my time. The conference report also includes Hampshire, Mr. BASS, in leading an effort to b 1415 ask the House leadership to prevent the con- provisions related to Coast Guard’s re- sideration of any final agreement on the Coast sponse in the regions that were af- Mr. YOUNG of Alaska. Mr. Speaker, Guard bill that contained language endan- fected last year by Hurricanes Katrina at this time, I yield to the chairman of gering the Cape Wind project in Massachu- and Rita, and the impacts of the the subcommittee who has done an setts. I am pleased that widespread public op- storms on the maritime industry. outstanding job, a man who under- position to the language forced it to be re- The conference report also requires stands the Coast Guard and really has moved from the bill, and I will continue my ef- safety inspection for passenger ferries, been leading the Coast Guard for the forts to promote the responsible development makes it easier to prosecute illegal last 6 years, the gentleman from New of clean and renewable energy in Congress. drug smugglers, encourages the con- Jersey (Mr. LOBIONDO). Mr. YOUNG of Alaska. Mr. Speaker, I struction and use of U.S. flag liquefied Mr. LOBIONDO. I thank the chair- yield back the balance of my time. natural gas vessels, enhances maritime man for yielding, and I would like to The SPEAKER pro tempore. The security by increasing penalties for thank Chairman YOUNG for his ongoing question is on the motion offered by violations of the Maritime Transpor- very strong support for the Coast the gentleman from Alaska (Mr. tation Security Act, and adjusts oil Guard and their maritime missions. YOUNG) that the House suspend the spill liability limits for the first time H.R. 889, the Coast Guard and Mari- rules and concur in the Senate concur- since the Oil Pollution Act was passed time Transportation Act, authorizes rent resolution, S. Con. Res. 103. in 1990. nearly $8.7 billion in funding for the The question was taken; and (two- H.R. 889 also includes legislation Coast Guard in fiscal year 2006. This thirds having voted in favor thereof) passed by the House as H.R. 1412, the authorization includes funding to sup- the rules were suspended and the Sen- Delaware River Protection Act. port each of the Coast Guard’s impor- ate concurrent resolution was con- This bill was introduced by the Coast tant missions, including many that curred in. Guard Subcommittee chairman, our have been highlighted in response to A motion to reconsider was laid on colleague from New Jersey, Mr. FRANK the tragedy that occurred in the gulf the table. LOBIONDO. I commend him for his hard region last year. f work on this measure. The Coast Guard is a unique entity H.R. 889 is a truly bipartisan bill and within the Federal Government, as CONFERENCE REPORT ON H.R. 889, deserves the support of each Member of both a military service and a Federal COAST GUARD AND MARITIME this House. agency with law enforcement abilities TRANSPORTATION ACT OF 2006 Mr. Speaker, I reserve the balance of and wide regulatory responsibilities. Mr. YOUNG of Alaska. Mr. Speaker, I my time. The men and women of the Coast move to suspend the rules and agree to Ms. CORRINE BROWN of Florida. I Guard carry out their missions every the conference report on the bill (H.R. yield myself such time as I may con- day to protect the safety and security 889) to authorize appropriations for the sume. of our Nation. Whether the mission in- Coast Guard for fiscal year 2006, to Mr. Speaker, I want to thank Chair- volves saving thousands of lives, re- make technical corrections to various men YOUNG and LOBIONDO and Ranking sponding to oil spills, keeping our ports laws administered by the Coast Guard, Members OBERSTAR and FILNER for and waterways open, or boarding a sus- and for other purposes. their hard work in bringing this con- picious vessel, the men and women of The Clerk read the title of the bill. ference report to the floor. It has been the Coast Guard work tirelessly. (For conference report and state- a long time coming, and I am glad to However, we cannot allow the com- ment, see proceedings of the House of see the finish line ahead. mitment that is being shown by the April 6, 2006 at page H1640.) Every time this country faces an men and women of the Coast Guard to The SPEAKER pro tempore. Pursu- emergency, the Coast Guard is the first go on without a real commitment by ant to the rule, the gentleman from agency on the scene. The Coast Guard this body to provide the service with Alaska (Mr. YOUNG) and the gentle- was the first agency to react to the ter- the assets and resources necessary to woman from Florida (Ms. CORRINE rorist attacks on September 11 and carry out all of these missions that we BROWN) each will control 20 minutes. within minutes was guarding our ports have asked them to do. H.R. 889 will The Chair recognizes the gentleman and bridges and directing maritime authorize the funding levels required to from Alaska. traffic out of New York. They were also do just that.

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H.R. 889 authorizes $1.6 billion for the challenge of all the States and prob- and FILNER for their hard work on this Coast Guard’s Integrated Deepwater ably the most involved with the Coast bill. System, a critically important system. Guard. When I first arrived in Con- The Coast Guard, once again, is the Every day our Coast Guard service- gress, we had one Coast Guard station, first agency on the scene that is doing members must deal with the unfortu- actually two, one in Juneau, which was their job; and I am very pleased that nate reality that an aircraft or boat a command station, and one in Ketch- we finally have a bill that we are going they command may lose power, spring ikan, which was relatively small. Since to send to the President’s desk. a leak, or otherwise fail to operate. that time, over the last 34 years, we Mr. Speaker, I yield back the balance This is unacceptable. It puts the safety now have, I believe, the largest Coast of my time. of our personnel and the success of Guard unit in the United States on Ko- Mr. YOUNG of Alaska. Mr. Speaker, I their mission in real jeopardy. We must diak Island. would just close by urging my col- accelerate Deepwater to make replace- They do a great job not only patrol- leagues to support this legislation. ment assets available now. I urge my ling and watching for foreign inter- The House has under consideration the colleagues to support funding levels in ference of our fishing fleet, but saving conference report (109–413) to the bill H.R. this bill and in the future to make this my constituents. Many times they go 889 to authorize appropriations for the Coast a reality. out in weather, and I don’t know how Guard for fiscal year 2006, to make technical H.R. 889 also includes important oil many of you watch the show of the corrections to various laws administered by spill response and liability provisions most dangerous fishing, the ‘‘Dan- the Coast Guard, and for other purposes. Mr. WEINER. Mr. Speaker, I rise today to originally included in the Delaware gerous Catch,’’ they call it, but there thank the leadership of the Transportation and River Protection Act legislation that I you will see the Coast Guard involved Infrastructure Committee for their hard work introduced, along with Representatives rescuing people in hundred mile winds, shepherding through the Coast Guard and SAXTON, CASTLE, ANDREWS, and or knots, of seas of about 40 feet, 50 Maritime Transportation Act of 2005, and to SCHWARTZ, in the wake of the Athos I feet, sometimes. Even so bad that it express my strong support of the bill. oil spill in the Delaware River. These took a helicopter down last year when provisions represent the first real ef- It authorizes $8.7 billion for the Coast Guard they were trying to rescue people off a for fiscal 2006, which will be used to perform fort in 15 years to strengthen our Fed- foreign ship that was carrying soy- eral oil spill prevention and response the essential duties of the U.S. Coast Guard beans. in the areas of homeland security, maritime system. This bill will provide the Fed- But they do not only that, but they eral Government with the authorities safety, law enforcement, environmental protec- watch for oil spills which pollute our tion, and emergency response: a mission area that will enhance our capability to pre- seas. They do it for the little fisherman vent and respond to future oil spills. in which the Coast Guard led the pack in re- going out in the small dinghy, in larger sponding to Hurricane Katrina. To support Once again, I would like to thank seas than he should have, to catch Chairman YOUNG for his strong sup- these activities, the conference report author- those big King salmon Alaska has that izes $500 million in additional emergency port, Ranking Member OBERSTAR, as belongs to Alaska and doesn’t belong well as subcommittee Ranking Member funds for Katrina response. to Washington State or Canada. And Mr. Speaker, I want to highlight a provision FILNER for working with me to develop sometimes they get in trouble, and the a strong bipartisan product. I would that I offered and was accepted by the Com- Coast Guard is there. And the young also like to thank our dedicated staff mittee last July and is included in this con- men and women that enlist and stay on both sides of the aisle for their ference report. It directs the Environmental voluntarily for years and years, I just work: John Rayfield, Eric Nagel, and Protection Agency to conduct a study of the compliment them. pollution in Newtown Creek caused by under- Liz Megginson on the majority staff, This bill is a good bill. As mentioned and John Cullather on the minority ground oil spills in Brooklyn, N.Y. The study is by Mr. LOBIONDO, John Rayfield has staff, who did an outstanding job in to be fully funded through the Oil Spill Liability done outstanding work. There were helping us put this conference report Trust Fund. As outlined in section 410 of the very tiring times, especially in con- together. conference report, this study is to be com- The bill takes a balanced approach to ference, because we are dealing with a pleted no later than one year after enactment providing the resources and authorities conference, and they are very difficult of this law. necessary to support each of the Coast in this business we are in. Conferences Newtown Creek is a 3.5 mile long waterway Guard’s many and varied missions. Al- with the other side are equally difficult that flows from the East River and separates though the Coast Guard has received a but sometimes ridiculous in the sense the boroughs of Brooklyn and Queens. The great deal of attention for its port se- of what we have to negotiate for. But State of New York has ruled that the Creek curity mission, we must strive to pro- we believe we have negotiated a good does not meet water quality standards under tect the service’s unique multi-mission conference. Liz Megginson, my legal the Clean Water Act. It is the single most pol- character. We must maintain a Coast counsel, has done very well on this leg- luted waterway in New York City, and its Guard with the ability to successfully islation. banks are home to the largest oil spill in the accomplish each of its vital missions. And for my colleagues, this is the end United States. The spill is 150 percent the size I would like to urge all my colleagues of 2006 as far as the authorization for of the Exxon-Valdez spill. to support this important bill and con- the Coast Guard. As of today, we will In 1978, a Coast Guard patrol detected pe- tinue to support the men and women of be introducing a 2007 reauthorization troleum on the surface of Newtown Creek and the Coast Guard who do such an excep- bill; and we will be working on that, identified a spill that spreads from the banks tionally good job for the United States hopefully with expedited results, and of the Creek through the Greenpoint neighbor- of America. getting the bill out of the House and to hood in Brooklyn. Evaluations at that time Ms. CORRINE BROWN of Florida. I the Senate to decide and maybe having identified a spill totaling 17 million gallons at- continue to reserve the balance of my the finalization and being ahead of the tributed to refineries operated along the banks time. ball game. That is what we are going to of the Creek by the predecessors to Mr. YOUNG of Alaska. Mr. Speaker, I attempt to do to try to make sure that ExxonMobil, BP/Amoco and Chevron-Texaco. echo the words of Mr. LOBIONDO. This the Coast Guard gets the recognition, To date, 8.7 millions gallons have been Coast Guard that serves this great Na- the organization, the authorization and cleaned but estimates indicate it will take at tion of ours has done such an out- be able to fulfill the mission that they least 25 more years to finish the remediation, standing job over the years in my 34 have and will continue to have. primarily conducted by ExxonMobil under a years in Congress that I can only just Mr. Speaker, I reserve the balance of 1990 consent agreement with the New York applaud each time I see a Coast Guard my time. State Department of Environmental Conserva- vessel or a member of the Coast Guard Ms. CORRINE BROWN of Florida. tion that sets no timetable for completion and or the flag that they carry. Mr. Speaker, I just want to once again includes no meaningful criteria for compliance. It is a unique privilege, being in a thank Chairman YOUNG and Mr. LOBI- Even though it has been over 25 years State that has probably the greatest ONDO and Ranking Members OBERSTAR since the oil spill was detected, the public

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12564 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 health and safety risks associated with the oil It was my pleasure to serve as a conferee MESSAGE FROM THE PRESIDENT spill are still unknown. on the Fiscal Year 2006 Coast Guard author- A message in writing from the Presi- The legislative intent of the amendment that ization bill. dent of the United States was commu- directs the Coast Guard to study Newtown I am a strong supporter of the Coast Guard nicated to the House by Mr. Sherman Creek (Creek) is for the Environmental Protec- men and women who valiantly serve our na- Williams, one of his secretaries. tion Agency to revisit the findings of the U.S. tion. Coast Guard’s July 1979 report entitled ‘‘In- Through their hard work and dedication, f vestigation of Underground Accumulation of 33,000 people were saved in the aftermath of Hydrocarbons along Newtown Creek,’’ and ad- Hurricane Katrina. VETERANS’ COMPENSATION COST- dress the following issues: This will not be the last time that we will turn OF-LIVING ADJUSTMENT ACT OF The actual current size of the Greenpoint Oil to the Coast Guard for help. 2006 Spill (Spill) and the extent to which oil from Congress must provide the Coast Guard each refinery site contributes to the Spill. with the support it needs to perform its secu- Mr. BUYER. Mr. Speaker, I move to The extent and severity of surface water rity and life-saving missions. suspend the rules and pass the bill pollution and sediment contamination from the The Coast Guard’s current assets are dete- (H.R. 4843) to increase, effective as of Spill, and methods to prevent further seepage riorating quickly, and the Administration has December 1, 2006, the rates of disability into the Creek. clearly failed to realize that there is a problem. compensation for veterans with serv- The Spill’s impact on existing conditions in The Administration’s request for the Deep- ice-connected disabilities and the rates the Creek including but not limited to low lev- water program, which will provide the Coast of dependency and indemnity com- els of dissolved oxygen and high levels of Guard with more modern equipment, was $32 pensation for survivors of certain serv- bacteria. million less than last year. ice-connected disabled veterans, and The interaction between pollution from the Congress, recognizing the problem, author- for other purposes, as amended. Spill and pollution from other sources in the ized funds in this bill that will help accelerate The Clerk read as follows: Creek including but not limited to Combined the purchasing of Deepwater assets. H.R. 4843 Sewer Overflow Pipes and the Newtown I had hoped that even more funds would be Be it enacted by the Senate and House of Rep- Creek Sewage Treatment Plant. authorized for the Deepwater program. In the resentatives of the United States of America in The extent to which oil and contaminated Homeland Security Committee’s mark-up of Congress assembled, sediments in the Creek disperse into New H.R. 4954, the SAFE Ports Act, I supported SECTION 1. SHORT TITLE. York Harbor. an amendment offered by Rep. Donna This Act may be cited as ‘‘Veterans’ Com- The extent to which the Spill has affected Christensen (D–VI) that would have provided pensation Cost-of-Living Adjustment Act of aquatic species in the Creek and Harbor, and enough funds to complete the Deepwater pro- 2006’’. methods to prevent further harm. gram in ten years rather than the current SEC. 2. INCREASE IN RATES OF DISABILITY COM- The extent to which the Spill has affected PENSATION AND DEPENDENCY AND twenty years. I wish that provision had been INDEMNITY COMPENSATION. groundwater in the surrounding area, and accepted in this bill. (a) RATE ADJUSTMENT.—The Secretary of methods to prevent further harm. Nonetheless, the funding level in this bill is Veterans Affairs shall, effective on December The extent and severity of contaminated soil a good first step. 1, 2006, increase the dollar amounts in effect in the area affected by the Spill, and methods Finally, this bill establishes a review process for the payment of disability compensation to prevent further harm. before an Administrative Law Judge for indi- and dependency and indemnity compensa- Any public health issues raised by the Spill viduals denied a Transportation Worker Identi- tion by the Secretary, as specified in sub- and the current remediation efforts, both inde- fication Credential (TWIC). section (b). pendently and in interaction with other pollut- TWIC cards will be required for all port (b) AMOUNTS TO BE INCREASED.—The dollar ants in the Creek. workers. amounts to be increased pursuant to sub- section (a) are the following: Any safety issues raised by the Spill and the If a person is denied a TWIC, he or she will current remediation efforts, both independently (1) COMPENSATION.—Each of the dollar not able to work. amounts in effect under section 1114 of title and in interaction with other pollutants in the Therefore, it is critically important that a 38, United States Code. Creek. neutral party be involved in deciding whether (2) ADDITIONAL COMPENSATION FOR DEPEND- The extent to which the current remediation or not an individual should be denied this ENTS.—Each of the dollar amounts in effect efforts are sufficient, and any new tech- card. under section 1115(1) of such title. nologies or approaches that could accelerate Every person deserves the opportunity to (3) CLOTHING ALLOWANCE.—The dollar product recovery and/or improve the scope of work and the government cannot arbitrarily in- amount in effect under section 1162 of such the remediation. hibit this right. title. I would like to express my thanks to Chair- I thank the other conferees on both sides of (4) NEW DIC RATES.—The dollar amounts in effect under paragraphs (1) and (2) of section man YOUNG, Mr. OBERSTAR, Chairman LOBI- the aisle for working with me on this con- 1311(a) of such title. ONDO, and Mr. FILNER for their willingness to ference report, and I recommend my col- (5) OLD DIC RATES.—Each of the dollar work with me on this very important yet often leagues support it. amounts in effect under section 1311(a)(3) of overlooked Issue. The country will benefit from Mr. YOUNG of Alaska. I yield back such title. renewed Federal attention on this oil spill, the the balance of my time. (6) ADDITIONAL DIC FOR SURVIVING SPOUSES largest in the country. The SPEAKER pro tempore. The WITH MINOR CHILDREN.—The dollar amounts Furthermore, I would like to thank my question is on the motion offered by in effect under section 1311(b) of such title Democratic colleagues in the New York City the gentleman from Alaska (Mr. and paragraph (1) of section 1311(f) of such title (as redesignated by subsection (e) of delegation, all of whom signed a letter to con- YOUNG) that the House suspend the this section). ferees urging that this study be included in the rules and agree to the conference re- (7) ADDITIONAL DIC FOR DISABILITY.—The conference report. I would especially like to port on the bill, H.R. 889. dollar amounts in effect under sections commend Mrs. VELA´ZQUEZ, who represents The question was taken. 1311(c) and 1311(d) of such title. the people of Greenpoint. She and I have The SPEAKER pro tempore. In the (8) DIC FOR DEPENDENT CHILDREN.—The dol- worked together closely on this initiative. opinion of the Chair, two-thirds of lar amounts in effect under sections 1313(a) Additionally, I would like to thank both the those present have voted in the affirm- and 1314 of such title. Democratic and Republican staff of the Trans- ative. (c) DETERMINATION OF INCREASE.— portation Committee and the Subcommittee on Mr. YOUNG of Alaska. Mr. Speaker, (1) BASE FOR INCREASE.—The increase under the Coast Guard and Maritime Transportation. on that I demand the yeas and nays. subsection (a) shall be made in the dollar In particular, Ward McCarragher and John The yeas and nays were ordered. amounts specified in subsection (b) as in ef- fect on November 30, 2006. BERSTAR The SPEAKER pro tempore. Pursu- Cullather of Mr. O ’s staff and Fraser (2) PERCENTAGE OF INCREASE.—Except as Verrusio and John Rayfield of Mr. YOUNG’s ant to clause 8 of rule XX and the provided in paragraph (3), each such amount staff were very helpful. Chair’s prior announcement, further shall be increased by the same percentage as Mr. THOMPSON of Mississippi. Mr. Speak- proceedings on this question will be the percentage by which benefit amounts er, I rise in support of this conference report. postponed. payable under title II of the Social Security

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12565 Act (42 U.S.C. 401 et seq.) are increased effec- amount of the dependency and indem- Although we will not know the exact tive December 1, 2006, as a result of a deter- nity compensation is $1,033. percentage by which the benefit is to mination under section 215(i) of such Act (42 Additional amounts are paid to sur- be increased until the Consumer Price U.S.C. 415(i)). vivors who are housebound or in need Index is calculated in October, I expect (3) ROUNDING.—Each dollar amount in- creased pursuant to paragraph (2) shall, if of aid and attendants or have minor this bill will help VA beneficiaries not a whole dollar amount, be rounded down children. Currently, about 340,000 sur- maintain the value of their benefits. to the next lower whole dollar amount. viving spouses and children are receiv- b 1430 (d) SPECIAL RULE.—The Secretary may ad- ing survivors’ benefits. just administratively, consistent with the The amendment to the bill by Ms. No amount of money can ever com- increases made under subsection (a), the BERKLEY would also provide a COLA to pensate our veterans for the loss of rates of disability compensation payable to the dependency and indemnity com- their health or the families for the loss persons within the purview of section 10 of pensation transitional benefit. Estab- of a loved one. Nonetheless, it is crit- Public Law 85–857 (72 Stat. 1263) who are not lished in Public Law 108–454, transi- ical that the monetary value of these in receipt of compensation payable pursuant benefits, which partially compensate to chapter 11 of title 38, United States Code. tional DIC is a 2-year benefit; and it is for such losses, is not reduced merely (e) DESIGNATION CORRECTION.—Section 1311 intended to ease the family’s transition of title 38, United States Code, is amended by following the death of a service mem- by the passage of time. redesignating the second subsection (e) ber or veteran. In 2004, over 28,000 veterans in New (added by section 301(a) of the Veterans Ben- The Congressional Budget Office is Mexico received disability compensa- efits Improvement Act of 2004 (Public Law projecting a 2.2 percent COLA increase, tion or pension payments from the VA. 108–454; 118 Stat. 3610)) as subsection (f). but it may be higher or lower depend- Many New Mexico family members of SEC. 3. PUBLICATION OF ADJUSTED RATES. ing upon the changes in the Consumer veterans and their survivors also re- At the same time as the matters specified Price Index. The exact percentage will ceive VA cash benefits. The action we in section 215(i)(2)(D) of the Social Security be calculated as of September 30, 2006. are taking here today will help the vet- Act (42 U.S.C. 415(i)(2)(D)) are required to be erans in my congressional district who published by reason of a determination made The cost of providing a COLA is as- under section 215(i) of such Act during fiscal sumed in the administration’s budget depend on these VA benefits. year 2006, the Secretary of Veterans Affairs baseline; therefore, it will be budget H.R. 4843, as amended, will receive shall publish in the Federal Register the neutral. Additionally, H.R. 5385, the my full support; and it deserves the amounts specified in subsection (b) of sec- Military Quality of Life and Veterans support of all Members of the House. tion 2, as increased pursuant to that section. Affairs and Related Agencies Appro- Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Pursu- priations Bill of 2007 fully funds a vet- my time. ant to the rule, the gentleman from In- erans’ COLA effective December 1, 2006. Mr. BUYER. Mr. Speaker, I have no diana (Mr. BUYER) and the gentleman Mr. Speaker, I reserve the balance of additional speakers. from New Mexico (Mr. UDALL) each will my time. Mr. UDALL of New Mexico. Mr. control 20 minutes. Mr. UDALL of New Mexico. Mr. Speaker, I yield 3 minutes to the gen- The Chair recognizes the gentleman Speaker, I yield myself such time as I tlewoman from Florida (Ms. CORRINE from Indiana. may consume. BROWN), a member of the Veterans’ Af- Mr. BUYER. Mr. Speaker, I yield my- I would like to thank Chairman fairs Committee who has been a fighter self such time as I may consume. BUYER, Ranking Member LANE EVANS, for our Nation’s veterans. Mr. Speaker, H.R. 4843, as amended, subcommittee Chairman JEFF MILLER Ms. CORRINE BROWN of Florida. is one of the more important bills the and our subcommittee Ranking Mem- Mr. Speaker, I rise today to support committee brings to the floor each ber, Ms. BERKLEY, for their work on this bill to increase the veterans com- year. this bill. In particular, I want to thank pensation, or COLA. It is important to On April 6 of this year, the Sub- Ms. BERKLEY for her amendment, pass this legislation to support those committee on Disability Assistance which was offered during our markup who have put their lives on the line to and Memorial Affairs, chaired by Mr. and which received unanimous bipar- protect the freedom this country holds MILLER of Florida, took testimony on tisan support. so dear. H.R. 4843. The subcommittee then H.R. 4843, the Veterans’ Compensa- This money is very important to vet- marked this bill on June 8 and reported tion Cost-of-Living Adjustment Act of erans living on fixed incomes and very the bill favorably to the full committee 2006, will help our service-disabled vet- little outside support. The COLA in- by unanimous voice vote. The full com- erans and their survivors maintain the crease is tied to the Social Security mittee reported the bill, as amended, purchasing power of their benefits in COLA, which could change depending on June 22. 2007. Ms. BERKLEY’s amendment as- on the Consumer Price Index. H.R. 4843, as amended, would provide sures our Gold Star Wives with young While many of the beneficiaries of a cost-of-living adjustment, a COLA, to children that the value of their benefit the increase are veterans of past wars, disabled veterans and certain survivors will not continue to erode as it did dur- the disabled from the current war, Op- in the same amount given to Social Se- ing this current year. eration Enduring Freedom and Oper- curity recipients. All veterans who re- Unfortunately, many do not fully ation Iraqi Freedom, will benefit also. ceive disability compensation and recognize that the benefits we pay to Those injured in the current war are qualified survivors would receive the men and women who have borne the surviving once fatal injuries at greater adjustment beginning December 1 of battle, their widows, widowers, and numbers than anytime in the past. The this year. Congress has acted on COLA children are a continuing cost of war. rates of disability compensation and legislation every fiscal year since 1976. Indeed, the VA is currently paying ben- dependency and indemnity compensa- More than 2.6 million veterans re- efits to survivors of Civil War veterans. tion affected by the COLA will help ceive service-connected disability com- We have a moral obligation to the men those recovering to have a better qual- pensation. These benefits are paid and women who put on the uniform and ity of life and help them to become monthly and range from $112 for a 10 are harmed in the service of the Nation contributing members of society. percent disability to $2,393 for a 100 that we will compensate them for the Mr. UDALL of New Mexico. Mr. percent disability. Additional mone- harm which occurs. We have many ex- Speaker, I have no further requests for tary benefits are available for our most amples where this is not being done, time, and I yield back the balance of severely disabled veterans, as well as because, although costs increase, the my time. those with dependents. benefit has remained static. The least GENERAL LEAVE Spouses of veterans who died on ac- we can do for the young families of our Mr. BUYER. Mr. Speaker, I ask tive duty or as a result of a service- deceased veterans is to provide them unanimous consent to revise and ex- connected disability may also be enti- the full value of the 2-year transitional tend my remarks and that all Members tled to monetary compensation. The benefit they receive. may have 5 legislative days in which to

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12566 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 revise and extend their remarks and in- On March 2, 2006, as Chairman on the the gentleman from Indiana (Mr. clude extraneous material on H.R. 4843, Subcommittee on Disability Assistance and BUYER) that the House suspend the as amended. Memorial Affairs, I introduced H.R. 4843 with rules and pass the bill, H.R. 4843, as The SPEAKER pro tempore. Is there SHELLEY BERKLEY, Ranking Member of the amended. objection to the request of the gen- Subcommittee, and STEVE BUYER and LANE The question was taken. tleman from Indiana? EVANS, Chairman and Ranking Member, re- The SPEAKER pro tempore. In the There was no objection. spectively, of the Committee on Veterans’ Af- opinion of the Chair, two-thirds of Mr. BUYER. Mr. Speaker, I would fairs. On June 22, 2006, the full Committee those present have voted in the affirm- also like the Members to note that last adopted an amendment offered by Ms. BERK- ative. year when we came to the floor, we LEY to provide the annual adjustment to a two Mr. BUYER. Mr. Speaker, on that I thought that the COLA was going to be year transitional benefit offered under the de- demand the yeas and nays. about 2.7 percent. Once they did the ad- pendency and indemnity compensation pro- The yeas and nays were ordered. justment on the CPI, it ended up being gram. The SPEAKER pro tempore. Pursu- about 4.1 percent. I don’t know what it Each year since 1976, Congress has pro- ant to clause 8 of rule XX and the is going to be this year. That was a vided a cost-of-living adjustment (COLA) to Chair’s prior announcement, further huge change. Even though we are say- the benefits provided to our Nation’s disabled proceedings on this question will be ing approximately 2.2, I don’t know veterans and their survivors. The purpose of postponed. what it is going to be. the annual COLA is to ensure that Department f I would like to thank LANE EVANS of Veterans Affairs (VA) cash benefits retain RECESS and BOB FILNER for their work. I would their purchasing power and are not eroded by also like to thank Mr. MILLER and Ms. inflation. The SPEAKER pro tempore. Pursu- BERKLEY. I would like to thank Mr. The Committee is following its longstanding ant to clause 12(a) of rule I, the Chair UDALL and Ms. BROWN. Also, I thank practice of setting the COLA by reference to declares the House in recess until ap- them in appreciation for the timely the yet-to-be-determined Social Security in- proximately 6:30 p.m. today. fashion in which they moved this bill crease. In February 2006, the Administration Accordingly (at 2 o’clock and 35 min- through the committee and now onto projected a 2.6 percent increase; as of May utes p.m.), the House stood in recess the floor. 2006, the Congressional Budget Office is pro- until approximately 6:30 p.m. Mr. Speaker, I urge my colleagues to jecting the COLA to be 2.2 percent. However, f support the Veterans’ Compensation it may be higher or lower depending on b 1834 Cost-of-Living Adjustment Act of 2006. changes in the Consumer Price Index. The Mr. MICHAUD. Mr. Speaker, I rise today in exact percentage will be calculated as of Sep- AFTER RECESS tember 30, 2006, and the COLA will go into strong support of H.R. 4843, the Veterans’ The recess having expired, the House effect on December 1, 2006. Compensation Cost-of-Living Adjustment Act was called to order by the Speaker pro As Chairman BUYER indicated, this is one of of 2006. the more important pieces of legislation the tempore (Mr. BRADLEY of New Hamp- This is a good bipartisan bill. Veterans’ Affairs Committee brings to the floor shire) at 6 o’clock and 34 minutes p.m. It will help to ensure that the real value of each year, and I urge my colleagues to sup- f the benefits earned by our veterans does not port the bill. THE JOURNAL decrease as prices rise. Mr. REYES. Mr. Speaker, I rise today in These benefits are critical for many veterans strong support of H.R. 4843, the Veterans’ The SPEAKER pro tempore. Pursu- and their families to help make ends meet. Compensation Cost-of-Living Adjustment Act ant to clause 8 of rule XX, the pending Veterans and their families need to know of 2006. business is the question of agreeing to that the purchasing power of their earned ben- As a cosponsor of this bill, I would like to the Speaker’s approval of the Journal efits will not decrease over time. thank my colleagues in the House Veterans’ of the last day’s proceedings. This legislation also includes a provision Affairs Committee for expediting its consider- The question is on the Speaker’s ap- similar to my bill, H.R. 1573. ation in committee and for their strong bipar- proval of the Journal. Last Congress, in response to a VA evalua- tisan support. Pursuant to clause 1, rule I, the Jour- tion, we passed legislation to provide an in- H.R. 4843 would raise disability compensa- nal stands approved. crease of $250 to the monthly DIC, Depend- tion for veterans and dependency and indem- f ency and Indemnity Compensation, benefit for nity compensation for their survivors by 2.2 surviving spouses with children under 18 for ANNOUNCEMENT BY THE SPEAKER percent beginning December 1, 2006. It would PRO TEMPORE the first 2 years of eligibility. also increase benefits for spouses with chil- While I believe that we should make this dren under 18 who recently experienced the The SPEAKER pro tempore. Pursu- benefit permanent, especially in light of the death of a husband or wife due to military ant to clause 8 of rule XX, the Chair brave men and women giving their lives in service. will postpone further proceedings Iraq and Afghanistan; the provision in today’s Rising medical expenses coupled with dis- today on further motions to suspend bill is extremely important and will ensure that abilities generate some of the most burden- the rules on which a recorded vote or this benefit maintains its value over time. some financial situations veterans face. El the yeas and nays are ordered, or on I want to thank Ms. BERKLEY for her amend- Paso, TX, is home to approximately 60,000 which the vote is objected to under ment in Committee to include this provision. veterans, many of whom depend on govern- clause 6 of rule XX. This is a good bill that will help veterans ment compensation to sustain them as well as Record votes on postponed questions and their families across the country and I of their families. Increasing rates for veterans’ will be taken tomorrow. urge my colleagues to support it. compensation is an important part of recog- f I hope that this is the first of many bills that nizing and repaying veterans after they so CONGRATULATING THE MIAMI we will now move forward to improve the ben- courageously risked their lives in service to HEAT FOR WINNING THE 2006 efits and quality of care provided to our vet- our country. NBA CHAMPIONSHIP erans and their families. Mr. Speaker, our Nation’s veterans and their I congratulate Chairman MILLER of Florida dependents deserve our utmost appreciation Ms. ROS-LEHTINEN. Mr. Speaker, I for introducing this important bill, and I thank for their service to our country. I ask all my move to suspend the rules and agree to full committee Chairman STEVE BUYER and full colleague to join me in voting favorably on the resolution (H. Res. 887) congratu- committee Ranking Member LANE EVANS for H.R. 4843. lating the Miami Heat for winning the moving this legislation forward. Mr. BUYER. I have no further re- 2006 NBA Championship. Mr. MILLER of Florida. Mr. Speaker, I rise quests for time, and I yield back the The Clerk read as follows: in strong support of H.R. 4843, as amended, balance of my time. H. RES. 887 the Veterans’ Compensation Cost-of-Living The SPEAKER pro tempore. The Whereas on June 20, 2006, the Miami Heat Adjustment Act of 2006. question is on the motion offered by defeated the Dallas Mavericks, the Western

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12567 Conference Champions, in 6 games to win the Whereas, in game 6 of the NBA Finals, (1) congratulates— 2006 National Basketball Association (NBA) James Posey hit a big 3-pointer to put the (A) the Miami Heat for winning the 2006 Championship; Miami Heat up by 6 points with only 3 min- National Basketball Association (NBA) Whereas Dwyane Wade, of the Miami Heat, utes left to play; World Championship and for their out- was named the 2006 NBA Finals Most Valu- Whereas Alonzo Mourning, returning from standing performance during the 2005–2006 able Player; a nearly career-ending kidney illness and NBA season; and Whereas the Miami Heat defeated the Chi- kidney transplant, came up with 6 rebounds (B) Miami Heat guard Dwyane Wade for cago Bulls in 6 games in the first round of and 5 monster blocked shots to turn the tide winning the 2006 NBA Finals Most Valuable the NBA playoffs; in game 6 of the NBA Finals; Player Award; Whereas the Miami Heat defeated the New Whereas Gary Payton, having consistently (2) recognizes and praises the achievements Jersey Nets in 5 games in the second round shown his greatness on two near-champion- of the Miami Heat players, coaches, manage- of the NBA playoffs; ship NBA teams, hit a 21-foot jumper to save ment, and support staff whose hard work, Whereas, in the third round of the NBA and seal a comeback victory for the Miami dedication, and resilience proved instru- playoffs, the Miami Heat defeated the De- Heat in game 3 of the NBA Finals; mental throughout the Miami Heat’s cham- troit Pistons, their archrival and the defend- Whereas Jason Williams shot a team-high pionship season; ing Eastern Conference Champions, in 6 34 percent from the three-point line and led (3) commends the south Florida commu- games; the Miami Heat in assists during the NBA nity and the Miami Heat fans for their dedi- Whereas the ‘‘White Hot’’ Miami Heat fans Finals, while directing the Miami Heat of- cation; and sold out the American Airlines Arena and fense from the point guard position; (4) directs the Clerk of the House of Rep- cheered on their hometown team; Whereas Antoine Walker, the Miami Heat’s resentatives to transmit an enrolled copy of Whereas the Miami Heat remained per- second-highest scorer in the NBA Finals, this resolution to— sistent and continued to believe in them- scored 14 points and kept the Miami Heat in (A) each of the Miami Heat players; selves throughout the playoffs; important point-scoring opportunities by (B) Pat Riley, Miami Heat Head Coach and Whereas the Miami Heat are the first team pulling down 11 big rebounds in game 6 of the President of Basketball Operations; since 1977 to win 4 NBA Finals games con- NBA Finals; (C) Micky Arison, Miami Heat owner and secutively after losing the first two games, Whereas Udonis Haslem, playing with a Managing General Partner; and in doing so, the Miami Heat made one of badly injured shoulder, showed the heart of a (D) Randy Pfund, Miami Heat General the most stunning turnarounds in NBA his- champion by contributing 17 points, 10 re- Manager; tory; bounds, and 2 steals, one of which was with (E) Eric Woolworth, Miami Heat President Whereas the Miami Heat became just the time winding down; of Business Operations; third team in the history of the NBA Finals Whereas Shaquille ‘‘Shaq’’ O’Neal came to (F) Andy Elisburg, Miami Heat Senior Vice to win a series after losing the first two the Miami Heat and on July 21, 2004 said, ‘‘I President of Basketball Operations; games, and the first team in the history of want ya’ll to remember this day, because (G) each of the Miami Heat coaches and the NBA Finals to do so after losing the first we’re going to do it again in June. I’m going trainers; two games by double-digit margins; to bring a championship to Miami. I promise (H) the Honorable Manny Diaz, Mayor of Whereas this is the first NBA champion- you.’’; the City of Miami, Florida; ship title for the Miami Heat, which has long Whereas Shaq delivered over 1,100 points, (I) the Honorable Carlos Alvarez, Mayor of been one of the most outstanding basketball 104 blocks, 113 assists, and 541 rebounds in Miami-Dade County, Florida; and programs in the Nation; the regular season, adding another 83 points, (J) the Honorable Jeb Bush, Governor of Whereas Pat Riley, the head coach of the 5 blocks, 17 assists, and 33 rebounds in the the State of Florida. Miami Heat, has cemented his legacy as one NBA Finals for his fourth NBA championship of basketball’s all-time great head coaches The SPEAKER pro tempore. Pursu- title; by winning his fifth NBA championship title; ant to the rule, the gentlewoman from Whereas Dwyane Wade scored 42, 36, 43, and Whereas, in game 3 of the NBA Finals, the 36 points in the Miami Heat’s NBA Finals Florida (Ms. ROS-LEHTINEN) and the Miami Heat were losing by 13 points on their gentleman from Florida (Mr. MEEK) home floor with only 6 minutes 30 seconds victories, leading all scorers; Whereas, in the NBA Finals, Dwyane Wade each will control 20 minutes. left; The Chair recognizes the gentle- Whereas the Miami Heat came back with had the Miami Heat’s second-highest re- the tenacity of Dwyane Wade and won game bound total, with 47; the second-highest woman from Florida. 3 of the NBA Finals by 2 points; number of assists, with 28; the second-high- GENERAL LEAVE Whereas Micky Arison, owner and Man- est number of blocks, with 6; the highest free Ms. ROS-LEHTINEN. Mr. Speaker, I throw percentage, at 77 percent; and the aging General Partner of the Miami Heat; ask unanimous consent that all Mem- Pat Riley, Head Coach and President of Bas- highest point total from the free-throw line, with 75; all in route to his first NBA Finals bers may have 5 legislative days within ketball Operations; Randy Pfund, General which to revise and extend their re- Manager; Eric Woolworth, President of Busi- Most Valuable Player award; ness Operations; and Andy Elisburg, Senior Whereas the Miami Heat coaching and sup- marks and include extraneous material Vice President of Basketball Operations, port staff, including Head Coach Pat Riley; on the resolution under consideration. have shown a positive commitment to the Assistant Coaches Bob McAdoo, Keith The SPEAKER pro tempore. Is there Miami Heat franchise by successfully acquir- Askins, Erik Spoelstra, and Ron Rothstein; objection to the request of the gentle- ing, assembling, and maintaining a team of Assistant Coach/Advance Scout Bimbo Coles; woman from Florida? high-quality, winning players; Strength and Conditioning Coach Bill Foran; There was no objection. Whereas ‘‘15 strong’’ brought the first NBA Athletic Trainer Ron Culp; and Assistant Trainer Jay Sabol, exhibited exemplary lead- Ms. ROS-LEHTINEN. Mr. Speaker, I championship title to the City of Miami; yield myself such time as I may con- Whereas the Miami Heat team of skilled ership and guidance to the team; players, including Derek Anderson, Shandon Whereas the Miami Heat have not only sume. Anderson, Earl Barron, Michael Doleac, been players on the court, but have also been Mr. Speaker, I would like to take Udonis Haslem, Jason Kapono, Alonzo instrumental role models to the south Flor- this opportunity to congratulate south Mourning, Shaquille O’Neal, Gary Payton, ida community; Florida’s own Miami Heat for winning James Posey, Wayne Simien, Dwyane Wade, Whereas the Miami Heat organization has the 2006 NBA championship. This mo- Antoine Walker, Jason Williams, and Dorell a positive civic impact on the south Florida mentous occasion marks the first NBA community through the Miami HEAT Fam- Wright, contributed extraordinary perform- championship title for the Heat, a ances during the regular season, the NBA ily Outreach Charitable Fund, Heat Acad- playoffs, and the NBA Finals; emy, Heat Scholarships, Miami Heat Read to young franchise with a proud basket- Whereas veteran Michael Doleac, and fu- Achieve, Miami Heat Fun-Raiser, Miami ball tradition. ture stars Jason Kapono, Wayne Simien, Heat Wheels, Shoot For the Stars Books and Despite some hardships in the begin- Dorell Wright, Earl Barron, and Matt Walsh, Basketball Summer Clinics, Heat Youth Bas- ning of the 2005–2006 season, the Miami helped shape the Miami Heat by preparing ketball, and the Miami Heat Learn to Swim Heat remained persistent throughout the starters for the postseason, giving the Program; and the playoffs and the finals. starters tough practices and quality scrim- Whereas the Miami Heat fans are a part of I would like to recognize especially mages; this championship by supporting the team the Heat fans, as they are an integral Whereas Shandon Anderson and Derek An- and giving the team the energy, strength, derson added to the Miami Heat’s experience love, and passion to compete each and every part of this championship. Their re- base by bringing their knowledge and NBA season: Now, therefore, be it lentless support energized the Heat Finals experience from runner-up finishes in Resolved, That the House of Representa- players to compete each and every Utah and San Antonio, respectively; tives— game. The ‘‘White Hot’’ Heat fans also

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12568 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 helped to sell out the American Air- only assist both teams because they I appreciate the efforts of both of my lines arena and cheer their hometown have arenas in both cities. They do colleagues from south Florida, particu- team on to victory. An estimated quite a bit in both cities, and they also larly Dade County, for introducing this 200,000 Heat fans came together last help fans travel back and forth to the resolution, H. Res. 887. I rise in strong Friday during a parade down Biscayne games. I can tell you that this is espe- support, and I want to congratulate the Boulevard to celebrate the team’s first cially unique for Miami because we Miami Heat for winning the 2006 NBA championship in 18 years as a fran- have so many of the players who have championship. chise. been in the NBA for so long. As chairman of the Travel and Tour- The Miami Heat players are not only Just on a personal note, a personal ism Caucus, I would also like to signal an inspiration on the court, Mr. Speak- friend of mine, Alonzo Mourning, has a a hearty good luck to the American er, but they are also role models to the youth center in the middle of my dis- Airlines arenas, hosting both the Mav- youth of south Florida. Through its trict in Overtown, which is one of the ericks and the Heat. They had the good many charitable organizations, such as areas where children are challenged, in fortune of having the naming rights on the Miami Heat Family Outreach Char- a safe place to be. He has been able to both of those facilities; so they too itable Fund, Heat Scholarships, and provide that and is leading into his have benefited significantly from this. the Miami Heat Read to Achieve pro- 10th year of a program called Zo’s American Airlines is an important air- gram, the Heat franchise has contrib- Summer Groove where a number of line in Florida into the Miami market uted to the well-being of our commu- NBA players come to south Florida, and to Latin America; so they too join nity. along with the Miami Heat, and raise a in the celebration as well. The Heat coaching and support staff, lot of money for great kids. Since taking over the Heat a decade led by head coach Pat Riley and owner, And I am also pleased with the ago, owner Micky Arison has built the Micky Arison, have shown a positive coaching staff. I want to thank the Heat into one of the NBA’s marquee commitment to the Heat franchise by members of the Florida delegation and franchises. His steadfast leadership has successfully acquiring, assembling, and Ms. ROS-LEHTINEN for putting in and now been rewarded with his first NBA maintaining a team of high-quality mentioning the coaching staff and the championship. winning players. And, of course, we front office there at the Miami Heat I want to congratulate coach Pat need to applaud the achievements of and Pat Riley, who has done an excel- Riley. As many of you know, Coach the Miami Heat players, whose hard lent job and who will go down in NBA Riley returned to the Heat bench part work and dedication proved instru- history as one of the greatest coaches way into the season and led his team to mental throughout this NBA cham- ever coaching the game. a successful regular season and to the pionship. For the Miami Heat fans, we can’t NBA finals. He brought together a The outstanding support given by the say enough. This resolution also out- team of many different personalities, city of Miami, Miami-Dade County, lines their contributions. Some 200,000 leading them as one cohesive unit. and the State of Florida were all cru- members of south Florida’s community I also want to recognize finalist MVP cial in forging one of the best teams we came out in celebration of the Miami Dwyane Wade. Anyone watching could have ever seen. Heat. And as we all know, Dwyane see that Mr. Wade elevated his game to Congratulations to our 15-strong Wade, and we all know Shaquille another level during the finals. The Miami Heat team for bringing the first O’Neal, there are a number of players Heat found themselves down two games NBA title, the first of many, Mr. there that have contributed quite a bit; to none and down by 13 points with Speaker, to the city of Miami and to and I can tell you that that sixth play- only 6 minutes remaining in game everyone who has participated in this er on the court has always been the three. This was when Mr. Wade took magnificent season. Miami Heat fans. Even when the Heat over and led the Heat to a roaring Mr. Speaker, I reserve the balance of are out of town, I think we have a good comeback before a cheering crowd at my time. travel team that goes along with them, American Airlines Arena. Mr. MEEK of Florida. Mr. Speaker, I Heat fans, and I know the ‘‘White Hot’’ And we all know the Heat could not yield myself such time as I may con- fans that are still white hot for the have done this without the outstanding sume. Heat are still celebrating and still ap- effort and leadership of Shaquille Mr. Speaker, it is definitely an honor preciating. As we are here now tonight, O’Neal. When Mr. O’Neal was traded to being here on the floor with my col- Mr. Speaker, Shaquille O’Neal who is the Heat in the summer of 2004, he league ILEANA ROS-LEHTINEN and also one of the outstanding philanthropic promised he would bring a champion- other colleagues from the Florida dele- members of our community and who ship to Miami, and he held true to his gation to commend the Miami Heat. I cares so much about the people, he is promise. am so glad my colleagues are here. actually putting on a celebration party I also feel special recognition is in As we know, the Miami Heat was a on South Beach as we speak. order for veteran players Gary Payton team that kind of came together over a Mr. Speaker, I reserve the balance of and Alonzo Mourning. This is a well-de- period of 19 years to be able to bring my time. served championship for Alonzo as he about the kind of championship series Ms. ROS-LEHTINEN. Mr. Speaker, I has battled back from kidney disease that we have been able to witness over yield myself 1 minute. and a kidney transplant to win his first the last couple of weeks. I just would like to congratulate Mr. championship. I would like to commend the Dallas MEEK for rallying the support of our Mavericks for a hard-fought game, and delegation behind the Miami Heat. b 1845 I believe that it was a game of life. I Throughout every game, even those This is a remarkable feat of accom- mean, there were mistakes made and first tough ones, he was passing out plishment for any human being, much there were also ups and downs; but I beads for the Miami Heat and rallying less a player of which so much is de- can tell you when the Miami Heat was support, along with Members of this manded on the court. down by two games, they came fighting body, even giving Heat beads to Dallas I commend all the players and every- back and it was not easy, and I want to fans. So he was winning converts one one involved with the Heat organiza- thank not only the Dallas fans but es- fan at a time. tion, including such fans as my local pecially the Miami fans, and I want to Mr. Speaker, I would like to yield supporter, Richard Bernstein, who was thank the NBA in general for all of such time as he may consume to an- here in D.C. and decided to fly home their assistance to local communities other fan of the Miami Heat champion- during the finals to his regular seat in in Miami and also in Dallas. ship season, my good friend, Mr. the arena. He has been a passionate ad- I would also like to, as we commend FOLEY. vocate for the Heat. He has never given the Miami Heat, commend American Mr. FOLEY. Mr. Speaker, I thank the up on them, no matter how dismal the Airlines for all that they did to not gentlewoman for yielding. season; and, of course, his loyalty and

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12569 steadfast determination to sit by the The question was taken; and (two- help in bringing missing children Heat players as they went season to thirds having voted in favor thereof) home. According to the National Cen- season has been amply rewarded by the rules were suspended and the reso- ter for Missing and Exploited Children, this outstanding victory. lution was agreed to. one out of every six children featured South Florida is thrilled. We will A motion to reconsider was laid on on these notices are recovered. cherish and remember this 2006 world the table. This bill will allow Members of Con- championship. To all the fans who have gress and Federal agencies to continue f given loyal support to the team, we to assist in the recovery of missing thank them as well. All Florida cele- REAUTHORIZING PERMANENTLY children by authorizing them to in- brates the Miami Heat’s championship. USE OF PENALTY AND FRANKED clude missing child notices on their of- Mr. MEEK of Florida. Mr. Speaker, I MAIL RELATING TO LOCATION ficial and franked mail envelopes. The yield myself such time as I may con- AND RECOVERY OF MISSING wider these notices are disseminated, sume. CHILDREN the greater the chances that someone Mr. Speaker, I thank my colleague will recognize a missing child and con- Ms. ROS-LEHTINEN. Mr. Speaker, I from Palm Beach for sharing those tact the proper authorities. move to suspend the rules and pass the very thoughtful comments. Mr. Speaker, I urge my colleagues to bill (H.R. 4416) to reauthorize perma- Mr. Speaker, I want to say how im- support this legislation. nently the use of penalty and franked portant this is not only for South Flor- Mr. Speaker, I reserve the balance of mail in efforts relating to the location ida but also for the country. This team my time. and recovery of missing children. is a team of individuals that have been Mr. MEEK of Florida. Mr. Speaker, I The Clerk read as follows: on NBA rosters for some time, and also yield myself such time as I may con- some newcomers. Dwyane Wade was H.R. 4416 sume. not known by the rest of the country Be it enacted by the Senate and House of Rep- Mr. Speaker, I am pleased to join my prior to this NBA championship and resentatives of the United States of America in colleagues in consideration of H.R. this series. Congress assembled, 4416, legislation sponsored by Rep- Just from a personal note, I took my SECTION 1. REPEAL OF TERMINATION OF AU- resentative MILLENDER-MCDONALD, two children to the game five; and it THORITY TO USE PENALTY AND which would permanently reauthorize was one of the most enjoyable games I FRANKED MAIL TO LOCATE AND RE- COVER MISSING CHILDREN. the use of franking and penalty mail by have ever witnessed in my entire life. Public Law 99–87 is amended by striking Congress and Federal agencies and de- Being there with my children and see- section 5 (39 U.S.C. 3220 note). partments. This measure, which was ing so many other parents there with unanimously reported from the Gov- their children witnessing such a game The SPEAKER pro tempore. Pursu- ant to the rule, the gentlewoman from ernment Reform Committee on June 8, between two great NBA teams was would allow Members to assist in ef- something I know they will never for- Florida (Ms. ROS-LEHTINEN) and the gentleman from Florida (Mr. MEEK) forts to locate and to recover missing get and something I will never forget. children. Mr. Speaker, I hope we can continue each will control 20 minutes. First enacted in 1985, this program this. Like Ms. ROS-LEHTINEN has said, I The Chair recognizes the gentle- authorized the Office of Juvenile Jus- hope this is just the first of several res- woman from Florida. tice and Delinquency Prevention of the olutions. I look forward to coming to GENERAL LEAVE Department of Justice to prescribe the floor commending the Miami Heat Ms. ROS-LEHTINEN. Mr. Speaker, I guidelines under which the government and commending the fans. ask unanimous consent that all Mem- and franked mail may be used to help But to my friends from Texas and bers may have 5 legislative days within find and recover missing children. The from Dallas, I just want to let them which to revise and extend their re- law also authorized the Senate Com- know they have a great team, also; and marks and include extraneous material mittee on Rules and the House Com- we look forward to beating them, I on the bill under consideration. mean playing with them, in the future mission on Congressional Mailing The SPEAKER pro tempore. Is there Standards to establish guidelines for as we move on. objection to the request of the gentle- Mr. Speaker, I yield back the balance the use of franked mail in the House woman from Florida? and Senate. of my time. There was no objection. Ms. ROS-LEHTINEN. Mr. Speaker, I Although the law was reauthorized Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself 1 minute. three times, the underlying statutory yield myself such time as I may con- Mr. Speaker, I would like to thank authority expired in 2002. H.R. 4416 sume. my staff member, Eddy Acevedo, for would permanently reauthorize this his work in getting all of our Florida Mr. Speaker, I rise today in support very important effort. The placement delegation united on this resolution. of H.R. 4416, a bill which permanently of photos of missing children on gov- As my good friend from Florida (Mr. reauthorizes the use of penalty and ernment and congressional mail will MEEK) has pointed out, the Miami Heat franked mail in efforts relating to the greatly assist in locating and recov- players are not only tremendous ath- location and recovery of missing chil- ering children. letes, outstanding people, but they also dren. This bill was passed by the Gov- Mr. Speaker, I commend my col- give back to the community so much. ernment Reform Committee by a voice league, Ranking Member MILLENDER- We thank them for their contribution vote on June 8. MCDONALD, for sponsoring this bill; and to making South Florida a better place I would like to thank my colleague I urge my colleagues to include photos in which to live. from California, Juanita Millender- of missing children on their official Mr. Speaker, I urge all Members to McDonald, for sponsoring this very im- and franked mail. support the adoption of House Resolu- portant bill. Mr. Speaker, I yield back the balance tion 887. According to the U.S. Department of of my time. Mr. Speaker, I yield back the balance Justice, every day more than 2,100 chil- Ms. ROS-LEHTINEN. Mr. Speaker, I of my time. dren are reported missing somewhere yield myself 1 minute. The SPEAKER pro tempore. The in the United States. We are all famil- Mr. Speaker, I include for the question is on the motion offered by iar with the missing child notices that RECORD a letter from Congressman the gentlewoman from Florida (Ms. appear in the media, on government of- Vernon Ehlers, chairman of the Com- ROS-LEHTINEN) that the House suspend fice bulletin boards, on advertising mittee on House Administration, re- the rules and agree to the resolution, mail and, of course, on milk cartons. garding the bill before us that is under H. Res. 887. These notices provide immeasurable consideration.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12570 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 HOUSE OF REPRESENTATIVES, COM- Area. Like our FTA with Bahrain that on the United States Government to MITTEE ON HOUSE ADMINISTRA- the Congress approved in December dismiss all charges against Lieutenant TION, LONGWORTH HOUSE OFFICE 2005, and our FTA with Morocco that Pantano who had defended the cause of BUILDING, was approved in July 2004, this FTA of- freedom, democracy and liberty, while Washington, DC, June 14, 2006. serving as a platoon commander in Hon. J. DENNIS HASTERT, fers another important opportunity to Speaker, House of Representatives, encourage economic reform in a mod- Iraq. U.S. Capitol, Washington, DC. erate Muslim nation. Oman is leading In an action of self-defense, Lieuten- DEAR MR. SPEAKER: I write concerning the pursuit of social and economic re- ant Pantano made a split-second bat- H.R. 4416, a bill to permanently reauthorize forms in the region, including by sell- tlefield decision to shoot two suspected the use of penalty and franked mail in ef- ing state-owned businesses, encour- Iraqi insurgents who refused to follow forts relating to the location and recovery of aging foreign investment connected to his orders to stop their movement to- missing children. H.R. 4416 was ordered re- broad-based development and providing wards him. Lieutenant Pantano did his ported by the Committee on Government Re- duty as any marine officer should when form on June 8, 2006. better protection for women and work- ers. It is strongly in our national inter- faced with the enemy. As you know, the Committee on House Ad- Following a 5-day military hearing in est to embrace these reforms and do ministration received a joint referral on the May 2005, the truth of Lieutenant bill because of the Committee’s jurisdiction what we can to encourage them. Pantano’s innocence prevailed, and he over matters concerning Congressional GEORGE W. BUSH. was cleared of all charges. Lieutenant franking privileges. However, in order to ex- THE WHITE HOUSE, June 26, 2006. pedite this legislation for floor consider- Pantano left the Marine Corps fol- ation, the Committee will forgo action on f lowing the dismissal of the charges this bill. This is being done with the under- PRIVILEGED REPORT ON RESOLU- brought against him, as the media standing that it does not in any way preju- TION OF INQUIRY TO THE PRESI- frenzy surrounding his case may have dice the Committee with respect to the ap- DENT put him or other corps members at pointment of conferees or its jurisdictional greater risk were he to return to duty. prerogatives on this or similar legislation. Mr. SENSENBRENNER, from the As an outstanding leader and dedi- Sincerely, Committee on the Judiciary, submitted cated servant to the Marine Corps and VERNON EHLERS, an adverse privileged report (Rept. No. our Nation, I believe Lieutenant Chairman. 109–528) on the resolution (H. Res. 845) Pantano’s resignation was a great loss Ms. ROS-LEHTINEN. Mr. Speaker, I requesting the President and directing for the Marine Corps and a great loss yield back the balance of my time; and the Secretary of Defense and the Attor- for America. Mr. Speaker, I recall I hope that our colleagues support this ney General to transmit to the House these events to draw attention to the important legislation. of Representatives not later than 14 recent release of a memoir by Lieuten- The SPEAKER pro tempore. The days after the date of the adoption of ant Pantano, coauthored by Malcolm question is on the motion offered by this resolution, documents relating to McConnell, entitled: ‘‘Warlord, No Bet- the gentlewoman from Florida (Ms. the termination of the Department of ter Friend, No Worse Enemy.’’ ROS-LEHTINEN) that the House suspend Justice’s Office of Professional Respon- Ilario Pantano first enlisted in the the rules and pass the bill, H.R. 4416. sibility’s investigation of the involve- Marine Corps at the age of 17 and was The question was taken; and (two- ment of Department of Justice per- inspired to reenlist following the ter- thirds having voted in favor thereof) sonnel in the creation and administra- rorist attack of September 11 of 2001, 10 the rules were suspended and the bill tion of the National Security Agency’s years after his service as an elite ma- was passed. warrantless surveillance program, in- rine sniper and a veteran of Desert A motion to reconsider was laid on cluding documents relating to Office of Storm. the table. Professional Responsibility’s request Answering the patriotic call to duty, f for and denial of security clearances, Lieutenant Pantano voluntarily left a successful career in finance to head to UNITED STATES-OMAN FREE which was referred to the House Cal- endar and ordered to be printed. officer’s training school in Quantico, TRADE AGREEMENT—MESSAGE Virginia. As a platoon commander in FROM THE PRESIDENT OF THE f Iraq, Lieutenant Pantano was praised UNITED STATES (H. DOC. NO. 109– SPECIAL ORDERS by his fellow marines and superiors as 118) a capable and devoted leader and an in- The SPEAKER pro tempore under telligent and motivated officer who The Speaker pro tempore laid before the Speaker’s announced policy of Jan- embodied the Marine Corps principles the House the following message from uary 4, 2005, and under a previous order the President of the United States; of honor, courage, and commitment. of the House, the following Members As someone who had the pleasure of which was read and, together with the will be recognized for 5 minutes each. accompanying papers, without objec- meeting Lieutenant Pantano, along tion, referred to the Committee on f with his lovely wife, Jill, and his two sons, I believe every American would Ways and Means and ordered to be b 1900 printed: benefit from reading the inspiring To the Congress of the United States: ILARIO PANTANO’S MEMOIR story of such a great American and a I am pleased to transmit legislation Mr. JONES of North Carolina. Mr. military hero. Mr. Speaker, I am confident that and supporting documents to imple- Speaker, I ask unanimous consent that those who read Lieutenant Pantano’s ment the United States-Oman Free I might speak at this time. story will come to a better under- Trade Agreement (FTA). This FTA en- The SPEAKER pro tempore. Without standing of the depth of his strength hances our bilateral relationship with objection, the gentleman from North and heroism, both on the battlefield a strategic friend and ally in the Mid- Carolina is recognized for 5 minutes. and in the courtroom. dle East region. The FTA will benefit There was no objection. Mr. Speaker, I close by asking God to the people of the United States and Mr. JONES of North Carolina. Mr. please bless the men and women in uni- Oman, illustrating for other developing Speaker, on April 5, 2005, I rose on the form and to ask God to continue to countries the advantages of open mar- House floor in defense of former Marine bless America. kets and increased trade. Lieutenant Ilario Pantano, who had f In negotiating this FTA, my Admin- been accused of premeditated murder istration was guided by the objectives for his actions in April 2004 that re- RAISING AWARENESS OF AUTISM set out in the Trade Act of 2002. Con- sulted in the deaths of two suspected The SPEAKER pro tempore. Under a gressional approval of this FTA will Iraqi insurgents. previous order of the House, the gen- mark another important step towards At that time I encouraged my col- tleman from Florida (Mr. BILIRAKIS) is creating a Middle East Free Trade leagues to support a resolution calling recognized for 5 minutes.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12571 Mr. BILIRAKIS. Mr. Speaker, I rise REPORT ON RESOLUTION PRO- be very robust, consistent with the today to bring attention to a disease VIDING FOR CONSIDERATION OF trend of strong growth since 2003. that has a profound impact on those it H.R. 5672, SCIENCE, STATE, JUS- In the first quarter of 2006, the econ- afflicts. Autism is a bioneurological de- TICE, COMMERCE, AND RELATED omy expanded at a blistering rate of 5.3 velopmental disability that generally AGENCIES APPROPRIATIONS percent. Now, these are all figures and appears before the age of 3. ACT, 2007 statistics that we can vividly see be- cause, in effect, we have already been Autism impacts the normal develop- Mr. GINGREY, from the Committee through them. Looking ahead is a ment of the brain in the areas of social on Rules, submitted a privileged report somewhat more difficult exercise, and interaction, communication skills, and (Rept. No. 109–529) on the resolution (H. Res. 890) providing for consideration of an exercise that I often refer to others cognitive function. Individuals with with whom I communicate from time autism typically have difficulties com- the bill (H.R. 5672) making appropria- tions for Science, the Departments of to time. municating and interacting with oth- State, Justice, and Commerce, and re- I have here in my hand a copy of the ers and often engage in repetitive be- lated agencies for the fiscal year end- ‘‘Blue Chip Economic Indicators Top haviors. Individuals with autism often ing September 30, 2007, and for other Analysts Forecast of U.S. Economic suffer from numerous physical ail- purposes, which was referred to the Outlook for the Year Ahead.’’ ments, which may include allergies, House Calendar and ordered to be This blue chip economic indicator asthma, epilepsy, digestive disorders, printed. document was actually issued just a persistent viral infections, feeding dis- f few days ago on June 10. And for those orders, sensory integration dysfunc- who may not be familiar with this re- tion, sleeping disorders and more. REPORT ON RESOLUTION PRO- port, it is essentially a compilation of Some may be surprised, Mr. Speaker, VIDING FOR CONSIDERATION OF the beliefs based on what they see, of a to learn that autism is diagnosed four H.R. 4973, FLOOD INSURANCE RE- variety of organizations and individ- times more often in boys than girls. Its FORM AND MODERNIZATION ACT uals from organizations which will be OF 2006 prevalence is not affected by race, re- quite familiar if you hear who they are. gion or socioeconomic status. Accord- Mr. GINGREY, from the Committee There are actually 50-plus organiza- ing to the National Autism Associa- on Rules, submitted a privileged report tions that take part in this process, or- tion, autism and related developmental (Rept. No. 109–530) on the resolution (H. ganizations like Bear Stearns, Lehman Brothers, Goldman Sachs, the National disorders affect one in 166 people across Res. 891) providing for consideration of Association of Home Builders, Merrill- the country, 10 times as many as just a the bill (H.R. 4973) to restore the finan- Lynch Economics, General Motors Cor- decade ago. cial solvency of the national flood in- surance program, and for other pur- poration, Standard and Poor’s. And No one knows for certain what causes poses, which was referred to the House those, of course, are just a few of the autism. Some believe that anything Calendar and ordered to be printed. more than 50 organizations that take from genetics to certain vaccines can part in this economic forecast. f lead to autism. Those with infants and You might suspect that since I have toddlers should watch for the early JOBS AND THE ECONOMY got it here with me it is good news, and signs of autism, which include no big The SPEAKER pro tempore. Under it is good news for the economy going smiles by 6 months, no sharing of the Speaker’s announced policy of Jan- forward. It projects that in the second sounds, smiles or facial expressions by uary 4, 2005, the gentleman from New quarter of this year, the quarter that 9 months, and no babbling by 12 Jersey (Mr. SAXTON) is recognized for will end just a few days from now on months, no words by 18 months, and 60 minutes as the designee of the ma- June 30, the economic growth rate, the any loss of speech or social skills at jority leader. GDP, will continue to grow at almost 3 any age. Mr. SAXTON. Mr. Speaker, I rise at percent; and in the third quarter of this year at 2.9 percent; in the fourth I wish to repeat that, Mr. Speaker: this time to say a few words about the U.S. economy, which has been actually quarter of this year at 2.8 percent; those with infants and toddlers should quite good. It is quite amazing for us jumping back up in two quarters of watch for the early warning signs of here in the House with all of the re- next year to 3.1 and 3 percent respec- autism, which include no big smiles by sponsibilities that we have and with all tively. 6 months, no sharing of sounds, smiles of the responsibilities outside of the And so these are good numbers; and or facial expressions by 9 months, no beltway that the American people have so going forward, based on the eco- babbling by 12 months, no words by 18 to just take a minute or a few minutes, nomic basis that we have been able to months, and any loss of speech or so- I guess, to review the current economic set in our country, we expect things to cial skills at any age. situation. continue to do quite well. The improve- Autism, however, does not affect life Mr. Speaker, as the chairman of the ment in economic growth in recent expectancy. Currently there is no cure Joint Economic Committee, some of years is reflected by some very good for autism, though with early interven- the observations are quite apparent to economic figures. For example, since tion and treatment, the diverse symp- me, and I just wanted to share these August 2003, business payrolls have in- toms related to autism can be greatly observations with my colleagues and creased by over 5.3 million jobs. The improved. This makes it imperative with others who may be present. unemployment rate stands at a low 4.6 that appropriate resources are avail- According, Mr. Speaker, to most neu- percent. Consumer spending continues able to help people with autism and tral observers, including the Federal to grow, and the number of American families who own their own homes is at their families. Reserve and a consensus of private economists, the economy is doing quite an all-time high. Mr. Speaker, I intend to take to this well and is quite healthy. Indeed, if The household net worth for families floor over the coming weeks and anything, there seems to be a little in the United States is also at a record months to highlight the impact autism concern in some quarters that the high. Productivity growth continues at has on those it afflicts and those who economy may have been growing too a healthy pace. Long-term inflation care for them. I hope by doing so that fast, a concern with which I do not pressures appear to be contained at I can help raise awareness about this agree. about 2.7 percent or so. Long-term in- disease and encourage greater under- The economy actually grew 4 percent terest rates, including mortgage rates standing about the importance of re- in 2004 and advanced at a rate of about are still relatively low. I can relate to search into its prevention, detection 3.5 percent in 2005. The growth rate for this very well. I was in the real estate and treatment. the first quarter of 2006 is expected to business for 20 years before I came

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12572 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 here. I can remember in the 1960s sell- in the world. This report examines the The rate of inflation is more good ing houses with 6 percent, with mort- performance of a peer group of large news. It has remained contained gages that carried an interest rate of 6 developed economies from 2001 to the throughout the countries that were percent. It was pretty much a standard present time. The peer group included studied. As I noted a little while ago in rate. Canada, Japan, the United States, and the United States, interest rates are Then as the years went by and infla- 25 member states of the European comparatively low with other coun- tionary pressures took hold, inflation Union. tries. drove interest rates to 6 percent, 61⁄2 Recently, we updated this report to And so as we look at the economy percent, 8 percent, 10 percent. Mr. bring it current. The United States and generally, we believe that we have done Speaker, I can even remember interest Canada in the most recent version of some things right. I mentioned tax pol- rates on home mortgages being 19 per- this report tied for first place in eco- icy a minute ago. Let me mention one cent, and of course that shut the mar- nomic growth among the major devel- other item which I think is extremely ket down. oped economies with an average gross important. While we give credit to our Recently, interest rates for home domestic product growth of 2.6 percent friends at the Federal Reserve, interest mortgages have been at about 5 per- a year from 2005 to the current period. rates are a direct reflection, or follow cent. But today, even today, when we That compares with just 1.6 percent along as a reflection, I guess is a better think about interest rates being higher economic growth in the European way of putting it, of the rate of infla- than they were a year or a year and a Union and 1.5 percent in Japan. The pe- tion. And so we have to give credit to half ago, they are still at about the riod includes the economic slowdown our friends at the Federal Reserve who 1960s level of 6 percent or a little bit after the collapse of the stock market have done a great job in controlling in- higher. bubble in 2000 and the terrorist attack flation. So low interest rates are still an in- of 2001. Another prominent feature of the re- centive to economic growth. In addi- However, after Congress cut taxes on cent U.S. economy is in fact a lower tion, the resilience and flexibility of capital gains and dividends and pro- and more stable rate of inflation than the economy have overcome a number vided business with incentives in May we have experienced in quite some of serious shocks: the war, the attacks of 2003, the United States enjoyed the time. The persistently low rate of in- flation depicted on this chart there has on 9/11, and of course most recently the highest rate of economic growth among helped to calm financial markets and hurricanes of last year, all disruptive the major developed countries. reduce risk. This persistently lower influences which have not been as dis- This is a point that I would just like rate of inflation has in turn fostered ruptive as one may have thought. to stop and pause for a moment to talk a little bit more about. We knew that lower expectations of future inflation b 1915 economic growth while we were grow- and consequently helped to lower the Equipment and software investment ing beginning in the fourth quarter of lid and keep interest rates low. As we look here, we see that back in has been strong. It is clear that the 2001, when we began to grow, job the eighties we had relatively high in- Federal Reserve remains poised to keep growth was very slow. The President flation, and as we went through the inflation under control. All good news. said, and the Congress agreed, that if nineties, we can see that inflation ac- The only soft spot that we see in the we gave business some incentives to in- tually dropped below 2 percent and has economy is in the housing sector. It vest, that investment in fact would persistently stayed below 2 percent. seems to be slowing somewhat, al- take place and that we would grow. The Fed has in essence adopted an im- though it appears that a soft landing is That actually happened. plicit inflation targeting approach most likely. So in the recent policy re- As we see on this chart, we had this which has been very good for economic port to Congress, like the Blue Chip In- valley of very slow growth and very lit- dicators, the Federal Reserve noted growth. tle invested in the economy during 2001 I would like to just conclude my por- that the U.S. economy delivered a solid and 2002. But after the tax cuts that tion of these remarks by saying that performance in 2005. took place in the first quarter of 2003, the blue chip indicators look good Furthermore, the Fed observed that business investment occurred rapidly going forward and we have done some the U.S. economy should continue to and it helped to spur economic growth things right both here in the House and perform well in 2006 and 2007. In sum- throughout the economy. For example, at the Federal Reserve. One of the mary, overall economic conditions ap- the United States created more jobs things that I like to say about eco- pear to remain positive. The U.S. econ- than any other major economy from nomic growth is that no matter what omy has displayed remarkable flexi- 2001 to 2006: 6 million jobs as of today we do here, economic growth can’t bility and resilience in dealing with created in the United States, 5.7 mil- take place without the continued en- many shocks. The administration fore- lion jobs in the European Union, 1.5 thusiastic participation of the Amer- cast for economic growth in 2006 is million jobs in Canada, and a loss of al- ican worker. We try to provide those comparable with those of the blue chip most 1 million jobs in Japan. opportunities as best we can through consensus and the Federal Reserve. The unemployment rate. In March of our tax and spending policies, through With growth expected to be about 3.5 2006, the United States had an unem- the Federal Reserve’s policy, through percent in 2006, the current economic ployment rate of 4.6 percent. That is business incentives that we time and situation is solid and the outlook re- the second lowest among the major de- again put in place to encourage things mains favorable. veloped economies. Only Japan was to happen. But in the final analysis, it Mr. Speaker, in December of 2005, better with 4.1. Canada was actually is the American working man and this is another way to look at the econ- 6.4. Here is the unemployment rate in woman out there in the private sector omy, the Joint Economic Committee the United States; 4.6 percent in the that make economic growth possible. issued a report, under my direction, en- yellow bar, actually 6.3 percent in Can- I would like to yield at this point to titled ‘‘U.S. Economy Outperformed ada, and 8.4 percent unemployment my friend from Georgia (Mr. GINGREY) the Canadian, European and Japanese rate in the European Union. who would like to add some thoughts Economies Since 2001.’’ When we look In industrial production, another ex- perhaps to what I have said. at our U.S. economy and have compari- ample, from January 2001 to February Mr. GINGREY. I appreciate the gen- sons within the economy, that is one 2005, the United States ranks first in tleman from New Jersey yielding, and I way to look at economic growth. But the growth of industrial production thank him, Mr. Speaker, for bringing another way is to compare it with what among major developed economies. In- these statistics to the floor of the is going on in the rest of the world. The dustrial production grew by 7.4 percent House this evening. Clearly, these economic data showed that since 2001, in the United States, 4.1 percent in numbers show that this economy is the United States has outperformed Canada, 2.8 percent in the European doing well under this Republican lead- every other large developed economy Union, and 1.4 percent in Japan. ership and this Republican President.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12573 The blue chip report that the gen- courage, and the good common sense to tern and outlined a set of tax cuts to tleman talked about on fiscal year 2007, look at historical perspective and un- make the economy grow. And John and he mentioned those 50-something derstand that when you cut taxes, you Kennedy’s tax cuts went into effect, prestigious financial organizations, pull a country out of recession and you and the economy did grow. says that the economy will continue to don’t cause decreased revenue coming So this is not new to many here, but do well the rest of this fiscal year and to the Treasury, you end up with more. it is a revelation sometimes to people into 2007. Mr. Speaker, it is because of This is a great opportunity that the who haven’t heard this before. the policies of this administration and gentleman brings to us tonight to So our economy is growing. It has this Republican-led Congress. Those make sure the American people and all been growing since 2001. Since 2003, policies I am speaking of, of course, are our colleagues on both sides of the when we put in place our tax cuts, we that you grow the revenue when you aisle understand. Every Member is en- began to see investment take hold and cut taxes. titled to their own opinion, but they the economy grow and jobs being cre- This is not a novel idea that we just are not entitled to their own facts. I ated, almost 6 million new jobs created invented over the last 2 or 3 years. This commend the gentleman from New Jer- since this economic recovery began; a happened under a Democratic Presi- sey for bringing us the true facts this low rate of unemployment, 4.6 percent, dent in 1960, John F. Kennedy. It hap- afternoon and this evening on this and things looking pretty good for the pened again in the early eighties under floor of the House. future, according to the blue chip indi- President Reagan. You cut taxes; you Mr. SAXTON. I thank the gentleman cators, which we referred to earlier. grow the revenue. All of these statis- for emphasizing the importance of tax So, Mr. Speaker, I went on to share tics that the gentleman from New Jer- policy relative to economic growth. with my fellow Members these observa- sey (Mr. SAXTON) has pointed out in re- One of the things that I would like to tions based on the facts that the gen- gard to low inflation, low unemploy- point out, and I know the gentleman tleman from Georgia and I have cited ment, robust gross domestic product knows this as well, the President today here; and I want to thank the gen- over something like 12 straight quar- has been criticized by some for his tax tleman from Georgia for coming here ters now. Five million jobs since 2001. policy, I think, unfairly. One of the and taking part in this Special Order. I think we can look forward, Mr. I know when I first got to the Con- charges that is often made is that Speaker, to some good economic gress in the 108th in 2003, all I heard, these are, quote, tax cuts for the rich. growth going forward, hopefully during Mr. Speaker, from the other side was I have some other statistics here that I 2006 as well as 2007 and beyond, as we how many jobs had been lost since would just like to share with my col- continue to do what we can here to George W. Bush was first elected. They leagues and that is simply this: if you make that happen. pounded on that. I have not heard too believe that tax policy can be used to Again, I thank the gentleman for much from the other side recently, be- promote economic growth, as the gen- taking part. cause clearly this economy is robust, tleman and I do and as many others in these jobs are growing, and they will this House do, then we are going to f continue to grow. have to cut taxes relative to the people AVIAN FLU PANDEMIC We have this arcane scoring system, who pay taxes, because people who The SPEAKER pro tempore. Under Mr. Speaker and my colleagues, and I don’t pay taxes can’t get a tax cut be- the Speaker’s announced policy of Jan- know everybody agrees, and this is cause they don’t pay taxes, unless we uary 4, 2005, the gentleman from Texas really not in dispute, that when you give them money back. (Mr. BURGESS) is recognized for the re- cut taxes, they calculate a number of And so the facts are that the top 1 mainder of the hour as the designee of how much it is going to cost. I think percent of the wage earners in this the majority leader. with the Bush tax cuts, it was esti- country pay 34 percent of the taxes. Mr. BURGESS. Mr. Speaker, may I mated that it was going to cost $1.3 That is the individual income taxes. inquire as to the amount of time that trillion in reduced revenue; $1.3 trillion The top 5 percent of the people, wage remains? less coming into the Treasury because earners, pay 54 percent of the taxes to The SPEAKER pro tempore. The gen- of a reduction of every marginal rate the Federal Government. The top 10 tleman from Texas has 34 minutes re- so that everybody in this country, percent pay 65 percent of the taxes. maining. every American taxpayer, would get a The top 25 percent pay 84 percent of the Mr. BURGESS. I thank the Speaker, reduction in their Federal taxes and taxes. And the top 50 percent of the and the gentleman from New Jersey for get a check in their pocket. To double wage earners in this country pay 96.5 allowing me a little time on the floor the child tax credit, to eliminate the percent. So the bottom 50 percent of tonight. marriage penalty, to lower the capital the wage earners in America, in the I thought it was important to come gains and dividend rates to 15 percent United States, pay about 3.5 percent of to the floor and talk about an issue for almost everybody and, indeed, for the taxes. that pops up from time to time on our some as low as 5 percent, and to give news shows and the American con- b 1930 our small business men and women, sciousness, and that is the issue of Mr. Speaker, we are talking about the So if we are going to have tax cuts avian flu, or the bird flu. mom-and-pops of this great country and if the people who pay taxes are the Mr. Speaker, as far as a little back- who probably create 65, 70 percent of ones whose taxes you cut, which you ground is concerned, there are several all these jobs that we are talking kind of have to do by definition, then it types of influenza. There is the com- about, to let them more rapidly depre- will fall that the top 50 percent of the mon flu, or seasonal flu, that we all re- ciate their capital improvements so wage earners get most of the tax ceive inoculation against every year. they can, with bricks and mortar, new breaks because they are paying 96.5 Because of modest genetic changes machines, new equipment, whether it percent of all the taxes that are paid that occur in this virus year over year, is in my profession, the health care in- on the personal side in this country. it is necessary to get a vaccination dustry, or any other, to put people So because of what has gone on in every year. But sometimes, instead of back to work, so that more people, al- Republican and Democrat administra- just that genetic drift that happens beit at a lower rate, are paying taxes. tions, and the gentleman mentioned within the virus, there is a major What happens is instead of costing John Kennedy’s inaugural address in change, a genetic shift; and when that $1.3 trillion over 10 years, in about 21⁄2 1962. I can remember his words, almost, happens, the stage is set for a world- years our revenue increased, and I not quite, but he said something like wide pandemic. And, indeed, history know the gentleman from New Jersey this. He said, we cannot for long expect tells us that that will occur about will confirm this and agree with me, by to remain the leaders of the world if we three times every century. something like $250 billion, increased fail to set the economic pace at home; Now, currently, the avian flu is revenue, because of the boldness, the and he stood right up there on that lec- present in birds; and a big genetic

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12574 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 change would have to occur for this to The countries colored in in black are, Some of the other unknowns is what become a major health threat to hu- in fact, where human cases have oc- is the behavior of the virus in very cold mans. As of June 16 of this year, the curred; and we see originally China and climates. I don’t think anyone knows World Health Organization has con- Vietnam, Southeast Asia but more re- that yet, but, indeed, it is around this firmed 227 human cases, with 129 cently the addition of other countries time of year that those bird popu- deaths reported. The problem is, Mr. that are moving more and more west- lations are in fact returning to the Speaker, if you do the math, that is a ward. There has been a gradual spread Arctic areas. So increased testing mortality rate that is in excess of 50 westward since 2004. across the United States, starting with percent. Mr. Speaker, let me demonstrate Alaska, and indeed over nearly 100,000 Now, when you think of a worldwide that further on this second map. Grad- samples have been taken from both pandemic, there are various trouble ual western spread since 2004, and since live and dead wild birds as well as from signs you encounter. The World Health 2004 the avian flu has gone from China high-risk waterfowl habitats. Organization has identified five of to Cambodia to Thailand to Russia and On the World Health Organization those. Widespread distribution of the then to Turkey in 2005. scale of pandemic alerts, you go from virus in nature, in this case in birds, an Mr. Speaker, there was an explosion low risk of human cases to efficient endemic carrying of the virus in birds. of outbreaks in early 2006 to the Middle and sustained human-to-human trans- A wide geographic setting with in- East and Eastern Europe; countries mission; and there are six stages on volvement of other animals, in this such as Iraq, Romania, Italy, Germany, that World Health Organization pan- case felines, cats and tigers have be- France, Africa, Nigeria, and Egypt, demic alert chart. Currently, we are at come infected, presumably from eating just to name a few. We see these con- a level three, no or very limited infected animals. Bird-to-human trans- centric circles indicating the year of human-to-human transmission. mission occurs with inefficiency and the spread. Here we have June, 2004, af- As of June 6, 2006, there have been 227 then comes inefficient human-to- fecting primarily China and Southeast cases and 129 deaths. H5–N1, the virus human transmission. The last step, ef- Asia; December of 2004, June of 2005, that causes bird flu, has been cited ficient human-to-human transmission, January of 2006; and as you can see, the first in 1997 in Hong Kong, with 18 has not yet occurred, but that is the arrow is pointing ever, ever westward. human cases, six died, all poultry were From January to April, 2006, 35 new step, the previous four have occurred, culled. From 2002 to 2003, there was a countries have reported avian flu out- and that is the step that would signal reemergence of the virus in Asia. There breaks in poultry; and some of these the onset of a worldwide pandemic. was a high incidence of cases in a few have had their new first reported cases Because the threat is so significant, countries. Vietnam accounts for 40 per- of H5–N1 virus in humans as well. So our Secretary of Health and Human cent of the human cases; and Indo- the total estimate of the World Health Services, Michael Leavitt, has des- nesia, so far, accounts for 20 percent of Organization for the number of coun- ignated the threat anywhere in the the human cases. tries affected is just over 50. The problem is that, in Indonesia, world, a threat anywhere in the world The disease is indeed endemic in avian flu has not yet been contained, is a threat everywhere in the world, birds. Over 200 million birds have been compared to Vietnam. Indonesia has and that is why it is incumbent upon culled in the last 3 years, both birds us to keep such a close watch on this that were suspected of having the in- had outbreaks since early 2004, and new illness. fection and those culled for preventive outbreak reports are coming out all Steps one through four occurred be- measures. One of the keys here, Mr. the time. Last week or the week be- tween right now and 1997. The last step, Speaker, is this virus can be stopped in fore, the 50th case of the human infec- which has not to date occurred, would birds; and, indeed, stopping the virus in tion, which was fatal, was confirmed. trigger a human pandemic. One of our birds has to be the first line of defense. Let’s look for just a minute at a map major problems with a worldwide pan- The reason this is so important, and of Indonesia. There has been a steady demic is we, as humans, have no under- let me go to an additional map, if we rise in reported cases and a high cor- lying immunity to this relatively new look at the migratory flyways through- relation between poultry and human type of flu virus. out the world, this disease is spread by outbreaks. On the map, the triangles Now, as I mentioned earlier, there migratory birds and infected poultry. represent human cases. It is a little are approximately three pandemics Countries with outbreaks, this map misleading, because more cases have every century; and, indeed, last cen- shows the concentration of poultry occurred and many of the triangles tury there were exactly three. In 1918, worldwide and the migratory bird overlap. Since these cases occur in the Spanish flu killed 50 million people flyways. clusters, they are very close together worldwide; in 1957, the Asiatic flu The darker the color here, the great- geographically. But look at how close killed 170,000; in 1968, the Hong Kong er the concentration of humans and the triangles are and take notice of flu killed 35,000 people in the United poultry. You see the eastern United Singapore and Malaysia and the close States. States, starting in my State of Texas, geographic location. If the pandemic flu were to hit, the east Texas eastward, we have several Indonesia is densely populated. It is Department of Health and Human significant concentrations of poultry the world’s fourth most densely popu- Services estimates that 209,000 deaths juxtaposed to human populations. lated country. Indonesia is still suf- in the United States for a moderate flu Countries with outbreaks in general fering from the effects of the tsunami outbreak, such as occurred during the have a high concentration of poultry that occurred in December of 2004. In Asiatic flu outbreak of 1957, and 10 populations. There are some concerns May of this year, an earthquake in the times that many, 1.9 million deaths in over two flyways that go from Africa central Java region left as many as 1.5 the United States for a severe epi- to North America, the so-called East million people homeless. The country demic, such as occurred when the Atlantic flyway, and the one that goes of Indonesia raises about 11⁄4 billion Spanish flu broke out in 1918. from Asia to Alaska, the East Asia- chickens a year, about 71⁄2 percent of Now, Mr. Speaker, I would like to Australian flyway. Countries in both the global total. About 70,000 villages, draw your attention to this map that I Africa and Asia have reported out- spread across 17,000 islands, raise poul- have here. It is somewhat shocking to breaks and are countries that are di- try. Poultry is raised in the backyards look at the eastern part of the world, rectly on that flyway. of about 80 percent of the country’s 55 several continents, in fact, that are to- Now it is not for sure the virus will million households. tally covered in blue. And as you see be carried this way, but the fact that Mr. Speaker, I am going to put a from the key here, avian flu cases con- the distribution has occurred in migra- chart up here that is a little busy, but firmed in 52 countries, and again wide- tory birds, and those are the migratory it illustrates a very important point spread distribution across the eastern pathways, certainly that is going to for us to keep in mind. This chart half of the globe. bear careful watching. shows only a sample of the human

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12575 cases in Indonesia, some 15 of the now tients when they are ill with this dis- genetics were used to take one of the 51 cases. Information confirmed by sci- ease. virus samples from one of these early entists and field researchers from the Mr. Speaker, my main purpose in cases in Vietnam and create a vaccine World Health Organization is present being here tonight is not to discuss to the H5N1 as it exists today. The vac- on this graph. how frightening the disease is, because, cine appears to be safe and effective, b 1945 indeed, it is frightening, but to talk but it does require a lot of that vaccine about what weakened it, what we can in order to immunize any one of us, be- Mr. Speaker, there is a family cluster do as a country, what we can do as a cause we have no native immunity to from the Kubu Simbelang Village in partner in the world, what we can do as this particular type of flu. North Sumatra. Many of the recent a Congress to place in motion those But since the flu is constantly chang- news headlines had to do with concern things that are going to be responsible ing, since it is constantly evolving, in- that the avian flu virus might have be- for preparedness, particularly pre- deed it is going to be one of those come effective at transmitting from paredness at the Federal level, because, changes if a pandemic occurs and it human to human. When you just look after all, that is our responsibility. changes from a disease that is very bad at the number of cases involved, you There are medicines available that in birds to a disease that is very bad in would have to ask yourselves that are known as antivirals. In the 1918 people, there will be of necessity an- question. Spanish flu epidemic there were no other shift that has occurred in that Now, this outbreak has been exten- antiviral medications. They had not virus. sively investigated. The outbreak in- yet been invented, but we have Therefore, the virus that is present vestigation showed that this cluster is, antiviral medications today. today, if we make vaccine in large indeed, what is called a contained clus- Now, an antiviral is different from a quantities against that, it may or may ter, meaning that no other individuals, vaccine or an immunization. An not be effective against the virus that no other health care workers, no neigh- antiviral is a medicine like an anti- would go easily from human to human. boring villagers, were, in fact, becom- biotic would be administered for a bac- So we do to some degree have to wait ing infected. terial infection. An antiviral is admin- and develop the correct vaccine for the In the initial case, a 37-year-old istered after an onset of symptoms. It correct strain of flu. woman was most likely infected by does, indeed, reduce the severity of But within the past 6 months, in fact sick and dying chickens that she was symptoms, but it must be administered our Department of Defense appropria- keeping in her backyard. Indeed, on the within 24 to 48 hours of the onset of the tion bill that we passed last December, chart there, you see she kept them in symptoms. had money in it for the development of indoors with her at night. Because no Having proper stockpiles of antiviral a flu vaccine. Recently, the Depart- specimen was taken before she was bur- medications is going to be of critical ment of Health and Human Services ied, it can’t be confirmed that the ill- importance. Even just as critical is was awarded a total of $1 billion and a ness from which she died was indeed going to be the distributive network to request for proposals for companies to the avian flu, or the H5N1 virus, more get those antivirals into the hands of develop cell-based vaccines manufac- specifically. communities where the virus may be tured in this country. Those contracts However, seven of her relatives have present. were let in May of 2006. tested positive for the H5N1 virus. The It does reduce the severity of symp- Mr. Speaker, when you look at vac- relatives most likely became ill due to toms. The New England Journal of cine manufacture in this country, not close contact with the initial case, the Medicine indicated that the treatment only have we suffered because compa- woman who initially became ill. Six of with an antiviral reduced the median nies have gone offshore, our method of these seven individuals have since died. duration of illness from nearly 5 days creating vaccines is somewhat anti- So there is currently limited human- to 3 days, and the severity of the ill- quated. We are still stuck back in the to-human transmission of avian flu. ness by about 40 percent. When you 1950s. We use an egg-based system to If we look at this chart of those, in- have got an illness that has a 55 to 58 create our vaccines. deed, who are sick or who have died percent mortality rate, that reduction Well, you can just imagine, you have from this illness, spent the night with in severity is extremely critical. got an illness that is primarily affect- a sick index patient on April 29, spent In another study, the antiviral ing chickens, and we are culling chick- the night with the index patient on Tamiflu, given within the first 12 hours ens from chicken farms. Where are we April 29. Spent the night with the after the onset of fever, shortened the going to get the eggs to manufacture index patient on the 29th. Took per- illness duration by more than 3 days as the vaccines? Newer type of vaccine sonal care of the sick index patient. compared with the treatment that was technology, the so-called cell-based Took personal care of the patient. started at 48 hours. vaccine technology. It is critical that Often visited the patient, was there Vaccines are the other tool in the ar- the companies that manufacture the April 29. Took care of a sick son in the mamentarium against this illness. Vac- flu vaccine, not just for avian flu but hospital on May 9 through 13. cines also were not available in the 1918 for our seasonal flu, it is critical that Another thing that I would like to flu epidemic, but obviously vaccines we develop the companies and the ca- point out are the ages of these individ- were available with the outbreak of the pability of manufacturing those vac- uals, and how very young they are. Hong Kong flu and the more recent cines with a cell-based system much This is not a disease of the old and in- pandemics. less prone to contamination and to all firm. This is an illness of the young Vaccines are of such critical impor- the other difficulties that have been and robust. The ages span that of an 18- tance that it is mandatory that we much encountered by the egg-based month-old baby to a 43-year-old man. move the production of vaccine manu- system. This disease, when it strikes, is ex- facture from foreign countries back To some degree we may have to con- tremely virulent. On average, it is into this country. We have seen an exo- sider streamlining the FDA regulation about a week, from 5 to 10 days from dus of vaccine manufacturing out of and emphasize teamwork amongst our the onset of symptoms until the dis- this country. The vaccine needs to be various research teams, not only at the ease claims its victim or the victim re- manufactured within our shores, with- NIH, but across the country and indeed covers. in our borders. We can’t very well go across the world. We have to explore The illness itself is characterized by around to other countries who may be the promise that a universal vaccine an intensely consolidated process in suffering also with this disease and ask holds. the lung, basically a pneumonia, a them to supply our vaccinations for us. When we talk about flu vaccines, the hemorrhagic pneumonia. There may be It just simply won’t happen. reason we are always changing is be- bleeding into lung tissue, and it is a It is going to be necessary, although cause the virus will change various very striking picture from these pa- a vaccine has been developed, reverse parts of its outside protein coat, if you

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12576 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 will. But there are several of the genes tries already it has had a significant towards preparedness can be under- of the virus that don’t change, from flu impact. Some of the maps I showed taken and, in fact, should be under- type to flu type, the so-called more pe- earlier of Africa, the country of Nige- taken. Certainly we will look at a com- dantic or housekeeping genes within ria, where chickens are basically used mittee like Armed Services and what the core of the virus. If there is a way as currency, this has had a significant happened during the Spanish flu out- to develop a vaccine that will target economic impact. It may well have sig- break of 1918 and how it affected the re- those genes, it is going to be a much nificant economic impact in this coun- turning troops from World War I. more effective vaccine because it will try as well. Armed Services needs to pay a good have that cross-reactivity across many We just go back to one of the earlier deal of attention to observing the out- different strains of the flu virus. maps and point out, as the disease breaks globally and implementing The current H5N1 vaccine clinical spreads westward. Look at where the quarantine plans when is necessary. trials with Sanofi are of necessity. chicken populations are concentrated The Committee on Agriculture, Those are going to continue. It will be in this country and other countries. tracking avian populations as they dis- critical, even though it may not be the There could be a devastating effect on perse throughout the United States; final genetic result that they are devel- the poultry industry, and some com- my own committee of Energy and Com- oping the vaccine for. This vaccine is pensation for poultry farmers, espe- merce, and they have. I want to thank going to be critical as far as providing cially if they involve themselves in the committee on Energy and Com- a pool for vaccinating our first re- early reporting and maintaining the merce. They have done a great deal as sponders, our nurses, our doctors, our livelihood of those individuals. far as the hearings on avian flu and as firefighters, our ambulance personnel, Safe cooking practices to kill the far as providing information for our if the virus were to make a sudden ap- virus and, let me stress at this point, committee. the virus has not been found in the pearance in this country. b 2000 It is important again to remember, Western Hemisphere, and United let me stress, that a much higher dos- States chicken populations at this The Committee on Homeland Secu- age of this vaccine is needed than for juncture are not affected or infected rity will have critical oversight over the average flu inoculation. Generally with this virus, but early containment border security and, in fact, coordi- up to 90 micrograms of this vaccine are of any outbreaks to prevent paralysis nating efforts should a pandemic hit necessary to immunize one individual, of a whole economy that is based on across the country. where typically you need only 15 poultry. The Committee on Judiciary will micrograms for the more common sea- We have got to encourage under- have to decide some jurisdictional sonal flu. standing. Panic is not going to be a so- issues; and, indeed, they will have to Other things that we need to do lution for a pandemic, but proper plan- decide whether or not we relax some of around our country, we need to be sure ning is going to be one of the keys. The the liability as it pertains to vaccine that we have the surge capacity of our focus of the messaging, the World manufacture as well as indemnifying vital workforce thought about and in Health Organization, has already put first responders if they are harmed by place, identifying those key players, out outbreak communication tips for vaccines or new antiviral medicines and ensuring their safety during the public officials. I encourage my col- that are developed. crisis and their ability to get and help leagues to become familiar with those. The Committee on Science, of course, people who have been harmed by the Enhance the public’s compliance if a will have an integral role in encour- illness. Strengthening the health care quarantine is needed and a quarantine aging research on vaccines, vaccine de- infrastructure in general is a worth- is required, and common prevention velopment and rapid testing to detect while thing that we should consider, techniques are going to go a long way is this just a cold or is this, indeed, a really, on a daily basis here in this towards preventing the spread of this more serious type of flu. Congress. illness; then we must be prepared to The Committee on Veterans Affairs Protecting first responders, I alluded not only talk about them, but mandate will be involved with educating vet- to wanting to have a vaccine stockpile them if indicated. erans and combating the spread of the available, even if it is not the correct Our Federal, State, and local commu- illness, as well as providing very edu- vaccine that we will end up with at the nity officials will help play a big role cated, organized local spokespersons time when the flu virus mutates for in the preparedness. I know my offi- for educating the public should this that last time. But some immunity cials back in north Texas have done a disease become a problem. will be imparted by that early vaccine, great job as far as preparing them- The Committee on Ways and Means and we need to be certain that we have selves for some of the things that will have significant oversight of trade that early vaccine to have for our first would happen or could happen in the issues as they become important. Look responders to allow them to have some even of a pandemic. Bear in mind, this at the countries that could possibly be measure of protection as they are on may be one of those things just like affected by this, as well as issues in the first lines fighting this illness if Y2K. We get all concerned about it, and countries that are currently experi- the worst were to develop. it never happens. encing an outbreak. Offering support services, even in- But the manufacture of vaccine with- Integration from the Federal, State cluding mental health support services. in the shores of this country is criti- and local levels is going to be critical. Remember the flu epidemic that oc- cally important. We should be doing The global health threat is important. curred in 1918, it didn’t just happen that anyway and not just if we are It should not, indeed, it cannot be ig- around the globe in 3 weeks and then it faced with the threat of avian flu. nored. But preparing for the threat was over. It came in waves and wave Stockpiling of antiviral medications within our own country is certainly after wave would affect communities, and indeed our Nation’s stockpile of critical. and basically the virus encircled the critical medicines, we need to look at The virus, H5N1, could appear in the globe three times before it eventually that and be sure we have the distribu- bird population as early as this fall in died out. tive networks in place. the Western Hemisphere; and even if it We are going to have to be able to ro- It doesn’t matter if it is a hurricane, does appear in birds it doesn’t mean tate workers, not just health care an earthquake or a terrorist strike. that a pandemic has started. But be- workers, but workers in various lines Preparedness should just be one of the cause of the natural flyways that exist, of work so that they don’t become fa- bywords of this United States Congress that is a possibility that we need to be, tigued, give up, and we have to be able for the rest of this decade and likely we, in Congress, need to be prepared for to sustain their efforts. for many decades to come. how we educate our constituents and The economic impact of this illness There are places on virtually every how we help our State and local offi- is pretty hard to tell. In some coun- congressional committee where steps cials adjust to that.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12577 Preparedness is going to be the great- ployed, redeployed, deployed again, the Iraqi government might say, we, as est single tool at our disposal to miti- their stays more so than at any other the United States Congress, have an gate what might otherwise be a dis- point in the history of this country, obligation to our men and women and aster of worldwide proportions. and they do so with a salute and they the citizens that are in Iraq working on Mr. Speaker, this is an important follow orders. How grateful a Nation behalf of this country to make sure issue. I thank you for the time and let- we should be. that that cannot stand. ting me come to the House and talk And yet here at home we hear, just in And what do we get from our erst- about this tonight. I know I have cov- the previous hour, discussions that while colleagues on the other side of ered a lot of these issues relatively center on a tax cut and how important the aisle and why was this debate con- quickly. I know a lot of the maps are a tax cut is. I have never met anyone ducted in the manner that it was? somewhat involved, and they have gone that didn’t favor tax cuts. But it is dis- Well, let me tell you why. Because by quickly. They are available on my concerting when you look out at these Karl Rove hatched a plan in New Web site at burgess.house.gov. families and you see that this Congress Hampshire. You see, he went there and f focuses on tax cuts for the Nation’s laid out this strategy; and the strategy wealthiest 1 percent, making sure that was a very simple one. It is one that MESSAGE FROM THE SENATE we ladle on more tax cuts to those al- they used before. They just dusted off A message from the Senate by Ms. ready impoverished oil companies who the playbook and said, you know, it Curtis, one of its clerks, announced are experiencing unprecedented profits. works when we attack Democrats. We that the Senate has passed without Yet I look out into that audience in attack them for their patriotism. amendment a concurrent resolution of Connecticut, in the State armory and It worked successfully against Max the House of the following title: see these families, many who will Cleland. We were able to take that H. Con. Res. 367. Concurrent resolution struggle during this time, many whose man, who gave three of his limbs for honoring and praising the National Society gas prices will rise during the time of this country, to make him appear to be of the Sons of the American Revolution on this 18-month deployment. unpatriotic and go after him person- the 100th anniversary of being granted its So you say to yourself, well, where is ally. Congressional Charter. the plan? What is the exit strategy? It worked against JOHN KERRY. We f What do we owe these individuals? Do were able to swift boat him during the we not at least owe them the truth? Presidential campaign, to tarnish his OUR IRAQ POLICY So there was a debate enjoined on service and the medals he earned. The SPEAKER pro tempore (Mr. this floor 2 weeks ago, a nonbinding And it is working against JACK MUR- DENT). Under the Speaker’s announced resolution, in essence, a conversation, THA, they think. So that we can turn policy of January 4, 2005, the gen- a conversation where 99 percent of the around and tarnish him as well. tleman from Connecticut (Mr. LARSON) people on the other side of the aisle And Karl Rove launches his strategy, is recognized for 60 minutes as the des- said, stay the course, while the Nation and then JOHN BOEHNER rolls out the ignee of the minority leader. and while this side of the aisle clamors talking points for the caucus, and then Mr. LARSON of Connecticut. Mr. for a new direction for America. the debate is neatly sandwiched in be- Speaker, I yield myself such time as I When I looked out into the eyes of tween the time allotted, with no Demo- may consume. the audience of those families and I cratic alternative being allotted, and This evening I come to the floor to saw their concern and need, they want the White House picnic, just in time for continue the discussion that this Con- a new direction for the country, espe- the President to take a surprise trip to gress has had with respect to our poli- cially as it relates to Iraq. Iraq for a photo-op and to return home. cies as it relates to Iraq. Isn’t it amazing that they can get a The Nation deserves better than I was fortunate this past weekend to plan from the Iraqi government, that that. If the Iraqi security advisors can attend yet another ceremony, in this they can get several plans from Demo- provide us with a plan, why can’t Don- case, with the 1048th Tankers Division crats, whether it be JACK MURTHA’s ald Rumsfeld provide us with a plan? from the State of Connecticut who was bold plan that, well, seemingly the No wonder, in the Washington Post being deployed to Iraq. Iraqi government agrees with, or today and the New York Times over We in this country continue to owe a whether it be CARL LEVIN’s plan, well, the weekend, people are wild over the great debt of gratitude to the men and that seemingly now General Casey fact that, if all that debate and discus- women who wear the uniform and who agrees with? sion was truly about a course for this have served this country so valiantly So we find the Pentagon and the Nation, how is it that General Casey’s and with such courage. But we also owe Iraqi government, JACK MURTHA, CARL plan sounds identical to CARL LEVIN’s a deep debt of gratitude to their fami- LEVIN, and several other Democrats of- plan? And how is it that the Iraqis can lies in what has become gut-wrenching fering thoughtful plans, and the Repub- acknowledge what Mr. MURTHA ac- ceremonies as you watch young chil- licans saying stay the course and a knowledged last November? dren and mothers and grandparents say President still unable to level with the On this side of the aisle, we have goodbye to their loved ones who are American people and unwilling still to come to know what it is all about. It is going over to Iraq, including a mother meet with parents who have lost their about the continued hypocrisy as it re- who has three sons that are now over kids, who line the highway on the way lates to leveling with the American there, and another mother who saw her to Crawford, Texas, or wait patiently people and, more importantly, leveling son off and her husband had just left outside The White House for an audi- with our troops, with the National the week before. ence. Guard and reservists and their families So it is very disconcerting when you It amazes me that, while the Iraqis and the kind of sacrifice that we have find that the only people that we have can say that they have a position and asked them to do, and we have pre- asked to make a sacrifice in the war on they know that they have to take on vailed upon them, and they have done terror have become the men and responsibility, that we will somehow with honor. And yet we can’t level with women who serve in the front lines and let the Iraqis determine the faith of them? their families who are left behind. our brave men and women, so much so We find ourselves right now with the Our hearts go out to all of them. And that there has even been talk of am- congressional Republicans that have no what they deserve, more than anything nesty, amnesty for those who have plan for Iraq, a flawed plan for going else, is a Nation that will level with killed, maimed or kidnapped American in, a failed plan to win, and no plan to them, that will provide them with a soldiers or citizens. There can be no get out. Stay the course is the slogan. plan, that will tell these troops, espe- amnesty for that. There is no honor in And that is all it is, a slogan, not a so- cially in the case of the National Guard the great sacrifice that our men and lution. It is a prescription for an end- and the reservists who have been de- women have provided. No matter what less occupation of Iraq.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12578 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 The Democrats are united on the contingent of marines to remain in the day. We are pleased that they under- need for a new direction in Iraq. 2006 Middle East to respond to threats that stand that the American people want must be a year of significant transi- threaten to destablize our allies in the real leadership and they want an end to tion. Iraqis must take control of their region or the national security of the this war, they want the troops home. security and begin a responsible rede- United States, again mirroring the So while we know that it may be cal- ployment of U.S. troops. Casey plan. culated in a political way to time with There has been no person who has ad- Finally, the resolution calls for the the November elections and all that, dressed that issue more eloquently on United States to pursue security and we still support it. I do, and the Out of this floor and back home in her native stability in Iraq through diplomacy. Iraq Caucus will certainly embrace it California in the city of the Angels Again, the Times reports that the Gen- because, again, it is our plan. than the gentlewoman from California, eral Casey plan is to engage the Iraqi When Mr. MURTHA talked about over who has led a task force here in this Government to develop a plan to turn the horizon, that is exactly what he Congress that focuses on a meaningful security over to the Iraqis. was talking about, the same thing the plan for an exit strategy from Iraq. With nearly identical parameters, it Casey plan has come up with: keep At this time, I would like to yield to appears that the administration pro- some soldiers in the region just in case the distinguished lady from California, poses to carry out a plan that has al- they are needed in a crisis. MAXINE WATERS. ready been introduced, debated, pushed So thank you, Mr. Casey and Mr. Ms. WATERS. I thank the gen- by Mr. MURTHA himself and by the Out President, for finally embracing the tleman, Mr. JOHN LARSON, for yielding of Iraq Caucus and many members of Democrat plan by Mr. MURTHA that me time and for organizing this special this Democratic caucus. It is confusing calls for redeployment. It has been order. to understand why then there was such misinterpreted, misidentified. Even the outrage from the Republicans during press got it wrong, and they tried to b 2015 the debate of H. Res. 861 two weeks ago say that the Murtha plan was demand- It is so important that we continue during which members of the Out of ing that our troops get out imme- daily to help the American people un- Iraq Caucus called for all Members of diately. It has never been that. derstand exactly what is going on in Congress to support the Murtha plan. Now I want to see how the press will this Congress. Time out for tricks. The only conclusion is that the Repub- interpret the Casey plan, if the press Time out for maneuvering. Time out licans are again playing politics with will understand and report that it is for all of that. And I am so pleased that the safety of our Nation. the Murtha plan. I will say it over and over again. I am JOHN LARSON organized this Special Instead of holding a free and open de- pleased and proud that the President Order tonight so that we can clarify bate on Iraq, they crafted a resolution, and Mr. Casey at least have come to what is going on here in America. H. Res. 861, to intentionally mislead the point, for whatever reasons, what- I rise as the Chair of the Out of Iraq the American people and seize an op- ever their motivations are, to embrace Caucus. The caucus has 72 members, portunity to attack Democrats who something that will work, the Murtha who for more than a year have been want accountability for those who led fighting to conclude the war in Iraq plan. the march to war in Iraq. Democrats Mr. LARSON of Connecticut. Mr. and reunite our troops with their fami- are also demanding that the President Speaker, reclaiming my time, I thank lies. provide a clear plan that will allow for the gentlewoman; and I just want to Over the weekend the New York the redeployment of U.S. troops and buttress her point here. In The Wash- Times reported that General Casey met permit them to return home to their ington Post, first, CARL LEVIN, our dis- with President Bush to discuss rede- loved ones. tinguished Senator and brother of ploying U.S. troops from Iraq. Accord- The Out of Iraq Caucus can support SANDER LEVIN here in the House, one of ing to the New York Times, the num- the proposed Casey plan. It is our plan. the sponsors of the resolution, said ber of U.S. troops in Iraq will decline It is the Murtha plan. It is the plan that ‘‘probably the worst kept secret in by two brigades by not replacing two that we have been pushing all along. town is that this administration in- brigades that are currently scheduled Their plan we do not disagree with. We tends to pull out troops before the mid- to leave Iraq this year. Further reduc- just wanted them to have some leader- term elections in November. It tions in U.S. personnel will occur next ship. They had made so many mis- shouldn’t be a political decision, but year. The number of brigades in Iraq is takes, so many mishaps, as it’s going to be with this administra- expected to drop from 14 to about five Condoleezza Rice called it, that we tion. It is as clear as the nose on my by the end of 2007. The Casey plan also kept urging them to come up with a face,’’ he said, ‘‘that it is all about No- provides for a brigade to be kept on plan. We are glad they have adopted vember and this election.’’ And as the alert in Kuwait ‘‘in case American the Murtha plan. gentlewoman pointed out, it shouldn’t commanders need to augment their According to news reports, the imple- be. forces to deal with a crisis. Another mentation of this plan will begin just JACK MURTHA has said over and over brigade will be kept on a lesser state of prior to the November elections. The again only the Iraqis can solve the alert elsewhere but still prepared to de- next step will be completed as the 2008 problems in Iraq. They are fighting ploy quickly.’’ According to the Times, Presidential elections are heating up, with each other, and our troops are carrying out the terms of this plan de- providing the President an opportunity caught in between. pends on developments on the ground to claim progress despite more than 3 And no one less than Iraq’s National in Iraq. years of mismanagement and incom- Security Advisor said, ‘‘Iraq has to go Now, why don’t we just tell it like it petence. out of the shadow of the United States is? This is basically the Murtha plan. Mr. Speaker, this war was mis- and the coalition, take responsibility This plan is so similar to a plan that managed by this administration. The for its own decisions, learn from its the Out of Iraq Caucus has been push- men and women in uniform have paid mistakes, and find Iraqi solutions to ing since late last year, the Murtha for that mismanagement, more than Iraqi problems.’’ Repeating again ex- plan, H.J. Res. 73. 2,500 with their own lives. It is long actly what Mr. MURTHA has been advo- Under Congressman MURTHA’s plan, past time to bring our troops home, cating. no additional U.S. troops will be sent and I will not rest until our service I want to now also turn to the gen- to Iraq and the U.S. troops now de- men and women are able to return tleman from Washington State (Mr. ployed in Iraq will be redeployed out of home to their loved ones. INSLEE), who has been part of the Iraq Iraq at a point determined by U.S. gen- Be clear. We are glad that Mr. Casey Watch and from the very outset of this erals in Iraq, which is very similar to and the President have come up with war has come to this floor almost on a the plan outlined by General Casey. what we have been advocating. We are regular basis to talk about the con- The Murtha resolution also calls for a glad that they have seen the light of cerns that so many Americans in this

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12579 country care deeply about, most nota- ber of Iraqi civilians killed compared b 2030 bly the men and women who serve this to the same period about 3 years ago, That is, until the Shiia community country. they are three times higher per month. and the Sunni community and the I yield to Mr. INSLEE. And I think we rightfully care about Kurd community can strike the hard Mr. INSLEE. Mr. Speaker, I appre- Iraqi civilian fatalities from a sense of bargains it takes to make a democracy ciate Mr. LARSON’s leadership on this. humanity and from a sense of the in Iraq, and particularly over access to I wanted to talk about three hard re- American spirit. the oil resource, which they still have alities in Iraq. It is very easy, tempting When you look at the number of mul- not done after 3 years. It doesn’t mat- when we are in the middle of a strug- tiple fatality bombings, they are up by ter what an outside force will do. The gle, as our Armed Forces are, to forget a factor of 50 times higher than they current plan is not a plan for success. harsh realities and to become were 3 years ago, a 50 times increase in Frankly, our continued presence in emboldened by the rhetoric that is as- multiple fatality bombings that the Iraq is now acting as a security blan- sociated with war. But I think it is Iraqis are experiencing. When you look ket to allow the politicians in Iraq to very important for us, when our sons at crime-related deaths, they are up 50 refuse to move forward with hard com- and daughters and husbands and wives times what they were over 2 years ago. promises about oil revenues, which is are there, to just take a very cold, When you look at the number of daily dooming our military to be there for harsh, realistic look at what is really attacks, they are up compared to May decades. That is why we need to send a going on in Iraq. This is not a moment 2004. When you look at weekly attacks message to the Iraqi politicians that for rose-colored glasses. It is a moment on our service personnel, 2 years ago we are not going to be there for dec- for reality. And I want to talk about they went from 185 to 620 now. Up sub- ades and they must make the com- stantially, unfortunately. the three realities in Iraq today, be- promises necessary about oil revenues, So the security situation under the cause basically the debate over Iraq is because they are shortly going to have really twofold. George Bush plan for security in Iraq, all of the indicators are going in the responsibility for their own country. One side says that we should just I am not the only one to think that. wrong direction. The status quo is not keep doing what we are doing. We will There are some people with some skin adequate. We cannot just trust the just trust the President to make the in this fight besides Americans, and President with making decisions in decisions as he has made them in Iraq. that is the Iraqis. We went there to We won’t question them. We won’t ask Iraq. So I want to turn now to sort of the help the Iraqis. It was based on false to accelerate them. We won’t question information and deceit, but, nonethe- the strategy. Congress will just sit life-style, if you call it that, in eco- nomic conditions in Iraq. We were told, less, Americans had I think the right back and let George Bush decide what intentions. So I think it pays some to do in Iraq. when we were briefed on this war by Paul Wolfowitz and others of the Presi- heed to see what the Iraqis think about Others of us take a different ap- this. proach that says the status quo is inad- dent’s men and women, that oil would be quickly restored in Iraq and that, What the Iraqis think about this, equate, that we cannot expect to keep when a poll was done January 31, 2006, doing the same thing in Iraq and ex- indeed, the Iraqis would pay for this war by themselves. In fact, the produc- by the World Public Opinion Poll, and pect a different result. So we believe tion of oil today has still not reached that is not a group that has any par- we need some changes in Iraq. And I prewar levels under that tyrannical, ticular dog in this fight, they went out want to talk about some three realities abysmal dictator Saddam Hussein. We and asked the Iraqi people, do you ap- about why we need a change, why the still have not achieved oil and gas pro- prove the government endorsing a status quo is unacceptable, unaccept- duction records on one of the largest timeline for U.S. withdrawal? able in Iraq. pools of oil on Earth; they are still at These are the people whose lives are Number one, the security situation. 2.18 million barrels compared to 2.5 in most dependent on obtaining a secure, The reality in Iraq is that the current the prewar level. We still are not back safe Iraq. They are not sitting thou- strategy proposed by the Bush adminis- up to those levels. And we are paying sands of miles away like we are, like tration is resulting in things not only hundreds of billions of dollars today for the President is. They are sitting in not staying the same but getting Iraq. these rooms with no electricity and 120 worse. If you take a look at the Brook- In electricity we, at best, are back to degrees temperature and bombs going ings Institution, you can go online and prewar levels after 3 years and untold off next door where they can’t send take a look at the Brookings Institu- tens of millions of dollars squandered, their kids out to play. They may be tion’s Web site. Anybody can Google American taxpayer dollars. And, in considered perhaps the experts on this that to find Brookings. You will find fact, in Baghdad today I read they are issue. What do the Iraqis say about the statistics that I want to talk about having a heat wave in Baghdad and that issue? tonight. they still only have 3 to 4 hours a day What they say is 87 percent of Iraqis Fatalities in Iraq of Armed Forces of electricity. You can imagine, after 3 would approve of the government en- are not only going down; they are years of sitting under a foreign army’s dorsing a timeline for U.S. redeploy- going up. Compared to May 2003 and occupation, with 3 hours of electricity ment. That is something we ought to May 2005, we are now experiencing for your air conditioner. I read these think about. I think there is a reason greater loss of our sons and daughters Iraqis said that, We basically sit and for that. I think there is a reason that in Iraq than we were 2 years ago, 3 look at each other. I read this com- 87 percent of the Iraqis who are living years ago. Those are going up, regret- ment by a middle-class Iraqi who said, in such squalor and danger today be- tably. The Bush plan is not working We are going crazy doing that. And I lieve that it makes sense for us to tell when it comes to protecting our men can understand that. Iraqis that the time is shortly coming and women in uniform. The economic condition is not mak- where the country will be theirs. I When you looked at the wounded in ing substantial improvement in Iraq think the reason is they recognize that the Brookings Institution report, re- under the harsh realities. their politicians aren’t going to get grettably, they are not going down; So now we turn to the political situa- around to disposing of really coming up they are going up, compared to 21⁄2 tion and ask ourselves if the George with an agreement on oil reserves until years ago. When you look at Iraqi fa- Bush plan is adequate on Iraq. And, they know that the day is coming that talities compared to the same time in yes, we have had elections and we were the United States security blanket will February, March, May 2005, they are all thrilled by elections. All of us be removed. The Iraqis have figured going up. When you look at the number would like to see a democratic Iraq. this out. We should figure it out. of car bombs in May 2004, to May 2006, But there is a very harsh reality that So we are here today saying it is not they are going up. When you look at we think demands a change of plans in enough just to trust President Bush Iraqi civilians killed, in fact, the num- Iraq. with decisions in Iraq. Security is not

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12580 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 getting better, the economy is not get- When asked, do you believe that we see this permanent stuff, and they say ting better, the political situation still will at some point remove our military to themselves, it doesn’t make any really has not come to terms with the once Iraq is stabilized, 80 percent of sense. They are not here on a tem- necessary compromise, and it is time Iraqis believe we will not remove our porary basis. for us to send a message to the Iraqi forces even after Iraq is stabilized. An Arab friend of mine in Jordan government that they need to get seri- There is a reason for them to believe told me that one of the things that ous about resolving issues and rede- that. Because on this floor, when we Americans do not understand is what it ploying our troops. tried to put a provision in a defense bill means to an Arab when you occupy his This is a strategy for success. The that says we won’t have any Iraq per- land, and as long as we occupy their Bush plan is a strategy for long-term manent bases in Iraq, which we actu- land, they will fight. He said, you can failure. It is time that we come to ally succeeded in doing on the floor, do all the talk you want, but until the terms, take off the rose-colored glasses the first thing that happened, in the United States indicates clearly that and make hard decisions. dead of night in one of these conference they are pulling their troops out, you I want to thank Mr. LARSON for al- committees, the Republican Party will never get any peace in the area. lowing me to participate. stripped it out. Mr. LARSON of Connecticut. Mr. That was on Saturday morning. Then The message we are sending to Iraq is we come to the New York Times the Speaker, I want to thank the gen- we are going to stay there as long as tleman from Washington State again next day, Sunday, quoting General we want and perhaps permanently. Casey. Now this is the President that for his insightful comments and point- That is the wrong message. We need to ing out the new direction that this says, stay the course, stay the course; send a different message. That is why and the New York Times leaks a story country needs to forge and that cer- we are here tonight. tainly that the people of this country saying that they have drafted a plan Mr. LARSON of Connecticut. Some- for withdrawing troops by September. desire and, as you so eloquently point- one who has sent that message consist- ed out, as importantly, the people of This is a leak. Did the President ently also hails from Washington jump up and down and say, send out Iraq. State, the senior member of the delega- But I would also add that this is the FBI to find out who leaked that tion, JIM MCDERMOTT, a distinguished something that the generals of this plan? No. Because they want to send member of the Ways and Means Com- country who have come forward and that out to one part of the population. mittee. spoken out with great clarity also feel They want part of the United States to Mr. MCDERMOTT. Mr. Speaker, I strongly about. think we are actually going to pull the thank Mr. LARSON for yielding. I want Lieutenant General Greg Newbold: troops out, when in fact there is no to thank him for organizing this event ‘‘What we are living with now is the real evidence that they are going to this evening to give us a chance to consequences of successive policy fail- take them out. ures.’’ spend a little extra time talking about what is going on. The American people have got to Major General Paul Eaton: ‘‘Sec- stay awake. Ronald Reagan said you retary of Defense Donald Rumsfeld is I think the American people, as they look at this situation, have every rea- should trust, but verify. The President not competent to lead our Armed says stuff, but when you try to verify Forces. His failure to build coalitions son to be very confused about what is going on in Iraq; and I want to try to it, you can’t find it. He is against with our allies has imposed far greater leaks, as long as it is an official leak of demands and risks on our soldiers in help them understand it. The first thing you have to under- something he wants to get out there. Iraq than necessary. He has shown him- Karl Rove really wants to get it out self to be incompetent strategically, stand is that everything that is hap- pening on this floor and in the other there. operationally and tactically.’’ Mr. LARSON of Connecticut. Re- Lieutenant General John Riggs: body has to do with the 7th of Novem- claiming my time, in my opening re- ‘‘They only need the military advice ber, the election. Don’t ever lose sight marks, this is confusing to American when it satisfies their agenda,’’ speak- that what is being done here is to influ- citizens, because Karl Rove, the Sun- ing on National Public Radio about the ence the American people to keep the day prior to the debate that started Bush administration. ‘‘They only need Republicans in power in the next elec- here in this House, was in New Hamp- the military advice when it satisfies tion. shire; and he laid out the strategic vi- their own agenda.’’ Now, the confusion you feel is being General Wesley Clark: ‘‘They pressed created by the very people who want to sion for the Republican Party. It was a for open warfare before diplomacy was retain power. If you ask yourself where political gathering, but he laid out finished. It was a tragic mistake. It’s a are we today, well, on Saturday in the that strategic vision. I can understand strategic blunder.’’ morning they announced in the London why the public gets confused, because General Anthony Zinni: ‘‘We are pay- Times that Prime Minister Maliki he said very publicly that what we ing the price for the lack of credible wanted reconciliation. He wanted to have to do is ‘‘stay the course,’’ and planning, or the lack of a plan. Ten have a reconciliation plan coming out, then it was the Democrats who wanted, years worth of planning were thrown and he wanted to meet with the Sunnis to use one of their slogans, ‘‘cut and away, troop levels dismissed out of and try to defuse the situation. run.’’ But they were going to stay the hand. These were strategic mistakes, You would think that would be in course. mistakes of policy made back here by everybody’s interest. Did you hear one Then that was followed by the major- this administration.’’ word from the White House about the ity leader’s talking points that were Mr. INSLEE. Will the gentleman Iraqis standing up and trying to defuse disseminated on the floor here which, yield for a moment? I want to add an the situation? Did you hear any sup- of course, was again discrediting Demo- additional mistake, if I can briefly, port? None. Because the basic under- crats, and most notably Mr. MURTHA, that I think is very important for us to lying fact that my colleague from about cutting and running. talk about, and that is the mistake to Washington has pointed out is we have Then it becomes even more con- not send the message that the Iraqis no intention of leaving Iraq. We intend founding, because the debate that en- are going to have a country that is free to be there with 50,000 troops and per- sued was, as you point out, I think up- at some point of United States forces. manent bases for an extended period of lifting in some circumstances, because This poll that I talked about, when time. But we won’t say that. We say it was trying to define where people they asked Iraqis, do you think the exactly the opposite. stand. Ninety-nine percent of them felt U.S. Government plans to have perma- What we are saying to the Iraqis is, very strongly that we ought to stay the nent military bases in Iraq, 80 percent now, look, this is what we mean. We course, while 78 percent on this side of the people answered that they mean we are not going to stay here. felt there ought to be a new direction. thought we were going to do that. But the Iraqis open their eyes and they So people became somewhat confused.

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And that was all sandwiched in be- and let them recuse people who have with Mr. INSLEE, headed up the Iraq tween the President’s flight and photo- taken American lives, who have kid- Watch from the inception of this war, op to Iraq and the White House picnic. napped and tortured and mutilated and who always provides us with in- Then, lo and behold, last week, the Americans. sightful observations. debate in the Senate, where it even We will never stand by and let that I am sure he is intrigued, as both Mr. reaches a feverish pitch, and we have happen. Could that be part of the rea- INSLEE and Mr. MCDERMOTT are, with had more plans hatched and looked at son? the developments of this past weekend by the Democrats, including the Mur- Mr. MCDERMOTT. Mr. Speaker, well, with General Casey’s proposal, et tha proposal, as MAXINE discussed, and one of the questions you have to ask cetera. I would yield to him at this the Levin plan in the Senate, as well as yourself is, Did Mr. Maliki and the time. IKE SKELTON’s proposal and DAVID Iraqi Government sit down and come Mr. DELAHUNT. Mr. Speaker, I PRICE’s proposal down here. It goes on up with this reconciliation package all thank my friend for yielding. What I and on. So people can get confused. by themselves? Does anybody think find interesting is ever since, well ever Then, as you are chronicling these that the American Government was since before the invasion the adminis- events, all of a sudden the Iraqi secu- not, in the form of the ambassador, in- tration has not been forthcoming, has rity adviser says they have a plan; and volved in those discussions, or that not played it straight with us and with their plan includes, as Mr. INSLEE talked to the military? Of course they the American people. pointed out, that the Iraqi people want did. And I just got in from Boston, my us out of there. Eight-seven percent So what you have got is our own gov- plane was late, I am sure that many of want us out of there. Eighty-seven per- ernment talking out of both sides of its you encountered those kinds of dif- cent believe that they are better off mouth. The Iraqis, all they know is we ficulties. But I had an opportunity to taking control of their own destiny. are staying there. We have got a $500 listen to my friend, Mr. INSLEE from And now you are telling the American million embassy, the largest embassy Washington. And he talked about the people, though, that, look, this really in the world. It is really Fortress Iraqi people not wanting us to stay, if doesn’t have anything to do with all of America. We have got military instal- you can accept the results of that poll, that. This is about an election. Not lations which are very permanent, and which presumably are valid. their election. we are saying we are leaving tomorrow And you make a point about the Mr. MCDERMOTT. Our election. One or sometime, whenever you are ready prime minister talking about a time- of the fascinating things about it is, I to run your own country. table. And yet during the course of, I don’t know how many times the Presi- The fact is that we have shown noth- do not want to call it a debate, but dur- dent has said, we will stand down when ing to suppose that we really mean ing the course of the speeches that the Iraqis stand up. Well, that makes that we will one day say, you guys are were given here last week regarding sense to people. People say, yes, that is doing such a great job, we are going Iraq, we heard a term like ‘‘cut and right. As soon as they are ready to home. See you later. That is not what run,’’ you know, cut and run. take over their country, we will back we are up to. We are trying to control Well, I find what is interesting is out and we will leave. So we think he the natural resources of the area and that now there is some cutting, or really means it. trying to give ourself a platform to op- there appears to be some cutting. But Then we have Maliki, the new prime erate some place in the Middle East, you know what was unsaid during the minister, stand up and say, I have got and we simply are going to have this entire conversation that was held on a reconciliation plan, and I would like fight continue unless, and I could not this floor? It is not just the Iraqi peo- to talk with you guys about a time- help thinking, I was sitting over think- ple that want us to leave, or at least to table for you to leave. ing about what I was going to say provide a timetable, but maybe Presi- Have you heard the President say one today. dent Bush was not hearing what the thing about the prime minister stand- I remember during the Vietnam War, prime minister and the vice president ing up? Of course not. They have ig- back in 1968, coming up to an election. and the president of Iraq had to say nored the fact that the Iraqis that they What was Mr. Nixon saying at that when he made his visit there a week or maneuvered into charge of the place point? I have a secret plan to end the 10 days ago. are actually standing up and saying, war. Ha. A secret plan to end the war. Because flying back on Air Force One yes, we are going to have to talk to the After he was reelected, we went on for with the media, this is what he had to Sunnis, because we are Shiia and they 4 more years. This issue, if the Presi- say, ‘‘There are concerns about our are Sunnis, and they feel like they are dent is serious, then he ought to ex- commitment and keeping our troops left out; and, secondly, we have to do plain to us why he let his commanding there. They are worried, almost to a something about all this fighting that general go out there talking about set- person, that we will leave before they is going on. ting a deadline and bringing troops are capable of defending themselves. Mr. LARSON of Connecticut. Briefly home. And I assured them they did not need reclaiming my time, could it be that Does he mean to do that, or is that to worry.’’ one of the reasons they are not speak- just to throw smoke up in the air and But I guess when he says ‘‘almost to ing out as forthrightly as they should, get people confused? I think it is the a person,’’ he is not referring to the and I am just surmising this, is because latter. I do not think he intends to vice president and the president of part of this reconciliation that has bring any troops home if he is going to Iraq. Because it was reported in the As- been discussed is the granting of am- give the impression that they are leav- sociated Press last week that the Iraqi nesty to Iraqis who have murdered or ing Iraq. And that is why we have to vice president had asked President kidnapped American soldiers or civil- continue to get out here and talk about Bush for a timeline for withdrawal of ians? what is in the newspapers. foreign troops from Iraq. I mean, you do not have to read very And that was confirmed by President b 2045 far. The London Times, the New York Talabani, and in addition, President We have put forward a resolution Times, the Los Angeles Times, a few Talabani agreed with that request. So here. It was debated during our discus- papers, and you can see it if you put it it was not just Democrats and others sion here, but not a nonbinding resolu- all together in one place. And that is that were interested in a timeline for tion. We put forward a resolution that why it is important for us as a body to when we are getting out of there, but it will actually bind the Congress to in- have these hours when we do this. was the Iraqi president and the Iraqi struct the President to send a message Mr. LARSON of Connecticut. One vice president. to the Iraqi Government that that can- gentleman who has been doing that And yet we hear terms like cut and not stand; that we, this Congress, and consistently is the distinguished gen- run. Cut and run. The only thing we the American public will not stand by tleman from Massachusetts, who, along are cutting here are taxes for the

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Should the State of Connecticut, a very pain- drop its demand that Iran prove that it we trust this administration? ful thing. is not developing nuclear technology We were told by the Vice President And most important is the need to for purposes of a weapon. that we were going to be greeted as lib- level with our own troops and the fami- Now, what is happening here? Are we erators. False. The Secretary of De- lies, who, as you point out, are the only going to end up with the legacy of this fense said the war would not last more ones who have had to make a sacrifice loss of American lives and American than 6 months. False. His deputy, Paul since September 11. The only people taxpayer dollars with a more influen- Wolfowitz, said that Iraq could pay for that our government has requested sac- tial Iran? I mean, please, has anybody its own reconstruction from oil reve- rifice of are the men and women who even talked about this or considered it? nues. False. wear the uniform and their families. Do we hear this as part of the debate We heard from the Vice President Mr. DELAHUNT. And the American and the discourse even among think and everyone else that there were links taxpayer. tanks, even among the popular media between al Qaeda and Saddam Hussein. Mr. INSLEE. Mr. Speaker, I want to outlets? False. False. False. And now we are pose this question here about who is Mr. LARSON of Connecticut. Well, if told that, well, we cannot put out a driving the bus when it comes to Iraq the gentleman will yield, I think Gra- timeline or a timetable to withdraw. policy. And this is an important ques- ham Ellison has stated it most elo- The Iraqi people want it. I dare say tion I know all of us feel. Yesterday, quently. He said ‘‘Americans are no the American people need to know two of our finest from the State of safer from nuclear terrorist attack about it. It is in the best interests of Washington were killed in Iraq, young today than we were on September 10, our national security, because what we men. 2001.’’ He said, ‘‘A central reason for are doing there is we are creating ter- The day before that, a young man that can be summed up in one word: rorists. We are eroding the efforts from Port Orchard, Washington, who Iraq. The invasion and occupation have against terrorism worldwide the longer had been fighting for life for 3 months diverted essential resources from the we stay there. We are viewed by the died in one of our hospitals in Texas. fight against al Qaeda, allowed the world as occupiers. All you have to do We need somebody to drive the bus of Taliban to regroup in Afghanistan, fos- is take a look at the recent polling Iraqi policy that is trustworthy, accu- tered neglect of the Iranian nuclear data, the most recent one being from a rate, and has a full understanding of threat, undermined alliances critical very reputable foundation, the Pew what is going on in Iraq. to preventing terrorism, devastated And when you ask yourself, does the Foundation, 33 out of 35 countries have America’s standing with the public in President meet those criteria for that a negative image of the United States. every country in Europe, and destroyed policy, does his policy meet that cri- Our own Government Accountability it in the Muslim world.’’ teria; was he right on weapons of mass Office that my friends on both sides of That about sums it up, where we destruction? No. Was he right on asso- the aisle know is a nonpartisan agency were and why we need a new direction. ciation with 9/11? No. Was he right on of the U.S. Congress has said this: anti- Mr. Speaker, I thank the gentlemen the number of troops we needed? No. American sentiment is broadening and Was he right on flak jackets for the for joining me this evening. deepening and is a threat to our na- troops? No. Was he right on armored f tional security and will hurt our ef- Humvees? No. Is he right on the issue FOREIGN AND DOMESTIC POLICY forts against terrorism. of who is actually doing the fighting And, of course, there is a possibility The SPEAKER pro tempore (Mr. now? He still wants to make it sound and a real potential that it will hurt us MCCAUL of Texas). Under the Speaker’s like it is just part of an international in other areas, and furthermore it announced policy of January 4, 2005, conspiracy, not a sectarian conflict could very well erode and hurt our the gentleman from Iowa (Mr. KING) is that is going on when Shiites and commercial interests. recognized for 60 minutes. Sunnis are killing themselves in the Mr. LARSON of Connecticut. One of Mr. KING of Iowa. Mr. Speaker, I ap- streets? No. preciate the privilege to address you the reasons that we come to the floor He still is wrong about the basic na- this evening, and I appreciate the fact this evening, and Mr. MCDERMOTT al- ture of the conflict, and yet some peo- that my message to you echoes across luded to it, is making sure that we do ple in Congress want to let him just America in this technology that we not sit idle to miss the so-called debate drive the bus after he has crashed it 52 have today. that Mr. DELAHUNT suggested took different times, and we have lost over As I awaited my opportunity to ad- place both here in this Chamber, a non- 2,500 of our finest as a result. binding discussion, if you will, and in dress the Chair, I also reflected upon the Senate. b 2100 many of the remarks that were made Because in the past, charges have It is time for someone else to start by my colleagues in the preceding seg- been made and leveled, slogans tossed driving the bus, and that is Congress; ment, and I would like to start out out, and they have not been responded to start asking these hard questions first by stating that there were some to. We are not going to stand by, be- and demand a different strategy remarks that I do agree with. I know cause the American public desires a Mr. DELAHUNT. Well, I would con- that may seem a bit unusual, but the new direction, and more importantly clude by asking a question, which is objection to the proposed policy by the desires people who are willing to speak that, ultimately, what has occurred be- newly sovereign nation of Iraq to the truth to power. cause of our invasion of Iraq? Let us rejection of the proposed amnesty is That is why JACK MURTHA is so cele- project 2 years, 5 years, 10 years. something that we stand together on, brated across this country. It is not so We hear so much talk about bringing as I heard my friend Mr. LARSON say; much for the particulars of his plan, democracy to the Middle East. Well, and I thank him for raising that issue but for the fact that he had the temer- you know what I see, I see an emerging tonight. ity to speak truth to power. And so we relationship between Iraq and Iran. I As I think about what that means, to will not stand idle, and we will come to already have noted that there is a bi- offer amnesty to someone for killing this floor on successive evenings to lateral military cooperation agreement Americans or killing coalition troops drive home the point to the American between Iran and Iraq. In my memory, but not amnesty if they happen to at- people. please help me, wasn’t Iran one of the tack Iraqis, whatever stripe they might Mr. DELAHUNT, you articulated so original members of the access of evil happen to be, and the same administra- clearly the need to level with the club? tion will be making demands on us to

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I would be happy no matter how temporary. Not even to No president should have their hands to yield to the gentleman from Con- talk about it. tied behind their back and then be necticut. Now we have a sovereign Iraq, with a drubbed here every night on the floor Mr. LARSON of Connecticut. I pro- new prime minister, Prime Minister of the House of Representatives and fusely thank you and hope you will Maliki, and we have a new minister of prevented from conducting his foreign join us in signing H.J. Resolution 90 defense and a new minister of the inte- policy. That is what happened at the that we have put on the floor and we rior, and now that they are finally end of the Vietnam War, and the end of hope to bring to a vote before the 4th standing on their own two feet, within that cost three million or more lives in of July so that we send a very specific a matter of weeks. We are tying their Southeast Asia because this Congress message. hands as well as the hands of the Com- tried to tie the hands, and effectively I think that is something that every- mander-in-Chief, the President of the did tie the hands, of the Commander- one in this Chamber will agree with. United States, the conductor of foreign in-Chief. Mr. KING of Iowa. Reclaiming my policy by Constitution, with language Now, we also hear that they are quite time, I thank the gentleman; and I will in the DOD appropriation bill that says offended by the term ‘‘cut and run.’’ take a good look at the text of that. I that not $1 of those funds can be used And you can describe it a lot of ways, know that philosophically we do agree, to even negotiate for a temporary base, but I can’t describe it any better than and I will give it serious consideration, no matter how desperately it might be cut and run. That is what I heard they and that is the spirit that we should needed by the newly sovereign Iraq. want to do. Why can’t they simply wait operate in in this Chamber. I appre- Now, that is a shortsighted policy. for the new government of Iraq to get ciate the gentleman’s work on this That is a foolish policy, Mr. Speaker. It their feet on the ground and establish cause. is a policy that if we had followed that themselves and do what they are doing, I do also, though, have an obligation policy in each one of the other con- which is taking on this enemy? They to lay out a disagreement, and that flicts we had been in, for example, we are taking out the enemy, going into disagreement is with the language we wouldn’t have bases to operate out of Baghdad, in some of the neighborhoods heard with regard to permanent bases. in Kuwait. We wouldn’t still be in Ger- in Baghdad and cleaning those areas We know that a year ago there was lan- many, a pretty handy place to have. out. guage that was inserted into the De- We utilize those bases considerably in Now, war is never pretty. It is always partment of Defense appropriation bill, Germany. We wouldn’t be in places ugly, and it is always costly, and you and this was language that I under- across the Pacific. can never measure the progress of a stood a year ago was introduced by the And, in fact, that place we finally war by the minute or the hour or the gentleman from Pennsylvania (Mr. found out was the horizon. When the day. It has to be looked at incremen- MURTHA). This language prohibited any gentleman from Pennsylvania (Mr. tally. And sometimes a battle that is of the funds from being used to nego- MURTHA) said that we should imme- lost might end up being the war that is tiate for or to establish any bases in diately redeploy back to the horizon, won, and vice versa. Iraq. we couldn’t get him to define what the We know that the writings that came Now that language was taken out in horizon was for months. Finally, he has from General Giap and other com- conference. It passed through this defined horizon. Out on the horizon manders of the Vietnam military, they Chamber, and no one caught it, evi- from Iraq, so you can quickly deploy in were desperate. They were nearly ready dently, and it was taken out in con- case there is a crisis, and I don’t know to give up. But what gave them hope ference, I understand, at the request of why you would want to let it get to a and what kept them in that war and the White House, because the President crisis stage, but that was the strategy, kept them from giving up and surren- is the Commander-in-Chief. That is and now he has said that horizon is dering was the rhetoric on the part of something, Mr. Speaker, we didn’t hear Okinawa. We should redeploy to Oki- the left wing United States Senators over here in the last hour, about who it nawa. From there, we could mount air and House Members. is that conducts foreign policy in raids into Iraq, perhaps with some In fact, that is something that is in America. Constitutionally, the Presi- B–52s and do some carpet bombing to Bud Day’s book. Colonel Bud Day, who dent of the United States has the duty teach them a lesson, I guess. is the highest decorated living Amer- to conduct foreign policy, and he is the But when you are taking on a ter- ican war hero, writes in his book that Commander-in-Chief of our Armed rorist entity, you have to beat them on the first years of his incarceration as a Forces. the ground where they are. You can’t prisoner of war at the Hanoi Hilton, as The rest of this verbiage and rhetoric pull out and let things brew and then a prisoner of the North Vietnamese, that comes out is an effort to try to come back in with overwhelming force. after being shot down over there, the fence him in, limit his options, and The gentleman from Pennsylvania first years they had to write propa- sometimes make him look bad across knows that. He knows that if we ever ganda. But after a few years, all they the globe. But the President is the one pull out of Iraq, they will do every- had to do was quote people like Sen- who conducts our foreign policy, and thing they can to make sure we don’t ator KENNEDY and Senator Fulbright he is the Commander-in-Chief. But the go back for any reason whatsoever, no and Jane Fonda, and, he said, pick Murtha language a year ago would matter what the consequences. your House Member, that we quote as have tied the hands of the President, And I can tell you, Mr. Speaker, the well. would have tied the hands of the Iraqis consequences would be cataclysmic if That is going on in this conflict as and prohibited them from even negoti- we pull out of there, let things fall well, Mr. Speaker, in the same way ating for a temporary base, no matter apart, and then the terrorists will have these 30-some years later. The results how essential for the entire nation of the very thing they were seeking to es- are going to be different, because the Iraq. tablish in Iraq in the first place. American people are not going to fall Well, that language was stripped out So the Murtha language in the De- for this same rhetoric again. They are in conference, thankfully so; and the partment of Defense appropriation bill advocating cut and run. If they would bill went to the President without the did make it through this floor in the like to describe it some other way, Murtha language. This time, the bill House of Representatives. We could honestly, I would be happy to pick that

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What do they base in the United States or overseas. to know who they asked. I think you think, the kind of message they are We are not inclined to negotiate for could get a higher number than that. I sending? What do they think of the them, but we are inclined to negotiate think you could get 99 percent of the United States? for temporary bases where they make Iraqis to want us out of there, the same I wonder if they answered to the Pew sense and where we can reach an agree- way they wanted us out of there 3 Foundation’s poll, I wonder what the ment with the people who are the sov- years ago. They said so. They said, we gentleman that made this argument ereign government of each individual are happy to be liberated, and we want would say if they asked, do you have a nation in question, including Iraq. the Americans to go home, some day. positive or negative view of the United I would point out also that we have a But not any time soon, Mr. Speaker. States? neighbor to Iraq called Iran, and this Not before the Iraqi people have con- neighbor is developing nuclear capa- trol of the security of their country, b 2115 bility, not just the ability to build a not before the political solution at I am going to say I would expect they bomb and detonate a bomb, but the least gets some roots down and gets to would have said we have a negative ability to deliver that bomb to a target operate. And the President has made view, because that is all I hear is a neg- site. They have said that Israel has no this clear. ative view from that side of the aisle. I right to exist, and they want to wipe it But the people on the other side of don’t hear solutions. I hear negative off the map. the aisle would not let the President attacks on the White House, negative They have named us as one of their move troops out of Iraq at a rate that attacks on the Republicans and Con- number one enemies. So sitting next he sees fit. They always want to be a gress. door to Iran, with a couple of large little ahead of him. Somehow they will learn how to spell military bases, one would think that it If the President says we have 150,000 Republican with four letters so we can would be a pretty good idea not to fore- troops there, and they are thinking, truly be a four-letter word, instead of close an option to be able to maybe well, maybe he will pull 10,000 out next this optimistic, progressive operation mount an operation from the very month, they might hear a rumor com- that is looking for ways beyond the ho- bases that we have invested so many ing from the Pentagon, and that isn’t rizon to make the world a better place. dollars into. an air-tight operation over there ei- Then the question was from the gen- We have billions of dollars invested ther, Mr. Speaker, they might hear a tleman from Washington, Who was in Iraq. We have a tremendous amount rumor from the Pentagon that we are driving the bus when it comes to the of blood and treasure invested there, going to move 10,000 troops back to the Iraq policy? and that investment should return United States. So people on the other When you swear allegiance to uphold something back on it. It already has. It side of the aisle jump to the floor, run the Constitution, you are supposed to has returned freedom to the Iraqi peo- down here and say, I demand the Presi- understand what is in there. I need to ple. dent remove 10,000 troops and bring inform the gentleman, the person driv- If we play our cards right, and we are them back to the United States. And ing the bus, when it comes to Iraq pol- able to negotiate with them, we might they will pound on the podium and icy, is the person driving the bus when one day look at that and say it was a make that demand in the hopes it actu- very good thing that we stripped out it comes to foreign policy, and the per- ally happens. Because then they can the Murtha language and saved the op- son driving the bus when it comes to stand up and say, he finally listened. tions and the authority of the Presi- being Commander in Chief of our He wouldn’t listen for a long time, but, dent of the United States, who is Com- Armed Forces, in Iraq, its President finally, he listened. They want to get mander in Chief, and who by Constitu- Bush by Constitution. ahead of things so they can declare tion conducts our foreign policy. So I hope that has cleared up some of they were the cause of those decisions. I would be happy to yield to my the issues here. There are no negotia- And that just makes it harder for a friend from Tennessee, Mr. WAMP. Commander-in-Chief to make the right tions going on for permanent bases. Mr. WAMP. I thank the gentleman. I decisions. In fact, running out front There would be no negotiations going am very grateful that he has come to and trying to get in front of an issue on for permanent bases. We have no the floor tonight to discuss these mat- reminds me of Robespierre, who was permanent bases anywhere around the ters that are so important and even to one of the leaders in France during the globe. respond to some of what has already revolution, about the 1789 time period. We have no permanent bases here in been said here tonight. I think it is im- He looked out his window, and he said, the United States. They are all tem- portant for us, Mr. Speaker, to come the people are marching in the streets; porary bases. They are all established and talk about what sacrifices are I better get in front of them and see for a period of time, a term that can be made on the other side of the world on where they are going, for I am their agreed to by the parties involved. our behalf. leader. A few months later, Robespierre Sometimes it is a short term, some- British philosopher and historian was a head shorter. I don’t know if he times it is a longer term; but none are John Stuart Mill once wrote this about ever learned the lesson that you can’t permanent. If anyone thinks that here war: he said war is an ugly thing, but lead from the rear. You actually have in the United States we have perma- it is not the ugliest of things. The de- to have some vision of your own. nent bases like Fort Hood, for example, cayed and degraded state of moral and You can’t get up every morning and or Fort Campbell would be another, the patriotic feeling which thinks that try to decide who am I going to attack answer to that is, no, they aren’t per- nothing is worth war is much worse. A today; who am I going to make look manent either. All bases in the United person who has nothing for which they bad. Surely if I can pull some people States are all subject to the BRAC ap- are willing to fight, nothing they care down the ladder on either side of me, I proach. more about than their own personal will look better, if I can drag them We voted on that, and we are closing safety, is a miserable creature who has down the ladder. That is the mentality some bases, and we are downsizing no chance of ever being free unless that motivates a lot of the people on some bases and shifting some materials those very freedoms are made and kept the other side of the aisle. around. That ought to convince any- by better persons than himself. They said that, according to the Pew body in this Congress if they had ever Mr. Speaker, those persons are the Foundation, I didn’t hear the percent- been through a BRAC vote and a BRAC men and women in the uniform of our

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12585 Armed Forces. One thing I know, be- important to remove this genocidal hear all kind of rhetoric and all kind of cause I respect my friends on both mass murderer, terrorist, and they said talk. But America is too great to dumb sides of the aisle, is that the lessons of with weapons of mass destruction. it down to election-year rhetoric. history, including the Vietnam lesson, Now, sarin gas was found again. We I have come to the House floor to- taught America to support the troops, know he used it on hundreds of thou- night to just try to rise above it. I rare- the men and women in uniform, regard- sands of people. We know he is a geno- ly do this. I have tremendous friends less of how you feel about the mission, cidal mass murderer, just like on both sides of the aisle here, and I re- regardless of the decisions made by the Slobodan Milosevic was, and President spect this institution so much. What a Commander in Chief who is charged, as Clinton chose to remove him from privilege it has been for me to be here the gentleman from Iowa said, with Eastern Europe. But here we are today, for 12 years. making these critical decisions, duly frankly, second guessing, instead of But I have to tell you, Mr. Speaker. elected, even re-elected, in the midst of standing together. When the going gets tough, the tough this conflict. I have got to tell you, I believe deep get going, and it is tough, if we left Supported by a majority of the in my gut, Mr. Speaker, that it is a Iraq tomorrow with Sunni extremism, American people, and making these de- matter of time till we are hit again. We al Qaeda, Hezbollah. cisions with an all volunteer force, cannot sleep. We cannot rest. We must Hamas was elected in Palestine, a every man and woman in uniform, be vigilant, and the Senator was right. terrorist organization was elected to today, volunteered to serve. I have Now, in northern Africa, what they are the government, and now more people been with our President, with tears looking for is a vacuum, Mr. Speaker. are being elected terrorists in Somalia. rolling down his face, talking about the They are looking for a sovereign nation Terrorism is on the rise. We are on the sacrifices that these mostly young men from which to operate. offensive, or we are in retreat. Take and women are willing to make on our You cannot convince me Iraq was not your pick. Take your pick. You can’t behalf, knowing that this call is a dif- right to be a sovereign nation from have it both ways. I am glad this President has been ficult call, knowing that the sacrifices which to operate. You cannot convince strong and tough and consistent. The are extraordinary, and, yes, we have me, and I am on the Homeland Secu- other people around the world are pay- lost over 2,500; many, many more have rity appropriations subcommittee, ing attention. Don’t tell me Moammar been there since we created the Depart- been injured. Gadhafi turned over his nuclear weap- But I have got to tell you, freedom is ment of Homeland Security. Briefed at ons because we weren’t strong. He never free, and every time it has been a very high level, you can’t convince turned them over because we were handed from one generation to the me that there were not connections strong and consistent. He did not want next, it has been handed by the men with al Qaeda operatives and Saddam to be on the list of countries that we Hussein. and women in the uniform, and they were watching closely and concerned Now all you hear about this rhetoric are there making that sacrifice for us. were aiding and abetting terrorist net- here is this November. It is not about I want them to look back in this inter- works with weapons of mass destruc- what has happened or what is hap- active world we live in and see us tion. So he turned them over. standing behind them, not talking pening. It is about them retaking the This is a strong President, exerting about leaving early, never retreating, majority in the Congress. So let us just leadership during very difficult times, always finishing what we start. call it what it is. While I am on my extraordinarily difficult times. Be- Let me tell you, I saw a Democratic feet, let me say, Mr. Speaker, that we cause this war doesn’t really have a Senator on television this weekend are blocking and tackling and trying to front line, and there is no one to sign a talking about what is happening in do the people’s business in this House truce or a treaty with at the end, be- northern Africa, specifically Somalia. as the majority. I am encouraged. cause global terrorism now is spreading You and I were in Africa together a Our economic policies are working, around the world through the Sunni year and a half ago, talking about amazingly durable economy today. I extremism, this makes this the tough- Sunni extremism that has spread am amazed at that growth that is tak- est of all fights. around the globe and influenced the ing place out there in America. I am It is the easiest to cast doubt about. east coast of Africa. This is not be- amazed that unemployment is this low, It is the easiest to throw rocks at. cause of what has happened in Iraq; it virtual full employment. I am amazed There will be some rocks thrown in the is happening if we are not in Iraq. It is that everything we have been through next 41⁄2 months. I think it is time for happening, and it manifested itself on from Katrina and Rita to terrorism all some people to come to this floor and September 11, 2001, no, 1993 is when around, that we are still this strong, speak out about what is at stake. Num- they wanted to bring down the World and it is because we have enacted ber one, the main thing that people ex- Trade Center, but they didn’t. Their sound, economic policies. pect of a President or this Congress is engineering didn’t work. Legislative line item veto passed the to protect them from threats. Did we pay enough attention then, or House last week. It is a compromise If you don’t think that Sunni extre- the other 30 times that our ships and that we know the Supreme Court, or, mism and radical terrorism is a threat, our interests in hotels that we own we believe, will uphold this time. The it is why we are working so hard in the around the world were bombed by ter- President can eliminate unnecessary House to secure our southern border, rorist extremist, from radical Islam? spending, something the people back not come up with some notion of how No, we didn’t pay enough attention. We home continue to want from this Con- to encourage other people to come here even retreated from human intel- gress. illegally, like we got out of the other ligence. We cut the budget. We also came up with a compromise body, but securing the other border, Mr. Speaker, if we are not on the of- for the death tax, because you really stopping the inflow of people into this fensive today, freedom is at risk again shouldn’t be taxed again when you die. country that can bring damage to us for this generation. Man, I am glad Within 6 months, the IRS shows up. and bring harm to our people. Security that these men and women will stand This is a compromise. is the main thing. in harm’s way on our behalf and stand We are reasonable people, but we are I tell you, in the wake of September in the gap. Absolutely we hail them. going to continue to press the fun- 11, I know mistakes have been made, Iraq is difficult, but it is a decision damentals of blocking and tackling but I would rather be on the offensive, that was made. Over half the Demo- and doing the people’s business. I am fighting them on our terms and their crats in the United States Senate voted encouraged that there is some momen- land rather than on their terms and to use force to remove Saddam Hus- tum in this House again. I am encour- our land. It really does boil down to sein, and almost half the Democrats in aged by the leadership of this House. that. this House voted to use force to remove I tell you what, I know this is the Again, I respect everyone who comes Saddam Hussein. They thought it was silly season. Next 41⁄2 months you will up with their open plan, and I believe

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12586 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 the debate ought to come to this House year or more to give the Iraqi people a debate the differences between them as for it, and we ought to do it in a civil chance at freedom. Because they be- candidates, to determine who would be way. But I tell you, I believe that those lieve, as ZACH WAMP and I believe and the nominee for the presidency. They people that understand this threat and as President Bush believes, that we decided that they would line up and know historically what has been nec- never go to war against another free take shots at the President. Whoever essary to deal with these threats people. Free people resolve their dif- could be the most aggressive criticizer should come down here and defend, not ferences at the ballot box, not on the of the President presumably would be only the men and women that are car- battlefield. That demonstration of that the one who then won the nomination rying it out, but the principle that says has been true throughout history, and and went on to run for the presidency sometimes freedom comes with a price. it can be true in the Middle East as and perhaps the White House. We have got to promote our way of well. That is when Howard Dean melted life around the world, not be policemen I continually point out this example, down, JOHN KERRY emerged. The JOHN around the world, but to promote free- and that is on 9 November, 1989, when KERRY who stood there and said over dom. Free countries do not war with the Berlin Wall went down, when peo- and over again, wrong war, wrong one another. I believe in that. I think ple climbed over the top of it and chis- place, wrong time. First I voted for it that is a Bush doctrine, and I believe in eled pieces of it out and broke cham- before I voted against it. That example that. Twenty-two Arab League coun- pagne bottles on it and families were of leadership, that gift that kept on tries, none of them really have our reunited, the story in the mainstream giving, and probably the biggest reason form of government. media was all about how families were why we have this fine leader in the reunited, and they seemed to think it White House today is that that gift b 2130 was all a personal thing, that now they that kept on giving kept reminding the None of them really freely elect their didn’t have to write letters across the people that there was a stronger leader leaders. None of them really respect wall or maybe wave through the Bran- that had a clearer vision; and that has the dignity of an individual. None of denburg Gate at each other or go to been true in spite of relentless, relent- them really give women full rights and Checkpoint Charlie and figure out how less attacks. privileges. None of them really have they might get through. My friend from Tennessee also talked freedom of the press, freedom of reli- No, it wasn’t about that. It wasn’t about how important it is for us to be gion, freedom of thought. Those are the about that at all. It was about the end a sovereign Nation that secures our kind of freedoms that will contain and of the Cold War. It was about the Iron borders; and I wish to pick up on that eliminate terrorism over time. Curtain crashing down November 9, subject matter, Mr. Speaker. Because, as I watch this situation, This is a bold proposition. It is a 1989, not predicted until you look back and we knew that when we were at- world-changing proposition. I actually at Ronald Reagan when he said, Mr. tacked by enemies from within, most believe it is the right thing to do. Gorbachev, tear down this wall. And of whom had violated our immigration Mr. KING of Iowa. I thank the gen- the people tore down the wall out of a laws in one form or another, faulty pa- tleman from Tennessee, and I wish to desire for freedom. perwork or let their visas expire, en- associate myself with every remark That desire for freedom, once that tered into the United States by a meth- made here in this spontaneous dem- wall went down, November 9, 1989, od that may or may not have been onstration of Mr. WAMP’s heart and within about 2 to 3 short years, free- legal, but certainly the majority of head and involvement in this big effort dom echoed across eastern Europe, al- them were not legal at the time that that we have. I don’t think it can be most bloodlessly. And I will say vir- they attacked the United States, the 19 overemphasized, and I am going to tually bloodlessly in the single most hijackers from September 11, tell us make it a point to go back and look at significant historical event of my life- that if they want to come here to do us the CONGRESSIONAL RECORD and read time, the end of the Cold War, Mr. ill, then we needed to secure our bor- through those words again. Sometimes Speaker. That freedom that echoed there is a gem that shows up here on ders. across eastern Europe for hundreds of So we got busy and spent a lot of the floor; and this is something that millions of people can be the same free- money and set up a lot of new stand- happened tonight, Mr. Speaker. I do dom echoing across the Arab world for ards; and we have things now that are greatly appreciate it. hundreds of millions of people. And halfway in place, like US VISIT, where I want to emphasize that I believe that is a formula for a final victory in we have a computer database now that that our United States military that is the global war on terror. tracks everybody that comes into involved in this conflict, this global But not until then. Because there is a America, that is not quite yet tracking war on terror, it is the very highest habitat that breeds terrorists. There is everybody that goes out of America, so quality military ever sent off to war. religious fanatical beliefs that their we don’t have a balance sheet list of And I don’t say that to diminish the path to salvation is in killing people who is here. We just have a list of who contribution on the part of anybody, who are not like them. And we are came. If they come back again, then we especially the greatest generation or some of their preferred targets. Wher- can presume that they left and went those wars that came behind. I say this ever we are, they will attack us until home again and then came back again. to build on top of that reputation, not that ideology is defeated. You have got But, other than that, we have not diminish it. to do it boots on the ground there, and caught up with US VISIT. But some of the reasons we heard you have got to give people freedom We set up the security in our airports from Mr. WAMP were, first of all, they and hope, and that is what we have where it is locked down tight. Yes, are an all-volunteer service. And not been doing ever since September 11, they make mistakes and sometimes only that, they are people that have all 2001. The American people have voted things get through. But for a while volunteered for this conflict, because on that issue. They have elected their there, you couldn’t get a nail clipper this conflict has gone on long enough Commander-in-Chief. onto an airplane without them break- that everyone had a chance to re up. So I heard these Presidential debates in ing off the file that you might use to everybody that is in uniform got to Iowa. First in the Nation caucuses and clean your nails and file them with. consider the current state of conflict continually eight or nine and some- That is how tight it has gotten. And globally, and they signed back up again times ten candidates for the White our matches and cigarette lighters, in numbers far larger than ever antici- House would get up every morning and things like that have been shut off of pated. decide what can I say to tear down our airplanes. So we have done a lot. They said, I am going back for a sec- President Bush. And they would have We have done a lot to create a TSA ond tour, I will go back for a third advisory teams out there trying to find that is there protecting our airports. tour, I will put my life on the line, and soft spots that they could attack the And we are doing a better job at our I will certainly put it on hold for a President on. They didn’t stand up and ports. In fact, the job that is being

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12587 done at our ports is far better than the fectively the policy allowed them to and Medicare. The greatest govern- critics would have you believe, because come into this country and disappear. ment expenses now are Social Security it has got a random and statistical se- But I have just got to say, the folks and Medicare. These are guarantees to lection process of these containers that that I represent, and this is really people that reach a certain age in the are sealed containers, and it is more where we need to stay focused, the peo- work force or 65 for health care, and we important than opening every one and ple back home, they know that we have cannot allow a system that invites peo- looking through them to use our re- a system in this country that people ple into that system that haven’t paid sources to pick which ones to open, who are sick can walk into the emer- into that system. which ones to x-ray, which ones to look gency room of safety net hospitals and And I have got to tell you, the legis- through. receive free health care, regardless of lation we see coming out of the other In fact, I have been the witness to their ability to pay, regardless of their body, it is a recipe for more Social Se- some of that success as they have gone socioeconomic condition or even curity deficits in this country, because through sealed containers in our ports whether they are a citizen of this coun- it will invite illegal immigrants into and uncovered contraband material try. And as long as we have that sys- the Social Security system. We cannot that is in there. tem, then that system is very much at tolerate that. So if anybody thinks we But our most porous and most open risk if we allow the continued increase are heartless, we are protecting, honest vulnerability that we have, Mr. Speak- of illegal immigration into this coun- to goodness, we are protecting seniors er, is the vulnerability in the 2000-mile try. by securing the border and not going border between us and Mexico. Down Now, they also say all we really care for an amnesty plan to blanket people there, when you have that kind of trav- about, you people in Washington need into this country. el of people flowing across the border, to know is that you secure the south- Listen, I had a young lady come up and I sit on the Immigration Sub- ern border and slow and hopefully stop to me a few years ago, not more than committee, and for now 31⁄2 years, I the influx of illegal immigration across three, in Cleveland, Tennessee. She was have heard continual testimony, nearly the southern border. from eastern Europe. She came up to every week, that deals with how many I had a person ask me this past Sat- me; and she, too, had a teary eyed, people are coming across our border. urday, at home at a meeting, what choking voice and said, Congressman, And that number, the most consistent about the Canadian border? Well, it is it took me over 5 years to become a number that I come up with as I listen important, too, but that is not where United States citizen. I worked an to this testimony from border patrol the influx of illegal immigration is hourly job, and it cost me several thou- officers, high-ranking officials, it is coming across. It is the southern bor- sand dollars for a long period of time to their job to know this, and they will der. become a U.S. citizen. And the day say that, well, that number is perhaps So you have got to go, you know, the that I received my citizenship, she had four million a year coming across our hunters go where the ducks are. You a real strong eastern European accent, southern border. Four million. And know, if you are trying to stop the flow she said, it was the happiest day of my they will testify that they stop 25 to 33 of illegal immigration, you go where it life. And her eyes gleamed, and she percent, a fourth to a third of those is happening. And the lawless environ- said, please do not dishonor my com- that seek to come across our borders, ment on our southern border demands mitment by granting citizenship to which means you have a positive op- action. people who came here illegally. portunity, a chance, the odds are bet- People say, well, you can’t build the Let me tell you, that is something ter that if you want to come into the Great Wall of China on the southern that is lost in this debate. What about United States illegally across the border. You don’t have to. In this day the people who did go through the ef- southern border, it is better that you and age, you can put a protective fence fort to do it right? What about the peo- make it that you don’t. around your yard of your home to keep ple who we, you know, we embrace im- We stopped, out of that four million your animals from leaving that you migration. The history of this country that come across the border a year ago, can’t see. If you can do that, you can is embracing immigration. We want we had stopped 1,159,000. That was for have the technology with a protective people to immigrate here; and, frankly, 2004. For 2005, we stopped 1,188,000 of barrier. Some of it is going to be a we want people to come here and work. those. Most of those were put on a bus, fence, literally. Some of it is going to I have got to tell you, a lot of people turned around and taken down to the be the latest in technology. that are coming across the southern port of entry, and they got off the bus, But, listen, and I know the gen- border are hard-working people. No and they watched them walk through. tleman who is sitting in the Chair to- question about it. But just because Some of them got picked up within 24 night knows from his extraordinary they are hard-working people and just hours when they came back in again. service in Homeland Security, we have because they are providing a benefit to We have a catch and release program not deployed the technology that we us doesn’t mean we have to say, okay, that will stop them seven to 14 times have available to us in the area of we are going to stamp you as a citizen before we adjudicate them and punish homeland security. You talk about US because you came here illegally. them, rather than just take them back. VISIT. It is going fast now. But But I would be happy again to yield through biometrics and the latest in b 2145 to my friend from Tennessee at any technology, we are actually going to be No. That doesn’t mean that. As a time. able to keep track of people from all matter of fact, that means we are Mr. WAMP. I think, Mr. Speaker, in around the world. We really are. throwing the rule of law out the win- all fairness, we should point to some We are almost at 300 million people dow. We are watering it down. Let me successes by the Department of Home- in this country. But in terms of our in- tell you, once you go down that slip- land Security since last September in tellectual capability and the advance- pery slope of not honoring the rule of changing the policy from catch and re- ment of technology, we are so close to law all the time, that is one of the lease to catch and return. As I tell peo- being able to keep track of these peo- things that on this floor is debated and ple back home in Tennessee, that the ple coming across the border and also frankly in strong support for making policy really was, going back to 1986, deploy systems, technologically, to de- sure that everyone is held accountable that you would actually release people tect people coming across the border, under the rule of law and that no one is coming across the southern border that all across the southern border. exempt from the rule of law. No one. were apprehended, you know, pending a So job one is secure that border. The No Member of Congress is exempt from court date. And there is always a other thing my people are concerned the law. No one is. So why would we chuckle in the audience because they about are illegal immigrants tapping embrace this notion that illegal immi- know that that illegal immigrant into Social Security, which we already gration is okay and that those folks would not show up for court. And so ef- know is under great stress and duress, too will become citizens? No. There is a

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12588 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 process that you go through, and we stand up for the rule of law. It is one of anyone heard the Commander in Chief want to honor that process and honor the reasons they came here. And they speak about that subject matter? Has the commitments made by those who followed the law. They jumped through that been uttered in a press con- came here legally. the hoops, and they respect this. And ference? Is it anything that seems to be Another tough issue, no question, they want us to honor their citizenship part of the lexicon or the rhetoric that and we face many. I think the fun- and support this rule of law and also comes from the White House? And I damentals are as challenging as they defend our border. think no. But I think that needs to be have been in 30 years right now in this And the time I spent on the border, a very big part of this debate. If we country. But as I said earlier, when the and there have been a number of times want to take a position that we cannot going gets tough, the tough get going. that I have gone down and invested my stop honest people from coming into It is time for us to step up. Every gen- time there, I sit down had and, of the United States, why do we think we eration sooner or later is called on to course, I meet with the highest rank- can stop the dishonest ones that want meet these great challenges, and our ing people that are there, and I see the to come into the United States? generation is meeting those great chal- display of all the equipment that they And that is why I contend that the lenges. have and the technology they use and time that I spent on the border, the I have to say that I think the Great- the tactics that they use, and the effec- time that I sat down there in the dark est Generation, the World War II gen- tiveness that comes with that gives me and listened to the illegals unload from eration, from September 11 forward is a nice warm feeling. their vehicles that drive up near the looking at our generation saying, I’ll Then I go back down there, and I sit border, get out, pick up their be darned, they do have what it takes. alongside the border, and I talk with backpacks and infiltrate into the They have stepped up. I know that a the rank-and-file people that are the United States, those that I have seen lot of people say we are the ‘‘me’’ gen- boots on the ground, Mr. Speaker, and that are crossing illegally, the things eration and that we are selfish. No. I I listen to what they have to say. I lis- that you see in the streets, 500,000 see people giving back. I see a lot of ten to the Texas border sheriffs, what marching in the streets of Los Angeles our sons and daughters, every parent of they have to say, and the local law en- with Mexican flags, that ought to give a person in our military today, they forcement along through Arizona as us an image to go by. They are feeling are giving back. Our sons and daugh- well, and I come up with a little bit dif- so confident, so self-assured, so strong ters are giving back. They are stepping ferent picture. And that picture is, as I that they go to the streets to dem- up to meet our generation’s challenge. said earlier, 4 million people pouring onstrate against us, thinking that they So we have got to pull together, Mr. across our southern border every year; will scare us into granting them am- Speaker. and yet if we appropriate the funds re- nesty. And I thank the gentleman from quested by the President, it will be $8 I mean, the threat of can you imag- Iowa for letting me weigh in. billion to protect our sovereign border, ine a lawn that wasn’t neatly trimmed Mr. KING of Iowa. Mr. Speaker, re- 8 billion. And yet the numbers of ille- or can you imagine having to cook claiming my time, I thank the gen- gal crossings are going up, not going your own steaks? Some of those things tleman and appreciate his delivery down. The dollars’ worth of illegal are arguments that have been made, here on the floor. I would point out for his edification drugs coming across the border are Mr. Speaker. So I think the American that at that town where you met that going up, not going down. people did get a message from that. I lady in Cleveland, Tennessee, is where So one would think if money were think they understand that there is a I believe this suit was made. You will the answer, if we just threw more growing force here in the United be glad to know that I look around to money at it, and we had more Border States, and it is growing faster than find American-made suits, and I buy Patrol officers and we had the National 450,000 or so a year illegals coming in, them off the rack in Denison, Iowa, and Guard down there that the border growing faster than most realize. I am proud to do it. crossings would go down. Well, they Because if 4 million come in and we I appreciate that contribution to this will in some areas until they retool and stop a little over 1 million and take succession here tonight as well. And I do their end-run and go through the those physically back to the border and point out also, Mr. Speaker, that it areas that are vulnerable. And the watch them go back through the turn- isn’t just Americans that believe this President has said that we simply can- stile, some are back the next day. way. It isn’t just Americans that con- not stop people at the border that want Some are not going back to the border cur with the statements of Mr. WAMP to come here for a better life. If they because the Mexican consulate has all and myself, but I have a survey in front want jobs to provide for their families, of the credentials for them to have ac- of me. That survey is of the Hispanics they are going to come. That has kind cess to our stations everywhere along in America, and some of these polls are of been his answer and it is almost the the border, and they decide which ones this: that opposing increasing overall same tone. As he contends that we can- go back and which ones do not. Now, levels of immigration, overall immi- not stop people that want to come here why do we let the Mexican Government grations of immigration, legal or ille- for jobs, I would argue that we can. In decide that? That is the same men- gal, 56 percent of Hispanics oppose it, fact, of the forces pushing on our tality of one who would write into a and 31 percent say let us go ahead and southern border, the easiest force to bill that we have to go consult with increase the levels of immigration. But stop is the one of the honest hard- Mexico before we could build a fence on 56 percent, a significant majority, are working people that just want to have our southern border. opposed to increasing those levels of a job and a better way of life. Those are Now, I do not disagree with the gen- immigration. the easier ones to stop. And if we can- tleman from Tennessee. There is a lot Benefits for illegal aliens, 60 percent not stop them, then we sure in the of technology that we ought to be of Hispanics oppose; 20 percent support world are not going to be able to stop using. But I am a little bit more of a benefits for illegal aliens. And then the criminals, the terrorists, those fellow that says I know what does even a guest worker program is kind of that want to come here to do us ill, work. We do not know that the tech- split. It leans a little bit in favor of a those that are carrying $65 billion nology works. I hope it does, but I guest worker program, but it is not de- worth of illegal drugs across our bor- know what does work. And as I sat cidedly in favor of that. der. down there on that border and I A pathway to citizenship, Hispanics That is a tremendous amount of watched them catching drug dealers in America oppose that for people who force, $65 billion pushing against our and pulling 180 pounds of marijuana are in this country illegally today, 52 border and the drugs that come out from underneath the bed of a truck to 38 percent. through there. Ninety percent of the il- and then hauling a Mexican across the So this is not something that alien- legal drugs in the United States come border from Mexico that had been ates Hispanics in America when you across the border from Mexico. Has stabbed in the liver in a knife fight

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12589 that just happened while I was there, feet tall, tongue and groove, reinforced we are spending $4 million for that those incidents come along so often with steel, and you would just pick mile, every mile, to wear out Humvees that it is just part of the daily life them up with a crane. They weigh and have our Border Patrol park on the down there. And the only way that you about 188 pounds, and you drop them in X and watch people come through, can shut that off with that force is to the slot one at a time. The first one sometimes a border that is not even build a fence and a wall. would go in like that. Then you pick up marked, let alone fenced. And if it is And I do not submit that we do all the second one and you put it in like fenced, it is not even a barrier for 2,000 miles all at once. I submit that we this. And pretty soon we end up with a human beings. do so where the highest pressure is, and wall here that will keep illegals out. It We are talking about building a lot of then when they start going around the will keep the illegals out, and it will fences along the border that are vehicle end, extend the fence and extend the also keep out the drug runners, the barriers so semi-trucks full of mari- wall. But I would put a 10-foot high smugglers, the terrorists. juana cannot get through and straight chain link fence on that border. And I And this is a pretty quick operation. trucks full of marijuana cannot get would put that fence all the way. We It is not hard to do at all. Our little through and pickup trucks that have need to define the border, and ‘‘vir- construction company, which I sold to drugs in them, it is harder for them to tually’’ does not define the border. So I my oldest son, could do about a mile of get through. would put a 10-foot high wall. I would this a day. Now, we are not going to be But, still, what they do is they just put razor wire on top. I would put a in the business of bidding this. I want create burreros, pack horses, human sign on the south side about every 200 to tell you that in the beginning. That pack horses. So they will bring the feet in Spanish that says: Here is the is not my interest. I am just taking my drugs up to the border, and if there is Web page you can check with your background, Mr. Speaker, and using it a vehicle barrier there, they will throw wireless laptop, how to get in connec- to demonstrate how simple it is to put their marijuana through, their drugs tion with the U.S. consulate and how together a design that they are not through, go through and load their you come to the United States legally. going to get across. backpacks up with that, and each one Go apply here. Do not be knocking on Now, it doesn’t mean that they are of them carries 50 pounds of drugs, 25 the gate on this fence because it is not not going to have some kind of human miles across the desert, up to a pre- open unless you have the credentials to catapult and launch people across it or determined location point where they come here legally. that they will not design and build will then take their packs and toss Every nation has to do that. And as some kind of a 12-foot-high ladder. Yes, them in the back of the semi or the they begin to tear down that 10-foot they will. But it is not going to be that straight truck. high chain link fence and cut holes easy because we are going to put some b 2200 through it and do it like I saw them of this wire right on top of there called down there south of Lukeville where concertina wire, or razor wire. I only Some of those people then, the they had cut through the chain link put on one roll, but you could put on illegals that are carrying drugs in that fence and chained it back up again and two or three, set that the concrete. We pack train, the burreros in the pack put a hinge in there and a gate through can then put cameras on the backside, train, climb in the truck and they go our chain link fence with a double pad- if we choose, or on the front side. This on into the United States. Some of lock on it and a great big guard dog on would be about 100 feet inside the chain them are continuing drug dealers. the Mexican side, that is their passage link fence. So there would be 100 feet of Some are criminals, some want just an into the United States, Mr. Speaker, no man’s land that one could patrol. So honest day’s work. And some turn and it has got to be shut off. Those are they would have to come through our around and walk 25 miles back down in people who mean us ill will. 10 feet high chain link fence on the the desert and pick up another load So I am going to submit this: this south side with the razor wire on top of and come back again. box, before I cut the notch in it, this that. And they will try to do that. When they tell us that maybe 4 mil- represents, let us say, the New Mexico, When they get to this wall, they lion people came into the United the Arizona, and the Texas part of the would probably carry their 12-foot lad- States, but a lot of them went back border, maybe part of California. Now, der through the fence. They would put home again, some of them are going just plain old desert. We go in here to it up on top and they would try to get back to get another load of illegal build this wall and we dig a trench over here on this side. They do not drugs. through here. This is, Mr. Speaker, the know what is over here. They cannot That is how $65 billion worth of ille- trench that one would dig. And as we see the sensors, the cameras, the vibra- gal drugs comes into the United States, dig this trench, we build some ma- tion sensors, the infrared, whatever is and we can’t stop that if we are simply chines up in Iowa that do a good job. there that would trigger our warning, going to sit down there and think that They are the kind of machines that and that will let the Border Patrol con- we are going to do this by a virtual ap- you pull this trencher along here, and verge on that area. proach to the border. We have to do it as you do that, you pull the slipformer We can shut this traffic off going physically. We have to stop it. in behind it, and you pour a slipformer across our southern border at least 90 $20 billion gets wired back to Mexico of about a 5-foot-deep tongue down in percent and maybe even a number ap- out of the wages and labor that is here. And it has got a slot in it, a notch proaching 100 percent if we make a there. Another $20 billion gets wired to in it. And you move along with that commitment to the manpower to pa- the Caribbean and Central America trencher and that slipformer, pouring a trol a wall like this. And it will take from the labor of the United States of footing for this concrete wall that goes far less manpower. We are spending $8 people that are here. So there is $40 bil- across the desert. A 5-foot-deep slot in billion on our southern border, $8 bil- lion that goes south of the border that it with a foundation so that it holds lion. That is $4 million a mile. And I comes off of the labor. Out of the $75 the vertical wall up and it is rigid. would say this: if you would pay me $4 billion worth of labor at the hands of And then you get a footing that looks million and say, Steve, you protect illegal people in the United States, something like this. It won’t quite be that mile, I am going to protect that most of it comes out of there. It is $40 above the ground, Mr. Speaker, because mile. There will not be a species of billion going south. Additionally, there this area right here would be flush with anything getting across that mile if is another $65 billion paying for the the ground. But, nonetheless, one gets that is what my contract says. drugs that are coming north. the image here that we are working So I will submit that the easiest way So we have got altogether over $100 with. to do that with the least amount of billion being used for drugs and the And then you bring in truckloads of manpower is build a fence, build a wall. economic incentive for Vicente Fox. these precast concrete panels. These This can be constructed for about $1.3 Over $100 billion. And what is the next panels would be 10 feet wide, about 121⁄2 million a mile. One point three, when highest economic factor in the Nation

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12590 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 of Mexico? Oil. $28 billion worth of oil. Property Flipping in HUD’s Single Family port pursuant to the Federal Vacancies Re- But this overall drug and human pack- Mortgage Insurance Programs; Additional form Act of 1998; to the Committee on Gov- age for just Mexico is $85 billion, near- Exceptions to Time Restriction on Sales ernment Reform. ly 3 times the value of the oil in Mex- [Docket No. FR-4911-F-02] (RIN: 2502-AI18) re- 8266. A letter from the Special Assistant to ceived June 16, 2006, pursuant to 5 U.S.C. the Secretary, Department of Veterans Af- ico. 801(a)(1)(A); to the Committee on Financial fairs, transmitting a report pursuant to the So we must stop this. We must do it Services. Federal Vacancies Reform Act of 1998; to the with a human barrier. We can do it 8255. A letter from the Assistant Secretary, Committee on Government Reform. with this wall. We can build this for Department of Education, transmitting the 8267. A letter from the Director, Environ- $1.3 million a mile. I will stand with it. Department’s final rule — Office of Special mental Protection Agency, transmitting the We will design the machines to do it. Education Programs—State Personnel De- Agency’s 2005 report on the Notification and We will build it, Mr. Speaker, and we velopment Grants Program — received June Federal Employee Anti-Discrimination and 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to need to stand together as a country. Retaliation Act of 2002 for the period of Oc- the Committee on Education and the Work- tober 1, 2004 through September 30, 2005; to f force. the Committee on Government Reform. 8256. A letter from the Deputy Assistant 8268. A letter from the Director, Environ- LEAVE OF ABSENCE for Export Administration, Department of mental Protection Agency, transmitting the By unanimous consent, leave of ab- Commerce, transmitting the Department’s Agency’s 2005 report on the Notification and sence was granted to: final rule — General Order Concerning Federal Amployee Anti-Discrimination and Mayrow General Trading and Related Enti- Mr. HIGGINS (at the request of Ms. Retaliation Act of 2002 for the period October ties [Docket No. 060531141-6141-01] (RIN: 0694- 1, 2004 through September 30, 2005; to the PELOSI) for June 27 before 4:00 p.m. AD76) received June 6, 2006, pursuant to 5 Committee on Government Reform. f U.S.C. 801(a)(1)(A); to the Committee on 8269. A letter from the President, Ford International Relations. Foundation, transmitting the Foundation’s SPECIAL ORDERS GRANTED 8257. A letter from the Secretary, Depart- 2005 Annual Report; to the Committee on By unanimous consent, permission to ment of Health and Human Services, trans- Government Reform. mitting the semiannual report on the activi- address the House, following the legis- 8270. A letter from the Deputy Archivist of ties of the Office of Inspector General for the the United States, National Archives and lative program and any special orders period October 1, 2005 through March 31, 2006, heretofore entered, was granted to: Records Administration, transmitting the pursuant to 5 U.S.C. app. (Insp. Gen. Act) Administration’s final rule — NARA Facility (The following Members (at the re- section 5(b); to the Committee on Govern- Locations and Hours [NARA-06-0004] (RIN: quest of Mr. MEEK of Florida) to revise ment Reform. 3095-AB50) received June 21, 2006, pursuant to and extend their remarks and include 8258. A letter from the Chairman of the 5 U.S.C. 801(a)(1)(A); to the Committee on extraneous material:) Board, Pension Benefit Guaranty Corpora- Government Reform. tion, transmitting the semiannual report on Mr. DEFAZIO, for 5 minutes, today. 8271. A letter from the Director, Office of activities of the Inspector General of the Personnel Management, transmitting a leg- Ms. LEE, for 5 minutes, today. Pension Benefit Guaranty Corporation for (The following Members (at the re- islative proposal entitled, ‘‘To make tech- the period October 1, 2005 through March 31, nical corrections to the process for certifi- quest of Mr. JONES of North Carolina) 2006, pursuant to 5 U.S.C. app. (Insp. Gen. cation of Federal agencies’ performance ap- to revise and extend their remarks and Act) section 8G(h)(2); to the Committee on praisal systems, and for other purposes’’; to include extraneous material:) Government Reform. the Committee on Government Reform. 8259. A letter from the Inspector General, Mr. BURGESS, for 5 minutes, June 28 8272. A letter from the Director, Office of Agency for International Development, and 29. Personnel Management, transmitting the transmitting the semiannual report on the semiannual report on the Management Deci- Mr. OSBORNE, for 5 minutes, June 27 activities of the Inspector General for the pe- sions and Final Action on the Office of the and 28. riod ending March 31, 2006, pursuant to 5 Inspector General’s Audit Recommendations Mr. BURTON of Indiana, for 5 minutes, U.S.C. app. (Insp. Gen. Act) section 5(b); to for the period of October 1, 2005 to March 31, today and June 27, 28, 29, and 30. the Committee on Government Reform. 8260. A letter from the Federal Co-Chair, 2006, pursuant to 5 U.S.C. app. (Insp. Gen. Mr. BILIRAKIS, for 5 minutes, today Act) section 5(b); to the Committee on Gov- and June 27 and 28. Appalachian Regional Commission, trans- mitting the semiannual report on the activi- ernment Reform. Mr. GOHMERT, for 5 minutes, today ties of the Office of Inspector General for the 8273. A letter from the Secretary, Smithso- and June 27 and 28. period September 30, 2005 through April 1, nian Institution, transmitting a copy of the Mr. MCHENRY, for 5 minutes, June 27, 2006, pursuant to 5 U.S.C. app. (Insp. Gen. Institution’s audited financial statement for 28, 29, and 30. Act) section 8G(h)(2); to the Committee on fiscal year 2005, pursuant to 20 U.S.C. 57; to the Committee on Government Reform. f Government Reform. 8261. A letter from the Chairman, Broad- 8274. A letter from the Director, Adminis- ADJOURNMENT casting Board of Governors, transmitting a trative Office of the U.S. Courts, transmit- ting the annual report on applications for Mr. KING of Iowa. Mr. Speaker, I copy of the Broadcasting Board of Gov- ernors’ 2005 Annual Report, pursuant to Sec- court orders made to federal and state courts move that the House do now adjourn. tion 305(a)(9) of the U.S. International Broad- to permit the interception of wire, oral, or The motion was agreed to; accord- casting Act of 1994, Pub. L. 103–236; to the electronic communications during calendar ingly (at 10 o’clock and 2 minutes Committee on Government Reform. year 2005, pursuant to 18 U.S.C. 2519(3); to the p.m.), under its previous order, the 8262. A letter from the Chairman, Broad- Committee on the Judiciary. House adjourned until tomorrow, June casting Board of Governors, transmitting the 8275. A letter from the Director, Regu- semiannual report on the activities of the latory Management Division, Office of the 27, 2006, at 9 a.m., for morning hour de- Executive Secretariat, Department of Home- bate. Office of Inspector General for the period Oc- tober 1, 2005 to March 31, 2006, pursuant to 5 land Security, transmitting the Depart- f U.S.C. app. (Insp. Gen. Act) section 5(b); to ment’s final rule — Electronic Signature and the Committee on Government Reform. Storage of Form I-9, Employment Eligibility EXECUTIVE COMMUNICATIONS, 8263. A letter from the General Counsel, Verification [BICE 2345-05; DHS-2005-0046] ETC. Department of Housing and Urban Develop- (RIN: 1653-AA47) received June 16, 2006, pur- Under clause 8 of rule XII, executive ment, transmitting a report pursuant to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on the Judiciary. communications were taken from the Federal Vacancies Reform Act of 1998; to the Committee on Government Reform. 8276. A letter from the Acting Adminis- Speaker’s table and referred as follows: 8264. A letter from the Attorney General, trator, General Services Administration, 8253. A letter from the Secretary, Depart- Department of Justice, transmitting the transmitting an informational copy of the ment of Agriculture, transmitting a draft Semiannual Management Report to Congress General Services Administration’s Fiscal bill entitled, ‘‘Commodity Credit Corpora- for October 1, 2005 through March 31, 2006, Year 2007 Capital Investment and Leasing tion (CCC) Budget proposals’’; to the Com- and the Inspector General’s Semiannual Re- Program report, pursuant to 19 U.S.C. mittee on Agriculture. port for the same period, pursuant to 5 2213(b); to the Committee on Transportation 8254. A letter from the Counsel for Legisla- U.S.C. app. (Insp. Gen. Act) section 5(b); to and Infrastructure. tion and Regulations, Department of Hous- the Committee on Government Reform. 8277. A letter from the Chief, Publications ing and Urban Development, transmitting 8265. A letter from the Attorney, Depart- and Regulations Branch, Internal Revenue the Department’s final rule — Prohibition of ment of Transportation, transmitting a re- Service, transmitting the Service’s final rule

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 12591 — Administrative, Procedural, and Miscella- 801(a)(1)(A); to the Committee on Ways and ances; adversely (Rept. 109–528). Referred to neous (Rev. Proc. 2006-31) received June 16, Means. the House Calendar. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8288. A letter from the Chief, Publications Mr. GINGREY: Committee on Rules. House Committee on Ways and Means. and Regulations Branch, Internal Revenue Resolution 890. Resolution providing for con- 8278. A letter from the Chief, Publications Service, transmitting the Service’s final rule sideration of the bill (H.R. 5672) making ap- and Regulations Branch, Internal Revenue — Clarification of Notice 2006-26 [Notice 2006- propriations for Science, the Departments of Service, transmitting the Service’s final rule 53] received June 7, 2006, pursuant to 5 U.S.C. State, Justice, and Commerce, and related — Weighted Average Interest Rate Update 801(a)(1)(A); to the Committee on Ways and agencies for the fiscal year ending Sep- [Notice 2006-55] received June 9, 2006, pursu- Means. tember 30, 2007, and for other purposes (Rept. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 8289. A letter from the Chief, Publications 109–529). Referred to the House Calendar. on Ways and Means. and Regulations Branch, Internal Revenue Mr. SESSIONS: Committee on Rules. 8279. A letter from the Chief, Publications Service, transmitting the Service’s final rule House Resolution 891. Resolution providing for consideration of the bill (H.R. 4973) to re- and Regulations Branch, Internal Revenue — 2006 Prevailing State Assumed Interest store the financial solvency of the national Service, transmitting the Service’s final rule Rates; Correction (Announcement 2006-35) re- flood insurance program, and for other pur- — Pacific Gas and Electric Company v. ceived June 7, 2006, pursuant to 5 U.S.C. poses (Rept. 109–530). Referred to the House United States, 417 F.3d 1375 (Fed. Cir. 2005), 801(a)(1)(A); to the Committee on Ways and Calendar. rev’d 55 Fed. Cl. 271 (2003) — received June 21, Means. Mr. POMBO: Committee on Resources. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8290. A letter from the Chief, Publications H.R. 4761. A bill to provide for exploration, Committee on Ways and Means. and Regulations Branch, Internal Revenue development, and production activities for 8280. A letter from the Chief, Publications Service, transmitting the Service’s final rule mineral resources on the outer Continental and Regulations Branch, Internal Revenue — Deduction for Energy Efficient Commer- Shelf, and for other purposes; with an Service, transmitting the Service’s final rule cial Buildings [Notice 2006-52] received June amendment (Rept. 109–531). Referred to the — Examination of Returns and Claims for 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee of the Whole House on the State Refund, Credit or Abatement; Determination the Committee on Ways and Means. of the Union. of Correct Tax Liability (Rev. Proc. 2006-32) 8291. A letter from the Chief, Publications f received June 21, 2006, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue 801(a)(1)(A); to the Committee on Ways and Service, transmitting the Service’s final rule PUBLIC BILLS AND RESOLUTIONS Means. — Credit for New Qualified Alternative Under clause 2 of rule XII, public 8281. A letter from the Chief, Publications Motor Vehicles [Notice 2006-54] Receive June bills and resolutions were introduced and Regulations Branch, Internal Revenue 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to Service, transmitting the Service’s final rule the Committee on Ways and Means. and severally referred, as follows: By Mr. YOUNG of Alaska (for himself — Information Returns Required with Re- f spect to Certain Foreign Corporations and and Mr. OBERSTAR) (both by request): Certain Foreign-Owned Domestic Corpora- REPORTS OF COMMITTEES ON H.R. 5678. A bill to provide for enhanced tions [TD 9268] (RIN: 1545-BF49) received PUBLIC BILLS AND RESOLUTIONS safety and environmental protection in pipe- June 21, 2006, pursuant to 5 U.S.C. line transportation, to provide for enhanced 801(a)(1)(A); to the Committee on Ways and Under clause 2 of rule XIII, reports of reliability in the transportation of the Na- Means. committees were delivered to the Clerk tion’s energy products by pipeline, and for 8282. A letter from the Chief, Publications for printing and reference to the proper other purposes; to the Committee on Trans- and Regulations Branch, Internal Revenue calendar, as follows: portation and Infrastructure, and in addition to the Committees on Energy and Com- Service, transmitting the Service’s final rule [Filed on June 23, 2006] — Amounts Paid Pursuant to a Leave-Shar- merce, and Resources, for a period to be sub- Mr. HYDE: Committee on International ing Plan to Assist Employees Affected by a sequently determined by the Speaker, in Relations. House Resolution 946. Resolution Major Disaster Declared by the President of each case for consideration of such provi- requesting the President and directing the the United States [Notice 2006-59] received sions as fall within the jurisdiction of the Secretary of State to provide to the House of June 21, 2006, pursuant to 5 U.S.C. committee concerned. Representatives certain documents in their 801(a)(1)(A); to the Committee on Ways and By Mr. BOEHLERT: possession relating to strategies and plans H.R. 5679. A bill to establish a grant pro- Means. either designed to cause regime change in or gram to fund eligible joint ventures between 8283. A letter from the Chief, Publications for the use of military force against Iran; ad- United States and Israeli businesses and aca- and Regulations Branch, Internal Revenue versely (Rep. 109–526). Referred to the House demic persons, to establish the International Service, transmitting the Service’s final rule Calendar. Energy Advisory Board, and for other pur- — Examination of Returns and Claims for Mr. SENSENBRENNER: Committee on the poses; to the Committee on Science. Refund, Credit, or Abatement; Determina- Judiciary. House Resolution 819. Resolution By Mr. SMITH of New Jersey (for him- tion of Correct Tax Liability (Rev. Proc. requesting the President and directing the self, Mr. PAYNE, Mr. WOLF, Mr. LAN- 2006-28) received June 7, 2006, pursuant to 5 Attorney General to submit to the House of TOS, Mr. TANCREDO, Mr. TOWNS, Mr. U.S.C. 801(a)(1)(A); to the Committee on Representatives all documents in the posses- RANGEL, Mr. LEACH, Mr. ROHR- Ways and Means. sion of the President and the Attorney Gen- ABACHER, Mr. MORAN of Virginia, Mr. 8284. A letter from the Chief, Publications eral relating to requests made by the Na- CHABOT, Mr. AL GREEN of Texas, Mr. and Regulations Branch, Internal Revenue tional Security Agency and other Federal SABO, Ms. LORETTA SANCHEZ of Cali- Service, transmitting the Service’s final rule agencies to telephone service providers re- fornia, Mr. SCOTT of Virginia, Ms. — Guidance Under Section 7874 Regarding questing access to telephone communica- CORRINE BROWN of Florida, and Ms. Expatriated Entities and their Foreign Par- tions records of persons in the United States MCKINNEY): ents [TD 9265] (RIN: 1545-BF48) received June and communications originating and termi- H.R. 5680. A bill to encourage and facilitate 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to nating within the United States without a the consolidation of security, human rights, the Committee on Ways and Means. warrant (Rept. 109–527). Referred to the democracy, and economic freedom in Ethi- 8285. A letter from the Chief, Publications House Calendar. opia; to the Committee on International Re- and Regulations Branch, Internal Revenue lations. [Submitted June 26, 2006] Service, transmitting the Service’s final rule By Mr. YOUNG of Alaska (for himself — Communications Excise Tax; Toll Tele- Mr. SENSENBRENNER: Committee on the and Mr. LOBIONDO): phone Service [Notice 2006-50] received June Judiciary. House Resolution 845. Resolution H.R. 5681. A bill to authorize appropria- 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to requesting the President and directing the tions for the Coast Guard for fiscal year 2007, the Committee on Ways and Means. Secretary of Defense and the Attorney Gen- and for other purposes; to the Committee on 8286. A letter from the Chief, Publications eral to transmit to the House of Representa- Transportation and Infrastructure. and Regulations Branch, Internal Revenue tives not later than 14 days after the date of By Mr. HYDE (for himself, Mr. LANTOS, Service, transmitting the Service’s final rule the adoption of this resolution, documents Ms. ROS-LEHTINEN, Mr. ACKERMAN, — Definition of Regulated Investment Com- relating tot he termination of the Depart- Mr. BURTON of Indiana, Mr. WILSON of pany (Rev. Rul. 2006-31) received June 7, 2006, ment of Justice’s Office of Professional Re- South Carolina, Mr. FALEOMAVAEGA, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sponsibility’s investigation of the involve- Mr. ENGEL, Mr. CROWLEY, and Mr. mittee on Ways and Means. ment of Department of Justice personnel in ETHERIDGE): 8287. A letter from the Chief, Publications the creation and administration of the Na- H.R. 5682. A bill to exempt from certain re- and Regulations Branch, Internal Revenue tional Security Agency’s warrantless sur- quirements of the Atomic Energy Act of 1954 Service, transmitting the Service’s final rule veillance program, including documents re- a proposed nuclear agreement for coopera- — Rules for Certain Reserves (Rev. Rul. 2006- lating to Office of Professional Responsibil- tion with India; to the Committee on Inter- 25) received June 7, 2006, pursuant to 5 U.S.C. ity’s request for and denial of security clear- national Relations, and in addition to the

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Committee on Rules, for a period to be sub- resume External Tank production less than 5 H.R. 4761: Mr. MURPHY and Mr. GRAVES. sequently determined by the Speaker, in weeks after the storm passed; to the Com- H.R. 4794: Mr. DOYLE, Ms. MCCOLLUM of each case for consideration of such provi- mittee on Science. Minnesota, and Mr. CARDOZA. sions as fall within the jurisdiction of the By Mr. TOWNS: H.R. 4844: Mr. WILSON of South Carolina. committee concerned. H. Res. 893. A resolution expressing the H.R. 5005: Mrs. BLACKBURN and Mr. PENCE. By Mr. HUNTER (for himself, Mr. sense of the House of Representatives that H.R. 5149: Mrs. CAPPS. BILBRAY, and Mr. ISSA): any reauthorization of the Ryan White H.R. 5150: Mr. MCGOVERN. H.R. 5683. A bill to preserve the Mt. CARE Act of 1990 should not impose cata- H.R. 5200: Mr. MCINTYRE, Mr. PORTER, Mrs. Soledad Veterans Memorial in San Diego, strophic losses in funding for States with the MYRICK, Mr. MATHESON, Mrs. EMERSON, and California, by providing for the immediate highest prevalence of HIV/AIDS, and for Mr. BISHOP of Utah. acquisition of the memorial by the United other purposes; to the Committee on Energy H.R. 5204: Mr. FARR. States; to the Committee on Resources, and and Commerce. H.R. 5218: Mr. HINCHEY, Mr. GRIJALVA, and in addition to the Committee on Armed f Mr. STARK. Services, for a period to be subsequently de- H.R. 5229: Mr. THOMPSON of California, Mr. termined by the Speaker, in each case for ADDITIONAL SPONSORS MILLER of North Carolina, Mr. WEXLER, and consideration of such provisions as fall with- Under clause 7 of rule XII, sponsors Mr. GALLEGLY. in the jurisdiction of the committee con- H.R. 5247: Mr. KUCINICH. cerned. were added to public bills and resolu- H.R. 5249: Mr. EHLERS and Mr. MARIO DIAZ- By Mr. BOEHNER (for himself and Mr. tions as follows: BALART of Florida. MORAN of Virginia) (both by request): H.R. 147: Mrs. BLACKBURN. H.R. 5291: Mr. SCHWARZ of Michigan and H.R. 5684. A bill to implement the United H.R. 406: Ms. ZOE LOFGREN of California. Mr. CAMPBELL of California. States-Oman Free Trade Agreement; to the H.R. 503: Mr. BAIRD, Mr. HYDE, and Mr. H.R. 5319: Mr. SCHWARZ of Michigan. Committee on Ways and Means. SHUSTER. H.R. 5361: Mr. FEENEY and Mr. FERGUSON. By Mrs. KELLY (for herself, Mr. BOEH- H.R. 515: Mr. ENGEL. H.R. 5372: Mr. WYNN and Mr. LARSEN of LERT, Mrs. MCCARTHY, Mr. MCHUGH, H.R. 517: Mrs. BONO, Mr. KIND, Mr. THOMP- Washington. Mr. FOSSELLA, Mr. KING of New York, SON of Mississippi, and Mr. COSTELLO. H.R. 5382: Mr. SOUDER. Mrs. MALONEY, Mrs. LOWEY, and Mr. H.R. 752: Mr. MILLER of North Carolina. H.R. 5444: Ms. HARRIS and Mr. WELDON of ACKERMAN): H.R. 865: Mr. GIBBONS. Florida. H.R. 5685. A bill to designate the facility of H.R. 952: Mrs. NAPOLITANO. H.R. 5468: Mr. MEEKS of New York and Mr. the United States Postal Service located at H.R. 955: Mr. SCHIFF. CROWLEY. 19 Front Street in Patterson, New York, as H.R. 1100: Mr. WHITFIELD. H.R. 5473: Mr. GONZALEZ. the ‘‘D. Mallory Stephens Post Office’’; to H.R. 1243: Mr. SHADEGG. H.R. 5476: Mr. KING of Iowa. the Committee on Government Reform. H.R. 1366: Mr. BROWN of Ohio and Mr. DAVIS H.R. 5484: Mr. ENGLISH of Pennsylvania, By Ms. NORTON: of Kentucky. Mr. BURTON of Indiana, Ms. FOXX, and Mr. H.R. 5686. A bill to amend title XIX of the H.R. 1376: Mr. REICHERT. MILLER of Florida. Social Security Act to provide medical as- H.R. 1384: Mr. HALL. H.R. 5493: Mrs. EMERSON. sistance for certain men screened and found H.R. 1554: Mrs. NAPOLITANO. H.R. 5499: Mr. SHAYS, Mr. HOBSON, Ms. to have prostate cancer under a Federally H.R. 1671: Mr. RANGEL. HART, and Mr. BROWN of Ohio. funded screening program; to the Committee H.R. 1792: Mr. SMITH of New Jersey. H.R. 5513: Mr. FORD, Ms. MATSUI, and Mr. on Energy and Commerce. H.R. 1898: Mr. BURGESS and Mr. MURPHY. PORTER. By Mr. STUPAK: H.R. 2103: Ms. BORDALLO. H.R. 5520: Mrs. BONO and Mrs. DAVIS of H.R. 5687. A bill to require the Secretary of H.R. 2178: Mr. DELAHUNT, Mr. BROWN of California. Veterans Affairs to establish and operate a Ohio, and Mr. BLUMENAUER. H.R. 5538: Mrs. WILSON of New Mexico. community-based outpatient clinic in H.R. 2646: Mr. PEARCE. H.R. 5555: Ms. CORRINE BROWN of Florida. Alpena, Michigan; to the Committee on Vet- H.R. 2679: Mr. HUNTER, Mr. AKIN, Mr. PICK- H.R. 5556: Mr. COSTELLO. erans’ Affairs. ERING, and Mr. BLUNT. H.R. 5557: Ms. LEE. By Mr. ACKERMAN (for himself, Ms. H.R. 2793: Mr. KIND. H.R. 5562: Mr. MCCOTTER and Mr. CONYERS. ROS-LEHTINEN, Mr. LANTOS, Mr. BUR- H.R. 2822: Mr. ROTHMAN. H.R. 5587: Mr. PICKERING. TON of Indiana, Mr. BERMAN, Mr. KING H.R. 2869: Mr. SMITH of New Jersey, Mr. H.R. 5600: Mr. GONZALEZ and Mr. SCOTT of of New York, Mr. WAXMAN, Mr. DAVIS of Tennessee, Mr. WYNN, and Mr. HIN- Virginia. PENCE, Mr. ENGEL, Mr. MCCOTTER, CHEY. H.R. 5601: Ms. DELAURO, Mr. GONZALEZ, Mr. Mrs. LOWEY, Ms. HARRIS, Mr. WEX- H.R. 2945: Ms. BORDALLO and Mr. WEXLER. SCOTT of Virginia, and Ms. MCKINNEY. LER, Ms. SCHAKOWSKY, Mr. ROTHMAN, H.R. 2989: Mrs. WILSON of New Mexico. H.R. 5615: Mr. RANGEL. Mr. SCHIFF, Mr. SHERMAN, Mr. GRI- H.R. 3476: Mr. LOBIONDO. H.R. 5637: Mr. MCHENRY. JALVA, Ms. BERKLEY, Mr. HASTINGS of H.R. 3547: Mr. CUMMINGS. H.R. 5677: Mr. PLATTS. Florida, Mrs. MALONEY, Ms. MATSUI, H.R. 3576: Mr. KENNEDY of Rhode Island. H.J. Res. 86: Mr. FRANK of Massachusetts. Mr. CROWLEY, Mr. HOLT, Mr. HONDA, H.R. 3753: Mr. BOOZMAN. H.J. Res. 90: Mr. MEEKS of New York, Ms. Ms. WASSERMAN SCHULTZ, Mr. BROWN H.R. 3949: Mr. MCHENRY. BORDALLO, Mr. SCOTT of Virginia, Mr. ROTH- of Ohio, Mr. HIGGINS, Mr. DELAHUNT, H.R. 4188: Mr. SCHWARZ of Michigan and MAN, and Mr. TAYLOR of Mississippi. Ms. JACKSON-LEE of Texas, Mrs. Mr. SIMMONS. H. Con. Res. 318: Mrs. CAPPS. DAVIS of California, Mr. PALLONE, H.R. 4315: Mr. REHBERG. H. Con. Res. 340: Mr. KUHL of New York. Mrs. MCCARTHY, Mr. ETHERIDGE, Mr. H.R. 4366: Mr. WELDON of Florida. H. Con. Res. 390: Mr. DOYLE. KIRK, Mr. CARDIN, and Mr. SCOTT of H.R. 4416: Mrs. BIGGERT. H. Con. Res. 396: Mr. MCNULTY and Mr. Georgia): H.R. 4517: Mrs. LOWEY and Mr. SCHWARZ of BURTON of Indiana. H. Con. Res. 435. Concurrent resolution Michigan. H. Res. 79: Mr. LEWIS of Georgia, Mr. CLAY, congratulating Israel’s Magen David Adom H.R. 4547: Mr. MURPHY. and Mr. KILDEE. Society for achieving full membership in the H.R. 4562: Mr. ISSA, Mr. CARDOZA, Mr. CAN- H. Res. 350: Mr. ENGEL, Mr. BURTON of Indi- International Red Cross and Red Crescent TOR, Mr. CALVERT, Mr. ANDREWS, Mr. DANIEL ana, Mr. FALEOMAVAEGA, Mrs. NAPOLITANO, Movement, and for other purposes; to the E. LUNGREN of California, Mr. DOYLE, Mr. Ms. MCCOLLUM of Minnesota, and Mr. Committee on International Relations. SODREL, Mr. BERRY, Mr. BRADY of Pennsyl- SCHWARZ of Michigan. By Mr. MELANCON (for himself, Mr. vania, Mr. CONYERS, Mr. FATTAH, Mr. H. Res. 415: Ms. HARRIS. BOEHLERT, Mr. GORDON, Mr. CALVERT, GUTIERREZ, Ms. HOOLEY, Mr. KENNEDY of H. Res. 526: Mr. ENGEL. and Mr. UDALL of Colorado): Rhode Island, Mr. LARSON of Connecticut, H. Res. 533: Ms. BORDALLO. H. Res. 892. A resolution recognizing the Mr. LIPINSKI, Mr. ROGERS of Michigan, Ms. H. Res. 723: Mr. BACHUS, Mr. INGLIS of dedication of the employees at the National ROYBAL-ALLARD, Ms. SLAUGHTER, Mr. SMITH South Carolina, Mr. LARSEN of Washington, Aeronautics and Space Administration’s of Washington, Ms. SOLIS, Mr. GARRETT of and Mr. KING of New York. Michoud Assembly Facility, the ‘‘Michoud New Jersey, Mrs. LOWEY, Mr. KNOLLENBERG, H. Res. 759: Ms. SOLIS and Mrs. LOWEY. Hurricane Ride-Out Team’’, who risked their Mr. YOUNG of Alaska, Mr. JACKSON of Illi- H. Res. 760: Ms. LORETTA SANCHEZ of Cali- lives during Hurricane Katrina’s assault on nois, Mr. MURPHY, Mr. RUSH, Mrs. BIGGERT, fornia. southeast Louisiana, and kept the genera- Mrs. WILSON of New Mexico, Ms. BORDALLO, H. Res. 800: Mr. SCHIFF and Mrs. MYRICK. tors and pumps running to protect the facili- Mr. FORTUN˜ O, Mr. TANNER, Mrs. EMERSON, H. Res. 848: Mr. CROWLEY, Mr. ACKERMAN, ties and flight hardware, and whose dedica- Mr. ROSS, Mr. BOUSTANY, and Mr. DAVIS of Mr. KIRK, Mr. ROTHMAN, Mr. ENGEL, Mr. tion kept the Michoud Assembly Facility an Alabama. FRANK of Massachusetts, Mr. GERLACH, Mr. island of dry land, which made it possible to H.R. 4597: Mr. COOPER and Mr. SKELTON. MCNULTY, and Ms. SCHAKOWSKY.

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H. Res. 854: Ms. JACKSON-LEE of Texas, Mr. H.R. 5672 ating the participation of additional coun- WEXLER, Mr. UDALL of Colorado, and Mr. OFFERED BY: MR. CARDOZA tries under the visa waiver program de- MANZULLO. scribed in section 217 of the Immigration and AMENDMENT NO. 1: At the end of the bill H. Res. 858: Ms. WASSERMAN SCHULTZ. (before the short title), add the following: Nationality Act (8 U.S.C. 1187). H. Res. 860: Mr. ABERCROMBIE, Mr. PAYNE, TITLE VIII—ADDITIONAL GENERAL H.R. 5672 Mr. HOEKSTRA, Mr. LANTOS, and Ms. PROVISIONS OFFERED BY: MR. HEFLEY MILLENDER-MCDONALD. H. Res. 874: Mr. BISHOP of Georgia, Mr. SEC. 801. For ‘‘OFFICE OF JUSTICE PRO- AMENDMENT NO. 7. At the end of the bill REHBERG, and Mr. PAUL. GRAMS—JUSTICE ASSISTANCE’’ for the Drug (before the short title), insert the following: Endangered Children grant program, as au- TITLE VIII—ADDITIONAL GENERAL f thorized by section 755 of the USA PATRIOT PROVISIONS Improvement and Reauthorization Act of SEC. 801. Total appropriations made in this AMENDMENTS 2005 (Public Law 109–177), and the amounts Act are hereby reduced by $598,390,000. Under clause 8 of rule XVIII, pro- otherwise provided by this Act for ‘‘BUREAU OF THE CENSUS—SALARIES AND EXPENSES’’ (re- H.R. 5672 posed amendments were submitted as duced by $10,000,000) and for ‘‘OTHER—SALA- OFFERED BY: MS. EDDIE BERNICE JOHNSON OF follows: RIES AND EXPENSES, DEPARTMENTAL TEXAS H.R. 4973 MANGAGEMENT’’ (reduced by $10,000,000) are AMENDMENT NO. 8. At the end of the bill OFFERED BY: MR. BURTON OF INDIANA hereby reduced by, $20,000,000. (before the short title), add the following: AMENDMENT NO. 1: Page 29, after line 2, in- H.R. 5672 TITLE VIII—ADDITIONAL GENERAL sert the following new section: OFFERED BY: MR. CHOCOLA PROVISIONS SEC. 17. NOTIFICATION AND APPEAL OF MAP AMENDMENT NO. 2: Page 110, after line 8, in- SEC. 801. The amounts otherwise provided CHANGES; NOTIFICATION OF ESTAB- sert the following new title: by this Act are revised by reducing the LISHMENT OF FLOOD ELEVATIONS. TITLE VIII—ADDITIONAL GENERAL amount made available for ‘‘DEPARTMENT Section 1363 of the National Flood Insur- PROVISIONS OF STATE AND RELATED AGENCY—AD- ance Act of 1968 (42 U.S.C. 4104) is amended SEC. 801. None of the funds made available MINISTRATION OF FOREIGN AFFAIRS—EDU- by striking the section designation and all by this Act may be used by the National Aer- CATIONAL AND CULTURAL EXCHANGE PRO- that follows through the end of subsection onautics and Space Administration for trav- GRAMS’’, and increasing the amount made (a) and inserting the following: el policies and practices in contravention of available for ‘‘OFFICE OF JUSTICE PRO- ‘‘SEC. 1363. (a) In establishing projected Office of Management and Budget circular GRAMS—JUVENILE JUSTICE PROGRAMS’’, by flood elevations for land use purposes with No. A–126. $9,872,000. respect to any community pursuant to sec- H.R. 5672 tion 1361, the Director shall first propose H.R. 5672 such determinations— OFFERED BY: MR. CHOCOLA OFFERED BY: MS. EDDIE BERNICE JOHNSON OF TEXAS ‘‘(1) by providing the chief executive offi- AMENDMENT NO. 3: At the end of the bill cer of each community affected by the pro- (before the short title), insert the following: AMENDMENT NO. 9: At the end of the bill posed elevations, by certified mail, with a re- TITLE VIII—ADDITIONAL GENERAL (before the short title), add the following: turn receipt requested, notice of the ele- PROVISIONS TITLE VIII—ADDITIONAL GENERAL vations, including a copy of the maps for the SEC. 801. None of the funds made available PROVISIONS elevations for such community and a state- in this Act may be used for business class or SEC. 801. For ‘‘OFFICE OF JUSTICE PRO- ment explaining the process under this sec- first class airline travel by employees of the GRAMS—JUVENILE JUSTICE PROGRAMS’’ for the tion to appeal for changes in such elevations; Department of State in contravention of 41 Juvenile Delinquency Prevention Block ‘‘(2) by causing notice of such elevations to CFR 301–10.122 through 301–10.124. Grant program, as authorized by Part C of be published in the Federal Register, which the Juvenile Justice and Delinquency Pre- notice shall include information sufficient to H.R. 5672 vention Act of 1974, and the amount other- identify the elevation determinations and OFFERED BY: MS. DEGETTE wise provided by this Act for ‘‘BROADCASTING the communities affected, information ex- AMENDMENT NO. 4: At the end of the bill BOARD OF GOVERNORS—INTERNATIONAL plaining how to obtain copies of the ele- (before the short title), insert the following: BROADCASTING OPERATIONS’’ is hereby reduced vations, and a statement explaining the TITLE VIII—ADDITIONAL GENERAL by, $33,452,000. process under this section to appeal for PROVISIONS changes in the elevations; H.R. 5672 SEC. 801. The amounts otherwise provided ‘‘(3) by publishing the elevations in a OFFERED BY: MR. LYNCH by this Act are revised by increasing the prominent local newspaper; and AMENDMENT NO. 10: Page 26, line 6, after amount made available for ‘‘OFFICE OF JUS- ‘‘(4) by providing written notification, by the dollar amount, insert the following: ‘‘(in- TICE PROGRAMS JUSTICE ASSISTANCE’’ (con- first class mail, to each owner of real prop- creased by $30,000,000)’’. erty affected by the proposed elevations of— sisting of an additional $5,000,000 for Internet Crimes Against children Task Forces, as au- Page 26, line 16, after the dollar amount, ‘‘(A) the status of such property, both prior insert the following: ‘‘(increased by to and after the effective date of the pro- thorized by Public Law 105–119) and reducing the amount made available under title I for $30,000,000)’’. posed determination, with respect to flood Page 39, line 21, after the dollar amount, ‘‘DEPARTMENT OF JUSTICE GENERAL ADMINIS- zone and flood insurance requirements under insert the following: ‘‘(reduced by this Act and the Flood Disaster Protection TRATION SALARIES AND EXPENSES’’, by $5,000,000. $15,000,000)’’. Act of 1973; Page 39, line 25, after the dollar amount, ‘‘(B) the process under this section to ap- H.R. 5672 insert the following: ‘‘(reduced by peal a flood elevation determination; and OFFERED BY: MR. GARRETT OF NEW JERSEY $15,000,000)’’. ‘‘(C) the mailing address and phone number AMENDMENT NO. 5: Page 110, after line 8, in- Page 40, line 2, after the dollar amount, in- of a person the owner may contact for more sert the following: sert the following: ‘‘(reduced by $15,000,000)’’. information or to initiate an appeal.’’. TITLE VIII—ADDITIONAL GENERAL H.R. 5672 H.R. 4973 PROVISIONS OFFERED BY: MR. MICA OFFERED BY: MR. JINDAL SEC. 801. None of the funds made available AMENDMENT NO. 11: Page 36, line 8, after AMENDMENT NO. 2: At the end of the bill, in this Act may be used to send or otherwise the dollar amount, insert the following ‘‘(in- add the following new section (and conform pay for the attendance of more than 50 em- creased by $15,000,000)’’. the table of contents accordingly): ployees from a Federal department or agen- Page 62, line 12, after the dollar amount, SEC. 20. ELIGIBILITY OF PROPERTY DEMOLITION cy at any single conference occurring outside insert the following: ‘‘(reduced by AND REBUILDING FOR MITIGATION the United States. $15,000,000)’’. ASSISTANCE PROGRAM. H.R. 5672 Page 62, line 19, after the dollar amount, Section 1366(e)(5)(B) of the National Flood OFFERED BY: MR. GINGREY insert the following: ‘‘(reduced by Insurance Act of 1968 (42 U.S.C. 4104c(e)(5)(B)) $15,000,000)’’. is amended by inserting after ‘‘flood risk’’ AMENDMENT NO. 6: At the end of the bill H.R. 5672 the following: ‘‘, or the demolition and re- (before the short title), insert the following: building of structures located in such areas TITLE VIII—ADDITIONAL GENERAL OFFERED BY: MR. MICA to at least Base Flood elevation or any PROVISIONS AMENDMENT NO. 12: Page 36, line 8, after greater elevation required by any local ordi- SEC. 801. None of the funds made available the first dollar amount, insert the following: nance’’. in title IV of the Act may be used for negoti- ‘‘(increased by $131,900,000)’’.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12594 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 9 June 26, 2006 Page 36, line 16, after the dollar amount, H.R. 5672 H.R. 5672 insert the following: ‘‘(increased by OFFERED BY: MR. PALLONE OFFERED BY: MR. STEARNS $131,900,000)’’. AMENDMENT NO. 17: Page 50, line 21, insert AMENDMENT NO. 22: Page 16, line 14, after Page 62, line 12, after the dollar amount, ‘‘(decreased by $1,000,000) (increased by the dollar amount, insert ‘‘(increased by insert the following: ‘‘(reduced by $1,000,000)’’ after ‘‘$52,760,000’’. $500,000)’’. $131,900,000)’’. H.R. 5672 Page 67, line 14, after the dollar amount, H.R. 5672 OFFERED BY: MR. POE insert ‘‘(reduced by $500,000)’’. OFFERED BY: MR. MICA AMENDMENT NO. 18: At the end of the bill, H.R. 5672 AMENDMENT NO. 13: At the end of the bill insert after the last section (preceding the OFFERED BY: MR. STEARNS short title), the following: (before the short title), insert the following: AMENDMENT NO. 23: At the end of the bill TITLE VIII—ADDITIONAL GENERAL TITLE VIII—ADDITIONAL GENERAL (before the short title), insert the following: PROVISIONS PROVISIONS TITLE VIII—ADDITIONAL GENERAL SEC. 801. None of the funds made available SEC. 801. None of the funds made available PROVISIONS in this Act may be used by the Secretary of in this Act may be used in contravention of SEC. 801. None of the funds made available State to implement a plan under section 7209 the Buy American Act (41 U.S.C. 10a et seq.). in this Act may be used by the International of the Intelligence Reform and Terrorism Boundary and Water Commission, United H.R. 5672 Prevention Act of 2004 (8 U.S.C. 1185 note) States and Mexico for new projects located that permits travel into the United States OFFERED BY: MR. MICA solely in Mexico until Mexico enforces its from foreign countries using any document AMENDMENT NO. 14: At the end of the bill northern border. other than a passport to denote citizenship (before the short title), insert the following: and identity. H.R. 5672 TITLE VIII—ADDITIONAL GENERAL H.R. 5672 OFFERED BY: MR. STEARNS PROVISIONS OFFERED BY: MR. ROGERS OF MICHIGAN AMENDMENT NO. 24: Page 27, line 3, after SEC. 801. None of the funds made available AMENDMENT NO. 19: Page 39, line 21, after the dollar amount, insert the following: ‘‘(in- in this Act may be used by the United States the first dollar amount insert ‘‘(reduced by creased by $2,000,000)’’ and conform the ag- and Foreign Commercial Service (USFCS) to $4,700,000)’’. gregate amount set forth on page 26, line 6, close any USFCS office in a foreign country Page 39, line 25, after the dollar amount in- accordingly. unless the Government of the United States sert ‘‘(reduced by $4,600,000)’’. Page 86, line 17, after the second dollar has withdrawn all personnel from the United Page 40, line 10, after the dollar amount in- amount, insert the following: ‘‘(reduced by States Embassy, missions, and other United sert ‘‘(reduced by $4,700,000)’’. $3,000,000)’’ and conform the aggregate States Government offices in such foreign Page 45, line 16, after the dollar amount in- amount set forth on page 86, line 17, accord- country. sert ‘‘(increased by $14,000,000)’’. ingly. H.R. 5672 H.R. 5672 H.R. 5672 OFFERED BY: MR. MICA OFFERED BY: MR. STEARNS OFFERED BY: MR. TANCREDO AMENDMENT NO. 15: Page 36, line 8, after the AMENDMENT NO. 20: At the end of the bill AMENDMENT NO. 25: At the end of the bill dollar amount, insert the following ‘‘(in- (before the short title), insert the following: (before the short title), insert the following: creased by $3,000,000)’’. TITLE VIII—ADDITIONAL GENERAL TITLE VIII—ADDITIONAL GENERAL Page 36, line 16, after the dollar amount, PROVISIONS PROVISIONS insert the following ‘‘(increased by SEC. 801. None of the funds made available SEC. 801. None of the funds made available $3,000,000)’’. in this Act may be used for the design, ren- in this Act may be used to enforce any of the Page 62, line 12, after the dollar amount, ovation, construction, or rental of any head- provisions in the Memorandum to all Depart- insert the following: ‘‘(reduced by quarters for the United Nations in any loca- ment and Agency Executive Secretaries $3,000,000)’’. tion in the United States. dated, February 2, 2001, and entitled ‘‘Guide- Page 62, line 22, after the dollar amount, H.R. 5672 lines on Relations With Taiwan’’. insert the following: ‘‘(reduced by OFFERED BY: MR. STEARNS H.R. 5672 $3,000,000)’’. AMENDMENT NO. 21: At the end of the bill OFFERED BY: MR. TERRY H.R. 5672 (before the short title), add the following: AMENDMENT NO. 26: Page 23, line 4, after OFFERED BY: MRS. MUSGRAVE TITLE VIII—ADDITIONAL GENERAL the dollar amount insert ‘‘(increased by AMENDMENT NO. 16: At the end of the bill PROVISIONS $50,000,000)’’. (before the short title), insert the following: SEC. 801. None of the funds made available Page 23, line 9, after the dollar amount in- SEC. ll. None of the funds made available in this Act may be used to carry out any pro- sert ‘‘(increased by $50,000,000)’’. in this Act may be used to carry out section vision of section 203 of the Voting Rights Act Page 55, line 21, after the dollar amount in- 924(p) of title 18, United States Code. of 1965 (42 U.S.C. 1973aa–1a). sert ‘‘(reduced by $50,000,000)’’.

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HONORING WALTER SENKOW FOR preneurship Week. As you are well aware, more just level, and to ensure that no Amer- UNPARALLELED YEARS OF PUB- businesses today face global competition at ican who works full time has to live in poverty. LIC SERVICE TO CHILDREN an unprecedented level. Outsourcing, off-shor- It should be a goal of this great Nation to THROUGHOUT DELAWARE COUN- ing, and supply-chaining have opened new guarantee as much. Yet last week we were TY, PENNSYLVANIA avenues to maximizing profit, but also pose denied the opportunity to vote on legislation to dangers to local companies and their employ- do just that. The House Republican Majority’s HON. CURT WELDON ees. The impact can be felt all over the coun- vote to block an increase in the minimum OF PENNSYLVANIA try. It is important that we recognize the critical wage for millions of Americans, stood in stark contrast to a vote cast just minutes afterward, IN THE HOUSE OF REPRESENTATIVES role entrepreneurship plays in sustaining an innovation driven economy. to give away millions in tax cuts designated for Monday, June 26, 2006 The lifestyle and economic success we only the very wealthiest Americans. Mr. WELDON of Pennsylvania. Mr. Speaker, enjoy as a Nation are in large part the result Mr. Speaker, I support tax relief for middle I rise today to join family, friends and commu- of successfully leveraged technologies by class families, small businesses and family nity leaders in extending my thanks and ap- some of our most creative thinkers in com- farmers. Unfortunately, in today’s debate on preciation to Walter Senkow as he celebrates merce. Our natural advantages as an eco- the estate tax, Democrats, led by Mr. POM- retirement after unparalleled years of public nomic superpower are waning, and we must EROY, were denied the opportunity to offer our service to children throughout Delaware Coun- commit to maintaining our leadership role in substitute, which would exempt 99.7% of all ty, PA. the global economy. This means continued estates from the estate tax entirely. In my Here in Congress, we often have occasion support of 7(a) small business loans, modern- state of New York only 422 estates—that is to pay tribute to the work of great men and izing and making permanent the tax credits for only one quarter of one percent of all estates women and comment on the impact they have research and development, and adequately in the entire state—would pay any estate tax had on us. It is fitting to recall that few have funding the Small Business Administration. We at all. a more important calling than those who have must also recognize the need for educating The Democratic substitute would have cost made a lifetime commitment on behalf of the our next generation of innovators. Along with far less than H.R. 5638 and is a superior ap- education of our children. In a career that has teaching math, science, and engineering skills, proach in a variety of ways. It would be paid spanned 44 years of school-board service, Mr. teaching entrepreneurship to the next genera- for by closing the gap in uncollected taxes, Senkow has involved himself in the education tion of leaders is one of the best investments and would have transferred estate tax revenue of young people at nearly every level. we can make in our economic future. tax receipts to shore up the Social Security Mr. Senkow, a retired Marine who served Entrepreneurship programs and research trust fund. Yet we were denied the opportunity during World War II, is a man for whom public offer the knowledge to grow pioneering ven- to vote on this Democratic substitute, and as service blended seamlessly into the fabric of tures that provide jobs and contribute to devel- a result the House passed a bill today that will his life. His leadership in education has led to opment. A systemic improvement in these do nothing to help the middle class and will significant improvements that will continue to areas also makes for better informed policy unnecessarily drive up our national debt. The legislation the House passed last make a difference in the lives of students for makers, investors, and support organizations Thursday will slash taxes for multimillionaires years to come. Among his singular achieve- that can better create an environment to foster while sticking our children and grandchildren ments at the Delaware County Intermediate innovation and entrepreneurial success. with the bill. H.R. 5638 will cost the American Unit (DCIU) were serving as board president America has prospered when it has led, par- people $762 billion over the first ten years it since 1983 and guidance of the project which ticularly in the fields of business and science. is in effect. This at a time when, due to the consolidated DCIU Education Service Center I believe we are at a ‘‘Sputnik’’ moment, and economic decisions of this Administration, we into the Morton, PA, location. need to rise to the challenge of new and are running huge annual budget deficits and Educator, administrator, advocate, and com- changing global landscape. It is vital that we our national debt is at a record high. We are munity leader, Walt Senkow has dedicated a do so with creativity and imagination. sinking further into debt held by foreign gov- lifetime of commitment to Delaware County, f ernments such as China and Japan, and fu- PA, and its residents. He has left an indelible ture generations of Americans will be paying mark—a model of all that a community mem- MINIMUM WAGE AND THE ESTATE the interest on this additional $762 billion in ber should be and an example to which we TAX debt for decades to come. would all aspire. Mr. Speaker, it is not often that in just one Mr. Speaker, Walt Senkow has dem- HON. BRIAN HIGGINS day in Congress the American people are able onstrated a unique and consummate dedica- OF NEW YORK to see the economic priorities of the Repub- tion to public service. I have no doubt that he IN THE HOUSE OF REPRESENTATIVES lican Majority so clearly. Yet last Thursday a will continue in these efforts even after his re- Monday, June 26, 2006 small handful of millionaires got off at a high tirement. On the occasion of his retirement, price to the rest of us, and hardworking men we thank him for his dedicated service and Mr. HIGGINS. Mr. Speaker, last Thursday and women took a huge hit. wish him all the best for the future. the House Republican Majority defeated a Democratic effort to increase the minimum f f wage. The current federal minimum wage, PERSONAL EXPLANATION SUPPORTING THE GOALS AND $5.15 per hour, has not been increased since IDEALS OF NATIONAL ENTRE- 1997. Consequently, inflation has eaten away PRENEURSHIP WEEK at its purchasing power to the point that, ad- HON. MICHAEL G. OXLEY OF OHIO justed for inflation, the minimum wage is now IN THE HOUSE OF REPRESENTATIVES HON. RUSH D. HOLT the weakest it has been in 50 years. This is Monday, June 26, 2006 OF NEW JERSEY not acceptable. IN THE HOUSE OF REPRESENTATIVES Energy prices are on the rise. The cost of Mr. OXLEY. Mr. Speaker, I was absent from college is skyrocketing. In Western New York, the House floor during rollcall votes 316, 317, Monday, June 26, 2006 middle class families are working harder yet and 318 taken on June 22. Mr. HOLT. Mr. Speaker, I rise today in sup- falling farther behind. The least this Congress Had I been present, I would have voted port of the goals and ideals of National Entre- can do is to update the minimum wage to a ‘‘nay’’ on No. 316 (the motion to recommit

● 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 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12596 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 June 26, 2006 H.R. 4890), ‘‘aye’’ on No. 317 (final passage teers our most sincere gratitude for their serv- Zoberman, spiritual leader of Congregation of H.R. 4890), and ‘‘aye’’ on No. 318 (final ices. We are most certainly a safer country Beth Chaverim in Virginia Beach, VA. The arti- passage of H. Res. 323). because of their outstanding efforts. Again, I cle by Rabbi Zoberman reads as follows: f have the great privilege of representing these Prime Minister Ehud Olmert’s successful special individuals and honoring them for their first official visit recently to the United TRIBUTE TO JAIME FABEY, ELIZA- selfless service to those who needed it the States was an expected formality between BETH TOPHAM, SALIL GABALE most during a time of national crisis. the leaders of two close and long-standing al- AND BRIAN BECK ON THEIR OUT- lies. It was also an essential opportunity for f STANDING COMMUNITY SERVICE the Israeli Prime Minister to extend the inti- IN ASSISTING THE HURRICANE HONORING BROOKSIDE ENGINE mate bond between his predecessor Ariel VICTIMS ALONG THE GULF COMPANY NO. 1 Sharon and President Bush, which Sharon learned to carefully cultivate, to his own COAST budding relationship with a mighty and nec- HON. RODNEY P. FRELINGHUYSEN essary friend. Olmert, a skilled politician who has been HON. CURT WELDON OF NEW JERSEY moving away from a somewhat abrasive de- OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES meanor, did find the right words of grati- IN THE HOUSE OF REPRESENTATIVES Monday, June 26, 2006 tude, deference and shared sentiment. In his Monday, June 26, 2006 granted appearance as a special guest before Mr. FRELINGHUYSEN. Mr. Speaker, I rise a joint session of Congress, he received no Mr. WELDON of Pennsylvania. Mr. Speaker, today to honor the Brookside Engine Com- less than 17 standing ovations reflecting it is a tremendous honor and privilege for me pany No. 1 in the Mendham Township Fire America’s genuine sympathy for the Jewish to rise to honor four young members of the Department and the Mendham Township Po- state which transcends those who happen to AmeriCorps Program for their heroic assist- lice Department, in the Township of Mendham, be in power on either side at a given time. ance to the individuals devastated by hurri- New Jersey, a patriotic community that I am In fact, the vital alliance born of common canes along the Gulf Coast. The National Ci- proud to represent. On July 4, 2006, the good values and interest between the senior and junior partners, has assumed a heightened vilian Community Corps (NCCC) program, citizens of Mendham Township will celebrate relevancy following 9/11 with the complex under AmeriCorps, is a full-time, teamwork-en- two historic occasions with a special festivities war on terrorism and the costly thrust to couraging, non-profit organization comprised and a parade: the 90th anniversary of Brook- bring democracy’s freedoms to the Middle of individuals ages 18–24 who strive to serve side Engine Company No. 1, and the 50th an- East and beyond. Who more than the ever be- the community at large, wherever assistance niversary of the Mendham Township Police leaguered State of Israel has experienced is needed. These four individuals, who so pa- Department. what terrorizing onslaught on innocent civil- triotically aided the residents of the Gulf Coast Brookside Engine Company No. 1 was ians and a cherished way of life is all about? area, reside in the 7th Congressional District The President gave his approving nod to founded on January 16, 1916, with 20 devoted the Prime Minister’s unilateral plan of the of Pennsylvania. charter members. During the ensuing 90 ‘‘realignment’’ (the latest term) of Israel’s AmeriCorps was founded in 1994, through years, Brookside Engine Company No. 1, future borders in the absence of a peace part- the enactment of the National Community composed entirely of volunteers, has been du- ner. The Palestinian Hamas-led government Service Trust Act. Members of the NCCC are tifully serving the community and surrounding even rejects Israel’s right to exist and is required to serve for a minimum of ten months towns. locked in a deadly struggle of a civil war na- at a time, and are Red Cross-trained and cer- Today, Brookside Engine Company No. 1 is ture with Fatah over running the Pales- tified in CPR, first-aid, and mass care. More led by Fire Chief Sam Tolley, who presides tinian Authority. When will the Palestinians than 1,600 NCCC members have extended stop the tragic cycle of never missing an op- over a membership of 45 regular volunteers portunity to miss an opportunity? Olmert their relief efforts to residents of the Gulf and a junior division of more than 12 members voiced support for the seemingly moribund Coast region since September 2005, and have between 16 and 18 years of age. Road Map which Bush welcomed, as the amassed approximately 600,000 hours of The Mendham Township Police Department President reiterated his embrace of Israel’s service—a truly commendable effort. was officially established on March 12, 1956. determination to hold onto its large settle- Jaime Fabey, an NCCC Team Leader, led a During its 50 years of existence, the depart- ment blocks on the West Bank while relin- group of ten Corps members on two disaster ment has employed a total of seven chiefs, a quishing control over sparsely populated ter- relief mission-projects along the Gulf Coast. In testament to its sterling reputation. ritory to allow for the creation of a Pales- tinian state. partnership with the First Baptist Church of In 1994, Thomas J. Costanza was promoted The Prime Minister, a former Mayor of New Orleans, Jaime and her team, for two to chief, a position he holds today. To support challenge-laden Jerusalem, is yet to be test- months helped save 16 homes as well as the him, the department has 15 full-time officers. ed in Israel’s hot political crucible in his personal items of many families whose homes These courageous police officers continue to country’s top position. It is doubtless that he were unsalvageable. Elizabeth Topham and serve their community with integrity and honor, was given an extraordinary historic oppor- her teammates spent their first assignment providing safety and protection to the resi- tunity to affect Israel’s destiny and fully im- helping with the construction of the Salvation dents of Mendham Township. plement the vision of Sharon who was so Army’s largest outreach center in New Orle- suddenly incapacitated at the height of his Mr. Speaker, I urge you and my colleagues popularity and on the threshold of fateful de- ans, which aided more than 12,000 local resi- to join me in congratulating the volunteers of cisions having accomplished the controver- dents. Salil Gabale and teammates worked to Brookside Engine Company No. 1 on 90 years sial Gaza disengagement. But likely the repair a warehouse that belonged to a non- of rich history, and the officers of the highlight of Olmert’s visit to the capital of profit organization named the Green Project, Mendham Township Police Department for 50 the world’s only remaining superpower was located in Covington, LA. Brian Beck offered years of commendable service. the stern warning he poignantly delivered concerning the impending threat from Iran, his support through carrying out damage as- f sessments and recruiting for volunteers. Brian and his revelation that the terror sponsoring and his team are currently building houses for RECOGNIZING AN ARTICLE BY radical Muslim regime ghoulishly calling for Israel’s elimination while denying the Holo- hurricane disaster victims in Slidell, Louisiana. RABBI ISRAEL ZOBERMAN, SPIR- ITUAL LEADER OF CONGREGA- caust is almost within reach, closer than an- As the Vice-Chairman of the Homeland Se- ticipated of developing a nuclear capability. curity Committee, I have seen first-hand the TION BETH CHAVERIM IN VIR- One wonders if the Prime Minister person- positive affects of the NCCC. These four GINIA BEACH, VA ally presented the priceless gift of sup- young members have no doubt played a large porting intelligence reports, thus nailing the role in upholding the excellent reputation of HON. J. RANDY FORBES unavoidable response that the United States this organization. and the West are saddled with at this very OF VIRGINIA hour. The risks of hesitant inaction though Mr. Speaker, I am proud to have within my IN THE HOUSE OF REPRESENTATIVES far outweighs those of resolute action, send- district four remarkably heroic and brave mem- Monday, June 26, 2006 ing a powerful message that tyrannical bers of the NCCC. Our Nation owes Jaime blackmail is unacceptable and that the re- Fabey, Elizabeth Topham, Salil Gabale and Mr. FORBES. Mr. Speaker, I rise today to solve of free nations to prevail is Brian Beck and the rest of the NCCC volun- introduce an article written by Rabbi Israel unshakeable. An ambiguous response invites

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 12597 further aggression with rising costs. Iran’s helped ensure proper stewardship of the en- RECOGNITION FOR THE KENTUCKY mullahs’ genocidal design on Israel, with Eu- during nuclear weapons stockpile by several COUNCIL ON ECONOMIC EDU- rope as a potential target as well while seek- nations, while maintaining adherence to nu- CATION AND HILLIARD LYONS ing hegemony in a critical region, ought to merous international treaties and agreements, alarm us enough. What should however be clear is that Israel’s only option is to sur- such as the Nuclear Non-Proliferation Treaty vive, it simply can not afford to absorb a and Comprehensive Test Ban Treaty. These HON. ANNE M. NORTHUP first nuclear strike. Have we not internalized programmatic actions serve to help mitigate OF KENTUCKY by now History’s painful lessons, are we the threat nuclear weapons pose to world doomed to forever repeat the past? I pray order, while ensuring the President retains a IN THE HOUSE OF REPRESENTATIVES not. credible deterrent option. Rabbi Israel Zoberman, spiritual leader of He supported and electrified President Monday, June 26, 2006 Congregation Beth Chaverim in Virginia Bush’s aims for the NATO–Russia Council. Beach, was born to Polish Holocaust survivors Desiring to see NATO and Russia move for- Mrs. NORTHUP. Mr. Speaker, today I would in Chu, Kazakhstan, in 1945 and raised in ward, together, to face common challenges like to recognize the Kentucky Council on Eco- Haifa, Israel. and build ties that expand with time, Dr. Klein nomic Education and, J.J.B. Hilliard, W.L. Lyons, Inc., a Louisville-based brokerage firm, f helped facilitate and institute numerous initia- tives in the realm of nuclear and chemical and for their efforts to improve the quality of finan- TRIBUTE TO THE HONORABLE biological defense programs. These chal- cial and economic education for elementary, DALE E. KLEIN lenges include countering terrorism, preventing middle, and high school students in the Com- the spread of weapons of mass destruction, monwealth of Kentucky. Thanks to their dedi- HON. JIM SAXTON search and rescue operations at sea, and cated efforts, Kentucky led all other States in OF NEW JERSEY emergency planning. increased participation in an important edu- IN THE HOUSE OF REPRESENTATIVES Dr. Klein led the establishment of a signifi- cational program, the Stock Market Game, in cant new effort in medical bio-warfare de- 2005. Monday, June 26, 2006 fense. The Transformational Medical Tech- To help students learn fundamental eco- Mr. SAXTON. Mr. Speaker, the Honorable nology Initiative (TMTI) focuses more than $1 nomic and financial concepts and principles, Dale E. Klein, currently the Assistant to the billion over the next five years to develop the Kentucky Council on Economic Education Secretary of Defense for Nuclear and Chem- broad-spectrum medical countermeasures encourages schools throughout the Common- ical and Biological Defense Programs, departs against advanced bio-terror threats, including wealth to participate in the Stock Market his post this week to assume the position of genetically engineered pathogens. Chairman, Nuclear Regulatory Commission. Dr. Klein provided the Chemical Demili- Game. Created in the 1970s and administered Born and educated in Missouri, Vice Chan- tarization Program with the oversight and pol- by the Foundation for Investor Education, the cellor for Special Engineering Programs in the icy guidance that led to the successful start of Stock Market Game is a 15-week curricular University of Texas System, and on leave five new chemical weapons destruction facili- tool that puts students in fourth through 12th from his position as Professor in the Depart- ties. Under Dr. Klein’s Leadership, the Chem- grades in the role of investors. Students are ment of Mechanical Engineering (Nuclear Pro- ical Demilitarization Program led the inter- given a hypothetical $100,000 to invest in a grams) at the University of Texas in Austin, national community in compliance with the simulated online market and must make deci- Dr. Klein, as the Assistant to the Secretary of Chemical Weapons Convention obligations sions on how and where to invest their capital. Defense from November 2001 to June 2006, while maintaining the safety and security of The simulated market experience that stu- led the Department of Defense’s efforts to the workers, the environment and the public dents receive via the Stock Market Game in- combat weapons of mass destruction at a wa- during the destruction of the U.S. chemical troduces them to financial markets and impor- tershed time in history. weapons stockpile and former chemical weap- tant economic concepts, including the sources In this position, he served as the principal ons production facilities. and uses of capital and the impact inflation staff assistant and advisor to the Secretary of His endeavors produced extraordinary re- and recessions can have on investments. In Defense, Deputy Secretary of Defense, and sults and will have a lasting impact on the addition to this knowledge, students learn val- the Under Secretary of Defense for Acquisition quality of many of the programs vital to the uable life skills, such as personal budgeting, and Technology for all matters concerning the Department of Defense. They include such critical thinking, and the importance of saving formulation of policy and plans for nuclear significant accomplishments as: successful and investing. weapons, and nuclear, chemical, and biologi- stewardship of the U.S. nuclear deterrent en- cal defense. He was directly responsible to the terprise; spearheading efforts to develop Hilliard Lyons underwrites participation with Secretary and Deputy Secretary of Defense science and technology programs aimed at a $50,000 annual gift. As a result, participation for matters associated with nuclear weapons establishing the backbone of Domestic Nu- in the Stock Market Game in Kentucky rose safety and security, chemical weapons demili- clear Defense; personally facilitating inter- 46 percent in 2005, the largest of any State. tarization, chemical and biological defense national cooperation in the area of nuclear In all, more than 9,000 students in 220 programs, cooperative threat reduction, trea- weapons safety and security; and develop- schools in Kentucky participated in the game. ties, and agreements. ment of capabilities to defeat improvised ex- At one school, Campbell County Middle In this capacity, he was responsible for the plosive devices, special weapons, hardened School near Cincinnati, 650 students partici- day-to-day oversight of four organizations re- targets, and WMD stockpiles and production pated at once. Math teacher Faye Smith de- sponsible for billions of dollars in providing facilities. serves congratulations for that effort. combat support operations to the Theater Dale Klein accelerated national security in Commanders in support of the Global War on the critical areas of nuclear weapons safety I would like to express my gratitude to the Terrorism, Counterproliferation and Combating and security, chemical weapons demilitariza- Kentucky Council on Economic Education and Weapons of Mass Destruction. In addition, he tion, chemical and biological defense pro- Hilliard Lyons for advancing economic edu- was responsible for the Research and Devel- grams, cooperative threat reduction, and nu- cation. Exposing youth to the concepts and opment, Testing and Evaluation, and Acquisi- clear, chemical, and biological treaties and practices that undergird our economy will aid tion Life-cycle Planning for systems to combat agreements. His leadership, vision, and tenac- them personally and professionally. Knowing Weapons of Mass Destruction and to survive ity were the driving forces in transforming the how the economy works is important to the in a contaminated environment. Department of Defense’s approach to nuclear, success of our nation. I commend the Ken- Dr. Klein personally facilitated international chemical and biological defense while tucky Council on Economic Education and Hill- cooperation in the area of nuclear weapons proactively seeking new and revolutionary iard Lyons for their interest in and dedication safety and security by ensuring active and rel- technologies to address future threats. Dr. to economic education, which is vital to the evant bi-Iateral dialogue was ongoing between Klein’s achievements and dedication represent continued prosperity and well-being of the several nuclear nations. These actions directly the highest traditions of public service. Commonwealth of Kentucky and our Nation.

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IN THE HOUSE OF REPRESENTATIVES gave guided tours around the city. These I am honored to say that Evy Dubrow was seemingly contradictory elements of char- a good friend of mine for many years, I join Monday, June 26, 2006 acter—keeping one foot in the past while strid- the people of Paterson, America and indeed Mr. DREIER. Mr. Speaker, the Committee ing into the future at the same time—reflect the global community of workers who mourn on Rules may meet this week to grant a rule why he was so influential in the town he loved her loss.’’ which could limit the amendment process for so much. f floor consideration of H.R. 4761, the Deep Mr. Speaker, Folsom is now a model city Ocean Energy Resources Act of 2006. The bill that balances the preservation of its heritage INTRODUCTION OF THE PROSTATE was ordered reported by the Committee on with a fixed view to what lies ahead. It is a CANCER MEDICAID COVERAGE Resources on June 21. community equally well-known for its annual ACT OF 2006 Any Member wishing to offer an amendment rodeo and its high-technology employment op- should submit 55 copies of the amendment portunities. This is in large part due to the HON. ELEANOR HOLMES NORTON and one copy of a brief explanation of the strong leadership and forward-thinking vision OF THE DISTRICT OF COLUMBIA amendment to the Rules Committee in room of Jack Kipp. It is, therefore, very appropriate IN THE HOUSE OF REPRESENTATIVES H–312 of the Capitol by 10 a.m. on Wednes- that the city’s civic center is already named Monday, June 26, 2006 day, June 28, 2006. Members should draft after him and a bronze relief portrait of him is their amendments to the bill as reported by displayed at the Folsom City Hall. Ms. NORTON. Mr. Speaker, today I intro- the Committee on Resources, which is avail- As important as his hometown was to Jack duce a bill to allow treatment using Medicaid able on the Web sites of both the Committee Kipp, there was something more important— funds for men who are diagnosed with pros- on Resources and the Committee on Rules. his family. He is survived by his wife of 62 tate cancer. This bill mirrors the measure that Members should use the Office of Legisla- years, Rose Marie Kipp. Together, they had Congress enacted in 1999 to help low-income tive Counsel to ensure that their amendments two children: a daughter, Cookie, and a son, women who would otherwise not qualify for are drafted in the most appropriate format and Michael. They have described their father as Medicaid, despite being diagnosed with breast should check with the Office of the Parliamen- stern, thoughtful, generous, and kind. cancer or cervical cancer. Congress found that tarian to be certain their amendments comply Jack is also fondly remembered by his women responded in large numbers to efforts with the rules of the House. grandchildren, John Kipp, Tosca Riley, and by government and others to encourage early diagnosis using mammography after the f Tony Galatti, and great-grandchildren, Nolan Kipp, and Chandler and Lucas Riley. Breast and Cervical Cancer Mortality Preven- IN HONOR OF MR. JOHN E. ‘‘JACK’’ Mr. Speaker, Jack Kipp’s legacy is one of tion Act was enacted in 1990. However, in KIPP, JR. honesty and integrity, of service and selfless- 1999 Congress recognized that because the ness. Today, I join with his family, friends, and screening did not provide coverage of treat- HON. JOHN T. DOOLITTLE community to commemorate his life of good ment for women above the poverty level, the OF CALIFORNIA citizenship and uncommon decency. May he screening legislation had the tragic but unin- IN THE HOUSE OF REPRESENTATIVES rest in peace. tended consequence of informing these f women of a serious disease that demanded Monday, June 26, 2006 immediate treatment but leaving them without Mr. DOOLITTLE. Mr. Speaker, today I wish TRIBUTE TO THE LIFE OF EVELYN the means to seek that treatment. Later, Con- to remember and honor an outstanding citizen, ‘‘EVY’’ DUBROW gress amended Title XIX of the Social Security Mr. John E. ‘‘Jack’’ Kipp Jr., from the City of Act to provide medical assistance for the Folsom, CA. Following a lifetime of dedication HON. BILL PASCRELL, JR. women screened and found to have breast or to family and community, Jack Kipp passed OF NEW JERSEY cervical cancer under a federally funded away on May 26, 2006. He was 85 years old. IN THE HOUSE OF REPRESENTATIVES screening program. A fourth-generation resident of Folsom, Jack In today’s bill, I have endeavored to provide was born there on September 6, 1920. He Monday, June 26, 2006 the same relief for men. This bill allows men, was mischievous in his youth and even de- Mr. PASCRELL. Mr. Speaker, today, I have earning up to 250 percent of the poverty level, scribed himself as a ‘‘hell-raiser.’’ Having been a heavy heart because Paterson has lost one who are diagnosed with prostate cancer expelled from Folsom High School, he grad- its greatest daughters with the passing of Eve- through a Federal screening program for pros- uated from Christian Brothers High School in lyn ‘‘Evy’’ Dubrow. tate cancer, to qualify for treatment using Sacramento in 1936. For over 60 years, Evy gave her life and Medicaid funds. The program would target During World War II, Jack served stateside spirit to the fight for fair wages, gender equal- men who are low-income, uninsured or under- in the U.S. Army. In 1953, he took over the ity and the improvement of the human condi- insured men who, nevertheless, do not qualify family appliance shop. A year later, he helped tion. Evy was that rare individual who had the for Medicaid and do not have private insur- found the Folsom Rotary Club chapter. This passion of her convictions, yet never alienated ance. marked the beginning of his lifelong invest- anyone and was almost universally admired Prostate cancer outranks breast cancer as ment in his local community through civic par- by all, truly a rare combination for a lobbyist the second most common occurring cancer in ticipation. in Washington. the U.S. and the second leading cause of can- Mr. Speaker, Jack spent nearly his entire Indeed, Evy was an old-fashioned advocate cer-related deaths. However, diagnosing this life in Folsom and participated in many of the who endlessly walked the Halls of Congress cancer is often less expensive, and unlike city’s major changes over the past half-cen- using her charm, wit and intelligence to lift the breast cancer, often does not require imme- tury. While serving as mayor and city council- rights of workers. The fact that she was one diate treatment. Prostate cancer treatment man from the mid–1970s to the mid–1990s, of our Nation’s most important labor leaders does not require invasive surgery in many in- he helped transform a small prison town born shows that the workers rights movement has stances. Many prostate cases can be diag- out of California’s Gold Rush into a dynamic, no gender preference, no racial preference, nosed with a simple Prostate-Specific Antigen, thriving commercial and residential center. nor does its message stop at any border, it is PSA, test unlike the high technology mam- Dubbed by some to be the ‘‘father of Folsom,’’ a movement for all of humanity and Evy ex- mography machines used to detect breast Jack is credited for helping to secure a suffi- emplified that message in every way. cancer. Many men are advised to wait and cient water supply, attract the newest commu- The fruits of her labor were justly recog- watch for the development of the disease be- nity college built in California, lure a major nized in 1999 when President Bill Clinton fore seeking treatment.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 12599 However the rate of cancer deaths coupled I congratulate and thank the Homes for Life ports a flourishing music society which attracts with available treatment is strong evidence Foundation and Ryan Homes for all they have concerts from both visiting and local per- that many lives could be saved at consider- contributed to the State of Delaware. Many formers. ably less expense if early detection and treat- disabled Delawareans are grateful for them When visiting Spencer, it is impossible not ment were more available. Although race is a and I am pleased to be able to vocalize their to notice how the hard work and generosity of factor, every man over the age of 50 is at risk appreciation. its people has turned the lush green hills into of developing prostate cancer and should be f a flourishing community. With this success, screened. Veterans that have been exposed Spencer has become a quintessential example to Agent Orange also have a higher risk of de- PAYING TRIBUTE TO THE TOWN of how rural communities form essential, color- veloping prostate cancer. Many doctors rec- OF SPENCER’S 200TH ANNIVER- ful threads that enrich the fabric of this great ommend yearly screening for men over age SARY Nation. For the special role that they play, 50, and some advise men who are at a higher Spencer, and rural towns like it, deserve to be risk for prostate cancer to begin screening at HON. MAURICE D. HINCHEY honored and recognized for their numerous age 40 or 45. Many Black men are at the OF NEW YORK contributions to our Nation. Mr. Speaker, it highest risk of prostate cancer—it tends to IN THE HOUSE OF REPRESENTATIVES gives me great pleasure to recognize the start at younger ages and grows faster than in Monday, June 26, 2006 Town of Spencer, NY, as it celebrates the men of other races. Currently, Medicare pro- 200th anniversary of its founding. vides coverage for an annual PSA test for all Mr. HINCHEY. Mr. Speaker, I rise today to f men age 50 and older but men still do not fall honor the Town of Spencer in Tioga County, within existing requirements to receive Med- NY, which is part of the 22nd Congressional ARENT FOX LEGEND CELEBRATES icaid. District that I proudly serve. This year marks A HALF-CENTURY OF PRAC- I urge my colleagues to join with me in es- the 200th anniversary of the founding of Spen- TICING LAW tablishing this program guaranteeing treatment cer and I am pleased to recognize the Town for men diagnosed with prostate cancer. It will of Spencer and the important contributions it HON. CHRIS VAN HOLLEN meet an immediate and pressing need in com- has made to Tioga County and to the State of OF MARYLAND munities across the country, and across racial New York. IN THE HOUSE OF REPRESENTATIVES Located amidst the fertile hardwood forests and class lines. Monday, June 26, 2006 f of south central New York, Spencer was founded in 1806 as an agrarian settlement. Mr. VAN HOLLEN. Mr. Speaker, I rise today IN HONOR OF THE HOMES FOR The town, named for New York State Su- to honor and celebrate the career and good LIFE FOUNDATION preme Court Judge Ambrose Spencer, held works of my friend, David Osnos, who will cel- the county seat from 1810–1821 and included ebrate 50 years of practicing law with Arent HON. MICHAEL N. CASTLE the present-day towns of Caroline, Candor, Fox PLLC on July 9. I was privileged to be his OF DELAWARE Danby, Newfield, and Cayuta. Today, the law partner when I worked at the firm of Arent IN THE HOUSE OF REPRESENTATIVES Town of Spencer is not only still a strong agri- Fox before becoming a Member of Congress. cultural center, but it is also becoming home David Osnos has been at the center of Monday, June 26, 2006 to many new residents who work in neigh- many of the major decisions regarding the Mr. CASTLE. Mr. Speaker, I rise today in boring communities, and place a premium on growth and development of our Nation’s Cap- order to pay tribute to the Homes for Life rural small town living. ital over the last 50 years. His advice has Foundation, a non-profit organization that Shortly after Spencer was settled, it pro- been sought out by the movers and shakers of strives to provide safe and comfortable group duced ‘‘The Mother of Women’s Suffrage.’’ the Washington business world. housing for people with developmental disabil- Born in Spencer in 1814, Esther McQuigg David Osnos met Abe Pollin in 1958 and ities in Delaware. Through this organization’s Morris was a proponent of civil rights for all became his general counsel. The two often efforts, many disabled individuals now have people. On May 2, 1870, shortly after the refer to each other as ‘‘brothers.’’ Together, greater opportunities to lead productive lives in passing of Wyoming Bill 70, Esther was elect- they teamed up to change the face of Wash- safe and attractive homes. The builder, Ryan ed as the Justice of the Peace of South Pass ington by acquiring sports teams, building the Homes, does an amazing job of incorporating City, Wyoming. With her appointment, Esther Verizon Center, and working on many other the needs of these individuals into commu- became the first woman to hold a public office projects. Osnos also serves as the chief law- nities throughout Delaware. in the United States. Her motto of ‘‘It’s justice yer to another great Washington success Every house built by the Homes for Life first, then after that, the law,’’ allowed her po- story—Jim Clark of the Clark Construction Foundation includes a common room, in addi- sition to be so highly revered that in 1967 Es- Group. tion to private bedrooms and a counselor’s ther McQuigg Morris was given her own post- Pollin and Clark are just a few examples of suite. This design provides the residents with age stamp. those who have worked with Osnos to trans- the ability to enjoy both privacy and the oppor- Throughout its history, Spencer has been form Washington, D.C., from simply a govern- tunity to socialize. Hundreds of people with vital to the economic well-being of the county. ment town into a vibrant cultural and business developmental disabilities are currently waiting Because of the abundance of fertile land, center. His many good works and his contribu- for these unique homes to become available Spencer blossomed as an agricultural center tions to the development of this great city and the work done by the Homes for Life that boasted successful dairy farms, cream- have made him a legend in the Washington, Foundation increases the number of disabled eries, and a milk condensory well into the 20th D.C., legal and business community. individuals who are able to find these residen- century. This booming agrarian community at- A true Arent Fox ‘‘lifer,’’ Osnos joined the tial housing opportunities. tracted many settlers, including the Finns, firm in 1956 upon graduating from Harvard The work of the Homes for Life Foundation whose positive influence on agricultural tech- Law School. He has been the heart and soul has been greatly furthered by the efforts of nique and trade can still be seen throughout of the firm for decades, and his work in Wash- Ryan Homes. To date, Ryan Homes has built the community. In addition to its rich and at- ington has mirrored the growth and develop- thirteen group homes, with two more under tractive agricultural heritage, Spencer hosts ment of this great city—and Arent Fox’s com- construction, for people with developmental several technology driven firms that provide mitment to the city. disabilities in Delaware using the funds raised critical information based services throughout Osnos served as chairman of the firm’s ex- by the Homes for Life Foundation. The work the region. ecutive committee for 20 years. In that capac- done by these organizations is an excellent Spencer is also home to a thriving arts ity, he participated in much of the develop- example of President Bush’s New Freedom scene. Historically centered around the Spen- ment and growth of downtown D.C. and en- Initiative. Providing group residential housing cer Opera House and the theatrical works of sured that the law firm’s participation in the to citizens with developmental disabilities is a the Spencer Players, Spencer’s art scene has civic life of the city was unparalleled. Since proven method for successfully promoting ac- become a vital part of community living. joining Arent Fox as its seventh lawyer a half- cess to community life and a greater sense of Today, Spencer, which is home to many tal- century ago, Osnos has contributed to the belonging. ented artists and crafts men and women, sup- growth of the now 265-attorney firm.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12600 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 June 26, 2006 Always a strong supporter of nonprofit com- The story of Ruby Bridges gives us a vivid of the entirely white school. She would be munity organizations and devoted to ensuring picture of both words. Ruby Bridges played the only black child there. that Arent Fox was a leading provider of pro an important role in history through inte- Ruby’s family was scared once they had gration by taking a stand when she went to found out that Ruby was going to be sent to bono services, Osnos created a culture of ex- a segregated school in Louisiana. William Franz Elementary School. ‘‘I took a cellence in both ‘‘lawyering’’ and community Racial segregation was challenged with a test along with all the other kindergarteners service. He has continued to play that role case in 1896 called Plessy v. Ferguson which at my school during the summer found out since stepping down as chairman of the firm. took place in Louisiana. (Marilyn Miller, that I had been selected to start first grade Today he is revered as one of Arent Fox’s Words That Built A Nation) In this case, a at William Franz Elementary School.’’ The senior statesman. black man found a vacant seat in the coach whole family was praying for strength and Mr. Speaker, David Osnos has touched our section on the train and decided to sit there. courage to get through any ’trouble’ as a re- A white man came in demanding that the sult of the desegregation ruling. Both of her community with his legal brilliance, his high parents were proud that their little daughter ethical standards and integrity, and his kind, seat be his. This brought about a separation of blacks and whites. Because of this case, had been chosen for such an important event gentle nature, which has enabled him to be ef- segregation carried over into the schools. in American history. Maybe there was an- fective as a force for change and action. He Written into the 14th Amendment of this other reason why Ruby was chosen to carry has contributed immensely to the legal com- case are laws permitting, and even requiring the burden of being made fun of by all those munity, to the District of Columbia, and to our blacks to be separated from white people. people. Little Ruby wasn’t the only one that civic life. I am honored to be his friend and to These laws do not necessarily imply the infe- was carrying the burden on her shoulders. There were three other little children in New offer him my warmest congratulations on this riority of either race to the other. The most common instance of this is connected with Orleans being sent to another school because wonderful milestone in his life, the life of one of the desegregation law. Ruby stood out the of D.C.’s finest law firms, and the life of our the establishment of separate schools for white and ‘‘colored’’ children. The words most because she was by herself and the community. ‘‘separate but equal’’ originated from this other children had each other. Ruby was terrified and didn’t have any f case. clue on what was going to happen while she It was the law in 17 southern and border attended the school. The court had federal CONGRATULATIONS TO BRITTANY states that African American children and marshals guarding her every where she went LANG white children attend separate public and watching everything she did in the schools. All these states justified their pol- school, and making sure no one harmed her. icy by saying that black and white schools HON. MICHAEL C. BURGESS Charles Burks, a U.S. Marshal, who was one were ‘‘separate but equal.’’ OF TEXAS of the men who escorted Ms. Bridges said, Integration is the process of opening a ‘‘We expected a lot of trouble, but, as it IN THE HOUSE OF REPRESENTATIVES group, community, place, or organization to turned out, it wasn’t nearly as bad as we all, regardless of race, ethnicity, religion, Monday, June 26, 2006 thought, even though Miss Bridges probably gender, or social class. The court case Brown thought it was. For a little girl six years old, Mr. BURGESS. Mr. Speaker, I rise today to v. Board of Education of Topeka ruled that going into a strange school with four strange recognize the superior performance of 20-year racial discrimination in public education deputy marshals, a place she had never been old Brittany Lang, during the Wegmans Ladies was unconstitutional and all provisions of before, she showed a lot of courage. She federal, state or local law requiring or per- Professional Golf Association Tour. never cried. She didn’t whimper. She just mitting such discrimination must yield to Ms. Lang, a resident of McKinney, TX, was marched along like a little soldier. And this principle. a runner-up in the U.S. Women’s Open as an we’re all very proud of her.’’ (Jim Lehrer, In 1954, the National Association for the amateur a year ago. On Sunday, June 25, 2006) Advancement of Colored People (NAACP) 2006, she briefly held the lead at the The Federal marshals had to be ordered in challenged the ‘‘separate but equal’’ doctrine by President Dwight D. Eisenhower to escort Wegmans LPGA tournament. Lang shot a 71 at the elementary school level. The NAACP and tied for third after starting the day one Ruby into the school building. The city po- argued before the Supreme Court that chil- lice of New Orleans and the Louisiana State shot off the lead. This was her first top 3 finish dren in all white schools received a better Police refused to help out. The marshals car- and her second top 10 finish of the 10 events education than children in all black schools. ried guns just in case people tried to hurt lit- she has competed in thus far in her career. In May of 1954, the courts agreed and out- tle Ruby. In fact, on many occasions they Mr. Speaker, it is with great honor that I lawed racial segregation in public schools. threatened to arrest people just to keep the stand here today to honor Brittany Lang for Because of the Brown v. Board decision, crowds away from her. Ruby would always black and white children, as well as children her achievements on the golf course. She run through the crowds without saying a of all other races and ethnicities, today at- word. serves as an example of athletic excellence to tend the same public schools. This is where the young women of our community. I wish Ruby Bridges, who is now Ruby Bridges the story of Ruby Bridges begins. Hall said, ‘‘I wish there were enough mar- her all the best in her future endeavors. Ruby Bridges was born on September 8, shals to walk with every child as they faced f 1954 in Tylertown, Mississippi into a very the hatred and racism today, and to support, poor family. Ruby was, and still is a hero to encourage them the way these federal mar- ESSAY BY BREISA BAKER FOR American citizens. Of course, neither the shals did for me. I know there aren’t enough THE NATIONAL HISTORY DAY Bridges family, nor Ruby, had any clue that of you, but I do hope that I have inspired you COMPETITION IN KENTUCKY she was going to end the war of separation of to join me by dedicating yourselves to not blacks and whites. Ruby would become a just protecting but uplifting those you touch part of American history by being brave and because that will enable us to rise together HON. RON LEWIS walking into an all white school. as a people, as a nation, and as a world.’’ OF KENTUCKY Ruby’s parents worked hard to provide for (Ruby Bridges, 2002) IN THE HOUSE OF REPRESENTATIVES her, but there were many nights that there On November 14, 1960, the Nation’s eyes was nothing to eat for dinner. At the age of Monday, June 26, 2006 were on her, as six year old Ruby Bridges 4, Ruby and her family moved to New Orle- walked into not only the school but ‘into Mr. LEWIS of Kentucky. Mr. Speaker, I ans, Louisiana, where her parents were able history as well’. ‘‘That first morning,’’ said commend my Colleagues to the attached to get better jobs. Ruby’s family was poor fi- Bridges, ‘‘I remember mom saying as I got essay, The Blessed Broken School, by Breisa nancially because her dad worked as a jan- dressed in my new outfit, ‘Now, I want you itor, and her mom scrubbed the floors in a to behave yourself today, Ruby, and don’t be Baker. Miss Baker is a student at Spencer bank at night. County Middle School Her essay placed 2nd afraid. There might be a lot of people outside Americans did not treat African Americans this new school, but I’ll be with you,’ ’’ (Ei- in the National History Day Competition in as equals. Black children and white children leen McCluskey, 2002) Kentucky. attended different schools, which were seg- Ruby’s first day and all the other days that I had the privilege of meeting Miss Baker regated. The schools for black children were she attended school, there was a mob of and her family during a recent visit to Wash- not as good as the schools for white children. angry white people trying to scare off Ruby. ington, DC. A federal judge in New Orleans said the Some people even threatened to hurt Ruby. city had to obey the law, Brown vs. Board, The crowd was yelling with one voice, ‘‘Two, THE BLESSED BROKEN SCHOOL and in 1960 the judge ordered six year old four, six, eight, we don’t want to integrate.’’ (By Breisa Baker) Ruby Bridges to attend first grade at Wil- (Ruby Bridges, 1999) Segregation and integration are two words liam Franz Elementary School. No black On her second day of school, Ruby remem- that played a big part in southern schools. child had ever stepped foot upon the ground bers, ‘‘My mother and I drove to school with

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 12601 the marshals. The crowd outside the building raised her own four sons, her brother’s four actions may the whites and the blacks or was ready. Racists spat at us and shouted daughters, and started the Ruby Bridges any other ethnicities never be separated like things like ‘Go home, nigger,’ and ‘No nig- Foundation ‘‘in the hopes of bringing parents this again! Thanks to Ruby Bridges who gers allowed here.’ One woman screamed at back into the schools and taking a more ac- stood up for what she believed in and for con- me, ‘I’m going to poison you. I’ll find a way.’ tive role in their children’s’ education.’’ tinuing to take a stand! She made the same threat every morning.’’ (Bridges Foundation) (Ruby Bridges, 2002) Yet every morning Ruby Ruby went through more than half of the f kept walking and praying, ignoring the noise school year in a room being the only stu- that was going on all around her. dent. The only other person, who was brave 50TH ANNIVERSARY OF THE ‘‘Please God try to forgive these people be- enough to be seen with Ruby was Ms. Henry, LIVONIA, MICHIGAN’S CHAPTER cause even if they said those bad things, her teacher. Ms. Henry was a lady from the 114 OF THE DISABLED AMERICAN they don’t know what they’re doing. So north who was telephoned by the super- VETERANS could you forgive them, just like you did intendent to come teach the first grade class those folks a long time ago when they said at William Franz Elementary School. At terrible things about you.’’ (Bruce first, Ms. Henry, did not know that she HON. THADDEUS G. McCOTTER McCluggagge, ‘‘A Prayer for White Folks’’) would teach at a segregated school. OF MICHIGAN Ruby called her prayer, ‘‘The White Folks’ The first day when Ruby walked into the Prayer.’’ Ruby prayed every morning and classroom, she only saw the teacher, a white IN THE HOUSE OF REPRESENTATIVES afternoon about a block away from school, lady. Ruby said, ‘‘A young white woman met Monday, June 26, 2006 after she had been mocked and made fun of. us inside the building. She smiled at me. She called it the ‘‘white folks’ prayer,’’ be- ‘Good morning, Ruby Nell’ she said, just like Mr. MCCOTTER. Mr. Speaker, today I rise cause she prayed for all those white folks Mama except with what I later learned was to honor and acknowledge the 50th Anniver- that were yelling bad things at her. This a Boston accent. ‘Welcome, I’m your new sary of the Livonia, Michigan Chapter 114 of prayer showed Ruby’s character, her faith teacher, Ms. Henry. ‘She seemed nice, but I the Disabled American Veterans. and Christianity. Ruby’s mother wanted her wasn’t sure how to feel about her. I had For five decades, Chapter 114 has tirelessly children to be close to the Lord at a very never been taught by a white teacher be- sought to improve the quality of life for dis- young age. Little Ruby came from a very re- fore.’’ (Ruby Bridges Hall, March 2000) Ruby ligious background. Even though Ruby’s was surprised that the school had not sent abled veterans. Founded in a basement by 12 family was poor, being Christians made them her a black teacher, but a white teacher. people in 1956, Livonia Chapter 114 had 31 very rich. Because of her mother and father There were no other students, but yet Ms. charter members. Now the third largest in the teaching her about God she knew what to do Henry and Ruby both came to school faith- state of Michigan, this chapter has blossomed while being persecuted. fully the whole year. Ignoring the noise out- into a membership of 1,500. Ruby entered the classroom, and she saw side, she and Ruby used their time getting to After 50 years, Chapter 114 continues to that the teacher, Mrs. Henry, and she were know one another and learning the whole promote appreciation and understanding of the only ones in the classroom. The parents year. of the white children would not let their Despite not being able to go outside, Ms. American history at local schools through be- children go into the school with Ruby. Henry always found a way to cheer Ruby and nevolence and outreach. To foster patriotism, Her walk and her bravery inspired the 1964 create games for the both of them. Ms. members host a writing contest, What the Norman Rockwell painting, ‘‘The Problem Henry remembers that ‘‘Ruby was an ex- American Flag Means to Me; to encourage in- We All Live With.’’ This shows a small black traordinary little girl. She was a child who volvement, members sponsor local ROTC pro- girl escorted by four federal marshals walk- exuded, I think courage. To think that every grams; and, to educate young men and ing to school beside a wall bearing a day she would come to class knowing, that women, members speak with students about scrawled racial epithet and the letters KKK, she would not have any children to play the role of America in World War II, Korea, which stands for the Klu Klux Klan. The with, to be with, to talk to, and yet contin- KKK are people who dress up in white robes ually she came to school happily and inter- and Vietnam. and hoods, and they do not like black people ested to learn whatever could be offered to The members of Chapter 114 also play a at all. They try to do whatever they can to her. I think she was a child with an incred- vital role in the lives of other veterans. They hurt black people. ible sense of self in that she was strong schedule hospital visits to newly admitted vet- A Harvard professor by the name of Robert enough to counter all the obstacles that erans and wounded soldiers, plan bingo nights Coles witnessed Ruby’s first day in New Orle- were put in her way. And each day she would for hospitalized soldiers and veterans, assist ans. He wrote a children’s book about Ruby enter class, after having gone through tu- with health benefit claims for disabled soldiers, Bridges’ experience called The Story of Ruby multuous entrance into the school where she and donate modified cars to help disabled vet- Bridqes. Coles reminds children of all ages was confronted by an incredible number of about the heroism of Bridges’ action by agitators and protestors. Yet she would come erans drive. showing her facing an empty classroom be- into school every day with,the most wonder- The organization is also an institution where cause angry parents kept their children ful smile on her face. Then she would come veterans of all wars can meet other legendary home and all but one teacher refused to over and greet me, her eyes dazzled with a former servicemen. One of the first members teach a black child. sense of wonder.’’ (Lucille Renwick, 2001) of the 1920 National Disabled American Vet- A book about Ruby titled The Story of Ms. Henry has said, ‘‘I have learned so erans Convention in Detroit, Joseph Piccola, Ruby Bridges was published in 1995. When much from Ruby. Children can teach us so joined the U.S. Army in 1918 and lost an eye the book came out, Ruby’s first grade teach- much by showing their inner selves. Children during World War I. At age 98, Joe continues er, Mrs. Henry, saw it and contacted her. are pure, honest and simple. Children con- They were reunited on the ‘‘Oprah Winfrey stantly teach teachers lessons of character to inspire members to retain their independ- Show.’’ I suppose that was one of the great- honesty, and integrity. Children learn what ence and give back to their community. Thom- est joys of Ruby’s life. She has also been in they see. They take a signal from the teach- as Silvermail, another inspirational figure, was contact again with Dr. Coles, her old child er on how to value the worth of an indi- wounded in the Korean War and is the only psychiatrist. Also, there was footage of Ruby vidual.’’ (Lucille Renwick, 2001) surviving charter member of Chapter 114. in the television series, ‘‘Eyes on the Prize,’’ Ms. Henry also said, ‘‘Teachers have to Mr. Speaker, to the men, women, and chil- about the Civil Rights Movement. present to the students the struggles that dren of our community; to the families of miss- Ruby Bridges played an important role in have gone on in the world before them to re- the Civil Rights Movement. She feels that alize the opportunities that they have just to ing and fallen soldiers; and to every veteran of there was a reason for what she went go to school, and the struggles some people foreign wars, Livonia Chapter 114 is the em- through. She played an important part in have had simply to get an education. You bodiment of eternal unity and brotherhood. For bringing blacks and whites together. She did have to be a person who offers a child an op- 50 years, the organization’s tireless efforts not know why she had to go through it, but portunity for enlarging his world, and seeing have commemorated the lives of heroic serv- now believes that it was meant to be that the world from different points of view, and icemen, preserved the independence of dis- way. She has finally reached a point in her in different settings.’’ (Lucille Renwick, abled veterans, and ensured the bravery of life where she feels that her life had mean- 2001) our armed forces is never forgotten. We owe ing. Eventually Ruby was joined by two boys, There are few who deny the heroism of and was soon followed by the rest of the stu- the courageous members of Chapter 114 a Ruby Bridges: she has demonstrated the dents. Ruby went on to finish out elemen- great debt of gratitude. Today, I ask my col- value of education to countless others. Ruby tary school and then middle and also high leagues to join me in thanking them for their Bridges, who is now 51 years old, has devoted school! Ruby became a major part of Amer- years of unrelenting service to our community herself to the education of the young. She ican history. Because of her bravery and her and our country.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12602 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 June 26, 2006 CELEBRATING 100 YEARS OF YWCA casion of her graduation from Martin Van won a seat in the Assembly in 1954. His vic- SERVICE Buren High School in New York City on June tory helped establish new opportunities for Af- 27, 2006. It behooves us to pay tribute to this rican Americans in elected office, giving rise to HON. MICHAEL C. BURGESS outstanding citizen and student and I hope a cadre of strong elected officials that included OF TEXAS that my colleagues will join me in recognizing Representative Lloyd Barbee, and County IN THE HOUSE OF REPRESENTATIVES her impressive accomplishments. Board Supervisor Clinton Rose, among others. Monday, June 26, 2006 Keisha Arso was born in New Orleans, Lou- Serving a district that was predominantly isiana, in 1987. As the second of four daugh- white, Cecil Brown became known for his eth- Mr. BURGESS. Mr. Speaker, I rise today to ters, Keisha lived in New Orleans until August ics and integrity, as well as exemplary civil honor the YWCA of Fort Worth and Tarrant 2005 when she and her family had to evac- rights leadership. County as it celebrates 100 years of service in uate their home because of the impending on- After serving briefly in the Assembly, Mr. the 26th District of Texas. The YWCA of Fort slaught of Hurricane Katrina, one of the most Brown went on to become one of the foremost Worth and Tarrant County, the first YWCA in horrific and devastating hurricanes to hit the leaders of Milwaukee’s civil rights movement. Texas, has been serving our community since United States. He founded the Milwaukee chapter of the 1907. Keisha Arso was one of the lucky ones. She Congress on Racial Equality, and worked Since its start, the YWCA of Fort Worth and was able to escape to Texas prior to the hurri- alongside Father James Groppi and others to Tarrant County has grown to encompass over cane’s landing in New Orleans. However, her fight for desegregated housing and schools. 100 paid employees as well as 200 volun- mother Brenda Arso, a nurse, had to stay be- Inspired equally by Martin Luther King, Jr. and teers. Together, these individuals have sought hind. For days, Keisha Arso, like many others Paul Robeson, he was deeply committed to to eliminate racism and empower women separated from family members and unable to non-violent strategies for social change. His through residential services such as My Own establish communication, fretted with anxiety wife, Loretta Brown, too, was a civil rights ac- Place, which houses 14 young women who as she watched the visual images of thou- tivist whom he met while participating in the have outgrown foster care, and Supportive sands of people fighting for survival among Milwaukee United School Integration Com- Living, which houses about 20 women and is the rising flood waters, lack of food and water, mittee. designed to help homeless women become and outlaws victimizing the weak and helpless. All of us who are elected to public office independent and self-reliant. However, with the assistance of clergy, vol- stand on the shoulders of those who came be- After 100 years of service, the YWCA of unteers in New Orleans and New York City, fore us. Mr. Brown is one of the giants in our Fort Worth and Tarrant County continues to and family members in Texas, Keisha was fi- state’s history whose efforts enabled me to find innovative ways to improve the commu- nally reunited with her mother and other sib- have a career in public service. I am honored nity. In 2005, the YWCA started two new pro- lings. Add to that, the dedicated teachers and to have this opportunity to pay tribute to his grams: a class on diversity called ‘‘Dialogue administrators from Martin Van Buren High lifelong efforts to advance the African Amer- on Race’’ and a partnership with a local Ben School, Keisha and her family have been able ican community and to give thanks to him and & Jerry’s Ice Cream shop that employs at-risk to face and survive many obstacles that from his family for their unwavering commitment to youth. Mr. Speaker, it is with great honor that I the outset seemed insurmountable. The Arso equality and civil rights. stand here today to honor the YWCA of Fort family home may not have survived the cata- Worth and Tarrant County for its commitment strophic levee breach of Lake Pontchartrain, f but Keisha’s spirit remains intact. Keisha’s to playing an active role in the development, BEST FRIENDS KINDNESS TO strength, courage and ability to rise above all improvement, and success of the community. ANIMALS WEEKEND obstacles and receive her diploma are promi- f nent examples of the power of faith, freedom, SACRED HEART BASEBALL TEAM compassion and the American spirit. HON. JAMES P. MORAN WINS CLASS 1 CHAMPIONSHIP Mr. Speaker, I believe that it is incumbent OF VIRGINIA on this body to recognize the accomplish- IN THE HOUSE OF REPRESENTATIVES HON. IKE SKELTON ments of Keisha Arso, as she serves as a role Monday, June 26, 2006 OF MISSOURI model for others facing adversity. Mr. MORAN of Virginia. Mr. Speaker, I am IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join our community in pleased to announce that this past weekend Monday, June 26, 2006 honoring Keisha Arso, as her steadfast perse- verance makes her most worthy of our rec- was designated by Best Friends Animals Soci- Mr. SKELTON. Mr. Speaker, let me take ognition today. ety as Best Friends Kindness Weekend. this means to recognize the Sacred Heart f Best Friends Animal Society, based outside High School baseball team from Sedalia, MO, Kanab, Utah, works with shelters and rescue on winning the Class 1 State championship. IN TRIBUTE TO CECIL BROWN, JR. groups nationwide to bring about a time when With their 11–4 win against Stoutland, the there will be no more homeless pets. Best Sacred Heart baseball team won the first HON. GWEN MOORE Friends operates the country’s largest sanc- State championship in the school’s 61-year OF WISCONSIN tuary for homeless animals, and provides history and the Kaysinger Conference’s first IN THE HOUSE OF REPRESENTATIVES adoption, spay/neuter, and educational pro- team championship on June 1. The team has grams nationwide. worked diligently and provided many hours of Monday, June 26, 2006 The purpose of Best Friends Weekend was hard work and dedication to achieve such a Ms. MOORE of Wisconsin. Mr. Speaker, I to remind all of us how animals enrich our great accomplishment. rise today to pay tribute to the life and work lives through their companionship, friendship Mr. Speaker, the Sacred Heart baseball of a noted civil rights leader. Mr. Cecil Brown, and love. Best Friends Animal Society be- team and their coaches can be very proud of Jr., who died earlier this week, was one of the lieves that dedicating one weekend each year this accomplishment. I know the Members of first African Americans elected to the Wis- to promoting kind acts towards animals can the House will join me in congratulating them consin State Assembly, and ultimately became make our communities and our world a better for winning the Class 1 championship. a national leader in the fight for equality and place. f desegregation. Cruelty to animals often leads to cruelty to A TRIBUTE TO KEISHA ARSO A lifelong Midwesterner, Mr. Brown was people. I’ve been a strong and outspoken sup- born in Chicago and also lived briefly in Iowa porter of animal welfare issues since first com- but was only nine years old when his family ing to Congress, and I’ve authored legislation HON. EDOLPHUS TOWNS settled in Milwaukee during the depression, to help protect animals and promote their wel- OF NEW YORK hoping to make a better life for themselves fare. Organizations like Best Friends serve as IN THE HOUSE OF REPRESENTATIVES and their children. Mr. Brown graduated from a conscience to lawmakers and the country in Monday, June 26, 2006 North Division High school and went on to these matters and remind us that our first duty Mr. TOWNS. Mr. Speaker, I rise today to pursue a college degree at Marquette Univer- is to protect the most vulnerable and innocent pay special tribute to Keisha Arso on the oc- sity. He worked as an accountant before he among us.

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 26, 2006 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 12603 This past weekend’s activities of kindness 1977, calls for establishment of a sys- Ambassador to the Democratic Social- inspired by Best Friends should serve as a re- tem for a computerized schedule of all ist Republic of Sri Lanka, and to serve minder to all of us, that in this increasing frag- meetings and hearings of Senate com- concurrently and without additional mented society we need to be ever more com- mittees, subcommittees, joint commit- compensation as Ambassador to the Republic of Maldives, Robert D. passionate about the animals in our world, tees, and committees of conference. McCallum, Jr., of Georgia, to be Am- whether they are companion pets, service ani- This title requires all such committees bassador to Australia, and Leslie V. mals such as seeing-eye dogs, livestock, or to notify the Office of the Senate Daily Rowe, of Washington, to be Ambas- nature’s wildlife. It also serves as a reminder Digest—designated by the Rules Com- sador to Papua New Guinea, and to that the bond between humans and animals is mittee—of the time, place, and purpose serve concurrently and without addi- a vital one and is capable of bringing joy and of the meetings, when scheduled, and tional compensation as Ambassador to healing to people of all ages. Finally, it serves any cancellations or changes in the the Solomon Islands and Ambassador to remind us to be more kind and compas- meetings as they occur. to the Republic of Vanuatu. sionate to our fellow man. We coexist in this SD–419 As an additional procedure along Health, Education, Labor, and Pensions world—human to human and human to ani- with the computerization of this infor- Business meeting to consider proposed mal—and those bonds must be maintained mation, the Office of the Senate Daily Older Americans Act Amendments of and kept strong. Digest will prepare this information for 2006, S. 3546, Dietary Supplement and f printing in the Extensions of Remarks Nonprescription Drug Consumer Pro- section of the CONGRESSIONAL RECORD tection Act, S. 707, to reduce preterm PERSONAL EXPLANATION on Monday and Wednesday of each labor and delivery and the risk of preg- week. nancy-related deaths and complica- tions due to pregnancy, and to reduce HON. SILVESTRE REYES Meetings scheduled for Tuesday, OF TEXAS infant mortality caused by pre- June 27, 2006 may be found in the Daily maturity, S. 757, to amend the Public IN THE HOUSE OF REPRESENTATIVES Digest of today’s RECORD. Health Service Act to authorize the Di- Monday, June 26, 2006 MEETINGS SCHEDULED rector of the National Institute of En- Mr. REYES. Mr. Speaker, on Thursday, vironmental Health Sciences to make grants for the development and oper- June 22, 2006, I was unavoidably detained at JUNE 28 a Border Health Conference hosted by the ation of research centers regarding en- 9:30 a.m. vironmental factors that may be re- Texas Medical Association in conjunction with Environment and Public Works lated to the etiology of breast cancer, my office, and missed rollcall votes Nos. 308, To hold an oversight hearing on Environ- and any pending nominations; to be 309, 310, and 311. If I had been present, I mental Protection Agency regional in- followed by a hearing on biodefense. would have voted no on these votes. consistencies. SD–430 f SD–628 Homeland Security and Governmental Af- Indian Affairs fairs CELEBRATING MRS. OZIA MAE To hold an oversight hearing to examine To hold hearings to examine the nomina- STURGIS’S 80TH BIRTHDAY Native American Housing Programs. tions of Mickey D. Barnett, of New SR–485 Mexico, Katherine C. Tobin, of New HON. JOSEPH CROWLEY Judiciary York, and Ellen C. Williams, of Ken- To hold hearings to examine hedge funds tucky, each to be a Governor of the OF NEW YORK and independent analysts. United States Postal Service. IN THE HOUSE OF REPRESENTATIVES SD–226 SD–342 Monday, June 26, 2006 10 a.m. 10:30 a.m. Mr. CROWLEY. Mr. Speaker, I rise today to Commerce, Science, and Transportation Energy and Natural Resources Business meeting to continue markup of To hold hearings to examine the nomina- wish a very special New Yorker, Mrs. Ozia H.R. 5252, to promote the deployment tion of Marc Spitzer, of Arizona, to be Mae Sturgis, a very happy 80th birthday. Mrs. of broadband networks and services. a Member of the Federal Energy Regu- Sturgis commemorated this occasion with fam- SH–216 latory Commission. ily members and friends at a birthday tea at Finance SD–366 the William Hodson Senior Center. I would like Business meeting to markup S. 1321, to Appropriations to join them in celebrating her life, her con- amend the Internal Revenue Code of Legislative Branch Subcommittee tributions, and her career of community serv- 1986 to repeal the excise tax on tele- To resume hearings to examine the ice. phone and other communications, and progress of the Capitol Visitor Center The eldest of 12 children, she was born proposed legislation to implement the construction. United States-Oman Free Trade Agree- SD–138 Ozia Mae Hammond on June 21, 1926, in Au- ment. 11 a.m. gusta, Georgia, and moved to New York City SD–215 Commission on Security and Cooperation in the 1940s, where she met and married Foreign Relations in Europe Jimmie Sturgis. Business meeting to consider an original To hold hearings to examine Belgium’s Mrs. Sturgis and her husband raised seven bill, to exempt from certain require- Chairmanship of the OSCE, focusing on children in their Bronx home, where she in- ments of the Atomic Energy Act of 1954 developments in Central Asia and stilled in them the importance of education, a U.S. exports to India of nuclear mate- neighboring Afghanistan, the emer- strong work ethic, and the value of family. rials, equipment and technology, the gence of the Shanghai Cooperation Or- Their children and seven grandchildren all still nominations of Earl Anthony Wayne, ganization, the political situation in of Maryland, to be Ambassador to Ar- the Caucasus, and human rights trends reside in the New York Metropolitan Area. gentina, Gaddi H. Vasquez, of Cali- in the Russian Federation. She is very active in her church and her fornia, for the rank of Ambassador dur- 2359 RHOB community, serving as a past president and ing his tenure of service as U.S. Rep- 2 p.m. current Board Member of the William Hodson resentative to the United Nations Judiciary Senior Center in the Bronx. Last year, she Agencies for Food and Agriculture, To hold hearings to examine the nomina- was the proud recipient of the Center’s ‘‘Moth- John Clint Williamson, of Louisiana, to tions of Kimberly Ann Moore, of Vir- er of the Year’’ award. be Ambassador at Large for War ginia, to be United States Circuit On the occasion of Ozia Mae Sturgis’s 80th Crimes Issues, Michael E. Ranneberger, Judge for the Federal Circuit, and birthday, I am pleased to join her family and of Virginia, to be Ambassador to the Bobby E. Shepherd, of Arkansas, to be Republic of Kenya, Eric M. Bost, of United States Circuit Judge for the friends in wishing her many happy years to Texas, to be Ambassador to the Repub- Eighth Circuit. come. lic of South Africa, W. Stuart Syming- SD–226 f ton IV, of Missouri, to be Ambassador 2:30 p.m. SENATE COMMITTEE MEETINGS to the Republic of Djibouti, Gayleatha Foreign Relations Beatrice Brown, of New Jersey, to be To hold hearings to examine the nomina- Title IV of Senate Resolution 4, Ambassador to the Republic of Benin, tions of Richard E. Hoagland, of the agreed to by the Senate on February 4, Robert O. Blake, Jr., of Maryland, to be District of Columbia, to be Ambassador

VerDate Sep 11 2014 09:15 Mar 27, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR26JN06.DAT BR26JN06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12604 EXTENSIONS OF REMARKS, Vol. 152, Pt. 9 June 26, 2006 to the Republic of Armenia, Peter R. Finance lumbia for the fiscal year ending Sep- Coneway, of Texas, to be Ambassador To hold hearings to examine the U.S.- tember 30, 2007. to Switzerland, and to serve concur- Peru Trade Promotion Agreement. SD–106 rently and without additional com- SD–215 2:30 p.m. pensation as Ambassador to the Princi- 2 p.m. Commerce, Science, and Transportation pality of Liechtenstein and Thomas C. Appropriations To hold hearings to examine unmanned Foley, of Connecticut, to be Ambas- Business meeting to markup H.R. 5427, aerial systems in Alaska. sador to Ireland. making appropriations for energy and SD–562 SD–419 water development for the fiscal year ending September 30, 2007, H.R. 5441, Energy and Natural Resources JULY 19 making appropriations for the Depart- Water and Power Subcommittee 10 a.m. ment of Homeland Security for the fis- To hold hearings to examine S. 1812, to Banking, Housing, and Urban Affairs cal year ending September 30, 2007, To hold hearings to examine the semi- amend the Reclamation Projects Au- H.R. 5522, making appropriations for thorization and Adjustment Act of 1992 annual Monetary Policy Report to Con- foreign operations, export financing, gress. to provide for the conjunctive use of and related programs for the fiscal SD–538 surface and ground water in Juab year ending September 30, 2007, and Commerce, Science, and Transportation County, Utah, S. 1965, to authorize the H.R. 5386, making appropriations for Technology, Innovation, and Competitive- Secretary of the Interior to convey cer- the Department of the Interior, envi- ness Subcommittee tain buildings and lands of the Yakima ronment, and related agencies for the To hold hearings to examine high per- Project, Washington, to the Yakima- fiscal year ending September 30, 2007. formance computing. Tieton Irrigation District, S. 2129, to SD–106 SD–562 authorize the Secretary of the Interior Judiciary 2:30 p.m. Administrative Oversight and the Courts to convey certain land and improve- Energy and Natural Resources Subcommittee ments of the Gooding Division of the Public Lands and Forests Subcommittee Minidoka Project, Idaho, S. 2470, to au- To hold hearings to examine H.R. 1038, to amend title 28, United States Code, to To hold an oversight hearing on the im- thorize early repayment of obligations plementation of Public Law 108–148 The to the Bureau of Reclamation within allow a judge to whom a case is trans- ferred to retain jurisdiction over cer- Healthy Forests Restoration Act. the A&B Irrigation District in the SD–366 State of Idaho, S. 2502, to provide for tain multidistrict litigation cases for trial. the modification of an amendatory re- SD–226 JULY 20 payment contract between the Sec- 2:30 p.m. 2 p.m. retary of the Interior and the North Homeland Security and Governmental Af- Appropriations Unit Irrigation District, S. 3404, to re- fairs Business meeting to markup H.R. 5631, authorize the Mni Wiconi Rural Water Federal Financial Management, Govern- making appropriations for the Depart- Supply Project, H.R. 2383, to redesig- ment Information, and International ment of Defense for the fiscal year end- nate the facility of the Bureau of Rec- Security Subcommittee ing September 30, 2007, proposed legis- lamation located at 19550 Kelso Road in To hold hearings to examine the case for lation making appropriations for the Byron, California, as the ‘‘C.W. ‘Bill’ reform regarding community develop- Departments of Labor, Health and Jones Pumping Plant’’, and H.R. 4204, ment block grants, focusing on issues Human Services, and Education, and to direct the Secretary of the Interior surrounding program formulas, recipi- Related Agencies for the fiscal year to transfer ownership of the American ent communities, and management of ending September 30, 2007, H.R. 5385, River Pump Station Project. grants within the Community Develop- making appropriations for the military SD–366 ment Block program, including aspects quality of life functions of the Depart- 3 p.m. of the reform package, the ‘‘CDBG Re- ment of Defense, military construc- Library form Act of 2006’’. tion, the Department of Veterans Af- Business meeting to consider pending SD–342 fairs, and related agencies for the fiscal committee business. Finance year ending September 30, 2007, and H–140, Capitol Long-term Growth and Debt Reduction H.R. 5576, making appropriations for Subcommittee the Departments of Transportation, JUNE 29 To hold hearings to examine how to in- Treasury, and Housing and Urban De- crease worker coverage relating to velopment, the Judiciary, District of 9:30 a.m. small business pension plans. Columbia, and independent agencies for Foreign Relations SD–215 the fiscal year ending September 30, To hold hearings to examine Russia. Intelligence 2007. SD–419 To receive a closed briefing regarding in- SD–106 Homeland Security and Governmental Af- telligence matters. fairs SH–219 Oversight of Government Management, the POSTPONEMENTS Federal Workforce, and the District of JULY 12 Columbia Subcommittee 10 a.m. JUNE 28 To hold hearings to examine proposed Agriculture, Nutrition, and Forestry 9:30 a.m. legislation relating to enhancing em- To hold hearings to examine USDA dairy Judiciary ployee performance. programs. To hold hearings to examine antitrust SD–342 SR–328A concerns relating to credit card inter- 10 a.m. change rates. Commerce, Science, and Transportation JULY 13 SD–226 Business meeting to continue markup of 2 p.m. H.R. 5252, to promote the deployment Appropriations JUNE 29 of broadband networks and services. Business meeting to markup proposed 10 a.m. SH–216 legislation making appropriations for Small Business and Entrepreneurship Energy and Natural Resources the Departments of Commerce and Jus- To hold hearings to examine strength- To hold hearings to examine H.R. 5254, to tice, Science, and related agencies for ening participation of small businesses set schedules for the consideration of the fiscal year ending September 30, in Federal contracting and innovation permits for refineries. 2007, and proposed legislation making research programs. SD–366 appropriations for the District of Co- SR–428A

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