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

Vol. 151 WASHINGTON, WEDNESDAY, FEBRUARY 2, 2005 No. 9 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- to the House his approval thereof. PRO TEMPORE pore (Mr. LAHOOD). Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore. The f nal stands approved. Chair will receive 10 one-minute speeches on each side. DESIGNATION OF THE SPEAKER f PRO TEMPORE f The SPEAKER pro tempore laid be- PLEDGE OF ALLEGIANCE RECOGNITION OF GUEST fore the House the following commu- The SPEAKER pro tempore. Will the CHAPLAIN WALLACE nication from the Speaker: gentleman from Illinois (Mr. SHIMKUS) (Mr. BACHUS asked and was given WASHINGTON, DC, come forward and lead the House in the permission to address the House for 1 February 2, 2005. Pledge of Allegiance. minute.) I hereby appoint the Honorable RAY Mr. SHIMKUS led the Pledge of Alle- Mr. BACHUS. Mr. Speaker, our pray- LAHOOD to act as Speaker pro tempore on giance as follows: er today was offered by Pastor Aubry this day. Wallace. Pastor Wallace is joined by J. DENNIS HASTERT, I pledge allegiance to the Flag of the Speaker of the House of Representatives. United States of America, and to the Repub- his wife, Shirley. They just celebrated lic for which it stands, one nation under God, their 51st anniversary. Pastor Wallace f indivisible, with liberty and justice for all. and Shirley are the parents of four PRAYER children. Three of them are serving our f country and have served our country. The Reverend Aubry L. Wallace, Their son was in the Navy and was Chaplain, Chilton County Sheriff’s De- MESSAGE FROM THE SENATE deceased while serving. They have an- partment, Clanton, Alabama, offered A message from the Senate by Mr. other son, who is a Marine, and another the following prayer: Monahan, one of its clerks, announced that has served in the Air Force. Heavenly Father, I pray Your protec- that the Senate has passed a bill of the He has pastored three churches in tion for this assembled body. May the following title in which the concur- Chilton County, where he is beloved. brightness of Your countenance shine rence of the House is requested: He also serves as a chaplain for the upon them. Keep them in Your hand S. 167. An act to provide for the protection Chilton County Sheriff’s Department, and give them the assurance of Your and one of the things I am most proud walk with them as they go about the of intellectual property rights, and for other purposes. of him is for his ministry to prisoners business of deliberating the affairs of there in the Chilton County Jail. He The message also announced that our beloved country. has and is making a difference. He is pursuant to Public Law 93–618, as May they find in You the strength to over a 20-year veteran of the Air Force, amended by Public Law 100–418, the withstand those who criticize. Give where he served in Vietnam for 7 years. Chair, on behalf of the President pro them the humility to accept aid when So we are very proud of him this offered and the courage to do the right tempore and upon the recommendation morning and thank him very much. thing. of the Chairman of the Committee on Holy Father, make them aware of Finance, appoints the following Mem- f Your presence as they take part in this bers of the Committee on Finance as SUPPORT FOR ALBERTO divinely appointed experiment we call congressional advisers on trade policy GONZALES and negotiations: human government. Then at the end of (Ms. ROS-LEHTINEN asked and was The Senator from Iowa (Mr. GRASS- the day let them know, all that is re- given permission to address the House quired of you is to love mercy, do just- LEY), for 1 minute and to revise and extend ly, to walk only with their God, and in The Senator from Utah (Mr. HATCH), her remarks.) his Holy name we pray. Amen. The Senator from Mississippi (Mr. Ms. ROS-LEHTINEN. Mr. Speaker, f LOTT), Judge Alberto Gonzales is a true Amer- The Senator from Montana (Mr. BAU- ican success story, an embodiment of THE JOURNAL CUS), and the American dream. He deserves to be The SPEAKER pro tempore. The The Senator from West Virginia (Mr. confirmed as Attorney General. He was Chair has examined the Journal of the ROCKEFELLER). born in Humble, Texas, to immigrant

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

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VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.000 H02PT1 H290 CONGRESSIONAL RECORD — HOUSE February 2, 2005 counsel to then Governor Bush and eral. Enough obstruction rooted in proved they were true living nation in counsel to the President of the United petty partisanship. It is time for the spite of mass graves which was made States. Senate to confirm Alberto Gonzales as by the last regime and terrorists. The I am truly inspired by Judge United States Attorney General. Iraqis which I have the honor to be one Gonzales and his outstanding contribu- f of them were braver than their lead- tions to our Nation. He is a highly ers.’’ WOMEN AND SOCIAL SECURITY qualified nominee who is a true Amer- Finally, the last e-mail I received: ican success story and a source of pride (Ms. SOLIS asked and was given per- ‘‘It was a big day.’’ for Hispanics across the country. mission to address the House for 1 To my friends, the candidates in the I urge my colleagues across the minute.) Iraq election, I am very proud of you. I Chamber to do what is best for Amer- Ms. SOLIS. Mr. Speaker, today I rise am very proud of the Iraqi people. I, ica and confirm Judge Gonzales. to denounce the phony Social Security too, agree it was a very big day, not just for Iraq but for the world. f crisis that the President is trying to sell the American public. As the new f MISSING $9 BILLION IN IRAQ Democratic Chair of the Women’s Cau- OUSTER OF VETERANS (Mr. KUCINICH asked and was given cus, I am especially concerned because COMMITTEE CHAIR permission to address the House for 1 women are the first targets to be minute and to revise and extend his re- thrown off the lifeboat. Women ac- (Mr. STRICKLAND asked and was marks.) count for 70 percent of all Social Secu- given permission to address the House Mr. KUCINICH. Mr. Speaker, the rity beneficiaries older than 85 years of for 1 minute.) Mr. STRICKLAND. Mr. Speaker, my state of the Union is asleep. This ad- age. Women depend more on Social Se- Republican colleagues are willing to ministration cannot account for $9 bil- curity because they often live longer stand on this floor in support of nomi- lion it controlled in Iraq for a 9-month than their spouses, anywhere from 7 to nee Gonzales, but the sad fact is they period ending last October. Wake up, 10 years. Many have less retirement were not willing to stand up and sup- America. savings because they stopped working port their own colleague, the gen- While $9 billion went unaccounted to raise their children and to take time tleman from New Jersey (Mr. SMITH). for, the administration did not have out to take care of a family member. The gentleman from New Jersey is enough money for bullet-proof vests or In the community I represent in East arguably the most pro-life Member of armor-plated protection for troops. It Los Angeles and the San Gabriel Val- this House, a true conservative. But fought against increasing the combat ley, there are nearly 60,000 Social Secu- that was not enough for this Repub- death benefit and cut veterans benefits. rity beneficiaries. Many are disabled lican leadership. This good man, who Yet, for 9 months, an average of $30 women, widows and wives who rely had been on the Committee on Vet- million a day, totaling $9 billion, could very heavily on their hard-earned erans’ Affairs for 24 years, was removed not be accounted for by the adminis- monthly Social Security benefits. of that committee, deprived of his tration’s Coalition Provisional Author- Democrats believe that all American chairmanship, because he spoke out for ity, according to the Inspector General. workers should get the benefits they veterans and their needs. Do we hear a grand jury stirring? paid into. We will fight to improve the Speaker HASTERT received a letter Was the $9 billion stolen? Was it used Social Security system, not dismantle from 10 national veterans’ organiza- for bribes for peace or rent-a-friend or it. As one of my colleagues said, ‘‘Let’s tions, the American Legion, Veterans a paid assassin program? Was it fun- not throw grandma out with the bath of Foreign Wars, Military Order of the neled elsewhere to spend money to fo- water.’’ Purple Heart, Paralyzed Veterans of ment chaos, disorder and violence? f America, Vietnam Veterans of Amer- The administration could not find IRAQI ELECTIONS ica, Disabled American Veterans, WMDs, Osama bin Laden, and now $9 AMVETS, Blinded Veterans Associa- billion is unaccounted for. They want (Mr. SHIMKUS asked and was given tion, Jewish War Veterans and Non- another $80 billion, while Halliburton permission to address the House for 1 commissioned Officers, all urging makes a killing on overcharges. And minute and to revise and extend his re- Speaker HASTERT to keep the gen- they want us to trust them with Social marks.) tleman from New Jersey as the chair- Security? I do not think so. Mr. SHIMKUS. Mr. Speaker, 3 weeks man of the Committee on Veterans’ Af- Wake up, America. Your democracy ago, I was able to go to Amman, Jor- fairs. He was removed. is disappearing. dan, with the Iraqi Women’s Caucus to If your leadership can do it to the f meet with candidates for the upcoming gentleman from New Jersey, it can do election. I have got a few e-mails from it to you, my friends. JUDGE ALBERTO GONZALES some of them since the election that I f (Mr. LINCOLN DIAZ-BALART of would like to share. Florida asked and was given permis- One wrote: FREE FLOW OF INFORMATION ACT sion to address the House for 1 minute.) ‘‘My finger is still the color of ink (Mr. PENCE asked and was given per- Mr. LINCOLN DIAZ-BALART of and I’m not afraid. It is a shame to be mission to address the House for 1 Florida. Mr. Speaker, the attempts to afraid while others who couldn’t walk minute and to revise and extend his re- delay and derail the confirmation of on their legs, but they came to the bal- marks.) Alberto Gonzales as Attorney General lot stations and voted and dipped their Mr. PENCE. Mr. Speaker, 1 month of the United States are wrong and ob- fingers in ink. I am very proud of my ago, we stood in this assembled Cham- jectionable. people. Yes, they suffered a lot and ber and pledged ourselves to support This is the fifth time that President they wanted to end this suffering. The and defend the Constitution of the Bush has asked Alberto Gonzales to first step was their voting without United States of America. Chief among serve his country. As counsel to the fear.’’ the rights enumerated in that Con- President, as chief advisor to then Gov- Another one said: stitution is the freedom of the press. ernor Bush, as a Texas Supreme Court ‘‘We heard an explosion that was Unfortunately, last year almost a justice, as Texas Secretary of State, made by a suicide bomber, but I was dozen reporters were served or threat- Alberto Gonzales has always served his very surprised and so proud when I saw ened with jail sentences in at least Governor, his President and his coun- other people who didn’t yet vote go, three different Federal jurisdictions for try with honor, integrity and distinc- ‘Ha ha ha. It is okay. The terrorists refusing to reveal confidential sources. tion. cannot prevent us from voting and we Compelling reporters to testify and, in This man of humble beginnings who will vote after half an hour from this particular, compelling them to reveal has achieved so much personifies the explosion.’’’ the identity of their confidential American dream. Hispanics throughout Another one wrote saying: sources is a detriment to the public in- America are proud of him, as all Amer- ‘‘It is a great honor for us as can- terest. Without the promise of con- icans will be of our next Attorney Gen- didates to represent this people which fidentiality, many important conduits

VerDate Aug 04 2004 03:59 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.003 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H291 dozen reporters were served or threat- ing your Nation. Generations of Ameri- tives. I offer my deepest sympathies to ened with jail sentences in at least cans from every single walk of life Judge Latimer’s family: his wife, Mil- three different Federal jurisdictions for have dedicated themselves to defending dred; and his two daughters and other refusing to reveal confidential sources. our Nation as part of the United States family members. Compelling reporters to testify and, in Armed Forces. They are worthy of our f particular, compelling them to reveal thanks, our praise, and over the past PRAISING THE PEOPLE OF IRAQ the identity of their confidential few days we have watched them bring sources is a detriment to the public in- great honor to our Nation. (Mr. WILSON of South Carolina terest. Without the promise of con- Yet today many of our country’s law asked and was given permission to ad- fidentiality, many important conduits schools are treating America’s military dress the House for 1 minute.) of information about government ac- with disdain and disrespect. Mr. WILSON of South Carolina. Mr. tivity would be shut down. Speaker, having served as poll man- Today, 31 States and the District of b 1015 ager, poll watcher, county election Columbia have various statutes that I bet there are millions of Americans commissioner, State ballot security co- protect reporters from being compelled who have no idea that many of the Na- ordinator, campaign manager, and can- to testify and disclose sources of infor- tion’s elite law schools, schools that didate, I know firsthand the challenges mation in court, but there is no Fed- receive tax dollars in the form of loan of free elections. eral protection. Mr. Speaker, today, subsidies and grants, are refusing to In our developed democracy, we are along with the gentleman from Vir- allow military recruiters on campus. confronted with serious problems of se- ginia (Mr. BOUCHER), I will introduce They allow the well-heeled law firms curing polling locations, recruiting the Free Flow of Information Act. This from New York, from Washington, Chi- poll workers, printing intelligible bal- important legislation will provide re- cago on campus to recruit; but they lots, finding dedicated managers, pro- porters with protection from being say no to this Nation’s military. viding current poll lists. The chal- compelled to disclose sources of infor- I ask all my colleagues to join the lenges are endless, but unlike Iraqi vot- mation in any Federal criminal or civil gentleman from California (Chairman ers, we have rarely been asked to brave case without meeting strict criteria. HUNTER) in his efforts today to ensure bullets, bombs, and terrorist thugs on ‘‘Our liberty cannot be guarded but that our institutions of higher learning our way to the polls. by the freedom of the press, nor that be treat the American military with the The millions of Iraqi voters are to be limited without danger of losing it.’’ respect and the access that it deserves. commended for their bravery. I also Thomas Jefferson said that, and he was I ask them to support House Concur- credit the Iraqi security forces, Amer- right. I urge my colleagues to join us rent Resolution 36. ican servicemembers, and coalition troops for securing the over-5,000 poll- in cosponsoring the Free Flow of Infor- f mation Act and press for its immediate ing sites across the nation. adoption. EXPRESSING SADNESS UPON The success of Sunday’s election is a PASSING OF JUDGE HENRY tangible fulfillment of the vision of f LATIMER President George W. Bush and proves SOCIAL SECURITY (Mr. HASTINGS of Florida asked and that democracy abroad is the best way (Mr. DEFAZIO asked and was given was given permission to address the to protect American families at home. permission to address the House for 1 House for 1 minute and to revise and Terrorist extremists cannot and will minute.) extend his remarks.) not survive in free nations. In conclusion, may God bless our Mr. DEFAZIO. Mr. Speaker, the Mr. HASTINGS of Florida. Mr. troops, and we will never forget Sep- President talks loosely and loudly of Speaker, I rise today to express great tember 11. the pending crisis, the bankruptcy of sadness about the tragic death of my Social Security. Under pessimistic as- good friend, former Broward Circuit f sumptions, 40 or 50 years from today, Court Judge Henry Latimer. THE PRESIDENT’S STATE OF THE Social Security might only be able to Known by his friends as ‘‘Lat,’’ Henry UNION ADDRESS pay 75 percent, or more, of benefits. Latimer was an extraordinary gen- That could be described as a possible (Ms. JACKSON-LEE of Texas asked tleman who achieved great success as a potential future problem but certainly and was given permission to address teacher, lawyer, judge, and trial attor- not an immediate crisis and a long way the House for 1 minute and to revise ney. Growing up in Jacksonville’s from bankruptcy. and extend her remarks.) So what does the President propose? projects, he attended segregated Ms. JACKSON-LEE of Texas. Mr. Privatization which would actually schools and was initially unable to sup- Speaker, tonight the President will make Social Security shortfall certain, plement scholarship offers he had re- converse with the American people. precipitate the crisis. He would man- ceived from colleges around the coun- And I hope that he will announce to- date a 40 percent cut in benefits. Think try. Instead, he chose to serve in the night, as I join and support him, the in- of it. To solve the problem, a possible United States Marines for 3 years and crease of the survivor benefit for those reduction in benefits by 25 percent, he went on to teach economics and his- who have lost their lives in battle in mandates up front a 40 percent cut, tory at Dillard High School in Fort the United States military to $250,000 then would borrow $2 trillion, put that Lauderdale, Florida. His achievements and to those who die in the service of on the back of the taxpayers and future are too numerous to mention without the military whether in battle or not, workers so people could gamble pos- great prolixity. the $250,000 survivor benefit to their sibly to try and make up that shortfall Many, as I, relied on him as a mentor families. It is long overdue. through privatized accounts and most and friend. Judge Latimer and I be- Mr. President, use the bully pulpit probably would fail. came close personal friends in law for that legislation to be passed imme- What a deal. Let us get real about it. school and while he was serving on the diately on behalf of America’s military Let us fix Social Security, not destroy bench and in our fraternity. He has families. I do believe it is crucially im- it. been an invaluable source of support. portant that the President announces He has made profound contributions to f to the American people the next step the legal community in Florida as ex- after the democratic elections in Iraq. MILITARY RECRUITER ACCESS TO emplified by his impressive achieve- Tell us the exit strategy for our troops INSTITUTIONS OF HIGHER ment. I will greatly miss his wise coun- and the strategy for rebuilding Iraq LEARNING sel, compassion, and unwavering per- and returning our troops home to their (Mrs. BLACKBURN asked and was sonal support during the good times families. Now is the time to respond to given permission to address the House and the bad. As a friend, the loss is the needs of the American people as we for 1 minute and to revise and extend simply immeasurable. build with the Iraqi people the next her remarks.) Mr. Speaker, let me conclude by step of freedom. Mrs. BLACKBURN. Mr. Speaker, again expressing my great sadness on And then I believe it is important to there are few greater causes than serv- the behalf of the House of Representa- tell the American people that you are

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.005 H02PT1 H292 CONGRESSIONAL RECORD — HOUSE February 2, 2005 not going to betray them by elimi- Mr. REHBERG. Mr. Speaker, I would symbolic unity and in support of the nating Social Security. Social Security like to call attention to one of my fa- free election in Iraq, the first free elec- is not a retirement benefit. It is also a vorite cities in America: Bozeman, tion in the history of that country. survivors benefit for children and the Montana. Nestled in the scenic Bridger Their actions this weekend were not disabled. It is time now to recognize mountain range, Bozeman draws visi- about America or necessarily an en- that we invested in Social Security. Do tors from around the world for its first- dorsement of everything we are doing, not betray us. Tell the American peo- class outdoor recreational activities. although I think that was an effect of ple how we can move forward together. Yet it is more than a gateway to Mon- it; but their actions were really about tana’s natural splendor. It is a dynamic f a free country, about democracy, about center of commerce. choice, about self-government and self- ANNOUNCEMENT BY THE SPEAKER A recent study by the American Cit- determination, throwing off the shack- PRO TEMPORE ies Business Journal named Bozeman les of oppression and joining the world The SPEAKER pro tempore (Mr. as the best small-business market in community. A 57 percent voter turnout the United States among cities with LAHOOD). Members are reminded to ad- in the face and threat of death and de- dress their remarks to the Chair and fewer than 100,000 people. This comes struction. Compare that to America, 61 not to the President. as no surprise since Bozeman has first- percent just this November, and it was rate public schools, has become a cen- the highest voting turnout in 38 years. f ter of science and technology in its Or in my home county in Savannah, IN SUPPORT OF ALBERTO home to Montana State University. Georgia, Chatham County, the last GONZALES AS ATTORNEY GEN- Bozeman is the kind of community time we elected a Governor, we had a ERAL where parents can let children play in 48 percent voter turnout and no one the neighborhoods and where people was threatened with death or suicide (Mr. WELDON of Florida asked and still wave and say hello when one was given permission to address the bombers or anything like that. passes them on the street. The experts It took America 7 years to win the House for 1 minute and to revise and have now discovered what many of us extend his remarks.) Revolutionary War and then it was not in Montana already knew: Bozeman is until 1789 that we threw out the Arti- Mr. WELDON of Florida. Mr. Speak- a place with everything a business er, I rise today to honor and also sup- cles of Confederation and adopted our needs to succeed. Constitution. It has taken us many, port the nomination of Judge Alberto I congratulate the city of Bozeman many years. For Iraq they have many Gonzales to serve as Attorney General for becoming the best small business struggling years ahead, but they have of the United States. Judge Gonzales market in the country. taken a very important first step. has served as counsel to the President, f a jurist on the Supreme Court of Texas, f SOCIAL SECURITY MUST BE FIXED Secretary of State and chief elections ANNOUNCEMENT BY THE SPEAKER officer in Texas, as well as then-Gov- (Mr. MCHENRY asked and was given PRO TEMPORE ernor Bush’s chief counsel. Before join- permission to address the House for 1 The SPEAKER pro tempore. Pursu- ing the Governor’s staff, he was one of minute and to revise and extend his re- ant to clause 8 of rule XX, the Chair the first two minority partners with marks.) will postpone further proceedings the law firm of Vinson & Elkins in Mr. MCHENRY. Mr. Speaker, Social today on the motion to suspend the Houston. Judge Gonzales is extremely Security must be fixed. It is not a ques- rules on which a recorded vote or the qualified to serve as our Nation’s At- tion of whether to do it or how to do it. yeas and nays are ordered, or on which torney General. It is a question of when we do it. Be- the vote is objected to under clause 6 of Born in 1955 in San Antonio, Texas, cause unless we act now, those workers rule XX. to Maria and Pablo Gonzales, two that are 20 years old now, in their mid- RECORD votes on postponed questions Mexican-American migrant workers, 20s, when they retire, the system is will be taken later today. Judge Gonzales learned firsthand the going to be bankrupt. meaning of hard work, determination, In the 1950s when current retirees f and integrity at a young age. He was were young workers, there were 16 COMMENDING PALESTINIAN PEO- the first in his family to attend col- workers supporting every one retiree. PLE FOR HOLDING FREE AND lege, continued on to Harvard Law Now there are only 3.3 workers per re- FAIR PRESIDENTIAL ELECTION tiree and by 2040 there are only going School, served in the United States Air Ms. ROS-LEHTINEN. Mr. Speaker, I Force, and later attended the U.S. Air to be two workers per retiree. President Bush will outline his ideas move to suspend the rules and agree to Force Academy. the resolution (H. Res. 56) commending Mr. Speaker, I have full confidence to fix Social Security tonight during his State of the Union Address. It is an the Palestinian people for conducting a that upon Senate confirmation, Judge free and fair presidential election on Gonzales will help protect Americans issue so important to the future of America, to my grandmother as well as January 9, 2005, and for other purposes. from terrorism while also protecting The Clerk read as follows: our rights as the Nation’s chief law en- future generations of Americans. We H. RES. 56 forcement officer. He will continue must act boldly, and our President to- working to bring those who commit night will outline his strategy for a Whereas on January 9, 2005, the Pales- lasting solution, not a temporary fix. tinian people elected Mahmoud Abbas as the corporate fraud to justice, reforming second President of the Palestinian Author- the FBI, and building on the Bush ad- We must maintain our commitment to those that are at or near retirement ity; ministration’s success in reducing Whereas this election has been hailed as crime. age while allowing younger workers free and fair and is an important and note- It is an honor to support Judge such as myself to get a better return worthy step in advancing democracy in the Gonzales. He is an outstanding Mexi- on their Social Security investment. Arab world; Mr. Speaker, Social Security must be can-American, an outstanding example Whereas Israel should be commended for fixed, and it is this Congress and this of the American Dream, and we will be facilitating the Palestinian election pro- President this year that will take on ceedings; proud of his service to our Nation as this task. Whereas the United States is hopeful that our Attorney General. a peaceful resolution of the Israeli-Pales- f f tinian conflict can be achieved; FREE ELECTIONS IN IRAQ Whereas the United States is strongly CONGRATULATING BOZEMAN, (Mr. KINGSTON asked and was given committed to the security of Israel and its MONTANA well-being as a Jewish state; and permission to address the House for 1 Whereas on June 24, 2002, President George (Mr. REHBERG asked and was given minute and to revise and extend his re- W. Bush expressed his vision of two states permission to address the House for 1 marks.) living side by side in peace and security and minute and to revise and extend his re- Mr. KINGSTON. Mr. Speaker, I that vision can only be fully realized when marks.) dipped my finger in purple ink today in terrorism is defeated, so that a new state

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.007 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H293 may be created based on the rule of law and cilitating a process whereby Palestin- mitment to peace. But good intentions respect for human rights: Now, therefore, be ians could vote in a positive voting at- and commitment will not be enough to it mosphere. Commission representatives assure his success as a leader. In fact, Resolved, That the House of Representa- tives— trained more than 16,000 electoral offi- they are barely enough to get him off (1) commends the Palestinian people for cials to staff the 2,800 polling sites the starting block. conducting a free and fair presidential elec- throughout the West Bank and Gaza To succeed, Mahmoud Abbas will tion on January 9, 2005; and conducted their operations in a have to show backbone that, unfortu- (2) congratulates the new Palestinian professional way. nately, he has not revealed in his pre- President, Mahmoud Abbas; The Palestinian presidential election vious high-level positions. As the reso- (3) urges the new Palestinian leadership to of January 9 of this year and the up- lution correctly suggests, he will have continue to advance democratic ideals by re- coming parliamentary elections sched- to take immediate and significant forming the Palestinian political structure, steps to dismantle the Palestinian ter- advancing human rights, and ending corrup- uled for this July represent an oppor- tion; tunity for Palestinians to affirm their rorist infrastructure. He needs to con- (4) strongly condemns terrorism and urges desire to end the violence and to forge fiscate unauthorized weapons. He needs President Mahmoud Abbas, who has pre- a government that can respond to their to arrest and bring to justice the ter- viously disavowed terrorism, to immediately needs. rorists who have engaged in so much take steps to dismantle the Palestinian ter- We are guardedly optimistic about violent activity. He needs to consoli- rorist infrastructure, confiscate unauthor- Abu Mazen’s recent decision to ban the date and take charge of all Palestinian ized weapons, arrest and bring terrorists to use of unregistered weapons by civil- security organizations, and he needs to justice, consolidate and control the many end anti-Israeli and anti-Semitic in- Palestinian security organizations, and end ians. the incitement to violence and hatred in the We wish the new Palestinian leader- citement in the Palestinian media, Palestinian media, educational institutions, ship success in achieving a lasting schools, mosques, and all other institu- mosques, and other institutions; peace and a prosperous future for both tions. (5) urges Arab states to take active steps the Israeli and the Palestinian people Mr. Abbas is an intelligent man, and to encourage and assist the Palestinian Au- and in building transparent institu- he surely knows that, in the long run, thority in bringing an end to terrorism and tions accountable to the Palestinian there is no such thing as a cease-fire an end to anti-Israel incitement in their own people. with terrorists. He will control and de- media; and Mr. Speaker, I commend the leader- feat the terrorists, or he will be con- (6) encourages all interested parties to trolled and defeated by them. I am take advantage of this historic opportunity ship for bringing this resolution to the to remove obstacles to achieving a lasting floor today, and I ask my colleagues to hopeful that he will be up to the task. peace in the Middle East. support it. I think he knows that, as the leader, he The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of does not have the option of giving in to ant to the rule, the gentlewoman from my time. frustration and just walking away, as Florida (Ms. ROS-LEHTINEN) and the Mr. LANTOS. Mr. Speaker, I yield he did during the Camp David negotia- gentleman from California (Mr. LAN- myself such time as I may consume. tions in 2000 and during his brief stint TOS) each will control 20 minutes. Mr. Speaker, I rise in support of H. as Arafat’s Prime Minister. The Chair recognizes the gentle- Res. 56, and I want to commend the bi- Although the incidence of violence woman from Florida (Ms. ROS- partisan leadership for introducing this has declined in recent weeks, the infra- LEHTINEN). important resolution. I also want to structure of terrorism has, in many GENERAL LEAVE commend the gentlewoman from Flor- ways, grown stronger and more sophis- Ms. ROS-LEHTINEN. Mr. Speaker, I ida (Ms. ROS-LEHTINEN) for her leader- ticated. Kassam rockets that threaten ask unanimous consent that all Mem- ship on this issue. Israeli civilians inside and near the bers may have 5 legislative days within I fully endorse the message of this Gaza Strip are becoming more accurate which to revise and extend their re- resolution. The Palestinian people de- and gaining greater distance. In my marks and include extraneous material serve our commendation for con- travels to the region, I have discovered on the resolution under consideration. ducting a free and fair election and for that Iran and Hezbollah are increas- The SPEAKER pro tempore. Is there electing as their leader a man who has ingly engaged with Palestinian terror- objection to the request of the gentle- spoken out against the use of violence. ists. Mr. Speaker, I think we must also woman from Florida? b 1030 There was no objection. keep in mind that there is no moral Ms. ROS-LEHTINEN. Mr. Speaker, I I salute Mahmoud Abbas for opposing equivalence in the use of violence in yield myself such time as I may con- the intifada. Far too few Palestinians this struggle. The Israelis have no in- sume. have had the courage to do so. terest in violence for the sake of vio- Today I rise in support of House Res- The change of Palestinian leadership lence but, unfortunately, some Pal- olution 56, introduced by the House has had a salutary effect on peace pros- estinians do. If the current lull in vio- leadership, commending the Pales- pects. I am encouraged by recent steps lence breaks down, I am certain it will tinian people for holding recent elec- taken by both Israel and the Palestin- be because Abu Mazen could not con- tions. This resolution is a reflection of ians, steps that have reduced the level trol Palestinian terrorism. our support for President Bush when he of violence. I share the optimism of Secondly, Mr. Speaker, we need to be stated, ‘‘The United States stands many that, for the first time in years, realistic about the current state of the ready to help the Palestinian people re- we now may have an opportunity to peace process and Israeli-Palestinian alize their aspirations.’’ make real progress toward peace. relations. The Israeli government The onus is on the Palestinian lead- Mr. Speaker, I think it is desirable which, since Prime Minister Sharon’s ership to demonstrate that they are that this body welcome and contribute recent coalition agreement with Labor committed to moving peace forward by to the improved atmosphere between Party leader Shimon Peres, now in- bringing an end to Palestinian ter- the parties. This resolution is an en- cludes Israel’s two largest parties, is rorism. The election of Abu Mazen is a tirely appropriate way to do so. But preparing to take an historic action. In hopeful first step. Eight hundred inter- what I would not want this body to do fact, it is the boldest, most creative act national observers monitored the re- is to contribute to unrealistically high in the peace process since the outbreak cent Palestinian presidential elections expectations. In that regard, I would of the intifada in September, 2000. The and agreed that the will of the Pal- like to make two points which bear on government of Israel is preparing to re- estinians was adequately expressed. the subject of the resolution before us. deploy its forces from the Gaza Strip Palestinians from all walks of life par- First of all, I respect the good inten- and to dismantle all of its Gaza settle- ticipated in the elections, representing tions of the new president of the Pales- ments. This unprecedented action will approximately 70 percent of eligible tinian Authority. I first met with Mr. pave the way for the Palestinians to voters. Abbas in Ramala on the eve of his be- govern their own contiguous territory The Palestinian Central Election coming Prime Minister some 2 years and to demonstrate their ability to es- Commission has been recognized for fa- ago, and he emphasized to me his com- tablish a free and orderly society.

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.003 H02PT1 H294 CONGRESSIONAL RECORD — HOUSE February 2, 2005 Mr. Speaker, I fully identify myself and, in so doing, congratulating the that hope, with congratulations, but with the hope and belief expressed in new Palestinian President, Mahmoud also with the truth, that there must be this resolution that a lasting peace in Abbas, for his achievement and his results and leadership that lead to the Middle East is achievable and that leadership as H. Res. 56 does. peace and justice in the region for all we now have an opportunity to take It is also altogether fitting, though, of the people. steps in that direction. But we must be that in the same breath as this Con- Ms. ROS-LEHTINEN. Mr. Speaker, I realistic about the time frame. Israel’s gress, on behalf of the people of the yield myself such time as I may con- decision to redeploy from Gaza is po- United States, speaks a word of encour- sume. litically courageous, but it is also po- agement to the people of the Pales- I thank the gentleman for his re- litically dangerous and difficult. The tinian Authority and its new leader, we marks, and I am so pleased that he sin- overwhelming majority of Israelis sup- must also be willing to speak truth. gled out the gentleman from California port it, and I fully expect it to be ac- And in this bipartisan measure, the (Mr. LANTOS) who, as all of us know, re- complished by the latter half of this American people, through this body, do cently led a delegation to Auschwitz year, as scheduled. But it will not be just that, Mr. Speaker. In this resolu- where we commemorated the 60th anni- easy. tion, the House of Representatives also versary of the liberation of Auschwitz. Then, once Israel does redeploy, the will strongly condemn terrorism and The gentleman from California (Mr. onus will be on the Palestinians to urge President Mahmoud Abbas, who LANTOS) is a Holocaust survivor who prove that they have what it takes to has happily previously disavowed ter- lost family members in this horrible run the equivalent of a state. If and rorism, to immediately take steps to tragedy, and we thank him for his lead- when they do so, I am certain both dismantle Palestinian terrorist infra- ership in the House throughout the sides will move with dispatch toward a structure, to confiscate unauthorized years. final settlement. But that agreement is weapons, arrest and bring terrorists to Mr. Speaker, I reserve the balance of certainly not going to be achieved in justice, consolidate and control the my time. the next few months or even in the many Palestinian security organiza- Mr. LANTOS. Mr. Speaker, I want to next year. It would be unfair to the tions, and end the incitement of vio- thank both of my colleagues for their parties to place on them such a burden lence and hatred in the Palestinian extremely generous and kind remarks. of expectation. For now, let us be con- media, educational institutions, Mr. Speaker, I am very pleased to tent that both sides are taking signifi- mosques, and other institutions. yield 3 minutes to the gentlewoman cant steps to create a beginning, and It may seem somewhat impolitic in from Texas (Ms. JACKSON-LEE), my let us remember that it is only a begin- what some may have expected from good friend who has been fighting for ning. this Congress to have been a greeting peace in that region ever since she With those thoughts as context, Mr. card of congratulations to the new came to this body and before. Speaker, I would like once again to President of the Palestinian Authority Ms. JACKSON-LEE of Texas. Mr. congratulate the Palestinians on their to bring these matters up, but as this Speaker, I thank the Ranking Member ably-conducted election. I support H. Congress in the very near future, I sus- for yielding me this time. Res. 56, and I call on all of my col- pect, Mr. Speaker, will begin to talk There are many accolades that we leagues to do likewise. about asking the American people to might share regarding the gentleman Mr. Speaker, I reserve the balance of expand our participation in this region from California (Mr. LANTOS) and, I my time. of the world, to expand our partnership might say, his wife and family, but I Ms. ROS-LEHTINEN. Mr. Speaker, I with the Palestinian Authority, it is thank him for the steady hand and the am so pleased to yield such time as he altogether fitting that we begin that steady interest and the persistence may consume to the gentleman from discussion by expressing the expecta- which has brought us to where we are Indiana (Mr. PENCE), a member of our tions of the American people that the today. Committee on International Relations new leadership of the Palestinian Au- b 1045 and an original sponsor of this legisla- thority be about the rule of law and be tion. about confronting terrorism within Mr. Speaker, I thank the chairman of Mr. PENCE. Mr. Speaker, I thank the their own jurisdiction in the ways enu- the subcommittee, the gentlewoman gentlewoman from Florida for yielding merated in H. Res. 56. from Florida (Ms. ROS-LEHTINEN), and me this time and, more importantly, There can be no more important mes- my colleagues for putting before this for her extraordinary and consistent sage that we send at such a time as body H. Res. 56 to applaud what I con- leadership as chairman of the Sub- this, a season of opportunity, as the sider to be the next opportunity, the committee on the Middle East and Cen- gentlewoman from Florida (Chairman next life-changing experience for those tral Asia. Ros-Lehtinen) described, a season of people who have worked, died, and I also want to commend the leader- hope that we describe for the new lead- prayed for peace in the Mid East. ship in the Congress of the gentleman ership of the Palestinian Authority I do want to acknowledge the elec- from Missouri (Mr. BLUNT) and the gen- what attaches to that hope for the peo- tion of Mahmoud Abbas and to say that tleman from Maryland (Mr. HOYER) for ple of the United States who long for I too had an opportunity to meet him bringing this measure forward. As ever, the peace and stability and democratic in the West Bank just about 2 years I was deeply moved by the courage and institutions of the people of Israel and ago with a number of my colleagues. candor of the gentleman from Cali- the Palestinian people so richly de- His dream, I believe, has now come to fornia (Mr. LANTOS) who preceded me serve. reality where he is able to lead the re- and who continues to be the lone star Mr. Speaker, the Old Testament gion toward full peace. He can declare for those of us in this Congress and in promises, ‘‘Weeping may endure for a opposition in the war on terrorism and this country who cherish the dream night, but joy comes in the morning.’’ the terrorist acts that have been going that is Israel. It is a privilege to follow For too many nights, Israeli and Pales- on. And the Israeli people can embrace him in this discussion today. tinian families have wept for their their dreams, as I heard from so many I rise in strong support, Mr. Speaker, loved ones who have fallen prey to the of them, desiring to live side by side in of H. Res. 56. Like millions of Bible-be- mindless violence that has sprung from peace with the Palestinian people. lieving Christians, I pray for the peace terrorists within the Palestinian Au- Mr. Speaker, let me acknowledge my of Jerusalem, and that refers specifi- thority. This resolution today is about friends and constituents in Houston, cally to all of the people of this torn expressing the profound hope of the strong Palestinians who have come to region. American people that a morning of joy me with both prayer and petition to So, with the election of the second has come. With the election of Presi- ask for intervention and efforts on be- President of the Palestinian Authority, dent Mahmoud Abbas, the election of a half of Palestinians in the Mid East. it is altogether fitting that this Con- new leader for the Palestinian people, They too need to be applauded, as do gress commend the Palestinian people we are come upon that new day of my friends in the Jewish community for conducting a free and fair presi- hope, and we will rise today as a Con- who have recognized the importance of dential election on 9 January, 2005, gress in bipartisan fashion to express the survival of Israel and the standing

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.012 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H295 alongside of each of those two ex- stand determined and ready to build a free elected a new president in a contested, tremely productive and contributing and peaceful nation. free, and fair election. The Palestinian nations. If history in the Middle East has taught us election was a milestone not only for I had about 2 years ago the oppor- anything, we know that the United States must the Palestinian people but for the safe- tunity to co-chair the Partners For be an active and honest broker between the ty of Israel and for our own national Peace. We met in Oslo, Norway. We Palestinians and the Israelis in moving to- security as well. met with women from Israel and the wards a comprehensive peace agreement. I I was privileged to witness this re- PLO. And I was gratified even in the urge the Bush Administration to not relinquish markable event with my own eyes. emotional charge of that session, this opportunity to achieve a lasting peace that From 5:30 in the morning until nearly women crying and outpouring of their can forever change the face of the Middle midnight I traveled in and around hearts talking about the loss of their East. The War in Iraq has lowered our diplo- Bethlehem in my capacity as an elec- children, the violence, and sometimes matic and public standing around the world, tion observer for the mission co-spon- the anger. We came away from there but we have especially done poorly in the Mid- sored by the National Democratic In- with one single challenge, to make sure dle East. People in the region do not trust our stitute and the Carter Center. that our voices would continue to be nation, nor do they trust our intentions. They Let me first take a moment and com- raised for peace in the Mid East. may watch our television, listen to our music mend President Carter, Governor This election as now allowed gives and eat our food, but they still have no love Christie Todd Whitman, former Swed- the opportunity to see the light at the for our nation because of our actions in the ish Prime Minister Carl Bildt, and NDI end of the tunnel, to see the sun rising Middle East that are being viewed as aggres- President Ken Wollack for leading our and not setting. sive. Bringing the Israelis and the Palestinians delegation and the 80 participants from I also recognize that it will be upon together represents the best opportunity to 16 different nations who did a remark- us, the United States, to be able to show the people of the Middle East and the able job. With a few exceptions, what I take a sledge hammer to those crum- world that we can heal the rifts that divide us, observed in Bethlehem held true across bling refugee camps. It is now time for instead of inflaming them. Militant Islamic or- the West Bank and Gaza. The balloting us to rebuild Palestine, to be able to ganizations throughout the world continue to process was exceptionally well orga- have it look as we would want people use the plight of the Palestinian people as one nized, in part because nearly 14,000 pub- to be able to live and to be educated of their main recruiting tools to incite hatred lic school teachers were deployed as and to worship. So I hope the world and distrust of the United States. We have the election officials. family will join with humanitarian aid ability to strike a blow at these terrorist organi- to this new fledgling nation so we can zations if this Administration can seize the op- The Israeli Government did a good build schools and we can build hos- portunity. job facilitating freedom of movement pitals and that we can build institu- This resolution also encourages all inter- in the territories. There was little vio- tions that will last, so we can build ested parties to take advantage of this historic lence. In fact, an almost reverential housing, that they will not have to live opportunity to remove obstacles to achieving a quiet enveloped the polling places. It amidst the rubble. lasting peace in the Middle East. On this front, was truly moving to see Palestinian This resolution on behalf of this Con- I am pleased to report that Egypt has offered people, young and old, embracing this gress is a wonderful first step to ac- to host an Israeli-Palestinian summit next democratic exercise with such purpose knowledge what has happened and also week, and Israeli Prime Minister Ariel Sharon and resolve. to bring about the free peaceful exist- has accepted the invitation. I want to thank the Mr. Speaker, Israelis and Americans ence between Palestine and Israel. I nation of Egypt for taking this important step should welcome the choice of the Pal- hope that we will be part of the solu- towards achieving a comprehensive peace estinian people. Abu Mazen is a proven tion and not part of the problem. God agreement. Egypt has served as a key re- leader with a long track record of nego- bless all of those who have worked so gional ally which has long taken active steps tiating for peace. He is off to a decent hard for peace. towards achieving peace in the Middle East. start. Abu Mazen cannot prevent ter- I rise as a strong supporter of H. Res. 56 This summit will give the Israelis and the Pal- rorism overnight, neither can we; but which commends the Palestinian people for estinians the chance to meet face to face and he has already sent a strong and suc- conducting a free and fair presidential election negotiate terms to bring relative peace and cessful message to Hamas and the Is- on January 9, 2005. The elections held in the stability to their people. Once these key objec- lamic Jihad to halt the attacks. His se- Palestinian Territories are a historic occasion tives are met then a comprehensive agree- curity forces have deployed in Gaza. He upon which we can build the specter of a ment is possible. Already, since the election of has unequivocally condemned ter- comprehensive Middle East peace plan. I want President Abbas, armed groups in the Pales- rorism. to congratulate Mahmoud Abbas on his elec- tinian Territories have openly talked about Prime Minister Sharon’s response to tion victory in becoming the President of the halting attacks on the Israeli people. the new President has been commend- Palestinian Authority. I also want to thank him No doubt there will be setbacks on the both able. Israeli and Palestinian security for his public service at this vital and momen- sides as we have already witnessed too often, officials and top negotiators have been tous time in the history of the Palestinian peo- but now unlike in the past we must show extra meeting. Sharon has praised Abu ple. resolve to achieve a lasting peace. Again, I Mazen’s efforts and will meet with him The two state solution represents the only urge the Bush Administration to take an active shortly. Despite fierce opposition from possible peace plan that can be acceptable role in bringing the Israeli and Palestinian peo- the settler movement, Sharon is stick- and viable for the nation of Israel and the Pal- ple together and not losing this opportunity. As ing firmly to his plan to withdraw from estinian people. The Palestinian elections of we have seen in the past, these opportunities Gaza and parts of the West Bank. Frag- January 9, 2005 represent the first step in the are fleeting, but their potential for a lasting ile as it may be, a new flame of hope process towards a comprehensive peace peace is too great to take for granted. We and optimism has been kindled in the agreement. With this new leadership the Pal- must take all necessary steps to achieve Mid East. estinian people will be able to find stability and peace now not only for the Israeli and Pales- That is why I am pleased that the build their national infrastructure. However, tinian children who will inherit the Middle East, House bipartisan leadership has President Abbas’s first task will be to take but for our own children as well who will in- brought a resolution to the floor today. steps to dismantle the Palestinian terrorist in- herit the world that we have shaped. frastructure, confiscate unauthorized weapons, Mr. LANTOS. Mr. Speaker, I yield 3 The bill commends the Palestinians for arrest and bring terrorists to justice, consoli- minutes to the gentlewoman from Cali- conducting the elections, congratulates date and control the many Palestinian security fornia, (Mrs. CAPPS). Abu Mazen on his victory, and encour- organizations, and end the incitement to vio- Mrs. CAPPS. Mr. Speaker, I thank ages both sides to take steps toward lence and hatred in the Palestinian media, my colleague and friend for yielding peace. educational institutions, mosques, and other me this time. Mr. Speaker, last night a similar res- institutions as this resolution calls for. Cer- Mr. Speaker, January 9 was an im- olution was passed in the other body tainly, this task will not be easy and its resolu- portant and historic day. For many that I had hoped the House could adopt tion will not come quickly, but we as a nation Palestinians it was a once-in-a-lifetime as well. The language of the Senate must support the Palestinian people as they event. They went to the polls and resolution is more comprehensive and

VerDate Aug 04 2004 02:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.016 H02PT1 H296 CONGRESSIONAL RECORD — HOUSE February 2, 2005 balanced and lays out a bolder diplo- the gentleman from Maryland (Mr. The SPEAKER pro tempore. The gen- matic vision to achieve Israeli-Pales- HOYER) for sponsoring this resolution. tleman from Maryland (Mr. HOYER) is tinian peace. Nevertheless, it is note- I had the opportunity to travel with recognized for 31⁄2 minutes. worthy that both Houses of Congress our distinguished whips in December to Mr. HOYER. Mr. Speaker, I wanted are on record commending the Pales- Israel and the West Bank and talk to to join my colleagues and friend, the tinian people and their new President. the leaders in that region. We all have majority whip, the gentleman from Let us all commit ourselves to seizing reason to be optimistic with the elec- Missouri (Mr. BLUNT), who I presume this historic opportunity and hastening tion of Mr. Abbas. We urge him to con- has already spoken, in urging Members the day when Israelis and Palestinians tinue not only to speak out against vi- on both sides of the aisle in supporting will live side by side in peace. olence but to take action to control this important bipartisan resolution Ms. ROS-LEHTINEN. Mr. Speaker, I the terrorists in that region. that we have offered. yield such time as he may consume to I also want to congratulate Mr. Shar- Over the last half century, the Mem- the gentleman from Virginia (Mr. CAN- on, the Prime Minister of Israel, for his bers of this body have seldom had occa- TOR), the chief deputy whip. disengagement, commitment in with- sion to commend those on the Pales- Mr. CANTOR. Mr. Speaker, I rise to drawing from the Gaza and parts of the tinian side whose cause, in my opinion, offer my congratulations to the Pales- West Bank. He is showing real leader- was hijacked by a leadership that tinian people who recently elected ship and commitment in that area. preached death and destruction rather Mahmoud Abbas as the new President Mr. Speaker, this resolution speaks than reconciliation and peace. But of the Palestinian Authority. to the commitment of this country to today we would be remiss if we did not Mr. Abbas has been given a historic continue to be an active leader for do so. Three weeks ago on January 9 an es- opportunity to alter the direction of peace in the Middle East. We know it is timated 70 percent of the 1.1 million the Palestinian leadership from one of important not only for that region but registered Palestinian voters turned terror under Yasser Arafat to one of for U.S. interests as well, and I con- out to cast their ballots in an election peace. It is critical that Mr. Abbas cap- gratulate all that are responsible for that was declared fair by most inter- italize on this opportunity to deal with bringing this resolution forward today. national observers. Israel which has long been searching Mr. LANTOS. Mr. Speaker, how for a partner in peace and not revert to much time remains? b 1100 the terrorist ways of his predecessor. The SPEAKER pro tempore (Mr. This strong turnout, in my judgment, Accomplishing this goal will not be LAHOOD). The gentleman from Cali- not only reflects the universal appeal easy. Mr. Abbas must actively work to fornia (Mr. LANTOS) has 41⁄2 minutes re- of democracy but also the human dismantle the terrorist organizations maining. heart’s yearning for freedom and self- that plagued the hopes of the Pales- Mr. LANTOS. Mr. Speaker, I yield determination. tinian people, using all means of force myself such time as I may consume. This resolution commends the Pales- if necessary. He must recognize and ac- Mr. Speaker, it is significant that tinian people for conducting a free and knowledge that no progress towards within the recent past, three areas in fair election and congratulates the new peace can be made until the terrorist the Middle East have succeeded in Palestinian President, Mahmoud organizations that operate freely holding free and open elections, some Abbas, who has previously disavowed amongst the Palestinian population of them under the most difficult and terrorist activity and recently earned stop the killing of innocent men, dangerous circumstances. We applaud the praise of Israel for deploying more women, and children on the streets of the people of Afghanistan, who not Palestinian security forces in Gaza to Israel. long ago suffered under the horrific try to halt rocket and mortar attacks Mr. Abbas must end incitement yoke of the Taliban, for organizing and on Israeli citizens. against Israel. Only by ending the conducting free and open elections. Among other provisions, this resolu- multi-generational hate can the Pales- And I particularly want to recognize tion urges the new Palestinian leader- tinian Authority begin the painful path the fact that this took place with the ship to advance democratic ideals by towards peace. The task that stands full participation of the women of Af- reforming its political structure, ad- before Mr. Abbas may seem daunting, ghanistan. vancing human rights and ending cor- but these are crucial steps towards im- We in this resolution are com- ruption. It strongly condemns terrorism and proving the life of the Palestinian peo- mending the Palestinian people, who urges President Abbas to immediately ple. We cannot afford to return to Pal- have lived under an undemocratic re- take steps to dismantle the Palestinian gime for too long, for organizing and estinian leadership that one day dis- terrorist infrastructure, to bring ter- conducting fair and open elections. avows terror and the next day stands rorists to justice, and to end the incite- And, of course, this past weekend we shoulder to shoulder with the terrorist ment of hatred in the Palestinian organizations that carry out murder. were all thrilled as we were watching media, schools, mosques, and other in- This double standard is unacceptable. our television screens seeing the cour- stitutions. Again, I congratulate Mr. Abbas and age of the Iraqi people under the most It restates our Nation’s strong com- encourage him to tackle these prob- brutal and bloody threats go to the mitment to and support, unwavering lems head on and avail himself of this polls and exercise their right to select support, for the State of Israel. historic opportunity to work with the their own leaders. These are very en- Finally, Mr. Speaker, let me say that Israeli Government to improve the couraging signs. And it is highly appro- the election of President Abbas is an lives of the Palestinian people. priate for the United States to take the important opportunity and could prove Mr. LANTOS. Mr. Speaker, I yield 1 lead in underscoring the obvious, that to be an historical turning point in the minute to the gentleman from Mary- just as in every other part of the globe Israeli-Palestinian conflict. land (Mr. CARDIN), my good friend and we have led, assisted, and cleared the Israel has made repeated overtures distinguished colleague. coming of free and open elections, at over its history in an effort to speak Mr. CARDIN. Mr. Speaker, I would long last we are doing so in the Middle peace, and, today, it continues to move like to thank the gentleman from Cali- East and adjacent territories. forward with its withdrawal plan in the fornia (Mr. LANTOS) and the gentle- So, Mr. Speaker, I believe our resolu- Gaza strip. Tragically, over the past 5 woman from Florida (Ms. ROS- tion is more than appropriate. decades its efforts were consistently LEHTINEN) for bringing forward this Mr. Speaker, I yield the balance of rebuffed by the Arafat-led Palestinian resolution. I particularly want to ac- my time to the gentleman from Mary- leadership. knowledge the gentleman from Cali- land (Mr. HOYER). Without question, there are great fornia (Mr. LANTOS) and his extraor- The SPEAKER pro tempore. The gen- challenges ahead, but the election of dinary leadership on human rights tleman from Maryland (Mr. HOYER) has President Abbas hopefully marks a new issues in this body and thank him for 11⁄2 minutes. day, a day in which the Palestinian his continued commitment in the Mid- Ms. ROS-LEHTINEN. Mr. Speaker, I leadership becomes a serious, com- dle East. I also want to thank the gen- yield 2 minutes to the gentleman from mitted partner, a partner for peace in tleman from Missouri (Mr. BLUNT) and Maryland (Mr. HOYER). the Middle East.

VerDate Aug 04 2004 02:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.017 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H297 I urge my colleagues to vote for this Mr. WEINER. Mr. Speaker, today the House Mr. Abbas has taken steps since his elec- resolution. I thank the gentleman from of Representatives voted to commend the Pal- tion to stop these groups, but these efforts California (Mr. LANTOS), a giant in the estinians for holding free elections on January must be continued and expanded to end the area of human rights and supporting 9, 2005. We should congratulate the countless terrorism that has killed and injured thousands democratic efforts throughout the Palestinians who participated nonviolently in of Israelis and Palestinian people. world, for his leadership, and I thank the historic event. Mr. Abbas’s election provides an excellent the gentlewoman from Florida (Ms. However, we must also hold the newly opportunity for the Palestinian Authority to ROS-LEHTINEN) for her unending ef- elected President and the entire Palestinian reign in these terrorist groups and for the Pal- forts, in concert with the rest of us, to Authority accountable for publicly rebuking and estinian people to move beyond this violence ensure that this Nation stands by bringing an end to terror and incitement. Until and work with Israel to create a lasting peace. Israel but stands with those in the Pal- violence has ended, the U.S. should withhold Mr. Speaker, I have traveled to Israel sev- estinian population who reach out for its funding. U.S. taxpayers should know that eral times and know that the Israeli Govern- peace and partnership and a better to- their money is being spent fighting terror, not ment and the Israeli people are ready and will- morrow for all of the people of that supporting it. ing to work with the Palestinians but have not troubled area of the world, and I thank During the last 4 years, the Palestinian Au- had a reliable partner to negotiate with in the the gentlewoman for yielding me the thority failed to halt more than 22,000 attacks past. Mr. Abbas has the opportunity to put the additional time. that killed over 1,030 Israelis. Yet, at the same Ms. ROS-LEHTINEN. Mr. Speaker, I time the United States gave more than $612 Palestinian Authority’s past failures behind him am proud to yield such time as he may million in aid to the West Bank and Gaza. and demonstrate to Israel and the United consume to the gentleman from Cali- That’s more U.S. aid to the Palestinians than States that he is dedicated to the peace proc- fornia (Mr. DREIER), the Chair of the in the previous 25 years combined. ess by stopping terrorism and fulfilling Pales- Committee on Rules, our good friend. Sadly, the recent elections have not pro- tinian commitments under the roadmap. (Mr. DREIER asked and was given duced a true disarming of the terrorists. In the Again, I strongly support this resolution and permission to revise and extend his re- 1 week following Abbas’ election, terror at- would like to congratulate Mr. Abbas on his marks.) tacks left 8 Israelis dead and prompted Israel’s January 9th election, and I am hopeful he will Mr. DREIER. Mr. Speaker, I rise in Prime Minister to express his outrage at the take this timely opportunity to work with Israel strong support of this resolution and new Palestinian leadership for ‘‘not lifting a fin- toward a peaceful resolution to the Israel-Pal- congratulate my colleague, the gentle- ger’’ to stop violent attacks. Just yesterday, estine conflict. Mr. ACKERMAN. Mr. Speaker, I rise today woman from Florida (Ms. ROS- the Jewish residents of Gush Katif were terror- in support of the resolution offered by the gen- LEHTINEN), and others who are in- ized by mortar fire and a 50 kilogram explo- volved, the gentleman from California sive device was uncovered by the Israeli army tleman from Missouri, Mr. BLUNT and the gen- tleman from Maryland, Mr. HOYER. On January (Mr. LANTOS), my friend. at a border crossing in the Gaza Strip. We want to extend, of course, con- For many, the continuing violence is no sur- 9, the world witnessed the peaceful expres- gratulations to the Palestinian people. prise given Abbas’ election campaign, in which sion of Palestinian national aspirations. By It is fascinating to see that this elec- he not only referred to Israel as ‘‘the Zionist holding the freest and fairest elections in the tion is all part of sort of a regional, enemy,’’ but said he would protect Palestinian Arab world, it is clear that the Palestinian peo- and really beyond the region’s, success terror groups that use rockets and other ple, like any people, want to choose their own as it moves towards political plu- means to attack innocent Israelis. Yesterday, destiny. I hope, we all hope, that the election of ralism, and we obviously have seen last Israeli intelligence chief Aharon Ze’evi con- Mahmoud Abbas as President of the Pales- Sunday the election in Iraq. We just firmed that ‘‘the preparations for terror acts tinian Authority opens a new chapter in the weeks ago saw, the day after Christ- continue’’ among senior Hezbollah and Hamas leaders. And last week, Hamas won 77 coun- pursuit of Middle East peace. But as history mas, the election take place in has taught us, hope in the Middle East can be cil seats in a landslide victory in Gaza munic- Ukraine, and we now have this free fleeting, and so our hope is accompanied by ipal elections. The terror group now controls 7 election with a new leader who offers trepidation. We hope that this election will out of the 10 councils in which elections were great hope for the prospect of peace. mark the beginning of a new relationship be- I also want to extend congratulations held. In the wake of the elections, Israeli min- tween Israelis and Palestinians, that this to Prime Minister Ariel Sharon, who I ister Natan Sharansky has unveiled a report change in Palestinian leadership will enable believe has shown strong leadership documenting Palestinian incitement ‘‘of virulent the Palestinian Authority to take the coura- and a willingness to try and bring hatred of Jews and Israel that mandates the geous steps required to achieve peace that about a resolution to this age-old chal- killing of Jews as a religious obligation.’’ we have long argued were necessary. We lenge of bringing peace to the region. These recent events deserve condemnation. I also want to congratulate President While the election of a Palestinian Prime Min- hope that the change in Palestinian govern- Bush, who has encouraged this process ister may be a rare experience, the historic ment will be recognized by Israel as an oppor- all along. Without getting so deeply in- event worth celebrating will be a true end to tunity to achieve for themselves the secure volved in a way that he could poten- Palestinian terror. Since Arafat was appointed Jewish, democratic state that has been their tially be seen as tampering with the chairman of the PLO in February 1969, more goal since independence. We hope that our own government sees the opportunity to again process, he has been a driving force at than 36 years of Palestinian terror have pick up the mantle of peacemaker, and sup- encouraging us to get to exactly where plagued Israelis and Palestinians alike. Vio- port both parties in the struggle to achieve the we are. lence has been the one constant, and the vision of two states, living side by side, in So this resolution is a very impor- United States should wait until Palestinian ter- peace, articulated by the President in his tant one, letting the world know that ror ends before commending or funding an ap- there is going to be strong, bipartisan speech 21⁄2 years ago. paratus of terror. But there is much work to be done. Presi- support, Democrats and Republicans Mr. GENE GREEN of Texas. Mr. Speaker, dent Abbas faces many challenges but first, alike, in the Congress for the encour- I would like to express my strong support of foremost and absolutely, he has to stop terror agement of this peace process, and we House Resolution 56. all hope and pray that this now lays January 9, 2005 marked a historic day for and the potential for its resumption. Without the groundwork for a potential resolu- the Palestinian people. This resolution com- this step all the other necessary reforms will tion. mends the Palestinian people for holding free be for naught. To achieve this President Mr. Speaker, I thank my friend for and open elections and congratulates Abbas must reform Palestinian security serv- yielding me the time. Mahmoud Abbas for being elected President ices; end incitement against Israel; and deliver Ms. ROS-LEHTINEN. Mr. Speaker, I of the Palestinian Authority. This resolution a government free of corruption and capable yield myself such time as I may con- also commends Israel for its role in facilitating of producing the economic growth and pros- sume. the election proceedings. perity the Palestinian people are entitled to ex- I have no further requests for time, These elections mark a historic accomplish- pect. The United States can, and should, help but I would like to take this oppor- ment for the people of Palestine and a great here. I am pleased that the supplemental that tunity to highlight and commend the opportunity for the Israel-Palestine peace we will consider in the coming weeks will have gentleman from Missouri (Mr. BLUNT), process to move forward. additional assistance for the Palestinian peo- our majority whip, the gentleman from The only way this can happen is for Mr. ple. Now is the time for U.S. leadership in Maryland (Mr. HOYER), the minority Abbas to act immediately to end terrorism by support of Abu Mazen’s efforts to fight terror, whip, and all of our leadership for their stopping the flow of money, equipment, and reform his security services, and eliminate cor- efforts on this resolution. recruits to Palestinian militant groups. ruption. In the coming weeks and months we

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K02FE7.020 H02PT1 H298 CONGRESSIONAL RECORD — HOUSE February 2, 2005 will have time to judge his efforts, but bearing Mr. HYDE. Mr. Speaker, there is a very racy and accountability to the Palestinian Au- in mind the potential for failure, now is the troubling development taking shape in the se- thority. time to act in pursuit of peace. curity policy of the European Union concerning Unfortunately, the Palestinian people suf- Mr. Speaker, I would be remiss if I did not arms sales to China. Briefly stated, the major fered greatly under the leadership of their pre- say a word commending Israel for facilitating European countries have already resumed vious President, Yasser Arafat. The Arafat re- the recent elections. Prime Minister Sharon arms sales to China and now propose to ter- gime was plagued by severe corruption, du- assured me, when I was in Jerusalem last No- minate altogether the long-standing embargo plicity, a lack of respect for freedom and vember that he would do everything possible on arms sales that they imposed in 1989 fol- human rights, and worst of all a senseless to ensure that Palestinians could vote, and he lowing the Tiananmen Square massacre. campaign of terrorism that imperiled Pales- did. That is the kind of leader he is, and he This is all part of a new ‘‘strategic partner- tinian efforts to build a state and make peace deserves our support and our trust. ship’’ which the European Union proclaimed at with Israel. Mr. Speaker, it is not yet a new day and we its summit meeting with China last December. With the election of President Abbas, I hope have not yet ‘‘turned the corner.’’ But I am cer- Also reflected in the communique´ for that the Palestinian people have embarked on a tain we will be condemned by future genera- meeting is European support for China’s mem- new path in a much more promising direction. tions if we do not do all we can to seize this bership in the Missile Technology Control Re- Already President Abbas has made state- moment and the opportunity it represents. I gime. The contrast with the policy of the ments condemning terrorism and deployed urge my colleagues to support this resolution United States Government could not be great- Palestinian patrols into the areas of Gaza that but more importantly to remember that in the er. Just a few days later, the Department of have been mounting mortar attacks against Israeli communities. He has also begun to coming months we will be asked to take addi- State once again imposed sanctions on sev- tamp down on anti-Israel and anti-Semitic in- tional risks for peace. We should take them. eral most prominent entities in China’s military citement in the official Palestinian media and Mrs. LOWEY. Mr. Speaker, I rise in support industrial complex for illicit sales to Iran. of this resolution, which commends the Pales- Recent public comments by European au- lay the groundwork to reduce tensions. The path ahead is difficult. President tinian people for holding free and fair elections thorities seek to downplay the significance of Abbas’s success will depend on his willing- on January 9. I know we all hope it will be the their new policy. They maintain that their arms ness and ability to dismantle the terrorist infra- end of the violence that has devastated so sales to China will not result in quantitative or structure of Hamas, Islamic Jihad, and other many families, and the beginning of the re- qualitative increases. But, this provides little groups. His consolidation of power in Gaza sumption of peaceful negotiations. assurance since the major EU member states will be essential for the Palestinian people to The State of Israel and many, many Pal- have already doubled their arms sales in the constructively take advantage of opportunity estinians want this. They want peace—to safe- one year period between 2002 and 2003 to created by Israel’s disengagement plan. But guard their children, to encourage economic $500 million. Indeed, there are no rose-col- he must follow a path charted with hope rather growth, to move towards the future with opti- ored glasses available that can soften the im- than hate, and democracy instead of dema- mism and a sense of purpose. The United pact of this dangerous course of action. goguery. States shares this hope, and must continue to The development of democracy in China The Roadmap for Peace set forth a vision of actively support these efforts. I commend would be the first casualty. Like the United two states living side by side in peace and se- President Bush for his involvement, and I States, the European Union imposed an arms curity that was indefinitely delayed because of hope he will remain steadfast. embargo on China in 1989 following the Arafat’s intransigence. Let us all hope that But we are not naive. We have been at Tiananmen Square massacre. While China’s these elections and President Abbas’s leader- such hopeful moments before. As President economic policies since then have provided ship will finally be a first step back in the right Bush said last summer, there are a number of the Chinese people with greater choices about direction. concrete actions the Palestinians must take consumer goods, the Communist Party re- Mr. FARR. Mr. Speaker, I rise today in before they can be viewed as legitimate part- mains firmly in power and permits few choices strong support of H. Res. 56, ‘‘Commending ners in the path to peace. about what can be said publicly in exercise of the Palestinian people for conducting a free Free elections are one step. But now newly personal liberty. A termination of the EU arms and fair presidential election on January 9, elected Palestinian Authority Chairman embargo would provide the Chinese leader- 2005.’’ Mahmoud Abbas must do more. He must dis- ship with an impressive propaganda coup and I find a quote from Harry Emerson Fosdick arm Palestinian terrorist groups—not just call demoralize the pro-democracy movement. appropriate for talking about the historic presi- on them to cease attacks on Israelis. Abbas Even more disturbing, European security dential elections in Palestine: ‘‘Democracy is must do the hard work of dismantling the ter- policy in this area appears to be on a collision based upon the conviction that there are ex- rorist organizations. He must control and con- course with our country’s extensive security in- traordinary possibilities in ordinary people.’’ solidate the security forces that often collabo- terests in the Asia-Pacific region. Our security Ordinary Palestinians took extraordinary steps rated with terror groups. He must push for true posture has been the decisive factor in ensur- on January 9th and voted for a presidential political and economic reform, and stop the ing regional stability and prosperity since the candidate; this was only the second time in rampant corruption. And finally, he must truly end of World War II. Our military planners and their history that Palestinians have had the op- engage Arab leaders in supporting true peace commanders are already confronting a sus- portunity to exercise the right to vote. All Pal- in the region. If he does all these things, if tained Chinese military buildup, which includes estinians must seize the opportunity to dedi- Abbas can demonstrate by his action that he China’s deployment of some 500 short range cate themselves to the advancement of peace is a serious, earnest partner in the pursuit of ballistic missiles across the Taiwan Strait and and prosperity. peace, then there is truly cause for hope. intercontinental missiles that can reach Amer- This historic window of opportunity begs for We have waited decades for a peace that ican shores. the dedication and commitment of all parties will safeguard Israel’s security, and will bring The statement we make in this Resolution is who desire peace in the Middle East. I urge about regional stability and prosperity. For twofold: First, that European policy should the new Secretary of State to be a fair and those who truly seek peace, who understand support the development of democracy in balanced broker in any future dialogue and to work tirelessly for a permanent peace. that there is no choice but peace to secure the China, not a military buildup, by maintaining Ms. ROS-LEHTINEN. Mr. Speaker, I future of the Middle East, the latest develop- the embargo and terminating current sales. yield back the balance of my time. ments are encouraging. Second, that European armament cooperation The SPEAKER pro tempore (Mr. The future of the Middle East—and the ulti- with China is fundamentally inconsistent not SIMPSON). The question is on the mo- mate security and safety of Israel—is at stake. only with our security interests in Asia, but tion offered by the gentlewoman from The United States will maintain its commit- also with transatlantic armament cooperation, Florida (Ms. ROS-LEHTINEN) that the ment to bringing the parties back to the nego- which we will be duty bound to examine in a House suspend the rules and agree to tiating table, but the ultimate choice of peace new context given the increased risks of diver- the resolution, H. Res. 56. is theirs to make. Chairman Abbas must not sion of sensitive U.S. military technology that The question was taken. squander the opportunity to bring peace and naturally arise from EU-Chinese arms co- The SPEAKER pro tempore. In the prosperity to his people. He must show his operation. opinion of the Chair, two-thirds of willingness to make the tough choices, and Mr. WAXMAN. Mr. Speaker, I rise in strong those present have voted in the affirm- take the risky path, that separate those who support of H. Res. 56 and join my colleagues ative. truly seek peace from those who do not. in congratulating President Mahmoud Abbas Mr. LANTOS. Mr. Speaker, on that I I urge unanimous adoption of this resolu- on his election and commending the Pales- demand the yeas and nays. tion.. tinian people on their effort to restore democ- The yeas and nays were ordered.

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.006 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H299 The SPEAKER pro tempore. Pursu- entry into the Missile Technology Control sure a stable, peaceful, and prosperous Asia ant to clause 8 of rule XX and the Regime (MTCR); and Pacific region; Chair’s prior announcement, further Whereas on December 20, 2004, the Govern- (3) deplores the recent increase in arms proceedings on this motion will be ment of the United States determined that sales by member states of the European seven entities of the People’s Republic of Union (EU) to the People’s Republic of China postponed. China, including several entities that play and the European Council’s decision to final- f major roles in China’s military-industrial ize work toward lifting its arms embargo on URGING THE EUROPEAN UNION TO complex, should be subject to sanctions China, actions that place European security under section 3 of the Iran Nonproliferation policy in direct conflict with United States MAINTAIN ITS ARMS EMBARGO Act of 2000, which provides for penalties on security interests and with the security in- ON THE PEOPLE’S REPUBLIC OF entities for the transfer to Iran of certain terests of United States friends and allies in CHINA controlled equipment and technology, re- the Asia and Pacific region; Mr. GALLEGLY. Mr. Speaker, I flecting a time span of more than a decade in (4) declares that such a development in Eu- move to suspend the rules and agree to which the United States Government has ropean security policy is inherently incon- made repeated determinations regarding the resolution (H. Res. 57) urging the sistent with the concept of mutual security Chinese firms engaged in illicit transactions interests that lies at the heart of United European Union to maintain its arms involving strategic technology; States laws for transatlantic defense co- embargo on the People’s Republic of Whereas on December 17, 2004, the Council operation at both the governmental and in- China. of the European Union ‘‘reaffirmed the polit- dustrial levels and would necessitate limita- The Clerk read as follows: ical will to continue to work towards lifting tions and constraints in these relationships H. RES. 57 the arms embargo’’ on the People’s Republic that would be unwelcome on both sides of of China and invited the next Presidency of Whereas the United States and the Euro- the Atlantic; the EU ‘‘to finalize the well-advanced work pean Union (EU) have maintained arms em- (5) requests the President in his forth- in order to allow for a decision’’; bargoes on the People’s Republic of China coming meetings with European leaders to Whereas the largest member states of the since 1989, following the decision of the Chi- urge that they reconsider this unwise course European Union—France, Germany, Italy, nese Government on June 4, 1989, to order an of action and, instead, work expeditiously to and the United Kingdom—have steadily in- close any gaps in the European Union’s arms unprovoked, brutal, and indiscriminate as- creased their arms sales to the People’s Re- sault on thousands of peaceful and unarmed embargo on the People’s Republic of China, public of China, such that from 2002 to 2003 in the national export control systems of EU demonstrators and onlookers in and around the value of reported arms sales to China Tiananmen Square by units of the People’s member states, and in the EU’s Code of Con- doubled to approximately $540,000,000, ac- duct on Arms Exports in order to prevent Liberation Army, which resulted in an un- cording to the most recent annual report, told number of deaths and several thousand any future sale of arms or related technology dated November 11, 2004, of the EU on its to China; and injuries; Code of Conduct on Arms Exports; Whereas the People’s Republic of China has (6) requests the President to inform Con- Whereas in order to assist member states gress of the outcome of his discussions with yet to acknowledge and make amends for the of the European Union to close the gap in de- European leaders on this subject and to keep 1989 massacre at Tiananmen Square and an fense capabilities with the United States and Congress fully and currently informed of all estimated 2,000 Chinese citizens remain in to enhance the interoperability of the armed developments in this regard. prison as a result of their participation in forces of such member states and United those peaceful demonstrations according to States Armed Forces, the United States has The SPEAKER pro tempore. Pursu- the Department of State’s Country Reports provided a framework in its laws, particu- ant to the rule, the gentleman from on Human Rights Practices for 2004; larly under the Arms Export Control Act and California (Mr. GALLEGLY) and the gen- Whereas the National Security Strategy of chapters 138 and 139 of title 10, United States tleman from California (Mr. LANTOS) the United States approved by President Code, in which the United States has pursued George W. Bush on September 17, 2002, con- each will control 20 minutes. a policy of expanded transatlantic armament The Chair recognizes the gentleman cludes that the People’s Republic of China and defense industry cooperation involving remains strongly committed to national one- increasingly sophisticated levels of sensitive from California (Mr. GALLEGLY). party rule by the Communist Party and is United States military technology, which be- GENERAL LEAVE not truly accountable to the needs and aspi- comes subject to increased risks of diversion Mr. GALLEGLY. Mr. Speaker, I ask rations of its citizens, while preventing the to the People’s Republic of China due to ar- unanimous consent that all Members Chinese people to think, assemble, and wor- maments cooperation between the EU and may have 5 legislative days within ship freely; China; which to revise and extend their re- Whereas for several years the People’s Re- Whereas despite the chronically low de- marks and include extraneous material public of China has also been engaged in an fense spending of member states of the Euro- extensive military buildup in its air, naval, pean Union, EU member states have decided on H. Res. 57, the resolution under con- land, and outer space systems, including the to develop, with the participation of the Peo- sideration. deployment of approximately 500 short range ple’s Republic of China, a new global radio The SPEAKER pro tempore. Is there ballistic missiles near the Taiwan Strait ac- navigational satellite system, known as objection to the request of the gen- cording to the Department of Defense’s Re- Galileo, at a cost of more than $3,000,000,000, tleman from California? port on the Military Power of the People’s which will have military applications, even There was no objection. Republic of China for Fiscal Year 2004; though such system purports to serve civil Mr. GALLEGLY. Mr. Speaker, I yield Whereas the military buildup by the Peo- applications already served by the United myself such time as I may consume. ple’s Republic of China and the strategic doc- States Global Positioning Satellite (GPS) Mr. Speaker, I rise in strong support trines and policies that underpin such a System; and of this resolution that was introduced buildup remain shrouded in secrecy and Whereas the United States has numerous yesterday by the gentleman from Illi- imply challenges for strategic deterrence be- national interests in the Asia and Pacific re- tween the United States and China, United gion, including the security of Japan, Tai- nois (Mr. HYDE), expressing the strong States Armed Forces deployed in the Asia wan, South Korea and other key areas, and concern of the House that the EU may and Pacific region, United States commit- United States Armed Forces which are de- lift its arms embargo directed at ments and interests related to the defense of ployed throughout the region could be jeop- China. numerous friends and allies in the region, ardized by the People’s Republic of China be- In his recent inaugural address, particularly Taiwan and Japan, and regional cause it is increasingly well-armed and may President Bush reaffirmed America’s stability more broadly; seek to settle long-standing territorial and commitment to democracy and free- Whereas the European Union and the Peo- political disputes in the region by the threat dom throughout the world. Yet, by ple’s Republic of China released a joint or use of military force: Now, therefore, be it statement on December 8, 2004, following Resolved, That the House of Representa- selling advanced weapons systems to their seventh summit meeting at The Hague tives— the People’s Republic of China, the EU in which the two sides recognized each other (1) reaffirms the United States arms em- is directly undermining the security of as ‘‘major strategic partners in the area of bargo on the People’s Republic of China and one of Asia’s most vibrant democ- disarmament and non-proliferation’’ and the related findings and statements of policy set racies, our close ally, Taiwan. EU confirmed its ‘‘political will to continue forth in title IX of the Foreign Relations Au- Over the last decade, Taiwan has to work towards lifting the EU arms embar- thorization Act, Fiscal Years 1990 and 1991 moved strongly in the direction of be- go against China’’; (Public Law 101–246); coming a full-fledged democracy, with Whereas the European Union and the Peo- (2) finds that policies by the United States ple’s Republic of China also released a joint and other countries which promote the de- free elections, a free press and respect declaration on non-proliferation and arms velopment of democracy in the People’s Re- for the rule of law. If the arms embargo control on December 8, 2004, at The Hague in public of China, and not the development of is lifted, the EU would be further tilt- which the EU stated its support for China’s Chinese military capabilities, will help as- ing the military equation against the

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.021 H02PT1 H300 CONGRESSIONAL RECORD — HOUSE February 2, 2005 people of Taiwan at the very time they main optimistic that tensions across Mr. Speaker, I urge all of my col- are embracing human rights and demo- the Taiwan Strait can be resolved leagues to support our resolution. cratic values. peacefully and that the United States Mr. Speaker, I reserve the balance of Furthermore, if our soldiers were will not be drawn into Taiwan-related my time. ever called upon to defend Taiwan, conflict. Mr. GALLEGLY. Mr. Speaker, I yield they could potentially be facing weap- Key policymakers in Beijing fully 4 minutes to the gentlewoman from ons systems manufactured by our own understand that military action Florida (Ms. ROS-LEHTINEN). European allies. This would be an in- against Taiwan would spark inter- Ms. ROS-LEHTINEN. Mr. Speaker, I tolerable development. national isolation, possible military thank the gentleman for yielding me Finally, the lifting of the arms em- conflict with the United States and a this time, and I rise as a proud cospon- bargo would also have other negative certain boycott of the much-prized 2008 sor of House Resolution 57 and ask my consequences. In the past, China has Olympics in Beijing. colleagues to render their strong sup- demonstrated its willingness to sell Taiwan’s leaders, for their part, fully port to this resolution. weapons to nations that cannot be understand that the increasing eco- It is unconscionable that the Euro- trusted with advanced military gear. nomic ties between Taiwan and the pean Union has decided to lift its arms This includes countries such as Iran mainland would be threatened by pro- embargo against the People’s Republic that support international terrorist vocative steps. of China, a regime that is a gross groups and countries such as Sudan, President Chen and Vice President human rights violator and a country of Burma and Zimbabwe that are among Lu in Taiwan fully understand that proliferation concern, given its assist- the world’s worst violators of human Taiwan must negotiate with the main- ance to terrorist states like Iran. rights. The last thing these countries land from a position of strength, which The arms embargo was implemented need is additional weapons. requires immediate approval by Tai- in response to the Chinese regime turn- Mr. Speaker, I urge my colleagues to wan’s legislature of a supplemental de- ing its tanks against peaceful dem- support this important measure. I also fense package. onstrators in Tiananmen Square on urge Secretary of State Rice and Presi- Despite these factors working in that fateful day of June 4, 1989. The dent Bush to raise this issue during favor of peace across the Taiwan PRC has yet to acknowledge or even their upcoming visit to Europe. Strait, it is possible that mainland make amends for this massacre. The Mr. Speaker, I reserve the balance of hard-liners might push for military ac- PRC harasses, intimidates, imprisons, my time. tion against Taiwan after the 2008 and tortures religious worshipers, Mr. LANTOS. Mr. Speaker, I yield human rights dissidents, and any who myself such time as I may consume. Olympics or that conflict in the Strait seek to exercise their fundamental I want to commend my good friend, may begin because of miscalculation freedoms and who oppose the repressive the gentleman from California (Mr. by either side. apparatus of the regime in Beijing. GALLEGLY), for his strong and powerful It is in this context that the Euro- For the EU to remove the ban and for statement. I particularly want to pean Union’s current deliberations on its largest members to steadily in- thank the gentleman from Illinois (Mr. lifting its arms embargo on China are crease their arms sales to the PRC is HYDE), the distinguished chairman of so outrageous. With enormous loss of the Committee on International Rela- human life, the United States liberated an affront to all of China’s victims, tions, my good friend, for leading us on the Nations of Europe during World particularly to the victims of this issue. War II, including France and Germany. Tiananmen Square. It also undermines Mr. Speaker, I just returned from a For the new generation of European global efforts to hold other human very substantive mission to North leaders to turn their backs on Amer- rights violators accountable for their Korea, China and Taiwan, where I met ican national security interests and deplorable practices. How can the EU’s with many of the key leaders of those consider opening up the floodgates of so-called human rights dialogue with countries. Mr. Speaker, our Nation’s weapons sales to the People’s Republic Iran or its discussions with Syria, for security interests in the Asia-Pacific of China shows that they have truly example, have any credibility when the region, including the national and eco- lost their moral compass. EU has given a pass to the PRC for this nomic security of our friends and allies Europe’s leaders have argued that massacre? in the Asia-Pacific area, were para- they will continue to restrict most It is critical we also look at the im- mount on my agenda. arms sales to Beijing, even if the ban is plications for U.S. policy priorities on While the Asia-Pacific region re- lifted. Mr. Speaker, I simply do not be- other issues. As the resolution before mains calm at the moment compared lieve this assertion. If there is money us articulates, the United States has to other parts of the world, this calm to be made in a troubled part of the significant security interests in the can be deceiving. The United States world through arms sales, key Euro- Asia and Pacific regions, including the has tens of thousands of troops de- pean arms manufacturers are the first security of Japan, Taiwan, South ployed in Asia, and their security is di- through the door to make that sale. Korea, and other critical areas. The EU rectly threatened by the shortsighted Mr. Speaker, the decision by the Eu- decision could alter this delicate stra- and greed-driven initiative emanating ropean Union is not final, and it is my tegic balance in this region. from Europe. This initiative, Mr. strong hope that President Bush and An even more daunting implication Speaker, is the European Union’s cur- our new Secretary of State Condoleeza is how the EU’s removal of the arms rent effort to lift its ban on arms sales Rice will make it a top priority to con- embargo on China could undermine to the People’s Republic of China. vince the European Union to reverse counterproliferation efforts. Chinese I, therefore, commend the gentleman this dangerous course. Sadly, the key entities have been sanctioned under from Illinois (Mr. HYDE), the chairman reason for the imposition of the arms U.S. law for transferring missile tech- of our full committee, for introducing embargo, China’s horrendous human nologies to Iran. Concurrently, Iran this important resolution and for mov- rights record, remains unchanged, has paraded its long-range Shahab-3 ing it forward so expeditiously. more than 15 years after the massacre missiles that could reach and threaten Mr. Speaker, it is frightening to con- at Tiananmen Square. U.S. allies in the Middle East and template that American Armed Forces American forces stationed in the re- may one day be deployed in the Taiwan b 1115 gion. Strait to defend the island nation for a Europe’s leaders must understand Yet the EU decides to facilitate Chi- possible invasion by mainland China, that there will be severe ramifications na’s military buildup by lifting its and if key leaders in Paris, Berlin and for the transatlantic relationship if arms embargo on the PRC. Within this Brussels have their way, our soldiers they fail to do what is right and just, if context, is the EU complicit in the may very well be facing the latest in they fail to respect internationally rec- threat posed by Iranian missiles tar- high-tech weaponry manufactured by ognized human rights and the national geting U.S. interests with Chinese our allies in Europe. security interests of their historic lib- technology? For that matter, how will Mr. Speaker, based upon my recent erator and their most important ally, the EU respond to Iran missile threats meetings in China and Taiwan, I re- the United States of America. when they reach European capitals,

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.022 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H301 thanks to Chinese technology? How Tiananmen Square massacre. Civilized weapons of mass destruction by the re- can the EU be taken seriously in its ef- governments were outraged at the bru- gime to unsafeguarded countries. forts to halt Iran’s pursuit of a nuclear tality of the Chinese regime and took a That idea was rejected by the Con- capability? course of action to ensure our weapons gress, and I may say in a bipartisan This is a matter of utmost urgency. would not be used to harm innocent way: President Bush, President Clin- The EU’s decision to lift the arms em- people in China, Tibet, East Turkistan, ton, President Bush all shared the bargo on the PRC can have grave reper- Inner Mongolia, and Taiwan. same view. But it was wrong, and it is cussions. It could trigger a domino ef- For a billion Chinese and Tibetans, still wrong. fect that could undermine our efforts freedom remains a dream deferred. The fact is that we did not use the le- to address and curtail threats across Journalists, activists, academics, verage, and everyone said economic re- multiple sectors. It will only serve to workers, and religious believers are form is going to lead to political re- emboldened oppressors and still persecuted and tortured. Beijing is form; this trade is going to enable the proliferators. We must stand together still harassing and arresting dissidents Chinese people to be freer. The fact is against such threats. and families of the Tiananmen victims. that has not worked. And the trade def- As the resolution underscores, this The most recent State Department icit, which we thought was giving us development in European security pol- ‘‘Country Report on Human Rights’’ leverage in 1989 of $2 billion, $2 billion, icy is inherently inconsistent within states that the Chinese Government’s this enormous amount of money we the concept of mutual security inter- ‘‘Human rights record remains poor, thought was going to give us leverage ests. Let us, through the overwhelming and the government continued to com- for human rights, improve trade rela- adoption of the resolution of the gen- mit numerous and serious abuses. tions, as well as stopping the prolifera- tleman from Illinois (Mr. HYDE), There was backsliding on key human tion of weapons of mass destruction, strongly urge European leaders to re- rights issues.’’ well, the trade deficit today, thanks to consider this unwise course of action. I The recent passing of Zhao Ziyang, this policy, is now $2 billion a week, ask my colleagues to render their the former Secretary General of China, not a year, a week. Over $2 billion a strong support for this resolution. reminds the world of the courage of the week. Mr. LANTOS. Mr. Speaker, I am de- heroes of Tiananmen. Zhao dared to re- The point I want to make in relation- lighted to yield such time as she may sist the Chinese Communist Party’s de- ship to the European Union, though, is consume to the gentlewoman from cision to crush the pro-democracy the following: for a long time over that California (Ms. PELOSI), the Demo- movement. And I remind my col- time the Chinese Government was very cratic leader who has long been our leagues that at the time he was the clever. They took advantage of the leader on policy with respect to China. chairman of the Chinese Communist U.S. because we welcomed them with Ms. PELOSI. Mr. Speaker, I thank Party. He very courageously, just open arms. Just flood our markets with the gentleman for yielding me this weeks before the massacre, made a your products, maintain your barriers time, my colleague from California, very crucial appeal to the students to to our products going into China, and and also for his distinguished service leave Tiananmen Square to prevent you have this. China has a huge trade and for bringing this to the floor today. bloodshed. surplus. And where did they spend that I am pleased to join our Republican With tears in his eyes and bullhorn in surplus? They spent it in Europe, and colleagues. It is one area where we can his hands, he apologized to them for they spent it in other parts of the work together to make the world freer, having come too late. His courage in world using economic leverage for a po- people freer, the world safer, and, hope- opposing military force resulted in his litical purpose: just exactly what they fully, trade fairer one of these days. dismissal from the government, his argued against when we wanted to do it Mr. Speaker, I rise in strong support name erased from Chinese history to improve human rights, to stop the of this resolution urging the European books, and almost 16 years under house proliferation of weapons of mass de- Union to maintain its arms embargo in arrest, until his recent death. The Chi- struction, and to improve the trade sit- the People’s Republic of China. I com- nese Government has tried to erase the uation. mend the Committee on International history of Tiananmen and Zhao’s leg- So it is no wonder the European Relations chairman, the gentleman acy, but the world will remember. Union does not have the kind of trade from Illinois (Mr. HYDE), and our rank- For all their power, the regime is deficit with China that we have, be- ing member, the gentleman from Cali- afraid of Zhao. They were afraid of him cause China buys from the European fornia (Mr. LANTOS), for bringing this in life; they are afraid of him in death. Union, or they did for at least long resolution to the floor. They are tre- But the more they try to suppress his enough to get them with the program. mendous leaders on behalf of human message and his courage, the stronger And what the program is is a giant eco- rights in China and, indeed, all over they make him. nomic power using its economic power the world. Today, we are once again calling on to suppress initiatives that make the Almost 16 years ago, the Chinese re- Beijing to release thousands of world safer, that make people freer, gime shocked the world as it unleashed Tiananmen activists held to this day and make trade fairer. its army on its own defenseless people and all the prisoners of conscience, So I applaud again the distinguished and crushed the peaceful pro-democ- whose only crime was to demand their gentlewoman from Florida for her re- racy movement in Tiananmen Square. basic human rights. marks and the leadership of the com- We know that the human rights situa- I commend the Bush administration mittee for their initiative in bringing tion in China has not significantly im- for reiterating its support of the U.S. this to the floor; and I would hope, I proved since the arms embargo was im- arms embargo. The European Union would hope that the Bush administra- posed. has showed leadership in fighting for tion’s statements will now be met with At the time of the Tiananmen Square human rights all over the world. Now firmness in dealing with the EU that massacre, it was seared into our con- is not the time for them to abandon this is important to us. Because the science. One of the most enduring im- those principles. trade embargo is there for a reason, ages of the 20th century was a picture I just would like to make this point, and now that it is lifted, if it is lifted, of a lone man standing before a long because I mentioned trade in the begin- the world will be a less safe place. line of military tanks. We remember ning. Since the time of the Tiananmen Mr. GALLEGLY. Mr. Speaker, I yield how millions of ordinary students, Square massacre, for many years we 2 minutes to the gentleman from Illi- workers, and citizens marched in have had debate on the floor as to nois (Mr. KIRK). peace; how they raised the goddess of whether we could use economic lever- Mr. KIRK. Mr. Speaker, I thank the democracy, an image of our own Statue age to improve the human rights situa- gentleman for yielding me this time. of Liberty; and how they quoted our tion in China; that we could use eco- Rarely in human history have so own Founding Fathers. nomic leverage to improve the per- many been armed by so few in a crass The United States and the European formance of the Chinese regime in re- and cynical pursuit of profit at the ex- Union imposed complementary arms gard to fairness and in trade with our pense of Asia’s peace. The word should embargoes as a direct response to the country and to stop the proliferation of go forth that the French President is

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.024 H02PT1 H302 CONGRESSIONAL RECORD — HOUSE February 2, 2005 determined to sell weapons that will be Union, in a move that can only be de- short- and long-term negative effects aimed at Japan and Korea and Taiwan scribed as reckless, is moving to lift its of the lifting of the arms embargo. Sta- and the Philippines and the men and ban on weapons sales. bility in Asia is all too important to women of the United States military. EU states are even today selling dismiss for the sake of short-term prof- These weapons will be built in France China so-called nonlethal technologies its for European arms dealers. and pointed directly at the people who that enhance its offensive capabilities. I thank the chairman for bringing serve in the United States Navy. Advanced radar systems sold to China, this important resolution to the floor In lifting the arms embargo against for example, allow its military to bet- in such a timely manner. I particularly China, Europe will be making an enor- ter target U.S. warships and aircraft. thank the gentleman from California mous mistake. Europe’s short-term For this reason, I introduced in the (Mr. GALLEGLY) for doing this, and I concern with the corporate bottom line defense authorization bill last year a urge my colleagues to support the reso- will lead to greater conflict and in- provision to prohibit the Defense De- lution. creased peril for Americans serving in partment from buying weapons from Mr. GALLEGLY. Mr. Speaker, I yield uniform. Since 1989, China has been al- foreign companies that sell weapons to myself the balance of my time. most cut off from European tech- the People’s Republic of China. My I would like to close by thanking the nology, and China’s leaders have re- measure, which passed the House, also gentleman from California (Mr. LAN- sponded by a cooperative foreign policy would have made it U.S. policy to deny TOS) and those on the other side of the designed to lift this embargo so they China defense technology that could aisle for their strong support for this can arm to the teeth as the rising threaten the U.S. or destabilize the important issue. I ask all of my col- power of Asia to challenge the other Western Pacific region. leagues to join in strong bipartisan powers, all democracies on her periph- Unfortunately, this provision was support of this critical resolution, H. ery. dropped in conference as a result of Res. 57. If you are pro-U.S. Navy, you should Senate objections. But we are here Mr. TANCREDO. Mr. Speaker, I rise today be against this. If you are pro-Japa- again today discussing this vitally im- in support of House Resolution 57. nese, you should be against this. If you portant issue. Mr. Speaker, while I support passage of this are pro-Indian, you should be against I strongly encourage the EU to place resolution, I am disappointed that events re- this. Because these European weapons international security and human quire us to debate it today. How any European will be directed at each of these democ- rights ahead of any monetary benefits leader could seriously contemplate the notion racies. from selling weapons to China, and I of arms sales to the regime in Beijing is, frank- urge passage of this resolution. ly, a mystery to me. b 1130 Mr. GALLEGLY. Mr. Speaker, I yield Beijing’s abysmal human rights record has This is a very short-term decision for 2 minutes to the gentleman from Ohio scarcely improved since the massacre at a very few profits, and it is Jacques (Mr. CHABOT). Tiananmen Square that prompted the EU to Chirac that is doing this. That will cre- Mr. CHABOT. Mr. Speaker, I thank institute the embargo in the first place. The ate greater insecurity in Asia, lay the the gentleman for yielding me this communist authorities in China continue to de- seeds for a conflict, and maybe the time. tain hundreds upon thousands of political pris- death of Americans caused by French Mr. Speaker, I rise in strong support oners. Torture remains widespread and sys- weapons sold for short-term profits. of this resolution. The European Union temic. Political freedom is nonexistent, as are Mr. LANTOS. Mr. Speaker, I yield imposed a ban on arms sales to the the right to worship freely and the rule of law. myself such time as I may consume. People’s Republic of China following The flow of information is rigidly controlled by I just want to make a comment the Tiananmen Square Massacre back government authorities and there is no inde- about my good friend’s observations. in 1989. In recent months it has become pendent media or judiciary. He is absolutely correct. This greed- apparent that European nations, seeing And the Chinese regime has shown no driven policy by a Europe which was an opportunity to profit from China’s signs of changing course. They have twice liberated in the 20th century by large-scale military modernization pro- backpedaled on promises of democratic re- the United States, a policy which, by gram, may well be prepared to lift that form in Hong Kong and routinely threaten the the way, this past year, in 2004, re- embargo in the near future, and I be- peaceful democratic nation of Taiwan with sulted in over a half a billion dollars of lieve that would be a terrible mistake. military force. And these threats have only be- military sales already to China, with In a November 30, 2004, letter to the come louder and more belligerent in the years again the French leading the way. The President of the European Union, 25 since the imposition of the embargo. In fact, degree of cynicism, the degree of greed Members of this body who opposed the the Chinese have become so bellicose and displayed by some European leaders lifting of the arms embargo stressed bold in their threats to ‘‘crush’’ Taiwan’s self- turns one’s stomach. that such a decision would alter the determination that they no longer make any I strongly urge all of my colleagues current fragile military balance across secret of their buildup—some 500 and count- to vote for our resolution. the Taiwan Straits. It would rapidly ing—of missiles pointed directly at Taiwan. Mr. Speaker, we have no additional tip the balance in the PRC’s favor. In So we must ask why? Why would any free- requests for time, and we yield back the last year alone, China has added dom loving European nation entertain the idea the balance of our time. more than 100 missiles to its arsenal, of selling weapons to a regime like the one Mr. GALLEGLY. Mr. Speaker, I yield bringing to more than 600 the number currently ruling on the Chinese mainland? 2 minutes to the gentleman from Indi- pointed directly across the Taiwan How could any nation that calls itself a friend ana (Mr. HOSTETTLER). Straits at Taiwan. of the United States seriously consider selling (Mr. HOSTETTLER asked and was The EU’s imminent decision to lift weapons to a regime whose stated goal is to given permission to revise and extend the arms embargo would further iso- annex, by force, Taiwan—a democratic ally of his remarks.) late that island nation and endanger the United States? Perhaps most importantly, Mr. HOSTETTLER. Mr. Speaker, I its sovereignty and the safety of its why would any European country sell weap- thank the gentleman for yielding me citizens. ons to the People’s Liberation Army knowing this time. A lifting of the European arms em- that someday U.S. servicemen could be drawn Mr. Speaker, I rise to wholeheartedly bargo and further modernization of into a conflict in the Taiwan straits? support this common-sense resolution. China’s army would also create new Does the EU honestly believe it is in the The U.S. and European Union, as we dangers for the United States and its best interests of the trans-Atlantic alliance to have heard, established arms embar- Asian allies. If we were ever to be create a possible situation that could pit U.S. goes against the People’s Republic of called upon, and I hope this never hap- soldiers and sailors against Chinese soldiers China following the June, 1989, pens, but if we were ever called upon to wielding European weapons? Haven’t enough Tiananmen Square Massacre. intervene in an Asian military crisis, U.S. soldiers been killed by European weap- The U.S embargo continues today in the lives of our servicemen and women ons in the last two World Wars? The Euro- light of the widespread human rights would be increasingly endangered. pean Union member nations should think very abuses that continue under the Com- Mr. Speaker, our European neighbors seriously about that last question before they munist regime. But the European need to think long and hard about the decide to lift this embargo.

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K02FE7.026 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H303 Ms. JACKSON-LEE of Texas. Mr. Speaker, of these weapons is acceptable, and to this someday threaten our allies in the Asia-Pacific I rise to support H. Res. 57, which urges the point the whole world must stand up and say region. It was only recently that a Chinese European Union to maintain its arms embargo that it is not. I will continue to support in- submarine was detected circling our island. I on the People’s Republic of China. While I creased relations with China because it is a urge the leaders of Europe to look beyond have been a supporter of increasing trade and key nation in the world, but I will forever their own self-interest and consider the cause diplomatic relations with China, I am not near- refuse to turn a blind eye to weapons pro- of freedom in making their decision concerning ly as comfortable with the idea of lifting the liferation that threatens the security of all na- the arms embargo. arms embargo. I am also disturbed by reports tions. To this end, I ask my colleagues to vote in that China has sold weapons to Iraq that bol- Ms. SOLIS. Mr. Speaker, I rise today in sup- favor of House Resolution 57, to urge the Eu- stered the regime of Saddam Hussein and are port of H. Res. 57, expressing the Sense of ropean Union to maintain its arms embargo on now being used by insurgents who have got- the U.S. House of Representatives that the the People’s Republic of China. ten a hold of the regime’s weapons stockpiles. European Union should not lift its embargo on Mr. GALLEGLY. Mr. Speaker, I yield China needs to take a giant step back in its the sale of arms to China. back the balance of my time. weapons proliferation in order to become a After the 1989 Tiananmen Square Massacre The SPEAKER pro tempore (Mr. valuable ally instead of the menacing figure it the European Union imposed a ban on arm SIMPSON). The question is on the mo- often portrays. sales to China. I support this embargo, as I tion offered by the gentleman from Again, I want to reiterate that while I have believe it helps ensure peace in the region California (Mr. GALLEGLY) that the many concerns about the Chinese govern- and deters China from the use of arms against House suspend the rules and agree to ment, I have long recognized that trade with Taiwan. In the world we live in we should the resolution, H. Res. 57. China has value for Americans and the people strive to ensure peace, liberty and democracy. The question was taken. of China, which is why I voted in favor of Per- I feel strongly that the European Union’s lifting The SPEAKER pro tempore. In the manent Normal Trade Relations (PNTR) with of the arms embargo would be detrimental to opinion of the Chair, two-thirds of China. My record on trade measures since the fragile peace that we are striving to main- those present have voted in the affirm- coming to Congress demonstrates my willing- tain, and I am proud to join my colleagues in ative. ness to evaluate each vote on its own merits, support of the embargo. Mr. LANTOS. Mr. Speaker, on that I as long as worker and environmental rights Ms. BORDALLO. I would like to thank demand the yeas and nays. are protected. In addition, I have voted for Chairman HYDE, Ranking Member LANTOS, The yeas and nays were ordered. most-favored-nation status for China, while I Congresswoman ROS-LEHTINEN, and Con- The SPEAKER pro tempore. Pursu- have continued to raise my voice against the gressman MCCOTTER for initiating this resolu- ant to clause 8 of rule XX and the ‘‘undemocratic’’ ways of China. Unlike during tion urging the European Union to maintain its Chair’s prior announcement, further the Cold War, we have unparalleled opportuni- arms embargo on the People’s Republic of proceedings on this motion will be ties to bring the people of China and America China. I rise today to give my strong support postponed. much closer together. Trade is one way to ac- to this resolution. The arms embargo we are f complish this, however my desire to bring our discussing today was placed on the People’s two nations together is overshadowed today Republic of China in response to the mas- RELATING TO FREE ELECTION IN by my concerns about China’s role in the sacre at the Tiananmen Square on June 4, IRAQ HELD ON JANUARY 30, 2005 world, especially in the form of weapons pro- 1989. That singular event succinctly dem- Ms. ROS-LEHTINEN. Mr. Speaker, liferation. onstrated the oppression of those who suffer pursuant to the previous order of the China’s weapons exports remain the most under a closed society like the PRC. They suf- House, I call up the resolution (H. Res. serious proliferation threat in the world. Since fered on that fateful day at the hands of a bru- 60) relating to the free election in Iraq 1980, China has supplied billions of dollars tal suppression. I urge our European friends to held on January 30, 2005, and ask for its worth of nuclear weapon, chemical weapon uphold their principled stand against arms immediate consideration in the House. and missile technology to South Asia, South sales as they opposed arming Eastern Ger- The Clerk read the title of the resolu- Africa, South America and the Middle East. It many and the Soviet Union during the Cold tion. has done so despite U.S. protests, and de- War. At that time it was the safety of Europe The text of House Resolution 60 is as spite repeated promises to stop. The exports that hung in the balance. Now it is the peace follows: are still going on, and while they do, they and stability of the Asia-Pacific region that is H. RES. 60 make it impossible for the United States and at stake. its allies to halt the spread of weapons of Whereas in April 2003, United States The gathering of students and peaceful pro- Armed Forces and other Coalition forces lib- mass destruction. I am especially shocked by testers at Tiananmen Square that summer erated the people of Iraq from the dictatorial the role of China in supplying Iraq with weap- represented a value we in this country hold regime of Saddam Hussein; ons, including chemical weapons that were dear: the right to freely assemble. If you be- Whereas at the end of June 2004, an Interim used against the Kurdish people by the Sad- lieve in that freedom, then don’t lift the embar- Government of Iraq assumed sovereign au- dam Hussein regime. Now many of those go. Let us remember the graphic image of the thority over Iraq; same weapons have fallen into the hands of lone protester stopping a line of People’s Lib- Whereas the Interim Government of Iraq insurgents who are targeting our military per- eration Army tanks on a Beijing highway. How called an election for January 30, 2005, to sonnel. China must cease and desist imme- elect a Transitional National Assembly, will the governments of Europe explain that which will choose Iraq’s Transitional Presi- diately from interfering in Iraq and bring itself the next time this occurs the People’s Libera- dency Council, approve Iraq’s other national into the international circle of non-proliferation tion Army could be using French or German leaders, serve as a transitional legislature, efforts. tanks to quell a protest for democracy? and draft a permanent Iraqi Constitution to I urge the European Union not to lift its One member of the PRC government recog- be submitted to a referendum; Arms Embargo against China, because doing nized the plight of the Chinese people on that Whereas tens of thousands of Iraqis signed so at this time will send the wrong signal. Re- fateful day and had the courage to admit that petitions nominating thousands of can- lations between the United States and China the brutal suppression was a shameful trag- didates for seats in the Transitional Na- are a long term effort, one which cannot be edy. General Secretary Zhao Ziyang was then tional Assembly under rules prescribed by the Independent Electoral Commission of handled with a singular approach. I stand for stripped of power and placed under house ar- Iraq; trade and diplomatic relations with China be- rest until his recent passing. It is forbidden to Whereas thousands of Iraqis served as poll cause this increases our person to person discuss his heroism in China, but here on the workers or observers; contacts that can only serve to create friendly floor of Congress we can be candid because Whereas a terrorist insurgency used mur- relationships. However, lifting the Arms Em- we enjoy the right to free speech that the peo- der and intimidation in a desperate but ulti- bargo at this time will give the signal that pro- ple of China do not. In his memory, I urge the mately fruitless attempt to prevent the peo- liferation of these weapons is acceptable, and good nations of Europe to recognize that the ple of Iraq from exercising their right to it is not. Lifting the Arms Embargo will also work begun by the protesters at Tiananmen is choose their own leaders; Whereas despite the efforts of Coalition signal that a bad human rights record is ac- not done. forces and Iraqi security forces, a regret- ceptable, and likewise it is not. Lifting the I admit that I have personal interest in keep- tably large number of Iraqi election workers, Arms Embargo against China will also signal ing the arms embargo in place. The People’s political party volunteers, security officials, to other nations who seek to gain access to Republic of China has had a history of aggres- candidates, and ordinary citizens attempting weapons of mass destruction that proliferation sive military acquisition. These forces may to participate in the political process or who

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.010 H02PT1 H304 CONGRESSIONAL RECORD — HOUSE February 2, 2005 were merely innocent bystanders were vic- which to revise and extend their re- pand those efforts, as they will surely timized by the insurgency, with some indi- marks on H. Res. 60. ensure a prosperous future for their viduals having been killed while attempting The SPEAKER pro tempore. Is there people and a more secure and stable to vote; objection to the request of the gentle- world for us all. Whereas millions of Iraqis nevertheless ex- ercised their right to vote, despite threats woman from Florida? Let us congratulate and commend and actual violence directed against them; There was no objection. the courageous Iraqis for defying the Whereas Coalition forces, in cooperation Ms. ROS-LEHTINEN. Mr. Speaker, I terrorists in going to the polls in huge with Iraqi security forces, continue to pro- yield myself such time as I may con- numbers. Let us honor the brave men vide security for the people of Iraq; and sume. and women of our Armed Forces and Whereas a representative democracy is Mr. Speaker, I rise in support of this all Iraqi security forces, officials and more than a way to settle disputes but, most important resolution relating to the innocent civilians who have given their importantly, ascribes intrinsic value to free elections held in Iraq on Sunday, lives so that all Iraqis were given the every human being: Now, therefore, be it Resolved, That the House of Representa- January 30. I commend the leadership opportunity to exercise a valuable, tives— for bringing this important measure to cherished freedom. (1) congratulates the people of Iraq, in par- the floor at this time. As the great communicator, former ticular those individuals who participated in This past Sunday, freedom permeated President Ronald Reagan, said on Jan- the political process as voters, poll workers, from all corners of Iraq. Iraqis cele- uary 20, 1981, ‘‘No weapon in the arse- observers, party workers, or candidates for brated their vote. They reveled in it nals of the world is so formidable as the Transitional National Assembly, for hav- and embraced it. They clearly dem- the will and moral courage of free men ing taken part in the historic and inspiring onstrated to the terrorists and to the and women.’’ This was clearly evident Iraqi election of January 30, 2005; world the power of the human spirit. in Iraq this past Sunday. (2) expresses its thanks to the Interim Gov- I urge my colleagues on both sides of ernment of Iraq and the Independent Elec- They showed the indomitable will of a toral Commission of Iraq, Iraqi and Coalition free people anxious to exercise their the aisle to overwhelmingly support security forces, and the civilian United rights as human beings and citizens. this resolution. States and international partners of the We witnessed women in this Arab na- Mr. Speaker, I reserve the balance of Government of Iraq for their tenacious ef- tion taking their place as free individ- my time. Mr. LANTOS. Mr. Speaker, I yield forts to create the conditions in which a free uals alongside men, their voices and myself such time as I may consume. election could be held; their votes given equal weight. (3) expresses its condolences to the fami- Mr. Speaker, I rise in strong support The Kurdish people, who have been lies of those Iraqis who perished while at- of this resolution. I first want to com- the victims of unspeakable human tempting to exercise their right to choose mend the bipartisan leadership of this rights violations under Saddam Hus- their government or while protecting Iraqis body for bringing this resolution to the who were doing so; sein’s evil regime, at long last voted to floor. (4) congratulates the candidates who were take their well-earned, equal, respected Mr. Speaker, the votes are still being elected to Iraq’s Transitional National As- place in a new Iraq. Both Shias and sembly which will be, when it is formed, the counted in Iraq, but it is already clear Sunnis, through the ballot box, were that democracy has won. The people of newest democratically-elected legislature in afforded an equal opportunity to exer- the world; Iraq have cast their ballots in favor of (5) offers its continued support to the peo- cise their rights and a role in their fu- freedom, including the right to choose ple and political institutions of Iraq, includ- ture government. their own leaders and their own fate. ing the Iraqi Transitional National Assem- Some naysayers have focused on per- We should not be surprised. We have bly, as they deal with the consequences of centages and what ethnic group voted seen people choose freedom over tyr- decades of misrule by the former regime of more than others. I, however, will al- anny repeatedly during the past 15 Saddam Hussein; ways remember the images of the years in country after country. But (6) expresses its gratitude to the United young and old Iraqis, of men and Iraqis voted in unprecedented cir- States Armed Forces for their ongoing val- women of all backgrounds, proudly cumstances, literally risking life and iant service to their country and commit- showing their ink-stained fingers, ment to the highest ideals and traditions of limb merely to exercise the privilege the people of the United States; while hugging and waving to American that most of us take for granted and (7) expresses its gratitude to the families of soldiers in a show of gratitude. many of us do not even exercise. Their United States Armed Forces personnel, espe- I have never been prouder to have courage inspires us, reinvigorating our cially the families of those who have lost been an American and know that we own love for democracy and testifying loved ones in Operation Iraqi Freedom, and have and will continue to contribute to to the power of freedom’s call. to Armed Forces personnel wounded in the make these images of hope possible. It Mr. Speaker, I would like to have service of their country, for their sacrifices; is a testament to the power of freedom been a fly on the wall of those in power (8) reaffirms that— that as we commemorated the libera- (A) United States Armed Forces in Iraq throughout the Arab world who will remain under the full authority, direc- tion of Auschwitz we finished that watched the televised spectacle of tion, and control of their United States com- same week with elections in a country Iraqis freely choosing their own lead- manders; and previously shackled with decades of ers. We do not know yet who will lead (B) United States Armed Forces will pos- tyranny. the new Iraqi government, but we sess all necessary authority to fulfill their It is a victory for those of us who be- know that that government will be the mission in Iraq effectively and to provide for lieve that people throughout the Mid- sole representative of democracy in the their operational safety; dle East are not just ready but enthusi- halls of the Arab league. And we know (9) urges the people of the United States astic for democracy. It is a victory for and other countries to celebrate this latest that increasing numbers of Arab citi- step in the restoration of freedom to the peo- the principle that human rights are zens in other Arab countries are al- ple of Iraq; and universal and not gifts bestowed to a ready asking why their governments, (10) reaffirms that the world is safer when select few. with very limited exceptions, are cho- democracy replaces tyranny. However, our work is by no means sen and perpetuated only at gunpoint. The SPEAKER pro tempore. Pursu- complete. From Iran to Libya, from The evident success of the election ant to the order of the House of Tues- Saudi Arabia to Syria and beyond, should boost the self-confidence of all day, February 1, 2005, the gentlewoman much of the Middle East remains en- concerned. Iraqis themselves organized from Florida (Ms. ROS-LEHTINEN) and gulfed in oppression under the iron grip the campaign and election. They mon- the gentleman from California (Mr. of dictatorships. Only by securing a de- itored the vote, they secured the poll- LANTOS) each will control 30 minutes. cisive shift towards democracy across ing places, and now they are counting The Chair recognizes the gentle- the region can the misery endured by the ballots. woman from Florida (Ms. ROS- the people of the Middle East be re- U.S. forces wisely situated them- LEHTINEN). lieved. selves beyond the horizon of the polling GENERAL LEAVE Simultaneously, we must encourage places, but no one should lose sight of Ms. ROS-LEHTINEN. Mr. Speaker, I those governments and populations in the fact that it was American and coa- ask unanimous consent that all Mem- the region who have heeded the call for lition soldiers who made this day pos- bers may have 5 legislative days within political and economic reform to ex- sible because of their performance on

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.015 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H305 election day and for many days and Mr. LINCOLN DIAZ-BALART of hearts of all who love freedom. My fa- weeks before. Florida. I thank the distinguished gen- vorite was that of a woman holding up b 1145 tlewoman for yielding me this time. the victory sign accentuated by the Mr. Speaker, I rise in strong support blue ink on her finger indicating that Mr. Speaker, we must pay special of this resolution brought forth by our she had voted. That victory sign stands tribute today to the bravery shown by majority leader and others commemo- for victory over dictatorship, for vic- our fighting men and women, to the rating, celebrating the extraordinarily tory over terror, victory for democ- commitment shown by our civilian per- historic accomplishment of the Iraqi racy, victory for freedom. sonnel in Iraq and to the dedication people last Sunday. There have also been some state- and sacrifice shown by their families. I As our majority leader stated in a ments from voters showing what they am proud that this resolution does just meeting where we were able to hear think of their newfound freedoms. One that. him speak just a few minutes ago, what voter remarked, ‘‘I moved to mark my We also acknowledge with respect we saw, what the world saw in Iraq on finger with ink. I dipped it deep as if I those who have been wounded in the Sunday was more than an accomplish- was poking the eyes of all the world’s prosecution of this war, and we remem- ment. It was a miracle. But it was a tyrants.’’ ber with the deepest sadness those who miracle made possible by the leader- The Iraqi people have spoken with a made the ultimate sacrifice. Not the least of the gratifying devel- ship of President Bush and the Armed loud voice, and once again freedom is opments on Sunday was the excellent Forces of the United States and the co- on the march. This is thanks to the manner in which the Iraqi armed forces alition that have stood firmly for the dedication not only of the people of acquitted themselves. We need to pay security of a people who were oppressed Iraq but certainly for all the service special tribute to General David for decades and who made it known to and the sacrifice of our brave men and Petraeus for his extraordinary work in the entire world last Sunday that those women in the armed services. training Iraq’s military forces. thugs who seek to cloak themselves in So I do find it amazing that some on Mr. Speaker, I believe Sunday’s elec- some sort of sector of Islamist thought the other side of the aisle and through- tion is an important milestone in the are nothing but a bunch of gangsters, out our Nation are calling for a quick democratic development not only of thugs and gangsters who seek to in- pullout of our troops from Iraq. We all Iraq but the entire Middle East. But it timidate through violence and through want our troops to come home, and is also another battle won in the fight terror. they will, as soon as their mission is against the antidemocratic terrorists So the world was able to see on Sun- accomplished, as soon as it is com- who opposed the election and continue day the gangsters and the thugs for pleted. They will not leave early and their pernicious struggle. The impres- what they are, a pathetic group dedi- allow dictatorship and repression to re- sive voter turnout, perhaps most im- cated to terror and intimidation. The turn to fill the vacuum left by their de- pressive in the Sunni areas where anti- world has seen and was able to see, by parture. democratic intimidation was the most the courage of the millions and mil- Many of these advocates of an early intense, is the surest sign that Iraqis as lions of Iraqis who, despite the threat withdrawal were also in opposition to a whole are embracing the legitimacy to their own lives, stood in line and the President Ronald Reagan when he of their new government and their new lines refused to be broken. As our ma- stood strong for freedom against Soviet security forces. jority leader stated so eloquently in communism. These same detractors But we must be realistic, Mr. Speak- the meeting that we had, as I stated say that we should not overhype the er. Democracy entails far more than a before, earlier today, the lines refused election in Iraq. In 1989, were they say- day at the polls. The major challenges to break even when the bombs came ing that we should not overhype the are still ahead for Iraq. Can Iraqis en- and the attacks came and the injured fall of the Berlin Wall? Tell that to the sure that all segments of their nation were taken to hospitals and the dead people of the former East Germany have the opportunity to be heard? Will were mourned. Yet the lines remained who now live in freedom, tell it to the they produce a fair and workable con- to demonstrate to the world that the people of Poland, tell it to the people stitution leading to a durable democ- Iraqi people not only seek but appre- of the Czech Republic, tell it to the racy? Will they learn the art of com- ciate and will stand for their freedom people of Hungary, or to the people of promise that will be essential to their and that the gangsters and the thugs the Ukraine, all of whom live in free- success? Will they be moderate or will are simply pathetic believers in vio- dom because of the steadfast deter- they dig in their heels on the difficult lence. mination of the American people to issues such as the role of religion or I am a firm believer in the Bush doc- spread liberty. the disposition of the contested city of trine. All people want to be free and all The flag of freedom has been raised Kirkuk? people deserve to be free. There are a high in Iraq, and we cannot and must Building democracy in the Middle handful of tyrannies in the world. not leave Iraq before freedom and de- East will require immense patience. It Their day will soon come, also. mocracy take root. Because, just as in surely is a multigenerational project. Just 90 miles from the shores of the Europe, the idea of freedom will reso- Even building democracy in just one United States there is a tyrant who for nate throughout the Middle East. nation, especially one with a com- 46 years has oppressed a people, also Let freedom ring. plicated society such as Iraq’s, is a through the same gangster tactics that Ms. ROS-LEHTINEN. Mr. Speaker, I long-term challenge. But for today, Mr. these thugs in the Middle East use. Un- yield such time as he may consume to Speaker, let us recognize that the Iraqi fortunately, he has all the weapons, the gentleman from California (Mr. people have just taken a first but vi- and his people are unarmed. His day ROYCE), a member of the Committee on tally important step towards meeting will soon come as well. International Relations. that challenge, and let us affirm that This is a great day for history, for Mr. ROYCE. I thank the gentle- they merit the admiration of all free peace that we are celebrating today woman for yielding me this time. peoples across the globe. And last, but with this resolution by the gentleman Mr. Speaker, I rise in strong support hardly least, let us take pride in Amer- from Texas (Mr. DELAY). That is why I of this resolution celebrating the free ica’s enormous contribution towards so strongly support it. elections held in Iraq this past week- true Iraqi self-determination. Ms. ROS-LEHTINEN. Mr. Speaker, I end. I think it is important that the Mr. Speaker, I urge all of my col- am so proud to yield 2 minutes to the world watched as millions of Iraqis de- leagues to support this resolution. gentlewoman from Michigan (Mrs. MIL- fied the edict of Zarkawi and other ter- Mr. Speaker, I reserve the balance of LER). rorist leaders, defied their edict not to my time. Mrs. MILLER of Michigan. I thank participate and went forward to cast Ms. ROS-LEHTINEN. Mr. Speaker, I the gentlewoman for yielding me this what for most was the first meaningful am very proud to yield 3 minutes to time. vote in their lives. the gentleman from Florida (Mr. LIN- Mr. Speaker, there have been so Thousands of Iraqis served as poll COLN DIAZ-BALART), the vice chair of many images that have come out of the workers. There were thousands of ob- the Committee on Rules. election in Iraq that have warmed the servers, as this resolution notes. The

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.030 H02PT1 H306 CONGRESSIONAL RECORD — HOUSE February 2, 2005 turnout exceeded all expectations. that to the United States presidential violence and threats, millions of Iraqis Iraqis of all backgrounds celebrated election just this November of a 60.7 made it clear that they want the future this milestone in the history of their percent voter turnout. Yet no one was of their own country decided by the country, but I believe it was a mile- threatened to be killed. That was the ballot, not by the bomb or the bullet. stone for the Middle East and a mile- highest turnout in the United States of Their willingness to risk their lives to stone for the world. Tyrants and dic- America in 38 years. Indeed, in my vote is compelling evidence of the tators would have people believe that home county in Savannah, Georgia, depth of their aspiration for self-deter- democracy is a charade. Tell that to Chatham County had a turnout of a mination. Their courage commands our the Iraqis celebrating in the streets mere 48 percent 2 years ago when we admiration and our respect. throughout Iraq. They rejected Saddam elected the Governor of Georgia. The bravery of our military per- Hussein in a way that they had not had b 1200 sonnel cannot be praised highly an opportunity to before, and they ac- enough. Without their selflessness in So for them under these cir- tually rejected him with an excla- the face of great danger, the election cumstances to have a 60 percent voter mation point in this election. What we could not have been held. Every Amer- turnout, it is phenomenal; but it is also saw was yet more evidence that the ican is inspired by their courage, their a huge statement on how badly people yearning to shape the political life of patriotism, and the sacrifice they are want freedom, how badly they want to one’s community and one’s nation is willing to make for our country. throw off the shackles of oppression, universal. Freedom truly is a human Iraqis have demonstrated their desire and how they value the opportunity to to take responsibility for their coun- aspiration. vote. Voting, as we have heard, is a step. The U.S. Marines said that watching try’s future. Our effort now should be The ballots have not yet been counted. voters go to the polls was a spectacular to use the momentum created by the A constitution needs to be drafted. De- and a wonderful payoff of the mag- election to help them realize that goal. mocracy, if it is going to work, must nitude of the well-visualized photo of Iraq needs to be made more secure. Let respect the interests of minorities. their knocking down Saddam Hussein’s us intensify our efforts to train the Otherwise, it is the tyranny of the ma- statue 2 years ago in Baghdad. And the Iraqi Army that can provide that secu- jority. people who died, the 43 lives who are no rity. The sooner we transfer the re- In general, everyone wants their own longer with us, they should all be re- sponsibility for security of Iraq over to rights respected. The challenge is to membered along with the other heroes the Iraqis, the better. get people to respect the next person’s who made the day possible. We owe Iraq’s future depends on improve- rights. Kurdish rights must be pro- them a debt of gratitude. ments to its economic infrastructure. tected, Sunni rights must be respected, It took the United States of America Let us accelerate the reconstruction ef- and the rights of the Iraqi down the 7 years to fight the Revolutionary War forts that have lagged so badly and street must be respected. As President to win its independence from Britain, give Iraqis a larger stake in having Bush has told the American people, and then it was not until 1789 that we those efforts succeed. this will be a long struggle. Iraq is very threw out the Articles of Confederation Iraq’s political future depends on the difficult terrain. and wrote our own Constitution. And involvement of all Iraqis in the polit- The stars of last weekend clearly yet we fought a Civil War since then ical process. Let us redouble our diplo- were the Iraqi people. They put their and we have had lots of struggles and matic efforts with Iraq’s neighbors to lives on the line for a better future. lot of amendments to our Constitution. help create an environment in which Some were killed. But, make no mis- Indeed, over 200 years later, we are still Iraq includes those who have thus far take about it, there was a key sup- fighting and working on this experi- felt excluded. porting cast. Our Nation owes a debt of ment that we call democracy, rep- We know that Sunday’s election was gratitude to the many members of our resentative democracy. but a step on the road to a stable and Armed Forces, our diplomats and other What the world needs to do right now secure Iraq. The American people, who Americans in Iraq who are also risking is to support Iraq in this endeavor. It is have sacrificed so much for Iraq, are their lives and in some cases sacri- time for folks around the globe to say owed a clear explanation by the Presi- ficing their lives to help Iraqis and also this did serve as a referendum and a dent of his plan to end our presence in Americans. statement; now let us reach out and do Iraq and of the standards by which We have a strong national interest in what we can to help Iraq become inde- they can judge that plan. I hope that seeing Iraq become a success. If this pendent. we will hear that plan tonight in the happens, when the history of this era Mr. LANTOS. Mr. Speaker, I yield President’s State of the Union address. in Iraq is written, these men and such time as she may consume to the In congratulating the Iraqi people on women will be widely revered. gentlewoman from California (Ms. their achievement, we also need to ac- Ms. ROS-LEHTINEN. Mr. Speaker, I PELOSI); but before turning the micro- knowledge that the election should sig- yield 3 minutes to the gentleman from phone over to her, let me just say she nal the beginning of a change in our re- Georgia (Mr. KINGSTON). has devoted her life to expanding the lationship with Iraq. Mr. KINGSTON. I thank the gentle- arena of freedom and democracy Mr. LANTOS. Mr. Speaker, I yield 21⁄2 woman for yielding me this time. throughout the globe, and we are proud minutes to the gentlewoman from Cali- Mr. Speaker, insurgents in Iraq this to have her represent us as our leader fornia (Ms. WOOLSEY). weekend had vowed to wash the streets in this body. (Ms. WOOLSEY asked and was given in blood. Yet, despite all their threats Ms. PELOSI. Mr. Speaker, I thank permission to revise and extend her re- of people who were going to get killed the ranking member for his very gen- marks.) and places that were going to be erous remarks and commend him in Ms. WOOLSEY. Mr. Speaker, I thank bombed, and indeed 43 people were turn for his leadership and the deter- the gentleman from California (Mr. killed, despite all that, voters turned mination and dedication that he has LANTOS) for yielding me this time. out, of course, in record numbers be- given to human rights throughout the Mr. Speaker, on Sunday Iraq held cause the election itself was a record. world and freedom throughout the democratic elections to nominate leg- One voter said on Sunday that each world. Having just visited Auschwitz islators to write Iraq’s constitution, vote was a bullet in the heart of the and having his own personal sad experi- and I want to congratulate the coura- enemy. We are defeating the terrorists ence in the deprivation of freedom, he geous Iraqi people who voted in the in coming here, he said proudly, as he is an inspiration to all of us. I hope election. My congressional district, dipped his finger in the famous purple that the trip was not too painful for Marin and Sonoma Counties, north of ink. This was done in over 30,000 poll- the gentleman from California (Mr. San Francisco, across the Golden Gate ing places. And now the votes are being LANTOS), but again his courage and his Bridge, had an 891⁄2 percent voter turn- counted. determination are a lesson to all of us, out in the United States the last elec- When we look at the turnout, nearly and I thank him. tion, 891⁄2. Believe me, we know the im- 60 percent, we are not really sure what Mr. Speaker, Sunday was a historic portance that elections play in our de- the turnout officially is, but compare day for the people of Iraq. In the face of mocracy.

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.033 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H307 And now with Iraq’s elections com- But it is because we have had such In the District of Columbia, lives were pleted, we in the United States must great victories and opportunities that lost for the vote in Iraq. But these resi- ensure that the people of Iraq control more than ever before we must be deep- dents are the progeny of 2 centuries of their own affairs as Iraq transitions to- ly humble and remind ourselves that District residents who have gone to wards democracy. In fact, Sunday’s we are only briefly the temporary war without a vote. Three of these election gives the United States yet stewards of this God-given greatest Na- young men who were on the frontlines another opportunity to get back on tion in the history of humankind. And in Iraq came to the House as the House course in Iraq. We can do this by sup- we only have a short time to fulfill our opened and asked for the same vote for porting the Iraqi people, not through privileged and sacred mission of mak- their families and for the residents of our military but through international ing America such a beacon of liberty the District of Columbia as their serv- cooperation to help rebuild Iraq’s eco- that the light of freedom will some day ice has given to the people of Iraq. nomic and physical infrastructure. fall across the faces of every person on They asked to start with the Com- There are four components to my plan this planet. mittee of the Whole where we had the on how to do this. H. Con. Res. 35, Last Sunday tells me, Mr. Speaker, right to vote but the right was taken which is co-sponsored by over two that this is the generation who lives in from us when the majority changed. dozen other Members of the House, this the window of time where we can firm- Listen to one of the young men: plan secures Iraq for the future. It en- ly set the world on that course. This is ‘‘Two of my friends and I earlier this sures that America’s role in Iraq gives freedom’s day, and we must seize it month asked for the return of the Iraq back to the Iraqis and actually while we can. And while I do not often House vote of the Committee of the makes America safer. quote Shakespeare, he said, ‘‘There is a Whole our city won during the 103rd First, we need to develop and imple- tide in the affairs of men, which taken Congress . . . Think of what American ment a plan to begin the immediate at the flood, leads on to fortune; omit- leaders and citizens would say if one withdrawal of U.S. troops from Iraq. ted’’ or delayed, ‘‘all the voyage of party were to nullify the legitimate Second, we must develop and imple- their lives is bound in shallows and in vote of another party after the elec- ment a plan for the reconstruction of miseries. On such a full sea, we now tions in Iraq.’’ Iraq’s civil and economic infrastruc- find ourselves afloat, and we must take They asked to see the Speaker; the ture. Third, we need to convene an the current when it serves or lose our gentlewoman from California (Ms. emergency meeting of Iraq’s leadership ventures.’’ PELOSI), leader of the Democrats. She and the international community to Mr. Speaker, as we take this current saw him. The Speaker and a member of replace U.S. military forces in Iraq to freedom, let us remember that the his staff were unable to see him. Sen- with an international peacekeeping best leverage to maintain freedom’s ator LIEBERMAN and I have reintro- force and Iraqi police and national march in the world is to make sure duced the No Taxation Without Rep- guard forces. Finally, we need to take that its foundations are secure beneath resentation Act. all steps to provide that the Iraqi peo- freedom’s home; and then, Mr. Speak- b 1215 ple receive the opportunity they de- er, let us take this tide of freedom as it serve to control their own internal af- Let me leave you with the words, fi- serves so that one day all generations fairs. nally, of one of these young men. will bask in this glorious sunlight of In conclusion, I wholeheartedly sa- ‘‘I was prepared in Iraq for whatever lute the Iraqi people for their courage liberty just as it has now begun to came, including service in a border in participating in last Sunday’s elec- dawn on the people of Iraq. breach squad charged with clearing Mr. LANTOS. Mr. Speaker, I yield 31⁄2 tions. But if we are to succeed in Iraq, mines and anything else that got in the minutes to the distinguished gentle- we must utilize this moment as a way to prepare the first troops to cross woman from the District of Columbia means to bring our troops home and a the border. That was my duty and I (Ms. NORTON). means to return power to the Iraqi peo- would do it again. However, our coun- Ms. NORTON. Mr. Speaker, I thank ple. try also has an important obligation to Ms. ROS-LEHTINEN. Mr. Speaker, I the gentleman for yielding me this those who serve and to other citizens. yield 3 minutes to the gentleman from time, and I thank him for always One of the most important obligations standing first and foremost for human Arizona (Mr. FRANKS). is to ensure every citizen that his rep- Mr. FRANKS of Arizona. Mr. Speak- rights here and around the world. I am resentative will have a chance to vote er, only a few months ago, for the first not surprised that he would come for- before that citizen goes to war for his time in history, ballot boxes were com- ward with the gentleman from Texas country.’’ ing in from remote places like Khyber (Mr. DELAY) with this well-deserved The third young man: ‘‘My father Pass in Afghanistan on the backs of and important resolution. served in the 101st Airborne in Vietnam mules. What a great time it is to live Mr. Speaker, there is nothing more and I am proud to follow him by serv- in this world. gratifying to the American people than ing my country in the same manner. I And last Sunday we saw free elec- seeing people vote, and especially peo- want equal treatment at home. I want tions in a nation whose people have ple vote for the first time. I feel what the same voting representation in the been crushed and oppressed since the is happening in Iraq with great and House and Senate as other soldiers and days their country was called Babylon. moving nostalgia because it reminds as the Iraqi people have in their elec- We saw young men carrying old men to me of the first African Americans who tions this month.’’ the polls. We saw one gentleman whose voted after the Civil War. It reminds Out of the mouths of young residents leg had been blown off by a terrorist me that this is the 40th anniversary of of the District of Columbia who are on bomb who said, I will crawl to vote if the Voting Rights Act of 1965 and what the frontline. I will insert their state- that is what it takes. And one of Sad- it meant for people in Alabama and ments and a statement concerning dam Hussein’s former generals said, Georgia to come to the polls for the their service from the Washington Post When I voted today, it felt so good in- first time. There is unanimous ap- in the RECORD. side, like I was free. plause for the people of Iraq who risked STATEMENT OF EMORY KOSH Mr. Speaker, the United States of their lives to come to the polls. They First, my thanks to Congresswoman Nor- America has been a leader in freedom, did not just vote. Many of them knew ton and Senator Lieberman for re-intro- and we have now had the privilege of they were risking life and limb to vote. ducing the No Taxation Without Representa- becoming the unipolar superpower of They know, however, and we know tion Act. I also want to thank Mr. Shallal the entire world. No nation on Earth where the risk was greatest, and that for his moving words addressed to men and can actually challenge us in military, risk was greatest on the Armed Forces women like me who served in Iraq and to economic, or technological terms; and of the United States and their allies D.C. residents. During the year I spent in truly every nation sees America now as who made this right possible. Iraq, I met and spoke with many Iraqi citi- Mr. Speaker, I come forward to say zens, but Mr. Shallal is the first Iraqi Amer- the flagship of humanity. This Nation ican I have met. His words have special now possesses a greater opportunity to that no people in our country more ap- meaning to me and I thank him. promote freedom in the world than we preciate that vote on January 30 than When I watch television and see people in have had since the Republic began. the people in the District of Columbia. Iraq and here in the United States preparing

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.035 H02PT1 H308 CONGRESSIONAL RECORD — HOUSE February 2, 2005 to vote in the Iraq elections for voting rep- of the District of Columbia where I was born back at this election, this event, as a resentation, I think of my time in their and raised. I am a graduate of Ballou High turning point in the history of their country. I am proud that I had some role in School and will soon graduate from Norfolk nation and as a victory for freedom State University. I was at the University the voting rights Iraqis will get there on over tyranny, for democracy over des- Sunday. For that reason, I deeply appreciate when I was called to duty. I am back at Nor- that Mr. Shallal has come not only to thank folk State to resume the year and a half I potism. us, but to join us in the fight for the same lost while on active duty. I will obtain my After toiling under the boot of Sad- voting representation here in the Nation’s B.A. in sociology with a concentration in dam Hussein for decades and weath- capital. Criminal Justice. ering a vicious terrorist insurgency Two of my friends and I earlier this month However, I could be called again this year, over the last 2 years, the Iraqi people asked for the return of the House vote in the but being called to active duty is what every said no, no to intimidation, and yes to soldier in the Reserves expects could happen. Committee of the Whole our city won during the most basic democratic right, the the 103rd Congress that was taken from us We also expect equal treatment and the Army tries hard to see that all soldiers are right to vote. when control of the Congress changed hands. Sunday’s election, Mr. Speaker, in Think of what American leaders and citizens treated equally. However, I want equal treat- would say if one party were to nullify the le- ment at home as well. I want the same vot- which millions of Iraqis cast ballots, is gitimate vote of another party after the elec- ing representation in the House and the Sen- a stunning repudiation of those who de- tions in Iraq. Our vote in the Committee of ate as other soldiers and as the Iraq people spise freedom and democracy. Zarkawi, the Whole represented the first step toward will have in their elections this month. that criminal leader of terrorist activ- the goal of D.C. residents as expressed in the Today I ask that Congress make a good start ity and insurgency in Iraq, said it accu- by returning to me and other citizens of the No Taxation Without Representation Act. District of Columbia the vote in the Com- rately for the terrorists: They despise We didn’t intend to stop there when we mittee of the Whole we once had. This step democracy. They despise freedom. asked that this first step be taken, and we would make me as proud as I will be to see They fear the decisions of free people. won’t stop now. We will work with the Con- the Iraqi people go to the polls on January gresswoman, the Senator, Mr. Shallal and That is why they tried to intimidate 30th. our fellow citizens until the full voting the Iraqi people. rights we fought for in Iraq are also avail- Having lived under the totalitarian [From an article in the Washington Post on able here in our hometown. Saddam Hussein regime all these years, the denial of Congressional voting rights to D.C. residents] however, the Iraqi people know that REMARKS OF ISAAC LEWIS the insurgents offer nothing but fur- Scanning the distant horizons looking for Congresswoman Norton, Mayor Williams people craving democracy. ther repression and violence. and fellow Americans, thank you for recog- Last Friday, Mr. Speaker, I had the Ms. ROS-LEHTINEN. Mr. Speaker, I nizing us today. I was born and raised in the privilege of visiting the out-of-country ask unanimous consent that the gen- District of Columbia and have always wanted voting station in New Carrollton, tleman from Oklahoma (Mr. COLE) be to be in the military and when I graduated Maryland, and watched as many of permitted to manage the balance of the from Dunbar High School, I joined the Army these Iraqis Diaspora cast their votes Reserves. As a volunteer soldier I was pre- time. freely for the first time in their lives. pared for the interruption of my education The SPEAKER pro tempore (Mr. The joy and pride on their faces and in at Morehouse, or as it turned out at Bowie SIMPSON). Is there objection to the re- their hearts had to move everyone with State where I was in college when I was quest of the gentlewoman from Flor- whom they spoke. It was a moving mo- called up. I had to withdraw in the middle of ida? the semester and the loss of that time will There was no objection. ment, it was an historic moment, and delay for a year and a half the possibility of it was a poignant reminder to all of us law school for me. Yet my service in the Mr. LANTOS. Mr. Speaker, I am pleased and proud to yield the balance that our rights, while God-given, must military has helped me meet my dream of a never be taken for granted; a reminder college education and I am proud to serve of our time to the distinguished gen- that the cost of protecting those free- my country. tleman from Maryland (Mr. HOYER), I was prepared in Iraq for whatever came, the democratic whip, who has been a doms is sometimes high, and we must including service in a border breach squad leader in the field of expanding the honor those with the courage and com- charged with clearing mines and anything arena of freedom globally. mitment even for others across the sea else that got in the way to prepare the first Mr. HOYER. Mr. Speaker, I thank to protect those rights in the realiza- troops to cross the border. That was my duty the gentleman for yielding me this tion that democracies and free people and I would do my duty again. However, our are safer for us here at home than the country also has an important obligation to time. I would like to acknowledge the gen- tyrannies that have prevailed in his- those who serve and to other citizens. One of tory. the most important obligations is to assure tleman from Oklahoma (Mr. COLE) and every citizen that his representative will his leadership. We had the opportunity Without question, Mr. Speaker, there have a chance to vote before that citizen to travel recently to Iraq, to Amman, are difficult days ahead. The truly hard goes to war for his country. My buddies and and to Israel. Both Israel and Iraq have work that remains in establishing a I from the 299th did not have the benefit of now passed through two very historic viable, stable democracy that is capa- that vote. I come to the Congress today to elections. I had the opportunity of ble of maintaining internal order in ask for that vote before we are deployed speaking about the Palestinian elec- Iraq is not finished by far. But today, again. Congress can return the vote in Com- tion just recently. today at least, Mr. Speaker, let us cele- mittee of the Whole that the District won brate the courage of the Iraqi people fair and square in the 103rd Congress. Al- Despite the fact, Mr. Speaker, that though this would not be the full vote other we have differences over our Nation’s and express our gratitude and pride in Americans have and that the Iraqis soon will military action in Iraq, I supported the the bravery of our Armed Forces, our have, I understand that this vote would be effort and will support the funding to men and women in uniform who made the maximum the House of Representatives accomplish the objectives. But I have that day possible. can give at this time. The maximum is what made valid criticisms, as others have, Mr. LANTOS. Mr. Speaker, before my buddies and I are pledged to give. We be- of the administration’s administration yielding back our time, may I just re- lieve that voting representation is not too or execution of the policy. However, mind all of my colleagues and all of the much to ask in return. Mr. Speaker, I believe that all of us are American people that we have been de- REMARKS OF MARCUS GRAY united today, hopefully, in saluting the bating three important policy resolu- Congresswoman Norton, Mayor Williams courageous Iraqi people who turned out tions with a degree of bipartisan unity and fellow citizens, thank you for honoring to vote on Sunday. I know that every that should fill us with pride and joy in us here today. I am grateful to be back home Member of the body commends the the recognition of the fact that, despite in the District of Columbia where I was born bravery and sacrifice of our men and all the commentary of deep divisions in and raised after almost a year in Iraq with this body, we stood together, Repub- the 299th Engineering Company out of Fort women in uniform whose patriotism Belvoir, VA. My father served in the 101st and professionalism made this impor- licans and Democrats, supporting the Airborne in Vietnam and I am proud to fol- tant day possible. same resolutions and the same policies. low him by serving my country in the same We must hope that 50 years from now Mr. Speaker, I yield back the balance manner. I am equally proud to be a resident a future generation of Iraqis can look of my time.

VerDate Aug 04 2004 05:37 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.023 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H309 Mr. COLE of Oklahoma. Mr. Speaker, ica’s foreign policy: that mankind is woke up Sunday morning and got into I yield the balance of our time to the made more secure when tyranny is re- line. gentleman from Texas (Mr. DELAY), placed by democracy. That is the story Some people still do not get it. They the distinguished Majority Leader and of the American revolution against the still do not understand Concord and the original sponsor of this important old world, Western Europe’s liberation Lexington or Gettysburg or Bastogne resolution. from Nazism, Eastern Europe and Cen- or the Cold War, or even Flight 93. Mr. DELAY. Mr. Speaker, I appre- tral America’s liberation from com- b 1230 ciate the gentleman yielding me this munism and despotism, and the Middle time. East’s liberation from terrorism. The They do not understand why those I just want to say the comments by victory of human freedom over human lines in Iraq never broke or that every the gentleman from California (Mr. oppression, of good over evil, Mr. man and woman who ever lived, fought, LANTOS) are well taken; and it is be- Speaker, is why we are here. or died for freedom was standing in cause of his work, and particularly his Last Sunday morning, the people of that line with them. They still do not work to hold us together and work to- Iraq showed the world that humanity’s know why we fight. gether on these issues, that that kind will to freedom knows no borders. Last weekend that Iraqi woman in of bipartisan support for these resolu- When I first saw the news Sunday and the photograph knew. After a lifetime tion happens. So I commend the gen- saw an image of a woman in Najaf of oppression she voted in humble defi- tleman and thank him very much for exiting her polling place alive and well ance of evil, and then she broke down his work and his willingness to work with tears streaming down her proud, crying. And in those tears she is shed- with us. smiling face, I thought to myself, now, ding along with the anguish of how Mr. Speaker, I yield to the gentleman this, this is what Operation Iraqi Free- many friends and children lost and how from Texas (Mr. BURGESS) who came to dom was all about. But I was wrong. many wars and prisons are the hopes the floor because he just returned from Sunday’s election, Sunday’s miracle of and dreams of all God’s children who Iraq a couple of weeks ago and he has democracy, was about more than that. still yearn to be free. some very important things to say. I thought about the image of the el- Sunday’s elections in Iraq were not Mr. BURGESS. Mr. Speaker, I thank derly man in a wheelchair in Basra an accomplishment; they were a mir- the Majority Leader for yielding. who, in his long years, saw revolution acle, a miracle made possible by the re- Mr. Speaker, two Sunday mornings I silience of a liberated Iraq, the mercy was in Baghdad inside the Green Zone, and war, tyranny and terror and, fi- nally, with a joy only possible in a man of a loving God, and the moral courage an idyllic morning in the cradle of civ- of this Nation under God to stare evil ilization, if you will. But we had a who had known such pain, cast the first ballot of his life. in the face and make the devil blink. wide-ranging discussion with Prime Eight million brave Iraqis struck ter- Minister Allawi about what lay ahead I thought of the image of the little girl with a ribbon in her hair, holding rorism a lethal blow on Sunday, replac- for Iraq. ing tyranny with democracy, and in The Prime Minister said that what her mother’s hand as hundreds of doing so they made America and the matters most is the kind of Iraq that women in traditional hijab dress wait- world safer, for which it is altogether we have at the end of this process. His ed in line. Now, this little girl was not fitting and proper that we commend feeling was that Iraq had its roots in quite sure what was happening, only and thank them. ancient civilization. He now relished that the women knew it was impor- Despite the continued threat rep- the opportunity for Iraq to spread the tant. resented by terrorists and terrorism cause of democracy and liberty to I thought of the image of the voters and despite the threat of disgraceful other areas of the Middle East, which in Baghdad who ducked for cover as partisan rhetoric coming from many on will make the cost and the risk of lib- their polling place came under fire, yet erating Iraq worthwhile. Terrorism whose lines never broke. There were the other side, Sunday’s miracle in will continue after the elections be- bullets and bombs and mortar shells, Iraq shows that the dead who died to cause there will always be those who yet their lines never broke. free that nation have not died in vain resist stability, but it will become These voters in Baghdad, not sol- and that even in the darkest recesses of more and more difficult to unravel the diers, but shopkeepers and home- violent oppression, all who would live community. makers, knew when they left for the in peace and liberty have yet reason to The Prime Minister became fairly polls in the morning that they might hope. philosophical and said he had spent the not come home. They knew that they Mr. TOM DAVIS of Virginia. Mr.Speaker, I best part of his life fighting for free- were targeted, that their spouses would rise today to join my colleagues in offering my dom for his country, and now that free- be, could be widowed and their children warm congratulations to the Iraqi people for dom lay at the doorstep. He would not orphaned. Yet the lines never broke. A the successful elections they held on January allow those individuals, meaning the humble defiance of evil. 30, 2005. Sunnis, to distract the process. He And that is when it hit me, Mr. It is truly amazing to see the Iraqi people stated that if they cannot participate Speaker. Just as on Sunday all free take their first steps toward democracy. To now, there will be a space open for men and women were Iraqis and on see a people who were once slaughtered and them to participate in the future. Sunday the Iraqis were all free men tormented under a brutal dictatorship take a To quote the Prime Minister, ‘‘We and women. Sunday’s elections are not stand and declare that enough is enough, don’t want the radical forces to win just why we invaded Iraq. They were shows their unwavering determination in de- now, nor do we want the outside forces why we stormed Omaha Beach and ciding their own fate by the ballot instead of from Syria or Iran to take over. I am a took the Normandy cliffs. They are the bullet. practical person. The Sunnis are why we held Little Round Top and Despite the predictions of widespread ter- changing. The process is slow, but our braved Valley Forge. rorist attacks on election day in Iraq, 60 per- only hope for everyone is to engage in The lines that formed in Iraq on Sun- cent of the registered voters turned out. More- the process and distance ourselves from day stretch not only around the world over, the physical courage of the Iraqi people the terrorists. February 1 begins the but back in time to the moment when to leave their houses, walk to the polls and next chapter in our country’s history.’’ 13 British colonies declared their inde- cast ballots under this specter of violence From the Prime Minister Dr. Allawi. pendence. For the first time, at that speaks to the power of democracy and their Mr. DELAY. Mr. Speaker, reclaiming moment, a nation declared itself en- passion for freedom. my time, I appreciate the gentleman dowed with an inalienable right to lib- Sometimes in America, we take the right to from Texas entering the Prime Min- erty, and in 228 years since, no nation, vote for granted. No one who watched the ister of Iraq’s remarks into the no nation, no people ever offered a moving images of Iraqi men and women RECORD. I think it is very appropriate chance at freedom refused it. proudly showing their purple-stained fingers to do at this time, particularly on this Against all odds and it seemed at will ever make that mistake again. resolution. times even against all hope, the Iraqi It is also important to pay homage to the Mr. Speaker, the central point of this people, over 8 million of them, all thousands of brave American soldiers, some resolution is the central point of Amer- marked by death by the terrorists, of who lost their lives, who held the line. Let

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K02FE7.039 H02PT1 H310 CONGRESSIONAL RECORD — HOUSE February 2, 2005 us not forget the bold sacrifices these coura- It is, rather, the embodiment of a larger, H. RES. 59 geous men and women made to liberate the much more important notion: the notion that Resolved, That upon the adoption of this Iraqi people. It is all of our hopes that this every individual is worthwhile; that every indi- resolution it shall be in order to consider in election marks the beginning of a new chapter vidual, by virtue of his or her humanity, is wor- the House the concurrent resolution (H. Con. Res. 36) expressing the continued support of for the Iraqi people, one in which they enjoy thy of consideration and respect. Congress for equal access of military recruit- the sweet taste of the fruits of freedom, de- What an important notion. How that notion ers to institutions of higher education. The mocracy and sovereignty. is disregarded and abused in so many places concurrent resolution shall be considered as Mr. Speaker, in closing I would like to com- in the world—sometimes even here at home. read. The previous question shall be consid- mend the sponsors and leadership for bringing Where was that notion ignored more sys- ered as ordered on the concurrent resolution this important resolution to the floor and I urge tematically than in Saddam’s brutalized Iraq? and preamble to final adoption without in- an ‘‘aye’’ vote. The Iraq of terror, of mass graves, of mothers tervening motion or demand for division of and children killed by poison gas and rotting the question except: (1) one hour of debate on Ms. JACKSON-LEE of Texas. Mr. Speaker, the concurrent resolution equally divided I join my colleagues in offering strong support where they dropped to the ground? and controlled by the chairman and ranking for H. Res. 60, commending the free election Yet less than 2 years later, the Iraqi people, minority member of the Committee on held in Iraq last Sunday, January 30, 2005. under the protection of an American-led Coali- Armed Services; and (2) one motion to re- This historic event marked progress, hope, tion and their own nascent security forces, commit. and enthusiasm for the future of democracy in have turned out in defiance of threats and, in The SPEAKER pro tempore. The gen- the Arab region. some cases, even in the face of explosions tleman from Oklahoma (Mr. COLE) is Iraq held free elections for the first time in and gunfire, to cast ballots. recognized for 1 hour. about 50 years. Millions of voters cast their When they did so, they affirmed that, as in- Mr. COLE of Oklahoma. Mr. Speaker, ballots, and the death toll for the day was dividuals, they were anyone’s equal; they for the purpose of debate only, I yield 45—lower than usual since the United States were, in essence, demanding respect from the customary 30 minutes to the gen- occupied the region. those who would govern them. And by joining tleman from Massachusetts (Mr. I applaud this administration for the suc- together in public, each with their one vote, MCGOVERN), pending which I yield my- cessful free elections held on Sunday under they were affirming their willingness to respect self such time as I may consume. Dur- its auspices. An election with a turnout of their neighbors and permit each of them an ing consideration of this resolution, all nearly 60 percent is very encouraging for the equal share of power. time yielded is for the purpose of de- Arab region. However, the fact remains that Mr. Speaker, as has been said repeatedly, bate only. American troops have remained in occupation this is but one step in a long road. The elec- Mr. Speaker, on Tuesday the Com- for 2 years, and the death toll continues to tion was not perfect. Elections never are. And mittee on Rules met and granted a rule rise; therefore, we must proceed with caution. yet, this election may turn out to be a strategic for House Concurrent Resolution 36, ex- The positive momentum that has come from a victory for freedom for Iraq and for its region. pressing congressional support for successful election must be used as an oppor- It will, I hope prove impossible to persuade equal access of military recruiters to tunity to stop the bloodshed and the expendi- people who have understood and exercised institutions of higher education. ture of tax dollars on this effort. I hope that the their rights to surrender them willingly. We The rule provides for 1 hour of gen- administration will use the positive momentum should have confidence that the Iraqi people eral debate equally divided and con- of this achievement as an opportunity to de- will continue to defy the threats, to respond to trolled by the chairman and ranking vise an exit plan for our troops. them with force if need be, and to press fro minority member of the Committee on Now that the election has taken place, the the establishment of a state that continues to Armed Services. The rule also provides next step of restoring independence in Iraq is respect them as individuals. for one motion to recommit. Mr. Speaker, this concurrent resolu- crucial and must be taken now. Along with 25 Such a state will be a good friend of the tion is an important first step in ad- other original cosponsors, I joined Representa- American people, and a good neighbor to all dressing a misguided ruling by the tive LYNN WOOLSEY to introduce H. Con. Res. within its crucial region. The SPEAKER pro tempore (Mr. Third Circuit Court of Appeals regard- 35, a measure to bring the troops home. It SIMPSON.) All time for debate has ex- ing access of military recruiters to in- proposes to do this in a four-step process: (1) pired. stitutions of higher education. Development and implementation of a strategy Pursuant to the order of the House of During this time of conflict and the to withdraw American troops from the region; Tuesday, February 1, 2005, the resolu- global war on terror, it is more impor- (2) development and implementation of a re- tion is considered read and the pre- tant than ever to maintain the ability construction plan for the Iraqi civil and eco- vious question is ordered on the resolu- to recruit quality men and women for nomic infrastructure; (3) creation of an inter- tion and on the preamble. service in our military. The primary national peacekeeping force composed of Iraqi The question is on adoption of the way that recruiters are able to do this leadership, neighbors in the Arab region, the resolution. is to work through those institutions United Nations, and the Arab League to keep The question was taken; and the which work closely with our young Iraq secure; and (4) restoration of Iraqi offi- Speaker pro tempore announced that men and women, schools and univer- cials as overseer of its internal affairs. This the ayes appeared to have it. sities. legislation will help restore independence in Mr. LANTOS. Mr. Speaker, on that I Military recruiters need the same ac- Iraq and will bring our troops home safe. demand the yeas and nays. cess to college campuses provided to Since the beginning of the Iraq war in March The yeas and nays were ordered. other potential employers, and stu- 2003, 1,423 members of the United States The SPEAKER pro tempore. Pursu- dents deserve the right to discuss the military have died which includes 1,084 dead ant to clause 8 of rule XX, further pro- option of a career in the United States as a result of hostile action and 333 of non- ceedings on this question will be post- military with the representatives of hostile causes. Since May 1, 2003, when poned. the Armed Forces. President Bush declared that major combat f Mr. Speaker, some ask, why the need operations in Iraq had ended, 1,269 U.S. mili- for this concurrent resolution? Well, tary members have died. More than 89 per- PROVIDING FOR CONSIDERATION the answer is succinct. This concurrent cent of United States casualties in Iraq have OF H. CON. RES. 36, EXPRESSING resolution grows out of an egregious come after this announcement. The message CONTINUED SUPPORT OF CON- decision by the Third Circuit Court of as to our exit plan must be made clear to the GRESS FOR EQUAL ACCESS OF Appeals overturning the power of Con- Iraqi people, the American people, and to our MILITARY RECRUITERS TO IN- gress to control the purse. troops. STITUTIONS OF HIGHER EDU- This decision simply states that Con- Mr. Speaker, I support H. Res. 60, and I CATION gress and the Government may not as a urge my colleagues to join me in the spirit of Mr. COLE of Oklahoma. Mr. Speaker, matter of law deny funds to univer- preserving democracy, in the spirit of instilling by direction of the Committee on sities on the basis of their denial of ac- international trust and self-sufficiency, and in Rules, I call up House Resolution 59 cess to recruiters and ROTC units. This the spirit of keeping the American troops safe. and ask for its immediate consider- decision, couched in the language of Mr. HYDE. Mr. Speaker, the right to vote— ation. civil rights, fails to recognize the un- democracy itself—is more than a way to settle The Clerk read the resolution, as fol- derlying inequity behind these univer- disputes, however petty or important. lows: sity policies. This decision asserts the

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.012 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H311 Congress has compelled speech by these Mr. MCGOVERN. Mr. Speaker, I want lation was passed to respond to efforts universities to the effect that they to thank the gentleman from Okla- by several colleges and universities to ‘‘agree’’ with the military’s ‘‘Don’t homa (Mr. COLE) for yielding me the protest the discriminatory policies of ask, don’t tell’’ policy with respect to customary 30 minutes. I also want to the Pentagon against gay men and homosexuals in the service. welcome him as a new member of the women. Over time, the law was ex- Mr. Speaker, nothing could be fur- Committee on Rules. panded to prohibit funding a university ther than the truth. (Mr. MCGOVERN asked and was might receive from nearly every Fed- The Solomon Amendment compelled given permission to revise and extend eral agency, including the Department no such thing. It simply proposed his remarks.) of Health and Human Services, the De- standards for the receipt of Federal Mr. MCGOVERN. Mr. Speaker, I yield partment of Homeland Security, the funds. Setting such standards is a nor- myself such time as I may consume. Department of Transportation, and the mal and legitimate function of the leg- Mr. Speaker, here we are at the start Department of Labor. islative branch. It is what defines the of a new year and a new Congress and Last year this House passed a bill power of the purse. This is an issue we are considering this bill, surprise, that would have expanded that list to that the House and Senate have revis- surprise, under a closed rule. Once include the CIA and the National Nu- ited and affirmed in bipartisan votes in again, the Republican majority has de- clear Security Administration of the 1995, 1996, 1999, and 2002 after the enact- cided that thoughtful debate and the Department of Energy. ment of the original Solomon Amend- ability for Members to offer amend- Mr. Speaker, there is an irony here. ment. ments if they so wish is unimportant The Congress is holding hostage funds Mr. Speaker, it is disappointing to or simply too much bother. from all of these other Federal agen- note that the Reserve Officers Training The underlying bill, House Concur- cies to prop up discrimination by the Corps, or popularly known as the rent Resolution 36, was introduced yes- Pentagon. Yet every one of these other ROTC, has been embattled on some terday, has not gone to committee, let Federal agencies has full access to re- university and college campuses since alone and be reported out of com- cruitment on college campuses. Why? the 1960s. This stems from what only mittee, and was being taken up in the Because unlike the Department of De- can be described as a consistently anti- Committee on Rules yesterday just fense, no other Federal agencies have military philosophy advocated by about the time that most Members’ policies that encourage discrimination some, and I want to say only some, col- planes were touching down in Wash- against gay men and women. All of lege and university professors and ad- ington. them have employees on their pay ministrators. So once again the majority has fol- rolls. All of these Federal agencies and The new purported reasons for not al- lowed its usual practice to stifle de- the U.S. Government and the American lowing ROTC on campus often serves bate, prevent amendments, and ignore people benefit from the research and the convenient cover for these anti- normal procedure to push a bill to the development programs that take place military sentiments. Some educators House floor ahead of more important on these campuses, some of it carried now believe that they should be al- issues facing the country. Apparently, out, no doubt, by gay men and women. lowed to discriminate against students the Republican leadership could not So, Mr. Speaker, where does the Sol- who wish to enter the military in order possibly start the new year out by de- omon Law stand today? to please another group of students ciding to finally help the more than In November 2003, a U.S. district who object to the policies and proce- one million jobless workers who have court in New Jersey upheld the con- dures of the armed services, all the exhausted their regular unemployment stitutionality of the Solomon Law, but while soliciting and accepting Federal benefits without receiving additional it also determined that the Solomon funds for their institutions. This is aid. Law does not give the Pentagon any rank hypocrisy. I know the majority does not like to basis for asserting, as it has in regula- Why would an institution seek and be reminded that we still have the larg- tions on implementing the Solomon use Federal funds, often from the De- est number of exhaustees in over 3 dec- Law, that universities and colleges partment of Defense, while denying ades, but the 109th Congress begins must give military recruiters the same representatives of the U.S. Armed still facing this bitter reality and obvi- degree of access to campuses and stu- Forces access to their campuses? ously still doing nothing to ease the dents provided to other employers. Mr. Speaker, the decision by the hardships facing these workers and In November 2004, just this past No- Third Circuit Court of Appeals is a their families. vember, the U.S. Court of Appeals for classic case of judicial overreach and Clearly, the Republican majority did the Third Circuit overruled part of the one that must be addressed. As a not feel it necessary to press the Presi- New Jersey District Court’s ruling and former university educator and the son dent to get his supplemental request to found the Solomon Law to be in viola- of a career Air Force noncommissioned assist the victims in nations affected tion of the Constitution. In an appeal officer, I find this decision disturbing by the Asian tsunami quickly before brought by a number of schools, main- and insulting to those men and women the House, so we are not taking that ly graduate schools of law, the court who defend our freedom and to those measure up this week. In fact, we are ruled that colleges and universities had who wish to join their ranks. not likely to act on this most urgent a first amendment right to exclude re- The very least we can do is put the matter until March. But a bill exhort- cruiters whose hiring practices dis- courts on notice as to exactly where ing the White House to ignore and criminated against homosexuals. the Congress stands on this issue. For overturn proceedings in the Federal The U.S. Department of Justice now that reason, this concurrent resolution courts and to press higher education plans to appeal the case to the U.S. Su- is necessary and timely. Hopefully, it institutions to ignore their own poli- preme Court, and it has asked the ap- will underscore the importance that cies prohibiting discrimination, well, peals court to hold off enforcing the the Congress places on military re- that is a bill that gets top billing in nullification of the Solomon Law until cruiters having access to the edu- the House of Representatives today. the Supreme Court decides on whether cational institutions that receive Fed- Mr. Speaker, in the United States of to take up the case or not. eral funds. America discrimination is wrong. Pe- Mr. Speaker, let me point out an- During this time of war, we should riod. But here we are right out of the other irony in this debate today. There insist that institutions who pride gate with a bill that condones it. Let is absolutely no lack of equal access for themselves on freedom of expression us start with a little history on this military recruiters and ROTC pro- allow the defenders of that freedom, bill. grams on America’s college campuses. the United States military, to freely In the mid-90s, Congress passed legis- What the Pentagon receives is special recruit the soldiers who protect our de- lation to deny Defense Department access, pure and simple. To this day, mocracy. To that end, I urge support funding to colleges and universities any other employer, public or private, for the rule and the underlying bill. that fail to give military recruiters ac- that fails to meet a school’s non- Mr. Speaker, I reserve the balance of cess to their campuses and students. discrimination policies is banned from my time. Known as the Solomon Law, that legis- employee recruitment on campuses. So

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.042 H02PT1 H312 CONGRESSIONAL RECORD — HOUSE February 2, 2005 the Pentagon receives special access to Mr. COLE of Oklahoma. Mr. Speaker, My own son currently serves in Iraq. our colleges and universities. I yield to myself such time as I may He graduated near the top of his class The Solomon law is about giving the consume. from the U.S. Naval Academy; and, last military a special right to discriminate I would like to quickly address a cou- Sunday, he had the satisfaction of wit- in a way other employers may not. ple of the concerns that my colleague nessing the birth of freedom in a land This sense of Congress resolution raised. While I certainly respect his where for 50 years freedom has been an once again reinforces and promotes the concerns, I would like to point out that exotic concept. Pentagon’s discriminatory policy and the measure in question had been on By passing H. Con. Res. 36, we re- practices to the detriment of all other our Web site for 4 days and was not assert our support for freedom and our education institutions and Federal suddenly introduced yesterday. It had disdain for those liberal, elite institu- agencies. It further encourages the easy access. Frankly, on the nature of tions that seek to sensor choices for Federal Government in its pursuit to the rule itself, it is the opinion of the their wealthy clientele. challenge court rulings that have majority of the committee this is sim- Mr. MCGOVERN. Mr. Speaker, I yield upheld the first amendment rights of ply an up or down matter. It is not myself such time as I may consume. our colleges and universities in their something we need to amend or deal Mr. Speaker, before I yield to the efforts to end prejudice and discrimina- with. gentlewoman from Texas, I just want tion. Let me make one other point, if I to respond to my colleague from Okla- Mr. Speaker, the final irony of this may, Mr. Speaker, in reference to the homa. debate you will hear today are the ar- access of the military to college cam- He mentioned that this resolution guments about the need of the military puses. The military is a rather unique has been posted on the Web site for 3 to recruit the best and brightest stu- institution, but nothing prohibits col- days or 4 days. I should say to him that dents that America has to offer. lege campuses from denying them ac- that is not a substitute for the com- b 1245 cess. All the Solomon amendment does mittee process. That is why we have I agree with this need, and the way to is says, if they do, they lose some Fed- committees. get there is for the Pentagon to end its eral funds as a consequence. Secondly, I am glad that the gen- policy of discrimination. This would I would think that if they felt strong- tleman believes that the bill needs no end the conflict between the Pentagon ly, that this was a position of convic- amendment, but there are 434 other and college policies against discrimina- tion, they would not want funds from Members of this House that should tion and prejudice. The Pentagon has the Department of Defense and other have the opportunity to amend this kicked out over 26 military linguists institutions. They would simply have bill, if they so desire. who were fluent in Arabic or Farsi sim- nothing to do with them. Mr. FRANK of Massachusetts. Mr. ply because they were homosexual. Further, I would simply like to make Speaker, will the gentleman yield? That is unconscionable while our mili- one additional point. The appropriate Mr. MCGOVERN. I yield to the gen- tary men and women are facing a dead- place to protest the policy, frankly, is tleman from Massachusetts. ly insurgency in Iraq and continued vi- in the political arena. This is not a pol- Mr. FRANK of Massachusetts. Mr. olence in Afghanistan. icy in the Department of Defense per Speaker, I am wondering, based on that In the past 5 years, in the Army se. This is a policy devised by Presi- argument, in the interest of efficiency, alone, over 3,000 uniformed servicemen dent Clinton, has been ratified repeat- whether we might not substitute chat and women have been discharged solely edly by Congress as a political avenue rooms for the floor of the House, and if because of their sexual orientation. to address it. We should not put that being on the Web site is a satisfactory They were munitions experts, lin- burden on recruiters in the military way to bring a bill out. Maybe if we guists, health care workers, infantry- and subject them to difficult cir- had chat rooms or instant messaging, men, tank mechanics, radio operators cumstances when they are carrying out we could probably save a lot more. and active in every field of military en- important work for our country. I would urge the majority, since this deavor. Mr. Speaker, I yield 3 minutes to the traditional kind of old-fashioned type Make no mistake about it, right now gentleman from Missouri (Mr. AKIN). of democracy does not seem to have gay men and women are in battle in (Mr. AKIN asked and was given per- much appeal, to go right ahead, might Iraq and Afghanistan, and they have mission to revise and extend his re- even save a little more money, by cut- likely died in combat in Iraq and Af- marks.) ting back on what Thomas Jefferson or ghanistan. They serve their Nation just Mr. AKIN. Mr. Speaker, I rise in sup- Abe Lincoln or one of those people as they have since the founding of the port of H. Con. Res. 36. might have thought was an appropriate United States, bravely, patriotically Once again, activist judges threaten way to conduct the business of democ- and devotedly, but their superiors do our authority, first of all, to direct racy. not commend their service. If their sex- Federal fund spending; and, second of Mr. MCGOVERN. Mr. Speaker, I ual orientation is discovered, they are all, they attempt to create law. thank the gentleman from Massachu- drummed out. We have required here in Congress at setts for his succinct observation. Mr. Speaker, there is no lack of ac- universities that receive Federal dol- Mr. Speaker, I yield 4 minutes to the cess to for the military on America’s lars to extend access to military re- gentlewoman from Texas (Ms. JACK- campuses. Every university that wants cruiters equal to other outside groups. SON-LEE). an ROTC program has one. According But in the name of free speech and as- (Ms. JACKSON-LEE of Texas asked to the Wall Street Journal, more than sociation, some schools seek to deny and was given permission to revise and 52,000 college students are enrolled in their students access to recruiters and extend her remarks.) ROTC programs, up from 48,000 in 2000. ROTC, obviously afraid that their stu- Ms. JACKSON-LEE of Texas. Mr. Many credit feelings of patriotism en- dents would maybe even make a wrong Speaker, I thank my colleague very gendered by the September 11 attacks, choice. much for the time. and it comes as no surprise that mili- It is ironic that an institution whose There certainly is no lack of under- tary enlistment by college graduates sole function, whole reason for being, is standing and appreciation for the has also increased since the events of based on the free exchange of ideas, United States military, particularly in September 11. would then boycott the Armed Forces, the backdrop of free elections in Iraq Mr. Speaker, we do not need the Sol- the very people who actively protect this past Sunday. So, Mr. Speaker, this omon law. We do not need the bill be- their academic freedom. is not a debate, if you will, about the fore us today, and we certainly do not It is further ironic that those who are value of the military or, in fact, the ne- need to continue to insult and assault often noted for concern that low-in- cessity of giving them a far reach in those very institutions of higher edu- come Americans are serving in dis- their recruitment efforts in America. cation that are leading the way to end proportionate numbers in the Armed Far be it from me, coming from the hate and discrimination in America. Forces would block many of their stu- State of Texas, that might be one of Mr. Speaker, I reserve the balance of dents born with a silver spoon access to the States that has sent the largest my time. ROTC. numbers of its sons and daughters to

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.043 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H313 the Iraq War and Afghanistan. Having So I would say, Mr. Speaker, the rea- for violating its ‘‘don’t ask, don’t tell’’ pol- just sent 3,000 National Guard and Re- son why I rise with great concerns icy was nearly three times as high as pre- servists troops about a month ago from about a closed rule and ask my col- viously reported, according to records ob- tained by an advocacy group. their families over to Iraq and Afghani- leagues to consider where we are going Between 1998 and 2004, the military dis- stan, we know full well the importance with this Solomon amendment is that charged 20 Arabic and six Farsi speakers, ac- of the military but, more importantly, we can do better and that there is some cording to Department of Defense data ob- the sacrifice that our men and women merit, great merit, to asking the mili- tained by the Center for the Study of Sexual make in the United States in serving in tary to recruit everywhere and to allow Minorities in the Military under a Freedom the military. universities of free thought to be able of Information Act request. I also am reminded that, until Presi- to maintain their nondiscriminatory The military previously confirmed that seven translators who specialized in Arabic dent Truman integrated the Armed rules and regulations. had been discharged because they were gay. Forces, African Americans were told, We can do better together, and I do The updated numbers were first reported by do not ask and do not apply. not know why we discriminate against The New Republic magazine. So this is not a question of whether any American who wants to serve their Aaron Belkin, the center’s director, said he or not we allow these individuals to ac- country. wants the public to see the real costs of cept Federal funds. I would take issue Mr. COLE of Oklahoma. Mr. Speaker, ‘‘don’t ask, don’t tell.’’ with my colleague to suggest just do I reserve the balance of my time. ‘‘We had a language problem after 9/11 and Mr. MCGOVERN. Mr. Speaker, I yield we still have a language problem,’’ Belkin not take Federal funds if they are not said Wednesday. interested. myself such time as I may consume. The military’s ‘‘don’t ask, don’t tell’’ pol- I am disappointed that this is a (Mr. MCGOVERN asked and was icy allows gays and lesbians to serve in the closed rule, because there are impor- given permission to revise and extend military as long as they keep their sexual tant issues here, and the issues are his remarks, and include extraneous orientation private and do not engage in ho- that universities should not be forced material.) mosexual acts. Mr. MCGOVERN. Mr. Speaker, I in- But Belkin and other advocates say such a to compromise their nondiscrimination policy endangers national security at a time policies. The military has been set sert in the RECORD at this point two ar- ticles. One is an editorial from the New U.S. intelligence agencies and the military aside as one of the most uniquely inte- say they don’t have enough Arabic speakers. grated and nondiscriminatory sections York Times entitled, ‘‘The Price of ‘‘The military is placing homophobia of our government. Just because we Homophobia.’’ Another is an Associate ahead of national security,’’ said Steve have do not ask and do not tell does Press story entitled, ‘‘Report: Number Ralls, spokesman for the Servicemembers not mean that it is right, and if Con- of gay linguists discharged higher than Legal Defense Network, a nonprofit group which advocates for the rights of gay mili- gress is really concerned about losing thought.’’ [From the New York Times, Jan. 20, 2005] tary members. ‘‘It’s appalling that in the the best and the brightest, it should weeks leading up to 9/11 messages were com- THE PRICE OF HOMOPHOBIA stop, if you will, discriminating ing in waiting to be translated . . . and at against those because of their sexual Don’t ask, don’t tell—just scream in frus- the same time they were firing people who orientation for any other reason. tration: it turns out that 20 of the Arabic could’ve done that job.’’ speakers so vitally needed by the nation But others, like Elaine Donnelly of the I am disappointed that in 2005 it was have been thrown out of the military since reported that between 1998 and 2004 the Center for Military Readiness, a conserv- 1998 because they were found to be gay. It is ative advocacy group that opposes gays serv- military discharged 20 Arabic and six hard to imagine a more wrongheaded rebuff ing in the military, said the discharged lin- Farsi language speakers under the do- of national priorities. The focus must be on guists never should have been accepted at not-ask-and-do-not-tell policy. It is not the search for Osama bin Laden and his ter- the elite Defense Language Institute in Mon- without great admiration for our late rorist legions, not the closet door. The Pen- terey in the first place. colleague, Congressman Solomon, that tagon’s snooping after potential gays trumps ‘‘Resources unfortunately were used to what every investigative agency in the war train young people who were not eligible to I rise to just ask my colleagues, why do on terror has admitted is a crucial shortage we close a rule when we can make this be in the military,’’ she said. ‘‘We need to re- of effective Arabic translators. cruit people who are eligible to serve.’’ a better legislative initiative? After the first World Trade Center attack, In the fiscal year ended Oct. 31, 2004, 543 We needed to give the opportunity in 1993, government agents revealed an Arabic linguists and 166 Farsi linguists grad- for the full discussion on discrimina- alarming shortage of Arabic speakers. Key uated from their 63-week courses, according tion. Do my colleagues believe that notes, videotapes and a phone call pertaining to a DLI spokesman. That was up from 377 Americans would rise in support of dis- to the attack were later found in a backlog and 139, respectively, in the previous year, crimination? Do my colleagues realize of untranslated investigative data. The reflecting the military’s increased need for shortage continued right up to and well be- translators in Iraq. that when we debated the 9/11 tragedy yond the 9/11 attacks. Three years after the it was a gay American on one of our Experts have identified the shortage of Ar- towers were destroyed, the F.B.I., rife with abic linguists as contributing to the govern- airplanes that engaged with others to translation problems, admitted it had an ment’s failure to predict the Sept. 11 at- be able to detour that airplane from untranslated backlog of 120,000 hours of tacks. The independent Sept. 11 commission the very site that I stand, to be able to intercepts with potential value about loom- made similar conclusions. The government save lives and to save the Capitol of ing threats. At the State Department, a ‘‘lacked sufficient translators proficient in the United States of America? study showed that only one in five of the 279 Arabic and other key languages’’ to ade- Arabic translators were fluent enough to quately prepare itself against future strikes, It seems in 2005, in the shadow of re- handle the subtleties of the language, with authorization of the Voters Rights Act the report said. its many regional dialects. ‘‘It used to be this was seen as a gay rights of 1965, that we might not now recog- The military’s experience is no more en- issue, but now it’s clearly a national secu- nize that we can do better. couraging, with intelligence results muddied rity issue,’’ said Nathaniel Frank, a senior I am glad that ROTC programs are at times by a rush, as one inquiry put it, to research fellow at the Center for Study of still on our campuses. In fact, we know recruit Arab convenience store owners and Sexual Minorities in the Military at the Uni- cabdrivers, who couldn’t handle the task. that there are more than 52,000 now en- versity of California, Santa Barbara. The military is right to rely more on its lan- Ian Finkenbinder, a U.S. Army Arabic lin- rolled in ROTC programs, up from guage schools, but it can take several years 48,000 in 2000. That means 52,000 of our guist who graduated from the Defense Lan- to produce fluent graduates. The folly of guage Institute in 2002, was discharged from students. using ‘‘don’t ask, don’t tell’’ policy against This past year 70 percent of the the military last month after announcing to such precious national resources amounts to his superiors that he’s gay. Finkenbinder, Army’s newly commissioned armies comfort for the enemy. When President Bush who said his close friends in the Army al- was asked last week by The Washington Post came from ROTC. In fact, the Defense ready knew he was gay, served eight months why Osama bin Laden had eluded capture, he Department has reported meeting all of in Iraq and was about to return for a second replied, ‘‘Because he’s hiding.’’ So is the Pen- its recruitment and retention goals in tour when he made the revelation official. tagon—it’s hiding from reality. the past several years and is, in fact, ‘‘I looked at myself and said, ‘Are you will- ing to go to war with an institution that actively downsizing certain specialties. [From Associated Press, January 13, 2005] But, in the backdrop of that, we also won’t recognize that you have the right to REPORT: NUMBER OF GAY LINGUISTS live as you want to,’’’ said Finkenbinder, 22, know that we need more troops, par- DISCHARGED HIGHER THAN THOUGHT who now lives in Baltimore, Md. ‘‘It just got ticularly if we are going to be part of a (By Kim Curtis) to be tiresome to deal with that—to con- peacekeeping effort, not a running-the- SAN FRANCISCO (AP)—The number of Ara- stantly have such a significant part of your government effort in Iraq. bic linguists discharged from the military life under scrutiny.’’

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.046 H02PT1 H314 CONGRESSIONAL RECORD — HOUSE February 2, 2005 Finkenbinder said his commander was United States Supreme Court. Let it In conclusion, Mr. Speaker, I strong- upset to let him go because his Arabic pro- appeal. Let us see what the Supreme ly support this resolution. I sincerely ficiency was at the highest possible for a Court says, if they accept the case. hope there will be a strong bipartisan nonnative speaker. The courts have to defend our lib- effort of support, and I commend my The Servicemembers Legal Defense Net- work last month sued the government on be- erties. It is the province of the courts, good friends from Minnesota and Ala- half of 12 gay former military members seek- not of the Congress, to declare what bama for their leadership on this issue. ing reinstatement. They’re seeking to over- the Constitution means. Mr. MCGOVERN. Mr. Speaker, I yield 7 minutes to the gentleman from Mas- turn ‘‘don’t ask, don’t tell’’ alleging it vio- b 1300 lates their constitutional rights. sachusetts (Mr. FRANK). Mr. MCGOVERN. Mr. Speaker, I yield Our liberties, the Bill of Rights, are Mr. FRANK of Massachusetts. To 3 minutes to the gentleman from New protected from the majority. You never begin, Mr. Speaker, it is absolutely York (Mr. NADLER). have to protect the majority from backwards to decry this policy of ex- Mr. NADLER. Mr. Speaker, this reso- itself. You have to protect unpopular cluding recruiters from using the fa- lution would have us believe that a minorities. That is why we have a Bill cilities of a university. Let us be clear: grave threat is presented to the secu- of Rights and that is why we have the no university can ban a recruiter from rity of this Nation by the policy of courts to enforce them. For Congress coming to that city or that town. No some institutions of higher learning to to come in and say the court is wrong university can say that students will bar military recruiters from their cam- and the executive should not enforce not talk to the recruiter. pus because of the discrimination the order of the court is to show a dis- The question is not whether the re- against gay and lesbian people by the dain for the rule of law and a disdain cruiters can come and advertise; it is whether they can compel the univer- military. But that, Mr. Speaker, is not for the spirit of liberty for which we sity to offer its facilities involving a the threat to our national security. are fighting in Iraq and for which our The threat to our national security is Armed Forces exists in the first place. policy with which they disagree. But to the policy of the military to refuse to This resolution ought to be defeated say that that causes a problem in get- ting people in the military, it is the use the talents and the abilities of gay on its merits. supporters of a policy that say to able- people in defending our country. Mr. COLE of Oklahoma. Mr. Speaker, One of the biggest problems we have I am pleased to yield 2 minutes to the bodied men and women, we disapprove in Iraq now is the shortage of people gentleman from Georgia (Mr. of your sexuality, and, therefore, no matter how talented you are, no mat- who know how to translate intelligence GINGREY). ter how patriotic you are, no matter documents written in Arabic and Farsi, Mr. GINGREY. Mr. Speaker, I thank what skills you bring, you are not al- and yet they are dismissing linguists the gentleman for yielding me this lowed here. who can translate these documents for time, and today I rise in strong support of the Solomon Amendment and as a Colin Powell, when he was chairman our use to save the lives of our troops of the Joint Chiefs of Staff, testified because they are gay. This is insanity. proud cosponsor of the resolution that is before us. before this Congress that there was no Our troops are paying with their argument that gay and lesbian men lives because of the bigotry that this For the last several years, a growing number of law schools have subjected and women in the military were in any Congress has mandated on the mili- way deficient as members of the mili- tary, number one. military recruiters to various degrees of harassment designed to make mili- tary. He made it clear. The only reason Even that is not the real issue pre- for excluding them was the prejudice of sented by this resolution. The real tary recruiting difficult and to frus- trate their objectives. Military recruit- others. That was the only reason. issue presented by this resolution has The argument was: if you let these ing on university campuses is one of to do with free speech and association. people in, and he said they had been the primary means by which the Private universities, private institu- good soldiers and good airmen and good Armed Forces retains highly qualified tions have chosen to say, as part of sailors, it would be disruptive. Well, new military personnel; and it is an in- their free speech, that they do not one, that was 15 years ago when he said tegral, effective, and necessary part of want on their campus recruiters from that. I think society has moved some. overall military recruiting. any organization, the military, any But, second, we have experience to the The Constitution gives Congress the private company, anybody else, that contrary. discriminates against gay people and power to attach reasonable stipula- I know there have been people crit- lesbian people; that engages in an un- tions to those who accept Federal dol- ical of the Israeli Defense Forces in acceptable, to them, form of discrimi- lars. The Solomon Law simply ensures some respects. I think they deserve, on nation. It is not a question, as this res- that the military has fair access to re- the whole, a lot of credit for a difficult olution says, of equal access to mili- cruited institutions of higher learning job. In the Israeli Defense Forces, peo- tary recruiters. All people, recruiters that willingly accept this Federal fund- ple serve who are openly gay and les- from all institutions that discriminate ing. bian. So the argument that somehow are barred from these campuses. Mr. Speaker, every year, without allowing people who are honest about We should not have passed the bill fail, the military comes under a great their sexuality, if they are gay or les- that we did, but we passed a bill to say deal of criticism for hiring too many bian, to serve in the military makes that, if they do that, if a private insti- low-income, disadvantaged young you an ineffectual military, how do tution bars military recruiters and adults. However, I find it remarkably they explain the Israeli Defense other recruiters on an equal basis, we ironic that these institutions are ob- Forces? will withhold Federal funds. structing a more balanced recruiting In fact, what we are again being told The Third Circuit Court of Appeals effort that includes a patriotic com- is that good people, able people, and we says that is a violation of the first mitment from all sectors of society. heard reference to the linguists. This amendment. This resolution says who Furthermore, the point has to be has become the policy of ‘‘Don’t ask, cares what the courts say. We do not made that the soldiers, sailors, airmen, don’t tell, and by no means translate.’’ care about the first amendment. We do and Marines that are being treated like You who support this policy are the not care about the courts. We know second-class citizens at these univer- ones, Mr. Speaker, who are depriving better. sities are also the same brave men and the armed services of able-bodied peo- We encourage the executive branch women that are providing the freedom ple. You are the ones who have driven to follow the doctrine of non-acquies- these schools enjoy. thousands, literally thousands of per- cence and not find a decision affecting Mr. Speaker, efforts by these univer- fectly capable men and women out of one jurisdiction to be binding on an- sities to restrict military recruiter ac- the military because you disapprove of other jurisdiction. cess can only have the harmful effect what they do in their spare time. So That is not the way we ought to leg- of increasing Federal spending to then to claim that it is the universities islate. This decision was decided by the achieve mandated end-strength goals trying to stand up for a principle that Third Circuit Court of Appeals. The ex- and ultimately compromising the read- are weakening the military gets it ab- ecutive branch is going to appeal to the iness and performance of our military. solutely backwards.

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.017 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H315 I was also saddened, I must say, by military recruiting, that did not stop The previous question was ordered. one of the previous speakers who said the medical school or the school of en- The resolution was agreed to. he wanted to express his disdain for the gineering from applying for Federal A motion to reconsider was laid on universities involved. We have univer- funds. What you now have is a policy the table. sities here which are trying to express that says if the law school says no, no f their disagreement with what they be- other entity can get the money. So lieve, and I agree, but what they be- there is no connection there. PROVIDING FOR POSTPONEMENT lieve to be an unfair prejudice that sin- The key issue here is this: Have we OF FURTHER CONSIDERATION OF gles out some of their students. I un- not in this country come to the point HOUSE CONCURRENT RESOLU- derstand disagreement with that, but where patriotic young gay men and les- TION 36, NOTWITHSTANDING THE disdain? Disdain because people in bians who are prepared to serve their OPERATION OF THE PREVIOUS these positions feel that their students country will at least be given a chance? QUESTION should not be unduly stigmatized and Can you not judge them on their mer- Mr. KLINE. Mr. Speaker, I ask unan- denied this opportunity? its? Can you not say, okay, we admire imous consent that during considering If it is so important to have the op- your willingness to do this. We will of House Concurrent Resolution 36, portunity, Mr. Speaker, should not judge you. If it turns out you become pursuant to House Resolution 59, the people on the other side say, you can- disruptive, we will act. But this blan- Chair may, notwithstanding the oper- not deny these young people the oppor- ket denial of even the opportunity no ation of the previous question, post- tunity to serve in the military. Should matter how talented, no matter how pone further consideration of the con- you not say, you should not deny these diligent? You enforce that as a policy, current resolution to a time designated young people the opportunity to serve and then you complain that we have by the Speaker. in the military unless they are gay or people being turned away? The SPEAKER pro tempore (Mr. Mr. Speaker, I hope this resolution is lesbian. Because if they are gay or les- SIMPSON). Is there objection to the re- not adopted, and I hope we will begin bian, you want to deny them the oppor- quest of the gentleman from Min- to reverse this blanket prejudicial pol- tunity to serve in the military regard- nesota? icy that says to millions, millions of less of any fault. There was no objection. Remember, this is one that says we young American men and women, you f just stigmatize you from the outset. need not apply to defend your country There is nothing you can do, there is because we do not like some aspect EXPRESSING CONTINUED SUPPORT no degree of service you can perform, about you, even if it is going to be en- OF CONGRESS FOR EQUAL AC- there is no sacrifice you can offer to tirely irrelevant to your service. CESS OF MILITARY RECRUITERS make that will allow you to serve your Mr. COLE of Oklahoma. Mr. Speaker, TO INSTITUTIONS OF HIGHER country. And then we will complain be- I reserve the balance of my time. EDUCATION Mr. MCGOVERN. Mr. Speaker, I yield cause we do not have enough people to myself such time as I may consume in Mr. KLINE. Mr. Speaker, pursuant to serve in the military. And, again, lit- closing. House Resolution 59, I call up the con- erally thousands have been turned This Congress should be leading the current resolution (H. Con. Res. 36) ex- away. The universities are not block- way to end discrimination of any form pressing the continued support of Con- ing recruitment. They cannot. They in this country. Unfortunately, we gress for equal access of military re- are asking for the right to stand up for have a resolution before us today that cruiters to institutions of higher edu- principle. condones discrimination. I think it is cation, and ask for its immediate con- And now we are told by one other sad we are dealing with this today. I sideration. speaker, well, if they do not agree with urge my colleagues to vote ‘‘no’’ on the The Clerk read the title of the con- the policy, you would think they would resolution. current resolution. not accept the money. Please. I would Mr. Speaker, I yield back the balance The text of House Concurrent Resolu- say to Members, one rule in parliamen- of my time. tion 36 is as follows: tary debate: try to avoid saying some- Mr. COLE of Oklahoma. Mr. Speaker, H. CON. RES. 36 thing that no one will believe. I mean, I yield myself such time as I may con- this notion that if you do not agree Whereas section 8 of article I of the Con- sume; and in closing, I would like to stitution commits exclusively to Congress with a policy you should boycott the say I think we have had a good and the powers to raise and support armies, pro- government, which is using your tax substantive debate today, but let us be vide and maintain a Navy, and make rules money, nobody believes that. People clear: the concurrent resolution is real- for the government and regulation of the get taxed, and sometimes they agree ly about ensuring those who defend our land and naval forces; and sometimes they disagree. We say freedom and liberty the ability to have Whereas the Nation’s security interests de- to people, look, you can voice your the same access to colleges and univer- mand high levels of military personnel readi- opinion, but you cannot avoid paying sities that is available for everyone ness, which in turn demand cost-effective military recruitment programs; the taxes. else. And, by the way, it is not money Whereas military recruiting on the Na- Mr. Speaker, often today others have tion’s university campuses is one of the pri- from the military they are seeking. placed this debate in the context of the mary means by which the Armed Forces ob- Typically, what we have here are law ‘‘Don’t ask, don’t tell’’ policy. I sug- tain highly qualified new military personnel schools. It is law schools, as people gest that those who would like to and is an integral, effective, and necessary have noted, who are doing this. So peo- change that policy, that they look in- part of overall military recruitment; ple have said, well, what about the ward, at the political process itself. Whereas a lack of cooperation by institu- poor people? We are not getting enough This was President Clinton’s policy, tions of higher education with the legitimate wealthy people to offset the number of and one enshrined in law that can only pursuit of the Federal military recruiting poor people. Well, we are talking about function carries with it the harmful effect of be changed by Congress. increasing Federal spending to achieve the lawyers who are being recruited. If the other side of the aisle would required outcome, while at the same time Frankly, the poor people are not being like to make this change, they should compromising military personnel readiness recruited for the Judge Advocate Gen- propose it and debate it at this level. and performance, which in turn conflicts eral’s office. It just does not compute. To put it in the context of the Solomon with Federal responsibilities to provide for But what they are saying is, we are Amendment, I believe, is disingenuous the Nation’s defense; not going to allow our facilities to be and dangerous to our recruiting efforts. Whereas military recruiting will be signifi- used in this discriminatory way. And I urge my colleagues to support this cantly harmed if military recruiters are de- the law schools, by the way, are not rule and the underlying concurrent res- nied access to campuses and students that is themselves, and this is an important at least equal in quality and scope to the ac- olution. cess provided to any other employer; point, under the Clinton administra- Mr. COLE of Oklahoma. Mr. Speaker, Whereas on-campus recruiting and ready tion the ruling was that we would look I yield back the balance of my time, access to students are key components of re- at each element of a university sepa- and I move the previous question on cruiting highly qualified new employees for rately. And if the law school said no the resolution. any enterprise and are recognized as such by

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.050 H02PT1 H316 CONGRESSIONAL RECORD — HOUSE February 2, 2005 both institutions of higher education and Mr. KLINE. Mr. Speaker, I yield my- higher learning that prohibit military employers and requiring the Armed Forces self such time as I may consume. representatives from having student to rely exclusively on alternative recruiting Mr. Speaker, while the men and access while permitting access to other methods would adversely affect the ability of women of our Armed Forces serve employers. the Armed Forces to attract the most quali- The Solomon Amendment was passed fied applicants; bravely throughout the world, the abil- Whereas any reduction in performance by ity of our U.S. military to recruit high- by this body in 1994 after vigorous de- the Armed Forces amidst the present na- ly qualified candidates is being put in bate by a vote of 271 to 126. The amend- tional emergency declared by the President jeopardy. As was stated so eloquently ment was simple, ‘‘You cannot receive on September 14, 2001, operates against the by the late Representative Gerald Sol- Federal funds for your institution if national interest; omon, barring military recruiters is an you impair the military from recruit- Whereas the Congress has chosen over time intrusion on Federal prerogatives, a ing on your campus, yet allow other to appropriate funds for a variety of Govern- slap in the face to our Nation’s fine employers access to the students.’’ ment programs to be provided to institutions It is essential that our military be of higher learning, but those taxpayer funds military personnel, and an impediment are not an entitlement to any college or uni- to sound national security policy. prepared to defend our country. Cost- versity and can be provided subject to condi- The legislation bearing his name, the effective recruiting is the key to an tions and criteria placed on those funds by Solomon Amendment, formerly pro- all-volunteer Army. Many of our insti- Congress. tected the ability of the U.S. military tutions recognize Congress’s intention Whereas acceptance of Federal funding to reach the most highly qualified can- and immediately complied with the in- carries with it an expectation of support and tent and spirit of the Solomon Amend- respect for the laws of the Nation, including didates by denying Federal funding, de- nying Federal funding to colleges ment. Other institutions have taken of- section 983 of title 10, United States Code, re- fense to the amendment by insisting lating to the support of military recruiting which refused to permit on-campus re- and Reserve Officers Training Corps func- cruiting by the U.S. military. However, that this measure offends the first tions by certain educational institutions; on November 29 of last year, the Third amendment’s provision that Congress Whereas Congress has acted to legisla- Circuit Court of Appeals in Philadel- shall make no law abridging the free- tively craft a safeguard for military recruit- phia overturned this legislation, ena- dom of speech. ing in section 983 of title 10, United States The question of whether the Solomon bling universities to receive Federal Code, by linking Federal funding of edu- Amendment violates the first amend- funding despite barring military re- cational institutions to the willingness of ment is now being litigated in our cruiters from campus. those institutions to abide by a rule of ac- courts. The District Court for the Dis- This decision threatens to severely cess by military recruiters to campuses and trict of New Jersey denied a request for students that is at least equal in quality and damage the ability of the military to injunctive relief which permitted this scope that is provided by any other em- recruit the highly qualified candidates ployer; law to stand. The district court was of necessary during a time of war. Har- the opinion that the plaintiffs were not Whereas the Government suffers irrep- vard Law School and now Yale Law arable injury any time it is prevented by a likely to prove a first amendment in- court from effectuating statutes enacted by School have already implemented the fringement. On appeal, the U.S. Court Congress, the representatives of its people, unjust policy of denying the military of Appeals for the Third Circuit in a 2 and any obstruction against enforcement of access to their campuses for recruiting to 1 decision reversed the district court section 983 of title 10 of the United States purposes. Without the threat of lost and concluded that the plaintiffs dem- Code will not only divest the Department of funding, sadly, many other schools are Defense of a legislatively crafted recruiting onstrated a likelihood of success on expected to follow suit. The Depart- their contention that the first amend- safeguard but also will inflict grave harm on ment of Defense intends to appeal this the Nation’s military readiness and the mili- ment claim had merit and directed the tary’s ability to recruit sufficient numbers ruling, but in the interim the military district court to enter a preliminary of high-quality personnel; and risks losing access to a vital source of injunction which has the effect of per- Whereas the consequences specified in sec- highly qualified recruits. Our desire is mitting these universities to deny ac- tion 983 of title 10, United States Code, relat- to ensure this does not happen. cess to military recruiters. ing to a denial of certain Federal funding for Under Article I, section 8 of the Mr. Speaker, I was a trial judge in failure to offer support of military recruiting United States Constitution, Congress my home State of North Carolina for 13 and Reserve Officers Training Corps func- has the exclusive power to raise and years and a State supreme court jus- tions, are instrumental to the achievement support armies, provide and maintain a of military performance in satisfaction of tice for 2 years. I can tell Members the national interest and the Constitutional Navy, and make the rules for the Gov- there is a presumption in our law to duties of the Congress: Now, therefore, be it ernment and regulation of the Armed favor congressional enactments that Resolved by the House of Representatives (the Forces. Congress has not only the right are intended to support our military. Senate concurring), That — but the responsibility to use its power There is a high burden on a plaintiff to (1) Congress remains committed to the to protect the ability of our U.S. mili- overcome this presumption. No court achievement of military personnel readiness tary to recruit the best and the bright- has ever declared unconstitutional on through vigorous application of the require- est young men and women. We cannot ments set forth in section 983 of title 10, first amendment grounds any congres- United States Code, relating to equal access be silent while this ability is put in sional statute designed to support the for military recruiters at institutions of jeopardy. military. higher education, and will explore all options The citizens of the United States, all If this law in any way offends the necessary to maintain this commitment, in- citizens of the United States, and I first amendment, the courts are then cluding the powers vested in it under article would argue the world, benefit from required to balance the interests that I, section 9, of the Constitution; the protection of the most highly are involved and determine whether (2) it is the sense of Congress that the exec- qualified and well-trained military in the violation trumps the articles relat- utive branch should aggressively continue to the world, and I am hopeful our actions ing to the spending power and support pursue measures to challenge any decision today will put an end to the injustice of the military. impeding or prohibiting the operation of sec- I need not remind my colleagues of tion 983 of title 10, United States Code; and of banning recruiters and will restore (3) Congress encourages the executive the ability of the U.S. military to serve the perilous times the American people branch to follow the doctrine of non-acquies- its citizens most effectively. now face. Like never before, this Con- cence and not find a decision affecting one Mr. Speaker, I reserve the balance of gress must ensure that we have the jurisdiction to be binding on other jurisdic- my time. best military on the planet and this in- tions. cludes having unimpeded access to our b 1315 The SPEAKER pro tempore. Pursu- colleges and universities for the pur- ant to House Resolution 59, the gen- Mr. BUTTERFIELD. Mr. Speaker, I pose of recruiting. tleman from Minnesota (Mr. KLINE) yield myself such time as I may con- It seems illogical to me that an insti- and the gentleman from North Caro- sume. tution desires Federal resources but lina (Mr. BUTTERFIELD) each will con- Mr. Speaker, I rise today in support wants to restrict access to military re- trol 30 minutes. of this resolution. The 103rd Congress cruiters. Acceptance of Federal funding The Chair recognizes the gentleman determined that Federal funding carries with it an expectation of sup- from Minnesota (Mr. KLINE). should be denied to institutions of port and respect for the laws of this

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.027 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H317 Nation. I therefore join with the gen- The Clerk read the resolution, as fol- tary recruiters have equal access on tleman from Minnesota (Mr. KLINE) in lows: our Nation’s campuses. support of this resolution and urge its H. RES. 62 We are debating this resolution today adoption. This matter needs to be put Resolved, That the following named Mem- only because of a recent court decision to rest. It is imperative that the execu- bers and Delegates be and are hereby elected that wrongfully struck down the Sol- tive branch take this matter to the to the following standing committees of the omon Law. In November of last year, a U.S. Supreme Court to urge the court House of Representatives: closely divided U.S. Third Circuit to give deference to the Congress and (1) COMMITTEE ON AGRICULTURE.—Mr. Pom- Court of Appeals ruled that the Sol- uphold this statute. This resolution eroy, Mr. Boswell, Mr. Larsen of Washington, omon Law violates first amendment makes it clear that the Congress in- Mr. Davis of Tennessee, Mr. Chandler. rights to free speech and association. (2) COMMITTEE ON THE BUDGET.—Mr. Kind. The court sided with the plaintiff ar- tends to continue to support our mili- (3) COMMITTEE ON GOVERNMENT REFORM.— tary by ensuring equal access for mili- guing that ‘‘the Solomon Amendment Ms. Norton. requires law schools to express a mes- tary recruiters on college campuses, (4) COMMITTEE ON RESOURCES.—Mr. George and it should be the sense of this Con- Miller of California, Mr. Markey, Mr. sage that is incompatible with their gress that we want judicial review of DeFazio, Mr. Inslee, Mr. Udall of Colorado, educational objectives, and no compel- this matter by our highest court. Mr. Cardoza, Ms. Herseth. ling governmental interest has been Mr. Speaker, I reserve the balance of (5) COMMITTEE ON SCIENCE.—Ms. Hooley of shown to deny this freedom.’’ my time. Oregon (to rank immediately after Ms. Wool- Mr. Speaker, I cannot disagree more sey), Ms. Jackson-Lee of Texas, Ms. Zoe The SPEAKER pro tempore (Mr. with this assessment. In our post-9/11 Lofgren of California, Mr. Sherman, Mr. world, our Nation’s military deserves, SIMPSON). Pursuant to the order of the Baird, Mr. Matheson, Mr. Costa, Mr. Al at least the same access to institutions House of today, further proceedings on Green of Texas, Mr. Melancon. of higher education that any other this concurrent resolution will be post- (6) COMMITTEE ON SMALL BUSINESS.—Mr. major employer might enjoy. This is poned. Faleomavaega, Mrs. Christensen, Mr. Davis certainly a modest and I believe a rea- f of Illinois, Mr. Case, Ms. Bordallo, Mr. Grijalva, Mr. Michaud, Ms. Linda T. Sa´ nchez sonable request, especially if the col- RESIGNATION AS MEMBER OF of California, Mr. Barrow, Ms. Bean. lege or university accepts Federal COMMITTEE ON GOVERNMENT (7) COMMITTEE ON VETERANS’ AFFAIRS.—Mr. funds. REFORM Strickland, Ms. Hooley of Oregon, Mr. Reyes, This is not about infringing free Ms. Berkley, Mr. Udall of New Mexico. speech; it is about ensuring our mili- The SPEAKER pro tempore laid be- tary has access to our Nation’s best fore the House the following resigna- Mr. MENENDEZ (during the read- and brightest at a time when we face tion as a member of the Committee on ing). Mr. Speaker, I ask unanimous enormous challenges abroad. This reso- Government Reform: consent that the resolution be consid- ered as read and printed in the RECORD. lution expresses the continued support HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Is there of Congress for the Solomon Law and Washington, DC, February 1, 2005. would help ensure that military re- Hon. J. DENNIS HASTERT, objection to the request of the gen- Speaker, House of Representatives, tleman from New Jersey? cruiters continue to have access to col- Washington, DC. There was no objection. lege campuses and students that is at DEAR MR. SPEAKER: I am requesting a The resolution was agreed to. least equal in quality and scope as that leave of absence (effective immediately) A motion to reconsider was laid on provided to any other employer. from the House Committee on Government the table. This resolution would reaffirm the Reform due to my pending appointment to commitment of Congress to explore all the House Permanent Select Committee on f options, including the use of its con- Intelligence. EXPRESSING CONTINUED SUPPORT stitutional power to appropriate funds Thank you. to achieve that equal access. In adopt- Sincerely, OF CONGRESS FOR EQUAL AC- ing this resolution, we would also be JOHN F. TIERNEY, CESS OF MILITARY RECRUITERS Member of Congress. TO INSTITUTIONS OF HIGHER urging the executive branch to aggres- sively challenge any decision impeding The SPEAKER pro tempore. Without EDUCATION or prohibiting the operation of the Sol- objection, the resignation is accepted. The SPEAKER pro tempore. Pursu- omon Law. Also, we would be encour- ant to the order of the House of today, There was no objection. aging the executive branch to follow a proceedings will now resume on House f doctrine of nonacquiescence by not Concurrent Resolution 36, expressing finding a judicial decision affecting one RESIGNATION AS MEMBER OF the continued support of Congress for COMMITTEE ON AGRICULTURE jurisdiction to be binding on any other equal access of military recruiters to jurisdiction. The SPEAKER pro tempore laid be- institutions of higher education. Mr. Speaker, as we debate this reso- fore the House the following resigna- The Clerk read the title of the con- lution, it is important for us to remem- tion as a member of the Committee on current resolution. ber that the Solomon Law and its leg- Agriculture: The SPEAKER pro tempore. When islative updates were not designed as HOUSE OF REPRESENTATIVES, proceedings were postponed earlier one-size-fits-all mandates from Wash- Washington, DC, February 1, 2005. today, 521⁄2 minutes remained in de- ington. In fact, the law is very flexible, Hon. J. DENNIS HASTERT, bate. The gentleman from Minnesota and it fits the needs of nearly every Speaker, House of Representatives, (Mr. KLINE) has 27 minutes remaining, public-funded institution in the coun- Washington, DC. and the gentleman from North Caro- EAR PEAKER ASTERT try. For example, the Solomon Law D S H : I would like to re- 1 sign my seat from the Committee on Agri- lina (Mr. BUTTERFIELD) has 25 ⁄2 min- does not apply to colleges or univer- culture, effective immediately. utes remaining. sities that have a long-standing policy Sincerely, The Chair recognizes the gentleman of pacifism based on historical reli- BENNIE G. THOMPSON, from Minnesota (Mr. KLINE). gious grounds, nor does it affect any Member of Congress. Mr. KLINE. Mr. Speaker, I yield 4 Federal student aid or financial assist- The SPEAKER pro tempore. Without minutes to the gentleman from Ala- ance. objection, the resignation is accepted. bama (Mr. ROGERS), the sponsor of this Of course, as those of us who are here There was no objection. concurrent resolution and a member of debating this issue are aware, this is f the Committee on Armed Services. not the first challenge to this law. Mr. ROGERS of Alabama. Mr. Speak- Prior to the November circuit court de- ELECTION OF MEMBERS TO CER- er, I rise today in strong support of H. cision, on repeated occasions lower TAIN STANDING COMMITTEES OF Con. Res. 36. This resolution expresses courts have consistently upheld the THE HOUSE the continued support of Congress for constitutionality of the Solomon Law, Mr. MENENDEZ. Mr. Speaker, I offer the so-called Solomon Law, a critical arguing that it does not infringe on a privileged resolution (H. Res. 62) and piece of legislation originally passed in any institution’s right to free speech or ask for its immediate consideration. 1994 which has helped ensure that mili- association.

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.054 H02PT1 H318 CONGRESSIONAL RECORD — HOUSE February 2, 2005 While this recent court decision is (Mr. CONAWAY asked and was given ernment have put into law. Such pro- unfortunate, it is not the end to the permission to revise and extend his re- tections as nondiscrimination based on Solomon Law. A bipartisan vote here marks.) age, gender, marital status, member- today in support of this legislation will Mr. CONAWAY. Mr. Speaker, I rise in ship in the National Guard and sexual help send a clear message to our courts support of the amendment today out of orientation are a part of Wisconsin’s that our military recruiters deserve a bit of a sense of confusion as to why nondiscrimination laws. Wisconsin has equal access on all of our campuses. I we really need to revisit this issue one chosen to provide its citizens with thank the gentleman from California more time. It is odd that in a Nation at these greater protections because we (Mr. HUNTER) for his ongoing efforts on war that institutions of higher learn- have decided that these are in the best this issue, and I thank the gentleman ing would take steps to limit the Army interests of our citizens and are good from Minnesota (Mr. KLINE) for man- and the Navy, the Marine Corps, Coast public policy. aging this legislation. Guard and other services’ access to The University of Wisconsin in Madi- Mr. BUTTERFIELD. Mr. Speaker, I their students. I wonder what they are son has a history as a leader in social yield 3 minutes to the gentlewoman afraid of as to why they would take justice. It adheres to State laws and from California (Ms. WOOLSEY). this particular position. has tried to apply those laws appro- (Ms. WOOLSEY asked and was given They pride themselves on having the priately across its campus. That has permission to revise and extend her re- brightest in America at their univer- included the requirement that campus marks.) sities, particularly the ones in ques- organizations, departments and cam- Ms. WOOLSEY. Mr. Speaker, first I tion. As an aside, I was at a university pus recruiters adhere to State law. Yet thank the gentleman from North Caro- in January, excuse me, in November, at Federal law has intervened to block en- lina (Mr. BUTTERFIELD) for yielding me freshman orientation and saw a couple forcement of campus policy and State this time to speak, time to speak in op- of co-eds walking across campus that law in regard to military recruiters. The Solomon amendment was passed position to H. Con. Res. 36. obviously have impaired reading skills by a previous Congress because stu- Mr. Speaker, last November a Fed- because they were both smoking. dents, like those at the University of eral court said the Federal Government Nevertheless, I wonder what they are Wisconsin, were having success in cannot take away a university’s fund- afraid of. Why are they afraid of the blocking recruiters from campus if ing simply because the school refuses message of serving one’s country, of they discriminate against lesbians or to exempt the U.S. military from its doing one’s duty. We can argue that gays or bisexuals in violation of State policy, meaning the university’s pol- the Federal Government should or icy, and that on-campus recruiters not law and campus policy. should not be in a lot of different areas, Access to and use of campus facilities discriminate on the basis of sexual ori- but clearly national defense and rais- to recruit students for higher edu- entation. ing an army is a mission of our Found- cational opportunities, employment or Today we are debating a resolution ing Fathers that none of us would military service should be at the dis- in support of the Solomon amendment. argue with. cretion of the institution. Of course, If this House of Representatives votes I guess the point I would like to public institutions should not arbi- to support that resolution, we will be make is that if these colleges and uni- trarily discriminate against any par- putting the Congress on record as sup- versities feel so strongly that their stu- ticular recruiter. Reasonable and le- porting absolute senseless discrimina- dents should not participate in our gitimate criteria should be evenly ap- tion. military, then let us do it with honor plied to every recruiter. The Federal The resolution says it is about equal and voluntarily turn back the Federal Government should not use Federal access for military recruiters at insti- funding that supports many of the pro- funding as a weapon to force non- tutions of higher education. But, in re- grams that they support through their compliance with State law or to create ality, it is about allowing the military universities. special rights for military recruiters. to avoid the consequences of discrimi- b 1330 I believe that the court made the cor- nation, the same consequences that rect decision in invalidating the Sol- I would call on them and if they are any other employer would have to face omon amendment. I also believe that really serious about limiting this, they if it discriminated. today’s resolution is unnecessary. In are afraid of what our recruiters might Many say, and you heard it today, fact, I believe that today’s debate is that our national security requires the say, that our recruiters might ask the wrong debate. We should be looking military to engage in this discrimina- their young men and women to serve at ways to strengthen our military and tion, but the facts just do not support their country, to place their lives on expand our resources for winning the it. The court said that the Government the line, as many of the men and fight against al Qaeda and other ter- failed to produce, and I quote, ‘‘a shred women who today serve our country in rorist organizations. of evidence’’ that the Solomon amend- those Armed Forces are doing every Mr. Speaker, when will we have the ment helps military recruiting, and day in Iraq and Afghanistan and other debate about the harm caused by ex- even suggested that the hostility that places around the world that we do not cluding so many qualified, skilled the amendment causes may hurt re- necessarily know about, but neverthe- Americans from serving in our military cruiting. less they are serving, why they are simply because they are gay or lesbian? It was reported in last month that afraid of this message? Why they do When will we have a debate about the since 1998, the military has discharged not think their students should have waste of resources used to discharge 20 fluent Arabic speakers and six fluent access to that? fully trained personnel who are serving Farsi speakers under its ‘‘Don’t ask, I rise in support of this resolution our country honorably? When will we don’t tell’’ policy. These are students and would ask those universities that have the debate about how much our that the military claims to be des- feel strongly about this to voluntarily fight against terrorism is hurt by the perate to recruit. send back all the Federal funding that discharges of Arab linguists? No, Mr. Speaker, this resolution is they are currently getting and allow us The resolution before us today makes not about military recruiting or na- to use those dollars in universities that vague reference to the costs to the tional security. Plain and simple, it is are a little more in line with the issues military in having to arrange alter- about punishing universities for exer- that we are talking about today. native recruitment strategies to meet cising their first amendment right to Mr. BUTTERFIELD. Mr. Speaker, I its goals, but it does not mention the oppose discrimination against gays and yield 6 minutes to the gentlewoman significant cost of Don’t Ask, Don’t lesbians; and I encourage my col- from Wisconsin (Ms. BALDWIN). Tell to our defense budget and to our leagues, stand up for the Constitution, Ms. BALDWIN. Mr. Speaker, I rise national security. Since Don’t Ask, oppose this resolution. today in opposition to this resolution. Don’t Tell took effect in 1993, approxi- Mr. KLINE. Mr. Speaker, I yield 3 In Wisconsin, our State laws provide mately 10,000 military personnel have minutes to the gentleman from Texas protections from discrimination to been discharged. That is a huge (Mr. CONAWAY), a member of the Com- people that go beyond what many amount of training and experience that mittee on Armed Services. other States and what the Federal Gov- we have lost.

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.058 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H319 In a study of discharges between 1998 I really think it is ridiculous to argue mocracy allows divergence of opinion and 2003, University of Santa Barbara that point, but FAIR is arguing just and that the people that own the real researchers found that, of 6,273 dis- that. estate should have a voice in who can charges, many were in critical special- It is in everyone’s interest to ensure visit that real estate. We do not have ties such as 88 linguists, including that young people receive information, any nationally owned universities, yet many Arabic speakers, 49 WMD ex- including military options, so they can this resolution requires equal access perts, 90 nuclear power engineers, and make informed choices about their fu- for all military recruiters at institu- 150 rocket and missile specialists. To ture after they finish their education. tions of higher education. I think we compensate for some of these dis- Just because a school disagrees with a are getting into a really slippery area charges, the Pentagon has been calling career in the military, does that give here because you are going to create up members of the Individual Ready them the right to deny information within those campuses huge debates Reserve. The harm to our military about that particular career to some- that students are going to say, we readiness and the cost to our security one who might want to sign up? Is it don’t like this stuff being jammed caused by Don’t Ask, Don’t Tell is right to deny access because you dis- down our throats. We and the faculty clear. Urging the administration to try agree with what someone says? How is and the trustees of a university ought to reinstate the Solomon amendment that in keeping with the first amend- to be able to decide who can visit our will in no way make our country safer. ment to the Constitution? campus, as they do in all other things. Let there be no mistake. I strongly The position that FAIR and others For example, here in Washington, support our men and women in uni- have taken is nothing more than thinly D.C., Catholic University does not form. I want to take this opportunity veiled hypocrisy. They are masking allow pro-abortionist recruiters to to honor the men and women in our their obvious hatred of our Nation’s come and talk on the campus, and here Armed Forces who have served and military by hiding behind the first you are going to require, regardless of continue to serve in Iraq and to the amendment. I think it is wrong. I am what the issue should be, that military many serving our country here and not going to sit idly by while this so- recruiters have to be allowed on cam- around the world. Their efforts allowed called FAIR group trashes our mili- pus. I think it is a very slippery slope. the Iraqi people to vote in a free elec- tary. I do not think we need to go there, be- tion this week. Their bravery and dedi- The Constitution in article 1, section cause the recruitment numbers are not cation is something all Americans 8, states that Congress shall have the down. I think the military has histori- should admire and honor. power to raise and support armies, pro- cally stood on its own feet to do very Mr. Speaker, there would be no clam- vide and maintain a navy and make well in recruiting without getting Con- or for a Solomon amendment if we sim- rules for the government and regula- gress involved mandating that they ply allowed all qualified Americans to tion of the land and naval forces. It have to be on campuses. I think you serve their country in uniform. Our does not say that activist judges and are going to have a negative reaction. country would be safer, our human re- institutions of higher education have I would urge Congress very carefully sources would be greater, our country the right to prevent Congress from to think about this and to vote ‘‘no’’ would be stronger if we treated all going about its duty to raise and sup- until we get a better thought on how Americans equally, regardless of their port the Armed Forces of these United we want to mandate democracy in this sexual orientation. It is time to repeal States. country. Don’t Ask, Don’t Tell. It will make our Were the members of the FAIR not Mr. KLINE. Mr. Speaker, I am military stronger and our country aware that we were at war and that a pleased to yield 4 minutes to the gen- stronger. state of national emergency has ex- tleman from New York (Mr. SWEENEY). Mr. KLINE. Mr. Speaker, it gives me isted in this country since September (Mr. SWEENEY asked and was given great pleasure to yield 4 minutes to the 11 of 2001? I am sure they are happy to permission to revise and extend his re- gentleman from Florida (Mr. MILLER), enjoy the rights afforded to them by marks.) my colleague on the Committee on the first amendment, but who allows Mr. SWEENEY. I thank the gen- Armed Services. them those rights? Perhaps they tleman for yielding me this time. Mr. MILLER of Florida. I thank my should reread the old Poem to a Sol- Mr. Speaker, I am proud to stand good friend for yielding me this time. dier: here in support of this resolution, a Mr. Speaker, I rise today in support ‘‘It is the soldier, not the reporter, very important resolution introduced of equal campus access for our military who has given us freedom of the press. by the gentleman from Alabama (Mr. recruiters. ‘‘It is the soldier, not the poet, who ROGERS). Recently, a group calling itself Free- has given us freedom of speech. I think we are at a critical period of dom For Academic and Institutional ‘‘It is the soldier, not the campus or- time in this Nation’s history, and it Rights, FAIR, has decided that they ganizer, who gives us freedom to dem- comes a couple of days after one of the disagree with what our military stands onstrate. more significant, what you would call for; and, because of this, they have de- ‘‘It is the soldier who salutes the victories or symbols of what the Amer- cided that the military no longer de- flag, who serves beneath the flag and ican military presence is about and serves access to our Nation’s institu- whose coffin is draped by the flag who what its results are. That is, that we tions of higher learning. They claim allows the protester to burn the flag.’’ pride ourselves in having the best edu- that granting military recruiters equal I urge all my colleagues to support cated, the best trained, the best qual- access to campuses would promote only this resolution to ensure that the mili- ity of people serving in all sorts of a pro-military viewpoint and a pro- tary of these United States continues branches, in all sorts of jobs in the military recruiting message. to have equal access to our Nation’s United States military; and at a time This is simply not true. The govern- finest young men and women. when the world needs this the most ment is not asking campuses across Mr. BUTTERFIELD. Mr. Speaker, I from us, it is very important that we America to endorse the war on terror, yield 2 minutes to the gentleman from maintain that quality. the President’s policy or anything to California (Mr. FARR). I heard the prior speaker talk about do with the military. All we are asking Mr. FARR. Mr. Speaker, I rise in op- the fact that this may be a dangerous for is that the military be afforded the position to this resolution. It may place and there are all sorts of other exact same access as other organiza- seem peculiar, but, frankly, I think political ideas that may be at play tions to the student body. That is it. that the military does not need this where you could put a recruiter on a That is all. Those who argue that giv- resolution. It is not broken out there. campus or not. What I would simply ing equal access somehow constitutes They are having the ability to recruit. say is that that is not the same argu- an endorsement of the military are just Even despite the negative news from ment as here. This is an argument of plain wrong. Does giving equal access Iraq, the recruitment numbers are up fairness and equity. It is an argument to other groups mean that each insti- for all the services. that says that just because somebody’s tution agrees with every idea that that What this resolution does is sort of political philosophy is counter to the organization may have? Of course not. breaks this feeling in America that de- idea that we want to have a strong

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.060 H02PT1 H320 CONGRESSIONAL RECORD — HOUSE February 2, 2005 military presence in this Nation, those ican liberties such as freedom of speech who do not like this country. And we school administrators, who I think are and higher education. could substitute another protest issue way off the board in terms of their left- If we deny Armed Forces recruiters for them in this thing and it would not wing views and their antimilitary ap- the opportunity to actively recruit in make a bit of difference. proach, ought not to be able to ban col- schools, we not only disrespect the sac- These are the same people who in lege military recruiters from doing rifices of military men and women who many cases had protests in favor of the their job because it is in the national have made our freedom possible; we Viet Cong during the Vietnam War. interest that we do it. It is really in also rob our students of the valuable Many of them protested our involve- the world’s interest. opportunities that military service can ment in El Salvador, protested our So I am here to support this resolu- be to our Nation and what they can bringing democracy to Nicaragua, pro- tion and say that what the Third Cir- help provide. There is no reason not to tested our participation in the first cuit did last November again rep- allow the Nation’s armed services to Desert Storm in the early 1990s, and in resents the judiciary trying to legislate make their best case to college stu- this recent bringing of freedom to Iraq. where it ought not to do it. My prede- dents and to do so in the same manner They protested all those things. They cessor, Gerry Solomon, first introduced as private sector employers that col- hate all things military. this amendment many years back. It leges and universities seem to relish And the interesting aspect of this de- was that amendment that has been having on campus. bate is that these same left-wing pro- struck down. I strongly urge my col- Denial of access and equality to mili- fessors and administrators profess to leagues to vote in favor of this resolu- tary recruiters by colleges that receive let young people make up their own tion and recognizing that what we do Federal funds is an insult to the tax- minds. Free thinking is theoretically for the private sector in allowing them payers who help subsidize higher edu- their trademark. Let us have some free to put recruiters in law schools or on cation in this country. Many nations thinking. Let us allow the military to any college campus ought to be the have mandatory military service for be on the campuses. Let us allow the same that we do for something so im- their citizens. We do not. The very core students to have access to their infor- portant and so critical as the recruit- of our system of homeland security and mation, and let us let them make up ment of the best and the brightest into national defense depends on young men their own minds. There is no draft our military forces. I urge all of my and women deciding that they wish to here. This is a volunteer military. colleagues to strongly support this res- serve our country. They do not have to join the military. olution. Successful recruitment of the best of- But the idea that the left-wing profes- ficers in our military relies heavily on sors and administrators have to pro- b 1345 our military recruiters’ access to the tect the students from that very mili- Mr. BUTTERFIELD. Mr. Speaker, I best and the brightest. And it seems a tary that the gentleman from Florida reserve the balance of my time. bit disingenuous for the elite institu- (Mr. MILLER) so eloquently described as Mr. KLINE. Mr. Speaker, I yield 4 tions of higher education, such as Har- the protectors of all of our freedoms in- minutes to the gentleman from Ohio vard, Yale, Stanford, Georgetown, and cluding their freedoms to have aca- (Mr. BOEHNER), the chairman of the New York University, to condemn the demic freedoms, to protest and to Committee on Education and the lack of the wealthy and privileged in speak freely, the idea that these stu- Workforce. the ranks of our military while these dents have to be shielded from the Mr. BOEHNER. Mr. Speaker, let me schools deny their students the option guarantors of our freedoms is nonsense. thank my colleague for yielding me of even hearing about a career in our Mr. KLINE. Mr. Speaker, I yield 3 this time. United States military. minutes to the gentleman from Geor- Mr. Speaker, today I rise in strong This resolution should not be politi- gia (Mr. KINGSTON). support of this resolution, which shows cized. It is a straightforward reaffirma- (Mr. KINGSTON asked and was given our Nation’s unwavering commitment tion of our Armed Forces and our stu- permission to revise and extend his re- to both higher education and providing dents. Congress does not force colleges marks, and include extraneous mate- a strong national defense. At no time and universities to accept Federal rial.) in recent memory has our country funding. If an institution of higher Mr. KINGSTON. Mr. Speaker, I placed more responsibility on the learning wishes to bar military recruit- thank the gentleman for yielding me shoulders of our men and women in ers from recruiting, it is free to do so. this time. uniform. We are fighting a war on ter- But Federal funding is not an entitle- I want to speak certainly in favor of rorism on multiple fronts, in Afghani- ment and such institutions should not the Solomon Amendment and remind stan and Iraq. And it is essential that expect that decision to be endorsed and my colleagues that it does not apply to if we are to be victorious in defending subsidized by the taxpayers of the institutions of higher education that our freedom and protecting our home- United States. The resolution reaffirms have had a longstanding practice of pa- land that we promote military service our commitment to that principle. cificism based on historic religious as an option to college students across And I want to commend the gen- grounds, and it exempts Federal stu- the United States. tleman from California (Mr. HUNTER) dent financial assistance from termi- When this Congress passed and Presi- and I also want to thank the gen- nation. But what it does do is allow dent Bush signed into law the No Child tleman from Minnesota (Mr. KLINE) for students to look at career opportuni- Left Behind Act, the bill made it easier bringing this resolution to the floor ties in the Army. And as the chairman for military recruiters to inform Amer- and urge my colleagues to support it. of the Committee on Armed Services ica’s high school students about their Mr. KLINE. Mr. Speaker, I yield 2 said, there are so many legal issues in- options to serve their country, while minutes to the gentleman from Cali- volved in the military today and to go also giving parents a choice about fornia (Mr. HUNTER), the distinguished beyond that, to let people look at ca- whether or not they want their sons chairman of the House Committee on reers in, I would say, intelligence as and daughters to be contacted individ- Armed Services. much as anything, homeland security, ually by military recruiters. Mr. HUNTER. Mr. Speaker, I thank there is a great opportunity for stu- Now in this resolution we are reit- the gentleman for yielding me this dents to go into. erating the choices given to institu- time and for the distinguished way in But we are also seeing so much push- tions of higher education. The Solomon which he has conducted the debate and back really from a crowd that is basi- Act, originally passed in 1995, grants also the gentleman from Alabama (Mr. cally anti-American and anti-conserv- the Secretary of Defense power to deny ROGERS) for sponsoring this resolution. ative. Indeed, there are so many preju- Federal funding to institutions of high- Mr. Speaker, let us make this clear. dices against everyday middle-class er learning if they prohibit military re- This is not about some social issue. values on college campuses, and serv- cruitment on campus. This law recog- The real impetus for this barring of the ing in the military and being pro- nizes the importance of having a capa- American military from our college American just seems to be one of them. ble, educated and well-prepared mili- campuses is because of the left-wing Students at Wells College, for exam- tary, one that is ready to defend Amer- core of administrators and professors ple, were ridiculed by their professors

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.062 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H321 if they supported the war in Iraq. At court decision, which had upheld the Constitu- for ROTC, be maintained. Without such safe- the University of Missouri, a professor, tionality of the ‘‘Solomon law,’’ by ruling that guards, grave harm to military recruiting will a science professor, offered extra credit the ‘‘Solomon law’’ violated the 1st Amend- result as colleges and universities move to for students to protest a speech given ment rights of free speech and association limit or deny access to campuses and stu- by conservative activist David Horo- held by institutions of higher education. The dents by representatives of the Armed Forces. witz. At the University of Richmond, a Third Circuit remanded the case to the district ACADEMIC BILL OF RIGHTS professor called President Bush a court to enter a preliminary injunction against BACKGROUND moron in his class. And at the Univer- the enforcement of the ‘‘Solomon law.’’ Hiring Practices for Professors sity of Oregon, students were labeled The acting Solicitor General has announced Faculty hiring is controlled by more senior ‘‘neo-Nazi’’ for expressing their opinion his intention to petition the Supreme Court for members of the faculty itself: that TRENT LOTT was the victim of a a writ of certiorari to review the decision of the As Conservative faculty forced to keep po- litical views quiet until they achieve tenure. double standard. And examples go on Third Circuit Court. The Government also filed Usually hire those who agree with them, and on. a motion on 14 January 2005 with the Third Creates a perpetual cycle. Another statistic, the Foundation for Circuit Court seeking to stay the Court’s man- Creates an environment where Marxists, Individual Rights in Education found date for a preliminary injunction against the Post-Modernists, etc. can still dominate in that over 90 percent of well-known col- enforcement of the ‘‘Solomon law’’ until the academic fields even while their views have lege campuses have speech codes in- Supreme Court decides the Government’s pe- been discredited: tended to ban or punish politically in- tition. The Third Circuit granted the stay on 19 Numbers of Liberal Professors vs. Conservative Professors correct, almost always conservative January. The overall ratio of Democrats to Repub- speech, and that campus funds are un- H. Con. Res. 36, in expressing continued licans at the 32 schools studied was more equally distributed to left-wing groups support for equal access of military recruiters than 10 to 1 (1397 Democrats, 134 Repub- as opposed to conservative groups by a to institutions of higher education, makes the licans). ratio of 50 to one. following points regarding the ‘‘Solomon law’’: Not a single department at a single one of I think the judicial attack on the Under article I, Section 8, of the Constitu- the 32 schools managed to achieve a reason- Solomon Amendment is just one of a tion, Congress exclusively has the power to able parity between the two main political parties: series of a trend that is against, again, raise and support armies, provide and main- In the nation at large, registered Demo- anything that is pro-American, pro- tain a navy, and make rules for the govern- crats and Republicans are roughly equal in conservative, pro-traditional values. ment and regulation of the Armed Forces. number. And so I would submit for the RECORD Military recruiting on university campuses is The closest any school came to parity was an article that was an opinion in the one of the primary means by which the Armed Northwestern University—Democrats out- Wall Street Journal recently and then Forces obtain highly qualified new military per- numbered registered Republicans by a ratio of 4–1. something on the academic bill of sonnel and is an integral, effective and nec- Other Schools: rights that I think also touches into essary part of overall military recruiting. Efforts Brown—30–1 this same subject. by colleges and universities to restrict or pro- Bowdoin, Wellesley—23–1 The bill would express the continued sup- hibit military recruiter access will have the Swarthmore—21–1 port of Congress for the so-called ‘‘Solomon harmful effects of increasing Federal spending Amherst, Bates—18–1 law’’ in title 10, U.S. Code, which improves to achieve desired recruiting outcomes and of Columbia, Yale—14–1 DOD’s ability to establish and maintain ROTC compromising military readiness and perform- Pennsylvania, Tufts, UCLA and Berkeley— detachments and to ensure military recruiters ance. Such harm conflicts with Federal re- 12–1 Smith—11–1 have access to college campuses and stu- sponsibilities to provide for the Nation’s de- Other Schools had ZERO registered Repub- dents that is at least equal in quality and fense. Any reduction in the performance by licans: scope to that provided to other employers. the Armed Forces amidst the present national Williams—51 Democrats, 0 Republicans The bill would: emergency declared by the President on Sep- Oberlin—19 Democrats, 0 Republicans State Congress’s resolve to achieve military tember 14, 2001, operates against the national MIT—17 Democrats, 0 Republicans personnel readiness through vigorous applica- interest. Haverford—15 Democrats, 0 Republicans tion of the ‘‘Solomon law’’ relating to equal ac- The Constitution gives Congress the power Most students probably graduate without ever having a class taught by a professor cess for military recruits to institutions of high- to regulate spending and in that role Congress with a conservative viewpoint. er education, and express Congress’s commit- has chosen over time to appropriate funds for Not Just a Faculty Problem But A Campus-Wide ment to explore all options, including the use a variety of Government programs to be pro- Bias of its Constitutional power to appropriate vided to institutions of higher learning. How- For example, the University of Pennsyl- funds, to achieve that equal access. ever, these funds are not an entitlement to vania, Carnegie Melon, and Cornell could not Express the Sense of Congress that the Ex- any college or university and can be provided identify a single Republican administrator. ecutive Branch should aggressively challenge subject to criteria and conditions set by Con- In the entire Ivy League, there were only 3 any decision impeding or prohibiting the oper- gress. Republican administrators identified. ation of the ‘‘Solomon law.’’ The ‘‘Solomon law’’ is a legislative safe- Impact on Students Encourage the Executive Branch to follow a guard that links Federal funding of educational Remarks belittling conservative ideas con- doctrine of non-acquiescene by not finding a institutions to the willingness of those institu- vey that these views are not accepted on campus—Grading based on these ideas rein- judicial decision affecting one jurisdiction to be tions to abide by a rule of access by military force this perception. binding on other jurisdictions. The so-called recruiters to campuses and students that is at One student called a ‘‘fascist’’ for inviting ‘‘Solomon law,’’ section 983, title 10, U.S. least equal in quality and scope that is pro- Oliver North to campus. Code, named for its original proponent Rep- vided to any other employer. University of Oregon—Student labeled resentative Gerald Solomon (R–NY), is based For the last several years, a growing num- ‘‘neo-Nazi’’ for expressing his opinion that on the principle that if a college or university ber of university law schools and colleges of Trent Lott was the victim of a double stand- ard. accepts federal funding it must permit military law have treated military recruiters in ways University of Richmond—Professor called recruiters and/or ROTC access to campus and significantly different from the recruiters of President Bush a ‘‘moron’’ in the classroom. to students. Enacted first in 1994, and added other employers. As a result, military recruiters University of Missouri in Columbia—Pro- to by Congress in 1996, 1999 and 2002, and and the persons they seek to interview have fessor offered extra credit to protest a speech 2004, the ‘‘Solomon law’’ prohibits some de- been subjected to various degrees of official by David Horowitz. Students at Wells College were ridiculed fense-related and other federal funding from and unofficial harassment or ill treatment that by professors for their support on Iraq war going to colleges and universities that prevent is designed to make military recruiting difficult, and their views on feminism. ROTC access or military recruiting on campus. or to frustrate its objectives. The underlying ‘‘It didn’t take long to see how liberal it The Solomon law: (1) does not apply to in- reason for this differing treatment is opposition was after I came here. The professors and the stitutions of higher education that have a long- to Federal law that prohibits military service by education I receive is excellent, but the pro- standing policy of pacifism based on historical openly gay people—the so-called ‘‘don’t ask, fessors seem to use class as a political soap- box,’’—Kristy L. Hochenberger, a student at religious grounds; and, (2) exempts federal don’t tell’’ law. Wells College. student financial assistance from termination. Given that opposition, it is imperative that Slogan circulated by Biology professor at The U.S. Court of Appeals for the Third Cir- the safeguards that the ‘‘Solomon law’’ pro- Wells College—‘‘Lobotomies for Republicans: cuit, on 29 November 2004, reversed a district vides not only for military recruiters, but also It’s not just a good idea; it’s the law!’’.

VerDate Aug 04 2004 05:37 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.064 H02PT1 H322 CONGRESSIONAL RECORD — HOUSE February 2, 2005 Many students conceal what they actually With that privilege comes a responsibility eral money that would be next to impossible think in order to protect their academic by the faculty to also safeguard the free ex- to give up. That’s especially true of the elite standing—a reality clearly at odds with the change of ideas. schools, both public and private. Still, it educational mission of the university. Correcting this should be the goal and an would be nice to think that the nation’s uni- Nearly all distinguished doctoral programs integral part of educational policy under the versities would welcome the military for rea- rely on matching students with professors Academic Bill of Rights. sons other than the mercenary. Patriotism, who have compatible interests. Preferential [From the Wall Street Journal, Feb. 2, 2005] perhaps? treatment shown to those with similar lib- WISDOM OF SOLOMON—THE DISGRACE OF Mr. KLINE. Mr. Speaker, I yield 3 eral ideals. BLOCKING MILITARY RECRUITERS FROM CAM- minutes to the distinguished gen- Campus Guests, Speech Police and Commence- PUS tleman from Indiana (Mr. BUYER), ment Speakers Don’t ask. Don’t tell. Having no desire to chairman of the Committee on Vet- Campus funds are unequally distributed to crash our e-mail server, we’ll save discussion erans’ Affairs. leftwing student groups as opposed to groups of gays in the military for another day. Mr. BUYER. Mr. Speaker, I rise in with conservative agendas by a ratio close to Rather, today’s subject is lawyers in the full support of this resolution and urge 50:1: These student groups are many times in military. Surely Americans of all points of charge of hiring campus speakers. view can agree that in an age of Guantanamo my colleagues to support its passage. The Foundation for Individual Rights in and Abu Ghraib, the military can use the Asking the administration to appeal Education found that over 90 percent of well- best attorneys it can get. the third circuit is the right thing to known college campuses have speech codes So it’s a disgrace that some of the nation’s do. What is happening on some college intended to ban and punish politically incor- law schools, objecting to the Pentagon’s campuses is deja vu for those of us who rect, almost always conservative, speech. ‘‘discrimination policies,’’ refuse to permit attended colleges in the 1960s and the The ratio of commencement speakers on military recruiters to make their pitch on the left and right was 226–15, a ratio of over 1970s. Back then too many college ad- campus, relegating them instead to unoffi- ministrators lacked the courage to re- 15:1: Commencement speakers are selected cial off-campus venues. Law students pon- through committees composed of adminis- dering their first career move can be wined sist pressure from then what were trative staff, faculty, and students. and dined by fancy firms that set up recruit- called left-wing student groups and Twenty-two of the thirty-two schools sur- ment tables at campus job fairs, but they other professors to ban military re- veyed did not have a single Republican or have to stroll over to the local Day’s Inn to cruiters from their campuses. As a re- conservative commencement speaker in the seek out the lonely military recruiter. sult, students who sought military ca- entire ten years surveyed: Six of the remain- To put it another way, the same liberals reers were denied equal access to ca- ing schools invited only one Republican or who object that the military includes too reers of their choice and our schools conservative each, as compared to 38 liberals many lower-class kids won’t let military re- or Democrats. cruiters near the schools that contain stu- became the centers for a wide range of Haverford, Swarthmore and UCLA, which dents who will soon join the upper-class nonsense courses. host multiple speakers every year, did not elite. It’s almost enough to make us con- The student protestors of the 1960s feature a single Republican or conservative template restoring the draft, starting with and 1970s and those of like mind are speaker as balanced against 54 liberals and law school students. now the administrators and professors Democrats. Needless to say, such scholastic shenani- of colleges and universities all over the Academic Bill of Rights gans don’t go down well with Congress, country. Clearly, they have neither Recognizes that political partisanship by which in 1994 passed the Solomon Amend- changed their politics nor loathing for professors is an abuse of students’ academic ment, named for the late New York Repub- lican, Gerald Solomon. The law requires the American military. Even at a time freedom. when our servicemen and -women are Designed to take politics out of the univer- schools that receive federal funds to provide sity curriculum: equal access to military recruiters. Today, encouraged to defeat the forces of tyr- Does not call for more classics in cur- the House is scheduled to vote on a resolu- anny and terror, they remain the same. riculum, tion brought by Alabama Republican Mike In denying military recruiters equal Reading lists should provide students with Rogers that would restate the House’s sup- access to campuses such as Harvard dissenting viewpoints so they may form port for the Solomon Amendment. Some- Law School, college administrators their own opinions. thing similar passed the House and Senate by overwhelming margins last year and was violate the most basic principles of the Designed to protect the right of students right to associate and free speech they to ‘‘get an education rather than an indoc- incorporated into the Defense Authorization trination’’: bill. so profess is precious. Despite large Should not make professors afraid of what The impetus for Mr. Rogers’s move is a No- numbers of conservative students at- they say, vember ruling by the federal appeals court in tending their institutions, these lib- We defend professors’ right to say anything Philadelphia in favor of a group of law erals preach tolerance; however, these and forbids administration from punishing schools and legal scholars that had contested liberal administrators and professors them for their political opinions, the Solomon law. The 2–1 opinion found that have now become the most intolerant the Solomon Amendment violates the Professors should always be open to dis- people I know. senting opinions. schools’ First Amendment rights to free Unequal funding of student organizations speech and association. Next stop is the Su- The following quote is from a student which host guest speakers is unacceptable: preme Court, which is expected to take the typical of the attitude of many of these Calls for pluralism in selection of guest appeal that the Justice Department plans to ivory bastions: ‘‘The day my political speakers. bring. science department hires a Republican Learning environment hostile to conserv- There are many peculiarities to this law- and I am allowed to sit in a class with- atives is wrong. suit, starting with the fact that the group out a number of snickers, jeers, and/or that brought it—the Forum for Academic There is a lack of ‘‘intellectual diversity’’ dirty looks when President Bush’s within faculties on college campuses: and Institutional Rights—declines to release University should be ‘‘inclusive’’ to all the names of the 26 law schools and faculties name is even mentioned is the day I viewpoints, that belong to its coalition. Some of the par- will admit there is progress on today’s Without it, free exchange of ideas are im- ticipants (New York University and George- campus.’’ paired. town, for example) have outed themselves Mr. Speaker, Congress did not ask for It is not our intention to suggest that since the suit was brought in 2003, but others special access for military recruiters. there should be quotas based on party affili- steadfastly maintain their own don’t-ask- We are asking for just equal access to don’t-tell policy. ation in the hiring process at universities: groups such as those seeking support We support removing all politics and polit- In any event, there should be no legal ques- ical affiliation from the hiring process, tion about Congress’s right to put conditions for such liberal causes as abortion It is our purpose to point out the gross im- on grants of federal funds to universities. It rights, frivolous lawsuits, same-sex balance of liberal vs. conservative professors. does this all the time—including require- marriage, elimination of the right to While nearly all university administra- ments that colleges adhere to certain civil private property, gun control, Orwell- tions devote extraordinary resources to de- rights and gender standards. With a few ex- ian Big Government. Mr. Speaker, once fend the principle of diversity in regard to ceptions, universities have no trouble going again activist judges have clearly over- race and gender, none can be said to have along and courts have no problem letting stepped their authority, and it is time shown interest in the diversity of ideas. them. Universities have the privilege of being If, as is likely, the Supreme Court over- for the administration to stand and say separate from the society they inhabit: turns the appeals court decision, that will be that the U.S. Court of Appeals for the Society grants faculty protection from the the end of it. Almost all universities, public Third Circuit was wrong in their ruling influence of outside politics, and private, take millions of dollars in fed- and please seek an appeal.

VerDate Aug 04 2004 02:50 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.019 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H323 Mr. BUTTERFIELD. Mr. Speaker, I Because, at bottom, their opposition to the The thrust of this resolution is that it’s cost yield myself such time as I may con- presence of veterans at their schools is not effective and patriotic for the military to recruit sume. about academic freedom, or civil liberties. on college campuses. Its supporters say that Mr. Speaker, I do not accept the sug- It’s about them not liking the military, or the military recruiters ought to have the same ac- gestion that the academic community values our men and women in uniform rep- cess as businesses and corporations. But no- is un-American and not in support of resent. where in this resolution is the one sure way to our military. My friends in the aca- It’s about many of them preferring the com- get good quality recruits ever mentioned. It’s demic community, and I have many in pany of people who blame the United States the tried and true way that businesses and North Carolina who are part of the aca- for 9/11—who compare the World Trade cen- corporations employ: they pay more. demic community, they are good ter victims to Nazis—to the company of a sol- In reality, the Pentagon already has access Americans and they support our mili- dier or a sailor or an airman or a Marine. to every 18-year-old male in our country. This tary completely. I sincerely believe It’s about academia feeling more sympathy resolution is totally unnecessary, unwarranted, that these individuals have a genuine for terrorists than for the women and children and completely fails to make a convincing difference of legal opinion that must be they murder. case. resolved by our Supreme Court, and It’s about a fundamental misconception I urge a ‘‘no’’ vote on this resolution. that is why I am supporting this reso- about the purpose of a university—the profes- U.S. ‘‘LOSES’’ $9BN IN IRAQ lution. We need a determination by our sors are there for the students, Mr. Speaker, WASHINGTON.—The U.S. occupation author- Supreme Court of this matter. and not the other way around. ity in Iraq was unable to keep track of near- Mr. Speaker, I yield back the balance That our military makes our academia pos- ly $9bn it transferred to government min- of my time. sible, and not the other way around. istries, which lacked financial controls, se- Mr. KLINE. Mr. Speaker, I yield my- Indeed, the right of tenured academics to be curity, communications and adequate staff, self such time as I may consume. publicly insufferable exists only because of the an inspector general has found. In closing, I would just say that we sacrifices of our servicemen and women. The U.S. officials relied on Iraqi audit have heard some discussion today The least they could offer in return is a agencies to account for the funds but those offices were not even functioning when the about policies of the United States booth in the field house on career day. funds were transferred between October 2003 Armed Forces for a long time. Since its Of course, men and women who have and June 2004, according to an audit by a inception, there have been special poli- dodged bullets and held dying comrades in special US inspector general. cies applied to our military, the ability their arms don’t take seriously people who live The findings were released on Sunday by to impose nonjudicial punishment, the by the glib professional code ‘‘publish or per- Stuart Bowen, special inspector general for ability to restrict entry by those who ish.’’ Iraq reconstruction. are too tall or too short, the ability to But those elite campuses, who claim to edu- The official who led the CPA, L Paul order its members away from home and cate our nation’s best and brightest, who claim Bremer III, submitted a blistering, written reply to the findings, saying the report had into combat and into harm’s way. But to train our leaders of the future: how can we ‘‘many misconceptions and inaccuracies,’’ the discussion today is not about those possibly not allow military recruiters to have and lacked professional judgment. policies and should not be about those the right to talk to such students? Bremer complained the report ‘‘assumes policies. The discussion today is about What profession, if any in our entire society, that western-style budgeting and accounting keeping our military, keeping our needs the opportunity to recruit the sharpest procedures could be immediately and fully Armed Forces, the best trained, the and broadest minds of every generation more implemented in the midst of a war’’. best led, the best equipped in the than our armed forces? The inspector general said the occupying world; and that means we need the America’s armed services have molded agency disbursed $8.8bn to Iraqi ministries ‘‘without assurance the monies were prop- ability to recruit the best and the great men from all walks of life, and when erly accounted for’’. brightest. This is about insisting that given brilliant men and women, they have pro- U.S. officials, the report said, ‘‘did not es- our military recruiters have equal ac- duced legends. tablish or implement sufficient managerial, cess to America’s universities and col- How can we let such minds pass through financial and contractual controls.’’ There leges. our top colleges without even the chance that was no way to verify that the money was I urge all of my colleagues to support they might bump into a veteran recruiter who used for its intended purposes of financing this resolution. could change their life? humanitarian needs, economic reconstruc- tion, repair of facilities, disarmament and Mr. DELAY. Mr. Speaker, issues like this America in the future no doubt will need its civil administration. one—first brought to our attention with a pas- brilliant businessmen and lawyers and poets, Pentagon spokesperson Bryan Whitman sion and eloquence only possible in a man but what good can such genius do without bril- said on Sunday the authority was hamstrung like Jerry Solomon—provide our democracy a liant admirals and generals to protect them? by ‘‘extraordinary conditions’’ under which valuable service: They cut through the fog of Mr. Speaker, it’s a shame this issue was it worked throughout it mission. spin and force us to tell the American people ever forced on us at all, but the vote on this ‘‘We simply disagree with the audit’s con- exactly where we stand. bill will help to clarify exactly what we each clusion that the CPA provided less than ade- Pure and simple, this bills says our armed mean when we say we support the troops. quate controls,’’ Whitman said. services—the Army, Navy, Air Force, Marines, We’ll finally see who among us really be- Turning over the money ‘‘was in keeping lieves the military deserves more than just lip with the CPA’s responsibility to transfer Coast Guard, and National Guard—should these funds and administrative responsibil- have the same right to recruit at colleges and service from those of us they protect. ities to the Iraqi ministries as an essential universities who receive federal funding as Votes like this, after all, remind us of one of part of restoring Iraqi governance’’. any other group. the great blessings of American democracy: The inspector general cited an Inter- Every year, thousands upon thousands of that unlike college professors, congressmen national Monetary Fund assessment in Octo- businesses, industries, non-profit groups, and don’t have tenure. ber, 2003 on the poor state of Iraqi govern- even other colleges recruit underclassmen to Ms. MCKINNEY. Mr. Speaker, this bill is lu- ment offices. The assessment found min- sign up to become investment bankers and dicrous on its face. istries suffered from staff shortages, poor se- At a time when billboards, TV ads, radio curity, disruptions in communications, dam- computer engineers or environmental lawyers age and looting of government buildings, and or medical students. spots, neighborhood recruiting offices, and lack of financial policies. And yet, some colleges—principally the slick brochures too numerous to count, flood CPA staff learned that 8,206 guards were on elitist and elite colleges—refuse to even allow our consciousness, this Sense of Congress the payroll at one ministry, but only 602 military recruiters on their campuses. resolution asserts that recruiting on college could be accounted for, the report said. At Such policies are obnoxious in times of campuses is a necessary part of military re- another ministry, U.S. officials found 1,417 peace, but they are simply intolerable in times cruitment. guards on the payroll but could only confirm of war, and the equal access of our military re- According to this resolution, the Pentagon 642. cruiters to federally funded colleges and uni- cares about cost-effectiveness; but the Pen- When staff members of the U.S. occupation government recommended that payrolls be versities must be protected. tagon has lost $2.3 trillion without explanation. verified before salary payments, CPA finan- But that, Mr. Speaker, is the easy part. It’s been shameful in its award of no-bid con- cial officials stated the CPA would rather The hard part is understanding why facilities tracts to insider corporations, and now, we’re overpay salaries than risk not paying em- and administrations of these colleges don’t told that $9 billion of Iraq money has been ployees and inciting violence,’’ the inspector want military recruiters on their campuses. ‘‘lost.’’ general said.

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.065 H02PT1 H324 CONGRESSIONAL RECORD — HOUSE February 2, 2005 The inspector general’s report rejected 2. The racketeers in the Pentagon refuse to women who serve in our Armed Services and Bremer’s criticism. It concluded that despite publish audited financial statements, yet are who sacrifice their lives for us. However, I also the war, ‘‘We believe the CPA management asking for more taxpayer money to fund support the upholding of the United States of Iraq’s national budget process and over- fraudulent missile systems and other sweet- sight of Iraqi funds was burdened by severe heart deals for their pals in the infamous Constitution and the respect for jurisprudence, inefficiencies and poor management.’’ Military-industrial-Medical Complex. and I believe it seriously damages our commit- 3. The Department of Housing and Urban ment to the three branches of government to OH, NO—PENTAGON LOSES $2.3 TRILLION Development (HUD) ‘‘lost’’ $59 billion in Fis- encourage the interference with judicial deci- (By Uri Dowbenko) cal Year 1999 and refuses to disclose what it sions before a final rendering of a final review FEBRUARY 17, 2002.—The Pentagon is still ‘‘lost’’ in Fiscal Year 2000. by the U.S. Supreme Court. the home of the highest grossing fraud on 4. The Internal Revenue Service (IRS) has Mr. FARR. Mr. Speaker, I come to the floor arranged contract kickbacks to its commis- Planet Earth—fraud so lucrative that even today in strong opposition to H. Con. Res. 36. the September 11 incident would not disturb sioner Charles O. Rossotti through so-called the insider-criminals. ‘‘ethical waivers’’ on his stock held in Amer- It is a standard practice for institutions of According to a CBS News story, the U.S. ican Management Services (AMS), a federal higher learning to include a non-discrimination Department of Defense cannot account for contracting firm he founded and which cur- policy as part of their mission. These policies $2.3 trillion of taxpayer money. [For that rently holds contracts with many federal affirm that they do not tolerate discrimination story, go to: ] entation. These non-discrimination policies On September 10, 2001, Secretary of De- giant Enron (he’s on the board of directors), fense Donald Rumsfeld promised change, but as well as Harvard University, whose were created so that all people in our country the next day the World Trade Center was de- Highfields Capital shorted Enron stock while have the opportunity to be an equal and re- stroyed. Shortly thereafter, the new phony it was a major shareholder, as well as the no- spected member of higher education commu- war on terrorism was inaugurated. It was an- torious DynCorp, which rakes in asset for- nities. other great reason for more military fraud, feiture funds in the United States, has lucra- Unfortunately the military has established a tive mercenary contracts in Colombia in the which would exceed all previous projections discriminatory policy, Don’t Ask Don’t Tell. and expectations. Rumsfeld’s promises of bogus War on Drugs, and whose other merce- ‘‘reform’’ were quickly forgotten. nary personnel are alleged to participate in This policy unfairly excludes homosexuals Today, despite the fact that Congress has the prostitution of teenage girls as part of from military service on the basis of their sex- not declared war against any enemy, Bush its ‘‘peacekeeping’’ mission in Bosnia. ual orientation alone. For example, numerous Administration rhetoric has produced a new Yikes. So what are we going to do? military linguists who are critically needed in ‘‘war on terrorism,’’ which has gobbled up Ms. JACKSON-LEE of Texas. Mr. Speaker, the Global War on Terrorism have been dis- more than $1 billion to date. I rise in support of our Armed Forces and in charged under Don’t Ask Don’t Tell. Sup- In fact, it could be said that the September porters of H. Con. Res. 36 say that denying 11 Incident was like the proverbial manna support of this nation’s continued efforts to from heaven for beleaguered defense contrac- give it the additional strength and stability it military recruiters access to college campuses tors. needs to keep our men and women safe. The is a national security threat, but they are com- George W. Bush has promoted this new war members of this House have joined their con- pletely missing the big picture. The real na- fraud by asking Congress for a fresh $48 bil- stituents in mourning the loss of life and inju- tional security threat is the Don’t Ask Don’t lion in new ‘‘defense’’ spending. ries sustained in the course of America’s war Tell policy that forces our military to discharge And in the Pentagon, large-scale military and subsequent occupation of Iraq for two gay servicemen and servicewomen regardless fraud continues apace. of their job performance. Rumsfeld himself has said that ‘‘according years. to some estimates, we cannot track $2.3 tril- Since the beginning of the Iraq war in March I strongly believe that the non-discrimination lion in transactions.’’ 2003, 1,423 members of the U.S. military have policies of colleges and universities should be This amount of $2.3 trillion amounts to died, which includes 1,084 as a result of hos- respected and I urge my colleagues to vote $8,000 for every man, woman and child in tile action and 333 of non-hostile causes. Fur- against this resolution. America. thermore, my District of Houston has experi- Mr. KLINE. Mr. Speaker, I yield back Instead of blaming Pentagon accountants, enced two deaths already since January; six however, the American people should under- the balance of my time. stand that privately held firms, which have deaths in 2004; five in 2003; and numerous in- federal contracts for so-called accounting juries over the course of the nation’s engage- b 1400 and computer systems (which coincidentally ment. never seem to work) are the real culprits. No doubt, Mr. Speaker, I fully support the The SPEAKER pro tempore (Mr. The liability for government fraud begins Armed Services. In the spirit of achieving the SHIMKUS). All time for debate has ex- and ends with these private contractors. goal of attracting the best and brightest can- pired. These ‘‘Beltway Bandits’’ with insider gov- didates for service, I join my colleague from Pursuant to House Resolution 59, the ernment connections are the most blatant California in advocating this legislation. How- unindicted white-collar criminals to date. concurrent resolution is considered Public money is most likely siphoned out ever, we must support our troops in accord- read and the previous question is or- through companies like DynCorp, AMS, and ance with the U.S. Constitution and with re- dered on the concurrent resolution and Lockheed Martin, which control the book- spect for civil rights and fundamental freedoms on the preamble. keeping for federal agencies, where fraud is that are the rubric of this nation. The question is on the concurrent rampant, unchecked and very lucrative for When the House debated H.R. 3966, which resolution. corporate and government insiders. would allow for the denial of federal funds for The question was taken; and the The fraud is so egregious, in fact, that the educational institutions unless military recruit- sovereignty of the nation itself can be ques- Speaker pro tempore announced that tioned when bogus accounting systems can ers are provided access to the campuses of the ayes appeared to have it. these institutions, I voted ‘‘yes’’ on passage of mask the revenue streams and expenditures Mr. KLINE. Mr. Speaker, on that I the measure with the understanding that no of federal agencies to such an extent. demand the yeas and nays. Government? What government? Like Constitutional contravention would result from parasites which have overwhelmed the host, its implementation. The yeas and nays were ordered. corrupt private contractors who control fed- The resolution that is before the House The SPEAKER pro tempore. Pursu- eral accounting and computer systems (as today, however, is controversial because the ant to clause 8 of rule XX, this 15- well as their bureaucratic cohorts in crime) final disposition of underlying federal jurispru- minute vote on agreeing to House con- have decimated U.S. Government agencies current resolution 36 will be followed into a state resembling bankruptcy. dence could play a major role clarifying the The usual suspects are a literal handful of way we apply Constitutional principles to an by 5-minute votes on the motion to federal contracting firms with lucrative in- act of Congress. The holding in Forum for suspend the rules and agree to House sider deals that have become outrageously Academic and Institutional Rights v. Rumsfeld Resolution 56; the motion to suspend brazen in their schemes of fraud. tells us that we must be very careful in the the rules and agree to House Resolu- The amount of taxpayer monies they have way we regulate society so as not to violate tion 57; and agreeing to House Resolu- stolen is mind-boggling. tion 60. Consider these facts: fundamental rights. (390 F.3d 219 (3rd Cir. 1. The Department of Defense (DoD) ‘‘lost’’ 2004)). The vote was taken by electronic de- $1.1 trillion in Fiscal Year 2000 and $2.3 tril- So, Mr. Speaker, I do support the intent of vice, and there were—yeas 327, nays 84, lion in Fiscal Year 1999. this legislation because I honor the men and not voting 22, as follows:

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.029 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H325 [Roll No. 16] Skelton Taylor (MS) Walsh The Clerk read the title of the resolu- Slaughter Taylor (NC) Wamp YEAS—327 Smith (TX) Terry Weldon (FL) tion. Smith (WA) Thomas Weller The SPEAKER pro tempore. The Aderholt Evans Mack Snyder Thompson (MS) Westmoreland Akin Everett Manzullo question is on the motion offered by Sodrel Thornberry Whitfield Alexander Feeney Marchant the gentlewoman from Florida (Ms. Souder Tiahrt Wicker Andrews Ferguson Marshall Stearns Tiberi Wilson (NM) ROS-LEHTINEN) that the House suspend Baca Fitzpatrick (PA) Matheson Strickland Turner Wilson (SC) the rules and agree to the resolution, Bachus Flake McCarthy Sullivan Udall (CO) Wolf H. Res. 56, on which the yeas and nays Baird Foley McCaul (TX) Sweeney Upton Wu Baker Forbes McCollum (MN) Tancredo Van Hollen Wynn are ordered. Barrett (SC) Fortenberry McCotter Tanner Visclosky Young (AK) Pursuant to clause 8 of rule XX, the Barrow Fossella McCrery Tauscher Walden (OR) Young (FL) Bartlett (MD) Foxx McHenry remainder of this series of votes will be Barton (TX) Franks (AZ) McHugh NAYS—84 conducted as 5-minute votes. Bass Frelinghuysen McIntyre Abercrombie Hinchey Pallone The vote was taken by electronic de- Bean Gallegly McKeon Ackerman Holt Pascrell vice, and there were—yeas 415, nays 1, Beauprez Garrett (NJ) McMorris Allen Honda Pastor not voting 17, as follows: Berkley Gerlach McNulty Baldwin Jackson (IL) Payne Berry Gibbons Meek (FL) Becerra Jackson-Lee Pelosi [Roll No. 17] Biggert Gilchrest Melancon Berman (TX) Rahall YEAS—415 Bishop (GA) Gillmor Menendez Blumenauer Johnson, E. B. Rangel Bishop (NY) Gingrey Mica Brady (PA) Kilpatrick (MI) Roybal-Allard Abercrombie Cox Harman Bishop (UT) Gohmert Millender- Brown (OH) Kucinich Sabo Ackerman Cramer Harris Blackburn Gonzalez McDonald Capps Lee Sa´ nchez, Linda Aderholt Crenshaw Hart Blunt Goode Miller (FL) Capuano Levin T. Akin Crowley Hastings (FL) Boehlert Goodlatte Miller (MI) Clay Lewis (GA) Sanders Alexander Cubin Hastings (WA) Boehner Gordon Miller (NC) Conyers Lofgren, Zoe Schakowsky Andrews Cuellar Hayes Bonilla Granger Miller, Gary Crowley Lynch Scott (VA) Baca Culberson Hayworth Bonner Graves Moore (KS) Cummings Maloney Serrano Bachus Cummings Hefley Bono Green (WI) Moran (VA) Davis (IL) Markey Solis Baird Cunningham Hensarling Boozman Gutknecht Murphy DeGette McDermott Stark Baker Davis (AL) Herger Boren Hall Murtha Delahunt McGovern Thompson (CA) Baldwin Davis (CA) Herseth Boswell Harman Musgrave DeLauro McKinney Tierney Barrett (SC) Davis (FL) Higgins Boucher Harris Myrick Emanuel Meehan Vela´ zquez Barrow Davis (IL) Hinchey Boustany Hart Napolitano Engel Meeks (NY) Wasserman Bartlett (MD) Davis (KY) Hinojosa Boyd Hastings (WA) Neugebauer Farr Michaud Schultz Barton (TX) Davis (TN) Hobson Bradley (NH) Hayes Ney Fattah Miller, George Waters Bass Davis, Jo Ann Hoekstra Brady (TX) Hayworth Norwood Filner Mollohan Watson Bean Davis, Tom Holden Brown (SC) Hefley Nunes Frank (MA) Nadler Watt Beauprez Deal (GA) Holt Brown-Waite, Hensarling Nussle Green, Al Neal (MA) Waxman Becerra DeFazio Honda Ginny Herger Ortiz Grijalva Oberstar Weiner Berkley DeGette Hooley Burgess Herseth Osborne Gutierrez Olver Wexler Berman Delahunt Hostettler Burton (IN) Higgins Otter Hastings (FL) Owens Woolsey Berry DeLauro Hoyer Butterfield Hinojosa Oxley Biggert DeLay Hulshof Buyer Hobson Paul NOT VOTING—22 Bishop (GA) Dent Hunter Calvert Hoekstra Pearce Bishop (NY) Diaz-Balart, L. Inglis (SC) Bilirakis Hyde Smith (NJ) Camp Holden Pence Bishop (UT) Dicks Inslee Brown, Corrine Moore (WI) Spratt Cannon Hooley Peterson (MN) Blackburn Doggett Israel Carson Moran (KS) Stupak Cantor Hostettler Peterson (PA) Blumenauer Doolittle Issa Diaz-Balart, M. Northup Capito Hoyer Petri Towns Blunt Doyle Istook Dingell Obey Cardin Hulshof Pickering Udall (NM) Boehlert Drake Jackson (IL) Eshoo Rothman Cardoza Hunter Pitts Weldon (PA) Boehner Dreier Jackson-Lee Ford Royce Carnahan Inglis (SC) Platts Bonilla Duncan (TX) Green, Gene Rush Carter Inslee Poe Bonner Edwards Jefferson Case Israel Pombo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bono Ehlers Jenkins Castle Issa Pomeroy The SPEAKER pro tempore (Mr. Boozman Emanuel Jindal Chabot Istook Porter Boren Emerson Johnson (CT) Chandler Jefferson Portman SHIMKUS) (during the vote). Members Boswell Engel Johnson (IL) Chocola Jenkins Price (GA) are advised that there are 2 minutes re- Boucher English (PA) Johnson, E. B. Cleaver Jindal Price (NC) maining in this vote. Boustany Etheridge Johnson, Sam Clyburn Johnson (CT) Pryce (OH) Boyd Evans Jones (NC) Coble Johnson (IL) Putnam b 1424 Bradley (NH) Everett Jones (OH) Cole (OK) Johnson, Sam Radanovich Brady (PA) Farr Kanjorski Conaway Jones (NC) Ramstad Mr. RAHALL, Mr. MEEKS of New Brown (OH) Fattah Kaptur Cooper Jones (OH) Regula York, Mr. ABERCROMBIE and Mr. Brown (SC) Feeney Keller Costa Kanjorski Rehberg MEEHAN changed their vote from Brown-Waite, Ferguson Kelly Costello Kaptur Reichert Ginny Filner Kennedy (MN) Cox Keller Renzi ‘‘yea’’ to ‘‘nay.’’ Burgess Fitzpatrick (PA) Kennedy (RI) Cramer Kelly Reyes Mr. DICKS and Mr. HAYES changed Burton (IN) Flake Kildee Crenshaw Kennedy (MN) Reynolds their vote from ‘‘nay’’ to ‘‘yea.’’ Butterfield Foley Kilpatrick (MI) Cubin Kennedy (RI) Rogers (AL) So the resolution was agreed to. Buyer Forbes Kind Cuellar Kildee Rogers (KY) Calvert Ford King (IA) Culberson Kind Rogers (MI) The result of the vote was announced Camp Fortenberry King (NY) Cunningham King (IA) Rohrabacher as above recorded. Cannon Fossella Kingston Davis (AL) King (NY) Ros-Lehtinen A motion to reconsider was laid on Cantor Foxx Kirk Davis (CA) Kingston Ross the table. Capito Frank (MA) Kline Davis (FL) Kirk Ruppersberger Capps Franks (AZ) Knollenberg Davis (KY) Kline Ryan (OH) Stated against: Capuano Frelinghuysen Kolbe Davis (TN) Knollenberg Ryan (WI) Ms. CARSON of Indiana. Mr. Speaker, on Cardin Gallegly Kucinich Davis, Jo Ann Kolbe Ryun (KS) rollcall No. 16, my card didn’t register while I Cardoza Garrett (NJ) Kuhl (NY) Davis, Tom Kuhl (NY) Salazar Carnahan Gerlach LaHood Deal (GA) LaHood Sanchez, Loretta was on the floor. Had I been present, I would Carson Gibbons Langevin DeFazio Langevin Saxton have voted ‘‘no.’’ Carter Gilchrest Lantos DeLay Lantos Schiff Ms. MOORE of Wisconsin. Mr. Speaker, on Case Gillmor Larsen (WA) Dent Larsen (WA) Schwartz (PA) rollcall No. 16, had I been present, I would Castle Gingrey Larson (CT) Diaz-Balart, L. Larson (CT) Schwarz (MI) Chabot Gohmert Latham Dicks Latham Scott (GA) have voted ‘‘no.’’ Chandler Gonzalez LaTourette Doggett LaTourette Sensenbrenner f Chocola Goode Leach Doolittle Leach Sessions Clay Goodlatte Lee Doyle Lewis (CA) Shadegg COMMENDING PALESTINIAN PEO- Cleaver Gordon Levin Drake Lewis (KY) Shaw PLE FOR HOLDING FREE AND Clyburn Granger Lewis (CA) Dreier Linder Shays FAIR PRESIDENTIAL ELECTION Coble Graves Lewis (GA) Duncan Lipinski Sherman Cole (OK) Green (WI) Lewis (KY) Edwards LoBiondo Sherwood The SPEAKER pro tempore. The Conaway Green, Al Linder Ehlers Lowey Shimkus pending business is the question of sus- Conyers Grijalva Lipinski Emerson Lucas Shuster Cooper Gutierrez LoBiondo English (PA) Lungren, Daniel Simmons pending the rules and agreeing to the Costa Gutknecht Lofgren, Zoe Etheridge E. Simpson resolution, H. Res. 56. Costello Hall Lowey

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.039 H02PT1 H326 CONGRESSIONAL RECORD — HOUSE February 2, 2005 Lucas Pascrell Shimkus URGING THE EUROPEAN UNION TO Kingston Nadler Scott (VA) Lungren, Daniel Pastor Shuster MAINTAIN ITS ARMS EMBARGO Kirk Napolitano Sensenbrenner E. Payne Simmons Kline Neal (MA) Serrano Lynch Pearce Simpson ON THE PEOPLE’S REPUBLIC OF Knollenberg Neugebauer Sessions Mack Pelosi Skelton CHINA Kolbe Ney Shadegg Maloney Pence Slaughter Kucinich Norwood Shaw Manzullo Peterson (MN) Smith (NJ) The SPEAKER pro tempore (Mr. Kuhl (NY) Nunes Shays Marchant Peterson (PA) Smith (TX) SHIMKUS). The pending business is the LaHood Nussle Sherman Markey Petri Smith (WA) question of suspending the rules and Langevin Obey Sherwood Marshall Pickering Snyder Lantos Olver Shimkus Matheson Pitts agreeing to the resolution, H. Res. 57. Sodrel Larsen (WA) Ortiz Shuster McCarthy Platts The Clerk read the title of the resolu- Larson (CT) Osborne Simmons Solis McCaul (TX) Poe Latham Otter Simpson Souder tion. McCollum (MN) Pombo LaTourette Owens Skelton Spratt McCotter Pomeroy The SPEAKER pro tempore. The Leach Oxley Slaughter McCrery Porter Stark question is on the motion offered by Lee Pallone Smith (NJ) McDermott Portman Stearns the gentleman from California (Mr. Levin Pascrell Smith (TX) Strickland McGovern Price (GA) GALLEGLY) that the House suspend the Lewis (CA) Pastor Smith (WA) McHenry Price (NC) Sullivan Lewis (GA) Payne Snyder McHugh Pryce (OH) Sweeney rules and agree to the resolution, H. Lewis (KY) Pearce Sodrel McIntyre Putnam Tancredo Res. 57, on which the yeas and nays are Linder Pelosi Solis McKeon Radanovich Tanner ordered. Lipinski Pence Souder McKinney Rahall Tauscher LoBiondo Peterson (MN) Spratt McMorris Ramstad Taylor (MS) This will be a 5-minute vote. Lofgren, Zoe Peterson (PA) Stark McNulty Rangel Taylor (NC) The vote was taken by electronic de- Lowey Petri Stearns Meehan Regula Terry vice, and there were—yeas 411, nays 3, Lucas Pickering Strickland Meek (FL) Rehberg Thomas not voting 19, as follows: Lungren, Daniel Pitts Sullivan Meeks (NY) Reichert Thompson (CA) E. Platts Sweeney Melancon Renzi Thompson (MS) [Roll No. 18] Lynch Poe Tancredo Menendez Reyes Thornberry YEAS—411 Mack Pombo Tanner Mica Reynolds Tiahrt Maloney Pomeroy Tauscher Abercrombie Clay Gibbons Michaud Rogers (AL) Tiberi Marchant Porter Taylor (MS) Ackerman Cleaver Gilchrest Millender- Rogers (KY) Tierney Markey Portman Taylor (NC) Aderholt Clyburn Gillmor McDonald Rogers (MI) Turner Marshall Price (GA) Terry Akin Coble Gingrey Miller (FL) Rohrabacher Udall (CO) Matheson Price (NC) Thomas Alexander Cole (OK) Gohmert Miller (MI) Ros-Lehtinen Upton McCarthy Pryce (OH) Thompson (CA) Miller (NC) Ross Allen Conaway Gonzalez McCaul (TX) Putnam Thompson (MS) Van Hollen Andrews Conyers Goode Miller, Gary Roybal-Allard ´ McCollum (MN) Radanovich Thornberry Velazquez Baca Cooper Goodlatte Miller, George Royce Visclosky McCotter Rahall Tiberi Mollohan Ruppersberger Bachus Costa Gordon McCrery Ramstad Tierney Walden (OR) Baird Costello Granger Moore (KS) Ryan (OH) Walsh McDermott Rangel Turner Moore (WI) Ryan (WI) Baker Cox Graves Wamp McGovern Regula Udall (CO) Moran (VA) Ryun (KS) Baldwin Cramer Green (WI) McHenry Rehberg Upton Wasserman Murphy Sabo Barrett (SC) Crenshaw Green, Al McHugh Reichert Van Hollen Schultz Murtha Salazar Barrow Crowley Grijalva McIntyre Renzi Vela´ zquez Waters Musgrave Sa´ nchez, Linda Bartlett (MD) Cubin Gutierrez McKeon Reyes Visclosky Watson Myrick T. Barton (TX) Cuellar Gutknecht McMorris Reynolds Walden (OR) Watt Nadler Sanchez, Loretta Bass Culberson Hall McNulty Rogers (AL) Walsh Waxman Napolitano Sanders Bean Cummings Harman Meehan Rogers (KY) Wamp Neal (MA) Saxton Weiner Beauprez Cunningham Harris Meek (FL) Rohrabacher Wasserman Neugebauer Schakowsky Weldon (FL) Becerra Davis (AL) Hart Meeks (NY) Ros-Lehtinen Schultz Ney Schiff Weller Berkley Davis (CA) Hastings (FL) Melancon Ross Waters Norwood Schwartz (PA) Westmoreland Berman Davis (FL) Hastings (WA) Menendez Roybal-Allard Watson Nunes Schwarz (MI) Wexler Berry Davis (IL) Hayes Mica Royce Watt Nussle Scott (GA) Whitfield Biggert Davis (TN) Hayworth Michaud Ruppersberger Waxman Oberstar Scott (VA) Wicker Bishop (GA) Davis, Jo Ann Hefley Millender- Ryan (OH) Weiner Obey Sensenbrenner Wilson (NM) Bishop (NY) Davis, Tom Hensarling McDonald Ryan (WI) Weldon (FL) Olver Serrano Wilson (SC) Bishop (UT) Deal (GA) Herger Miller (FL) Ryun (KS) Weller Ortiz Sessions Wolf Blackburn DeFazio Herseth Miller (MI) Sabo Westmoreland Osborne Shadegg Woolsey Blumenauer DeGette Higgins Miller (NC) Salazar Wexler Otter Shaw Wu Blunt Delahunt Hinchey Miller, Gary Sa´ nchez, Linda Whitfield Owens Shays Wynn Boehlert DeLauro Hinojosa Miller, George T. Wicker Oxley Sherman Young (AK) Boehner DeLay Hobson Mollohan Sanchez, Loretta Wilson (NM) Pallone Sherwood Young (FL) Bonilla Dent Hoekstra Moore (KS) Sanders Wilson (SC) Bonner Diaz-Balart, L. Holden Moore (WI) Saxton Wolf NAYS—1 Bono Dicks Holt Moran (VA) Schakowsky Woolsey Paul Boozman Doggett Honda Murphy Schiff Wu Boren Doolittle Hooley Murtha Schwartz (PA) Wynn NOT VOTING—17 Boswell Doyle Hostettler Musgrave Schwarz (MI) Young (AK) Boucher Drake Hoyer Allen Eshoo Rush Myrick Scott (GA) Young (FL) Boustany Dreier Hulshof Bilirakis Green, Gene Stupak Boyd Duncan Hunter NAYS—3 Brady (TX) Hyde Towns Bradley (NH) Edwards Inglis (SC) Brown, Corrine Moran (KS) McKinney Oberstar Paul Udall (NM) Brady (PA) Ehlers Inslee Diaz-Balart, M. Northup Weldon (PA) Brady (TX) Emanuel Israel NOT VOTING—19 Dingell Rothman Brown (OH) Emerson Issa Bilirakis Hyde Stupak ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown (SC) Engel Istook Brown, Corrine Manzullo Tiahrt Brown-Waite, English (PA) Jackson (IL) Davis (KY) Moran (KS) Towns The SPEAKER pro tempore (during Ginny Etheridge Jackson-Lee Diaz-Balart, M. Northup Udall (NM) the vote). Members are advised there Burgess Evans (TX) Dingell Rogers (MI) Weldon (PA) are 2 minutes remaining in this vote. Burton (IN) Everett Jefferson Eshoo Rothman Butterfield Farr Jenkins Green, Gene Rush b 1434 Buyer Fattah Jindal Calvert Feeney Johnson (CT) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ms. BERKLEY changed her vote from Camp Ferguson Johnson (IL) The SPEAKER pro tempore (during ‘‘nay’’ to ‘‘yea.’’ Cannon Filner Johnson, E. B. the vote). Members are advised there So (two-thirds having voted in favor Cantor Fitzpatrick (PA) Johnson, Sam are 2 minutes remaining in this vote. thereof) the rules were suspended and Capito Flake Jones (NC) Capps Foley Jones (OH) the resolution was agreed to. Capuano Forbes Kanjorski b 1442 The result of the vote was announced Cardin Ford Kaptur So (two-thirds having voted in favor as above recorded. Cardoza Fortenberry Keller Carnahan Fossella Kelly thereof) the rules were suspended and A motion to reconsider was laid on Carson Foxx Kennedy (MN) the resolution was agreed to. the table. Carter Frank (MA) Kennedy (RI) The result of the vote was announced Stated for: Case Franks (AZ) Kildee as above recorded. Mr. BRADY of Texas. Mr. Speaker, on roll- Castle Frelinghuysen Kilpatrick (MI) A motion to reconsider was laid on Chabot Gallegly Kind call vote No. 17, I was inadvertently detained. Chandler Garrett (NJ) King (IA) the table. Had I been present, I would have voted ‘‘yea.’’ Chocola Gerlach King (NY) Stated for:

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.041 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H327 Mr. TIAHRT. Mr. Speaker, on rollcall vote Honda Meek (FL) Sabo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE No. 18, I was inadvertently detained. Had I Hooley Meeks (NY) Salazar The SPEAKER pro tempore (during Hostettler Melancon Sa´ nchez, Linda been present, I would have voted ‘‘yea.’’ Hoyer Menendez T. the vote). Members are advised there Mr. ROGERS of Michigan. Mr. Speaker, on Hulshof Mica Sanchez, Loretta are 2 minutes remaining in this vote. Hunter Michaud Sanders rollcall vote No. 18, I was unavoidably de- b 1452 tained. Had I been present, I would have Inglis (SC) Millender- Saxton Inslee McDonald Schakowsky voted ‘‘yea.’’ So the resolution was agreed to. Israel Miller (FL) Schiff The result of the vote was announced Mr. DAVIS of Kentucky. Mr. Speaker, on Issa Miller (MI) Schwartz (PA) rollcall vote No. 18, I was unable to cast my Istook Miller (NC) Schwarz (MI) as above recorded. vote. Had I been able to vote, I would have Jackson (IL) Miller, Gary Scott (GA) A motion to reconsider was laid on Jackson-Lee Miller, George voted ‘‘yea.’’ Scott (VA) the table. (TX) Mollohan Sensenbrenner Jefferson Moore (KS) Serrano f f Jenkins Moore (WI) Sessions PERSONAL EXPLANATION Jindal Moran (VA) Shadegg RELATING TO FREE ELECTION IN Johnson (CT) Murphy Shaw Mrs. NORTHUP. Mr. Speaker, due to a IRAQ HELD ON JANUARY 30, 2005 Johnson (IL) Murtha Shays death in my family, I was unable to participate Johnson, E. B. Musgrave Sherman in today’s votes. Had I been present, I would The SPEAKER pro tempore. The Johnson, Sam Myrick Sherwood pending business is the question of Jones (NC) Nadler Shimkus have voted ‘‘yea’’ on all four of today’s re- agreeing to the resolution, House Reso- Jones (OH) Napolitano Shuster corded votes. Kanjorski Neal (MA) Simmons lution 60, on which the yeas-and-nays Kaptur Neugebauer f were ordered. Simpson Keller Ney Skelton PERSONAL EXPLANATION The Clerk read the title of the resolu- Kennedy (MN) Norwood Slaughter tion. Kennedy (RI) Nunes Smith (NJ) Mr. HYDE. Mr. Speaker, on the afternoon of The SPEAKER pro tempore. The Kildee Nussle Smith (TX) February 1 and February 2, 2005, I was ab- Kilpatrick (MI) Oberstar question is on the resolution. Smith (WA) sent for several votes and regret missing Kind Obey Snyder King (IA) them. Had I been present, I would have voted: This is a 5-minute vote. Olver Sodrel King (NY) Ortiz The vote was taken by electronic de- Solis Vote No. 14, Honoring the contributions of Kingston Osborne vice, and there were—yeas 404, nays 9, Souder Catholic Schools—‘‘yea’’; No. 15, Dalip Singh Kirk Otter Spratt Saund Post Office Building Designation— answered ‘‘present’’ 3, not voting 18, as Kline Oxley Stearns follows: Knollenberg Pallone ‘‘yea’’; No. 16, Expressing the continued sup- Strickland Kolbe Pascrell port of Congress for equal access of military [Roll No. 19] Sullivan Kuhl (NY) Pastor Tancredo recruiters to institutions of higher education— YEAS—404 LaHood Pearce Tanner ‘‘yea’’; No. 17, Commending the Palestinian Abercrombie Capuano English (PA) Langevin Pelosi Tauscher Ackerman Cardin Etheridge Lantos Pence people for conducting a free and fair presi- Taylor (MS) Aderholt Cardoza Evans Larsen (WA) Peterson (MN) dential election—‘‘yea’’; No. 18, Expressing Taylor (NC) Akin Carnahan Everett Larson (CT) Peterson (PA) Terry the strong concern of the House of Represent- Alexander Carson Farr Latham Petri Thomas atives that the European Union may end its Allen Carter Fattah LaTourette Pickering Thompson (CA) Andrews Case Feeney Leach Pitts embargo against the Peoples Republic of Baca Castle Ferguson Levin Platts Thompson (MS) China—‘‘yea’’; and No. 19, Relating to the free Bachus Chabot Filner Lewis (CA) Poe Thornberry election in Iraq held on January 30, 2005— Tiahrt Baird Chandler Fitzpatrick (PA) Lewis (KY) Pombo ‘‘yea.’’ Baker Chocola Flake Linder Pomeroy Tiberi Baldwin Clay Foley Lipinski Porter Tierney f Barrett (SC) Cleaver Forbes LoBiondo Portman Turner Barrow Clyburn Ford Lofgren, Zoe Price (GA) Udall (CO) GENERAL LEAVE Bartlett (MD) Coble Fortenberry Lowey Price (NC) Upton Mr. KLINE. Mr. Speaker, I ask unan- Barton (TX) Cole (OK) Fossella Lucas Pryce (OH) Van Hollen Bass Conaway Foxx imous consent that all Members may Lungren, Daniel Putnam Vela´ zquez Bean Conyers Frank (MA) E. Radanovich Visclosky have 5 legislative days within which to Beauprez Cooper Franks (AZ) Lynch Rahall Walden (OR) revise and extend their remarks and in- Becerra Costa Frelinghuysen Mack Ramstad Walsh Berkley Costello Gallegly clude extraneous material on House Maloney Rangel Wamp Berman Cox Garrett (NJ) Concurrent Resolution 36, previously Manzullo Regula Wasserman Berry Cramer Gerlach Marchant Rehberg Schultz passed in this series of votes. Biggert Crenshaw Gibbons Watt Bishop (GA) Crowley Gilchrest Markey Reichert The SPEAKER pro tempore (Mr. Waxman Bishop (NY) Cubin Gillmor Marshall Renzi SHIMKUS). Is there objection to the re- Weiner Bishop (UT) Cuellar Gingrey Matheson Reyes Weldon (FL) quest of the gentleman from Min- Blackburn Culberson Gohmert McCarthy Reynolds Weller nesota? Blumenauer Cummings Gonzalez McCaul (TX) Rogers (AL) Blunt Cunningham Goode McCollum (MN) Rogers (KY) Westmoreland There was no objection. McCotter Rogers (MI) Wexler Boehlert Davis (AL) Goodlatte f Boehner Davis (CA) Granger McCrery Rohrabacher Whitfield Bonilla Davis (FL) Graves McGovern Ros-Lehtinen Wicker LEGISLATIVE PROGRAM Bonner Davis (IL) Green (WI) McHenry Ross Wilson (NM) Bono Davis (KY) Green, Al McHugh Roybal-Allard Wilson (SC) (Mr. HOYER asked and was given Boozman Davis (TN) Grijalva McIntyre Royce Wolf permission to address the House for 1 Boren Davis, Jo Ann Gutierrez McKeon Ruppersberger Wu minute.) Boswell Davis, Tom Gutknecht McMorris Ryan (OH) Wynn Boucher Deal (GA) Hall McNulty Ryan (WI) Young (AK) Mr. HOYER. Mr. Speaker, I take this Boustany DeFazio Harman Meehan Ryun (KS) Young (FL) time for the purpose of inquiring of the Boyd DeGette Harris majority leader the schedule for the Bradley (NH) Delahunt Hart NAYS—9 Brady (PA) DeLauro Hastert week to come. Brady (TX) DeLay Hastings (FL) Kucinich McKinney Waters Mr. DELAY. Mr. Speaker, will the Brown (OH) Dent Hastings (WA) Lee Paul Watson gentleman yield? McDermott Stark Woolsey Brown (SC) Diaz-Balart, L. Hayes Mr. HOYER. Mr. Speaker, I would be Brown-Waite, Dicks Hayworth Ginny Doggett Hefley ANSWERED ‘‘PRESENT’’—3 pleased to yield to my friend, the gen- Burgess Doolittle Hensarling Lewis (GA) Owens Payne tleman from Texas, the majority lead- Burton (IN) Doyle Herger er, for the purposes of informing us of Butterfield Drake Herseth NOT VOTING—18 Buyer Dreier Higgins the schedule. Calvert Duncan Hinchey Bilirakis Green, Gene Rush Mr. DELAY. Mr. Speaker, I thank the Camp Edwards Hinojosa Brown, Corrine Hyde Stupak distinguished whip, the gentleman Cannon Ehlers Hobson Diaz-Balart, M. Kelly Sweeney from Maryland, for yielding to me. Cantor Emanuel Hoekstra Dingell Moran (KS) Towns Capito Emerson Holden Eshoo Northup Udall (NM) Mr. Speaker, the House will convene Capps Engel Holt Gordon Rothman Weldon (PA) on Tuesday at 2 p.m. for legislative

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.045 H02PT1 H328 CONGRESSIONAL RECORD — HOUSE February 2, 2005 business. We will consider several the 107th Congress, is a very high pri- very, very useful to accomplishing an measures under suspension of the rules. ority for this year. There is a good objective as opposed to simply passing A final list of those bills will be sent to chance that we could consider a na- a bill that then languishes in the Con- Members’ offices by the end of the tional energy policy bill before the gress and never gets to the President. week. Any votes called on those meas- Presidents’ Day district work period. If, in fact, we consider that, and it ures will be rolled until 6:30 p.m. Mr. HOYER. Mr. Leader, I might say sounds to me like we certainly do not On Wednesday and Thursday, the that I think all of us understand the have enough information to determine House will convene at 10 a.m. We likely importance of energy legislation. All of whether or not the week after next the will consider additional legislation us understand the necessity to become energy bill might be on the floor, but if under suspension of the rules, as well energy independent. I would suggest, in and when it comes to the floor, Mr. as H.R. 418, the Real ID Act of 2005. that framework, that I think person- Leader, would you contemplate the Finally, I would like to remind Mem- ally that we can pass an energy bill. possibility of having an open rule on bers that we do not plan, do not plan, Obviously, there are some items that that piece of legislation, given its im- to have votes next Friday, February 11. are in the energy bill or that are pro- portance and scope? And I thank the gentleman for yield- posed for the energy bill that have sig- I am happy to yield to the gentleman ing to me, and I would be happy to an- nificant opposition on one side of the for a response, Mr. Speaker. swer any questions he may have. aisle or the other. Mr. HOYER. Mr. Speaker, reclaiming I would hope, Mr. Leader, if we could, Mr. DELAY. I appreciate the gen- my time, I thank the gentleman for the in working with the various committee tleman yielding to me, Mr. Speaker. schedule. Chairs, and I suppose most primarily We have not discussed any rule. Ac- With reference to the Real ID bill, the gentleman from Texas (Mr. BAR- tually, we are discussing with the rel- Mr. Leader, can you tell us at this TON) and the gentleman from Michigan evant committee chairmen whether we point in time the type of rule that that (Mr. DINGELL) in this respect, to come can get it that quickly or not. But I will be considered under; and, in par- to as bipartisan an agreement on the would imagine that the Committee on ticular, what amendments, not nec- substance of that bill so that we could Rules would have the same sort of rule essarily specific amendments, but see it not just pass through the House that we have had on this bill for the whether amendments will be allowed, of Representatives, which may be in- last couple of years. So I would not see motions to recommit, and items of teresting in terms of the political anything changing. that nature. claim that we passed it, but which does Mr. HOYER. Mr. Speaker, I would Mr. DELAY. Mr. Speaker, if the gen- nothing for our energy independence, hope on that bill, because of its great tleman will continue to yield, I would which is, I think, our objective. importance to the security of the Na- assume that the Committee on Rules So I would hope that we could deal tion and to all of our consumers of en- would follow a process similar to the with this in as bipartisan a fashion as ergy, which is to say all of us, that we one that they followed for the rest of possible so that when we send it to the would have as broad a consideration of the 9/11 Commission’s recommenda- other body that we may have more suc- it as possible so that we could get tions, and that is to have a structured cess there, more success out of con- everybody’s ideas put on the floor, rule that allows for a variety of amend- ference, and send a bill to the Presi- voted up or down, and move the bill ments. But I will let the chairman of dent that will facilitate both energy with as big a consensus as we can ac- the Committee on Rules make an- independence and the effective and effi- complish. nouncements on that and reserve deci- cient discovery, development, and de- Mr. Speaker, I thank the majority sions for the committee on what those livery at retail to the consumer of en- leader. amendments will be. ergy options. I do not know whether I can tell the gentleman that we are you want to say anything. f contemplating, although actions by the Mr. DELAY. Well, Mr. Speaker, if the Committee on Rules will need to be gentleman will continue to yield, I taken, contemplating a rule that would would just say that the gentleman is DISPENSING WITH CALENDAR merge the border security bill into an- right. We will try our best to reach out WEDNESDAY BUSINESS ON other bill, another must-pass piece of and make this bill as bipartisan as pos- WEDNESDAY NEXT legislation, not knowing what that sible. Mr. DELAY. Mr. Speaker, I ask unan- would be. But, obviously, the supple- I would just remind the gentleman imous consent that the business in ment could be a candidate for that. that this bill, this energy package, has order under the Calendar Wednesday Mr. HOYER. Mr. Speaker, reclaiming passed, I cannot recall every time, but rule be dispensed with on Wednesday my time once again, I presume the gen- many times in the last Congress; and it next. even passed this House as a conference tleman is talking about merged at The SPEAKER pro tempore. Is there report. Each time that the energy bill some later date. Obviously, the must- objection to the request of the gen- has gone through this House, whether pass bill would not be available next tleman from Texas? week. Am I correct? it be the House bill or in the conference Mr. DELAY. That is correct. report, it has enjoyed a very large There was no objection. Mr. HOYER. So the gentleman is Democrat vote. talking about merging it at some time So, yes, I would hope that the chair- f in the future after passage? men of the respective committees that Mr. DELAY. That is correct. have a piece of this bill, and I would CONDITIONAL ADJOURNMENT TO Mr. HOYER. Mr. Leader, with respect also remind the gentleman that the FRIDAY, FEBRUARY 4, 2005 to the energy bill, it is my under- Committee on Ways and Means has a standing that there is some discussion very big piece of this bill, would reach Mr. DELAY. Mr. Speaker, I ask unan- that the energy bill may proceed not out to their ranking members and imous consent that when the House ad- next week but the week following. Can work to put together as bipartisan a journs today, it adjourn to meet at 2 you tell me whether that is a reason- bill as possible. p.m. on Friday, February 4, 2005, unless able possibility, or probability? Mr. HOYER. Mr. Speaker, I thank it sooner has received a message from the Senate transmitting its concur- Mr. DELAY. We are contemplating the gentleman for referencing the Com- several major pieces of legislation that mittee on Ways and Means, but I cer- rence in House Concurrent Resolution we would hope to complete before the tainly agree with him that having the 39, in which case the House shall stand adjourned pursuant to that concurrent Easter break, and we are also contem- gentleman from California (Mr. THOM- resolution. plating several bills that we con- AS) and the gentleman from New York template completing prior to the Presi- (Mr. RANGEL) work closely together, The SPEAKER pro tempore. Is there dents’ Day district work period. and perhaps their respective Chairs of objection to the request of the gen- The comprehensive energy bill, which the subcommittees that might deal tleman from Texas? we passed in the last Congress and in with that work together, would be There was no objection.

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.076 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H329 b 1500 uary 4, 2005, and under a previous order guerilla war against the occupation SOCIAL SECURITY TELE-SCARE of the House, the following Members forces. These guerilla attacks foiled TACTICS will be recognized for 5 minutes each. the plans of the Japanese for a quick f takeover of the region and allowed the (Mrs. GINNY BROWN-WAITE of United States the needed time to re- Florida asked and was given permis- The SPEAKER pro tempore. Under a previous order of the House, the gen- group to defeat the invading army. sion to address the House for 1 minute After the liberation of the Phil- and to revise and extend her remarks.) tleman from Indiana (Mr. BURTON) is recognized for 5 minutes. ippines, the United States used the Mrs. GINNY BROWN-WAITE of Flor- strategically located Commonwealth of ida. Mr. Speaker, I have repeatedly (Mr. BURTON of Indiana. addressed the House. His remarks will appear the Philippines as a base from which to stated I will oppose any cut in Social launch the final efforts to win the war Security benefits to retirees or near re- hereafter in the Extensions of Re- marks.) in the Pacific. tirees. However, many groups are using With their vital participation so evi- this debate to once again bully Ameri- f dent, one would assume that the cans. The most recent examples are the The SPEAKER pro tempore. Under a United States would be grateful to telephone scare calls that were made previous order of the House, the gen- their Filipino comrades, so it is hard to anonymously throughout Florida that tleman from Oregon (Mr. DEFAZIO ) is believe that soon after the war ended began actually in my congressional dis- recognized for 5 minutes. Congress voted in the 1946 Rescissions trict. Why my district? Because I have (Mr. DEFAZIO addressed the House. Act to take away the benefits and rec- the highest number of people on Social His remarks will appear hereafter in ognition that many Filipino World War Security. These people who hide behind the Extensions of Remarks.) II veterans were promised. anonymity have no courage. It reminds f These veterans are now in their me of the Wizard of Oz and hiding be- EXCHANGE OF SPECIAL ORDER eighties and in need of health care. hind the great curtain. Many are dying each year. Their last The bottom line is, under the bill TIME wish is to be recognized as honored vet- that I introduced, H.R. 266, it will stop Mr. FILNER. Mr. Speaker, I ask erans of the United States Armed any proposal to reduce benefits dead in unanimous consent to claim the time Forces. Please support H.R. 302 to re- its track. I recommit my promise in of the gentleman from Oregon (Mr. store the rescinded benefits to Filipino that bill that I introduced, H.R. 266, DEFAZIO). World War II veterans, many of whom the Social Security Protection Act. The SPEAKER pro tempore. Is there have now become citizens of the United Congress would not even be able to objection to the request of the gen- States. Please cosponsor H.R. 302 to re- consider a bill that reduces benefits to tleman from California? store the dignity of Filipino World War retirees. There was no objection. II veterans for their defense of our f f common democratic ideals. ANNOUNCEMENT BY THE SPEAKER GRANT EQUITY TO FILIPINO WWII f PRO TEMPORE VETERANS The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a CULBERSON). Under a previous order of SHIMKUS). The Chair desires to make previous order of the House, the gen- the House, the gentleman from Penn- an announcement. tleman from California (Mr. FILNER) is sylvania (Mr. MURPHY) is recognized After consultation with the majority recognized for 5 minutes. for 5 minutes. and minority leaders, and with their Mr. FILNER. Mr. Speaker, as a mem- (Mr. MURPHY addressed the House. consent and approval, the Chair an- ber of the House of Representatives His remarks will appear hereafter in nounces that tonight when the two Committee on Veterans Affairs, I rise the Extensions of Remarks.) Houses meet in joint session to hear an to urge my colleagues to support the f address by the President of the United gentleman from California (Mr. States, only the doors immediately op- CUNNINGHAM) and myself who have re- SMART SECURITY AND THE CASE posite the Speaker and those on his left introduced H.R. 302, the Filipino Vet- FOR LEAVING IRAQ, PART 4 and right will be open. erans Equity Act. This bill addresses a The SPEAKER pro tempore. Under a No one will be allowed on the floor of 60-year-old injustice which has cut to previous order of the House, the gentle- the House who does not have the privi- the heart of each and every Filipino woman from California (Ms. WOOLSEY) lege of the floor of the House. American in this Nation and which was is recognized for 5 minutes. Due to the large attendance that is acknowledged in the last congressional Ms. WOOLSEY. Mr. Speaker, first, I anticipated, the Chair feels that the session by over 200 cosponsoring Mem- want to congratulate the courageous rule regarding the privilege of the floor bers of Congress, many veterans serv- Iraqi people who participated in last must be strictly adhered to. ice organizations, religious organiza- Sunday’s election to nominate legisla- Children of Members will not be per- tions and many State and local offi- tors to write Iraq’s Constitution. mitted on the floor, and the coopera- cials in addition. My congressional district gets it tion of all Members is requested. The practice of reserving seats prior Sixty years ago, Filipino soldiers liv- when it comes to the importance of to the joint session by placard will not ing in the Philippines, which was a ter- elections to our democracy. In Novem- be allowed. Members may reserve their ritory of the United States, were draft- ber’s Presidential election, a record seats by physical presence only fol- ed into service during World War II by 89.5 percent of registered voters in lowing the security sweep of the Cham- an executive order of President Frank- Marin and Sonoma Counties turned out ber. lin D. Roosevelt. Under the command to vote. of General Douglas MacArthur, Fili- The problem is that irresponsible be- f pino soldiers fought side by side with havior has been a guiding principle of ANNOUNCEMENT BY THE SPEAKER forces from the United States main- the administration’s behavior in lead- PRO TEMPORE land, defending the American flag in ing the Nation to war in Iraq. This has The SPEAKER pro tempore. The the now-famous battles of Bataan and been a dishonest war from the word go. Chair will now recognize Members for Corrigidor. The President said he had heard evi- special orders not beyond 5 p.m., at Thousands of Filipino prisoners of dence of weapons of mass destruction which time the Chair will declare the war died, both on the Bataan Death in Iraq, yet to date no weapons of mass House in recess. March and in prisoner of war camps, at destruction have been found. President f the rate of 50 to 200 a day. They en- Bush himself has officially called off dured 4 long years of occupation by the the hunt for weapons of mass destruc- SPECIAL ORDERS Japanese. The soldiers fortunate tion. The SPEAKER pro tempore. Under enough to escape capture, together The Iraq invasion has made the Mid- the Speaker’s announced policy of Jan- with other Filipino citizens, fought dle East a more violent and unstable

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.079 H02PT1 H330 CONGRESSIONAL RECORD — HOUSE February 2, 2005 place, and it has made America less se- country, and Iraq requires an inter- the subcommittee with a view toward avoid- cure at home by creating a terrorist national peacekeeping force to address ing simultaneous scheduling of committee breeding ground in a country that was this problem, not the United States and subcommittee meetings or hearings not a haven for terrorist organizations military. A peacekeeping force sup- wherever possible. like al Qaeda before we invaded it. The ported by Iraq’s neighbors and the RULE 4. SUBCOMMITTEES sad irony is that after our Nation was global community will provide real le- Pursuant to the authority granted by Sec- tion 3(b), relating to Separate Orders, of H. attacked on 9/11 by al Qaeda, the Bush gitimacy to a conflict that has flown in Res. 5 as adopted by the House of Represent- administration’s response was to bomb the face of international law from its atives on January 4, 2005, the Committee and kill civilians in one of the few very beginning. shall be organized to consist of six standing countries in the Middle East that was Fourth, take all steps to provide the subcommittees with the following jurisdic- inhospitable to al Qaeda. Iraqi people with opportunity to con- tions: Mr. Speaker, there is no justice in an trol their internal affairs. The Iraqi Subcommittee on Tactical Air and Land operation based purely on ideological people cannot truly control their own Forces: All Army and Air Force acquisition reasons, reasons that caused the deaths affairs until the United States military programs (except strategic weapons and lift programs, special operations and informa- of more than 1,400 Americans and un- has ceded back authority to the Iraqi tion technology accounts). In addition, the told thousands of Iraqis, not to men- people. That is why it is essential for subcommittee will be responsible for all tion well more than 10,000 American Iraq’s police and National Guard forces Navy and Marine Corps aviation programs, troops injured and very, very severely to manage Iraq’s security, not the National Guard and Army and Air Force re- wounded. United States military. serve modernization, and ammunition pro- So now that Iraq’s elections are com- Mr. Speaker, let me be clear. We grams. pleted, we in the United States must should not abandon Iraq. There is still Subcommittee on Readiness: Military ensure that the people of Iraq control readiness, training, logistics and mainte- a critical role for the United States in nance issues and programs. In addition, the their own affairs as Iraq transitions to- providing the developmental aid that subcommittee will be responsible for all ward democracy. In fact, Sunday’s can help create a robust civil society, military construction, installations and fam- election in Iraq gives the United States build schools and water processing ily housing issues, including the base closure yet another opportunity to get back on plants and ensure that Iraq’s economic process. track in Iraq. We can do this by sup- infrastructure becomes fully viable. Subcommittee on Terrorism, Unconven- porting the Iraqi people, not through In the end, this is the smarter option tional Threats and Capabilities: Department our military but through international and we must begin always taking the of Defense counter proliferation and counter terrorism programs and initiatives. In addi- cooperation to help rebuild Iraq’s eco- smarter path if we are to succeed in tion, the subcommittee will be responsible nomic and physical infrastructure. We Iraq. for Special Operations Forces, the Defense owe this to the people of Iraq, people f Advanced Research Projects Agency, infor- who are being killed by the thousands, mation technology and programs, force pro- PUBLICATION OF THE RULES OF and to our troops who are sitting ducks tection policy and oversight, and related in- for terrorists. THE COMMITTEE ON ARMED telligence support. Last week, I introduced H. Con. Res. SERVICES 109TH CONGRESS Subcommittee on Military Personnel: Mili- 35 with 24 original cosponsors, legisla- The SPEAKER pro tempore. Under a tary personnel policy, reserve component in- previous order of the House, the gen- tegration and employment issues, military tion that will help secure Iraq for the health care, military education and POW/ future and ensure that America’s role tleman from California (Mr. HUNTER) is MIA issues. In addition, the subcommittee in Iraq actually does make America recognized for 5 minutes. will be responsible for Morale, Welfare and safer. My plan for Iraq is part of a larg- Mr. HUNTER. Mr. Speaker, in accordance Recreation issues and programs. er, smarter security strategy, which is with clause 2 of rule XI of the Rules of the Subcommittee on Strategic Forces: Stra- a sensible multilateral, American re- House of Representatives, I am submitting the tegic Forces (except deep strike systems), sponse to terrorism that will ensure Rules of the Committee on Armed Services for space programs, ballistic missile defense and Department of Energy national security pro- America’s security by relying on printing in the CONGRESSIONAL RECORD. grams (except non-proliferation programs). smarter policies. These rules were adopted on Wednesday, Subcommittee on Projection Forces: Navy The withdrawal plan I have proposed January 26, 2005 at a public meeting of the and Marine Corps programs (except strategic includes four major components. full committee, with a quorum being present. weapons, space, special operations and infor- First, develop and implement a plan RULES GOVERNING PROCEDURE OF THE mation technology programs), deep strike to begin the immediate withdrawal of COMMITTEE ON ARMED SERVICES bombers and related systems, and strategic U.S. troops from Iraq. The soldiers who RULE 1. APPLICATION OF HOUSE RULES lift programs. have died in Iraq leave behind grieving The Rules of the House of Representatives RULE 5. COMMITTEE PANELS loved ones whose lives will never be the are the rules of the Committee on Armed (a) The Chairman may designate a panel of same because of the war in Iraq. The Services (hereinafter referred to in these the Committee consisting of members of the best way to support our troops is to re- rules as the ‘‘Committee’’) and its sub- Committee to inquire into and take testi- move them from harm’s way. committees so far as applicable. mony on a matter or matters that fall with- in the jurisdiction of more than one sub- RULE 2. FULL COMMITTEE MEETING DATE Second, develop and implement a committee and to report to the Committee. plan for the reconstruction of Iraq’s (a) The Committee shall meet every (b) No panel so appointed shall continue in civil and economic infrastructure. The Wednesday at 10:00 a.m., and at such other existence for more than six months. A panel United States has a moral responsi- times as may be fixed by the chairman of the so appointed may, upon the expiration of six bility to clean up the mess we made in Committee (hereinafter referred to in these months, be reappointed by the Chairman. rules as the ‘‘Chairman’’), or by written re- Iraq, but that responsibility needs to (c) No panel so appointed shall have legis- quest of members of the Committee pursuant lative jurisdiction. be fulfilled not by our military but by to clause 2(c) of rule XI of the Rules of the RULE 6. REFERENCE AND CONSIDERATION OF humanitarian groups and companies House of Representatives. LEGISLATION that will help rebuild Iraq’s infrastruc- (b) A Wednesday meeting of the Committee ture, and not through no-bid contracts may be dispensed with by the Chairman, but (a) The Chairman shall refer legislation and other matters to the appropriate sub- to companies like Halliburton and such action may be reversed by a written re- quest of a majority of the members of the committee or to the full Committee. Bechtel. (b) Legislation shall be taken up for a Committee. Third, convene an emergency meet- hearing or markup only when called by the ing of leadership, Iraq’s neighbors, the RULE 3. SUBCOMMITTEE MEETING DATES Chairman of the Committee or sub- United Nations, and the Arab League Each subcommittee is authorized to meet, committee, as appropriate, or by a majority to create an international peace- hold hearings, receive evidence, and report of those present and voting. keeping force in Iraq and to replace to the Committee on all matters referred to (c) The Chairman, with approval of a ma- it. Insofar as possible, meetings of the Com- jority vote of a quorum of the Committee, U.S. military forces with Iraqi police mittee and its subcommittees shall not con- shall have authority to discharge a sub- and National Guard forces to ensure flict. A subcommittee chairman shall set committee from consideration of any meas- Iraq’s security. meeting dates after consultation with the ure or matter referred thereto and have such Iraq’s security problems are still the Chairman, the other subcommittee chair- measure or matter considered by the Com- most serious cause for concern in the men, and the ranking minority member of mittee.

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.084 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H331 (d) Reports and recommendations of a sub- than two members of the Committee or sub- propriate, except that this time limit may be committee may not be considered by the committee, the Committee or subcommittee exceeded by unanimous consent. Any mem- Committee until after the intervention of determines that such evidence may tend to ber, upon request, shall be recognized for not three calendar days from the time the report defame, degrade or incriminate any person. to exceed five minutes to address the Com- is approved by the subcommittee and avail- A majority of those present, there being in mittee or subcommittee on behalf of an able to the members of the Committee, ex- attendance no fewer than two members of amendment which the member has offered to cept that this rule may be waived by a ma- the Committee or subcommittee, may also any pending bill or resolution. The five- jority vote of a quorum of the Committee. vote to close the hearing or meeting for the minute limitation shall not apply to the RULE 7. PUBLIC ANNOUNCEMENT OF HEARINGS sole purpose of discussing whether evidence Chairman and ranking minority member of AND MEETINGS or testimony to be received would tend to de- the Committee or subcommittee. (b) Members present at a hearing of the Pursuant to clause 2(g)(3) of rule XI of the fame, degrade or incriminate any person. Committee or subcommittee when a hearing Rules of the House of Representatives, the The Committee or subcommittee shall pro- is originally convened shall be recognized by Chairman of the Committee or of any sub- ceed to receive such testimony in open ses- the Chairman or subcommittee chairman, as committee or panel shall make public an- sion only if the Committee or subcommittee, appropriate, in order of seniority. Those nouncement of the date, place, and subject a majority being present, determines that members arriving subsequently shall be rec- matter of any committee or subcommittee such evidence or testimony will not tend to ognized in order of their arrival. Notwith- hearing at least one week before the com- defame, degrade or incriminate any person. (c) Notwithstanding the foregoing, and standing the foregoing, the Chairman and mencement of the hearing. However, if the with the approval of the Chairman, each the ranking minority member will take prec- Chairman of the Committee or of any sub- member of the Committee may designate by edence upon their arrival. In recognizing committee or panel, with the concurrence of letter to the Chairman, a member of that members to question witnesses in this fash- the respective ranking minority member of member’s personal staff with Top Secret se- ion, the Chairman shall take into consider- the Committee, subcommittee or panel, de- curity clearance to attend hearings of the ation the ratio of the majority to minority termines that there is good cause to begin Committee, or that member’s sub- members present and shall establish the the hearing sooner, or if the Committee, sub- committee(s) (excluding briefings or meet- order of recognition for questioning in such committee or panel so determines by major- ings held under the provisions of committee a manner as not to disadvantage the mem- ity vote, a quorum being present for the rule 9(a)), which have been closed under the bers of either party. transaction of business, such chairman shall provisions of rule 9(a) above for national se- (c) No person other than a Member, Dele- make the announcement at the earliest pos- curity purposes for the taking of testimony. gate, or Resident Commissioner of Congress sible date. Any announcement made under The attendance of such a staff member at and committee staff may be seated in or be- this rule shall be promptly published in the such hearings is subject to the approval of hind the dais area during Committee, sub- Daily Digest, promptly entered into the com- the Committee or subcommittee as dictated committee, or panel hearings and meetings. mittee scheduling service of the House Infor- by national security requirements at that mation Resources, and promptly posted to RULE 12. POWER TO SIT AND ACT; SUBPOENA time. The attainment of any required secu- the internet web page maintained by the POWER rity clearances is the responsibility of indi- Committee. (a) For the purpose of carrying out any of vidual members of the Committee. its functions and duties under rules X and XI RULE 8. BROADCASTING OF COMMITTEE (d) Pursuant to clause 2(g)(2) of rule XI of of the Rules of the House of Representatives, HEARINGS AND MEETINGS the Rules of the House of Representatives, the Committee and any subcommittee are Clause 4 of rule XI of the Rules of the no Member, Delegate, or Resident Commis- authorized (subject to subparagraph (b)(1) of House of Representatives shall apply to the sioner may be excluded from this paragraph): Committee. nonparticipatory attendance at any hearing (1) to sit and act at such times and places RULE 9. MEETINGS AND HEARINGS OPEN TO THE of the Committee or a subcommittee, unless within the United States, whether the House PUBLIC the House of Representatives shall by major- is in session, has recessed, or has adjourned, (a) Each hearing and meeting for the trans- ity vote authorize the Committee or sub- and to hold hearings, and action of business, including the markup of committee, for purposes of a particular se- (2) to require by subpoena, or otherwise, legislation, conducted by the Committee or a ries of hearings on a particular article of leg- the attendance and testimony of such wit- subcommittee shall be open to the public ex- islation or on a particular subject of inves- nesses and the production of such books, cept when the Committee or subcommittee, tigation, to close its hearings to Members, records, correspondence, memorandums, pa- in open session and with a majority being Delegates, and the Resident Commissioner pers and documents, including, but not lim- present, determines by record vote that all by the same procedures designated in this ited to, those in electronic form, as it con- or part of the remainder of that hearing or rule for closing hearings to the public. siders necessary. (e) The Committee or the subcommittee meeting on that day shall be in executive (b)(1) A subpoena may be authorized and may vote, by the same procedure, to meet in session because disclosure of testimony, evi- issued by the Committee, or any sub- executive session for up to five additional dence, or other matters to be considered committee with the concurrence of the full consecutive days of hearings. would endanger the national security, would Committee Chairman, under subparagraph compromise sensitive law enforcement infor- RULE 10. QUORUM (a)(2) in the conduct of any investigation, or mation, or would violate any law or rule of (a) For purposes of taking testimony and series of investigations or activities, only the House of Representatives. Notwith- receiving evidence, two members shall con- when authorized by a majority of the mem- standing the requirements of the preceding stitute a quorum. bers voting, a majority of the Committee or sentence, a majority of those present, there (b) One-third of the members of the Com- subcommittee being present. Authorized sub- being in attendance no fewer than two mem- mittee or subcommittee shall constitute a poenas shall be signed only by the Chairman, bers of the Committee or subcommittee, quorum for taking any action, with the fol- or by any member designated by the Chair- may vote to close a hearing or meeting for lowing exceptions, in which case a majority man. the sole purpose of discussing whether testi- of the Committee or subcommittee shall (2) Pursuant to clause 2(m) of rule XI of mony or evidence to be received would en- constitute a quorum: the Rules of the House of Representatives, danger the national security, would com- (1) Reporting a measure or recommenda- compliance with any subpoena issued by the promise sensitive law enforcement informa- tion; Committee or any subcommittee under sub- tion, or would violate any law or rule of the (2) Closing committee or subcommittee paragraph (a)(2) may be enforced only as au- House of Representatives. If the decision is meetings and hearings to the public; thorized or directed by the House of Rep- to proceed in executive session, the vote (3) Authorizing the issuance of subpoenas; resentatives. must be by record vote and in open session, (4) Authorizing the use of executive session RULE 13. WITNESS STATEMENTS a majority of the Committee or sub- material; and (a) Any prepared statement to be presented committee being present. (5) Voting to proceed in open session after by a witness to the Committee or a sub- (b) Whenever it is asserted by a member of voting to close to discuss whether evidence committee shall be submitted to the Com- the committee that the evidence or testi- or testimony to be received would tend to de- mittee or subcommittee at least 48 hours in mony at a hearing may tend to defame, de- fame, degrade, or incriminate any person. advance of presentation and shall be distrib- grade, or incriminate any person, or it is as- (c) No measure or recommendation shall be uted to all members of the Committee or serted by a witness that the evidence or tes- reported to the House of Representatives un- subcommittee at least 24 hours in advance of timony that the witness would give at a less a majority of the Committee is actually presentation. A copy of any such prepared hearing may tend to defame, degrade, or in- present. statement shall also be submitted to the criminate the witness, notwithstanding the RULE 11. THE FIVE-MINUTE RULE Committee in electronic form. If a prepared requirements of (a) and the provisions of (a) The time any one member may address statement contains national security infor- clause 2(g)(2) of rule XI of the Rules of the the Committee or subcommittee on any mation bearing a classification of secret or House of Representatives, such evidence or measure or matter under consideration shall higher, the statement shall be made avail- testimony shall be presented in executive not exceed five minutes and then only when able in the Committee rooms to all members session, if by a majority vote of those the member has been recognized by the of the Committee or subcommittee at least present, there being in attendance no fewer Chairman or subcommittee chairman, as ap- 24 hours in advance of presentation; however,

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.049 H02PT1 H332 CONGRESSIONAL RECORD — HOUSE February 2, 2005 no such statement shall be removed from the intention to file supplemental, minority, ad- otherwise available, and the matter shall be Committee offices. The requirement of this ditional or dissenting views, that member presented to the Committee for a determina- rule may be waived by a majority vote of the shall be entitled to not less than two cal- tion on the written request of any member of Committee or subcommittee, a quorum endar days (excluding Saturdays, Sundays, the Committee. being present. and legal holidays except when the House is RULE 24. HEARING PROCEDURES (b) The Committee and each subcommittee in session on such days) in which to file such Clause 2(k) of rule XI of the Rules of the shall require each witness who is to appear views, in writing and signed by that member, House of Representatives shall apply to the before it to file with the Committee in ad- with the staff director of the Committee. All Committee. vance of his or her appearance a written such views so filed by one or more members statement of the proposed testimony and to of the Committee shall be included within, f limit the oral presentation at such appear- and shall be a part of, the report filed by the ance to a brief summary of his or her argu- Committee with respect to that measure or PUBLICATION OF THE RULES OF ment. matter. THE COMMITTEE ON TRANSPOR- RULE 14. ADMINISTERING OATHS TO WITNESSES (b) With respect to each record vote on a TATION AND INFRASTRUCTURE, motion to report any measure or matter, and (a) The Chairman, or any member des- 109TH CONGRESS on any amendment offered to the measure or ignated by the Chairman, may administer The SPEAKER pro tempore. Under a matter, the total number of votes cast for oaths to any witness. and against, the names of those voting for previous order of the House, the gen- (b) Witnesses, when sworn, shall subscribe and against, and a brief description of the tleman from Alaska (Mr. YOUNG) is rec- to the following oath: ognized for 5 minutes. ‘‘Do you solemnly swear (or affirm) that question, shall be included in the committee the testimony you will give before this Com- report on the measure or matter. Mr. YOUNG of Alaska. Mr. Speaker, in ac- mittee (or subcommittee) in the matters now RULE 19. POINTS OF ORDER cordance with clause 2(a) of Rule XI of the under consideration will be the truth, the No point of order shall lie with respect to Rules of the House, I am submitting for print- whole truth, and nothing but the truth, so any measure reported by the Committee or ing in the RECORD a copy of the Rules of the help you God?’’ any subcommittee on the ground that hear- Committee on Transportation and Infrastruc- RULE 15. QUESTIONING OF WITNESSES ings on such measure were not conducted in ture for the 109th Congress, adopted on Feb- accordance with the provisions of the rules (a) When a witness is before the Committee ruary 2, 2005. of the Committee; except that a point of or a subcommittee, members of the Com- order on that ground may be made by any Rules of the Committee on Transportation mittee or subcommittee may put questions member of the Committee or subcommittee and Infrastructure to the witness only when recognized by the which reported the measure if, in the Com- United States House of Representatives Chairman or subcommittee chairman, as ap- mittee or subcommittee, such point of order propriate, for that purpose. 109th Congress was (a) timely made and (b) improperly over- (b) Members of the Committee or sub- (Adopted February 2, 2005) ruled or not properly considered. committee who so desire shall have not to RULE I. GENERAL PROVISIONS. RULE 20. PUBLIC INSPECTION OF COMMITTEE exceed five minutes to interrogate each wit- (a) APPLICABILITY OF HOUSE RULES.— ROLLCALLS ness or panel of witnesses until such time as (1) IN GENERAL.—The Rules of the House each member has had an opportunity to in- The result of each record vote in any meet- are the rules of the Committee and its sub- terrogate each witness or panel of witnesses; ing of the Committee shall be made available committees so far as applicable, except that thereafter, additional rounds for questioning by the Committee for inspection by the pub- a motion to recess from day to day, and a witnesses by members are discretionary with lic at reasonable times in the offices of the motion to dispense with the first reading (in the Chairman or subcommittee chairman, as Committee. Information so available for full) of a bill or resolution, if printed copies appropriate. public inspection shall include a description are available, are non-debatable privileged (c) Questions put to witnesses before the of the amendment, motion, order, or other motions in the Committee and its sub- Committee or subcommittee shall be perti- proposition and the name of each member committees. nent to the measure or matter that may be voting for and each member voting against (2) SUBCOMMITTEES.—Each subcommittee is before the Committee or subcommittee for such amendment, motion, order, or propo- part of the Committee, and is subject to the consideration. sition and the names of those members authority and direction of the Committee RULE 16. PUBLICATION OF COMMITTEE HEARINGS present but not voting. and its rules so far as applicable. AND MARKUPS RULE 21. PROTECTION OF NATIONAL SECURITY (3) INCORPORATION OF HOUSE RULE ON COM- The transcripts of those hearings and INFORMATION MITTEE PROCEDURE.—Rule XI of the Rules of mark-ups conducted by the Committee or a (a) Except as provided in clause 2(g) of the House, which pertains entirely to Com- subcommittee that are decided by the Chair- Rule XI of the Rules of the House of Rep- mittee procedure, is incorporated and made man to be officially published will be pub- resentatives, all national security informa- a part of the rules of the Committee to the lished in verbatim form, with the material tion bearing a classification of secret or extent applicable. requested for the record inserted at that higher which has been received by the Com- (b) PUBLICATION OF RULES.—The Commit- place requested, or at the end of the record, mittee or a subcommittee shall be deemed to tee’s rules shall be published in the Congres- as appropriate. Any requests to correct any have been received in executive session and sional Record not later than 30 days after the errors, other than those in transcription, or shall be given appropriate safekeeping. Committee is elected in each odd-numbered disputed errors in transcription, will be ap- (b) The Chairman of the Committee shall, year. pended to the record, and the appropriate with the approval of a majority of the Com- (c) VICE CHAIRMAN.—The Chairman shall place where the change is requested will be mittee, establish such procedures as in his appoint a vice chairman of the Committee footnoted. judgment may be necessary to prevent the and of each subcommittee. If the Chairman of the Committee or subcommittee is not RULE 17. VOTING AND ROLLCALLS unauthorized disclosure of any national se- curity information received classified as se- present at any meeting of the Committee or (a) Voting on a measure or matter may be cret or higher. Such procedures shall, how- subcommittee, as the case may be, the vice by record vote, division vote, voice vote, or ever, ensure access to this information by chairman shall preside. If the vice chairman unanimous consent. any member of the Committee or any other is not present, the ranking member of the (b) A record vote shall be ordered upon the Member, Delegate, or Resident Commis- majority party on the Committee or sub- request of one-fifth of those members sioner of the House of Representatives who committee who is present shall preside at present. has requested the opportunity to review such that meeting. (c) No vote by any member of the Com- material. RULE II. REGULAR, ADDITIONAL, AND SPECIAL mittee or a subcommittee with respect to MEETINGS. any measure or matter shall be cast by RULE 22. COMMITTEE STAFFING (a) REGULAR MEETINGS.— proxy. The staffing of the Committee, the stand- (1) IN GENERAL.—Regular meetings of the (d) In the event of a vote or votes, when a ing subcommittees, and any panel designated Committee shall be held on the first Wednes- member is in attendance at any other com- by the Chairman shall be subject to the rules day of every month to transact its business mittee, subcommittee, or conference com- of the House of Representatives, unless such day is a holiday, or the House is mittee meeting during that time, the nec- RULE 23. COMMITTEE RECORDS in recess or is adjourned, in which case the essary absence of that member shall be so The records of the Committee at the Na- Chairman shall determine the regular meet- noted in the record vote record, upon timely tional Archives and Records Administration ing day of the Committee for that month. notification to the Chairman by that mem- shall be made available for public use in ac- (2) NOTICE.—The Chairman shall give each ber. cordance with rule VII of the Rules of the member of the Committee, as far in advance RULE 18. COMMITTEE REPORTS House of Representatives. The Chairman of the day of the regular meeting as the cir- (a) If, at the time of approval of any meas- shall notify the ranking minority member of cumstances make practicable, a written no- ure or matter by the Committee, any mem- any decision, pursuant to clause 3(b)(3) or tice of such meeting and the matters to be ber of the Committee gives timely notice of clause 4(b) of rule VII, to withhold a record considered at such meeting.

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(3) CANCELLATION OR DEFERRAL.—If the such Subcommittee, participate in any sub- ries of investigations or activities, and such Chairman believes that the Committee will committee meeting or hearing. However, a subpoena shall for all purposes be deemed a not be considering any bill or resolution be- member who is not a member of the Sub- subpoena issued by the Committee. As soon fore the full Committee and that there is no committee may not vote on any matter be- as practicable after a subpoena is issued other business to be transacted at a regular fore the Subcommittee, be counted for pur- under this rule, the Chairman shall notify all meeting, the meeting may be canceled or it poses of establishing a quorum, or raise members of the Committee of such action. may be deferred until such time as, in the points of order. (2) ENFORCEMENT.—Compliance with any judgment of the Chairman, there may be (e) BROADCASTING.—Whenever a meeting subpoena issued by the Committee or sub- matters which require the Committee’s con- for the transaction of business, including the committee under paragraph (a)(2) may be en- sideration. markup of legislation, or a hearing is open to forced only as authorized or directed by the (4) APPLICABILITY.—This paragraph shall the public, that meeting or hearing shall be House. not apply to meetings of any subcommittee. open to coverage by television, radio, and (e) EXPENSES OF SUBPOENAED WITNESSES.— (b) ADDITIONAL MEETINGS.—The Chairman still photography in accordance with clause 4 Each witness who has been subpoenaed, upon may call and convene, as he or she considers of Rule XI of the Rules of the House. Oper- the completion of his or her testimony be- necessary, additional meetings of the Com- ation and use of any Committee internet fore the Committee or any subcommittee, mittee for the consideration of any bill or broadcast system shall be fair and non- may report to the offices of the Committee, resolution pending before the Committee or partisan and in accordance with clause 4(b) and there sign appropriate vouchers for trav- for the conduct of other committee business. of Rule XI of the Rules of the House and all el allowances and attendance fees. If hear- The Committee shall meet for such purpose other applicable rules of the Committee and ings are held in cities other than Wash- pursuant to the call of the Chairman. the House. ington, D.C., the witness may contact the (c) SPECIAL MEETINGS.—If at least three (f) ACCESS TO THE DAIS AND LOUNGES.—Ac- counsel of the Committee, or his or her rep- members of the Committee desire that a spe- cess to the hearing rooms’ daises and to the resentative, before leaving the hearing room. cial meeting of the Committee be called by lounges adjacent to the Committee hearing RULE V. QUORUMS AND RECORD VOTES; POST- the Chairman, those members may file in the rooms shall be limited to Members of Con- PONEMENT OF VOTES offices of the Committee their written re- gress and employees of Congress during a (a) WORKING QUORUM.—One-third of the quest to the Chairman for that special meet- meeting or hearing of the Committee unless members of the Committee or a sub- ing. Such request shall specify the measure specifically permitted by the Chairman or committee shall constitute a quorum for or matter to be considered. Immediately ranking minority member. taking any action other than the closing of upon the filing of the request, the clerk of (g) USE OF CELLULAR TELEPHONES.—The a meeting pursuant to clauses 2(g) and 2(k)(5) the Committee shall notify the Chairman of use of cellular telephones in the Committee of Rule XI of the Rules of the House, the au- the filing of the request. If, within 3 calendar hearing room is prohibited during a meeting thorizing of a subpoena pursuant to para- days after the filing of the request, the or hearing of the Committee. graph (d) of Committee Rule IV, the report- Chairman does not call the requested special RULE IV. POWER TO SIT AND ACT; POWER TO ing of a measure or recommendation pursu- meeting to be held within 7 calendar days CONDUCT INVESTIGATIONS; OATHS; ant to paragraph (b)(1) of Committee Rule after the filing of the request, a majority of SUBPOENA POWER. VII, and the actions described in paragraphs the members of the Committee may file in (a) AUTHORITY TO SIT AND ACT.—For the (b), (c) and (d) of this rule. the offices of the Committee their written purpose of carrying out any of its functions (b) QUORUM FOR REPORTING.—A majority of notice that a special meeting of the Com- and duties under Rules X and XI of the Rules the members of the Committee or a sub- mittee will be held, specifying the date and of the House, the Committee and each of its committee shall constitute a quorum for the hour thereof, and the measure or matter to subcommittees, is authorized (subject to reporting of a measure or recommendation. be considered at that special meeting. The paragraph (d)(1))— (c) APPROVAL OF CERTAIN MATTERS.—A ma- Committee shall meet on that date and hour. (1) to sit and act at such times and places jority of the members of the Committee or a Immediately upon the filing of the notice, within the United States whether the House subcommittee shall constitute a quorum for the clerk of the Committee shall notify all is in session, has recessed, or has adjourned approval of a resolution concerning any of members of the Committee that such meet- and to hold such hearings; and the following actions: ing will be held and inform them of its date (2) to require, by subpoena or otherwise, (1) A prospectus for construction, alter- and hour and the measure or matter to be the attendance and testimony of such wit- ation, purchase or acquisition of a public considered; and only the measure or matter nesses and the production of such books, building or the lease of space as required by specified in that notice may be considered at records, correspondence, memorandums, pa- section 3307 of title 40, United States Code. that special meeting. pers, and documents, as it deems necessary. (2) Survey investigation of a proposed (b) AUTHORITY TO CONDUCT INVESTIGA- (d) PROHIBITION ON SITTING DURING JOINT project for navigation, flood control, and TIONS.— SESSION.—The Committee may not sit during other purposes by the Corps of Engineers (1) IN GENERAL.—The Committee is author- a joint session of the House and Senate or (section 4 of the Rivers and Harbors Act of ized at any time to conduct such investiga- during a recess when a joint meeting of the March 4, 1913, 33 U.S.C. 542). tions and studies as it may consider nec- House and Senate is in progress. (3) Construction of a water resources devel- essary or appropriate in the exercise of its opment project by the Corps of Engineers RULE III. MEETINGS AND HEARINGS GENERALLY. responsibilities under Rule X of the Rules of with an estimated Federal cost not exceed- (a) OPEN MEETINGS.—Each meeting for the the House and (subject to the adoption of ex- ing $15,000,000 (section 201 of the Flood Con- transaction of business, including the mark- pense resolutions as required by Rule X, trol Act of 1965). up of legislation, and each hearing of the clause 6 of the Rules of the House) to incur (4) Deletion of water quality storage in a Committee or a subcommittee shall be open expenses (including travel expenses) in con- Federal reservoir project where the benefits to the public, except as provided by clause nection therewith. attributable to water quality are 15 percent 2(g) of Rule XI of the Rules of the House. (2) MAJOR INVESTIGATIONS BY SUBCOMMIT- or more but not greater than 25 percent of (b) MEETINGS TO BEGIN PROMPTLY.—Each TEES.—A subcommittee may not begin a the total project benefits (section 65 of the meeting or hearing of the Committee shall major investigation without approval of a Water Resources Development Act of 1974). begin promptly at the time so stipulated in majority of such subcommittee. (5) Authorization of a Natural Resources the public announcement of the meeting or (c) OATHS.—The Chairman of the Com- Conservation Service watershed project in- hearing. mittee, or any member designated by the volving any single structure of more than (c) ADDRESSING THE COMMITTEE.—A Com- Chairman, may administer oaths to any wit- 4,000 acre feet of total capacity (section 2 of mittee member may address the Committee ness. P.L. 566, 83rd Congress). or a subcommittee on any bill, motion, or (d) ISSUANCE OF SUBPOENAS.— (d) QUORUM FOR TAKING TESTIMONY.—Two other matter under consideration— (1) IN GENERAL.—A subpoena may be issued members of the Committee or subcommittee (1) only when recognized by the Chairman by the Committee or subcommittee under shall constitute a quorum for the purpose of for that purpose; and paragraph (a)(2) in the conduct of any inves- taking testimony and receiving evidence. (2) only for 5 minutes until such time as tigation or activity or series of investiga- (e) RECORD VOTES.—A record vote may be each member of the Committee or sub- tions or activities, only when authorized by demanded by one-fifth of the members committee who so desires has had an oppor- a majority of the members voting, a major- present. tunity to address the Committee or sub- ity being present. Such authorized subpoenas (f) POSTPONEMENT OF VOTES.— committee. shall be signed by the Chairman of the Com- (1) IN GENERAL.—In accordance with clause A member shall be limited in his or her re- mittee or by any member designated by the 2(h)(4) of Rule XI of the Rules of the House, marks to the subject matter under consider- Committee. If a specific request for a sub- the Chairman of the Committee or a sub- ation. The Chairman shall enforce this sub- poena has not been previously rejected by ei- committee, after consultation with the rank- paragraph. ther the Committee or subcommittee, the ing minority member of the Committee or (d) PARTICIPATION OF MEMBERS IN SUB- Chairman of the Committee, after consulta- subcommittee, may— COMMITTEE MEETINGS AND HEARINGS.—All tion with the ranking minority member of (A) postpone further proceedings when a members of the Committee who are not the Committee, may authorize and issue a record vote is ordered on the question of ap- members of a particular Subcommittee may, subpoena under paragraph (a)(2) in the con- proving a measure or matter or on adopting by unanimous consent of the members of duct of any investigation or activity or se- an amendment; and

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(B) resume proceedings on a postponed (B) subject to subparagraphs (2) and (3), (d) ADDITIONAL VIEWS.—If, at the time of question at any time after reasonable notice. only for 5 minutes until such time as each approval of any measure or matter by the (2) RESUMPTION OF PROCEEDINGS.—When member of the Committee or subcommittee Committee, any member of the Committee proceedings resume on a postponed question, who so desires has had an opportunity to gives notice of intention to file supple- notwithstanding any intervening order for question the witness. mental, minority, or additional views, that the previous question, an underlying propo- A member shall be limited in his or her re- member shall be entitled to not less than sition shall remain subject to further debate marks to the subject matter under consider- two additional calendar days after the day of or amendment to the same extent as when ation. The Chairman shall enforce this para- such notice (excluding Saturdays, Sundays, and legal holidays) in which to file such the question was postponed. graph. views in accordance with clause 2(1) of Rule RULE VI. HEARING PROCEDURES. (2) EXTENDED QUESTIONING OF WITNESSES BY XI of the Rules of the House. (a) ANNOUNCEMENT OF HEARING.—The MEMBERS.—The Chairman of the Committee (e) ACTIVITIES REPORT.— Chairman, in the case of a hearing to be con- or a subcommittee, with the concurrence of ducted by the Committee, and the appro- (1) IN GENERAL.—The Committee shall sub- the ranking minority member, or the Com- mit to the House, not later than January 2 of priate subcommittee chairman, in the case mittee or subcommittee by motion, may per- of a hearing to be conducted by a sub- each odd-numbered year, a report on the ac- mit a specified number of its members to tivities of the Committee under Rules X and committee, shall make public announcement question a witness for longer than 5 minutes. of the date, place, and subject matter of such XI of the Rules of the House during the Con- The time for extended questioning of a wit- gress ending on January 3 of such year. hearing at least one week before the hearing. ness under this subdivision shall be equal for If the Chairman or the appropriate sub- (2) CONTENTS.—Such report shall include the majority party and minority party and separate sections summarizing the legisla- committee chairman, as the case may be, may not exceed one hour in the aggregate. with the concurrence of the ranking minor- tive and oversight activities of the Com- (3) EXTENDED QUESTIONING OF WITNESSES BY mittee during that Congress. ity member of the Committee or sub- STAFF.—The Chairman of the Committee or a committee as appropriate, determines there (3) OVERSIGHT SECTION.—The oversight sec- subcommittee, with the concurrence of the tion of such report shall include a summary is good cause to begin the hearing sooner, or ranking minority member, or the Committee if the Committee or subcommittee so deter- of the oversight plans submitted by the Com- or subcommittee by motion, may permit mittee pursuant to clause 2(d) of Rule X of mines by majority vote, a quorum being committee staff for its majority and minor- present for the transaction of business, the the Rules of the House, a summary of the ac- ity party members to question a witness for tions taken and recommendations made with Chairman shall make the announcement at equal specified periods. The time for ex- the earliest possible date. The clerk of the respect to each such plan, and a summary of tended questioning of a witness under this any additional oversight activities under- Committee shall promptly notify the Daily subdivision shall be equal for the majority Digest Clerk of the Congressional Record as taken by the Committee, and any rec- party and minority party and may not ex- soon as possible after such public announce- ommendations made or actions taken there- ceed one hour in the aggregate. ment is made. on. (4) RIGHT TO QUESTION WITNESSES FOL- (b) WRITTEN STATEMENT; ORAL TESTI- (f) OTHER COMMITTEE MATERIALS.— LOWING EXTENDED QUESTIONING.—Nothing in MONY.—So far as practicable, each witness (1) IN GENERAL.—All Committee and sub- who is to appear before the Committee or a subparagraph (2) or (3) affects the right of a committee prints, reports, documents, or subcommittee shall file with the clerk of the Member (other than a Member designated other materials, not otherwise provided for Committee or subcommittee, at least 2 under subparagraph (2)) to question a wit- under this rule, that purport to express pub- working days before the day of his or her ap- ness for 5 minutes in accordance with sub- licly the views of the Committee or any of pearance, a written statement of proposed paragraph (1)(B) after the questioning per- its subcommittees or members of the Com- testimony and shall limit his or her oral mitted under subparagraph (2) or (3). mittee or its subcommittees shall be ap- presentation to a summary of the written (g) ADDITIONAL HEARING PROCEDURES.— proved by the Committee or the sub- statement. Clause 2(k) of Rule XI of the Rules of the committee prior to printing and distribution (c) MINORITY WITNESSES.—When any hear- House (relating to additional rules for hear- and any member shall be given an oppor- ing is conducted by the Committee or any ings) applies to hearings of the Committee tunity to have views included as part of such subcommittee upon any measure or matter, and its subcommittees. material prior to printing, release, and dis- the minority party members on the Com- RULE VII. PROCEDURES FOR REPORTING BILLS, tribution in accordance with paragraph (d) of mittee or subcommittee shall be entitled, RESOLUTIONS, AND REPORTS. this rule. upon request to the Chairman by a majority (a) FILING OF REPORTS.— (2) DOCUMENTS CONTAINING VIEWS OTHER of those minority members before the com- (1) IN GENERAL.—The Chairman of the Com- THAN MEMBER VIEWS.—A Committee or sub- pletion of such hearing, to call witnesses se- mittee shall report promptly to the House committee document containing views other lected by the minority to testify with re- any measure or matter approved by the Com- than those of members of the Committee or spect to that measure or matter during at mittee and take necessary steps to bring the subcommittee shall not be published without least one day of hearing thereon. measure or matter to a vote. approval of the Committee or subcommittee. (d) SUMMARY OF SUBJECT MATTER.—Upon (2) REQUESTS FOR REPORTING.—The report (3) DISCLAIMER.—All Committee or sub- announcement of a hearing, to the extent of the Committee on a measure or matter committee reports printed pursuant to legis- practicable, the Committee shall make which has been approved by the Committee lative study or investigation and not ap- available immediately to all members of the shall be filed within 7 calendar days (exclu- proved by a majority vote of the Committee Committee a concise summary of the subject sive of days on which the House is not in ses- or subcommittee, as appropriate, shall con- matter (including legislative reports and sion) after the day on which there has been tain the following disclaimer on the cover of other material) under consideration. In addi- filed with the clerk of the Committee a writ- such report: ‘‘This report has not been offi- tion, upon announcement of a hearing and ten request, signed by a majority of the cially adopted by the Committee on (or per- subsequently as they are received, the Chair- members of the Committee, for the reporting tinent subcommittee thereof) and may not man shall make available to the members of of that measure or matter. Upon the filing of therefore necessarily reflect the views of its the Committee any official reports from de- any such request, the clerk of the Committee members.’’. partments and agencies on such matter. shall transmit immediately to the Chairman RULE VIII. ESTABLISHMENT OF SUBCOMMIT- (e) QUESTIONING OF WITNESSES.—The ques- of the Committee notice of the filing of that TEES; SIZE AND PARTY RATIOS. tioning of witnesses in Committee and sub- request. (a) ESTABLISHMENT.—There shall be 6 committee hearings shall be initiated by the (b) QUORUM; RECORD VOTES.— standing subcommittees. These subcommit- Chairman, followed by the ranking minority (1) QUORUM.—No measure, matter, or rec- tees, with the following sizes (including dele- member and all other members alternating ommendation shall be reported from the gates) and majority/minority ratios, are: between the majority and minority parties. Committee unless a majority of the Com- (1) Subcommittee on Aviation (48 Mem- In recognizing members to question wit- mittee was actually present. bers: 26 Majority and 22 Minority). nesses in this fashion, the Chairman shall (2) RECORD VOTES.—With respect to each (2) Subcommittee on Coast Guard and Mar- take into consideration the ratio of the ma- record vote on a motion to report any meas- itime Transportation (20 Members: 11 Major- jority to minority members present and ure or matter of a public character, and on ity and 9 Minority). shall establish the order of recognition for any amendment offered to the measure or (3) Subcommittee on Economic Develop- questioning in such a manner as not to dis- matter, the total number of votes cast for ment, Public Buildings, and Emergency advantage the members of the majority nor and against, and the names of those mem- Management (11 Members: 6 Majority and 5 the members of the minority. The Chairman bers voting for and against, shall be included Minority). may accomplish this by recognizing two ma- in the Committee report on the measure or (4) Subcommittee on Highways, Transit, jority members for each minority member matter. and Pipelines (57 Members: 31 Majority and recognized. (c) REQUIRED MATTERS.—The report of the 26 Minority). (f) PROCEDURES FOR QUESTIONS.— Committee on a measure or matter which (5) Subcommittee on Railroads (28 Mem- (1) IN GENERAL.—A Committee member has been approved by the Committee shall bers: 15 Majority and 13 Minority). may question a witness at a hearing— include the items required to be included by (6) Subcommittee on Water Resources and (A) only when recognized by the Chairman clauses 2(c) and 3 of Rule XIII of the Rules of Environment (36 Members: 20 Majority and for that purpose; and the House. 16 Minority).

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(b) EX OFFICIO MEMBERS.—The Chairman minority member of the Committee. Rec- resolution on the budget for the ensuing fis- and ranking minority member of the Com- ommendations of conferees to the Speaker cal year which are within its jurisdiction or mittee shall serve as ex officio voting mem- shall provide a ratio of majority party mem- functions; and bers on each subcommittee. bers to minority party members which shall (2) an estimate of the total amount of new (c) RATIOS.—On each subcommittee there be no less favorable to the majority party budget authority, and budget outlays result- shall be a ratio of majority party members than the ratio for the Committee. ing therefrom, to be provided or authorized to minority party members which shall be no RULE XII. OVERSIGHT. in all bills and resolutions within its juris- less favorable to the majority party than the (a) PURPOSE.—The Committee shall carry diction which it intends to be effective dur- ratio for the full Committee. In calculating out oversight responsibilities as provided in ing that fiscal year. the ratio of majority party members to mi- this rule in order to assist the House in— (d) BUDGET ALLOCATIONS.—As soon as prac- nority party members, there shall be in- (1) its analysis, appraisal, and evaluation ticable after a concurrent resolution on the cluded the ex officio members of the sub- of— budget for any fiscal year is agreed to, the committees. (A) the application, administration, execu- Committee (after consulting with the appro- RULE IX. POWERS AND DUTIES OF SUBCOMMIT- tion, and effectiveness of the laws enacted by priate committee or committees of the Sen- TEES. the Congress; or ate) shall subdivide any allocations made to (a) AUTHORITY TO SIT.—Each subcommittee (B) conditions and circumstances which it in the joint explanatory statement accom- is authorized to meet, hold hearings, receive may indicate the necessity or desirability of panying the conference report on such reso- evidence, and report to the full Committee enacting new or additional legislation; and lution, and promptly report such subdivi- on all matters referred to it or under its ju- (2) its formulation, consideration, and en- sions to the House, in the manner provided risdiction. Subcommittee chairmen shall set actment of such modifications or changes in by section 302 of the Congressional Budget dates for hearings and meetings of their re- those laws, and of such additional legisla- Act of 1974. spective subcommittees after consultation tion, as may be necessary or appropriate. (e) RECONCILIATION.—Whenever the Com- with the Chairman and other subcommittee (b) OVERSIGHT PLAN.—Not later than Feb- mittee is directed in a concurrent resolution chairmen with a view toward avoiding simul- ruary 15 of the first session of each Congress, on the budget to determine and recommend taneous scheduling of full Committee and the Committee shall adopt its oversight changes in laws, bills, or resolutions under subcommittee meetings or hearings when- plans for that Congress in accordance with the reconciliation process, it shall promptly clause 2(d)(1) of Rule X of the Rules of the ever possible. make such determination and recommenda- House. (b) CONSIDERATION BY COMMITTEE.—Each tions, and report a reconciliation bill or res- bill, resolution, or other matter favorably re- (c) REVIEW OF LAWS AND PROGRAMS.—The Committee and the appropriate subcommit- olution (or both) to the House or submit such ported by a subcommittee shall automati- recommendations to the Committee on the cally be placed upon the agenda of the Com- tees shall cooperatively review and study, on a continuing basis, the application, adminis- Budget, in accordance with the Congres- mittee. Any such matter reported by a sub- sional Budget Act of 1974. committee shall not be considered by the tration, execution, and effectiveness of those RULE XIV. RECORDS. Committee unless it has been delivered to laws, or parts of laws, the subject matter of the offices of all members of the Committee which is within the jurisdiction of the Com- (a) KEEPING OF RECORDS.—The Committee at least 48 hours before the meeting, unless mittee, and the organization and operation shall keep a complete record of all Com- the Chairman determines that the matter is of the Federal agencies and entities having mittee action which shall include— of such urgency that it should be given early responsibilities in or for the administration (1) in the case of any meeting or hearing consideration. Where practicable, such mat- and execution thereof, in order to determine transcripts, a substantially verbatim ac- ters shall be accompanied by a comparison whether such laws and the programs there- count of remarks actually made during the with present law and a section-by-section under are being implemented and carried out proceedings, subject only to technical, gram- analysis. in accordance with the intent of the Con- matical, and typographical corrections au- gress and whether such programs should be thorized by the person making the remarks RULE X. REFERRAL OF LEGISLATION TO SUB- continued, curtailed, or eliminated. In addi- COMMITTEES. involved; and tion, the Committee and the appropriate (a) GENERAL REQUIREMENT.—Except where (2) a record of the votes on any question on subcommittees shall cooperatively review the Chairman of the Committee determines, which a record vote is demanded. and study any conditions or circumstances in consultation with the majority members (b) PUBLIC INSPECTION.—The result of each which may indicate the necessity or desir- of the Committee, that consideration is to be such record vote shall be made available by ability of enacting new or additional legisla- by the full Committee, each bill, resolution, the Committee for inspection by the public tion within the jurisdiction of the Com- investigation, or other matter which relates at reasonable times in the offices of the mittee (whether or not any bill or resolution to a subject listed under the jurisdiction of Committee. Information so available for has been introduced with respect thereto), any subcommittee established in Committee public inspection shall include a description and shall on a continuing basis undertake fu- Rule VIII referred to or initiated by the full of the amendment, motion, order, or other ture research and forecasting on matters Committee shall be referred by the Chair- proposition and the name of each member within the jurisdiction of the Committee. man to all subcommittees of appropriate ju- voting for and each member voting against (d) REVIEW OF TAX POLICIES.—The Com- such amendment, motion, order, or propo- risdiction within two weeks. All bills shall mittee and the appropriate subcommittees be referred to the subcommittee of proper ju- sition, and the names of those members shall cooperatively review and study on a present but not voting. risdiction without regard to whether the au- continuing basis the impact or probable im- (c) PROPERTY OF THE HOUSE.—All Com- thor is or is not a member of the sub- pact of tax policies affecting subjects within mittee hearings, records, data, charts, and committee. the jurisdiction of the Committee. (b) RECALL FROM SUBCOMMITTEE.—A bill, files shall be kept separate and distinct from RULE XIII. REVIEW OF CONTINUING PROGRAMS; the congressional office records of the mem- resolution, or other matter referred to a sub- BUDGET ACT PROVISIONS. committee in accordance with this rule may ber serving as Chairman of the Committee; (a) ENSURING ANNUAL APPROPRIATIONS.— and such records shall be the property of the be recalled therefrom at any time by a vote The Committee shall, in its consideration of House and all members of the House shall of a majority of the members of the Com- all bills and joint resolutions of a public have access thereto. mittee voting, a quorum being present, for character within its jurisdiction, ensure that the Committee’s direct consideration or for appropriations for continuing programs and (d) AVAILABILITY OF ARCHIVED RECORDS.— reference to another subcommittee. activities of the Federal Government and the The records of the Committee at the Na- (c) MULTIPLE REFERRALS.—In carrying out District of Columbia government will be tional Archives and Records Administration this rule with respect to any matter, the made annually to the maximum extent fea- shall be made available for public use in ac- Chairman may refer the matter simulta- sible and consistent with the nature, require- cordance with Rule VII of the Rules of the neously to two or more subcommittees for ments, and objectives of the programs and House. The Chairman shall notify the rank- concurrent consideration or for consider- activities involved. ing minority member of the Committee of ation in sequence (subject to appropriate (b) REVIEW OF MULTI-YEAR APPROPRIA- any decision, pursuant to clause 3(b)(3) or time limitations in the case of any sub- TIONS.—The Committee shall review, from clause 4(b) of such rule, to withhold a record committee after the first), or divide the mat- time to time, each continuing program with- otherwise available, and the matter shall be ter into two or more parts (reflecting dif- in its jurisdiction for which appropriations presented to the Committee for a determina- ferent subjects and jurisdictions) and refer are not made annually in order to ascertain tion on written request of any member of the each such part to a different subcommittee, whether such program could be modified so Committee. or make such other provisions as he or she that appropriations therefore would be made (e) AUTHORITY TO PRINT.—The Committee considers appropriate. annually. is authorized to have printed and bound tes- RULE XI. RECOMMENDATION OF CONFEREES. (c) VIEWS AND ESTIMATES.—In accordance timony and other data presented at hearings The Chairman of the Committee shall rec- with clause 4(f)(1) of Rule X of the Rules of held by the Committee. All costs of steno- ommend to the Speaker as conferees the the House, the Committee shall submit to graphic services and transcripts in connec- names of those members (1) of the majority the Committee on the Budget— tion with any meeting or hearing of the party selected by the Chairman, and (2) of (1) its views and estimates with respect to Committee shall be paid as provided in the minority party selected by the ranking all matters to be set forth in the concurrent clause 1(c) of Rule XI of the House.

VerDate Aug 04 2004 04:53 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.047 H02PT1 H336 CONGRESSIONAL RECORD — HOUSE February 2, 2005 RULE XV. COMMITTEE BUDGETS. (4) The names of members and staff seek- ing the comments of the gentleman (a) BIENNIAL BUDGET.—The Chairman, in ing authorization. from California (Mr. FILNER) earlier consultation with the chairman of each sub- (b) SUBCOMMITTEE TRAVEL.—In the case of today in support of H.R. 302, a continu- committee, the majority members of the travel of members and staff of a sub- ation of a long fight for justice for our Committee, and the minority members of committee to hearings, meetings, con- the Committee, shall, for each Congress, pre- ferences, and investigations involving activi- Filipino veterans. I say, as the rep- pare a consolidated Committee budget. Such ties or subject matter under the legislative resentative from the district out of 435 budget shall include necessary amounts for assignment of such subcommittee, prior au- in our entire country containing and staff personnel, necessary travel, investiga- thorization must be obtained from the sub- holding the largest number of Filipino tion, and other expenses of the Committee. committee chairman and the Chairman. Americans, this is exactly what we (b) ADDITIONAL EXPENSES.—Authorization Such prior authorization shall be given by must do to bring justice and conclusion for the payment of additional or unforeseen the Chairman only upon the representation to this sorry story in our history. Committee expenses may be procured by one by the chairman of such subcommittee in But I rise here today to highlight an- or more additional expense resolutions proc- writing setting forth those items enumer- essed in the same manner as set out herein. ated in subparagraphs (1), (2), (3), and (4) of other issue which goes as well to the (c) TRAVEL REQUESTS.—The Chairman or paragraph (a) and that there has been a com- very heart of our collective obligation any chairman of a subcommittee may ini- pliance where applicable with Committee to our Nation’s veterans, whether they tiate necessary travel requests as provided in Rule VI. be members of our greatest generation, Committee Rule XVII within the limits of (c) TRAVEL OUTSIDE THE UNITED STATES.— like Hawaii’s own 100th Battalion and the consolidated budget as approved by the (1) IN GENERAL.—In the case of travel out- 442nd Regimental Combat Team, or House and the Chairman may execute nec- side the United States of members and staff those lost tragically in the deserts and essary vouchers thereof. of the Committee or of a subcommittee for streets of Iraq and Afghanistan, and (d) MONTHLY REPORTS.—Once monthly, the the purpose of conducting hearings, inves- Chairman shall submit to the Committee on tigations, studies, or attending meetings and that is our promise that our fallen be House Administration, in writing, a full and conferences involving activities or subject buried with their comrades in our great detailed accounting of all expenditures made matter under the legislative assignment of national cemeteries, be they Arlington during the period since the last such ac- the Committee or pertinent subcommittee, or my own National Cemetery of the counting from the amount budgeted to the prior authorization must be obtained from Pacific. Committee. Such report shall show the the Chairman, or, in the case of a sub- Despite this most elemental under- amount and purpose of such expenditure and committee from the subcommittee chairman taking, increasing numbers of veterans the budget to which such expenditure is at- and the Chairman. Before such authorization are facing a dire situation. Currently, tributed. A copy of such monthly report is given there shall be submitted to the shall be available in the Committee office for Chairman, in writing, a request for such au- 11 States do not have a national ceme- review by members of the Committee. thorization. Each request, which shall be tery operated by the Department of RULE XVI. COMMITTEE STAFF. filed in a manner that allows for a reason- Veterans Affairs, and an additional six (a) APPOINTMENT BY CHAIRMAN.—The Chair- able period of time for review before such States, including Hawaii, have national man shall appoint and determine the remu- travel is scheduled to begin, shall include the cemeteries that no longer accept cas- neration of, and may remove, the employees following: ket remains. of the Committee not assigned to the minor- (A) The purpose of the travel. To assist with this indefensible ity. The staff of the Committee not assigned (B) The dates during which the travel will shortfall, a number of States, including to the minority shall be under the general occur. Hawaii, have worked with the VA to supervision and direction of the Chairman, (C) The names of the countries to be vis- who shall establish and assign the duties and ited and the length of time to be spent in construct and operate State veterans responsibilities of such staff members and each. cemeteries. Established in 1978 to com- delegate such authority as he or she deter- (D) An agenda of anticipated activities for plement the VA’s National Cemetery mines appropriate. each country for which travel is authorized Administration, the State Cemetery (b) APPOINTMENT BY RANKING MINORITY together with a description of the purpose to Grants Program assists States in pro- MEMBER.—The ranking minority member of be served and the areas of Committee juris- viding grave sites for veterans in those the Committee shall appoint and determine diction involved. areas where VA’s national cemeteries the remuneration of, and may remove, the (E) The names of members and staff for cannot fully satisfy their burial needs. staff assigned to the minority within the whom authorization is sought. budget approved for such purposes. The staff (2) INITIATION OF REQUESTS.—Requests for On most of the neighbor islands of Ha- assigned to the minority shall be under the travel outside the United States may be ini- waii, my district, we have State ceme- general supervision and direction of the tiated by the Chairman or the chairman of a teries operated under this program. ranking minority member of the Committee subcommittee (except that individuals may Specifically, grants from the State who may delegate such authority as he or submit a request to the Chairman for the Cemetery Grants Program may be used she determines appropriate. purpose of attending a conference or meet- only for the purpose of establishing, ex- (c) INTENTION REGARDING STAFF.—It is in- ing) and shall be limited to members and panding or improving veterans ceme- tended that the skills and experience of all permanent employees of the Committee. teries that are owned and operated by members of the Committee staff shall be (3) REPORTS BY STAFF MEMBERS.—At the available to all members of the Committee. conclusion of any hearing, investigation, a State or U.S. territory. Aid can be granted only to States or U.S. terri- RULE XVII. TRAVEL OF MEMBERS AND STAFF. study, meeting, or conference for which trav- (a) APPROVAL.—Consistent with the pri- el has been authorized pursuant to this rule, tories, not to private organizations, mary expense resolution and such additional each staff member involved in such travel counties, cities or other government expense resolutions as may have been ap- shall submit a written report to the Chair- agencies. man covering the activities and other perti- proved, the provisions of this rule shall gov- b 1515 ern travel of Committee members and staff. nent observations or information gained as a Travel to be reimbursed from funds set aside result of such travel. VA can now provide up to 100 percent for the Committee for any member or any (d) APPLICABILITY OF LAWS, RULES, POLI- of the development cost for an ap- staff member shall be paid only upon the CIES.—Members and staff of the Committee proved project. For establishment of prior authorization of the Chairman. Travel performing authorized travel on official busi- new cemeteries, VA can provide for op- shall be authorized by the Chairman for any ness shall be governed by applicable laws, resolutions, or regulations of the House and erating equipment. VA cannot and does member and any staff member in connection not provide for the acquisition of land with the attendance of hearings conducted of the Committee on House Administration by the Committee or any subcommittee and pertaining to such travel, and by the travel so that the States are solely respon- meetings, conferences, and investigations policy of the Committee. sible for providing locations for such which involve activities or subject matter f cemeteries. under the general jurisdiction of the Com- State cemeteries operated and estab- mittee. Before such authorization is given STATE VETERANS CEMETERY lished under the grant program must there shall be submitted to the Chairman in FAIRNESS ACT OF 2005 conform to the standards and guide- writing the following: The SPEAKER pro tempore. Under a lines pertaining to site selection, plan- (1) The purpose of the travel. previous order of the House, the gen- ning and construction set forth by VA. (2) The dates during which the travel is to be made and the date or dates of the event tleman from Hawaii (Mr. CASE) is rec- Cemeteries must be operated solely for for which the travel is being made. ognized for 5 minutes. the burial of service members who die (3) The location of the event for which the Mr. CASE. Mr. Speaker, let me begin on active duty, veterans and their eli- travel is to be made. by completely embracing and endors- gible spouses and dependent children.

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.047 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H337 Any cemetery assisted by a VA grant the House, the gentleman from Cali- been making since 1904 through men- must be maintained and operated ac- fornia (Mr. SCHIFF) is recognized for 5 toring, creating and nurturing one-to- cording to the operational standards minutes. one relationships between adults and and measures of the National Cemetery Mr. SCHIFF. Mr. Speaker, yesterday children. Administration. After construction, the gentleman from Nebraska (Mr. Through the 454 local agencies that the administration, operation and OSBORNE) and I introduced H. Con. Res. make up this life-changing organiza- maintenance of a State’s veterans cem- 41 to honor Big Brothers Big Sisters, tion, Big Brothers Big Sisters serves etery is solely the responsibility of the the oldest and largest youth mentoring more than 220,000 children ages 5 State government, and the National organization in the United States through 18 in 5,000 communities across Cemetery Administration has no fur- which celebrated its 100th anniversary the United States. ther financial obligation to the State last year. In recognition of this mile- Research shows that Big Brothers for the burial of veterans, with one im- stone, we encourage our colleagues to Big Sisters one-to-one mentoring helps portant exception, which is the nub of cosponsor the resolution which cele- at-risk youth overcome the myriad of this speech. brates the centennial of Big Brothers challenges they face. Little Brothers Currently, the Secretary of Veterans Big Sisters and encourages the organi- and Little Sisters are less likely to Affairs is authorized to pay a plot or zation as it works toward its goal of begin using illegal drugs or consuming interment allowance up to $300 per bur- serving one million children annually. alcohol, skip school and classes or en- ial to a State for expenses incurred by A Senate companion to this legislation gage in acts of violence. They have the State for the burial of eligible vet- is being introduced by Senators ENSIGN greater self-esteem, more confidence in erans in a cemetery owned and oper- and DODD. their performance at school and are ated by the State if the burial is per- The gentleman from Nebraska and I able to get along better with their formed at no cost to the veteran’s next both know firsthand the importance of friends and families. of kin. This benefit is administered by mentoring, and we have both experi- The organization works closely with the Veterans Benefit Administration, enced its many rewards. I have been a parents and guardians to match every and the State must apply to VBA to re- Big Brother now for over 18 years. Be- child with appropriate Big Brothers ceive it. A great program, a great sup- ginning in 1986 when I was a relatively and Big Sisters. Each potential volun- plement to the assistance by our young lawyer, I walked into the Big teer is screened, trained and supervised States of the national obligations to Brothers Big Sisters of Greater Los An- to ensure that the mentor-child rela- our veterans. geles and volunteered to become a Big tionship will be a safe and rewarding But despite the $300 currently pro- Brother. I was given three Little experience for everyone involved. I can vided to State governments for each Brother applications, each of whom attest to that. My interview, I think, veteran buried in a State veterans cem- had been on a waiting list for years. I was several hours long. etery, the true cost is as much as $750 was also asked how I would feel about Partnering with Big Brothers Big per burial and rising. Thus, even with having a minority Little Brother, to Sisters benefits America’s most impor- the partial reimbursements provided which I responded I thought it would tant national treasure, our children. by the VA, State governments with no be an even better experience for me and Major private investments have en- available Federal cemeteries pay mil- I hoped for my Little Brother as well. abled the organization to be a pioneer lions of dollars to fulfill our Federal I was paired ultimately with David, in volunteerism and developing new commitment to provide a final resting then 7 years old, who had been on the ways to reach different populations of place for our veterans. waiting list for 2 years; and we were at-risk kids. As a result, Mr. Speaker, This shortfall is particularly painful Big Brothers for a day. It was a test Big Brothers Big Sisters is an ideal during the current budget difficulties run. We went to the beach. We survived Federal partner as Congress strives to faced by many States across our Na- the beach, and we decided we were the provide a better future for America’s tion and has the inevitable result, as it survivors, and now 18 years later we children. has in Hawaii, of inexcusable shortfalls are still the survivors in a brotherhood f in available State veterans cemeteries, that has lasted for almost two decades. The SPEAKER pro tempore. Under a both in burial plot availability and es- Over that time, we went to the movies, previous order of the House, the gen- pecially in operation and maintenance we went to the park, we threw a ball tleman from Vermont (Mr. SANDERS) is of existing facilities. This is certainly around, we did all the kind of things recognized for 5 minutes. again the case in Hawaii which oper- brothers do. We each became part of (Mr. SANDERS addressed the House. ates several State veterans cemeteries each other’s family. I cannot say what His remarks will appear hereafter in through VBA assistance that are kind of a difference I may have made in the Extensions of Remarks.) his life, but I can tell you he has made stretched way beyond their means. I f could go down the list, but the one that a wonderful difference in mine. comes to mind most quickly is the I had the opportunity some years ago ORDER OF BUSINESS West Hawaii Veterans Cemetery on my to go to David’s graduation from Yale Ms. JACKSON-LEE of Texas. Mr. home island of Hawaii. University. I like to say, when people Speaker, I ask unanimous consent to The bill I introduce today proposes a ask me whether I think that without speak out of order. simple modification in an otherwise my influence in his life David would The SPEAKER pro tempore. Without solid Federal program, to raise the have gone to Yale, I say, no, he would objection, the gentlewoman from Texas Federal reimbursement for veteran have gone to Harvard. There is more will be recognized to speak in place of burials in State cemeteries where there than a little truth in that. He is an ex- the gentleman from Vermont (Mr. is no Federal VA option from $300 to traordinary not-so-young man now. SANDERS). $750 per burial. The price, a minimal $5 I also had a wonderful opportunity to There was no objection. million annually as priced last year by watch him graduate from USC film f the CBO. This is fair and necessary and school, and I am looking forward one EDUCATING THE WORLD’S will enable us to fulfill this most basic day to going to the premiere of one of CHILDREN obligation. I ask for my colleagues’ his films. support. It has been a fabulous experience for The SPEAKER pro tempore. Under a Mahalo. me, and I know it has been a fabulous previous order of the House, the gentle- f experience for my colleague from Ne- woman from Texas (Ms. JACKSON-LEE) braska, who has long been a champion is recognized for 5 minutes. INTRODUCTION OF CONCURRENT of mentoring, having established a suc- Ms. JACKSON-LEE of Texas. Mr. RESOLUTION HONORING THE cessful program at the University of Speaker, over the last couple of SECOND CENTURY OF BIG Nebraska. We join with many Ameri- months, or at least almost 2 months, BROTHERS BIG SISTERS cans in recognizing the significant con- we have been listening to the very sad The SPEAKER pro tempore (Mr. tributions to our Nation’s children stories that have come out of the tsu- CULBERSON). Under a previous order of that Big Brothers Big Sisters have nami region. Those of us who have had

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.088 H02PT1 H338 CONGRESSIONAL RECORD — HOUSE February 2, 2005 the opportunity to visit that region We must minimally provide for a pri- organizations representing over 5 mil- recognize that there are no words to mary education for the world’s chil- lion members are writing to ‘‘urge that describe the devastation experienced dren. What kind of world are we to say Congressman Chris Smith remain both in terms of physical structures that we sit idly by to allow our chil- chairman of the House Committee on but also in terms of the emotional loss. dren, orphaned or not, to be sexually Veterans’ Affairs.’’ However, as I visited Sri Lanka, let abused, to be lacking in education, to b 1530 me appreciate and acknowledge the have no homes to go to, to be used in wonderful spirit of the Sri Lankan peo- human trafficking, to be sexual slaves They also said in the letter, ‘‘Over ple as well as those in the other dev- and as well child slaves and to be used the past 4 years, Chairman SMITH’s na- astated regions who realize there is in war. I believe that we will not as a tional reputation as the foremost con- still hope. But also let me say to the collective world force, as a family of gressional expert and advocate on vet- American people that one disaster humanity, be able to stand up and ac- erans’ issues has continued to grow.’’ stood out more than others. And when knowledge our own humanness by They further said in their letter, ‘‘In I say ‘‘disaster,’’ one impact of the dis- sending to the worst plight our chil- our view, it would be a tragedy if Chris aster stood out more than others and dren in this world. There should be an Smith left the chairmanship’’ of the that is the impact on children. outcry. A mere $8 billion can promise Committee on Veterans’ Affairs. First of all, it is important to note the primary education of all of the The Speaker of this House and the that the largest number of victims for world’s children. leadership of this House ignored all of the tsunami disaster were children in It will be the challenge of the Con- these 10 national veterans organiza- Indonesia, Sri Lanka, India, Thailand gressional Children’s Caucus to hold tions, and they not only removed the and Somalia and other places. Waves 15 hearings on this issue. I invite Save the gentleman from New Jersey (Mr. feet and more swept away thousands of Children, UNICEF, other United Na- SMITH) as the chairman of the Com- children, and whole generations have tions NGOs, world NGOs to join us, ce- mittee on Veterans’ Affairs; they re- now been lost. When teachers returned lebrities and others, to join us and put moved him from the committee en- to schools in Sri Lanka, one teacher our collective effort behind the idea of tirely, a committee that he had served acknowledged that she had lost her really saving the world’s children. It is on for 24 years. Why did they do this? four children. They had been swept a big task, but it can be done. We can They did it because the gentleman away. A classroom that had previously spend $80 billion and more in a supple- from New Jersey (Mr. SMITH) is an ad- held 30 students now held six. mental to help the military in Iraq. We vocate for veterans. He had the gall to I rise today to raise the conscious- speak up and to speak out and say we ness of the world on the plight of the can minimally provide $8 billion that will guarantee every single child in the should do what we have promised to do world’s children, not America’s chil- and provide our veterans with the dren but the world’s children. We find world today a primary education. Mr. Speaker, the challenge is enor- health care they need. And the leader- out that in the world we now have still ship of this House would not tolerate large numbers of those children who mous, but in seeing the devastation in the tsunami region I cannot imagine that kind of insubordination. So this are either forced into being child sol- good man was stripped of the Chair’s diers, children who are forced into that we can minimally provide for the children of the world. position and removed from the com- child slavery, children who are forced mittee. f into sexual trafficking. Children have Let me say something about the gen- been abused, and we have not re- OUSTER OF VETERANS tleman from New Jersey (Mr. SMITH), sponded to the call. COMMITTEE CHAIR the person. In my judgment, he is the Let me thank organizations like most pro-life advocate in this House of UNICEF and Save the Children and The SPEAKER pro tempore. Under a Representatives. I do not agree with other world-focused organizations who previous order of the House, the gen- the gentleman from New Jersey (Mr. focus on the needs of children, but I tleman from Ohio (Mr. STRICKLAND) is SMITH) on every issue, but I can tell would say that the need is greater than recognized for 5 minutes. the Members that he is a true conserv- we have responded to. It is time now Mr. STRICKLAND. Mr. Speaker, on ative. He is an advocate for the unborn. for a Marshall Plan that deals with the January 3 of this year, 10 national vet- He is an advocate for human rights not education of the world’s children. It is erans organizations wrote a letter to only here in this country but around time for us to raise an outcry, an out- Speaker HASTERT. Those 10 organiza- rageous outcry, to demand the ces- tions were the American Legion, the the world. And if this Republican lead- sation of using children in child labor Veterans of Foreign Wars, the Military ership would do this to their own, one camps, in sexual trafficking and as Order of the Purple Heart, the Para- can only imagine how they may re- child soldiers. lyzed Veterans of America, the Viet- spond to others who would challenge It was noted that, in the tsunami dis- nam Veterans of America, the Disabled anything the leadership may want aster, rebel groups are beginning to re- Veterans, the AMVETS, the Blinded them to do. cruit orphan children in Sri Lanka and Veterans Association, the Jewish War We are elected to come here by about Indonesia to engage in rebel fighting, Veterans, and the Noncommissioned 630,000 people. At least I think I have innocent children who before the tsu- Officers. 631,000 constituents in my district of nami had mothers and fathers and Why did these 10 groups write a let- Ohio. We are elected to come here as grandparents, children who had restful ter to Speaker HASTERT? They wrote independently elected representatives places to sleep and places to play and this letter because they were concerned of the people that vote for us, and our to be children. It is well known of the that rumors were spreading throughout responsibility is to speak up and to terrible tragedy of children in many this Chamber and across Capitol Hill speak out. Benjamin Franklin has said, parts of South America and particu- that the chairman of the House Com- If you act like sheep, the wolves will larly Brazil, but it is not well known mittee on Veterans’ Affairs, a Repub- eat you. And I would just like to say to that if we took a mere $8 billion we lican, the chairman of the Committee my Republican colleagues who sat by could guarantee a primary education on Veterans’ Affairs that had been and let the gentleman from New Jersey for every child in the world. there for 4 years, this man had served (Mr. SMITH) be treated the way he was Mr. Speaker, I am calling upon this on the Committee on Veterans’ Affairs treated by their leadership, if they can Congress, and I will be working with for 24 years, the gentleman from New do it to the gentleman from New Jer- the Congressional Children’s Caucus Jersey (Mr. SMITH), the rumor was sey (Mr. SMITH), they can do it to any which I am a cochair of. We will take spreading that Chairman SMITH was one of them. And if they act like sheep, on as our issue a Marshall Plan for edu- going to be replaced as the Chair of the if they go along to get along or to pro- cating the world’s children, a Marshall VA Committee and that someone else tect themselves or to keep from being Plan that will demand of the world, de- would be put in that position. punished by their leadership, they will mand of the United Nations, demand of These veterans groups were terribly lose the ability to be an effective advo- nations both free and unfree that their concerned because, as they said in the cate for the people who sent them here children must come first. letter, the Nation’s leading veterans to represent them.

VerDate Aug 04 2004 04:02 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.091 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H339 THE PRESIDENT’S STATE OF THE kind of revenue to match the spending. declares the House in recess subject to UNION ADDRESS AND SOCIAL SE- The President, we suspect, if past is the call of the Chair. CURITY prologue, is going to identify a number Accordingly (at 3 o’clock and 41 min- The SPEAKER pro tempore (Mr. of domestic programs; but all told utes p.m.), the House stood in recess CULBERSON). Under a previous order of those domestic programs, if we would subject to the call of the Chair. the House, the gentleman from Vir- eliminate all of them with the excep- f ginia (Mr. MORAN) is recognized for 5 tion of the defense budget, they do not b 1650 minutes. equal the amount of the annual defi- Mr. MORAN of Virginia. Mr. Speak- cits. So we need some clear plans on AFTER RECESS er, tonight is another historic oppor- how we are going to reduce this deficit, The recess having expired, the House tunity for the President to give direc- hopefully through a PAYGO plan that was called to order by the Speaker pro tion to this country through the State requires offsets against tax cuts as well tempore (Mr. DREIER) at 4 o’clock and of the Union address. I know we will all as spending increases. 50 minutes p.m. be watching, and we will all be hoping But I want to emphasize particularly f that he provides the kind of direction the Social Security program. The ELECTION OF MEMBERS TO CER- that we need, both internationally and President is going to suggest it is in TAIN STANDING COMMITTEES OF domestically. crisis. Mr. Speaker, it is not in crisis. Internationally he certainly deserves In fact, he needs to reassure the Amer- THE HOUSE credit for the kind of turnout that was ican people that there is plenty of Mr. CANTOR. Mr. Speaker, by direc- experienced in Iraq. It was at least money currently in the Social Security tion of the Republican Conference, I equal to, if not more than, most people system to take us out at least to the offer a privileged resolution (H. Res. 65) expected. He still needs to reassure us year 2052, according to the Congres- and ask for its immediate consider- that there is a timetable for with- sional Budget Office; and there is ation. drawal from Iraq and that, in fact, he enough to provide 73 percent of the The Clerk read the resolution as fol- has plans to make this a safer world by benefits for another 40-plus years. lows: dealing with truly critical situations in Right now we have about $1.7 trillion H. RES. 65 North Korea, in Russia in terms of its in reserves. That amount is going to go Resolved, That the following Members be retreat to greater control of the econ- up by hundreds of billions each year so and are hereby elected to the following that we will have over $4 trillion in re- standing committee of the House of Rep- omy and the society through a more resentatives: repressive attitude. And particularly in serves by 2015. By 2018 it starts to tip Committee on Standards of Official Con- light of the fact that there are still as my generation, the baby boom gen- duct: Mr. Hastings of Washington, Chairman; thousands of nuclear warheads in Rus- eration, starts to retire, and then we Mrs. Biggert; Mr. Smith of Texas; Ms. Hart sia, we need to make sure through pro- need to make some plans for the fu- and Mr. Cole. grams such as the Nunn-Lugar bill that ture. But let me suggest that the tax The resolution was agreed to. those nuclear warheads will never be cuts that we have enacted in 2001 and A motion to reconsider was laid on accessible to terrorist groups. 2003 total 2 percent of the gross domes- the table. There are a great many challenges tic product. The Social Security sys- f internationally. Hopefully, he will rise tem needs only 4/10 of 1 percent to ELECTION OF MEMBERS TO CER- to the occasion and provide leadership cover the shortfall for the next 75 TAIN STANDING COMMITTEES OF in the Israeli-Palestinian crisis, which years. Even the taxes just on the top 1 THE HOUSE OF REPRESENTA- is still the prism through which most percent are 6/10 of 1 percent more than TIVES Arabs and Muslims really throughout we need to cover the Social Security the world view our willingness and de- shortfall. Mr. CANTOR. Mr. Speaker, I offer a termination to provide balanced, just, That is where the emphasis needs to resolution (H. Res. 66) and ask unani- and effective leadership in bringing be. We trust that the President will mous consent for its immediate consid- about the kind of economic and social provide that kind of leadership this eration. interdependence that will stabilize that evening. The SPEAKER pro tempore. The part of the world and protect Israel Clerk will report the resolution. f The Clerk read as follows: from its enemies and enable Israel to ELECTION OF MEMBERS TO ES continue to be a true democracy and, H. R . 66 COMMITTEE ON THE BUDGET in fact, a model for the other regimes Resolved, That the following Members be and are hereby elected to the following in that area in terms of full democratic Mr. PUTNAM. Mr. Speaker, I offer a resolution (H. Res. 64) and I ask unani- standing committees of the House of Rep- participation. resentatives: These are all important objectives mous consent for its immediate consid- Committee on Education and the Work- internationally, and we trust that the eration in the House. force: Mr. Souder to rank after Mr. Johnson President will provide the kind of lead- The SPEAKER pro tempore. The of Texas. ership we need, and I am confident that Clerk will report the resolution. Committee on Financial Services: Mr. The Clerk read as follows: Pearce to rank after Mr. Gerlach. the Democrats will hold him fully ac- Committee on International Relations: Mr. H. RES. 64 countable for the results in 4 years. Barrett of South Carolina to rank after Mr. But we start out now with a Presi- Resolved, That the following Members be Boozman. dent that has just been elected with a and are hereby elected to the following Committee on Small Business: Ms. Shuster clear majority, something that did not standing committee of the House of Rep- to rank after Mr. Akin; Mr. Bradley of New happen 4 years ago. We need to work resentatives: Hampshire to rank after Mrs. Musgrave and Committee on the Budget: Mr. Crenshaw to together. And what we are told on the Mr. Keller to rank after Mr. McCotter. rank after Mr. Ryun of Kansas; Mr. Wicker Committee on Veterans’ Affairs: Mr. Nunes domestic front is that the emphasis is to rank after Mr. Putman and Ms. Ros- to rank after Ms. Brown-Waite and Mr. Turn- going to be upon deficit reduction and Lehtinen to rank after Mr. Hensarling. er. primarily upon reforming the Social The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there Security system. This is not where the objection to the request of the gen- objection to the request of the gen- emphasis needs to be in terms of the tleman from Florida? tleman from Virginia? Social Security program. There was no objection. There was no objection. Clearly, the budget deficit is in a cri- The resolution was agreed to. The resolution was agreed to. sis situation. We need leadership to A motion to reconsider was laid on A motion to reconsider was laid on lead us out of that crisis situation. We the table. the table. are currently spending 20 percent of f f the gross domestic product and bring- ing in only 16.8 percent in revenue. The RECESS RECESS President needs to show us where he is The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- going to be able to come up with the ant to clause 12(a) of rule I, the Chair ant to clause 12(a) of rule I, the Chair

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.094 H02PT1 H340 CONGRESSIONAL RECORD — HOUSE February 2, 2005 declares the House in recess until ap- The Senator from Michigan (Ms. vances in medicine, by the security proximately 8:40 p.m. for the purpose of STABENOW); purchased by our parents’ sacrifice. receiving in joint session the President The Senator from New York (Mr. Now, as we see a little gray in the mir- of the United States. SCHUMER); ror, or a lot of gray, and we watch our Accordingly (at 4 o’clock and 53 min- The Senator from North Dakota (Mr. children moving into adulthood, we ask utes p.m.), the House stood in recess DORGAN); and the question: What will be the state of until approximately 8:40 p.m. The Senator from New York (Mrs. their Union? f CLINTON). Members of Congress, the choices we The Deputy Sergeant at Arms an- make together will answer that ques- b 2045 nounced the Acting Dean of the Diplo- tion. Over the next several months, on AFTER RECESS matic Corps, His Excellency Roble issue after issue, let us do what Ameri- The recess having expired, the House Olhaye, Ambassador of the Republic of cans have always done, and build a bet- was called to order at 8 o’clock and 45 Djibouti. ter world for our children and our minutes p.m. The Acting Dean of the Diplomatic grandchildren. Corps entered the Hall of the House of First, we must be good stewards of f Representatives and took the seat re- this economy and renew the great in- JOINT SESSION OF THE HOUSE served for him. stitutions on which millions of our fel- AND SENATE HELD PURSUANT The Deputy Sergeant at Arms an- low citizens rely. TO THE PROVISIONS OF HOUSE nounced the Associate Justice of the America’s economy is the fastest CONCURRENT RESOLUTION 20 TO Supreme Court. growing of any major industrialized na- HEAR AN ADDRESS BY THE The Associate Justice of the Supreme tion. In the past 4 years, we have pro- PRESIDENT OF THE UNITED Court entered the Hall of the House of vided tax relief to every person who STATES Representatives and took the seat re- pays income taxes, overcome a reces- sion, opened up new markets abroad, The Speaker of the House presided. served for him in front of the Speaker’s prosecuted corporate criminals, raised The Deputy Sergeant at Arms, Mrs. rostrum. homeownership to its highest level in Kerri Hanley, announced the Vice The Deputy Sergeant at Arms an- history; and in the last year alone, the President and Members of the U.S. nounced the Cabinet of the President of United States has added 2.3 million Senate, who entered the Hall of the the United States. The members of the Cabinet of the new jobs. When action was needed, the House of Representatives, the Vice Congress delivered, and the Nation is President taking the chair at the right President of the United States entered the Hall of the House of Representa- grateful. of the Speaker, and the Members of the Now we must add to these achieve- tives and took the seats reserved for Senate the seats reserved for them. ments. By making our economy more them in front of the Speaker’s rostrum. The SPEAKER. The Chair appoints flexible, more innovative, and more At 9 o’clock and 5 minutes p.m., the as members of the committee on the competitive, we will keep America the Sergeant at Arms, the Honorable Wil- part of the House to escort the Presi- economic leader of the world. dent of the United States into the son Livingood, announced the Presi- America’s prosperity requires re- Chamber: dent of the United States. straining the spending appetite of the The gentleman from Texas (Mr. The President of the United States, Federal Government. I welcome the bi- DELAY); escorted by the committee of Senators partisan enthusiasm for spending dis- The gentleman from Missouri (Mr. and Representatives, entered the Hall cipline. I will send you a budget that BLUNT); of the House of Representatives, and holds that growth of discretionary The gentlewoman from Ohio (Ms. stood at the Clerk’s desk. spending below inflation, makes tax re- PRYCE); (Applause, the Members rising.) lief permanent, and stays on track to The gentleman from Arizona (Mr. The SPEAKER. Members of the Con- cut the deficit in half by 2009. My budg- SHADEGG); gress, I have the high privilege and the et substantially reduces or eliminates The gentlewoman from California distinct honor of presenting to you the more than 150 government programs (Ms. PELOSI); President of the United States. that are not getting results, or dupli- The gentleman from Maryland (Mr. (Applause, the Members rising.) cate current efforts, or do not fulfill es- HOYER); f sential priorities. The principle here is The gentleman from New Jersey (Mr. THE STATE OF THE UNION AD- clear: taxpayer dollars must be spent MENENDEZ); and DRESS BY THE PRESIDENT OF wisely, or not at all. The gentleman from South Carolina THE UNITED STATES To make our economy stronger and (Mr. CLYBURN). more dynamic, we must prepare a ris- The VICE PRESIDENT. The Presi- The PRESIDENT. Mr. Speaker, Vice ing generation to fill the jobs of the dent of the Senate, at the direction of President CHENEY, Members of Con- 21st century. Under the No Child Left that body, appoints the following Sen- gress, fellow citizens: Behind Act, standards are higher, tests ators as members of the committee on As a new Congress gathers, all of us scores are on the rise, and we are clos- the part of the Senate to escort the in the elected branches of government ing the achievement gap for minority President of the United States into the share a great privilege: we have been students. Now we must demand better House Chamber: placed in office by the votes of the peo- results from our high schools so every The Senator from Tennessee (Mr. ple we serve. And tonight that is a high school diploma is a ticket to suc- FRIST); privilege we share with newly elected cess. The Senator from Kentucky (Mr. leaders of Afghanistan, the Palestinian We will help an additional 200,000 MCCONNELL); territories, Ukraine, and a free and workers to get training for a better ca- The Senator from Pennsylvania (Mr. sovereign Iraq. reer by reforming our job training sys- SANTORUM); Two weeks ago, I stood on the steps tem and strengthening America’s com- The Senator from Texas (Mrs. of this Capitol and renewed the com- munity colleges. And we will make it HUTCHISON); mitment of our Nation to the guiding easier for Americans to afford a college The Senator from Arizona (Mr. KYL); ideal of liberty for all. This evening I education, by increasing the size of The Senator from North Carolina will set forth policies to advance that Pell grants. (Mrs. DOLE); ideal at home and around the world. To make our economy stronger and The Senator from Utah (Mr. HATCH); Tonight, with a healthy, growing more competitive, America must re- The Senator from Wyoming (Mr. economy, with more Americans going ward, not punish, the efforts and THOMAS); back to work, with our Nation an ac- dreams of entrepreneurs. Small busi- The Senator from Nevada (Mr. tive force for good in the world, the ness is the path of advancement, espe- REID); state of our Union is confident and cially for women and minorities, so we The Senator from Illinois (Mr. DUR- strong. Our generation has been blessed must free small businesses from need- BIN); by the expansion of opportunity, by ad- less regulations and protect honest job

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.098 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H341 creators from junk lawsuits. Justice is wise and effective reform. Social Secu- review of options. Some have suggested distorted and our economy is held back rity was a great moral success of the limiting benefits for wealthy retirees. by irresponsible class actions and frivo- 20th century, and we must honor its Former Congressman Tim Penny has lous asbestos claims, and I urge Con- great purposes in this new century. raised the possibility of indexing bene- gress to pass legal reforms this year. The system, however, on its current fits to prices rather than wages. During To make our economy stronger and path, is headed toward bankruptcy. the 1990s, my predecessor, President more productive, we must make health And so we must join together to Clinton, spoke of increasing the retire- care more affordable and give families strengthen and save Social Security. ment age. Former Senator John greater access to good coverage and Today, more than 45 million Ameri- Breaux suggested discouraging early more control over their health deci- cans receive Social Security benefits, collection of Social Security benefits. sions. I ask Congress to move forward and millions more are nearing retire- The late Senator Daniel Patrick Moy- on a comprehensive health care agenda ment; and for them the system is sound nihan recommended changing the way with tax credits to help low-income and fiscally strong. I have a message benefits are calculated. workers buy insurance, a community for every American who is 55 or older. All of these ideas are on the table. I health center in every poor county, im- Do not let anyone mislead you. For know that none of these reforms would proved information technology to pre- you the Social Security system will be easy. But we have to move ahead vent medical errors and needless costs, not change in any way. with courage and honesty because our association health plans for small busi- For younger workers, the Social Se- children’s retirement security is more nesses and their employees, expanded curity system has serious problems important than partisan politics. I will health savings accounts, and medical that will grow worse with time. Social work with Members of Congress to find liabilities reform that will reduce Security was created decades ago, for a the most effective combination of re- health care costs, and make sure pa- very different era. In those days people forms. I will listen to anyone who has tients have the doctors and care they did not live as long, benefits were much a good idea to offer. We must, however, need. lower than they are today, and a half be guided by some basic principles. We To keep our economy growing, we century ago, about 16 workers paid into must make Social Security perma- also need reliable supplies of afford- the system for each person drawing nently sound, not leave that task for able, environmentally responsible en- benefits. another day. ergy. Nearly 4 years ago, I submitted a Our society has changed in ways the We must not jeopardize our economic comprehensive energy strategy that founders of Social Security could not strength by increasing payroll taxes. encourages conservation, alternative have foreseen. In today’s world, people We must ensure that lower-income sources, a modernized electricity grid, are living longer and therefore drawing Americans get the help they need to and more production here at home, in- benefits longer, and those benefits are have dignity and peace of mind in their cluding safe, clean nuclear energy. My scheduled to rise dramatically over the retirement. We must guarantee that Clear Skies legislation will cut power next few decades. And instead of 16 there is no change for those now re- plants pollution and improve the workers paying in for every bene- tired or nearing retirement. And we health of our citizens. And my budget ficiary, right now it is only about 3 must take care that any changes in the provides strong funding for leading- workers; and over the next few decades system are gradual, so younger work- edge technology from hydrogen fueled that number will fall to just two work- ers have years to prepare and plan for cars, to clean coal, to renewable ers per beneficiary. With each passing their future. sources such as ethanol. Four years of year, fewer workers are paying ever As we fix Social Security, we also debate is enough. I urge Congress to higher benefits to an ever larger num- have the responsibility to make the pass legislation that makes America ber of retirees. system a better deal for younger work- more secure and less dependent on for- So here is the result: 13 years from ers. And the best way to reach that eign energy. now, in 2018, Social Security will be goal is through voluntary personal re- All these proposals are essential to paying out more than it takes in. And tirement accounts. Here is how the expand this economy and add new jobs, every year afterward will bring a new idea works. Right now, a set portion of but they are just the beginning of our shortfall, bigger than the year before. the money you earn is taken out of duty. To build the prosperity of future For example, in the year 2027, the gov- your paycheck to pay for the Social Se- generations, we must update institu- ernment will somehow have to come up curity benefits of today’s retirees. If tions that were created to meet the with an extra $200 billion to keep the you are a younger worker, I believe needs of an earlier time. Year after system afloat. And by 2033, the annual you should be able to set aside part of year, Americans are burdened by an ar- shortfall would be more than $300 bil- that money in your own retirement ac- chaic, incoherent Federal tax codes. I lion. By the year 2042, the entire sys- count, so you can build a nest egg for have appointed a bipartisan panel to tem would be exhausted and bankrupt. your own future. examine the tax codes from top to bot- If steps are not to avert that outcome, Here is why the personal accounts tom. And when their recommendations the only solutions would be dramati- are a better deal. Your money will are delivered, you and I will work to- cally higher taxes, massive new bor- grow over time at a greater rate than gether to give this Nation a tax code rowing, or sudden and severe cuts in anything the current system can de- that is pro-growth, easy to understand, Social Security benefits or other gov- liver, and your account will provide and fair to all. ernment programs. money for retirement over and above America’s immigration system is I recognize that 2018 and 2042 may the check you will receive from Social also outdated, unsuited to the needs of seem a long way off. But those dates Security. our economy and to the values of our are not so distant, as any parent will In addition, you will be able to pass country. We should not be content with tell you. If you have a 5-year-old, you along the money that is accumulating laws that punish hardworking people are already concerned about how you in your personal account if you wish to who want only to provide for their fam- will pay for college tuition 13 years your children or grandchildren. And ilies, and deny businesses willing work- down the road. If you have got children best of all, the money in the account is ers and invite chaos at our border. It is in their twenties, as some of us do, the yours, and the Government can never time for an immigration policy that idea of Social Security collapsing be- take it away. permits temporary guest workers to fore they retire does not seem like a The goal here is greater security in fill jobs Americans will not take, that small matter. And it should not be a retirement, so we will set careful rejects amnesty, that tells us who is small matter to the United States Con- guidelines for personal accounts. We entering and leaving our country, and gress. will make sure the money can only go that closes the border to drug dealers You and I share a responsibility. We into a conservative mix of bonds and and terrorists. must pass reforms that solve the finan- stock funds. We will make sure that One of America’s most important in- cial problems of Social Security once your earnings are not eaten up by hid- stitutions, a balance of the trust be- and for all. Fixing Social Security per- den Wall Street fees. We will make tween generations, is also in need of manently will require an open, candid sure there are good options to protect

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.100 H02PT1 H342 CONGRESSIONAL RECORD — HOUSE February 2, 2005 your investments from sudden market feels isolated from the opportunities of their number has declined. There are swings on the eve of your retirement. America. Our government will con- still regions seeking weapons of mass We will make sure a personal account tinue to support faith-based and com- destruction, but no longer without at- cannot be emptied all at once, but munity groups that bring hope to harsh tention and without consequence. Our rather paid out over time, as an addi- places. Now we need to focus on giving country is still the target of terrorists tion to traditional Social Security ben- young people, especially young men in who want to kill many, and intimidate efits. And we will make sure this plan our cities, better options than apathy us all; and we will stay on the offensive is fiscally responsible, by starting per- or gangs or jail. Tonight I propose a 3- against them until the fight is won. sonal accounts gradually and raising year initiative to help organizations Pursuing our enemies is a vital com- the yearly limits on contributions over keep young people out of gangs and mitment of the war on terror, and I time, eventually permitting all work- show young men an ideal of manhood thank the Congress for providing our ers to set aside 4 percentage points of that respects women and rejects vio- servicemen and -women with the re- their payroll taxes in their accounts. lence. Taking on gang life will be one sources they have needed. During this Personal retirement accounts should part of a broader outreach to at-risk time of war, we must continue to sup- be familiar to Federal employees, be- youth, which involves parents and pas- port our military and give them the cause you already have something tors, coaches and community leaders, tools for victory. similar called the Thrift Savings Plan, in programs ranging from literacy to Other nations around the globe have which lets workers deposit a portion of sports. I am proud that the leader of stood with us. In Afghanistan, an inter- their paychecks into any of five dif- this nationwide effort will be our First national force is helping provide secu- ferent broadly based investment funds. Lady, Laura Bush. rity. In Iraq, 28 countries have troops It is time to extend the same security Because HIV/AIDS brings suffering on the ground, the United Nations and and choice and ownership to young and fear into so many lives, I ask you the European Union provided technical Americans. to reauthorize the Ryan White Act to assistance for the elections, and NATO Our second great responsibility to encourage prevention and provide care is leading a mission to help train Iraqi our children and grandchildren is to and treatment to the victims of that officers. We are cooperating with 60 honor and to pass along the values that disease. And as we update this impor- governments in the Proliferation Secu- sustain a free society. So many of my tant law, we must focus our efforts on rity Initiative to detect and stop the generation, after a long journey, have fellow citizens with the highest rates of transit of dangerous materials. come home to family and faith and are new cases, African American men and We are working closely with the gov- determined to bring up responsible, women. ernments in Asia to convince North moral children. Government is not the Because one of the main sources of Korea to abandon its nuclear ambi- source of these values, but government our national unity is our belief in equal tions. Pakistan, Saudi Arabia, and nine should never undermine them. justice, we need to make sure Ameri- other countries have captured or de- Because marriage is a sacred institu- cans of all races and backgrounds have tained al Qaeda terrorists. In the next tion and the foundation of society, it confidence in the system that provides 4 years, my administration will con- should not be redefined by activist justice. In America we must make dou- tinue to build the coalitions that will judges. For the good of families, chil- bly sure no person is held to account defeat the dangers of our time. dren, and society, I support a constitu- for a crime he or she did not commit, In the long term, the peace we seek tional amendment to protect the insti- so we are dramatically expanding the will only be achieved by eliminating tution of marriage. use of DNA evidence to prevent wrong- the conditions that feed radicalism and Because a society is measured by how ful conviction. Soon I will send to Con- ideologies of murder. If whole regions it treats the weak and vulnerable, we gress a proposal to fund special train- of the world remain in despair and must strive to build a culture of life. ing for defense counsel in capital cases, grow in hatred, they will be the re- Medical research can help us reach because people on trial for their lives cruiting grounds for terror, and that that goal by developing treatments and must have competent lawyers by their terror will stalk America and other cures that save lives and help people side. free nations for decades. overcome disabilities, and I thank the Our third responsibility to future The only force powerful enough to Congress for doubling the funding of generations is to leave them an Amer- stop the rise of tyranny and terror, and the National Institutions of Health. To ica that is safe from danger and pro- replace hatred with hope, is the force build a culture of life, we must also en- tected by peace. We will pass along to of human freedom. Our enemies know sure that scientific advances always our children all the freedoms we enjoy, this, and that is why the terrorist serve human dignity, not take advan- and chief among them is freedom from Zarqawi recently declared war on what tage of some lives for the benefit of fear. he called the evil principle of democ- others. We should all be able to agree In the 31⁄2 years since September 11, racy. And we have declared our own in- on some clear standards. 2001, we have taken unprecedented ac- tention: America will stand with the I will work with Congress to ensure tions to protect Americans. We have allies of freedom to support democratic that human embryos are not created created a new Department of govern- movements in the Middle East and be- for experimentation or grown for body ment to defend our homeland, focused yond, with the ultimate goal of ending parts and that human life is never the FBI on preventing terrorism, begun tyranny in our world. bought or sold as a commodity. Amer- to reform our intelligence agencies, The United States has no right, no ica will continue to lead the world in broken up terror cells across the coun- desire, and no intention to impose our medical research that is ambitious, ag- try, expanded research on defenses form of government on anyone else. gressive, and always ethical. against biological and chemical attack, That is one of the main differences be- Because courts must always deliver improved border security, and trained tween us and our enemies. impartial justice, judges have a duty to more than a half million first respond- They seek to impose and expand an faithfully interpret the law, not legis- ers. Police and firefighters, air mar- empire of oppression, in which a tiny late from the bench. As President, I shals, researchers and so many others group of brutal, self-appointed rulers have a constitutional responsibility to are working every day to make our control every aspect of every life. Our nominate men and women who under- homeland safer, and we thank them all. aim is to build and preserve a commu- stand the role of courts in our democ- Our Nation, working with allies and nity of free and independent nations, racy and are well qualified to serve on friends, has also confronted the enemy with governments that answer to their the bench, and I have done so. The Con- abroad with measures that are deter- citizens, and reflect their own cultures. stitution also gives the Senate a re- mined, successful, and continuing. The And because democracies respect their sponsibility: every judicial nominee de- al Qaeda terror network that attacked own people and their own neighbors, serves an up-or-down vote. our country still has leaders, but many the advance of freedom will lead to Because one of the deepest values of of its top commanders have been re- peace. our country is compassion, we must moved. There are still governments That advance has great momentum never turn away from any citizen who that sponsor and harbor terrorists, but in our time, shown by women voting in

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.101 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H343 Afghanistan, and Palestinians choosing dom in Iraq will strengthen a new ally tion partners will increasingly be in a a new direction, and the people of in the war on terror, inspire demo- supporting role. In the end, Iraqis must Ukraine asserting their democratic cratic reformers from Damascus to be able to defend their own country; rights and electing a president. We are Tehran, bring more hope and progress and we will help that proud, new na- witnessing landmark events in the his- to a troubled region, and thereby lift a tion secure its liberty. tory of liberty. And in the coming terrible threat from the lives of our Recently an Iraqi interpreter said to years, we will add to that story. children and grandchildren. a reporter, ‘‘Tell America not to aban- The beginnings of reform and democ- We will succeed because the Iraqi don us.’’ He and all Iraqis can be cer- racy in the Palestinian territories are people value their own liberty, as they tain: while our military strategy is now showing the power of freedom to showed the world last Sunday. Across adapting to circumstances, our com- break old patterns of violence and fail- Iraq, often at great risk, millions of mitment remains firm and unchanging. ure. Tomorrow morning, Secretary of citizens went to the polls and elected We are standing for the freedom of our State Rice departs on a trip that will 275 men and women to represent them Iraqi friends and freedom in Iraq will take her to Israel and the West Bank in a new transitional national assem- make America safer for generations to for meetings with Prime Minister bly. A young woman in Baghdad told of come. We will not set an artificial Sharon and President Abbas. She will waking to the sound of mortar fire on timetable for leaving Iraq because that discuss with them how we and our election day and wondering if it might would embolden the terrorists and friends can help the Palestinian people be too dangerous to vote. She said, make them believe they can wait us end terror and build the institutions of ‘‘Hearing those explosions, it occurred out. We are in Iraq to achieve a result: a a peaceful, independent democratic to me, the insurgents are weak, they country that is democratic, representa- state. To promote this democracy, I are afraid of democracy, they are los- tive of all its people, at peace with its will ask Congress for $350 million to ing. So I got my husband, and I got my neighbors, and able to defend itself. support Palestinian political, eco- parents, and we all came out and voted And when that result is achieved, our nomic, and security reforms. The goal together.’’ Americans recognize that men and women serving in Iraq will re- of two democratic states, Israel and spirit of liberty, because we share it. In turn home with the honor they have Palestine, living side by side in peace any nation, casting your vote is an act earned. is within reach; and America will help of civic responsibility. For millions of Right now, Americans in uniform are them achieve that goal. Iraqis, it was also an act of personal serving at posts across the world, often To promote peace and stability in the courage, and they have earned the re- taking great risks on my orders. We broader Middle East, the United States spect of us all. have given them training and equip- will work with our friends in the region One of Iraq’s leading democracy and ment, and they have given us an exam- to fight the common threat of terror, human rights advocates is Safia Taleb ple of idealism and character that while we encourage a higher standard al-Suhail. She says of her country, ‘‘We makes every American proud. The vol- of freedom. Hopeful reform is already were occupied for 35 years by Saddam unteers of our military are unrelenting taking hold in an arc from Morocco to Hussein. That was the real occupation. in battle, unwavering in loyalty, un- Jordan to Bahrain. The government of Thank you to the American people who matched in honor and decency, and Saudi Arabia can demonstrate its lead- paid the cost, but most of all to the every day they are making our Nation ership in the region by expanding the soldiers.’’ Eleven years ago, Safia’s fa- more secure. Some of our servicemen role of its people in determining their ther was assassinated by Saddam’s in- and -women have survived terrible in- future. And the great and proud nation telligence service. Three days ago in juries, and this grateful Nation will do of Egypt, which showed the way toward Baghdad, Safia was finally able to vote everything we can to help them re- peace in the Middle East, can now show for the leaders of her country, and we cover. And we have said farewell to the way toward democracy in the Mid- are honored that she is with us tonight. some very good men and women who dle East. The terrorists and insurgents are vi- died for our freedom and whose mem- To promote peace in the broader Mid- tally opposed to democracy and will ory this Nation will honor forever. dle East, we must confront regimes continue to attack it. Yet the terror- One name we honor is Marine Corps that continue to harbor terrorists and ists’ most powerful myth is being de- Sergeant Byron Norwood of pursue weapons of mass murder. Syria stroyed. The whole world is seeing that Pflugerville, Texas, who was killed still allows its territory, and parts of the car bombers and assassins are not during the assault on Fallujah. His Lebanon, to be used by terrorists who only fighting coalition forces; they are mom, Janet, sent me a letter and told seek to destroy every chance of peace trying to destroy the hopes of Iraqis, me how much Byron loved being a Ma- in the region. You have passed, and we expressed in free elections. And the rine, and how proud he was to be on the are applying, the Syrian Account- whole world now knows that a small front line against terror. She wrote, ability Act; and we expect the Syrian group of extremists will not overturn ‘‘When Byron was home the last time, government to end all support for ter- the will of the Iraqi people. I said that I wanted to protect him like ror and open the door to freedom. We will succeed in Iraq because I had since he was born. He just hugged Today, Iran remains the world’s pri- Iraqis are determined to fight for their me and said: ‘You have done your job, mary state sponsor of terror, pursuing own freedom, and to write their own Mom. Now it is my turn to protect nuclear weapons while depriving its history. As Prime Minister Allawi said you.’’’ Ladies and gentlemen, with people of the freedom they seek and de- in his speech to Congress last Sep- grateful hearts, we honor freedom’s de- serve. We are working with European tember, ‘‘Ordinary Iraqis are anxious fenders, and our military families, rep- allies to make clear to the Iranian re- to shoulder all the security burdens of resented here this evening by Sergeant gime that it must give up its uranium our country as quickly as possible.’’ Norwood’s mom and dad, Janet and enrichment program and any pluto- That is the natural desire of an inde- Bill Norwood. nium reprocessing, and end its support pendent nation, and it is also the stat- In these 4 years, Americans have seen for terror. And to the Iranian people, I ed mission of our coalition in Iraq. the unfolding of large events. We have say tonight: as you stand for your own The new political situation in Iraq known times of sorrow, and hours of liberty, America stands with you. opens a new phase of our work in that uncertainty, and days of victory. In all Our generational commitment to the country. At the recommendation of our this history, even when we have dis- advance of freedom, especially in the commanders on the ground, and in con- agreed, we have seen threads of purpose Middle East, is now being tested and sultation with the Iraqi government, that unite us. The attack on freedom honored in Iraq. That country is a vital we will increasingly focus our efforts in our world has reaffirmed our con- front in the war on terror, which is on helping prepare more capable Iraqi fidence in freedom’s power to change why the terrorists have chosen to security forces, forces with skilled offi- the world. We are all part of a great make a stand there. Our men and cers, and an effective command struc- venture: to extend the promise of free- women in uniform are fighting terror- ture. As those forces become more self- dom in our country, to renew the val- ists in Iraq, so we do not have to face reliant and take on greater security re- ues that sustain our liberty, and to them here at home. The victory of free- sponsibilities, America and its coali- spread the peace that freedom brings.

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.103 H02PT1 H344 CONGRESSIONAL RECORD — HOUSE February 2, 2005 As Franklin Roosevelt once reminded Any Member wishing to offer an Mr. CASE, for 5 minutes, today. Americans: ‘‘Each age is a dream that amendment should submit 55 copies of Mr. SCHIFF, for 5 minutes, today. is dying, or one that is coming to the amendment and one copy of a brief Mr. SANDERS, for 5 minutes, today. birth.’’ And we live in the country explanation of the amendment to the Mr. STRICKLAND, for 5 minutes, where the biggest dreams are born. The Rules Committee in room H–312 of the today. abolition of slavery was only a dream, Capitol by 12 noon on Tuesday, Feb- (The following Members (at the re- until it was fulfilled. The liberation of ruary 8, 2005. Members should draft quest of Mr. JENKINS) to revise and ex- Europe from Fascism was only a their amendments to the bill as intro- tend their remarks and include extra- dream, until it was achieved. The fall duced on January 26, 2005. neous material:) of Imperial Communism was only a Members should use the Office of Mr. JONES of North Carolina, for 5 dream, until, one day, it was accom- Legislative Counsel to ensure that minutes, February 8. plished. Our generation has dreams of their amendments are drafted in the Mr. YOUNG of Alaska, for 5 minutes, its own, and we also go forward with most appropriate format and should today. confidence. The road of Providence is check with the Office of the Parliamen- (The following Members (at their own uneven and unpredictable, yet we know tarian to be certain their amendments request) to revise and extend their re- where it leads: it leads to freedom. comply with the rules of the House. marks and include extraneous mate- rial:) Thank you, and may God bless Amer- f ica. Ms. JACKSON-LEE of Texas, for 5 min- (Applause, the Members rising.) RESIGNATION AS MEMBER OF utes, today. At 10 o’clock and 4 minutes p.m. the COMMITTEE ON RESOURCES Mr. MORAN of Virginia, for 5 minutes, President of the United States, accom- The SPEAKER pro tempore (Mr. today. panied by the committee of escort, re- DREIER) laid before the House the fol- f tired from the Hall of the House of lowing resignation as a member of the SENATE BILLS REFERRED Representatives. Committee on Resources: The Deputy Sergeant at Arms es- A bill of the Senate of the following CONGRESS OF THE UNITED STATES, title was taken from the Speaker’s corted the invited guests from the HOUSE OF REPRESENTATIVES, Chamber in the following order: Washington, DC, February 2, 2005. table and, under the rule, referred as The members of the President’s Cabi- Hon. DENNIS HASTERT, follows: net. Speaker of the House of Representatives, S. 167. An act to provide for the protection The Associate Justice of the Supreme Washington, DC. of intellectual property rights, and for other purposes; to the Committee on the Judici- Court. DEAR SPEAKER HASTERT: I am writing to inform you of my resignation from the Re- ary; in addition to the Committee on House The Acting Dean of the Diplomatic sources Committee, effective today, Wednes- Administration for a period to be subse- Corp. day, February 2, 2005. quently determined by the Speaker, in each f Sincerely, case for consideration of such provisions as MARK SOUDER fall within the jurisdiction of the committee JOINT SESSION DISSOLVED Member of Congress. concerned. The SPEAKER. The Chair declares The SPEAKER pro tempore. Without f the joint meeting of the two Houses objection, the resignation is accepted. ADJOURNMENT now dissolved. There was no objection. Accordingly, at 10 o’clock and 5 min- Ms. FOXX. Mr. Speaker, pursuant to utes p.m., the joint meeting of the two f House Concurrent Resolution 39, 109th Houses was dissolved. COMMUNICATION FROM THE Congress, I move that the House do The Members of the Senate retired to CLERK OF THE HOUSE now adjourn. their Chamber. The motion was agreed to. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Pursu- f fore the House the following commu- ant to the provisions of House Concur- MESSAGE OF THE PRESIDENT RE- nication from the Clerk of the House of rent Resolution 39, 109th Congress, the FERRED TO THE COMMITTEE OF Representatives: House stands adjourned until 2 p.m. on THE WHOLE HOUSE ON THE OFFICE OF THE CLERK, Tuesday, February 8, 2005. STATE OF THE UNION U.S. HOUSE OF REPRESENTATIVES, Thereupon (at 10 o’clock and 8 min- Washington, DC, February 2, 2005. utes p.m.), pursuant to House Concur- Mr. BLUNT. Mr. Speaker, I move Hon. J. DENNIS HASTERT, that the message of the President be The Speaker, House of Representatives, rent Resolution 39, the House ad- referred to the Committee of the Whole Washington, DC. journed until Tuesday, February 8, House on the State of the Union and DEAR MR. SPEAKER: Pursuant to the per- 2005, at 2 p.m. ordered printed. mission granted in Clause 2(h) of Rule II of f The motion was agreed to. the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- EXECUTIVE COMMUNICATIONS, f sage from the Secretary of the Senate on ETC. PERMISSION FOR MEMBER TO RE- February 2, 2005 at 5:30 p.m.: Under clause 8 of rule XII, executive VISE AND EXTEND REMARKS ON That the Senate agreed to without amend- communications were taken from the THIS LEGISLATIVE DAY. ment H. Con. Res. 39. Wish best wishes, I am. Speaker’s table and referred as follows: The SPEAKER. Without objection, Sincerely, 523. A letter from the Administrator, AMS, the gentleman from California (Mr. JEFF TRANDAHL, Department of Agriculture, transmitting the DREIER) is permitted to revise and ex- Clerk of the House. Department’s final rule — Exempting Or- tend and insert extraneous material on ganic Producers From Assessment by Re- f search and Promotion Programs [Docket No. this legislative day. SPECIAL ORDERS GRANTED PY-02-006] (RIN: 0581-AC15) received January There was no objection. 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to f By unanimous consent, permission to the Committee on Agriculture. address the House, following the legis- 524. A letter from the Congressional Re- AMENDMENT PROCESS FOR CON- lative program and any special orders view Coordinator, APHIS, Department of Ag- SIDERATION OF H.R. 418, REAL ID heretofore entered, was granted to: riculture, transmitting the Department’s ACT OF 2005 (The following Members (at the re- final rule — Delegation of Authority [Docket Mr. DREIER. Mr. Speaker, the Rules quest of Ms. WOOLSEY) to revise and ex- No. 04-120-1] received December 27, 2004, pur- Committee may meet the week of Feb- tend their remarks and include extra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Agriculture. ruary 7th to grant a rule which could neous material:) 525. A letter from the Deputy Associate limit the amendment process for floor Mr. DEFAZIO, for 5 minutes, today. Administrator, Environmental Protection consideration of H.R. 418, the REAL ID Ms. WOOLSEY, for 5 minutes, today. Agency, transmitting the Agency’s final rule Act of 2005. Mr. FILNER, for 5 minutes, today. — Peanuts, Tree Nuts, Milk, Soybeans, Eggs,

VerDate Aug 04 2004 06:11 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.104 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H345 Fish, Crustacea, and Wheat; Exemption from 536. A letter from the Under Secretary for tion of Assets in Single-Employer Plans; In- the Requirement of a Tolerance [OPP-2005- Personnel and Readiness, Department of De- terest Assumptions for Valuing and Paying 0001; FRL-7694-5] received January 7, 2005, fense, transmitting a report on the mobiliza- Benefits — received December 15, 2004, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion during FY 2002 and 2003 of members of ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Agriculture. the reserve components, as required by Sec- on Education and the Workforce. 526. A letter from the Comptroller, Depart- tion 517(a) of the National Defense Author- 547. A letter from the Secretary, Depart- ment of Defense, transmitting a report of a ization Act for FY 2004; to the Committee on ment of Health and Human Services, trans- violation of the Antideficiency Act by the Armed Services. mitting the fourth report, ‘‘Infertility and Department of the Army, Case Number 01-01, 537. A letter from the Inspector General, Sexually Transmitted Diseases,’’ as required pursuant to 31 U.S.C. 1517(b); to the Com- Department of Defense, transmitting the by Section 318A(o)(2) of the Public Health mittee on Appropriations. semiannual report of the Inspector General Service Act; to the Committee on Energy 527. A letter from the Comptroller, Depart- for the period April 1, 2004-September 30, and Commerce. ment of Defense, transmitting a report of a 2004, pursuant to 5 U.S.C. app. (Insp. Gen. 548. A letter from the Secretary, Depart- violation of the Antideficiency Act by the Act) section 5(b); to the Committee on ment of Transportation, transmitting the Department of the Navy, Case Number 02-03, Armed Services. Department’s Fiscal Year 2004 annual report pursuant to 31 U.S.C. 1517(b); to the Com- 538. A letter from the Director, Defense as required by the Superfund Amendments mittee on Appropriations. Procurement and Acquisition Policy, De- and Reauthorization Act (SARA) of 1986, as 528. A letter from the Acting Assistant partment of Defense, transmitting the De- amended, pursuant to 42 U.S.C. 9620; to the Secretary for Legislative Affairs, Depart- partment’s final rule — Defense Federal Ac- Committee on Energy and Commerce. ment of State, transmitting a report on U.S. quisition Regulation Supplement; DoD Pilot 549. A letter from the Deputy Associate military personnel and U.S. individual civil- Mentor-Protege Program [DFARS Case 2003- Administrator, Environmental Protection ians retained as contractors involved in sup- D013] received December 15, 2004, pursuant to Agency, transmitting the Agency’s final rule porting Plan Colombia, pursuant to Public 5 U.S.C. 801(a)(1)(A); to the Committee on — Approval and Promulgation of State Plans Law 106—246, section 3204 (f) (114 Stat. 577); Armed Services. for Designated Facilities and Pollutants: to the Committee on Armed Services. 539. A letter from the Attorney Advisor, Bernalillo County, New Mexico; Negative 529. A letter from the Director, Defense Maritime Administration, Department of Declaration [R06-OAR-2004-NM-0001; FRL- Procurement and Acquisition Policy, De- Transportation, transmitting the Depart- 7858-5] received January 7, 2005, pursuant to partment of Defense, transmitting the De- ment’s final rule — Deferment of Service Ob- 5 U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Defense Federal Ac- ligations of Midshipmen Recipients of Schol- Energy and Commerce. 550. A letter from the Deputy Associate quisition Regulation Supplement; Free arships or Fellowships [Docket No. MARAD Administrator, Environmental Protection Trade Agreements — Chile and Singapore 2004-17759] (RIN: 2133-AB58) received Decem- Agency, transmitting the Agency’s final rule [DFARS Case 2003-D088] received December ber 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); — Approval and Promulgation of Air Quality 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to to the Committee on Armed Services. Implementation Plans; West Virginia; Redes- the Committee on Armed Services. 540. A letter from the Administrator, Food ignation of the City of Weirton Including the 530. A letter from the Director, Defense and Nutrition Service, Department of Agri- Clay and Butler Magisterial Districts SO2 Procurement and Acquisition Policy, De- culture, transmitting the Department’s final Nonattainment Area and Approval of the partment of Defense, transmitting the De- rule — Waiver of the Requirement to Use Maintenance Plan [R03-OAR-2004-WV-0002; partment’s final rule — Defense Federal Ac- Weighted Averages in the National School FRL-7852-8] received January 7, 2005, pursu- quisition Regulation Supplement; Fire- Lunch and School Breakfast Programs (RIN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee fighting Services Contracts [DFARS Case 0584-AD63) received December 15, 2004, pursu- on Energy and Commerce. 2003-D107] received December 15, 2004, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 551. A letter from the Deputy Associate ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Education and the Workforce. Administrator, Environmental Protection on Armed Services. 541. A letter from the Director, Child Nu- Agency, transmitting the Agency’s final rule 531. A letter from the Director, Defense trition Division, Food and Nutrition Service, — Approval and Promulgation of Air Quality Procurement and Acquisition Policy, De- Department of Agriculture, transmitting the Implementation Plans; Idaho; Revised For- partment of Defense, transmitting the De- Department’s final rule — National School mat for Materials Being Incorporated by Ref- partment’s final rule — Defense Federal Ac- Lunch Program: Requirement for Variety of erence [ID-04-002; FRL-7842-3] received Janu- quisition Regulation Supplement; Construc- Fluid Milk in Reimbursable Meals (RIN: ary 7, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); tion and Architect-Engineer Services 0584-AD55) received December 15, 2004, pursu- to the Committee on Energy and Commerce. [DFARS Case 2003-D035] received December ant to 5 U.S.C. 801(a)(1)(A); to the Committee 552. A letter from the Deputy Associate 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to on Education and the Workforce. Administrator, Environmental Protection the Committee on Armed Services. 542. A letter from the Director, Child Nu- Agency, transmitting the Agency’s final rule 532. A letter from the Director, Defense trition Division, FNS, Department of Agri- — Protection of Stratospheric Ozone: Leak Procurement and Acquisition Policy, De- culture, transmitting the Department’s final Repair Requirements for Appliances Using partment of Defense, transmitting the De- rule — Waiver of the Requirement to Use Substitute Refridgerants [FRL-7858-7] (RIN: partment’s final rule — Defense Federal Ac- Weighted Averages in the National School 2060-AM05) received January 7, 2005, pursuant quisition Regulation Supplement; Competi- Lunch and School Breakfast Programs — re- to 5 U.S.C. 801(a)(1)(A); to the Committee on tion Requirements [DFARS Case 2003-D017] ceived December 15, 2004, pursuant to 5 Energy and Commerce. received December 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Edu- 553. A letter from the Assistant Legal Ad- U.S.C. 801(a)(1)(A); to the Committee on cation and the Workforce. viser for Treaty Affairs, Department of Armed Services. 543. A letter from the Assistant Secretary, State, transmitting copies of international 533. A letter from the Director, Defense EBSA, Department of Labor, transmitting agreements, other than treaties, entered into Procurement and Acquisition Policy, De- the Department’s final rule — Mental Health by the United States, pursuant to 1 U.S.C. partment of Defense, transmitting the De- Parity (RIN: 1210-AA62) received January 3, 112b(a); to the Committee on International partment’s final rule — Defense Federal Ac- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Relations. quisition Regulation Supplement; Contract Committee on Education and the Workforce. 554. A letter from the Deputy Secretary, Period for Task and Delivery Order Con- 544. A letter from the Acting Director, Di- Department of the Treasury, transmitting as tracts [DFARS Case 2003-D097/2004-D023] re- rectorate of Standards and Guidance, De- required by section 401(c) of the National ceived January 7, 2005, pursuant to 5 U.S.C. partment of Labor, transmitting the Depart- Emergencies Act, 50 U.S.C. 1641(c), and sec- 801(a)(1)(A); to the Committee on Armed ment’s final rule — Standards Improvement tion 204(c) of the International Emergency Services. Project-Phase II [Docket No. S-778-A] (RIN: Economic Powers Act, 50 U.S.C. 1703(c), a 534. A letter from the Director, Defense 1218-AB81) received January 7, 2005, pursuant six-month periodic report of the national Procurement and Acquisition Policy, De- to 5 U.S.C. 801(a)(1)(A); to the Committee on emergency with respect to Liberia that was partment of Defense, transmitting the De- Education and the Workforce. declared in Executive Order 13348 of July 22, partment’s final rule — Defense Federal Ac- 545. A letter from the Senior Regulatory 2004; to the Committee on International Re- quisition Regulation Supplement; Free Officer, Wage & Hour Division, ESA, Depart- lations. Trade Agreements — Australia and Morocco ment of Labor, transmitting the Depart- 555. A letter from the Chief Counsel, Office [DFARS Case 2004-D013] received January 19, ment’s final rule — Child Labor Regulations, of Foreign Assets Control, Department of the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Orders and Statements of Interpretation; Treasury, transmitting the Department’s Committee on Armed Services. Child Labor Violations—Civil Money Pen- final rule — Cuban Assets Control Regula- 535. A letter from the Principal Deputy alties (RIN: 1215-AA09) received December 17, tions; Sudanese Sanctions Regulations; Ira- Under Secretary for Personnel and Readi- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the nian Transactions Regulations — received ness, Department of Defense, transmitting Committee on Education and the Workforce. December 17, 2004, pursuant to 5 U.S.C. approval of Colonel William A. Chambers, 546. A letter from the Director, Corporate 801(a)(1)(A); to the Committee on Inter- United States Air Force, to wear the insignia Policy and Research Dept., Pension Benefit national Relations. of brigadier general in accordance with title Guaranty Corporation, transmitting the Cor- 556. A letter from the Secretary, Depart- 10, United States Code, section 777; to the poration’s final rule — Benefits Payable in ment of Commerce, transmitting the Depart- Committee on Armed Services. Terminated Single-Employer Plans; Alloca- ment’s 2005 Report on Foreign Policy-Based

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\L02FE7.000 H02PT1 H346 CONGRESSIONAL RECORD — HOUSE February 2, 2005 Export Controls, prepared by the Depart- Section 647(b) of Division F of the Consoli- tional Oceanic and Atmospheric Administra- ment’s Bureau of Industry and Security dated Appropriations Act, FY 2004, Pub. L. tion, transmitting the Administration’s final (BIS), as required by Section 6 of the Export 108-199, the Agency’s report on competitive rule — Fisheries of the Exclusive Economic Administration Act of 1979, as amended; to sourcing efforts for FY 2004; to the Com- Zone Off Alaska; Groundfish of the Bering the Committee on International Relations. mittee on Government Reform. Sea and Aleutian Islands Management Area 557. A letter from the Secretary, Depart- 565. A letter from the Executive Associate [Docket No. 031124287-4060-02; I.D. 1020904D] ment of Commerce, transmitting consistent Director, Office of Management and Budget, received January 7, 2005, pursuant to 5 U.S.C. with the resolution of advice and consent to transmitting in accordance with Section 801(a)(1)(A); to the Committee on Resources. ratification of the Convention on the Prohi- 647(b) of Division F of the Consolidated Ap- 575. A letter from the Assistant Adminis- bition of the Development, Production, propriations Act, FY 2004, Pub. L. 108-199, the trator, NMFS, National Oceanic and Atmos- Stockpiling and Use of Chemical Weapons Office’s report on competitive sourcing ef- pheric Administration, transmitting the Ad- and on Their Destruction, adopted by the forts for FY 2004; to the Committee on Gov- ministration’s final rule — Atlantic Highly Senate of the United States on April 24, 1997 ernment Reform. Migratory Species; Atlantic Trade Restric- and Executive Order 13346, certification for 566. A letter from the Director, Division for tive Measures [Docket No. 040421127-4322-02; calendar year 2004 that interests of the Strategic Human Resources Policy, Office of I.D. 051403A] (RIN: 0648-AR10) received De- United States are not being harmed signifi- Personnel Management, transmitting the Of- cember 27, 2004, pursuant to 5 U.S.C. cantly by the limitations of the Convention; fice’s final rule — Federal Employee Health 801(a)(1)(A); to the Committee on Resources. to the Committee on International Rela- Benefits Program: Modification of Two-Op- 576. A letter from the Deputy Assistant Ad- tions. tion Limitation For Health Benefits Plans ministrator for Operations, NMFS, National 558. A letter from the Assistant Secretary and Continuation of Coverage for Annuitants Oceanic and Atmospheric Administration, for Export Administration, Department of Whose Plan Terminates an Option (RIN: 3206- transmitting the Administration’s final rule Commerce, transmitting the Department’s AK48) received January 10, 2005, pursuant to — Fisheries of the Northeastern United final rule — Implementation of the Under- 5 U.S.C. 801(a)(1)(A); to the Committee on States; Summer Flounder, Scup, and Black standings Reached at the June 2004 Australia Government Reform. Sea Bass Fisheries; 2005 and 2006 Summer Group (AG) Plenary Meeting and Through a 567. A letter from the Secretary, Smithso- Flounder Specifications; 2005 Scup and Black Subsequent AG Intersessional Decision; nian Institution, transmitting in accordance Sea Bass Specifications [Docket No. Clarifications to the Scope of ECCNs 1A004, with Section 647(b) of Division F of the Con- 041110317-4364-02; I.D. 100404B] (RIN: 0648- 1A995, and 2B351; Corrections to Country solidated Appropriations Act, FY 2004, Pub. AR51) received January 24, 2005, pursuant to Group D and ECCNs 1C355, 1C395, and 1C995; L. 108-199, the Institution’s report on com- 5 U.S.C. 801(a)(1)(A); to the Committee on Additions to the List of States Parties to the petitive sourcing efforts for FY 2004; to the Resources. Chemical Weapons Convention [Docket No. Committee on Government Reform. 577. A letter from the Deputy Assistant Ad- ministrator for Regulatory Programs, 041221359-4359-01] (RIN: 0694-AD25) received 568. A letter from the Assistant Secretary NMFS, National Oceanic and Atmospheric January 3, 2005, pursuant to 5 U.S.C. for Fish, Wildlife and Parks, Department of Administration, transmitting the Adminis- 801(a)(1)(A); to the Committee on Inter- the Interior, transmitting the Department’s tration’s final rule — Fisheries of the North- national Relations. final rule — Endangered and Threatened 559. A letter from the Assistant Secretary Wildlife and Plants; Designation of Critical eastern United States; Final 2005, 2006, and for Export Administration, Department of Habitat for the Colorado Butterfly Plant 2007 Fishing Quotas for Atlantic Surfclams, Commerce, transmitting the Department’s (RIN: 1018-AJ07) received January 12, 2005, Ocean Quahogs, and Maine Mahogany Ocean final rule — Encryption Export and Reexport pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Quahogs [Docket No. 041108311-5001-02; I.D. 110204B] (RIN: 0648-AR52) received January Controls Revisions [Docket No. 041022290- mittee on Resources. 24, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 4290-01] (RIN: 0694-AD19) received December 569. A letter from the Director, Fish and Wildlife Service, Department of the Interior, the Committee on Resources. 27, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 578. A letter from the Deputy Assistant Ad- transmitting the Department’s final rule — the Committee on International Relations. ministrator for Regulatory Programs, 560. A letter from the Assistant Secretary Endangered and Threatened Wildlife and NMFS, National Oceanic and Atmospheric for Export Administration, Department of Plants; Mariana Fruit Bat (Pteropus Administration, transmitting the Adminis- Commerce, transmitting the Department’s mariannus mariannus): Reclassification tration’s final rule — Magnuson-Stevens final rule — Revision of Export Control Clas- from Endangered to Threatened in the Provisions; Fisheries off West Coast States sification Number (ECCN) 2B351 to Conform Territoty of Guam and Listing as Threat- and in the Western Pacific; Pacific Coast with the Australia Group (AG) ‘‘Control List ened in the Commonwealth in the Northern Groundfish FIshery; Biennial Specifications of Dual-Use Chemical Manufacturing Facili- Mariana Islands (RIN: 1018-AH55) received and Management Measures [Docket No. ties and Equipment and Related Tech- January 12, 2005, pursuant to 5 U.S.C. 040830250-4342-02; I.D. 081304C] (RIN: 0648- nology’’ [Docket NO. 041123328-4328-01] (RIN: 801(a)(1)(A); to the Committee on Resources. AS27) received January 24, 2005, pursuant to 570. A letter from the Assistant Secretary, 0694-AD16) received December 27, 2004, pursu- 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Fish and Wildlife and Parks, Department of Resources. on International Relations. the Interior, transmitting the Department’s 579. A letter from the Executive Director, 561. A letter from the Assistant Secretary final rule — Endangered Species Act Inci- Commodity Futures Trading Commission, for Legislative Affairs, Department of State, dental Take Permit Revocation Regulations transmitting the Commission’s final rule — transmitting a report pursuant to Section (RIN: 1018-AT64) received December 27, 2004, Adjustment of Civil Monetary Penalties for 804 of the PLO Commitments Compliance pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Inflation (RIN: 3038-AC13) received December Act of 1989 (title VIII, Foreign Relations Au- mittee on Resources. 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to thorization Act, FY 1990 and 1991 (Pub. L. 571. A letter from the Assistant Secretary, the Committee on the Judiciary. 101-246)), and Sections 603-604 (Middle East Fish and Wildlife and Parks, Department of 580. A letter from the Federal Registrar Peace Commitments Act of 2002) and 699 of the Interior, transmitting the Department’s Certifying Officer, Department of the Treas- the Foreign Relations Authorization Act, FY final rule — Endangered and Threatened ury, transmitting the Department’s final 2003 (Pub. L. 107-228), as well as a Presi- Wildlife and Plants; Establishment of an Ad- rule — Centralized Offset of Federal Pay- dential Determination waiving sanctions as ditional Manatee Protection Area in Lee ments to Collect Nontax Debts Owed to the such waiver is in the national security inter- County, Florida (RIN: 1018-AT65) received United States (RIN: 1510-AA65) received ests of the United States, pursuant to Sec- December 9, 2004, pursuant to 5 U.S.C. Jnuary 13, 2005, pursuant to 5 U.S.C. tions 603-604 of the FY 2003 Foreign Relations 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on the Judici- Authorization Act (Pub. L. 107-228); to the 572. A letter from the Assistant Secretary, ary. Committee on International Relations. Fish and Wildlife and Parks, Department of 581. A letter from the Senior Paralegal, Of- 562. A letter from the Assistant Secretary the Interior, transmitting the Department’s fice of Thrift Supervision, Department of the for Legislative Affairs, Department of State, final rule — Endangered and Threatened Treasury, transmitting the Department’s transmitting a Memorandum of Justification Wildlife and Plants; Regulation for Non- final rule — Rules of Practice and Procedure for a Drawdown under section 506(a)(2) of the essential Experimental Populations of the in Adjudicatory Proceedings; Civil Money Foreign Assistance Act of 1961, as amended, Western Distrinct Population Segment of Penalty Inflation Adjustments [No. 2004-51] to support the Philippines; to the Committee the Gray Wolf (RIN: 1018-AT61) received Jan- (RIN: 1550-AB95) received December 15, 2004, on International Relations. uary 10, 2005, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 563. A letter from the Assistant Attorney 801(a)(1)(A); to the Committee on Resources. mittee on the Judiciary. General for Administration, Department of 573. A letter from the Director, Office of 582. A letter from the Federal Liaison Offi- Justice, transmitting the Department’s final Surface Mining, Department of Interior, cer, Patent and Trademark Office, Depart- rule — Privacy Act of 1974; Implementation transmitting the Department’s final rule — ment of Commerce, transmitting the Depart- — received January 7, 2005, pursuant to 5 Kentucky Regulatory Program [KY-247-FOR] ment’s final rule — Changes in Fees for Fil- U.S.C. 801(a)(1)(A); to the Committee on Gov- received December 17, 2004, pursuant to 5 ing Applications for Trademark Registration ernment Reform. U.S.C. 801(a)(1)(A); to the Committee on Re- [Docket No. 2004-T-051] (RIN: 0651-AB83) re- 564. A letter from the Acting Assistant Ad- sources. ceived January 19, 2005, pursuant to 5 U.S.C. ministrator, Environmental Protection 574. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on the Judici- Agency, transmitting in accordance with fice of Sustainable Fisheries, NMFS, Na- ary.

VerDate Aug 04 2004 04:56 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L02FE7.000 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H347 583. A letter from the Deputy Secretary, shore Palm Beach Harbor, Florida and off- final rule — Last-in, First-out Inventories Department of Education, transmitting the shore Port Everglades Harbor, Florida [FRL- (Rev. Rul. 2005-5) received January 24, 2005, Department’s final rule — Adjustment of 7861-7] received January 14, 2005, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Civil Monetary Penalties for Inflation — re- 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. ceived January 12, 2005, pursuant to 5 U.S.C. Transportation and Infrastructure. 603. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on the Judici- 593. A letter from the Deputy Chief Acqui- for Legislative Affairs, Department of State, ary. sition Officer, Director for Procurement, Na- transmitting two reports as required by Sec- 584. A letter from the Director, Regulatory tional Aeronautics and Space Administra- tion 105(d)(2) of the Foreign Service Act of Management Division, Department of Home- tion, transmitting the Administration’s final 1980, 22 U.S.C. 3905(d)(2), as amended, describ- land Security, transmitting the Depart- rule — Final Scientific and Technical Re- ing the Department’s Federal Equal Oppor- ment’s final rule — Execution of Removal ports — SBIR and STTR Contracts (RIN: tunity Recruitment Program (FEORP) Ac- Orders; Countries to Which Aliens May Be 2700-AD04) received January 19, 2005, pursu- complishment Report and the Disabled Vet- Removed [EOIR No. 146F; AG Order No. 2746- ant to 5 U.S.C. 801(a)(1)(A); to the Committee erans Affirmative Action Program (DVAAP) 2004] (RIN: 1125-AA50) received January 7, on Science. Accomplishment Report for FY 2004; jointly 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 594. A letter from the Deputy General to the Committees on International Rela- Committee on the Judiciary. Counsel, Small Business Administration, tions and Government Reform. 585. A letter from the Rules Administrator, transmitting the Administration’s final rule f Bureau of Prisons, Department of Justice, — Small Business Government Contracting transmitting the Department’s final rule — Programs; Subcontracting (RIN: 3245-AF12) PUBLIC BILLS AND RESOLUTIONS Over-The-Counter (OTC) Medications; Tech- received January 12, 2005, pursuant to 5 Under clause 2 of rule XII, public nical Correction [BOP-1129-I] (RIN: 1120- U.S.C. 801(a)(1)(A); to the Committee on bills and resolutions were introduced AB29) received December 27, 2004, pursuant Small Business. to 5 U.S.C. 801(a)(1)(A); to the Committee on 595. A letter from the Deputy General and severally referred, as follows: the Judiciary. Counsel, Small Business Administration, By Mr. BOEHNER (for himself and Mr. 586. A letter from the Assistant Secretary, transmitting the Administration’s final rule MCKEON): Employment and Training Administration, — Small Business Size Regulations; Govern- H.R. 507. A bill to amend and extend the Department of Labor, transmitting the De- ment Contracting Programs; HUBZone Pro- Higher Education Act of 1965; to the Com- partment’s final rule — Labor Certification gram (RIN: 3245-AE66) received July 22, 2004, mittee on Education and the Workforce. for the Permanent Employment of Aliens in pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. MCKEON (for himself and Mr. the United States; Implementation of New mittee on Small Business. BOEHNER): System (RIN: 1205-AA66) received December 596. A letter from the Chief, Regulations H.R. 508. A bill to make changes to the 27, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Management, Veterans Benefits Administra- Higher Education Act of 1965 incorporating the Committee on the Judiciary. tion, Department of Veterans Affairs, trans- the results of the FED UP Initiative, and for 587. A letter from the General Counsel, Na- mitting the Department’s final rule — In- other purposes; to the Committee on Edu- tional Credit Union Administration, trans- crease in Rates Payable Under the Mont- cation and the Workforce. mitting the Administration’s final rule — gomery GI Bill—Active Duty (RIN: 2900- By Mr. TIBERI (for himself, Mr. Civil Monetary Penalty Inflation Adjust- AM08) received December 15, 2004, pursuant BOEHNER, Mr. MCKEON, Mr. WILSON of ments — received December 15, 2004, pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on South Carolina, Mr. HOEKSTRA, and ant to 5 U.S.C. 801(a)(1)(A); to the Committee Veterans’ Affairs. Mr. HINOJOSA): on the Judiciary. 597. A letter from the Federal Register Cer- H.R. 509. A bill to amend and extend title 588. A letter from the Assistant Secretary tifying Officer, Financial Management Serv- VI of the Higher Education Act of 1965; to for Legislative Affairs, Department of Home- ice, Deparment of the Treasury, transmit- the Committee on Education and the Work- land Security, transmitting a report to Con- ting the Department’s final rule — Offset of force. gress on the extent to which the implemen- Tax Refund Payments to Collect State In- By Mr. TIBERI (for himself, Mr. tation by the United States Coast Guard of come Tax Obligations (RIN: 1510-AA78) re- BOEHNER, Mr. MCKEON, Mr. EHLERS, regulations issued or enforced, or interpreta- ceived January 21, 2005, pursuant to 5 U.S.C. Mr. WILSON of South Carolina, Mr. tions or guidelines established, pursuant to 801(a)(1)(A); to the Committee on Ways and HOEKSTRA, and Mr. HINOJOSA): Public Law 104–55, carry out the intent of Means. H.R. 510. A bill to amend and extend title Congress and recognize and provide for the 598. A letter from the Assistant Chief, Reg- VII of the Higher Education Act of 1965; to differences in the physical, chemical, bio- ulations & Procedures Division, Alcohol & the Committee on Education and the Work- logical, and other properties, and in the envi- Tobacco Tax & Trade Bureau, Deparment of force. ronmental effects, of the classes of fats, oils, the Treasury, transmitting the Department’s By Mr. KELLER (for himself, Mr. and greases described under that law, pursu- final rule — Establishment of the BOEHNER, Mr. MCKEON, Mr. NORWOOD, ant to Public Law 104–324, section 1130(b); to McMinnville Viticultural Area (2002R-217P) Mr. TIBERI, and Mr. WILSON of South the Committee on Transportation and Infra- [TTB T.D.-22; Re: Notice No. 12] (RIN: 1513- Carolina): structure. AA63) received January 24, 2005, pursuant to H.R. 511. A bill to provide enhanced Pell 589. A letter from the Secretary, Depart- 5 U.S.C. 801(a)(1)(A); to the Committee on Grants for State Scholars; to the Committee ment of Transportation, transmitting the Ways and Means. on Education and the Workforce. Department’s report entitled, ‘‘Buckle Up 599. A letter from the Assistant Chief, Reg- By Mr. POMBO: America: The National Initiative for Increas- ulations & Procedures Division, Alcohol & H.R. 512. A bill to require the prompt re- ing Safety Belt Use, Seventh Report To Con- Tobacco Tax & Trade Bureau, Department of view by the Secretary of the Interior of the gress and Fifth Report to the President’’ the Treasury, transmitting the Department’s longstanding petitions for Federal recogni- June 2004, as required by House Report 105- final rule—Productions of Dried Fruit and tion of certain Indian tribes, and for other 188 and Executive Order 13043, highlighting Honey Wines (2001R-136P) [T.D. TTB-23; Ref. purposes; to the Committee on Resources. activities from January 1, 2003, through De- Notice No. 13] (RIN: 1513-AC21) received Jan- By Mr. SHAYS (for himself and Mr. cember 31, 2003; to the Committee on Trans- uary 24, 2005, pursuant to 5 U.S.C. MEEHAN): portation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and H.R. 513. A bill to amend the Federal Elec- 590. A letter from the Administrator, FAA, Means. tion Campaign Act of 1971 to clarify when or- Department of Transportation, transmitting 600. A letter from the Acting Chief, Publi- ganizations described in section 527 of the In- a report on the foreign aviation authorities cations and Regulations Branch, Internal ternal Revenue Code of 1986 must register as to which the Federal Aviation Administra- Revenue Service, transmitting the Service’s political committees, and for other purposes; tion provided services for Fiscal Year 2004, final rule — Determination of Issue Price in to the Committee on House Administration. pursuant to Public Law 103–305, section 202; the Case of Certain Debt Instruments Issued By Mr. SHAYS (for himself and Mr. to the Committee on Transportation and In- for Property (Rev. Rul. 2005-8) received Janu- TOWNS): frastructure. ary 24, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 514. A bill to prohibit the Department 591. A letter from the Regulatiations Coor- to the Committee on Ways and Means. of Defense from requiring members of the dinator, Federal Highway Administration, 601. A letter from the Acting Chief, Publi- Armed Forces to receive the anthrax and Department of Transportation, transmitting cations and Regulations Branch, Internal smallpox immunizations without their con- the Department’s final rule — National Revenue Service, transmitting the Service’s sent, to correct the records of Bridge Inspection Standards [FHWA Docket final rule — Look-through rule for assets servicemembers previously punished for re- No. FHWA-2001-8954] (RIN: 2125-AE86) re- held through certain investment companies, fusing to take these vaccines, and for other ceived December 28, 2004, pursuant to 5 partnerships, or trusts (Rev. Rul. 2005-7) re- purposes; to the Committee on Armed Serv- U.S.C. 801(a)(1)(A); to the Committee on ceived January 24, 2005, pursuant to 5 U.S.C. ices, and in addition to the Committee on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and Veterans’ Affairs, for a period to be subse- 592. A letter from the Deputy Associate Means. quently determined by the Speaker, in each Administrator, Environmental Protection 602. A letter from the Acting Chief, Publi- case for consideration of such provisions as Agency, transmitting the Agency’s final rule cations and Regulations Branch, Internal fall within the jurisdiction of the committee — Ocean Dumping; Designation of Sites Off- Revenue Service, transmitting the Service’s concerned.

VerDate Aug 04 2004 06:11 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\L02FE7.000 H02PT1 H348 CONGRESSIONAL RECORD — HOUSE February 2, 2005

By Mr. EVANS (for himself, Mr. FIL- REHBERG, Mr. ROSS, Miss MCMORRIS, GRAVES, Mr. DOYLE, Mr. ENGLISH of NER, Mr. GUTIERREZ, Ms. CORRINE Mr. BERRY, Mr. BOOZMAN, Ms. Pennsylvania, Mr. TAYLOR of Mis- BROWN of Florida, Mr. MICHAUD, Mr. HOOLEY, Mr. HAYES, Mr. THOMPSON of sissippi, Mr. GERLACH, Mr. KAN- STRICKLAND, Ms. HOOLEY, Mr. REYES, California, Mr. OBERSTAR, Mr. JORSKI, Mr. DENT, Mr. ENGEL, Mr. Ms. BERKLEY, Mr. UDALL of New Mex- SPRATT, and Mr. BAIRD): FARR, Mr. GALLEGLY, Mr. MURTHA, ico, Mrs. DAVIS of California, Mr. H.R. 517. A bill to reauthorize the Secure Mr. REHBERG, and Mr. SAXTON): RYAN of Ohio, Ms. HERSETH, Mr. Rural Schools and Community Self-Deter- H.R. 521. A bill to impose tariff-rate quotas SERRANO, Mr. SANDERS, Mr. HOLT, mination Act of 2000, and for other purposes; on certain casein and milk protein con- Mr. VAN HOLLEN, Mr. LEVIN, Mr. to the Committee on Agriculture, and in ad- centrates; to the Committee on Ways and SCOTT of Georgia, Mr. KIND, Mr. MEE- dition to the Committee on Resources, for a Means. HAN, Mrs. MALONEY, Mr. CHANDLER, period to be subsequently determined by the By Mr. BAKER (for himself, Mr. JEF- Mr. MARKEY, Mr. BROWN of Ohio, Mr. Speaker, in each case for consideration of FERSON, Mr. MCCRERY, Mr. CASE, Mr. KILDEE, Mr. BLUMENAUER, such provisions as fall within the jurisdic- BOUSTANY, Mr. JINDAL, Mr. ALEX- Mr. HOLDEN, Mr. DEFAZIO, Mr. tion of the committee concerned. ANDER, and Mr. MELANCON): ISRAEL, Mr. GENE GREEN of Texas, By Mr. KIND (for himself and Mr. H.R. 522. A bill to establish the Mr. BOSWELL, Ms. JACKSON-LEE of GILCHREST): Atchafalaya National Heritage Area, Lou- Texas, Mr. LARSEN of Washington, H.R. 518. A bill to require the Secretary of isiana, and for other purposes; to the Com- Mr. TOWNS, Mr. KENNEDY of Rhode Is- the Interior to refine the Department of the mittee on Resources. land, Mr. OBERSTAR, Mr. MCINTYRE, Interior program for providing assistance for By Mr. BARRETT of South Carolina: Mr. PALLONE, Mr. MCGOVERN, Mrs. the conservation of neotropical migratory H.R. 523. A bill to amend the Balanced CAPITO, Mr. MCDERMOTT, Mr. NEAL of birds; to the Committee on Resources. Budget and Emergency Deficit Control Act Massachusetts, Mr. DELAHUNT, Mr. By Mr. BRADY of Texas (for himself, of 1985 to extend the discretionary spending LYNCH, Mr. SMITH of Washington, Mr. Mr. BAIRD, Mr. DELAY, Ms. BERKLEY, limits through fiscal year 2010, to extend HONDA, Mr. CRAMER, Mr. FRANK of Mrs. BLACKBURN, Mrs. CUBIN, Mr. paygo for direct spending, and for other pur- Massachusetts, Ms. CARSON, Mr. FORD, Mr. SAM JOHNSON of Texas, Mr. poses; to the Committee on the Budget, and KUCINICH, Mr. PETERSON of Min- SHAW, Mr. WAMP, Mr. GENE GREEN of in addition to the Committee on Rules, for a nesota, Mr. ABERCROMBIE, Mr. DOYLE, Texas, Mr. GORDON, Mr. HASTINGS of period to be subsequently determined by the Mr. DOGGETT, Mr. STARK, Mr. LARSON Washington, Ms. GINNY BROWN-WAITE Speaker, in each case for consideration of of Connecticut, Ms. SLAUGHTER, Mr. of Florida, Mr. DAVIS of Tennessee, such provisions as fall within the jurisdic- GORDON, Mr. WALDEN of Oregon, Mr. Ms. HARRIS, Mr. BOYD, Mr. MCCAUL of tion of the committee concerned. SCHIFF, Ms. ZOE LOFGREN of Cali- Texas, Mr. BURGESS, Ms. HERSETH, By Ms. BERKLEY: fornia, Mr. PAYNE, and Ms. Mr. HALL, Mr. BONILLA, Mr. INSLEE, H.R. 524. A bill to amend the Internal Rev- DELAURO): Mr. FEENEY, Ms. GRANGER, Mr. enue Code of 1986 to provide incentives for H.R. 515. A bill to amend title 38, United REYES, Mr. STEARNS, Mr. BARTON of the conservation of water; to the Committee States Code, to provide for an assured ade- Texas, Mr. JENKINS, Mr. CARTER, Mr. on Ways and Means. quate level of funding for veterans health SESSIONS, Ms. EDDIE BERNICE JOHN- By Mr. SAM JOHNSON of Texas (for care; to the Committee on Veterans’ Affairs. SON of Texas, Mr. GIBBONS, Mr. DUN- himself, Ms. VELA´ ZQUEZ, Mr. By Mr. GOODLATTE (for himself, Mr. CAN, Ms. CORRINE BROWN of Florida, BOEHNER, Mr. WYNN, Mr. KENNEDY of BOUCHER, Mr. SENSENBRENNER, Mr. Mr. SMITH of Texas, Mr. CULBERSON, Minnesota, Mr. WESTMORELAND, Mr. SMITH of Texas, Mr. DELAY, Mr. Miss MCMORRIS, Mr. PAUL, Mr. BRADLEY of New Hampshire, Mr. SES- BLUNT, Mr. CANTOR, Ms. PRYCE of NEUGEBAUER, Mr. EDWARDS, Mr. SIONS, Mr. PLATTS, Mr. CARTER, Mr. Ohio, Mr. DREIER, Mr. MANZULLO, Mr. GOHMERT, Mr. MARCHANT, Mr. POE, MCINTYRE, Mr. SHAYS, Mr. DAVIS of KINGSTON, Mr. FEENEY, Mr. COBLE, Ms. JACKSON-LEE of Texas, Mr. COO- Tennessee, Mrs. BONO, Mr. GRAVES, Mr. CHABOT, Mr. FORBES, Mr. PENCE, PER, Mr. PUTNAM, Mr. FOLEY, Mr. Mrs. MILLER of Michigan, Mr. TIBERI, Mr. ISSA, Mr. KELLER, Mr. BACHUS, HASTINGS of Florida, Mr. GONZALEZ, Mr. WILSON of South Carolina, Mr. Mr. HOSTETTLER, Mr. GALLEGLY, Mr. Mr. MILLER of Florida, Mr. DICKS, THORNBERRY, Mr. GILLMOR, Mr. DANIEL E. LUNGREN of California, Mr. Mr. MACK, Mr. HENSARLING, Mr. BONILLA, Mr. MCHENRY, Mr. AKIN, FLAKE, Mr. BRADLEY of New Hamp- LARSEN of Washington, Mr. Mr. MCHUGH, Mr. MARCHANT, Mr. shire, Mr. CARTER, Mr. SESSIONS, Mr. CRENSHAW, Mr. ORTIZ, Mr. CUELLAR, FORTUN˜ O, Mr. BRADY of Texas, Mrs. ROGERS of Michigan, Mr. KUHL of Mr. AL GREEN of Texas, and Mr. KEL- CUBIN, Mr. COX, Mr. NEUGEBAUER, Mr. New York, Ms. HART, Mr. NORWOOD, LER): PETERSON of Pennsylvania, Mr. Mr. PEARCE, Mr. GILCHREST, Mr. H.R. 519. A bill to amend the Internal Rev- FITZPATRICK of Pennsylvania, Mr. CHOCOLA, Mr. HENSARLING, Mr. enue Code of 1986 to make the allowance of COOPER, Mr. PETRI, Mrs. BIGGERT, BAKER, Mrs. BIGGERT, Mr. KENNEDY the deduction of State and local general Mr. SHADEGG, Mr. MANZULLO, Mr. of Minnesota, Mr. BURGESS, Mr. sales taxes in lieu of State and local income MCCAUL of Texas, Mr. WELLER, Mr. GINGREY, Mr. COX, Mr. DENT, Mr. taxes permanent; to the Committee on Ways JINDAL, Ms. FOXX, Mr. CANTOR, Mr. WICKER, Mr. CANNON, Mr. and Means. GERLACH, Mr. CULBERSON, Mr. KING of CUNNINGHAM, Mr. MILLER of Florida, By Mr. GREEN of Wisconsin: Iowa, Mrs. DRAKE, Mr. CHABOT, Mr. H.R. 520. A bill to amend title 38, United Mr. FITZPATRICK of Pennsylvania, KLINE, Mr. CUNNINGHAM, Mrs. KELLY, States Code, to revise the effective date for Mr. MCCRERY, Mr. STEARNS, Ms. Mr. RYAN of Wisconsin, Mrs. EMER- payment of lump sums to persons awarded FOXX, Mr. CONAWAY, Mr. MORAN of SON, Ms. PRYCE of Ohio, and Mr. the Medal of Honor who are in receipt of spe- Virginia, Mr. MATHESON, Mr. HOLDEN, CASE): cial pension pursuant to section 1562 of such Mr. BOYD, Mr. TANNER, Mr. COOPER, H.R. 525. A bill to amend title I of the Em- title, and for other purposes; to the Com- Mr. CRAMER, Mr. SCOTT of Georgia, ployee Retirement Income Security Act of mittee on Veterans’ Affairs. Mr. DAVIS of Tennessee, Mr. MOORE 1974 to improve access and choice for entre- By Mr. SHERWOOD (for himself, Mr. of Kansas, Ms. GINNY BROWN-WAITE of preneurs with small businesses with respect OBEY, Mr. MCHUGH, Mr. SIMMONS, Ms. Florida, and Mr. BOREN): to medical care for their employees; to the H.R. 516. A bill to amend the procedures BALDWIN, Mr. GOODE, Mr. HOLDEN, Committee on Education and the Workforce. that apply to consideration of interstate Mr. LARSEN of Washington, Mr. By Ms. BERKLEY: class actions to assure fairer outcomes for ETHERIDGE, Mr. MCNULTY, Ms. H.R. 526. A bill to redirect the Nuclear class members and defendants, to outlaw cer- SLAUGHTER, Ms. WOOLSEY, Mr. Waste Fund established under the Nuclear tain practices that provide inadequate set- MCGOVERN, Mr. SHUSTER, Mr. OBER- Waste Policy Act of 1982 into research, devel- tlements for class members, to assure that STAR, Mr. RAHALL, Mr. LEWIS of Ken- opment, and utilization of risk-decreasing attorneys do not receive a disproportionate tucky, Mr. COSTELLO, Mr. SANDERS, technologies for the onsite storage and even- amount of settlements at the expense of Mr. NUNES, Mr. MCINTYRE, Mr. PITTS, tual reduction of radiation levels of nuclear class members, to assure prompt consider- Mr. WELDON of Pennsylvania, Mr. waste, and for other purposes; to the Com- ation of interstate class actions, to amend KILDEE, Mr. STRICKLAND, Mr. FILNER, mittee on Energy and Commerce, and in ad- title 28, United States Code, to allow the ap- Mr. CARDOZA, Mr. BOUCHER, Mr. dition to the Committees on Science, and plication of the principles of Federal diver- ABERCROMBIE, Mr. DUNCAN, Ms. Ways and Means, for a period to be subse- sity jurisdiction to interstate class actions, MCCOLLUM of Minnesota, Mr. PETRI, quently determined by the Speaker, in each and for other purposes; to the Committee on Ms. HART, Mr. BUTTERFIELD, Mr. case for consideration of such provisions as the Judiciary. SWEENEY, Mr. WILSON of South Caro- fall within the jurisdiction of the committee By Mr. WALDEN of Oregon (for him- lina, Mr. JINDAL, Mr. GRIJALVA, Mr. concerned. self, Mr. DEFAZIO, Mr. HERGER, Mr. KIND, Mr. WALSH, Mr. BOEHLERT, Mr. By Mr. BRADY of Pennsylvania: BOYD, Mr. GOODLATTE, Mr. PETERSON PETERSON of Pennsylvania, Mr. KUHL H.R. 527. A bill to amend the Small Busi- of Minnesota, Mr. POMBO, Mr. RA- of New York, Mrs. KELLY, Mr. STU- ness Act to direct the Administrator of the HALL, Mr. HASTINGS of Washington, PAK, Mr. SENSENBRENNER, Mr. HALL, Small Business Administration to establish Mr. UDALL of New Mexico, Mr. Mrs. JOHNSON of Connecticut, Mr. a vocational and technical entrepreneurship

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development program; to the Committee on TOR, Mr. SHAYS, Mr. MCHUGH, Mr. By Mr. FLAKE (for himself, Mr. Small Business. BRADLEY of New Hampshire, Mr. HAYWORTH, Mr. GRIJALVA, Mr. By Ms. GINNY BROWN-WAITE of Flor- KLINE, Mr. GINGREY, Mr. KING of FRANKS of Arizona, Mr. KOLBE, Mr. ida (for herself, Mr. GENE GREEN of Iowa, Mr. RADANOVICH, Mr. PITTS, PASTOR, Mr. SHADEGG, and Mr. Texas, and Ms. SLAUGHTER): Mr. WILSON of South Carolina, Mr. RENZI): H.R. 528. A bill to amend the Missing Chil- TURNER, Mr. MANZULLO, Mr. PLATTS, H.R. 538. A bill to require the release of the dren’s Assistance Act to extend the applica- Mr. WELLER, Mr. KENNEDY of Min- reversionary interest retained by the United bility of such Act to individuals determined nesota, Mr. WAMP, Mr. KINGSTON, Mr. States in connection with the conveyance of to have a mental capacity of less than 18 HOLDEN, Mr. BARTLETT of Maryland, portions of former Williams Air Force Base, years of age; to the Committee on Education Mr. SAXTON, Mr. SHAW, Mr. Arizona, to Arizona State University and and the Workforce. GALLEGLY, Mr. DENT, Mr. Maricopa County Community College Dis- By Mr. BUTTERFIELD: CUNNINGHAM, Mr. MCHENRY, Mr. trict; to the Committee on Education and H.R. 529. A bill to authorize States, in the WOLF, Mr. MCCAUL of Texas, Mr. the Workforce. event of inadequate Federal funding under SHIMKUS, Mr. AKIN, Mr. PENCE, Mr. By Mr. FORTUN˜ O (for himself, Ms. part B of the Individuals with Disabilities HAYWORTH, Mr. FEENEY, Mr. ROS-LEHTINEN, Mr. SERRANO, Ms. Education Act, to waive certain require- HENSARLING, Mr. BASS, Mr. DREIER, VELA´ ZQUEZ, and Mr. GUTIERREZ): ments of the Elementary and Secondary Mr. WELDON of Florida, Mr. GERLACH, H.R. 539. A bill to designate certain Na- Education Act of 1965, and for other pur- Mr. FORTUN˜ O, Mr. HASTINGS of Wash- tional Forest System land in the Common- poses; to the Committee on Education and ington, Mr. PORTMAN, Mr. ROGERS of wealth of Puerto Rico as components of the the Workforce. Alabama, Ms. HARRIS, Mrs. National Wilderness Preservation System; to By Mr. SAM JOHNSON of Texas (for BLACKBURN, Mr. GARRETT of New Jer- the Committee on Resources. himself, Mr. FLAKE, Mr. FEENEY, Mr. sey, Mr. TANCREDO, Mr. PORTER, Mr. By Mr. GIBBONS: OTTER, Mr. WILSON of South Caro- WALSH, Mr. WICKER, Mrs. CAPITO, Mr. H.R. 540. A bill to authorize the Secretary lina, Mr. BARTLETT of Maryland, Mr. PEARCE, Mr. COLE of Oklahoma, Mrs. of the Interior to convey the Newlands CANNON, Mr. BURTON of Indiana, and JO ANN DAVIS of Virginia, Mrs. Project Headquarters and Maintenance Yard Mr. CARTER): MUSGRAVE, Mr. LATOURETTE, Mr. Facility to the Truckee-Carson Irrigation H.R. 530. A bill to amend title II of the So- BROWN of South Carolina, Mr. SIMP- District; to the Committee on Resources. cial Security Act and the Internal Revenue SON, Mr. SMITH of Texas, Mr. By Mr. GIBBONS: Code of 1986 to provide for enhanced retire- BEAUPREZ, Mr. ROYCE, Mr. SWEENEY, H.R. 541. A bill to direct the Secretary of ment security in the form of an Individual Mr. REGULA, Mr. ISSA, Mr. BRADY of Agriculture to convey certain land to Lander Social Security Investment Program; to the Texas, Mr. EHLERS, Mr. CHABOT, Mr. County, Nevada, and the Secretary of the In- Committee on Ways and Means. GARY G. MILLER of California, Mr. terior to convey certain land to Eureka By Mr. CASE (for himself, Mr. EVANS, SAM JOHNSON of Texas, Mr. FER- County, Nevada, for continued use as ceme- Mr. PALLONE, Mr. BRADLEY of New GUSON, Mr. LAHOOD, Mr. FOSSELLA, teries; to the Committee on Resources. Hampshire, Mr. BASS, Mr. STRICK- Mr. KELLER, Mr. LEACH, Mr. JONES of By Mr. GIBBONS: LAND, Mr. ABERCROMBIE, Ms. CARSON, H.R. 542. A bill to direct the Secretary of North Carolina, Mr. WESTMORELAND, Mr. FARR, and Mr. ALLEN): the Interior to convey certain land in Mr. FORBES, Mr. THOMAS, Mr. MATHE- H.R. 531. A bill to amend title 38, United Washoe County, Nevada, to the Board of Re- SON, Mr. MILLER of Florida, Mrs. States Code, to increase the allowance for gents of the University and Community Col- CUBIN, Mr. POE, Mr. EVERETT, Mrs. burial expenses of certain veterans; to the lege System of Nevada; to the Committee on MYRICK, Mr. CANNON, Mrs. KELLY, Committee on Veterans’ Affairs. Resources. Mr. HOSTETTLER, Mr. CRENSHAW, Mr. By Mr. COBLE (for himself, Mr. CON- By Mr. GILLMOR: TAYLOR of North Carolina, Mr. YERS, Mr. HYDE, and Mr. FRANK of H.R. 543. A bill to amend the Securities LOBIONDO, Mr. BISHOP of Utah, Mr. Massachusetts): and Exchange Act of 1934 to require im- HERGER, Mr. ROHRABACHER, Mr. H.R. 532. A bill to modify the application of proved disclosure of corporate charitable RENZI, Mr. SMITH of New Jersey, Ms. the antitrust laws to permit collective devel- contributions, and for other purposes; to the FOXX, Mr. NEUGEBAUER, Mr. NEY, Mr. opment and implementation of a standard Committee on Financial Services. LATHAM, Mr. NUNES, Ms. HART, and contract form for playwrights for the licens- By Mr. GILLMOR: ing of their plays; to the Committee on the Mr. FOLEY): H.R. 544. A bill to amend the Federal De- H.R. 534. A bill to improve patient access Judiciary. posit Insurance Act with respect to munic- to health care services and provide improved By Mr. CONYERS (for himself, Mrs. ipal deposits; to the Committee on Financial medical care by reducing the excessive bur- JONES of Ohio, Ms. JACKSON-LEE of den the liability system places on the health Services. Texas, Ms. LEE, Mr. VAN HOLLEN, Mr. care delivery system; to the Committee on By Mr. GENE GREEN of Texas: MCDERMOTT, Mr. PAYNE, Mr. H.R. 545. A bill to improve computer access the Judiciary, and in addition to the Com- KUCINICH, Mr. FRANK of Massachu- for members of the United States Armed mittee on Energy and Commerce, for a pe- setts, Ms. WATERS, Ms. WOOLSEY, Mr. Forces serving in combat zones designated in riod to be subsequently determined by the EINER LAY WENS connection with Operation Enduring Free- W , Mr. C , Mr. O , Mr. Speaker, in each case for consideration of FATTAH, Mr. JACKSON of Illinois, Ms. such provisions as fall within the jurisdic- dom and Operation Iraqi Freedom so that ZOE LOFGREN of California, Ms. tion of the committee concerned. such members can use electronic mail to DELAURO, Ms. CORRINE BROWN of By Mrs. DAVIS of California (for her- communicate with family members and Florida, Mr. CUMMINGS, Ms. NORTON, other persons; to the Committee on Armed self, Mr. MORAN of Virginia, Mr. Mr. OBERSTAR, Ms. CARSON, Mr. Services. HONDA, Ms. WOOLSEY, Mr. REYES, Mr. THOMPSON of Mississippi, Mr. By Ms. HERSETH: BACA, Ms. WATSON, Ms. MILLENDER- BUTTERFIELD, and Mrs. CAPPS): H.R. 546. A bill to revise the boundary of MCDONALD, Mr. BECERRA, Mr. SCHIFF, H.R. 533. A bill to amend the Help America the Wind Cave National Park in the State of and Ms. LINDA T. SA´ NCHEZ of Cali- Vote Act of 2002 to protect voting rights and South Dakota; to the Committee on Re- fornia): to improve the administration of Federal H.R. 535. A bill to redesignate the facility sources. elections, and for other purposes; to the of the United States Postal Service located By Mr. HINOJOSA (for himself, Mr. Committee on House Administration, and in at 2777 Logan Avenue in San Diego, Cali- GENE GREEN of Texas, Mr. MCGOV- addition to the Committee on the Judiciary, fornia, as the ‘‘Cesar E. Chavez Post Office’’; ERN, Mr. VAN HOLLEN, Mr. MENENDEZ, for a period to be subsequently determined to the Committee on Government Reform. Mr. FILNER, Mrs. DAVIS of California, by the Speaker, in each case for consider- By Mrs. DAVIS of California: Mr. WEINER, Mr. GONZALEZ, Mr. AN- ation of such provisions as fall within the ju- H.R. 536. A bill to eliminate the unfair and DREWS, Mr. OWENS, Ms. LEE, Mrs. risdiction of the committee concerned. disadvantageous treatment of cash military MCCARTHY, Mrs. NAPOLITANO, Mr. By Mr. COX (for himself, Mr. MURTHA, compensation other than basic pay under the SCHIFF, Mr. KUCINICH, Mr. ORTIZ, Mr. Mr. KIRK, Mrs. BIGGERT, Ms. GINNY supplemental security income benefits pro- BECERRA, Mr. GUTIERREZ, Mr. BROWN-WAITE of Florida, Mr. gram; to the Committee on Ways and Means. GRIJALVA, Mr. PAYNE, Ms. LINDA T. FRELINGHUYSEN, Mr. BOEHLERT, Ms. By Mr. DEAL of Georgia (for himself SA´ NCHEZ of California, Ms. GRANGER, Mr. GRAVES, Mr. HAYES, and Mr. NORWOOD): MILLENDER-MCDONALD, Mr. CARDOZA, Mr. LEWIS of Kentucky, Mrs. JOHN- H.R. 537. A bill to ensure the continuation Ms. MCCOLLUM of Minnesota, Mr. SON of Connecticut, Mr. OTTER, Mr. of successful fisheries mitigation programs; DELAHUNT, Mr. ABERCROMBIE, Mr. PETERSON of Pennsylvania, Mr. to the Committee on Transportation and In- CLEAVER, Mr. REYES, Mr. ACKERMAN, KNOLLENBERG, Mr. SESSIONS, Mr. frastructure, and in addition to the Com- Mr. DOGGETT, Ms. WATSON, Mr. GILLMOR, Mr. ROGERS of Michigan, mittee on Resources, for a period to be sub- PALLONE, Mr. UDALL of New Mexico, Mr. CHOCOLA, Mr. TIBERI, Mr. TAYLOR sequently determined by the Speaker, in Mr. HONDA, Mr. WEXLER, Mr. NADLER, of Mississippi, Mr. SHUSTER, Mr. PE- each case for consideration of such provi- Mr. SERRANO, Mr. FATTAH, Mr. TERSON of Minnesota, Mr. STEARNS, sions as fall within the jurisdiction of the ETHERIDGE, Mr. RUSH, Mr. DAVIS of Mrs. NORTHUP, Mr. SOUDER, Mr. CAN- committee concerned. Illinois, Ms. VELA´ ZQUEZ, Mr. BACA,

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Mr. HOLT, Mr. RANGEL, Mr. STARK, WICKER, Mr. SMITH of New Jersey, DICKS, Mr. GUTIERREZ, Mr. PASCRELL, Ms. WOOLSEY, Mr. PASTOR, Mr. NEAL Mrs. MYRICK, Mr. TANCREDO, Mr. Mr. MCNULTY, Mr. CROWLEY, Mr. KIL- of Massachusetts, Mr. PASCRELL, Mr. WHITFIELD, Mr. DOOLITTLE, Mr. GAR- DEE, Mr. PALLONE, Mrs. CAPITO, Mr. WU, Mr. GEORGE MILLER of Cali- RETT of New Jersey, Mr. AKIN, Mr. BLUMENAUER, Mr. SESSIONS, Mr. fornia, Ms. SOLIS, Mrs. JONES of Ohio, FRANKS of Arizona, Mr. RENZI, Mrs. FORD, Mr. BRADY of Texas, Mr. Mr. CASE, Mr. EMANUEL, Mr. HOYER, JO ANN DAVIS of Virginia, Mr. RYUN PLATTS, Mr. SOUDER, Mr. PRICE of Mr. CUELLAR, Mr. SALAZAR, Mr. of Kansas, Mr. KING of Iowa, Mr. North Carolina, Mrs. BIGGERT, Mr. FRANK of Massachusetts, Ms. ROY- MCCOTTER, Mr. PEARCE, Mr. NEY, Mr. PAYNE, Ms. KAPTUR, Mr. SCOTT of BAL-ALLARD, Mr. TAYLOR of North JOHNSON of Illinois, Mr. NEUGEBAUER, Virginia, Mr. GILLMOR, Mr. DAVIS of Carolina, Mr. SCOTT of Virginia, Mr. Mr. SOUDER, Mr. GINGREY, Mr. LEWIS Illinois, Mrs. LOWEY, Mr. GINGREY, KIND, Mrs. CAPPS, Ms. JACKSON-LEE of Kentucky, Mr. JONES of North Mr. HOLT, Mr. SMITH of New Jersey, of Texas, Mr. ENGEL, and Mr. ED- Carolina, Mr. WAMP, Mr. WILSON of Mr. PASTOR, Mr. BAKER, Mr. CANNON, WARDS): South Carolina, Mr. PITTS, Ms. FOXX, Mr. RADANOVICH, Mr. ROTHMAN, Mr. H.R. 547. A bill to improve graduation rates Mr. CHABOT, Mr. HOEKSTRA, Mr. GENE GREEN of Texas, Mr. DOYLE, Mr. by authorizing the Secretary of Education to HOSTETTLER, Mr. GREEN of Wis- HALL, Mr. MARIO DIAZ-BALART of make grants to improve adolescent literacy, consin, Mr. GARY G. MILLER of Cali- Florida, Mr. CASTLE, Mr. SHAYS, Mr. and for other purposes; to the Committee on fornia, and Mr. LAHOOD): MCGOVERN, Mr. LOBIONDO, Mr. Education and the Workforce. H.R. 552. A bill to implement equal protec- ALLEN, Mr. SWEENEY, Mr. KUCINICH, By Mr. HOBSON (for himself, Mr. tion under the 14th article of amendment to Mr. CONYERS, Mr. EHLERS, Ms. ROS- BOEHNER, Mr. BROWN of Ohio, Mr. the Constitution for the right to life of each LEHTINEN, Mr. BISHOP of Georgia, Mr. CHABOT, Mr. GILLMOR, Mrs. JONES of born and preborn human person; to the Com- RYAN of Ohio, Mr. ANDREWS, Mr. Ohio, Ms. KAPTUR, Mr. KUCINICH, Mr. mittee on the Judiciary. GARY G. MILLER of California, Ms. LATOURETTE, Mr. NEY, Mr. OXLEY, By Mr. KANJORSKI: WOOLSEY, Mr. RUPPERSBERGER, Mr. Mr. PORTMAN, Ms. PRYCE of Ohio, Mr. H.R. 553. A bill to authorize certain States LARSEN of Washington, Ms. REGULA, Mr. RYAN of Ohio, Mr. to prohibit the importation of solid waste SCHAKOWSKY, Mr. GONZALEZ, Mr. BOU- STRICKLAND, Mr. TIBERI, and Mr. from other States, and for other purposes; to CHER, Mr. CLAY, Ms. WATSON, Mr. the Committee on Energy and Commerce. TURNER): LANGEVIN, and Ms. DELAURO): H.R. 548. A bill to designate the Federal By Mr. KELLER (for himself, Mr. H.R. 556. A bill to amend the Federal Law building and United States courthouse lo- DELAY, Mr. BLUNT, Ms. PRYCE of Enforcement Pay Reform Act of 1990 to ad- cated at 200 West 2nd Street in Dayton, Ohio, Ohio, Mr. SENSENBRENNER, Mr. NEY, just the percentage differentials payable to as the ‘‘Tony Hall Federal Building and Mr. TIBERI, Mr. BOEHNER, Mr. GAR- Federal law enforcement officers in certain United States Courthouse‘‘; to the Com- RETT of New Jersey, Mr. KENNEDY of high-cost areas, and for other purposes; to mittee on Transportation and Infrastruc- Minnesota, Mr. SMITH of New Jersey, the Committee on Government Reform. ture. Mr. HENSARLING, Mr. FOLEY, Mr. By Mr. KOLBE (for himself, Mr. BER- By Mr. HOLT (for himself, Mr. HEFLEY, BROWN of South Carolina, Ms. GINNY MAN, Mrs. DAVIS of California, Mr. Mr. KENNEDY of Rhode Island, and BROWN-WAITE of Florida, Mr. JONES FARR, Mr. FLAKE, Mr. GRIJALVA, Mr. Mr. PALLONE): of North Carolina, Mr. CARTER, Mr. GUTIERREZ, Mr. HINOJOSA, Mr. ISSA, H.R. 549. A bill to amend the basic pay pro- SMITH of Texas, Mr. BACHUS, Mr. Ms. ZOE LOFGREN of California, Mr. visions of title 37, United States Code, to en- PENCE, Mr. SIMPSON, Mrs. CUBIN, Mr. ORTIZ, Mr. PASTOR, Mr. PEARCE, Mr. sure pay equity for enlisted members of the AKIN, Mr. NORWOOD, Mr. OTTER, Mr. REYES, Ms. LINDA T. SA´ NCHEZ of Cali- reserve components who are selected to at- STEARNS, Mr. BRADLEY of New Hamp- fornia, Mr. SCHIFF, Mr. SHADEGG, Ms. tend the United States Military Academy shire, Mr. COX, Mrs. BLACKBURN, Mr. SLAUGHTER, Ms. SOLIS, Mr. STARK, Preparatory School, the United States Naval FRANKS of Arizona, Mr. MACK, Mr. Mr. UDALL of Colorado, Mr. UDALL of Academy Preparatory School, or the United CALVERT, Mr. PETRI, Mr. KIRK, Mrs. New Mexico, and Ms. WATSON): States Air Force Academy Preparatory JO ANN DAVIS of Virginia, Mr. GREEN H.R. 557. A bill to amend the Immigration School; to the Committee on Armed Serv- of Wisconsin, Mr. MCHUGH, Mr. and Nationality Act to authorize appropria- ices. HASTINGS of Washington, Mr. tions for fiscal years 2005 through 2011 to By Mr. HOLT (for himself, Mr. CON- GILCHREST, Mr. PETERSON of Pennsyl- carry out the State Criminal Alien Assist- YERS, Mr. DICKS, Ms. ESHOO, Mr. vania, and Ms. BERKLEY): ance Program; to the Committee on the Ju- FARR, Mr. HASTINGS of Florida, Mrs. H.R. 554. A bill to prevent legislative and diciary. JONES of Ohio, Mr. KIND, Mr. LANTOS, regulatory functions from being usurped by By Mr. LATHAM (for himself, Mr. WIL- Ms. LEE, Mrs. MALONEY, Mr. civil liability actions brought or continued SON of South Carolina, Mr. BARTLETT MCDERMOTT, Mr. MCGOVERN, Mr. against food manufacturers, marketers, dis- of Maryland, Mr. TAYLOR of Mis- MORAN of Virginia, Mr. MOORE of tributors, advertisers, sellers, and trade as- sissippi, Mr. CANNON, Mr. MCGOVERN, Kansas, Mr. NADLER, Ms. sociations for claims of injury relating to a Mr. GREEN of Wisconsin, Mr. KIND, SCHAKOWSKY, Mr. VAN HOLLEN, Mr. person’s weight gain, obesity, or any health Mr. MCCOTTER, Mr. STUPAK, Mr. WEXLER, Ms. WOOLSEY, Mrs. CAPPS, condition associated with weight gain or LYNCH, Mr. SCHWARZ of Michigan, Mr. Mr. TOM DAVIS of Virginia, Mr. OBER- obesity; to the Committee on the Judiciary. BOUCHER, Mr. BAKER, Mrs. CAPITO, STAR, Mr. PAYNE, Mr. SCOTT of Vir- By Mr. KILDEE (for himself and Mr. Mr. NORWOOD, Mr. GOODE, Mr. SHAW, ginia, Mr. SHERMAN, Mr. BAIRD, Mr. VAN HOLLEN): Mr. ROSS, Mr. GORDON, Mr. BLUNT, H.R. 555. A bill to establish additional safe- ALLEN, Ms. BALDWIN, Mr. KUCINICH, Mr. SIMPSON, Mrs. MCCARTHY, and guards on schools acting as lenders under the Ms. LORETTA SANCHEZ of California, Mr. FORD): Mr. DEFAZIO, Mr. WU, Ms. KILPATRICK Federal Family Education Loan Program; to H.R. 558. A bill to amend title 10, United of Michigan, Ms. KAPTUR, Mr. COLE of the Committee on Education and the Work- States Code, to revise the age and service re- Oklahoma, Mr. PRICE of North Caro- force. quirements for eligibility to receive retired lina, Mr. WAXMAN, Mr. SABO, Mr. By Mr. KING of New York (for himself, pay for non-regular service; to expand cer- COOPER, Mr. BERMAN, Mr. ABER- Mr. WELDON of Pennsylvania, Mr. tain authorities to provide health care bene- CROMBIE, Mr. HINCHEY, Mr. FILNER, LATOURETTE, Mr. GRIJALVA, Mr. fits for Reserves and their families, and for Mr. SCHIFF, Mr. MOLLOHAN, Mr. TURNER, Mr. MCDERMOTT, Mr. LIN- other purposes; to the Committee on Armed PASCRELL, Mr. OBEY, Mr. CASE, Mr. COLN DIAZ-BALART of Florida, Mr. Services. CLAY, and Ms. MCKINNEY): SIMMONS, Mr. SERRANO, Mrs. By Ms. LEE: H.R. 550. A bill to amend the Help America MALONEY, Mr. GARRETT of New Jer- H.R. 559. A bill to amend the Elementary Vote Act of 2002 to require a voter-verified sey, Mr. WYNN, Mr. BASS, Mr. and Secondary Education Act of 1965 to di- permanent paper record or hard copy under FOSSELLA, Mr. BROWN of Ohio, Mr. rect the Secretary of Education to make title III of such Act, and for other purposes; HOLDEN, Mr. OWENS, Mr. WOLF, Mrs. grants to States for assistance in hiring ad- to the Committee on House Administration. JO ANN DAVIS of Virginia, Mr. BAIRD, ditional school-based mental health and stu- By Mr. HONDA: Mr. FERGUSON, Mr. COOPER, Mr. ISSA, dent service providers; to the Committee on H.R. 551. A bill to amend the Elementary Mr. RYUN of Kansas, Mr. INSLEE, Mrs. Education and the Workforce. and Secondary Education Act of 1965 to di- MCCARTHY, Mr. FRANK of Massachu- By Ms. LEE: rect local educational agencies to release setts, Mr. STRICKLAND, Mr. ACKER- H.R. 560. A bill to provide for the issuance secondary school student information to MAN, Mr. MCHUGH, Mr. HASTINGS of of a semipostal to benefit the Peace Corps; to military recruiters if the student’s parent Florida, Mr. WEINER, Mr. TOWNS, Mr. the Committee on Government Reform, and provides written consent for the release, and ISRAEL, Ms. VELA´ ZQUEZ, Mr. KENNEDY in addition to the Committee on Inter- for other purposes; to the Committee on of Rhode Island, Mr. BISHOP of New national Relations, for a period to be subse- Education and the Workforce. York, Mr. CUNNINGHAM, Mr. UDALL of quently determined by the Speaker, in each By Mr. HUNTER (for himself, Mr. New Mexico, Mr. DOOLITTLE, Mr. case for consideration of such provisions as SHIMKUS, Mr. KINGSTON, Mr. BART- ENGEL, Mr. STUPAK, Mr. BRADLEY of fall within the jurisdiction of the committee LETT of Maryland, Mr. TIAHRT, Mr. New Hampshire, Mrs. KELLY, Mr. concerned.

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By Mr. LEVIN (for himself, Mr. VAN DAVIS of California, Mr. DEFAZIO, Ms. SIMPSON, Mr. CARDOZA, Mr. LAHOOD, HOLLEN, Mr. TURNER, Mr. DEGETTE, Ms. DELAURO, Mr. Mr. OTTER, Mr. MARSHALL, Mr. LATOURETTE, Mr. MCCOTTER, Mr. DOGGETT, Mr. EMANUEL, Mr. ENGEL, BERRY, and Mr. POMBO): ROGERS of Michigan, Mr. STRICK- Ms. ESHOO, Mr. ETHERIDGE, Mr. H.R. 572. A bill to amend the National LAND, Mr. KNOLLENBERG, Mrs. MILLER EVANS, Mr. FARR, Mr. FATTAH, Mr. Highway System Designation Act of 1995 of Michigan, Mr. KUCINICH, Mr. LEWIS FILNER, Mr. FRANK of Massachusetts, concerning the applicability of hours of serv- of Georgia, and Ms. KILPATRICK of Mr. GRIJALVA, Mr. GUTIERREZ, Ms. ice requirements to drivers operating com- Michigan): HARMAN, Mr. HASTINGS of Florida, mercial motor vehicles transporting agricul- H.R. 561. A bill to waive time limitations Mr. HINCHEY, Mr. HOLT, Mr. HONDA, tural commodities and farm supplies; to the specified by law in order to allow the Medal Ms. HOOLEY, Mr. INSLEE, Mr. ISRAEL, Committee on Transportation and Infra- of Honor to be awarded to Gary Lee Mr. JACKSON of Illinois, Ms. JACKSON- structure. McKiddy, of Miamisburg, Ohio, for acts of LEE of Texas, Mrs. JONES of Ohio, Ms. By Mr. NADLER: valor while a helicopter crew chief and door KAPTUR, Mr. KENNEDY of Rhode Is- H.R. 573. A bill to repeal the per-State lim- gunner with the 1st Cavalry Division during land, Mr. KILDEE, Ms. KILPATRICK of itation applicable to grants made by the Na- the Vietnam War; to the Committee on Michigan, Mr. KUCINICH, Mr. tional Endowment for the Arts from funds Armed Services. LANGEVIN, Mr. LANTOS, Ms. LEE, Mr. made available for fiscal year 2005; to the By Mr. LEVIN (for himself, Mr. KIL- LEVIN, Mrs. LOWEY, Mr. LYNCH, Mrs. Committee on Education and the Workforce. DEE, Mr. GUTIERREZ, Mr. PAYNE, Mr. MALONEY, Mrs. MCCARTHY, Ms. By Mr. NADLER: WELDON of Pennsylvania, Ms. KAP- MCCOLLUM of Minnesota, Mr. H.R. 574. A bill to amend the Internal Rev- TUR, Mr. GRIJALVA, Mr. BERMAN, Ms. MCDERMOTT, Mr. MCGOVERN, Mr. enue Code of 1986 to provide for regional cost SLAUGHTER, Mr. KNOLLENBERG, Mr. MCNULTY, Mr. MENENDEZ, Mr. of living adjustments; to the Committee on LANGEVIN, Mr. DOGGETT, Mr. DAVIS of MICHAUD, Ms. MILLENDER-MCDONALD, Ways and Means. Illinois, and Mr. MCNULTY): Mr. MILLER of North Carolina, Mr. By Mr. NADLER: H.R. 562. A bill to authorize the Govern- GEORGE MILLER of California, Mr. H.R. 575. A bill to amend the Internal Rev- ment of Ukraine to establish a memorial on MORAN of Virginia, Mr. NADLER, Mr. enue Code of 1986 to deny any deduction for Federal land in the District of Columbia to NEAL of Massachusetts, Mr. OBEY, direct-to-consumer advertisements of pre- honor the victims of the manmade famine Mr. OLVER, Mr. OWENS, Mr. PALLONE, scription drugs; to the Committee on Ways that occurred in Ukraine in 1932-1933; to the Mr. PASTOR, Mr. PAYNE, Mr. PRICE of and Means. Committee on Resources. North Carolina, Mr. RANGEL, Mr. By Mr. NEY: H.R. 576. A bill to amend chapter 8 of title By Mr. LYNCH: RYAN of Ohio, Mr. SABO, Ms. LINDA T. H.R. 563. A bill to amend part D of title 5, United States Code, to establish the Joint SA´ NCHEZ of California, Ms. LORETTA XVIII of the Social Security Act to require Committee on Agency Rule Review; to the SANCHEZ of California, Mr. SANDERS, the Secretary of Health and Human Services Committee on Rules, and in addition to the Mr. SAXTON, Ms. SCHAKOWSKY, Mr. to negotiate and disclose lowest possible Committee on the Judiciary, for a period to SCHIFF, Ms. WASSERMAN SCHULTZ, Mr. prices for prescription drug prices for Medi- be subsequently determined by the Speaker, SCOTT of Virginia, Mr. SERRANO, Mr. care beneficiaries, and, with respect to the in each case for consideration of such provi- SHAYS, Mr. SHERMAN, Ms. SLAUGH- Federal Food, Drug, and Cosmetic Act, to sions as fall within the jurisdiction of the TER, Mr. SMITH of New Jersey, Ms. provide waivers that permit such bene- committee concerned. SOLIS, Mr. SPRATT, Mrs. TAUSCHER, ficiaries to import prescription drugs from By Mr. PASCRELL (for himself, Mr. Mr. TIERNEY, Mr. UDALL of Colorado, Canada; to the Committee on Energy and ENGLISH of Pennsylvania, Mr. Mr. UDALL of New Mexico, Mr. VAN Commerce, and in addition to the Committee MCHUGH, Mr. PALLONE, Mr. MEEHAN, HOLLEN, Mr. VISCLOSKY, Mr. WAXMAN, on Ways and Means, for a period to be subse- Ms. ROS-LEHTINEN, Mr. WEXLER, Ms. Mr. WEINER, Mr. WEXLER, Ms. WOOL- quently determined by the Speaker, in each LORETTA SANCHEZ of California, Mr. SEY, Mr. WU, Mr. WYNN, Ms. WATSON, case for consideration of such provisions as SAXTON, Mr. RUSH, Mr. ALLEN, Ms. Ms. WATERS, and Ms. PELOSI): fall within the jurisdiction of the committee H.R. 567. A bill to preserve the Arctic HARRIS, Mr. WELDON of Pennsylvania, concerned. coastal plain of the Arctic National Wildlife Mr. HOLDEN, Mr. SOUDER, Mr. By Mrs. MALONEY (for herself, Mr. Refuge, Alaska, as wilderness in recognition LOBIONDO, Mr. PAYNE, Mr. REYES, SERRANO, Mr. WYNN, Ms. WOOLSEY, of its extraordinary natural ecosystems and Mr. JEFFERSON, Mr. HINCHEY, Mr. and Mr. JACKSON of Illinois): for the permanent good of present and future PAUL, Mr. BROWN of Ohio, Ms. H.R. 564. A bill to amend title 13, United generations of Americans; to the Committee BORDALLO, Ms. LEE, and Ms. KIL- States Code, to provide for a just apportion- on Resources. PATRICK of Michigan): ment of Representatives in Congress for all By Mrs. MCCARTHY: H.R. 577. A bill to amend the Internal Rev- States; to the Committee on Government H.R. 568. A bill to authorize the Secretary enue Code of 1986 to provide a credit to busi- Reform. of Health and Human Services and the Sec- nesses whose employees teach at community By Mrs. MALONEY (for herself, Mr. retary of Education, acting jointly, to make colleges; to the Committee on Ways and NADLER, Mr. BISHOP of New York, Mr. grants for community outreach programs to Means. OWENS, Mrs. MCCARTHY, and Mr. empower patients and health care con- By Mr. PAUL: SERRANO): sumers, and for other purposes; to the Com- H.R. 578. A bill to amend the Internal Rev- H.R. 565. A bill to extend the time for filing mittee on Energy and Commerce, and in ad- enue Code of 1986 with respect to the pur- certain claims under the September 11th dition to the Committee on Education and chase of prescription drugs by individuals Victim Compensation Fund of 2001, and for the Workforce, for a period to be subse- who have attained retirement age, and to other purposes; to the Committee on the Ju- quently determined by the Speaker, in each amend the Federal Food, Drug, and Cosmetic diciary. case for consideration of such provisions as Act with respect to the importation of pre- By Mrs. MALONEY (for herself, Mr. fall within the jurisdiction of the committee scription drugs and the sale of such drugs SHAYS, Mr. NADLER, Mr. OWENS, Mr. concerned. through Internet sites; to the Committee on KIND, Mr. MCDERMOTT, Mrs. MCCAR- By Mr. MCNULTY: Energy and Commerce, and in addition to THY, and Mr. HINCHEY): H.R. 569. A bill to authorize the President the Committee on Ways and Means, for a pe- H.R. 566. A bill to provide protections and to award the Medal of Honor posthumously riod to be subsequently determined by the services to certain individuals after the ter- to Henry Johnson for acts of valor during Speaker, in each case for consideration of rorist attack on September 11, 2001, in New World War I; to the Committee on Armed such provisions as fall within the jurisdic- York City, in the State of New York, and for Services. tion of the committee concerned. other purposes; to the Committee on Energy By Mr. MCNULTY: By Mr. PAUL: and Commerce, and in addition to the Com- H.R. 570. A bill to amend title 10, United H.R. 579. A bill to lift the trade embargo on mittee on Transportation and Infrastruc- States Code, to authorize Army arsenals to Cuba, and for other purposes; to the Com- ture, for a period to be subsequently deter- undertake to fulfill orders or contracts for mittee on International Relations, and in ad- mined by the Speaker, in each case for con- articles or services in advance of the receipt dition to the Committees on Ways and sideration of such provisions as fall within of payment under certain circumstances; to Means, Energy and Commerce, the Judici- the jurisdiction of the committee concerned. the Committee on Armed Services. ary, Financial Services, Government Re- By Mr. MARKEY (for himself, Mrs. By Mr. MCNULTY: form, and Agriculture, for a period to be sub- JOHNSON of Connecticut, Mr. ACKER- H.R. 571. A bill to amend title 49, United sequently determined by the Speaker, in MAN, Mr. ALLEN, Mr. ANDREWS, Ms. States Code, to grant the State of New York each case for consideration of such provi- BALDWIN, Mr. BASS, Mr. BECERRA, Ms. authority to allow tandem trailers to use sions as fall within the jurisdiction of the BERKLEY, Mr. BISHOP of New York, Interstate Route 787 between the New York committee concerned. Mr. BLUMENAUER, Mr. BOUCHER, Ms. State Thruway and Church Street in Albany, By Mr. PAUL (for himself and Mr. CORRINE BROWN of Florida, Mr. New York; to the Committee on Transpor- JONES of North Carolina): BROWN of Ohio, Mrs. CAPPS, Mr. tation and Infrastructure. H.R. 580. A bill to provide greater health CARDIN, Mr. CLAY, Mr. CROWLEY, Mr. By Mr. MORAN of Kansas (for himself, care freedom for seniors; to the Committee CUMMINGS, Mr. DAVIS of Illinois, Mrs. Mr. PETERSON of Minnesota, Mr. on Ways and Means, and in addition to the

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Committee on Energy and Commerce, for a Florida, Mr. ENGEL, Mr. FOSSELLA, KUCINICH, Mr. LARSON of Connecticut, period to be subsequently determined by the Mr. FRANKS of Arizona, Mr. HOLDEN, Ms. LEE, Mrs. MALONEY, Mrs. MCCAR- Speaker, in each case for consideration of Mrs. KELLY, Mr. KING of Iowa, Mr. THY, Ms. MCCOLLUM of Minnesota, such provisions as fall within the jurisdic- KIRK, Mr. LINDER, Mrs. MCCARTHY, Mr. GEORGE MILLER of California, tion of the committee concerned. Mr. MCNULTY, Mr. MANZULLO, Mr. Mrs. NAPOLITANO, Mr. NEAL of Massa- By Mr. PENCE (for himself and Mr. NORWOOD, Mr. PALLONE, Mr. PORTER, chusetts, Mr. OBERSTAR, Mr. OWENS, BOUCHER): Mr. ROTHMAN, Mr. SAXTON, Mr. SES- Mr. PAYNE, Ms. LINDA T. SA´ NCHEZ of H.R. 581. A bill to maintain the free flow of SIONS, Mr. SHADEGG, Mr. SHAYS, Mr. California, Ms. SCHAKOWSKY, Mr. information to the public by providing condi- SHIMKUS, Mr. SOUDER, Mr. TERRY, STRICKLAND, Mr. UDALL of Colorado, tions for the federally compelled disclosure and Mr. WAMP): Mr. VAN HOLLEN, Ms. WATSON, Mr. of information by certain persons connected H.R. 588. A bill to take certain steps to- WEXLER, and Ms. WOOLSEY): with the news media; to the Committee on ward recognition by the United States of Je- H.R. 595. A bill to amend the Elementary the Judiciary. rusalem as the capital of Israel; to the Com- and Secondary Education Act of 1965 to di- By Mr. PETRI (for himself and Mr. AN- mittee on International Relations. rect certain coeducational elementary and DREWS): By Mr. REYNOLDS: secondary schools to make available infor- H.R. 582. A bill to protect employees from H.R. 589. A bill to permit States to place mation on equality in school athletic pro- invasion of privacy by employers by prohib- supplemental guide signs relating to vet- grams, and for other purposes; to the Com- iting certain video monitoring and audio erans cemeteries on Federal-aid highways; to mittee on Education and the Workforce. monitoring of employees by their employers, the Committee on Transportation and Infra- By Mr. SMITH of New Jersey (for him- and for other purposes; to the Committee on structure. self, Mr. DAVIS of Alabama, Mrs. Education and the Workforce, and in addi- By Mr. REYNOLDS: MYRICK, Mr. TOWNS, Mr. NORWOOD, tion to the Committee on Government Re- H.R. 590. A bill to provide for the Secretary Mrs. CHRISTENSEN, Mr. WAMP, Mr. form, for a period to be subsequently deter- of Veterans Affairs to conduct a pilot pro- CUMMINGS, Mr. BURGESS, Ms. mined by the Speaker, in each case for con- gram to determine the effectiveness of con- MILLENDER-MCDONALD, Mrs. JO ANN sideration of such provisions as fall within tracting for the use of private memory care DAVIS of Virginia, Ms. ESHOO, Mr. the jurisdiction of the committee concerned. facilities for veterans with Alzheimer’s Dis- LEWIS of Kentucky, Mr. RYUN of Kan- By Mr. PICKERING (for himself, Mr. ease; to the Committee on Veterans’ Affairs. sas, Mr. MARSHALL, Mr. KENNEDY of BOSWELL, Mr. KUCINICH, Mr. HOLDEN, By Mr. REYNOLDS (for himself, Mrs. Minnesota, Mr. RANGEL, Mr. WELDON Mr. BUTTERFIELD, Mrs. CAPPS, Mr. MALONEY, Mr. FOLEY, and Mr. of Florida, and Mr. BARTLETT of MCNULTY, Mrs. CHRISTENSEN, Mr. MCGOVERN): Maryland): MATHESON, Ms. SCHAKOWSKY, Mr. H.R. 591. A bill to amend title 38, United H.R. 596. A bill to amend the Public Health WAXMAN, Mr. HALL, Mr. GRAVES, Mr. States Code, to allow the sworn affidavit of Service Act to establish a National Cord NORWOOD, Mr. HINCHEY, Mr. DAVIS of a veteran who served in combat during the Blood Stem Cell Bank Network to prepare, Alabama, Mr. OWENS, Mr. SCHIFF, Mr. Korean War or an earlier conflict to be ac- store, and distribute human umbilical cord MOORE of Kansas, Mr. ROGERS of Ala- cepted as proof of service-connection of a blood stem cells for the treatment of pa- bama, Mr. ENGEL, Ms. ZOE LOFGREN disease or injury alleged to have been in- tients and to support peer-reviewed research of California, Mr. KILDEE, and Mr. curred or aggravated by such service; to the using such cells; to the Committee on En- UPTON): Committee on Veterans’ Affairs. ergy and Commerce. H.R. 583. A bill to amend the Public Health By Mr. REYNOLDS (for himself, Mr. By Mr. SULLIVAN (for himself and Mr. Service Act to provide for arthritis research SERRANO, Mr. WEINER, Mrs. MCCAR- BOREN): and public health, and for other purposes; to THY, Mr. ACKERMAN, Mrs. MALONEY, H.R. 597. A bill to amend the Internal Rev- the Committee on Energy and Commerce. Mr. MCGOVERN, Mr. BISHOP of New enue Code of 1986 to permanently extend the By Mr. POMBO: York, Mr. ENGEL, Mr. SMITH of New Indian employment credit and the deprecia- H.R. 584. A bill to authorize the Secretary Jersey, and Mr. LYNCH): tion rules for property used predominantly of the Interior to recruit volunteers to assist H.R. 592. A bill to amend title XVI of the within an Indian reservation; to the Com- with, or facilitate, the activities of various Social Security Act to provide that annu- agencies and offices of the Department of the mittee on Ways and Means. ities paid by States to blind veterans shall be Interior; to the Committee on Resources. By Mr. TERRY (for himself, Mr. SKEL- disregarded in determining supplemental se- By Mr. RADANOVICH: TON, Mr. HAYES, Mr. PAUL, Mr. H.R. 585. A bill to require Federal land curity income benefits; to the Committee on ETHERIDGE, Mr. SAXTON, Mr. managers to support, and to communicate, Ways and Means. RUPPERSBERGER, Mr. GRIJALVA, Mr. coordinate, and cooperate with, designated By Mr. ROGERS of Michigan (for him- RYUN of Kansas, Mr. MENENDEZ, Mr. gateway communities, to improve the abil- self, Mr. CAMP, Mr. MCCOTTER, Mr. COSTELLO, Mr. CASE, Mr. PALLONE, ity of gateway communities to participate in KNOLLENBERG, Mrs. MILLER of Michi- and Mrs. BLACKBURN): Federal land management planning con- gan, Mr. HOEKSTRA, Mr. UPTON, and H.R. 598. A bill to amend the Impact Aid ducted by the Forest Service and agencies of Mr. SCHWARZ of Michigan): program under the Elementary and Sec- the Department of the Interior, and to re- H.R. 593. A bill to amend the Solid Waste ondary Education Act of 1965 to improve the spond to the impacts of the public use of the Disposal Act to authorize States to restrict distribution of school construction payments Federal lands administered by these agen- receipt of foreign municipal solid waste, and to better meet the needs of military and In- cies, and for other purposes; to the Com- for other purposes; to the Committee on En- dian land school districts; to the Committee mittee on Resources, and in addition to the ergy and Commerce. on Education and the Workforce. Committee on Agriculture, for a period to be By Mr. SANDERS (for himself, Mr. By Mr. UDALL of Colorado (for himself subsequently determined by the Speaker, in KILDEE, Mr. MEEHAN, Ms. LEE, Ms. and Mr. TANCREDO): each case for consideration of such provi- WOOLSEY, Mr. HINCHEY, Ms. SOLIS, H.R. 599. A bill to provide a source of funds sions as fall within the jurisdiction of the Mr. OLVER, Mr. NADLER, Mr. to carry out restoration activities on Fed- committee concerned. CUMMINGS, Mr. LEWIS of Georgia, Mr. eral lands under the jurisdiction of the Sec- By Mr. RADANOVICH: DEFAZIO, Mr. ABERCROMBIE, Mr. retary of the Interior or the Secretary of Ag- H.R. 586. A bill to preserve the use and ac- KUCINICH, Mr. DAVIS of Illinois, Ms. riculture, and for other purposes; to the cess of pack and saddle stock animals on WATSON, Mr. GUTIERREZ, and Ms. Committee on Resources, and in addition to public lands, including wilderness areas, na- EDDIE BERNICE JOHNSON of Texas): the Committee on Agriculture, for a period tional monuments, and other specifically H.R. 594. A bill to amend titles XIX and to be subsequently determined by the Speak- designated areas, administered by the Na- XXI of the Social Security Act to provide for er, in each case for consideration of such pro- tional Park Service, the Bureau of Land expanded dental coverage under Medicaid visions as fall within the jurisdiction of the Management, the United States Fish and and State children’s health insurance pro- committee concerned. Wildlife Service, or the Forest Service where grams and to provide for funding for ex- By Mr. UDALL of New Mexico (for there is a historical tradition of such use, panded community oral health services; to himself, Mrs. WILSON of New Mexico, and for other purposes; to the Committee on the Committee on Energy and Commerce. and Mr. PEARCE): Resources, and in addition to the Committee By Ms. SLAUGHTER (for herself, Mrs. H.R. 600. A bill to clarify issues of criminal on Agriculture, for a period to be subse- CAPITO, Ms. GINNY BROWN-WAITE of jurisdiction within the exterior boundaries quently determined by the Speaker, in each Florida, Ms. SOLIS, Ms. ROS- of Pueblo lands; to the Committee on Re- case for consideration of such provisions as LEHTINEN, Mrs. CAPPS, Mrs. BIGGERT, sources. fall within the jurisdiction of the committee Mr. BOEHLERT, Mr. SHAYS, Mr. SIM- By Mr. UDALL of New Mexico (for concerned. MONS, Ms. BORDALLO, Mrs. himself, Mr. CASE, Mrs. CHRISTENSEN, By Mr. WEINER: CHRISTENSEN, Mr. CONYERS, Ms. Mr. COLE of Oklahoma, Mr. EVANS, H.R. 587. A bill to improve the safe oper- DELAURO, Mr. DOGGETT, Mr. ENGEL, Mr. FILNER, Mr. GRIJALVA, Mr. ation of aircraft; to the Committee on Trans- Mr. GRIJALVA, Ms. HARMAN, Mr. GUTIERREZ, Mr. HASTINGS of Florida, portation and Infrastructure. JACKSON of Illinois, Ms. JACKSON-LEE Mr. INSLEE, Ms. JACKSON-LEE of By Mr. REYNOLDS (for himself, Mr. of Texas, Mrs. JONES of Ohio, Mr. Texas, Mr. KENNEDY of Rhode Island, CANTOR, Mr. LINCOLN DIAZ-BALART of KENNEDY of Rhode Island, Mr. Mr. KILDEE, Mr. KUCINICH, Ms. LEE,

VerDate Aug 04 2004 06:11 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\L02FE7.100 H02PT1 February 2, 2005 CONGRESSIONAL RECORD — HOUSE H353 Mr. MCDERMOTT, Mr. MATHESON, Mr. CANTOR, Mr. TOM DAVIS of Virginia, ADDITIONAL SPONSORS NEAL of Massachusetts, Ms. NORTON, Mr. MORAN of Virginia, Mrs. JO ANN Under clause 7 of rule XII, sponsors Mr. OBERSTAR, Mr. PALLONE, Mr. DAVIS of Virginia, Mrs. DRAKE, Mr. RENZI, Mr. REYES, Mr. TOWNS, Mr. SCOTT of Virginia, and Mr. FORBES): were added to public bills and resolu- UDALL of Colorado, and Mr. WYNN): H. Res. 63. A resolution congratulating the tions as follows: H.R. 601. A bill to amend title 38, United James Madison University Dukes football H.R. 11: Mr. BOUCHER and Mr. MILLER of States Code, to provide for the eligibility of team for their outstanding and historic vic- Florida. Indian tribal organizations for grants for the tory in the National Collegiate Athletic As- H.R. 13: Mr. FOLEY. establishment of veterans cemeteries on sociation Division I-AA Championship Game; H.R. 27: Mr. HALL, Mrs. CAPITO, and Mrs. trust lands; to the Committee on Veterans’ to the Committee on Education and the DRAKE. Affairs. Workforce. H.R. 29: Mr. SAM JOHNSON of Texas. By Mr. VAN HOLLEN (for himself, Mr. By Mr. PUTNAM: H.R. 32: Mr. FLAKE and Mr. GERLACH. EDWARDS, Mr. MILLER of Florida, and H. Res. 64. A resolution electing Members H.R. 64: Mr. ROHRABACHER, Mr. GINGREY, Mr. CUNNINGHAM): and Delegates to certain standing commit- and Ms. BERKLEY. H.R. 602. A bill to restore health care cov- tees of the House of Representatives; consid- H.R. 68: Ms. EDDIE BERNICE JOHNSON of erage to retired members of the uniformed ered and agreed to. Texas, Mr. RADANOVICH, Mr. BAIRD, Mr. services, and for other purposes; to the Com- By Mr. CANTOR: BAKER, Ms. BALDWIN, Mrs. BLACKBURN, Mr. mittee on Armed Services, and in addition to H. Res. 65. A resolution electing Members BURTON of Indiana, Mr. BUYER, Mr. CANNON, the Committees on Government Reform, and Delegates to certain standing commit- Mrs. CAPITO, Mr. CHOCOLA, Mr. CLYBURN, Ways and Means, and Energy and Commerce, tees of the House of Representatives; consid- Mrs. CUBIN, Mr. DEFAZIO, Mr. DENT, Mrs. for a period to be subsequently determined ered and agreed to. EMERSON, Mr. FERGUSON, Mr. FOLEY, Mr. by the Speaker, in each case for consider- By Mr. CANTOR: GALLEGLY, Mr. HAYWORTH, Mr. HOSTETTLER, ation of such provisions as fall within the ju- H. Res. 66. A resolution electing Members Mr. ISSA, Ms. JACKSON-LEE of Texas, Mr. risdiction of the committee concerned. and Delegates to certain standing commit- LEWIS of California, Mr. MENENDEZ, Mr. MIL- By Ms. WATSON: tees of the House of Representatives; consid- LER of North Carolina, Mr. REYNOLDS, Mr. H.R. 603. A bill to improve safety and re- ered and agreed to. ROHRABACHER, Ms. ROS-LEHTINEN, Mr. RYAN duce traffic congestion at grade crossings; to By Ms. WOOLSEY (for herself, Mr. of Wisconsin, Ms. LINDA T. SA´ NCHEZ of Cali- the Committee on Transportation and Infra- WEINER, Ms. BALDWIN, Mr. CASE, Mr. fornia, Mr. SAXTON, Mr. SKELTON, Mr. SNY- structure. SERRANO, Mrs. MALONEY, Ms. EDDIE DER, Mr. STEARNS, Mr. TERRY, Mr. WALSH, By Mr. WEINER: BERNICE JOHNSON of Texas, Ms. Mr. WAMP, Mrs. WILSON of New Mexico, Mr. H.R. 604. A bill to halt the issuance of visas DELAURO, Mr. BROWN of Ohio, Mr. JEFFERSON, Mrs. JOHNSON of Connecticut, to citizens of Saudi Arabia until the Presi- PAYNE, Mr. MEEHAN, Mr. FARR, Ms. and Mr. SULLIVAN. dent certifies that the Kingdom of Saudi MILLENDER-MCDONALD, Mr. GON- H.R. 69: Mr. GARRETT of New Jersey, Mr. Arabia does not discriminate in the issuance ZALEZ, Mr. ABERCROMBIE, Ms. WAT- BOOZMAN, Mr. KING of Iowa, Mr. BURTON of of visas on the basis of religious affiliation SON, Mr. UDALL of New Mexico, Ms. Indiana, Ms. ROS-LEHTINEN, Mr. SMITH of or heritage; to the Committee on the Judici- KILPATRICK of Michigan, Mr. New Jersey, Mr. WICKER, Mr. BARTLETT of ary. GRIJALVA, Mr. INSLEE, Ms. SLAUGH- Maryland, Mr. PAUL, Mr. BROWN of South By Mr. WHITFIELD (for himself and TER, Mr. WAXMAN, Mr. CAPUANO, Mr. Carolina, Mr. SIMPSON, Mr. AKIN, Mr. PITTS, Ms. BEAN): PALLONE, Mr. GUTIERREZ, Mr. Mr. SESSIONS, Mr. BRADY of Texas, Mr. WIL- H.R. 605. A bill to authorize the President MCDERMOTT, Mr. OWENS, Mr. SON of South Carolina, and Mr. WOLF. to award the Medal of Honor posthumously WEXLER, Mr. KUCINICH, Mr. OLVER, H.R. 72: Mr. BARRETT of South Carolina, to Garlin Murl Conner for acts of valor dur- Mrs. JONES of Ohio, Ms. SOLIS, Ms. Mr. SOUDER, Mr. FRANKS of Arizona, Mr. ing World War II; to the Committee on MCCOLLUM of Minnesota, Mr. ENGEL, KLINE, Mr. SESSIONS, Mr. BARTLETT of Mary- Armed Services. Mr. MILLER of North Carolina, Mr. land, Mr. WILSON of South Carolina, Mr. AL- By Ms. WOOLSEY (for herself, Ms. LEE, ALLEN, Mr. MARKEY, Mr. FILNER, Mr. EXANDER, Mr. KING of Iowa, Mr. HOSTETTLER, Mr. CASE, Mr. ABERCROMBIE, Mr. PASCRELL, Ms. BERKLEY, Ms. LEE, and Mr. LEWIS of Kentucky. MCDERMOTT, Mr. OWENS, Mr. HONDA, Mrs. DAVIS of California, Mr. STARK, H.R. 114: Mr. PASCRELL and Mr. MARKEY. Mr. SOUDER, Mr. SHERMAN, Ms. Mr. UDALL of Colorado, Ms. CARSON, H.R. 147: Mr. SHIMKUS, Mr. HINOJOSA, Mr. PELOSI, Mr. CROWLEY, Mr. FARR, Ms. and Mr. HONDA): SHUSTER, Mr. SMITH of New Jersey, Mr. SOLIS, and Mr. WU): H. Res. 67. A resolution expressing the DICKS, Mr. FOLEY, Mr. LOBIONDO, Mrs. H.R. 606. A bill to authorize appropriations sense of the House of Representatives that to the Secretary of the Interior for the res- NAPOLITANO, Ms. HOOLEY, Mr. BLUMENAUER, the Senate should ratify the Convention on Mr. FRANK of Massachusetts, Ms. WATSON, toration of the Angel Island Immigration the Elimination of All Forms of Discrimina- Station in the State of California; to the Mr. DOOLITTLE, Mr. DOYLE, Mr. YOUNG of tion Against Women (CEDAW); to the Com- Florida, and Mrs. CAPITO. Committee on Resources. mittee on International Relations. By Mr. GREEN of Wisconsin: H.R. 181: Mr. JONES of North Carolina. H. Con. Res. 43. Concurrent resolution ex- f H.R. 184: Mr. WELDON of Pennsylvania. H.R. 188: Mr. JEFFERSON, Mr. AL GREEN of pressing the sense of the Congress that So- MEMORIALS cial Security reform measures should not Texas, Ms. CARSON, Mr. WATT, Mr. force State and local government employees Under clause 3 of rule XII, MCDERMOTT, Mr. SCOTT of Georgia, Mr. into Social Security coverage; to the Com- 5. The SPEAKER presented a memorial of ETHERIDGE, Mr. LEWIS of Georgia, Ms. WAT- mittee on Ways and Means. the General Assembly of the State of Ohio, SON, Ms. MILLENDER-MCDONALD, Mr. MCNUL- By Mr. BACA (for himself, Mr. CON- relative to Senate Concurrent Resolution TY, Mr. MEEK of Florida, Ms. HARMAN, Mr. YERS, Mr. DOGGETT, Mr. GONZALEZ, No. 26 memorializing the United States Con- EMANUEL, Ms. WATERS, Mr. OWENS, Mr. Mr. GRIJALVA, Mr. GUTIERREZ, Mr. gress to provide for a national entity to es- KUCINICH, Mr. BISHOP of Georgia, Ms. ROS- HINOJOSA, Ms. EDDIE BERNICE JOHN- tablish and enforce mandatory national elec- LEHTINEN, Mr. SCHWARZ of Michigan, Mr. SON of Texas, Mr. LANTOS, Mrs. tronic transmission reliability standards and GUTIERREZ, and Mr. BORDALLO. NAPOLITANO, Mr. ORTIZ, Mr. OWENS, to ensure federal oversight of that entity and H.R. 215: Mr. BACHUS. Ms. LINDA T. SA´ NCHEZ of California, federal authority to require transmission H.R. 223: Mr. GINGREY. Mr. SERRANO, Mr. UDALL of New Mex- owner participation in a regional trans- H.R. 226: Mr. RANGEL. ico, Ms. LEE, and Mr. PASTOR): mission organization; to the Committee on H.R. 227: Mr. OWENS, Mr. MCNULTY, Mr. H. Con. Res. 44. Concurrent resolution rec- Energy and Commerce. KING of New York, and Mr. RANGEL. H.R. 274: Mr. HOLDEN, Mr. GOODE, Mr. ognizing the historical significance of the f Mexican holiday of Cinco de Mayo; to the EHLERS and Mr. MORAN of Virginia. Committee on International Relations. PRIVATE BILLS AND H.R. 284: Mr. NEAL of Massachusetts, Mr. By Mr. COOPER (for himself and Mr. RESOLUTIONS CONYERS, and Ms. WATSON. H.R. 292: Mr. BONNER, Mr. OXLEY, Mr. CUNNINGHAM): Under clause 3 of rule XII, private H. Con. Res. 45. Concurrent resolution rec- SOUDER, Mr. TIAHRT, Ms. WATERS, Mr. BRADY ognizing the benefits and importance of bills and resolutions of the of Pennsylvania, Mr. SERRANO, Mr. school-based music education, and for other followingtitles were introduced and PASCRELL, Mr. CASE, Mr. BROWN of Ohio, Mr. purposes; to the Committee on Education severally referred, as follows: SHAW, Mr. CARTER, Mr. BAIRD, Mr. MCGOV- and the Workforce. By Mr. BACA: ERN, Mr. PASTOR, Ms. WOOLSEY, Mrs. CAPPS, By Mr. MENENDEZ: H.R. 607. A bill to extend the patent num- Mr. BUTTERFIELD, Mr. HASTINGS of Florida, H. Res. 62. A resolution electing Members bered RE 38,014 (BIEBERSTEIN) for a period Mr. LANGEVIN, Mr. WAXMAN, Mr. OBEY, Ms. and Delegates to certain standing commit- of 2 years; to the Committee on the Judici- MILLENDER-MCDONALD, Mr. COSTA, Mr. tees of the House of Representatives; consid- ary. ROHRABACHER, Mr. DAVIS of Florida, Mr. ered and agreed to. By Ms. LEE: MARSHALL, Mr. DAVIS of Alabama, Mr. MAR- By Mr. GOODLATTE (for himself, Mr. H.R. 608. A bill for the relief of Geert KEY, Mr. LIPINSKI, Ms. HARMAN, Mr. MENEN- GOODE, Mr. BOUCHER, Mr. WOLF, Mr. Botzen; to the Committee on the Judiciary. DEZ, Mr. MOLLOHAN, Ms. LINDA T. SA´ NCHEZ of

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California, Mr. UDALL of Colorado, Mrs. Ms. WOOLSEY, Mr. PASTOR, Mr. DICKS, Mr. Ohio, Mr. DENT, Mr. OWENS, Mr. MEEKS of LOWEY, Mr. LARSON of Connecticut, Mr. SCOTT of Virginia, Mr. WU, Mr. KENNEDY of New York, Ms. MOORE of Wisconsin, Mr. PAS- LARSEN of Washington, Mr. LANTOS, Mr. Rhode Island, Ms. WATERS, Mr. CONYERS, Mr. TOR, Ms. WATERS, Ms. MCCOLLUM OF MIN- RYAN of Ohio, Mr. CARDIN, Mr. DICKS, Mr. NADLER, Ms. KAPTUR, Mr. ORTIZ, Mr. EVANS, NESOTA, MS. NORTON, Ms. LEE, Mr. FRANK of MANZULLO, Mr. REYNOLDS, Mr. TIERNEY, Mr. Mr. HALL, Mr. DAVIS of Tennessee, Mr. Massachusetts, Mrs. MALONEY, Mr. DAVIS of WELDON of Pennsylvania, Mr. OBERSTAR, Mr. CRAMER, Mr. GONZALEZ, Ms. CARSON, Mr. Alabama, Ms. CORRINE BROWN of Florida, Mr. BOREN, and Mr. LINDER. OLVER, Mr. CASE, Mr. HONDA, Mr. LEWIS of JACKSON of Illinois, Mr. HAYES, Mr. SCOTT of H.R. 302: Ms. PELOSI. Kentucky, Mrs. JO ANN DAVIS of Virginia, Georgia, Mr. TOWNS, Ms. EDDIE BERNICE H.R. 310: Mr. BLUNT, Mr. GILLMOR, Mr. Mr. ENGEL, Mr. ALEXANDER, Mrs. WILSON of JOHNSON of Texas, Mr. CUMMINGS, Mr. JONES SHIMKUS, Mr. WHITFIELD, Mr. FERGUSON, Mrs. New Mexico, Mr. STEARNS Mr. HINOJOSA, of North Carolina, Ms. KILPATRICK of Michi- WILSON of New Mexico, Mr. EHLERS, Mrs. JO Mrs. BONO, Mr. BACA, Mr. ETHERIDGE, Mr. gan, Ms. LINDA T. SA´ NCHEZ OF CALIFORNIA, ANN DAVIS of Virginia, Mr. SMITH of Texas, DAVIS of Florida, Mr. HINCHEY, Mr. MEEK of MR. PAYNE, Mr. JEFFERSON, MR. ROSS, Mr. Mr. KNOLLENBERG, Mr. CAMP, Mr. HOEKSTRA, Florida, Mr. CHANDLER, Mr. SANDERS, Mr. DAVIS of Illinois, and Mr. GENE GREEN of Mr. ROGERS of Michigan, Mr. GARY G. MIL- EMANUEL, Ms. HARMAN, Mr. COOPER, Mr. MIL- Texas. LER of California, Mr. NEUGEBAUER, Mr. LER of North Carolina, Mr. TIERNEY, Ms. LEE, H. Con. Res. 26: Mr. WELDON of Pennsyl- BONNER, Mr. AKIN, and Mr. FORBES. Mr. LYNCH, Mr. PALLONE, and Mr. WYNN. vania, Mrs. JONES of Ohio, and Mr. BARROW. H.R. 311: Ms. PELOSI, Ms. DEGETTE, Ms. H.R. 373: Mr. EVANS, Mr. DELAHUNT, Mr. H. Con. Res. 30: Mr. SCOTT of Virginia and BALDWIN, Mrs. DAVIS of California, Ms. LYNCH, Mrs. CAPPS, Mr. SCOTT of Georgia, Mr. LEWIS of Georgia. MOORE of Wisconsin, Ms. HERSETH, Mr. BOS- Mr. GRIJALVA, Ms. WATSON, Mr. SANDERS, WELL, Mrs. MALONEY, Ms. LINDA T. SA´ NCHEZ Mr. BROWN of Ohio, Mr. OWENS, Ms. WOOL- H. Con. Res. 32: Mr. CROWLEY, Mr. SOUDER, of California, Ms. MCCOLLUM of Minnesota, SEY, and Ms. ESHOO. Mr. BRADLEY of New Hampshire, Mr. FOLEY, Ms. ZOE LOFGREN of California, Ms. CORRINE H.R. 376: Mr. SCOTT of Virginia, Mr. BOS- Mr. HASTINGS of Florida, and Mr. NORWOOD. BROWN of Florida, Ms. LEE, Ms. SOLIS, and WELL, Ms. BERKLEY, Mr. MURTHA, Mr. H. Con. Res. 35: Mr. PAYNE, Mrs. JONES of Mr. ORTIZ. SCHIFF, Mr. GUTKNECHT, and Mr. CLAY. Ohio, and Mr. HONDA. H.R. 312: Mr. ISRAEL, Mr. FITZPATRICK of H.R. 380: Mr. BERMAN, Mr. MARIO DIAZ- H. Res. 14: Mr. SOUDER. Pennsylvania, Mr. DICKS, Ms. DEGETTE, Ms. BALART of Florida, and Mr. CRENSHAW. H. Res. 38: Mr. SOUDER, Mr. KING of New BEAN, Ms. MOORE of Wisconsin, Ms. PELOSI, H.R. 396: Mr. MCDERMOTT and Mr. PAYNE. York, Mr. PALLONE, Mr. KIND, Mr. FOLEY, Ms. LORETTA SANCHEZ of California, Ms. H.R. 397: Mr. MCDERMOTT and Mr. PAYNE. ASTINGS HABOT HERSETH, Mr. BOSWELL, Ms. LINDA T. H.R. 418: Mr. BEAUPREZ, Mr. HAYES, Mr. Mr. H of Florida, Mr. C , and ILSON SA´ NCHEZ of California, Ms. MCCOLLUM of INGLIS of South Carolina, Mrs. MILLER of Mr. W of South Carolina. Minnesota, Ms. ZOE LOFGREN of California, Michigan, Mr. PENCE, Mr. PETERSON of Penn- H. Res. 46: Mr. SCHIFF, Mrs. BIGGERT, Ms. Ms. CORRINE BROWN of Florida, Ms. LEE, Ms. sylvania, Mr. PICKERING, Mr. THORNBERRY, WOOLSEY, Mr. FORD, Mr. GRIJALVA, Mr. SIMP- SOLIS, Mr. ORTIZ, Mr. SHERMAN, Mr. MCIN- Mr. WICKER, and Mr. WOLF. SON, Mr. VAN HOLLEN, Mr. BOOZMAN, Mr. TYRE, Mr. BERMAN, Mr. CHANDLER, Mr. SCOTT H.R. 420: Mr. ROHRABACHER and Mr. LEWIS OWENS, Ms. ESHOO, Mr. RUSH, Mrs. of Georgia, Mr. REYES, and Mr. STARK. of Kentucky. TAUSCHER, Mr. COSTELLO, Mr. UDALL of New H.R. 313: Mr. DEFAZIO, Mr. GRAVES, Mr. H.R. 425: Mr. STARK. Mexico, Mr. DOYLE, Mrs. JONES of Ohio, Mr. TIAHRT, Mr. KING of Iowa, Mr. ROGERS of H.R. 444: Mr. WEXLER, Mr. DOOLITTLE, Mr. BOSWELL, Mr. NEAL of Massachusetts, Mr. Michigan, and Mr. LEWIS of Kentucky. BUTTERFIELD, and Mrs. BONO. MARSHALL, Mr. LAHOOD, Ms. MILLENDER- H.R. 314: Mr. BOSWELL and Mr. FOLEY. H.R. 459: Mr. TAYLOR of Mississippi, Mr. MCDONALD, Mr. DAVIS of Illinois, Mr. H.R. 328: Mr. MCNULTY, Mrs. MCCARTHY, CONYERS, Mr. WEXLER, Mr. TOWNS, Mr. CRENSHAW, and Mr. PLATTS. Mr. OLVER, Mr. FLAKE, Mr. BASS, Mr. LYNCH, Mr. OLVER, and Ms. SCHAKOWSKY. H. Res. 54: Mr. SHIMKUS, Mr. CROWLEY, Mr. CARNAHAN, Mr. KANJORSKI, and Mr. H.R. 472: Mr. FRELINGHUYSEN. SOUDER, Mr. KING of Iowa, Mr. BRADLEY of H.R. 496: Ms. WOOLSEY, Mr. JACKSON of Illi- BUTTERFIELD. New Hampshire, Mr. OWENS, Mr. BURTON of H.R. 342: Mr. MCNULTY, Ms. KILPATRICK of nois, and Mr. KIND. Indiana, Mr. PALLONE, Mr. FOLEY, Mrs. JO Michigan, Mr. JEFFERSON, and Mr. CLAY. H.J. Res. 10: Mr. POMEROY, Mr. ANN DAVIS of Virginia, Mr. WEINER, and Mr. H.R. 357: Mr. BOUCHER, Mr. FORBES, Mr. HOSTETTLER, and Mr. YOUNG of Florida. NORWOOD. GALLEGLY, and Mr. KELLER. H. Con. Res. 18: Mr. MCNULTY, Mr. KEN- H.R. 358: Mr. SKELTON, Mr. UDALL of Colo- NEDY of Minnesota, Mr. KING of New York, H. Res. 57: Mr. RYAN of Ohio, Mr. BERMAN, rado, Ms. BERKLEY, Mr. ROHRABACHER, Ms. and Mr. KIRK. Mr. HOSTETTLER, Mr. GALLEGLY, Mr. CHABOT, ZOE LOFGREN of California, Mr. PLATTS, Ms. H. Con. Res. 25: Mr. RANGEL, Mr. HASTINGS Mr. KIRK, Mr. HUNTER, and Mr. SESSIONS. BALDWIN, Mr. BLUMENAUER, Mr. KIND, Mrs. of Florida, Ms. ROS-LEHTINEN, Ms. MCKIN- H. Res. 61: Ms. MOORE of Wisconsin and Ms. KELLY, Mr. RAMSTAD, Mr. BRADY of Texas, NEY, Ms. WATSON, Mr. FILNER, Mrs. JONES of EDDIE BERNICE JOHNSON of Texas.

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Vol. 151 WASHINGTON, WEDNESDAY, FEBRUARY 2, 2005 No. 9 Senate The Senate met at 9:15 a.m. and was SCHEDULE I will talk very briefly about a topic called to order by the President pro Mr. FRIST. Mr. President, this morn- the President will speak to tonight, I tempore (Mr. STEVENS). ing at 9:30, we will resume consider- am quite certain, and that is restoring ation of the nomination of Alberto commonsense balance to our legal sys- PRAYER Gonzales to be Attorney General of the tem and to our tort system. I mention The Chaplain, Dr. Barry C. Black, of- United States. Yesterday, we were able that because as the Democratic leader fered the following prayer: to lock in an agreement on the nomi- and I have agreed, we will be coming to Let us pray. nation. We will debate the nomination an important aspect of class action re- Ever loving and eternal God, source throughout the course of the morning form next week. of light that never dims and of the love and the afternoon. I think of Dr. Chet Gentry of the that never fails, life of our life, parent As we all know, at 9 p.m. tonight, the Cumberland Family Care Clinic in of our spirits, draw near to us. You are President will deliver the State of the Sparta, TN, who does not deliver babies so high that the heaven of heavens can- Union Address. Therefore, we will re- anymore, does not practice obstetrics not contain You, yet You dwell with cess at approximately 4:30 this after- anymore. When one asks him why, those who possess a contrite and hum- noon to accommodate arrangements without any hesitation, crystal clear, ble spirit. Thank You for Your kind- for that address. I do want to remind it is because his insurance premiums ness and mercy, for showering compas- our colleagues that we will assemble in grew too high. Simply, he could not af- sion on all creation. Today, we ask for the Chamber at 8:30 so we can proceed ford to deliver babies, and by dropping a special blessing for our Senators. at 8:40 sharp to the Hall of the House of obstetrics he cut the insurance pre- miums he has to pay for this privilege Open their minds to the counsels of Representatives. Tomorrow, we will continue debate of practicing medicine by two-thirds, eternal wisdom; breathe into their on the Gonzales nomination as the down from $38,000 a year to $14,000 a souls the peace which passes under- order provides, with the vote occurring year. So by not delivering babies, he standing. Increase their hunger and Thursday afternoon or evening. cuts his insurance premiums down that thirst for righteousness and feed them dramatically. There is an incentive to with the bread of heaven. Give them f not take care of moms when they are the grace to seek first Your kingdom WISHES FOR POPE JOHN PAUL’S going through this wonderful process of and help them to grow as You add unto QUICK RECOVERY giving birth. them all things needful. Hasten the day Mr. FRIST. Mr. President, a couple In a rural community as small as when all people shall pay due homage of comments before we return to the Sparta—and it has a relatively small to You, the King of kings. Amen. Gonzales nomination. Yesterday, it population, only 5,000 people—losing f was reported that Pope John Paul has Dr. Gentry’s services for families is a been hospitalized or had been hospital- huge blow. Eighteen months ago, that PLEDGE OF ALLEGIANCE ized. He had fallen ill with the flu ap- town had five family physicians. The PRESIDENT pro tempore led the parently on Sunday. I, along with the Today, there are three doing obstet- Pledge of Allegiance as follows: American people, wish him a swift and rics, delivering babies, and only two of I pledge allegiance to the Flag of the full recovery. them will perform C-sections. United States of America and to the Repub- f Dr. Gentry—again, I use him as an lic for which it stands, one nation under God, TORT REFORM example—warns: indivisible, with liberty and justice for all. In this small community of Sparta, which Mr. FRIST. Mr. President, I will f serves several surrounding rural counties, close by making a few very brief re- the cost of malpractice insurance is affecting RESERVATION OF LEADER TIME marks on Judge Alberto Gonzales. The access to care. It’s already difficult to re- opportunity is being provided for all cruit physicians to rural areas, and the mal- The PRESIDENT pro tempore. Under Senators to express themselves on this practice crisis threatens to make it worse. the previous order, the leadership time very important nomination. I am con- The issue is not just cost, it is not is reserved. fident that the nomination will be con- just money, it is access to care, wheth- f firmed tomorrow afternoon or tomor- er it is trauma care or finding an obste- row evening. The debate is important, trician who will take care of you RECOGNITION OF MAJORITY and I encourage all of our colleagues to through the 9 months of pregnancy and LEADER keep it civil and nonpartisan, as much deliver your baby. It is an access issue. The PRESIDENT pro tempore. The as practically possible, over the next 48 This out-of-control litigation is majority leader is recognized. hours. reaching a crisis point in Tennessee. In

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

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VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02PT1 S834 CONGRESSIONAL RECORD — SENATE February 2, 2005 29 other States it has already reached a rate of increase, which outpaces the Since our country’s founding, the crisis point. Seventy percent of doctors growth of our GDP, gross domestic tort system often has been a force of who have practiced in Tennessee for product, it is estimated that per capita justice and positive change, but today more than 10 years have had a claim cost will go above $1,000 by 2006. That that justice is being junked by trial at- filed against them. Does that mean means for a family of 4, there is a tort torneys looking for these multimillion- that 7 out of 10 doctors in one State are tax of about $4,000. dollar windfalls, and that is what we conducting malpractice, bad health The tort system accounts for about need to address. We will take action to care? No, of course not. 2.23 percent of our GDP. That is equal end the abuse in these lawsuits on the If one looks at the studies of obstet- to the entire economy of the State of floor of the Senate. It will be done for rics, OB/GYN, 92 percent have had a Washington or more than that of the the sake of true victims who deserve claim against them. That is 9 out of State of Tennessee, my own State. fair compensation, for the prosperity every 10 doctors who have been deliv- Where does all that money go? Unfor- and health of our people, and for the ering babies for more than 10 years. tunately, less than half of it gets to the integrity of our Government. For cardiac surgeons, heart surgeons, victims, the people who have been vic- I yield the floor. not a higher risk but in some ways a timized and hurt. They need to be fully f compensated. We all agree with that. higher risk field, one of the more com- EXECUTIVE SESSION mon operations done across the coun- The problem is, less than half of the try today is cardiac surgery—92 per- money goes to the victims, which is cent out of the physicians, 9 out of 10 the purpose of the tort system, and the NOMINATION OF ALBERTO R. physicians who have practiced more other half of it goes to administrative GONZALES TO BE ATTORNEY than 10 years, have had a suit filed costs and, of course, to the trial law- GENERAL yers, the personal injury lawyers. against them. The PRESIDENT pro tempore. Under Average malpractice insurance pre- There are lots of different examples. Take the case of the Coca-Cola apple the previous order, the Senate will re- miums have increased, so it is a prob- sume executive session for the consid- lem, but it is a problem that is getting juice dispute. It is really on the apple juice end of this, that the plaintiffs’ eration of Executive Calendar No. 8, worse. Look over the last 5 years; these which the clerk will report. lawyers charged that the drink com- premiums have increased by 84 percent. The bill clerk read the nomination of pany was improperly adding sweeteners The premiums go up because when the Alberto R. Gonzales, of Texas, to be At- frivolous lawsuits increase, it creates a to its apple juice. So as compensation, torney General. heavier burden and that is passed on, of the attorneys managed to secure a 50- The PRESIDENT pro tempore. Under cent coupon for each of the apple juice course, to physicians. In Tennessee, the previous order, the time until 4:30 victims while at the same time the OB/GYNs can expect to pay $60,000 a p.m. shall be equally divided for debate lawyers walked away with $1.5 million year in insurance premiums; heart sur- between the Senator from Pennsyl- for themselves. vania, Mr. SPECTER, and the Senator geons, about $55,000; and general sur- The system is out of balance. We will from Vermont, Mr. LEAHY, or their des- geons, $40,000. All of that is high. That bring it back into balance. Small busi- is just to pay for the insurance. Re- ignees. nesses get dragged into this irrational The Senator from Texas is recog- member, Tennessee is not yet a crisis tort system. There is example after ex- State. If a doctor is in Pennsylvania, nized. ample that we all have. The system Mrs. HUTCHISON. Mr. President, the Ohio, or down in Florida, they are pay- clearly needs to be reformed. Cherry- ing two to three times that. Some neu- division basically is going to be from picking favorable counties to land bil- 9:30 we will have Republican speakers rosurgeons, trauma surgeons, are hav- lion-dollar settlements undermines the and from 10:30 to 11:30 there will be ing to pay insurance of $300,000, some core principles of our legal system. Democratic speakers and then we will even $400,000, a year for the privilege of Those principles are fairness and eq- be going back and forth. taking care of people in the event there uity. These are the sorts of issues that I am pleased to be able to open to- is an accident. the Judiciary Committee will be ad- day’s discussion on the nomination of Dr. Martin Olsen, chair of OB/GYN dressing tomorrow in committee and my friend, Alberto Gonzales. I am division at East Tennessee State Uni- that we will be addressing on the floor pleased because I know Alberto versity, reports that their clinic in the of the Senate next week. Gonzales personally and have been able rural town of Mountain City, TN, had As our distinguished colleague from to work with him both during the time to shut down because of unaffordable New York, Senator SCHUMER, has ex- he was a distinguished supreme court insurance costs. Cocke County mean- plained on the Senate floor, too many justice in my home State of Texas, and while has lost 7 of its 12 doctors who lawsuits are filed in local courts that as White House Counsel. deliver babies. have no connection to the plaintiff, the As the senior Senator from Texas and The problem is not limited to Ten- defendant, or the conduct at issue. If formerly the junior Senator from nessee. It is not even limited to the the case affects the Nation as a whole, Texas, I have had a lot of commerce practice of medicine. I use that as an it should be heard in a Federal court. with Alberto Gonzales. I can tell the example because the impact these liti- We have other areas of litigation American public without reservation: gations costs and frivolous lawsuits that need to be addressed and hopefully He is honest. He is a straight shooter. have on medicine and health care is so will be addressed in the near future. He has told me some things I didn’t dramatic to me as a physician, as I Asbestos litigation has bankrupted 70 want to hear on more than one occa- look at my physician colleagues. companies; 18 companies have been sion. But I was absolutely assured that Across the country, American busi- bankrupted in the last 24 months. It he was doing what he said he was going nesses, doctors, plaintiffs, court sys- means job losses—60,000 jobs have been to do and that he had reasons for what tems, and taxpayers, are all being vic- lost, with billions of dollars taken out he did. timized by frivolous litigation, by out- of our economy without the patients or On the other hand, I have been able of-control litigation. Now is the time individuals with cancer being ade- to persuade him on issues where our to change that. That opportunity is be- quately compensated in a timely way. views differed, because he listened. He fore us. So squeeze the waste and abuse and in is not rigid and impenetrable, as some In 2003, the tort system cost about some cases the fraud out of the sys- people have described him. Again, he is $250 billion overall. Much of that, tem—that is our goal—and return these a person who listens, who is thought- maybe half of that—I do not even know systems back into systems of integrity. ful, who is a straight shooter, and what the figure is—is obviously well I am very excited about where we are someone for whom I have the utmost spent. What we want to do is squeeze going in terms of addressing the tort respect. the waste, the frivolous lawsuits, out issues in a balanced, bipartisan way. I am proud to be able to start the of the system. That figure of $250 bil- We will justly compensate those who floor debate today on Alberto Gonzales, lion means of an unnecessary tax of have been injured by careless or reck- who was nominated and is to be con- about $850 for every man, woman, and less actions, and we want to hold those firmed as Attorney General of the child. So it is bad now. At the current who commit these actions to account. United States.

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.003 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S835 Alberto Gonzales is the American ough research, would not shoot from represent only the White House, he will story. He is the American dream. He is the hip. He wanted someone who could represent the American people. He is the American dream, not because he be a steady hand at the wheel in the absolutely right on that point. That is wants his piece of the pie. He is the White House Counsel’s Office. So, what all of us expect and that is what American dream because he worked Alberto Gonzales came to the White he intends to deliver. hard, never complained. Without many House with the President and did an I think it is the most important advantages growing up, he persevered, outstanding job as White House Coun- point. maintained a positive spirit, and it is sel, and adviser to the President. He As we look at history and as we look fair to say, Alberto Gonzales made it. made sure the President knew all of at past Attorneys General, sometimes He made it on his own because he pre- the options and his perspective, but the impression is that an Attorney pared himself and because he didn’t act also provided him with the views and General is only loyal to the President. like a victim. He understood that this perspectives of others. This is very im- Of course, the Attorney General will be country is filled with opportunities and portant. loyal to the President, but that will he took responsibility and seized that I think Alberto Gonzales sometimes, not override his loyalty to the Con- opportunity. because he is so fair-minded, would stitution, the law, and the American He grew up in Humble, TX. Alberto give the President options even though people. Gonzales was one of seven siblings liv- he personally disagreed with some of Of course, the President too wants to ing in a two-bedroom house that was them. That is what made him such a do what is right for the American peo- built by his father and his uncles. His trusted lawyer for the President. He ple. But the Attorney General is the father was a migrant worker, as was wanted the President to make the deci- one who will make the determination if his mother. They did not have an edu- sions and he wanted the President to something is lawful. And I know that cation beyond elementary school. But make the decisions with the best pos- Judge Gonzales will do a great job in Judge Gonzales learned through his sible information he could have— representing the law and the American parents’ example that, with dreams whether he believed in that particular people. and commitment and hard work, you option or not. His loyalty to the Presi- I am disappointed some have sug- can be rewarded in this country. dent was, of course, absolute. gested that maybe Judge Gonzales has He excelled in the public schools Judge Gonzales answered a very im- not been responsive enough in his con- around Houston, TX. He was a star. He portant question about his service as firmation hearings about his role as was a star on his own merit because he White House Counsel as opposed to the White House Counsel. He was at the studied, worked hard, and was always different role he would have as Attor- committee hearings for over 6 hours of looking for that extra thing he could ney General. I think it is important be- questioning, and 450 questions were do to make himself better. Because of cause I think some of the criticism submitted to him after the hearings. that, he was accepted into one of our that has been made in the Senate Judi- He answered all of them—over 200 Nation’s most prestigious universities, ciary Committee and on the floor has pages of single-spaced responses to Rice University in Houston, TX. revolved around the role of a White Senators. He was not only a graduate of a great House Counsel and the very different To put this in context, President university, he was the first person in role that the Attorney General of the Clinton’s nominee, Janet Reno, re- his family to graduate from college and United States would play. Alberto ceived 35 questions. Alberto Gonzales from a great university such as Rice. Gonzales understands the difference. received 450 questions. From there he went on to Harvard Law He knows there is a difference. He I think it is a very important point School, where he earned his law degree. agrees that there is a difference. to make that Judge Gonzales has been As White House Counsel he had one He served in the Air Force. He was a forthcoming. He has answered every role, loyal adviser to the President of partner at Vinson & Elkins, a pres- question, either in the open forum, or the United States, and he fulfilled that tigious international law firm. He then in 6 hours of hearings, or in the 200 role superbly. He gave the advice; he pages of written answers to questions became general counsel to Governor gave different options; he let the Presi- George W. Bush, and that is where they that were submitted after the hearings dent make the decisions. But he knows by Senators. No one can claim this came to have the bond that has been so that the Attorney General of the important in their relationship man has not been forthcoming. United States is not just loyal to the In an article in the December 25, 2004, through the years. President. Of course, he is in the Presi- Then-Governor Bush appointed Christmas Day, Houston Chronicle en- dent’s Cabinet. Of course, he will be Alberto Gonzales to be secretary of titled, ‘‘A Dem on Gonzalez,’’ a Demo- loyal to the President. But that is not crat and former colleague of Judge state of Texas. The secretary of state is his primary function. I want to read Gonzales, Lynne Liberato, now a part- the person in charge of running elec- his response because it addresses ex- ner in the Houston office of Haynes and tions, making sure we have fair elec- actly what the Attorney General’s role Boone wrote: ‘‘ . . . in the back of my tions in Texas and that the elections should be, in my opinion. I agree with mind [over the past four years] I have are well publicized so we would have a Alberto Gonzales, and I think he is taken solace in the fact that the Presi- strong voter turnout. He also served as right on the mark. dent had an adviser like Al. Certainly, Governor Bush’s liaison to Mexico. I do very much understand that there is a It has become a tradition of Gov- difference in the position of Counsel to the I wish he were a Democrat, appointed ernors in our State to have a secretary President and that of the Attorney General by a Democratic President. But we of state who will work on border issues of the United States. . . . As Counsel to the lost. This President has the right to and issues with Mexico, because that is President, my primary focus is on providing appoint the attorney general, and I do such an important bilateral relation- counsel to the White House and to White not think the President could have ship for our State as well as our Na- House staff and the President. I do have a done better.’’ tion. client who has an agenda, and part of my In addition, I have to say how very Then Governor Bush appointed role as counsel is to provide advice so that impressed I am with the new Senator the President can achieve that agenda law- Alberto Gonzales to the Supreme Court fully. It is a much different situation as At- SALAZAR from Colorado, who I am told of Texas. He had a distinguished ca- torney General, and I know that. My first al- made a speech in his caucus yesterday reer. He gained experience and respect legiance is going to be to the Constitution in which he said, Please vote for every step of the way. When the George and the laws of the United States. Alberto Gonzales. I do not know first- W. Bush became the President, he Judge Gonzalez in a written response hand what he said or exactly what his brought Alberto Gonzales with him to later said: ‘‘All government lawyers words were, but Senator SALAZAR has Washington to be his White House should always provide an accurate and taken a position on principle. He took Counsel. honest appraisal of the law, even if a position on principle on behalf of Dr. As White House Counsel, the Presi- that will constrain the Administra- Condoleezza Rice and has done so with dent wanted someone he could trust tion’s pursuit of desired policies.’’ Alberto Gonzales. I must say I respect and someone who knew the law, some- Judge Gonzales said if he becomes and admire his willingness to step up one he knew was smart, would do thor- Attorney General, he will no longer to the plate and talk about the record

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.005 S02PT1 S836 CONGRESSIONAL RECORD — SENATE February 2, 2005 and the principle of giving the Presi- I am very pleased one of our new Sen- broken key racial barriers in both Gov- dent his nominee, and I commend Sen- ators from the State of Florida has ar- ernment and industry. I am so proud to ator SALAZAR for that bipartisan effort. rived on the floor. He is certainly a have been part of that progress, thanks I hope my colleagues will not use this person, having served in the Presi- to the help of many who have opened debate to continue to attack the Presi- dent’s Cabinet, who knows how impor- doors and others who have been en- dent. I hope today is filled with speech- tant it is to have a fair discussion and lightened enough to make opportuni- es about Alberto Gonzales, about his then go forward. ties available to Hispanic people in qualifications, and about his back- I would like to yield the floor to Sen- America. ground. I hope we will stay on the issue ator MARTINEZ. I was honored to serve as this Na- of Attorney General of the United The PRESIDING OFFICER (Mr. tion’s twelfth Secretary of Housing and States. I have seen the rhetoric go in a VITTER). The Senator from Florida is Urban Development. I am thrilled to different direction, both for Secretary recognized. represent the great State of Florida as of State Dr. Condoleezza Rice and for Mr. MARTINEZ. Mr. President, good our Nation’s first Cuban-American our nominee for Attorney General, morning. Senator. It is a wonderful honor, but I Alberto Gonzales. I don’t think this is I ask unanimous consent to deliver a also feel a tremendous weight of re- the time to be attacking the President. portion of my remarks in Spanish, and sponsibility from that very important There is plenty of opportunity to dis- that a copy of my speech in English opportunity. In the case of Attorney General, no agree with the President of the United and in Spanish appear in the RECORD. States. Our duty today in this body is The PRESIDING OFFICER. Without Hispanic American has ever been in the to give advice and consent on the nom- objection, it is so ordered. position of Government at that level. ination of Judge Alberto Gonzales to be Mr. MARTINEZ. Mr. President, I rise No Hispanic American has ever served Attorney General of the United States. today in support of the nomination of in one of the four premier Cabinet posi- I am very hopeful we will be able to Judge Alberto Gonzales to be our next tions. I have sat at that Cabinet table, take this opportunity to do the right Attorney General of the United States. and I know what an immense privilege thing, to confirm Judge Gonzales as As a freshman Senator, I was frankly it is to sit in with the Counsel of the Attorney General of the United States, hoping to wait a little longer before President of the United States. But I the first Hispanic American who will speaking for the first time on the Sen- also know very well that there are four hold the office of Attorney General. He ate floor. It is a privilege I take very seats at that Cabinet table that have is a remarkable leader. He has shown seriously. However, I could not fail to never before been occupied by a His- great strength and resolve during a dif- speak in defense of Judge Gonzales. I panic. They are the Secretary of State, ficult time for our country. Further- am disappointed that he has been the Secretary of the Treasury, Secretary of Defense, and Attorney General. These more, he has a record of public service subject of such partisan attack, and are the original Cabinet positions. over years that shows his remarkable today I rise in the defense of a good These are the positions that are at the character. He is a man who will be a man and a good friend. heart of the most important positions great Attorney General of the United Al Gonzales is a very dedicated pub- of our Government. Never in the his- States. lic servant and exceptionally qualified tory of our Nation has the Hispanic I think it is going to be a very impor- to serve our Nation as our next Attor- American or Latino had the oppor- tant vote that we will see tomorrow. ney General. I hope during the debate yesterday tunity to occupy that seat. Judge In January of 2001, President Bush the Democratic colleagues decided Gonzales will be the first Hispanic chose Judge Gonzales to be Counsel to they will say their peace, hopefully on American to serve in one of the Cabi- the President, and he has served his the merits or whatever they think of net’s top four positions when he be- Nation well in that position. the qualifications of Judge Gonzales, comes our next Attorney General. This Judge Gonzales was appointed to the and I hope the vote will come soon. We is a breakthrough of incredible mag- Texas Supreme Court in 1999, and from need to allow the President to fill his nitude for Hispanic Americans and December of 1997 to January of 1999, he Cabinet so they can take over in a rea- should not be diluted by bipartisan pol- served as Texas’s 100th Secretary of sonable time frame. itics. I hope we can have the full debate State. Judge Gonzales is a role model for today. It would be my hope we would I am so proud. the next generation of Hispanic Ameri- have an early vote tomorrow. If people Judge Gonzales also has received a cans in this country—a role model to do not have anything else to say, let us number of awards. He was inducted our young people who, frankly, have have a vote. Let us allow Alberto into the Hispanic Scholarship Fund too few. Gonzales to be confirmed and take the Alumni Hall of Fame in 2003, and he Just this past weekend, Congress- oath of office and get about the busi- was honored with the Good Neighbor woman SUE KELLY was relating a story ness of our country. Award from the United States-Mexico to me of something that happened with There is no reason to hold him up. He Chamber of Commerce. her recently at a school she was vis- is going to be confirmed. I think it was I was honored when he and I both re- iting in her district. She told me of a mistake to hold Condoleezza Rice for ceived the President’s awards from the something that I know to be a fact; it hours and hours and hours. It was not United States Hispanic Chamber of has happened in my own life. She said, the right thing for our country. I hope Commerce and from the League of While I was visiting there, one of the that for Alberto Gonzales we realize United Latin American Citizens, prob- young people came to me, a Latino, a there is going to be a huge responsi- ably the largest Hispanic organization Hispanic, a young person, and said to bility on his shoulders and he needs to in America. me, Do you know we now have our own be able to start. He needs to put a dep- These are just a handful of many pro- Senator. That young person was speak- uty in place, to see what is happening fessional accolades Judge Gonzales has ing of me or perhaps of Senator in the Department and have the time been awarded over the course of his SALAZAR from Colorado. But this to make the appropriate adjustments. very distinguished career. young person knew and took pride in The Attorney General of the United I know a lot has been said about the fact that we were here as role mod- States is essential to an efficient Jus- Judge Gonzales’s life story. It is a els for them, as someone who could sig- tice Department. There are many story of the fulfillment of the Amer- nal the opportunities that lie ahead in issues he faces. The sooner he gets ican dream. It is a story that resonates their own life. Attorney General started, the better. with all Americans, but especially with Gonzales will resonate through the His- I hope the President’s State of the Hispanic Americans. We view his story panic community just as he has reso- Union speech tonight will allow him to with pride and many view it with hope nated throughout our community; that lay out his case for the future of our for their own lives. he has been the President’s lawyer— country, and then I hope we can early As a fellow Hispanic American, I not an insignificant thing for him to tomorrow confirm Alberto Gonzales to want to put this nomination of Judge have done. be Attorney General of the United Alberto Gonzales in a very specific per- He is already and will continue to be States. spective. Our Hispanic community has an inspiration to these young students.

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.007 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S837 There will be Hispanic boys and girls BYRD who is an encyclopedia of statis- appointed him general counsel and across the country who will now aspire tics. I am sure this is the first time we then secretary of state, and eventually to be lawyers because of Judge have had a bilingual speech in the Sen- to the Supreme Court of the State of Gonzales’s example of what is possible ate. Texas and, of course, as counsellor to and how it is possible that someone I say to my colleagues, the Senator the President of the United States with his very humble beginnings could could not have picked a more impor- when he was elected President. achieve all he has achieved if only they tant topic upon which to first speak on President Bush has had the oppor- dare to dream in our great Nation. the Senate floor. We are grateful he is tunity to take the measure of this man And to Hispanic Americans through- here. We listened carefully to every and to work with him over many years out our Nation: word, and we thank you for what you and to appreciate the talents he can Y a los Hispano-Americanos a lo are doing for the nominee. bring to the Department of Justice of largo y ancho de esta gran nacion: The PRESIDING OFFICER. The Sen- the United States. Frankly, it is for tanto a nuestros nin˜ os, como a ator from Arizona is recognized. that reason I think even though some nuestros estudiantes de Derecho y los Mr. KYL. Mr. President, while the on the other side of the aisle have res- padres y abuelos que han venido a Senator from Florida is still in the ervations about Judge Gonzales, they America a crear una vida mejor para Senate Chamber, I congratulate him certainly ought to give this man the ellos y sus familias, hoy les tengo un for his first speech in the Senate. I benefit of the doubt. If anyone deserves mensaje: have come to know him as an excep- the benefit of the doubt it is a person El Juez Gonzales es uno de nosotros. tional public servant. It is fitting he like Alberto Gonzales. El representa todos nuestros suen˜ os y should speak to this issue, the nomina- Is he perfect? No; none of us are. It esperanzas para nuestros hijos. tion of Judge Alberto Gonzales to be seems to me the President, having Debemos reconocer la importancia de Attorney General of the United States known this man for so long and having este momento—sobre todo para nuestra in his first speech. Frankly, I am hon- relied upon him personally, would be juventud. No podemos permitir que la ored to follow his remarks. They will given some deference in the selection politiquerı´a nos quite este momento be not nearly as eloquent, but I hope, of his nominee, especially given the que nos enorgullece a todos. Apoyemos nevertheless, persuasive in support of fact that against great odds Alberto a Alberto Gonzales. Judge Gonzales’s nomination. Gonzales has achieved so much in his This is a historic opportunity for From our schoolchildren, to law stu- life. dents, to parents and grandparents who America, and especially for me and the One word about some of the opposi- came to America to create a better life constituents in my State, so many of tion. I don’t think people who are for themselves and their families in the whom are Spanish, are Hispanic, and watching should be overly concerned United States, I have this message for can understand how significant it is for about the attacks relating to the sub- you today: Judge Gonzales is one of us. a young man to rise literally from ject of terror with respect to Judge He represents all of our hopes and Humble, TX, where Alberto Gonzales Gonzales. They have nothing to do dreams for our children and for all of grew up, to reach the pinnacles of with Judge Gonzales. Their way of ar- us as Hispanic Americans. Let us ac- power in American Government. They ticulating frustration and opposition knowledge the importance of this mo- know it does not come easy. Many of to the President’s policies with respect ment, especially for our young people. them have suffered the same kind of to the war in Iraq—and it is unfortu- We cannot allow petty politicking to background that could limit a person nate that sometimes these political deny this moment that fills all with like Alberto Gonzales but in his case statements and opposition are reflected such pride. Let us all support Alberto did not because of the support and love in the context of a nominee for office— Gonzales. of his family and the strength and for- this is an opportunity for members of I am honored to have my first re- titude that he characterizes and the the opposition to make their case marks on the Senate floor be in praise hard work that enabled him to progress against the President when they have of a friend, Alberto Gonzales, to be our from these humble beginnings, lit- an opportunity to speak to the Sec- next and I think exceptional Attorney erally in Humble, TX, all the way retary of State’s nomination or the At- General. Not only have I known Mr. through our finest educational institu- torney General’s nomination or other Gonzales as a colleague in government tions into one of the finest law firms of public officials. service where I have known of his in- this country, and eventually into gov- credible dedication, the incredibly long ernment when then-Governor George But it is too bad for those public offi- hours he has put in, the very difficult Bush discovered this fine young lawyer cials because, as I said in the case of days we all faced in the days following and asked him to fill a number of ap- Alberto Gonzales, most of what has the tragic moments after September 11 pointed positions in the State of Texas. been said has nothing to do with him. when our Nation was attacked, the tre- I was struck by one of the stories He is accused in one case of offering ad- mendous weight of responsibility that that has probably been repeated. It vice to the President with respect to a fell on him in the months and years bears repeating. Senator SALAZAR, in treaty, and that advice was absolutely that came after that, but I look for- introducing Alberto Gonzales to the correct. In the other case, he is accused ward to casting my vote in the Senate Judiciary Committee, on which I sit, regarding the content of a memo he did for our Nation’s first, and in this his- for his hearing, related the story of not author, and therefore it is not his toric moment, our next Attorney Gen- how Judge Gonzales had recalled in his responsibility. eral, the first Hispanic to occupy that upbringing the fact that during his Do not be deceived by some of these office. high school years he never asked his discussions that might cause you to I urge my colleagues to vote in favor friends to come over to his house be- wonder what does this subject of terror of Judge Gonzales’s nomination. I urge cause, he said: Even though my father have to do with Judge Gonzales. In this them to rise above the moment to see poured his heart into that house, I was case, the answer is essentially nothing. the greatness of this opportunity, to embarrassed that 10 of us lived in a Back to the point that was the cen- not lose this moment that we can all cramped space with no hot running tral theme of the Senator from Florida, make history. water or telephone. there are a lot of people in this country We can all make history. I look for- That is the situation in which this who are qualified to be Attorney Gen- ward to being a part of that with my young man grew up. Yet, as I said, he eral of the United States—a relatively vote for Judge Gonzales. was the first person in his family to go small number but nevertheless a lot of I yield the floor. to college. He ended up graduating people the President could have cho- The PRESIDING OFFICER. The Sen- from Rice. As a young man he sold pop sen. It is significant he chose Alberto ator from Kentucky is recognized. in the grandstands, dreaming one day Gonzales. He is clearly qualified. When Mr. MCCONNELL. I congratulate our of attending that university and grad- someone is qualified and has the con- new colleague, Senator MARTINEZ, on uated from Harvard Law School. After fidence of the President, as Alberto his initial speech in the Senate. I bet joining a prestigious law firm in Texas, Gonzales does, it seems to me those in the Senator will be cited by Senator he caught the eye of George Bush, who this body—unless there is some highly

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.010 S02PT1 S838 CONGRESSIONAL RECORD — SENATE February 2, 2005 disqualifying factor brought to our at- been available to him in private prac- the strongest and most effective Attor- tention—should accede to the Presi- tice, it is hard to anticipate how much neys General, certainly of that period, dent’s request for his nomination and that would be, but it would have been who drove a great deal of the impor- confirm the individual. considerable. Instead, at considerable tant issues that were decided in the There is an extra special reason this financial sacrifice, I suspect, he has area of civil rights and in the area of is meaningful to me. That is because of been willing to participate in public fighting corruption, especially orga- the number of Hispanics in my State of service. He has excelled at it both as a nized crime, organized crime in labor Arizona and their aspirations and their judge in Texas and as a counsel to the union activity. pride at the achievements they have President in Washington. The reason that Robert Kennedy is accomplished. Now he has been put forth as the sort of the prototypical appointment in As the Senator from Florida pointed nominee of the President to serve as the post-World War II period is because out, it is important for this country to Attorney General. I think it is an un- it reflected the fact that the President, recognize the kind of talent Alberto fortunate reflection of the partisanship President John Kennedy, felt so Gonzales represents and to hold that up on the other side, to be very honest, strongly that he needed in the Attor- as an inspiration to young people to let that his character has been impugned, ney General’s position someone in them know, regardless of their race or that his purposes have been impugned, whom he had absolutely unequivocal ethnicity, if they work hard, even when that his integrity has been questioned, confidence and who was going to be they come from humble beginnings, and that his record of commitment to there as an assistant and as a force to this country offers opportunities that public service has been brought into carry forward his policies. are not available in any other country, question, not necessarily, I think, be- That attitude has moved forward and regardless of their background cause of what he has done, because throughout this period. Attorney Gen- they have the opportunity to become what he has done has been as an ex- eral Reno, who I had the opportunity the Attorney General of the United traordinarily successful public servant to work with extensively during her States of America. and exceptional justice, an exceptional term in office, initially started out in That is a tremendous testament to counsel to the President, but simply that role also, I believe. Certainly John this country. It is a testament to the because I believe Members on the other Ashcroft has had that position. Now, in Senate which has allowed people like side wish to highlight their political sort of a restatement, in a way, of the Alberto Gonzales to have an oppor- differences, using Judge Gonzales as Robert Kennedy role, President Bush tunity, to the President for his perspi- their stalking-horse to accomplish has chosen his closest legal adviser, cacity in nominating such an indi- that, and have been willing to attempt Alberto Gonzales, who has a much vidual for Attorney General. It would to undermine such an American suc- stronger r´esum´ e than Robert Kennedy cess story for the purposes of pro- be a very strong message not only had but who has the same historic posi- moting what amounts to petty polit- around this country but around the tion in that he is going to be able to ical gain. carry forth the decisions of this Presi- world for the Senate to confirm the It is unfortunate, unfortunate indeed, nomination of Alberto Gonzales as At- because the office of Attorney General dent and operate as a confidant of this torney General of the United States. has a tradition in this Nation, and es- President in a manner which is unique- Mrs. HUTCHISON. Mr. President, I pecially in the post-World War II pe- ly important to the Attorney General’s thank the distinguished Senator from riod, of being an office which has al- role. Obviously, the Attorney General has Arizona, a member of the Judiciary ways had appointed to it high-quality an obligation to be the law enforce- Committee, who has done a wonderful individuals who have been very close to ment officer of our Nation, to be a fair job on that committee. It is a tough the Presidency. That also is a logical arbiter, to be a spokesperson who has committee, but he has done a terrific choice. job. That was an outstanding state- I think it is important to focus on integrity on issues, and to speak clear- ment on behalf of Alberto Gonzales. that fact, that the Attorney General’s ly to the administration of what is Looking at this man’s incredible position, in the post-World War II pe- right and wrong, and how it should background and how far he has come riod at least, has been a position which move forward effectively on issues, in a clearly shows the great country that has come to play a little different role way that does not compromise the ad- America is and the great perseverance than maybe it has historically played ministration. Judge Gonzales has done and intellect that Alberto Gonzales in the sense that it has been a position that. He has done that time and time has. where Presidents have chosen people again in his role as White House Coun- I yield the time he may consume to who they have had absolute personal sel. He understands his new role as At- the Senator from New Hampshire, Mr. confidence in, not people who nec- torney General in that context. GREGG. essarily are chosen because they bal- But the attacks on Judge Gonzales do Mr. GREGG. Mr. President, it is a ance a political ticket or political not go to this role, they go more to a pleasure to rise today in support of a theme or regional need. The impor- disagreement which people from the native son of Texas. The Senator rep- tance of having an Attorney General in other side have over this administra- resents Texas so well in this Chamber. whom a President has confidence has tion’s policy relative to Iraq in an at- Alberto Gonzales, as has been out- been the critical element of choosing tempt to bootstrap Judge Gonzales’s lined by many of the speakers, is an that individual. nomination into a major confrontation American success story. What an in- I guess the best example of that, of on the issues of whether we are doing credible story. There is no point in course, is the Presidency of John Ken- correct things in Iraq. That, to me, is plowing ground that has already been nedy, when he chose his brother Robert inappropriate relative to the confirma- plowed numerous times, but still it is Kennedy, who clearly had very little tion process. nice to see this happen. It is nice to see experience. He had, of course, been There is no question we should de- someone of such extraordinary capa- counsel for hearings here in the Senate bate Iraq. That should be a matter of bility rise to such success. It is the dealing with corruption and labor cor- open and continuous debate in this American way to reward ability. We as ruption issues involving the Teamsters Senate. It is the most important inter- a nation open our arms to people who Union, but he had not had a great national policy issue we have going on are productive, concerned citizens who breadth of experience. He was a fresh today. I have no hesitation about de- are willing to give of themselves not face, to be kind, in the area of public bating it. But I do not believe we only to produce a better life for them policy. He was chosen by President should use an individual who is a nomi- and their family but also to produce a Kennedy, which was a choice of signifi- nee for a major office within the Cabi- better life for their fellow citizenry, cant implications in that the President net as a stalking-horse for the purposes which is exactly what Judge Gonzales of the United States would actually of making attacks on the Presidency, has done. choose his brother to serve as Attorney unless there is some clear relationship With his talent he could have simply General. there. In this case there is none that is gone out and made a huge amount of It turned out to be a great choice. so substantive and appropriate that it money. The dollars that might have Robert Kennedy was probably one of rises to the level of opposition of the

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.013 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S839 Attorney General nominee, in my opin- I do rise in support of Alberto thing which the President committed ion. Gonzales to be confirmed as the next to writing and for which Judge The individual we have before us as a Attorney General for the United Gonzales stands. nominee, Judge Gonzales, is such a States. I had the pleasure of serving on Judge Gonzales has unmistakably, unique and extraordinary success the Judiciary Committee for the past 2 forcefully, and consistently made clear story, who so eloquently defines the years, having gone off at the beginning before, during, and after his confirma- American dream, as we all love to pro- of this session. But during the course tion hearing that it is not the policy of fess to our different constituencies, to of my 2 years as a member of the Judi- the United States to condone torture talk about how people succeed in at- ciary Committee, I had the oppor- and that he personally does not con- taining the American dream. Whenever tunity to be involved in the hearings, done torture. I go into a classroom, especially an ele- the discussions, and the review of a At a June 22, 2004, press briefing, be- mentary or middle school classroom, I number of issues to which Judge fore his confirmation hearing—indeed, talk about how you can be anything. Gonzales has spoken during the course well before he was even a nominee— All you have to do is work hard, stay in of his confirmation process. Judge Gonzales stated: school, study hard, and make a com- One of those issues is the administra- The administration has made clear before, mitment to being an honest person, a tion’s policy on torture, for which the and I will reemphasize today that the Presi- person who has high values, and a per- judge has been unduly criticized by dent has not authorized, ordered or directed son who is committed to working hard, folks who are in opposition to his nom- in any way any activity that would trans- gress the standards of the torture conven- and you can accomplish just about ination. I want to respond to some of tions or the torture statute, or other appli- anything. the ridiculous accusations of those who cable laws. That is what we say to our youth in are opposed to this confirmation, and He continued later: this country. That is what we say to talk about some of the actual facts in- people who come to our land as immi- [I]f there still remains any question, let me volved, which seem to be missing from say that the U.S. will treat people in our grants. Judge Gonzales personifies that the conversations on the floor coming custody in accordance with all U.S. obliga- statement. For some Members of this from his critics and from those who are tions including federal statutes, the U.S. Senate to be taking such a negative ap- opposed. Constitution and our treaty obligations. The proach in addressing his nomination, I do not think Judge Gonzales nor President has said we do not condone or and defining his individual characteris- could the administration be more clear commit torture. Anyone engaged in conduct tics as not fulfilling those concepts of than they have been on the policy and that constitutes torture will be held ac- the American dream is, I think, a dis- countable. the subject of torture. As President The President has not directed the use of service to the people who, like Judge Bush stated at his January 26, 2005, specific interrogation techniques. There has Gonzales, have succeeded in America. press conference: been no presidential determination of neces- This is a unique person whom we are Al Gonzales reflects our policy, and that is sity or self-defense that would allow conduct very fortunate to have as a nominee to we don’t sanction torture. that constitutes torture. There has been no be Attorney General of the United In all of his statements and re- presidential determination that cir- cumstances warrant the use of torture to States. His confirmation will stand as sponses, Judge Gonzales has empha- a statement of opportunity to tens of protect the mass security of the United sized that there is a distinct difference States. thousands, hundreds of thousands, po- between what the law would allow and tentially millions of Americans, espe- I have several more pages of state- what the administration policy is. No ments that were made by Judge cially Americans who have come here matter how the obligations of the from Hispanic cultures, that America Gonzales in his confirmation hearing United States under the Constitution, that directly apply to this issue. They is a land of opportunity, that the treaties, and various statutes have American dream does exist for you, have been consistent. They have been been interpreted, the President has very clear. They have been concise to that if you work hard, that if you are said he would never order or condone a person of integrity, that if you com- the effect that Judge Gonzales has torture. That is the policy. That is never condoned the use of torture. It is mit yourself to your goals, you can what Alberto Gonzales has represented succeed, and America will reward you not the administration policy to con- and does represent today. done torture. Why in the world folks on in that success and acknowledge it. President Bush’s February 7, 2002, So I believe very strongly that the the other side continue to criticize this memorandum to, among others, the man for something he has not said or choice of Judge Gonzales is an extraor- Vice President, the Secretary of State, dinarily strong one, that it is con- has not condoned should be pretty ob- the Secretary of Defense, the Attorney vious to the American people. There is sistent with the tradition of Attorney General, and the Director of Central General choices in the post-World War a reason for it, but the reason simply Intelligence unequivocally required doesn’t hold water. II period, and that, more importantly, those detained by the U.S. Armed it is a statement by this President that Who is this man? That is the more Forces to be treated humanely. The important question. Who is Alberto he understands the American dream is President stated: personified in Judge Gonzales, and that Gonzales? Is he qualified to become At- Of course, our values as a Nation, values it should be rewarded and should be re- torney General of the United States? that we share with many nations in the Judge Gonzales grew up as a humble spected. world, call for us to treat detainees hu- Mr. President, I yield the floor. manely, including those who are not legally man. He is a Hispanic American who The PRESIDING OFFICER. The Sen- entitled to such treatment. Our Nation has grew up, interestingly enough, in a ator from Texas is recognized. been and will continue to be a strong sup- two-bedroom house in Humble, TX, Mrs. HUTCHISON. Mr. President, I porter of Geneva and its principles. As a that his father and uncle built and yield the remainder of the Republican matter of policy, the United States Armed where his mother still resides. His par- time to the distinguished Senator from Forces shall continue to treat detainees hu- ents were never educated beyond ele- Georgia, Mr. CHAMBLISS, and I ask manely and, to the extent appropriate and mentary school, and he was the first unanimous consent that he be allowed consistent with military necessity, in a man- person in his family to go to college. ner consistent with the principles of Geneva. to speak until 10:32 or until the Demo- . . . I hereby reaffirm the order previously He is a graduate of Texas public crats arrive. issued by the Secretary of Defense to the schools, Rice University, and Harvard The PRESIDING OFFICER. Without United States Armed Forces requiring that Law School. objection, it is so ordered. the detainees be treated humanely and, to Judge Gonzales served in the U.S. Air The Senator from Georgia is recog- the extent appropriate and consistent with Force between 1973 and 1975 and at- nized. military necessity, consistent with the prin- tended the U.S. Air Force Academy be- Mr. CHAMBLISS. Mr. President, I ciples of Geneva. tween 1975 and 1977. He is married and thank the Senator from Texas for her It could not be clearer. It absolutely has three sons. While his family lived great leadership on this issue, particu- could not be clearer. And it is not in Houston, TX, he practiced with one larly organizing the support on the something that he said which is the of the best firms in America, and hav- floor this morning for Judge Gonzales. subject of interpretation; it is some- ing practiced law for 26 years myself

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.016 S02PT1 S840 CONGRESSIONAL RECORD — SENATE February 2, 2005 and having associated with the firm of spected by Presidents of both political Let’s review what we know. which he was a member, not knowing parties for generations. First, Mr. Gonzales recommended to that in fact he was, I am very familiar Next to the image of Saddam Hus- the President that the Geneva Conven- with the firm. It is not just one of the sein’s statue dragged from its pedestal tions should not apply to the war on best firms in Texas; it is one of the best to the dirt below will be the horrifying terrorism. In a January 2002 memo to firms in America. They don’t hire law- image of the hooded prisoner at Abu the President, Mr. Gonzales concluded yers who are not competent and capa- Ghraib, standing on a makeshift ped- that the war on terrorism ‘‘renders ob- ble to get the job done. That is exactly estal, tethered to electrical wires. solete’’ the Geneva Conventions. This what Judge Gonzales is—competent Alberto Gonzales is a skilled lawyer. is a memo written by the man who and capable. His life story is nothing short of inspir- would be Attorney General. He was commissioned as Counsel to ing. I have the greatest respect for his Colin Powell and the Joint Chiefs of President George W. Bush in January success, for what he has achieved, and Staff objected strenuously to this con- of 2001, obviously showing what kind of for the obstacles he has overcome. clusion by Alberto Gonzales. They ar- confidence the President of the United But this debate is not about Mr. gued that we could effectively pros- States has in the man. Prior to serving Gonzales’s life story. This debate is ecute a war on terrorism while still liv- in the White House, he served as a jus- about whether, in the age of terrorism, ing up to the standards of the Geneva tice of the Supreme Court of Texas. Be- America will continue to be a nation Conventions. fore his appointment to the Texas Su- based on the rule of law, or whether In a memo to Mr. Gonzales, Sec- preme Court in 1999, he served as we, out of fear, abandon time-tested retary of State Colin Powell pointed Texas’s 100th secretary of state; that values. That is what is at issue. out that the Geneva Conventions would being from December of 1997 to Janu- The war in Iraq is more dangerous allow us to deny POW status to al- ary of 1999. today because of the scandal at Abu Qaida and other terrorists and that Among his many duties as secretary Ghraib prison. Our conduct has been they would not limit our ability to of state, he was a senior adviser to called into question around the world. question a detainee or hold him indefi- then-Governor Bush, chief elections of- Our moral standing has been chal- nitely. So, contrary to the statements ficer, and the Governor’s liaison on lenged, and now we are being asked to by some of my colleagues on the other Mexico and border issues. promote a man who was at the center side of the aisle, complying with the Simply stated, this man, unlike a lot of the debate over secretive policies Geneva Conventions does not mean giv- of folks coming out of the same kinds that created an environment that led ing POW status to terrorists. Colin of conditions in which he grew up, to Abu Ghraib. Powell knew that. The Joint Chiefs of made a decision that he wanted to im- What happened at Abu Ghraib? What Staff knew that. Alberto Gonzales re- prove the quality of life for himself and continues to happen at Guantanamo? fused to accept that. for his family. He worked hard. He What happened to the standards of civ- In his memo to Mr. Gonzales, Sec- studied hard. He became a lawyer, ilized conduct America proudly fol- retary Powell went on to say that if we something that nobody else in his fam- lowed and demanded of every other na- did not apply the Geneva Conventions ily could ever do before him. He prac- tion in the world? to the war on terrorism, ‘‘it will re- ticed law in one of the largest States in Some dismiss these horrible acts as verse over a century of U.S. policy and our country with one of the largest law the demented conduct of only a few, practice . . . and undermine the protec- firms in that particular State. He was the runaway emotions of renegade tions of the law of war for our own a dadgum good lawyer. Obviously the night shift soldiers, the inevitable pas- troops . . . It will undermine public President of the United States has con- sions and fears of men living in the support among critical allies, making fidence in him from the standpoint of charnel house of war. But we now know military cooperation more difficult to looking to him for legal advice. that if there was unspeakable cruelty sustain.’’ All of the criticisms directed at him in those dimly lit prison cells, there The President rejected Secretary have nothing to do with his ability to was also a cruel process underway in Powell’s wise counsel and instead ac- operate and practice as a lawyer, and the brightly lit corridors of power in cepted Mr. Gonzales’s counsel. He in his capacity as Attorney General, he Washington. issued a memo concluding that ‘‘new will be the No. 1 lawyer in the country. At the center of this process, at the thinking in the law of war’’ was needed I submit to all of my colleagues that he center of this administration’s effort to and that the Geneva Conventions do is qualified for this job. I ask for their redefine the acceptable and legal treat- not apply to the war on terrorism. support of Judge Gonzales to be con- ment of prisoners and detainees was And then what followed? Mr. firmed as the next Attorney General of Alberto Gonzales, Counsel to President Gonzales requested, approved, and dis- the United States. George W. Bush. And with the skill seminated this new Justice Depart- I yield the floor. that only lawyers can bring, Mr. ment torture memo. This infamous The PRESIDING OFFICER. The Sen- Gonzales, Assistant Attorney General memo narrowly redefined torture as ator from Illinois. Jay Bybee and others found the loop- limited only to abuse that causes pain Mr. DURBIN. Mr. President, after holes, invented the weasel words and equivalent to organ failure or death, every war, history is written. There are covered the whole process with winks and concluded that the torture statute stories of courage, compassion, and and nods. which makes torture a crime in Amer- glory, and stories of cruelty, weakness, At the very least, Mr. Gonzales ica does not apply to interrogations and shame. helped to create a permissive environ- conducted under the President’s Com- When history is written of our war on ment that made it more likely that mander in Chief authority. That was terrorism, it will record the millions of abuses would take place. You can con- the official Government policy for 2 acts of heroism, kindness, and sacrifice nect the dots from the administration’s years. performed by American troops in Iraq, legal memos to the Defense Depart- Then relying on the President’s Ge- Afghanistan, and other nations. And it ment’s approval of abusive interroga- neva Conventions determination and will record as well the stunning cour- tion techniques for Guantanamo Bay, the Justice Department’s new defini- age of Iraqi men and women standing to Iraq and Abu Ghraib, where those tion of torture, Defense Secretary in line last Sunday, defying the ter- tactics migrated. Rumsfeld approved numerous abusive rorist bullets and bombs to vote in the Blaming Abu Ghraib completely on interrogation tactics for use against first free election of their lives. night shift soldiers ignores critical de- prisoners in Guantanamo Bay, even as But sadly, history will also recall cisions on torture policy made at the he acknowledged that some nations that after 9/11, and after the invasion of highest levels of our Government, deci- may view those tactics as inhumane. Iraq, some in America concluded our sions that Mr. Gonzales played a major These techniques have Orwellian Nation could no longer afford to stand role in making. If we are going to hold names such as ‘‘environmental manipu- by time-honored principles of human- those at the lowest levels accountable, lation.’’ ity, principles of humane conduct em- it is only fair to hold those at the high- The Red Cross has concluded that the bodied in the law of the land and re- est levels accountable as well. use of these methods at Guantanamo

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.018 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S841 was more than inhumane. It was, in the held a hearing or even conducted a counsel. In the 6 days from December 6 words of the Red Cross, ‘‘a form of tor- meeting to try to resolve any possible to December 12, 1995, for example, there ture.’’ doubts about a case. were four executions. In the 9 days We have recently learned that nu- In fact, according to a 1998 civil suit, from May 13 to May 22, 1997, there were merous FBI agents who observed inter- some board members do not even re- six executions. In the 8 days from May rogations at Guantanamo Bay com- view case files or skim correspondence 28 to June 4, 1997, there were five exe- plained to their supervisors about the they are required to read before voting cutions. In the week from June 11 to use of these methods, methods which on clemency petitions. U.S. District June 18, 1997, there were four execu- began at the desks of Alberto Gonzales Court Judge Sam Sparks, who presided tions. And during one 5-week period and the Department of Justice, moving over that lawsuit, found, in his words: from May 13 to June 18, 1997, in the through the Department of Defense to There is nothing, absolutely nothing—that State of Texas, there were 15 execu- Guantanamo Bay. In one e-mail that the Board of Pardons and Paroles does where tions. has been released under the Freedom of any member of the public, including the Gov- Even if Mr. Gonzales found an oppor- ernor, can find out why they did this. I find Information Act, an FBI agent com- that appalling. tunity, as he says, to mention critical plained that interrogators were using details of upcoming executions during Typically, Mr. Gonzales presented a what he called ‘‘torture techniques.’’ meetings on other topics, is that an ap- clemency memo to Governor Bush on This is not from a critic of the United propriate or sufficient way to provide a the day that the inmate was scheduled States who believes that we should not Governor with information he needs to to be executed. Mr. Gonzales would be waging a war on terrorism. These make a life-or-death decision? spend about 30 minutes at some point are words from the Federal Bureau of Did Mr. Gonzales really expect the during the day briefing the Governor Investigation. Governor to be able to keep track of before this person was led to execu- Let me read the graphic language in these details that were discussed weeks tion—30 minutes. an e-mail written by another FBI agent Let me tell you about 2 of the 59 peo- in advance of a decision on clemency? about what he saw: ple whose clemency requests Mr. Is that reasonable when a person’s life On a couple of occasions, I entered inter- Gonzales handled. is hanging in the balance? view rooms to find a detainee chained hand Irineo Tristan Montoya was a Mexi- Regardless of how one feels about the and foot in a fetal position to the floor, with can national executed in 1997. In 1986, death penalty, no one—absolutely no no chair, food or water. Most times they uri- one—wants to see an innocent person nated or defecated on themselves, and had in police custody, Mr. Montoya signed what he thought was an immigration executed. That is not justice. been left there for 18–24 hours or more. On Over 2,000 years ago, Roman orator one occasion, the air conditioning had been document. In fact, it was a murder con- turned down so far and the temperature was fession. Mr. Montoya could not read a Cicero said: Laws are silent in time of so cold in the room, that the barefooted de- word of it. He spoke no English. war. The men and women who founded tainee was shaking with cold. . . . On an- Under the Vienna Convention of Con- this great Nation rejected that notion. other occasion, the [air conditioner] had sular Affairs, which the U.S. ratified in They understood that freedom and lib- been turned off, making the temperature in 1969 and accepted as our law of the erty are not weaknesses; they are, in the unventilated room well over 100 degrees. land, Mr. Montoya should have at least fact, our greatest strengths. The detainee was almost unconscious on the In times of war or perceived threat, floor, with a pile of hair next to him. He had been told that he had the right to have a Mexican consular officer contacted we have sometimes forgotten that apparently been literally pulling his hair out basic truth. And when we have, we throughout the night. On another occasion, on his behalf. He was never informed of not only was the temperature unbearably this right. have paid dearly for it. hot, but extremely loud rap music was being Mr. Gonzales’s clemency memo men- In the late 1700s, a war with France played in the room, and had been since the tioned none of these facts—not one. seemed imminent. Congress responded day before, with the detainee chained hand News accounts say Mr. Montoya was by passing the Alien and Sedition Acts. and foot in the fetal position on the tile convicted almost entirely on the These patently unconstitutional laws floor. strength of this confession, a confes- empowered the President to detain and These are the words of an agent of sion which he signed that he could not deport any non-citizen with no due the Federal Bureau of Investigation, read or understand. process and made it illegal to publish who viewed the interrogation tech- Then there is the case of Carl John- supposedly ‘‘scandalous and malicious niques at Guantanamo, techniques that son. It has become infamous. Mr. writing’’ about our Government. flowed from the memo that came Gonzales’s memo on Mr. Johnson’s President Lincoln, whom I regard as across Mr. Gonzales’s desk to the De- clemency request neglected to mention the greatest of all American Presi- partment of Defense down to these that Mr. Johnson’s lawyer had literally dents, suspended the great writ of ha- dimly lit cells. And the Red Cross and slept through much of the jury selec- beas corpus during the Civil War. the FBI agree that they are torture. tion. The first red scare during World War I asked Mr. Gonzales: Of the 59 clem- Mr. Gonzales claims that omission of I accelerated into the Palmer raids ency cases he coordinated, how many critical facts such as these do not mat- after a series of bombings on Wall times did he either recommend clem- ter because ‘‘it was quite common that Street and in Washington, DC. Palmer, ency, a stay of execution, or further in- I would have numerous discussions the U.S. Attorney, ordered roundups of vestigation to resolve any doubts about with the Governor well in advance of a suspected ‘‘reds’’ and summarily de- a condemned inmate’s guilt? scheduled execution.’’ ported thousands of aliens, often with He replied that he could not recall However, Governor Bush’s logs gen- little evidence of wrongdoing and no what advice he may have given then- erally show one, and only one, 30- due process. Governor Bush on any of the 59 cases. minute meeting for each execution. We all know the tragic story of Japa- He also said he never once rec- Thirty minutes for each life. And that nese immigrants and U.S. citizens of ommended clemency because he be- meeting generally took place on the Japanese ancestry being rounded up lieved that he and the Governor were scheduled day of the execution. and placed in internment camps during obligated to follow the recommenda- At the Judiciary Committee hearing, World War II. tions of the State Board of Pardons and Mr. Gonzales said: If I were in talking Another moment that I recall, as I Paroles. to the Governor about a particular stand here today, is when I served in Relying so heavily on the Texas matter and we had an opportunity, I the House of Representatives and heard Board of Pardons and Paroles might would say, ‘‘Governor, we have an exe- two of my colleagues who were Con- not be troubling if the board’s record cution coming up in 3 weeks. One of gressmen at the time, Japanese Ameri- itself was not so troubling. Between the bases of clemency I’m sure that cans, come forward to explain what 1973 and 1998, the Texas Board of Par- will be argued is, say, something like happened to them, how they were lit- dons and Paroles received more than 70 mental retardation. These are the erally told the night before in their appeals of clemency denials. In all issues that have to be considered.’’ homes in California by their parents to those cases, the board never once—not The Texas death house was a busy pack up their little belongings, put one time—ordered an investigation or place when Mr. Gonzales was general them in a suitcase, and be prepared to

VerDate Aug 04 2004 00:51 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.020 S02PT1 S842 CONGRESSIONAL RECORD — SENATE February 2, 2005 get on a train in the morning. Bob name to Clyde, and even had two oper- record, I believe there is no other Matsui was one of those. He just passed ations to make his eyes appear round- choice. away a few weeks ago. er. He was still forced into Tule Lake, Judge Gonzales’s life story is a shin- Bob Matsui understood what dis- an internment camp in California. ing example of the American dream. crimination could really be. What was He challenged his detention, taking From humble beginnings he rose to his sin? He was born of Japanese Amer- his case all the way to the U.S. Su- serve on the Texas Supreme Court, be- ican parents. That is a fact of life, and preme Court. In a decision that re- come counsel to the President of the it was a fact that changed his life dra- mains one of the most infamous deci- United States, and has now been nomi- matically. He and others were taken sions in the Court’s history, the Su- nated for one of the three highest Cabi- off to internment camps without a preme Court rejected Mr. Korematsu’s net positions in the United States. trial, without a hearing, simply be- claim and failed to find the internment His life story is compelling and admi- cause they were suspected of being un- of Japanese Americans unconstitu- rable, but that alone is not enough to patriotic. tional. support someone for the position of At- During the Cold War, our Nation, It would be another 40 years until an torney General of the United States. fearful of communism, descended into American President, Ronald Reagan, The Attorney General is the chief a red scare of McCarthyism, witch officially apologized for that terrible law enforcement officer of the Federal hunts, and black lists that destroyed miscarriage of justice and offered small Government, and serves as the face for the lives of thousands of decent people. restitution to its victims. truth and justice in this country. In the 1960s, the Government infil- Today, Mr. Korematsu is nearly 85 This individual should and must be trated many organizations and com- years old. He is recovering from a seri- committed to the sanctity of the law, piled files on its own citizens simply ous illness, but he still loves America protecting the rights and liberties of for attending meetings of civil rights and is deeply concerned that we not all people, and ensuring that the laws or antiwar organizations. again abandon our most cherished prin- are obeyed. Some on the other side of the aisle ciples and values. So he has raised his I believe Judge Gonzales’s work as have compared Mr. Gonzales to one of voice, warning his fellow Americans we counsel to the President shows him to our great Attorneys General, Robert should not repeat the mistakes of the be unfit to perform the duties of the Kennedy. With all due respect to Mr. past. Attorney General. My concern centers on three events Gonzales, he is no Robert Kennedy. Un- I respect and admire Alberto during Judge Gonzales’s tenure as like Mr. Gonzales, Robert Kennedy un- Gonzales for his inspiring life story and counsel to the President. derstood the importance of respecting the many obstacles he has overcome. His actions during these times cause the rule of law to America’s soul and Some of my colleagues suggested his me to question whether he can fulfill our image around the world. life story embodies the American the duties of the Attorney General as I Listen to this quote from a speech dream. But there is more to the Amer- just outlined. that Robert Kennedy gave at the ican dream than overcoming difficult The first event involves Judge height of the Cold War and the civil circumstances to obtain prominence Gonzales asking the United States De- rights movement. This is what he said: and prosperity. We also must honor partment of Justice to prepare a legal We, the American people, must avoid an- Fred Korematsu’s dream that our opinion on acceptable interrogation other Little Rock or another New Orleans. country be true to the fundamental standards that would be allowed under We cannot afford them. It is not only that principle upon which it was founded: the Convention Against Torture. such incidents do incalculable harm to the the rule of law. children involved and to the relations among This memo became the basis for the Some of my colleagues have sug- standards developed by the Defense De- people, it is not only that such convulsions gested that the opposition to Al seriously undermine respect for law and partment’s working group on detainee order and cause serious economic and moral Gonzales’s nomination is all about par- interrogation, which subsequently have damage. Such incidents hurt our country in tisan politics. That could not be fur- been used in Afghanistan, Guantanamo the eyes of the world. For on this generation ther from the truth. This is about our Bay, and Iraq. of Americans falls the burden of proving to ability to win the war on terrorism The Justice Department memo ig- the world that we really mean it when we while respecting the values that our nores significant contrary case law, a say all men are created equal and are equal Nation represents. plain reading of the statute, and the before the law. I cannot in good conscience vote to legislative history of the law. Those were the words of Robert Ken- reward a man who ignored the rule of In doing so, the memo created such a nedy, and if you replace Little Rock law and the demands of human decency narrow definition of torture that only and New Orleans with Abu Ghraib and and created the permissive environ- actions that cause ‘‘equivalent in in- Guantanamo, those words ring true ment that made Abu Ghraib possible. tensity to the pain accompanying seri- today. Mr. Gonzales does not seem to When the history of these times are ous physical injury, such as organ fail- understand, as Robert Kennedy did, the recorded, I believe that Abu Ghraib and ure, impairment of bodily function, or impact such scandals have on Amer- Guantanamo will join the names of in- even death’’ would be considered tor- ica’s soul and image. famous Japanese-American internment ture. Today is a critical moment for our camps such as Manzanar, Heart Moun- The analysis included in the memo Nation. Overseas, our Nation’s actions tain, and Tule Lake where Fred has been called weak and reckless by and character are being questioned by Korematsu and over thousands of oth- other lawyers, human rights groups, our critics and our enemies. Here at ers were detained. I cannot in good former officials from this administra- home, we want to feel safer and more conscience vote to make the author of tion, military officers, and military secure. such a terrible mistake the chief law lawyers. There are some who want to repeat enforcement officer of our great Nation However, it appears that Judge the mistakes of our past. They think and the guardian of our God-given and Gonzales had no misgivings with the the best way to protect America is to most cherished rights. memorandum at the time. silence the law in this time of war. So, Mr. President, I will vote no on In fact, it appears that Judge Let me tell you about one man who the nomination of Alberto Gonzales to Gonzales continues to have no concerns disagrees. His name is Fred Korematsu. serve as Attorney General of the with the conclusions of this memo, More than 60 years ago, Mr. Korematsu United States. I yield the floor. even though prior to his Senate Judici- was a 22-year-old student and was one The PRESIDING OFFICER (Mr. ary Committee hearing, the Depart- of the 120,000 Japanese-American citi- GRAHAM). The Senator from Vermont. ment of Justice issued another super- zens and immigrants who was forced Mr. JEFFORDS. Mr. President, I rise seding memorandum that reaches a from their homes into these prison today to oppose the nomination of much different conclusion. camps, internment camps. Alberto Gonzales to be the next United According to the new memorandum, After Pearl Harbor, Mr. Korematsu States Attorney General. torture is defined as physical suffering tried everything he could think of to be It is disappointing to have to oppose ‘‘even if it does not involve severe accepted as American. He changed his this nomination, but based on his physical pain.’’

VerDate Aug 04 2004 00:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.022 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S843 Second, in a memo Judge Gonzales speeches. I commend my colleague lieve they have done wrong. Normally wrote to the President, he advised that from Vermont, Mr. JEFFORDS, for his it is the job of the Congress to root the Geneva Conventions did not apply statement. Yesterday I listened to Sen- that out. We have not been doing our to captured members of al-Qaida and ators FEINSTEIN, SCHUMER, KENNEDY, job. Fortunately the press and others, the Taliban. MIKULSKI, DAYTON and STABENOW on through the Freedom of Information This was a reversal of longstanding our side, and I thought their state- Act, have. United States policy and practice of ments were very good. Both Senator Despite repeated requests both before adhering to the Geneva Conventions. DURBIN of Illinois and I were at a hear- and during and after judge Gonzales’s This conclusion is a misstatement ing this morning and left to come over confirmation hearing, there is much we and misinterpretation of the Geneva here. I think his statement was still do not know. We gave this nomi- Conventions. straightforward and comprehensive and nee every possibility before, during, The Geneva Conventions require hu- compelling. I appreciate what has been and after his hearing to clarify this. I mane treatment of all captives, wheth- said. even sent to him and to the Repub- er soldiers, insurgents, or civilians. I have also listened to the statements licans on the committee, well in ad- Additionally, Judge Gonzales also re- of those who support this nominee, vance of the hearing, a description of quested a memo concerning the Geneva most from the other side. I would say the types of questions I would ask on Conventions’ effect on the transfer of one thing, I am glad that none of them this particular matter so there would protected persons from occupied terri- are defending torture. I never expected be no surprises and so that he would tory. they would. None of them defend what have a chance to answer them. He This memo led to the creation of the happened at Abu Ghraib. I didn’t ex- didn’t. ‘‘ghost detainee program’’ in Iraq, a pect they would. None of them are de- We do know that he was chairing practice that is against the spirit, fending the Bybee memorandum, with meetings and requesting memos and plain reading, and any interpretation its narrow legalistic interpretation of checking up on those memos as various of the Geneva Conventions. the torture statute. I never thought Government agencies were being Finally, and most disturbingly, any of them would. tasked with eroding long-established Judge Gonzales has advised the Presi- None of them defend the outrageous U.S. policy on torture. dent that if a legal statute infringes on claim that the President of the United Just this week, the New York Times the authority of the President as the States is above the law. I don’t know reported the Justice Department pro- Commander-In-Chief, then that statute how anybody could defend that posi- duced a second torture memo to ad- should be considered unconstitutional tion. One of the things we have dress the legality of specific interroga- and the President could refuse to com- learned, from the first George W., tion techniques proposed by the CIA. ply with the law. George Washington, to the current So much for the proponents’ argument Such a position is contrary to settled President, is that no President is above that these memoranda were research memos with little real-world impact. separation of powers case law, and has the law, not even this one. None of us That second torture memo, which the most recently been repudiated by the are. Senators are not. Judges are not. administration refused to provide to United States Supreme Court in its de- Nobody is. the Judiciary Committee, reportedly cision last year on the rights of detain- In fact, some of the people who have used the very narrow and thus permis- ees. spoken have been explicitly critical of sive interpretation of the torture stat- These events lead me to question the the Bybee memo. Unfortunately, the ute outlined in the first memorandum. willingness of Judge Gonzales to, as re- nominee has not joined in that criti- The administration will not come quired, protect the sanctity of the law; cism. Instead, he told me at his hearing clean from behind the stone wall it has protect the rights and liberties of all that he agreed with its conclusions. We constructed to deter accountability for people, not just some, but all; ensure know that for at least 2 years he did its actions. Does anyone believe this that Federal laws are obeyed, and, ef- not disagree with the secret policy of memo was generated without knowl- fectively perform the duties of Attor- this administration. edge of the White House, without its Water flows downhill and so does ney General of the United States. approval? I am truly saddened to have to op- Government policy in this administra- The President said he chose Judge pose the nomination of an Attorney tion. Somewhere in the upper reaches Gonzales because of his sound judg- General for the first time in my career. of this administration a process was ment in shaping the administration’s However, the Nation’s chief law en- set in motion that rolled forward until terrorism policies. But the glimpses we forcement officer must be required to it produced scandalous results. have seen of secret policy formulations show, beyond any doubt, the utmost re- We may never know the full story. and legal rationales that have come to spect for the law and an unwavering The administration circled the wagons. light show that his judgements have determination to defend the law. They stonewalled requests for informa- not been sound. Instead, Judge Gonzales’s record as tion from both Republicans and Demo- Look at his role with respect to the counsel to the President points to re- crats. What little we do know, we know Bybee memo. This is the memo that peated attempts to skirt the law rather because the press has done a far, far, noted legal scholar Dean Koh of the than uphold it. far better job of oversight than the Yale Law School called, ‘‘perhaps the I must conclude that given the record Congress itself. We know it from inter- most clearly erroneous legal opinion I before us, Judge Gonzales is not quali- national human rights organizations have ever read.’’ He went on to say it is fied for the job. because they have done a far better job ‘‘a stain upon our law and our national Following the Iraq prison scandal, of oversight than Congress has. We owe reputation.’’ Secretary Rumsfeld stated that people it to a few internal Defense Depart- In remarks yesterday, Republican should not base their opinion of the ment investigations, and of course the Senators, quite correctly in my view United States on the events that oc- Freedom of Information Act litigation. and the view of many others who stud- curred there, but on the actions we Thank goodness we have the Freedom ied it, said the Bybee memo was ‘‘erro- take thereafter. of Information Act, because Congress, neous in its legal conclusions. . . .’’ Therefore, what will be the world’s this Congress especially, both bodies, They call the memo’s interpretation of opinion of the United States if we ele- has fallen down for years on their over- what constitutes torture ‘‘very, very vate one of the architects of the poli- sight responsibility. It failed, actually extreme . . . certainly not a realistic cies that led to the Iraq prison abuses refused, to do oversight of an adminis- or adequate definition of torture which to the position of chief law enforce- tration of their own party. It is fortu- would withstand legal analysis or legal ment officer of our country? nate the Freedom of Information Act is scrutiny.’’ I yield the floor. there. I commend them for doing that. I The PRESIDING OFFICER. The Sen- Every administration, Democrat and commend them for saying the memo- ator from Vermont. Republican, will tell you all the things randum was ‘‘extreme and excessive in Mr. LEAHY. Mr. President, this they believe they have done right. its statement and articulation of exec- morning we have heard many excellent None will tell you the things they be- utive power.’’ I would feel far better if

VerDate Aug 04 2004 00:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.025 S02PT1 S844 CONGRESSIONAL RECORD — SENATE February 2, 2005 the man who they are supporting for tions that gave a legal gloss to policies that trusted aides in key positions. It’s to get Attorney General had taken the same spread from Guantanamo to Iraq and Af- their judgment after hearing everyone else’s position, as have many of my col- ghanistan. judgment,’’ says Dan Bartlett, the presi- Gonzalez is likely to win approval from the dent’s communications director. leagues in the Senate, on both sides of Senate. As Leahy noted at the time of Gon- The way Mr. Gonzales sees it, the war on the aisle. zalez’s nomination, the present Senate would terrorism requires a re-examination of the Even supporters of Judge Gonzales probably give the nod to Attila the Hun. But conventional rules, and it is his job to push distance themselves from the Bybee a strong voice of disapproval by senators Congress, the courts, and the international memo’s conclusion that the President concerned about the way that Gonzalez and community to do that. ‘‘Some of these prin- has authority to immunize those who Bush have abused our democratic ideals ciples have never been addressed in a court violate the law knowing that ‘‘cer- would remind the world that America is not of law,’’ says Mr. Gonzales. ‘‘People think it tainly is not lawful.’’ unanimous in support of the inhumane poli- is obvious that an American citizen, for ex- These are the statements of Repub- cies of the Bush administration. ample, would have a right to counsel if de- Bush has pledged his support for demo- tained as an enemy combatant. But that’s lican Senators, but they should not be cratic movements all around the world. A no not so obvious.’’ confused with the statements of Judge vote on the Gonzalez nomination would show Before Sept. 11, Mr. Gonzales’s only brush Gonzales, who has refused to criticize the world the United States, too, is strug- with the Geneva Conventions was in death- its legalistic excuses for recalibrations gling to be a democracy. penalty appeals, such as the 1997 case of of decades of law and practice. Mexican native Tristan Montoya. Under the I ask unanimous consent to have [From the Wall Street Journal, Nov. 26, 2002] Geneva agreement, Mr. Montoya had a right printed in the RECORD a number of GONZALES REWRITES LAWS OF WAR to contact his consulate office, but Texas au- thorities failed to inform him of that right. newspaper articles and editorials that (By Jeanne Cummings) Mr. Gonzales argued that omission wasn’t bear on this nomination, including one WASHINGTON.—Most people assume Attor- significant enough to overturn Mr. Mon- that appears in today’s Rutledge Her- ney General John Ashcroft is the Bush ap- toya’s murder-robbery conviction. He as- ald, a prize-winning newspaper in pointee responsible for legal decisions that serted Texas was under no obligation to en- Vermont. critics say place national security above force the agreement anyway since the state There being no objection, the mate- civil liberties. But the real architect of wasn’t a party in ratifying it. Mr. Montoya rial was ordered to be printed in the many of those moves is someone most Amer- was executed and the U.S. State Department icans have never heard of: White House RECORD, as follows: sent a letter of apology to Mexico for the Counsel Alberto Gonzales. agreement’s violation. [From the Rutland Herald, Feb. 2, 2005] Since the Sept. 11 attacks, the former com- After the terrorist attacks, Mr. Gonzales NOONGONZALEZ mercial-real-estate attorney from Texas has took a new look at those agreements. The One of the best ways the U.S. Senate could been rewriting the laws of war. From his cor- reference book ‘‘The Laws of War’’ is the assure the world that the United States is se- ner office in the White House, he developed newest addition to his research shelf. It was rious about democracy and human rights the legal underpinnings for presidential or- given to him by John Yoo, a former Univer- would be to reject the nomination of Alberto ders creating military commissions, defining sity of California, Berkeley professor now Gonzalez as attorney general. enemy combatants and dictating the status serving in the Justice Department’s Office of The Democrats on the Senate Judiciary and rights of prisoners held from Afghani- Legal Council. Mr. Yoo built a formidable Committee were united in opposing Gon- stan battles. And he may well hold the most reputation in elite international law aca- zalez, who received a vote of 10–8 from the sway in President Bush’s coming decision on demic circles—the ‘‘academy’’ as they call committee. Sen. Patrick Leahy, ranking whether to begin appointing military com- themselves—for his provocative writings as- Democrat on the committee, was firm in op- missions to prosecute Afghanistan war pris- serting profound presidential powers during position to Gonzalez. Democrats have flirted oners. time of war. He quickly became the White with the idea of a filibuster to block Gon- He believes he is striking the right balance House counsel office’s ‘‘go to guy,’’ says Mr. zalez’s confirmation, but on Tuesday they re- between American security and personal lib- Gonzales. jected that idea. erties. But his methods have evoked outrage But the Gonzales team’s first venture into It is a difficult to understand how the Arab from the State Department and even the the international-law arena was a rocky one. world or anyone else could take seriously Pentagon, which say they resent being cut On Nov. 13, 2001, Mr. Bush announced his in- President Bush’s high-flown rhetoric on be- out of the process. tention to revive World War II-style military half of freedom or democracy if Gonzalez be- Career Pentagon lawyers in the Judge Ad- commissions. He released a framework that came part of his cabinet. Gonzalez has be- vocate General’s Office were furious that excluded explicit assurances of unanimous come known as Mr. Torture. His low-key, eq- they read first in news reports that Mr. verdicts, rights to appeal, public trials, and a uable manner before the committee should Gonzales had devised the legal framework for standard of proof beyond a reasonable doubt. not disguise the fact that during long hours military commissions. National Security The legal community—particularly military of testimony he refused to say that it was il- Council legal advisers unsuccessfully tried in experts—exploded. legal for the president to authorize torture January to stall his controversial decision Over the next four months, Pentagon at- of prisoners in the hands of the U.S. mili- asserting that the Geneva Convention didn’t torneys, who had complained about being tary. apply to Afghanistan detainees. And Sec- kept out of the loop, wrote regulations for It is well known that Gonzalez was the au- retary of State Colin Powell launched an in- the commissions that guaranteed most of thor of memos defining the ways that it was tense internal campaign to undo that deci- those rights. Still lacking, critics say, is the permissible for U.S. troops to torture their sion. right to appeal to an outside court. ‘‘Our po- captives. He was behind numerous policies ‘‘Essentially, a bunch of strangers are de- litical leaders just can’t have the ultimate since ruled unconstitutional and illegal, such ciding the issues and you’re outside the door say on guilt and innocence,’’ says Tom as the detention of prisoners without charge not being heard,’’ complains retired Rear Malinowski, a Washington advocate and di- and without access to a lawyer. He was be- Adm. John Hutson, who served as the Navy’s rector of Human Rights Watch. hind the military tribunals established to judge advocate general until 2000 and who re- Mr. Gonzales was ‘‘surprised’’ by the sharp deal with prisoners at the Guantanamo naval mains close to his former colleagues at the reaction to the commission ruling, but ac- base, which have also been thrown out by the Pentagon. knowledged it may have been written and re- courts. The 47-year-old Harvard Law School grad- leased too hastily. He says he conducts wide- Continuing revelations reveal that torture uate remains secure in his post mainly for ranging consultations, but that there are and other mistreatment were the work of one reason: President Bush. ‘‘I love him times when others within the administration more than a few miscreants at Abu Ghraib in dearly’’ was how Mr. Bush introduced his just don’t agree with his final recommenda- Iraq. The International Red Cross has former Texas chief counsel last year. Be- tion for action. charged that torture of prisoners is wide- cause of that bond, Mr. Gonzales is consid- Two months after the commission order, spread. New reports continue to emerge, ered a likely candidate for nomination to the Mr. Gonzales was readying another critical such as that describing the sexual taunting U.S. Supreme Court. wartime recommendation—that the presi- of prisoners by female interrogators. It is de- What makes the San Antonio native’s role dent deny Geneva Convention coverage to grading for the prisoners and for the U.S. remarkable is his willingness to go toe-to- detainees housed in a makeshift prison in military, and it shows the world a face of the toe against Defense Secretary Donald Rums- Cuba’s Guantanamo Bay Naval Base. Na- United States that ought to shame all Amer- feld’s department lawyers and Mr. Powell tional Security Council lawyers tried to slow icans. himself—to try to bend powerful insiders to the order, but, on Jan. 18, Mr. Bush adopted Is Alberto Gonzalez responsible for these the will of his client, Mr. Bush. Mr. Gonzales that stand. ‘‘They are not going to become violations? Yes. He is not alone, of course. is the president’s final sounding board on POWs,’’ Mr. Gonzales said. President Bush bears ultimate responsi- issues that in previous administrations were The move immediately drew objections bility, and Secretary of Defense Donald largely handled by experts in the National from the State Department. Mr. Powell, Rumsfeld is culpable as well. But Gonzalez Security Council or the departments of State fearing captured U.S. servicemen or spies was responsible for the twisted interpreta- and Defense. ‘‘There is a reason you have could face reprisals, demanded the president

VerDate Aug 04 2004 00:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.027 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S845 reconsider the ruling. The secretary’s dis- power to authorize indiscriminate use of tor- Bush-appointed head of OLC, Jay Bybee, now comfort was compounded by a Jan. 25 memo ture in wartime interrogations—tearing off a federal judge, and some other Justice De- written by Mr. Gonzales that misstated Mr. fingernails, branding prisoners’ genitals with partment and White House lawyers were re- Powell’s position and concluded that the sec- red-hot pokers, you name it. luctant to make such a bold and unprece- retary’s arguments for ‘‘reconsideration and Here is how these profoundly unwise dented claim of presidential power. But reversal are unpersuasive.’’ claims have worked out: under apparent pressure from their superi- Mr. Powell argued that while the detainees The no-due-process ‘‘enemy combatant’’ ors, Bybee and his staff produced the August didn’t deserve prisoner-of-war status, the ad- policy brought Bush an 8–1 rebuff from the 1, 2002, memo, addressed to Gonzales. Earlier ministration must use the Geneva Conven- Supreme Court on June 28, in Hamdi v. drafts had been carefully vetted by the of- tions to reach that conclusion. After two in- Rumsfeld. The majority asserted that ‘‘a fices of Gonzales, Ashcroft, and David tense NSC meetings, Mr. Bush opted to re- state of war is not a blank check for the Addington, Vice President Cheney’s counsel. verse course—but, for Mr. Gonzales, it was president.’’ Antonin Scalia, the justice whom I have been unable to determine how deep- only a technical loss. Bush has said he most admires, stressed in a ly Gonzales was involved in the details. The Today, federal judges are grappling with concurrence that ‘‘the very core of liberty Senate should demand to know. Mr. Gonzales’s interpretation of the rights of secured by our Anglo-Saxon system of sepa- Aside from the OLC memo’s indefensible U.S. citizens, the ‘‘enemy combatants,’’ who rated powers has been freedom from indefi- claims of presidential power to order torture, have been held for months without charges nite imprisonment at the will of the execu- it also claims that rough treatment of pris- or access to attorneys. That is an issue that tive.’’ oners does not even fit the definition of tor- is unlikely to be resolved until it reaches the The ‘‘military commissions’’ have been a ture unless ‘‘equivalent in intensity to the Supreme Court. fiasco in practice (as detailed in my Sep- pain accompanying serious physical injury, Mr. Gonzales readily admits the White tember 11, 2004, column) and were held to be such as organ failure, impairment of bodily House might lose some ground in those court unlawful in important respects on November function, or even death.’’ cases. While being ‘‘respectful’’ of constitu- 8 by Judge James Robertson of the U.S. Dis- There is no evidence that the administra- tional rights, the administration’s job ‘‘at trict Court for the District of Columbia. (The tion ever approved ‘‘torture,’’ as thus de- the end of the day’’ is ‘‘to protect the coun- administration plans to appeal.) fined, as a matter of policy. It did approve a Bush’s spurning of the Geneva Conventions try,’’ he says. ‘‘Ultimately, it is the job of number of highly coercive, still-classified in- and refusal to provide hearings for Guanta- the courts to tell us whether or not we’ve terrogation methods, such as feigning suffo- namo detainees probably explain his 6–3 de- drawn the lines in the right places.’’ cation and subjecting prisoners to sleep dep- feat in another June 28 Supreme Court deci- sion, Rasul v. Bush, which rejected Bush’s rivation and ‘‘stress positions,’’ which appar- [From the National Journal, Nov. 13, 2004] claim of power to detain non-Americans at ently helped extract valuable information OPENING ARGUMENT—THE PROBLEM WITH Guantanamo without answering to any from Qaeda leaders. And in 2003, the Pen- ALBERTO GONZALES court. And Judge Robertson wrote that the tagon adopted the Justice Department’s (By Stuart Taylor Jr.) administration ‘‘has asserted a position analysis—initially devised for CIA interroga- tions of a few high-level terrorists—to jus- White House Counsel Alberto Gonzales is starkly different from the positions and be- havior of the United States in previous con- tify coercive interrogations of prisoners at an amiable man with an inspiring personal Guantanamo and, later, in Iraq. This came story. One of eight children of uneducated flicts, one that can only weaken the United States’ own ability to demand application of despite strong objections from top military Mexican-American immigrants, he grew up lawyers, based on their long-standing view in a Texas house with no hot water or tele- the Geneva Conventions to Americans cap- tured during armed conflicts abroad.’’ that rough interrogation methods are inef- phone. He would be the first Hispanic attor- fective, arguably illegal, and likely to be- ney general. He has the complete trust of the The Justice Department torture memo, to- gether with a similar Pentagon memo in come indiscriminate and excessive. president, whom he has loyally served for How much all of this had to do with bring- four years in Washington, and in Texas be- March 2003 and the Abu Ghraib photos, have brought the United States worldwide oppro- ing about the now-documented torture, fore that. He is far less divisive and abuses, and killings of prisoners in Iraq and confrontational than the departing John brium for authorizing torture as official pol- icy (which Bush did not do) while making Afghanistan is in dispute. What’s clear is Ashcroft. that the leaked torture memos, as well as The problem with Gonzales is that he has the CIA and the military newly wary of using even mild, legally defensible forms of the Abu Ghraib photos, disgraced our na- been deeply involved in developing some of tion—so much so that Gonzales and other the most sweeping claims of near-dictatorial coercion to extract information from cap- tured terrorists. White House officials, at a June 22 news con- presidential power in our nation’s history. If Senate Democrats (and Republicans) are ference, sought to blame the OLC lawyers for These claims put President Bush literally not too cowed by Bush’s election victories to what Gonzales called their memo’s above the law, allowing him to imprison and do their jobs, the confirmation proceeding ‘‘overbroad’’ and ‘‘unnecessary’’ passages. even (at least in theory) torture anyone in for Gonzales will drag us more deeply than The Senate should now explore whether (as the world, at any time, for any reason that ever through the torture memos, Abu has been suggested to me) the OLC lawyers Bush associates with national security. Spe- Ghraib, the evidence of torture and killing of had only been following orders from the cifically: prisoners by U.S. forces in Afghanistan, and same White House officials who later ran for Gonzales played a central role in devel- all that. Will that be good for Gonzales? For cover. oping Bush’s claim of unlimited power to Bush? For the country? This is not to deny the difficulty of the seize suspected ‘‘enemy combatants’’—in- At the very least, Democrats should de- issues presented to Gonzales and his col- cluding American citizens—from the streets mand a full accounting of Gonzales’s role in leagues by the unprecedented magnitude of or homes of America or any other nation, for the development of these torture memos. the terrorist threat. Nor is it to deny the indefinite, incommunicado detention and in- And when Bush claims confidentiality, the need for judicious use of preventive deten- terrogation, without meaningful judicial re- answer should be: If you must cloak in se- tion and coercive interrogation techniques view or access to lawyers. crecy your counsel’s role in shaping your (short of torture) to prevent mass murders. He presided over the preparation of the own grandiose claims of power, then don’t But the torture memos are emblematic of a poorly drafted November 2001 Bush order es- ask us to confirm him. Bush White House that has consistently tablishing ‘‘military commissions’’ to try Here is a far-from-complete history of the failed to strike a wise balance between the suspected foreign terrorists for war crimes. torture memos, as reconstructed from anon- demands of security and of liberty. He signed the January 25, 2002, memo to ymous sources and news reports: Gonzales’s role in all of this appears to be the president arguing that the 1949 Geneva The CIA began using various forms of du- to tell Bush what Bush wants to hear. With Conventions offer no protection to any pris- ress to extract information from captured the dubious benefit of such advice, Bush has oners seized in Afghanistan; the memo dis- Qaeda leaders overseas in late 2001 and early not only shown little appreciation for civil missed some of the Geneva provisions as 2002. But agency officials were concerned liberties but also provoked a judicial and ‘‘quaint.’’ This memo signaled Bush’s that they might be prosecuted by some fu- international backlash that has hurt the war break—over vigorous objections from Sec- ture administration or independent counsel, on terrorism. Gonzales does have many fine retary of State Colin Powell—with the gen- and that the CIA itself might be attacked for qualities. But is this the attorney general we erous interpretation of the Geneva Conven- abusing its powers, as it was during the need? tions used under every president from Harry 1970s. So CIA Director George Tenet re- Truman through Bill Clinton. It also led to quested a legal memo assuring interrogators [From the Washington Times, Jan. 24, 2005] Bush’s refusal to provide the individual hear- and their superiors sweeping presidential ABU GHRAIB ACCOUNTABILITY ings required, both by Geneva and by Army protection from any future prosecution regulations, for the hundreds of alleged ‘‘un- under an anti-torture law that Congress had (By Nat Hentoff) lawful combatants’’ at his Guantanamo Bay adopted in 1994 to comply with the United Although there was considerable media prison camp. Nations Convention Against Torture and coverage of Alberto Gonzales’s confirmation He was the addressee of, and apparently Other Cruel, Inhuman, or Degrading Treat- hearing for attorney general, a look at the had a role in vetting, the August 1, 2002, Jus- ment or Punishment. full transcript still raises, for me, serious tice Department memo asserting that the The task was assigned to the Justice De- questions about his fitness to be our chief commander-in-chief has virtually unlimited partment’s Office of Legal Counsel. The law enforcement officer.

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.006 S02PT1 S846 CONGRESSIONAL RECORD — SENATE February 2, 2005 At the start, Mr. Gonzales told the sen- mine the accountability of high-level policy- the great honor of serving as the next ators and the rest of us: ‘‘I think it is impor- makers there. Attorney General of the United tant to stress at the outset that I am and As The Washington Post noted in a lead States—a job he is extremely qualified will remain deeply committed to ensuring editorial on Jan. 7, ‘‘The record of the past that the United States government complies few months suggests that the administration for and a job that I know he will per- with all of its legal obligations as it fights will neither hold any senior official account- form with honor and dignity. the war on terror, whether those obligations able nor change the policies that have pro- As the Nation’s chief law enforce- arise from domestic or international law. duced this shameful record.’’ Nor did the sen- ment officer, Alberto Gonzales will These obligations include, of course, hon- ators ask themselves about Stuart Taylor’s take the lessons from his positions as oring Geneva Conventions whenever they charge in the Jan. 8 National Journal that Counsel to the President, Texas Su- apply.’’ ‘‘Congress continues to abdicate its constitu- preme Court Justice, Texas Secretary Sen. Ted Kennedy asked the nominee if the tional responsibility to provide a legislative media reports were accurate that Mr. of State, and General Counsel to the framework’’ for the treatment of detainees. Governor and work to protect Ameri- Gonzales had chaired meetings that covered The White House strongly resists Congress’ specific ways to make detainees talk. For ex- involvement. cans from terrorism while protecting ample, having them feel they were about to ‘‘No longer,’’ Mr. Taylor insisted, ‘‘should our Constitutional rights. He will also be drowned or buried alive. Mr. Gonzales an- executive fiat determine such matters as work to reduce crime, reform the FBI, swered: ‘‘I have a recollection that we had how much evidence is necessary to detain and protect Americans from discrimi- some discussions in my office.’’ But, he said, such suspects (and) how long they can be nation. ‘‘it is not my job to decide which types of held without criminal charges.’’ As U.S. at- Alberto Gonzales has come a long methods of obtaining information from ter- torney general, will Mr. Gonzales move to re- way since his days growing up in Hum- rorists would be most effective. That job instate the constitutional separation of pow- falls to folks within the agencies.’’ ers to prevent further shame to the United ble, Texas. He has accomplished so So, ‘‘the agencies,’’ including the CIA, can States for the widespread abuses of detainees much, but he has never forgotten from do whatever they consider effective; and Mr. under the executive branch’s parallel legal where he came. He has been committed Gonzales suggests that he had no role as to system of which Alberto Gonzales was a to the Latino community throughout the lawfulness of those methods when he was principal architect? his career, and they have recognized counsel to the president, our commander in The PRESIDING OFFICER. The Sen- him for his community service and the chief? Should he not have told the president impact he has made. Today, many of that the Geneva Convention Against Torture ator from Nevada. and Other Cruel, Inhuman, or Degrading Mr. ENSIGN. Mr. President, I rise the largest national Latino organiza- Treatment or Punishment forbids ‘‘any act this morning to speak about a man tions are standing in staunch support by which severe pain or suffering, whether whose life and career embody prin- of his nomination and looking forward physical or mental, is intentionally inflicted ciples that are uniquely, and proudly, with great anticipation to the swear- on a person for such purposes as obtaining American. He is the grandson of immi- ing-in of the first Latino Attorney from him or a third person information or a grants who overcame language and cul- General for the United States. confession’’? And should he not have been in- tural barriers to carve out an existence For Alberto Gonzales, the march to- terested in trying to find out how many of through manual labor and faith. ward liberty and justice started in those detainees had been sufficiently screened when captured in order to indicate Through his commitment to education, Humble, TX, and continued through whether they actually were terrorists or sus- his firm belief in the law, and a dedica- many ambitious goals. Alberto pects or indiscriminately rounded up? tion to public service, he has risen to Gonzales has defied the odds and sur- Sen. Russ Feingold asked Mr. Gonzales the top of his profession and now seeks passed expectations time and time whether the president has ‘‘the authority to to serve his country at the highest again. His successes have created a authorize violations of the criminal law level. Mr. President, I rise this morn- foundation that will serve our Nation under duly enacted statutes (by Congress) ing to speak about Alberto Gonzales well and inspire a new generation to simply because he’s commander in chief.’’ Mr. Gonzales said: ‘‘To the extent that there and to urge bipartisan support for his aspire and conquer. is a decision made to ignore a statute, I con- confirmation as Attorney General of I urge my colleagues to join me as we sider that a very significant decision, and the United States. continue the march toward liberty and one that I would personally be involved with Alberto Gonzales’s qualifications justice by voting to confirm Alberto . . . with a great deal of care and serious- speak for themselves. He is a graduate Gonzales as the next Attorney General ness.’’ ‘‘Well,’’ Mr. Feingold said, ‘‘that of Harvard Law. He served as Secretary of the United States. sounds to me like the president still remains of State for the State of Texas and as The PRESIDING OFFICER. The Sen- above the law.’’ When Mr. Kennedy asked the a justice on Texas’ Supreme Court be- ator from Alabama. same question, Mr. Gonzales said it was ‘‘a fore being named White House Counsel Mr. SESSIONS. Mr. President, I very, very difficult question.’’ So, what does he believe about the separation of powers? by President Bush in 2001. Mr. Gonzales thank the Senator from Nevada for his Another question from Mr. Kennedy: ‘‘Do was recently inducted into the His- fine comments about Judge Gonzales. you believe that targeting persons based on panic Scholarship Fund Alumni Hall of We have gotten to know Judge their religion or national origin rather than Fame and has been honored with the Gonzales over the years. He is a good specific suspicion or connection with ter- Good Neighbor Award from the United and decent man, a fine lawyer who re- rorist organizations is an effective way of States-Mexico Chamber of Commerce. spects the rule of law, who is proud to fighting terrorism? And can we get interest Henry Cisneros, the former Secretary be an American. He wants to see our from you [that[, as attorney general, you’d of Housing and Urban Development, country strong and free. He led the ef- review the so-called anti-terrorism programs that have an inordinate and unfair impact on calls Alberto Gonzales a person of ster- fort in the fight against terrorism. He Arab and Muslim?’’ Mr. Gonzales responded: ling character and says that Mr. did the things we wanted him to do. ‘‘I will commit to you that I will review it. Gonzales’s confirmation by this body He has a background that excites our As to whether or not it’s effective will de- will be part of America’s steady march pride. We are pleased to see how much pend on the outcome of my review.’’ But Mr. toward liberty and justice for all. he has achieved. He went to Harvard Gonzales didn’t answer the first crucial part It is a march that, for Alberto and was hired by one of America’s of the question: Is targeting people based on Gonzales, started in a two-bedroom great law firms. He served the Gov- religion, without specific suspicion, effec- house shared by ten people with no hot ernor of Texas, was a judge in Texas— tive? And, I would add, isn’t it broadly dis- criminatory? running water or telephone. But what and all of his credential are wonderful. Asked by Sen. Patrick Leahy about in- Alberto Gonzales and his family lacked We know he is a good, decent, honor- creasing reports of abuse of detainees in Iraq in comfort they made up for in vision able, and honest man. and Guantanamo Bay, Mr. Gonzales said: ‘‘I and hard work. If you listen to the comments made categorically condemn the conduct that we Alberto was the first person in his here today, by some Democrats, about see reflected in these pictures at Abu Ghraib. family to go to college. He served in him, you would not recognize the man ‘‘I would refer you to the eight complete the United States Air Force and at- we know. investigations of what happened at Abu It is not right. What has been done Ghraib and Guantanamo Bay, and there are tended the United States Air Force still three ongoing,’’ he added. But none of Academy. here is wrong. the investigations have gone so far up the But Alberto Gonzales is about more If you have a disagreement with the chain of command as the Defense Depart- than an impressive re´sume´. Each expe- policy of the President of the United ment and the Justice Department to deter- rience in his life has prepared him for States, OK, we will talk about it and

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.010 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S847 we will see what the differences are. He suggested that, I guess, on behalf ought to ask ourselves, has this Con- But it is not right to demean and of the President, and they rewrote it. gress stated any position on terrorism? mischaracterize the nature of Judge They constricted the issues they dis- What did they say? Gonzales. I feel strongly about that. cussed. They didn’t speculate on what I remember not too many months I served in the Department of Justice the ultimate powers of the President ago when Attorney General John for 15 years. I would like to share a few might be. They did that less in the sec- Ashcroft was before the Judiciary Com- thoughts to give us some perspective ond memorandum than they did in the mittee. They were bombarding him about the role Judge Gonzales has first. with the allegations that he was re- played. That is how this came about. It was sponsible for Abu Ghraib, he was re- Judge Gonzales was legal counsel to their opinion, not his. They say he cir- sponsible for any misbehavior through- the President. He was the President’s culated it. Well, do you want him to out our entire command, and that he lawyer. Of course, everyone who is a circulate his personal views? Do you had approved torture, and they quoted lawyer—I am a lawyer and a good num- want him to circulate some politician’s things they said he approved. In frus- ber in this body are lawyers—knows views? Or do you want him to circulate tration, Attorney General Ashcroft, that lawyers protect the legal preroga- the duly drafted opinion of the Office looking at his former colleagues, said tives of their clients. You do not want of Legal Counsel of the U.S. Depart- ‘‘Well, the problem I have with you, to in memorandum and public state- ment of Justice which researched our Senator, is, it is not my definition of ments make statements that constrict history, the treaties, the Constitution, torture that counts. It’s the one you the ultimate power of the institution and the court cases of the United enacted into law.’’ of the Presidency of the United States. States? Do you know we have a law that de- That is a fundamental thing. That is We need to get our mind in the right fines torture and sets forth what it what you have to do. That is what you perspective and remember the cir- amounts to and how it should be de- are there for. cumstances we are operating under. I fined? It is that definition that was When 9/11 happened and we were will repeat, Judge Gonzales has never made a part of the OLC, Office of Legal taken aback by the viciousness of the supported torture. We have Members Counsel memorandum, and it is that attacks, we were worried, rightly, that who have said Judge Gonzales advised memorandum and that language our throughout this country there would be the President of the United States that colleagues across the aisle are com- terrorist cells continuing to plot as torture was acceptable. That is false, plaining about, and some of them were they were perhaps in Arizona, or in inaccurate, and wrong. Anyone who here when that statute passed and they other places, as we have learned. We said that ought to apologize for it. Do voted for it. wanted to be sure we were defending we have no sense of responsibility in Let’s take a look at that. This stat- this country well. We had to make what we say? Are we irresponsible, that ute, part of the United States Code, some decisions. we can attack this fine man, a son of says: We went after al-Qaida in Afghani- immigrants who worked his way up stan. A lot of legal questions arose. through the entire legal system to be Torture means an act specifically intended I serve on the Judiciary Committee. to inflict severe physical or mental pain or now nominated to that great office of suffering upon another person. Severe men- We had hearing after hearing regarding Attorney General of the United States? tal pain or suffering means the prolonged these issues. He deserves a fair shake. He has not mental harm caused by or resulting from the Let me tell you what I think Judge been getting it. intentional infliction or threatened inflic- Gonzales did not do. Not I think; I They say he abandoned the rule of tion of severe physical pain or suffering. The know he did not do. He did not approve law. He did not do that. He sought a threat of imminent death or the threat that of torture. He has always steadfastly legal opinion from the duly constituted another person will imminently be subjected opposed it. His position has consist- Office of Legal Counsel which is sup- to death, severe physical pain or suffering, or ently been that we comply with the the administration or application of mind-al- posed to render those opinions. He dis- tering substances or procedures calculated to laws of the United States and our trea- seminated those opinions and now they disrupt profoundly the senses or personality. ty obligations. I will talk about that in blame him for it. It is not the right These words were used—and I know a minute. thing to do. As President Bush said on the Presiding Officer is a skilled JAG But that was not his call at that more than one occasion, but on the eve officer from South Carolina—those point in time. He did not privately tell of the G–8 summit in June of last year: were the words discussed in the OLC the President, or call up the Secretary The authorization I issued was that any- of Defense, or call the guard at Abu thing we did would conform with United memorandum. They used those kinds Ghraib and say torture these prisoners. States law and would be consistent with of words. The same kind of words He sought a formal legal opinion con- international treaty obligations. passed by a number of Democrat Mem- cerning the powers and responsibilities That has been the position. In a let- bers in this body. The authors of the of the President of the United States as ter to Senator LEAHY, Assistant Attor- OLC memo simply discussed the mean- a lawyer for the President. He made ney General Will Moschella in the leg- ing of these words passed by the Con- that request of the Office of Legal islative affairs division of the Justice gress. Now some are arguing that be- Counsel, a senatorial-confirmed posi- Department rejected categorically cause of this memo we approve these tion of the U.S. Department of Justice, ‘‘any suggestion that the Department horrible things. a position that is given the responsi- of Justice has participated in devel- I suppose a person could misinterpret bility to opine on matters of this kind. oping policies that would permit un- deliberately some of that and carry out They are not to set policy. They are lawful conduct.’’ things that are not legitimate. I sup- not to say what torture is other than In a special piece submitted to USA pose some of these things would be le- what the law says. They do not express Today, Judge Gonzales, in his capacity gitimate. We said they were when we their own views. But he asked them then as White House Counsel, stated passed the statute, or at least we did what the legal responsibilities and ‘‘in all aspects of our Nation’s war on not prohibit them when we passed the powers of the President were. They re- terror, including the conflict in Iraq, it statute. searched the law. They sent back a is the policy of the United States to Who defines torture? The Office of memo. That is the memo being com- comply with the governing laws and Legal Counsel? Judge Gonzales? The plained of, a memo not written by treaty obligations.’’ I will talk more President of the United States? Or the Judge Gonzales, a memo written by the about that because it is important le- U.S. Congress? We have enacted a defi- Office of Legal Counsel of the U.S. De- gally to understand what has been oc- nition of torture, the one I just read. It partment of Justice and their staff curring. might offend some people, but as it is, that worked on it at some great length. We as a nation do not approve of tor- that is the definition of torture, I sub- We have had complaints about it. ture. We reject it. We prosecute and mit, and I don’t see how it can be dis- Judge Gonzales later on said: There discipline those who are participating puted. have been complaints about this in it or carry it out and we have been We did have activities that occurred. memorandum. You need to redo it. committed to that as a country. We This memorandum fundamentally was

VerDate Aug 04 2004 00:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.029 S02PT1 S848 CONGRESSIONAL RECORD — SENATE February 2, 2005 advice to the President on what his ul- was a battle to the death. We are fac- in trying to ensure that our behavior is timate powers were. But the Presi- ing an enemy unlike enemies we have good. We have prosecuted people at dent’s orders, the policies of the U.S. faced before. They are a ferocious, sui- Abu Ghraib. We have disciplined a lot military, were much more constrained cidal, murderous, sneaky bunch that of people in Iraq and Afghanistan who than possibly would have been allowed for most of them, hopefully not all, but have exceeded their authority. In the under this statutory definition. Not for most of them they simply have to course of furthering our intense war that the President ultimately did not be defeated, they have to be captured, against terrorism, we have tried to have that power. But we have not uti- they have to be killed, they have to be maintain control over our decency and lized that power or approved it. In fact, restrained because they will not stop. our morality. I do not think Members we have disciplined people who have If we are successful in doing that, I be- of this body should be suggesting that not followed those rules and regula- lieve the glory that some of these ter- we do not or that it is our policy to tions. rorists have attained will be dimin- violate international law or the rights First, it is always going to be the ished, and it will be seen that they rep- under our own statutes concerning tor- President’s fault, during an election resent a small, backward, insular, vio- ture and other rules. year. Then it was Secretary Rumsfeld, lent mentality, not conducive to I heard it pointed out we all have and then Condoleezza Rice. At some progress, peace, and democracy in the things that do not work out right in point they decided to quit blaming Sec- Middle East or anyplace else in the our lives. We do things we thought retary of State Rice during her con- world. were right at the time and justified firmation proceedings and start blam- I think we are going to make them, and they maybe turn out to be ing it all on Judge Gonzales. So now we progress on that. We need to hold our wrong. Nobody who ever comes before have been through the President, the standards high. I certainly agree with this body for confirmation is perfect. I Secretary of State, National Security that. But war is a difficult thing. Peo- know my colleague, Senator DURBIN, Adviser, the Secretary of Defense, and ple do make mistakes. We have abuses has stated that Judge Gonzales is no now we are down on Judge Gonzales. It in the Federal prison systems and in Robert Kennedy. And they are different is all his fault. Now he cannot be con- State prison systems. Senator KEN- people in different times. Robert Ken- firmed because somebody at Abu NEDY and I offered legislation to pro- nedy was appointed Attorney General Ghraib violated policy. They have been hibit sexual abuse in prisons by guards by his brother. How much closer can tried. Some have already been con- and prisoners, and to investigate it, to you be than that? But we now know victed. They have been removed from identify it, and stop it. But we know we from many of the histories that have office. have abuses in our prisons, and we need been written that on a number of occa- We had the situation—do you remem- attention from the top and discipline sions Robert Kennedy, as Attorney ber it?—when a full colonel in the from the top. General, clearly violated the legal and Army, in the heat of battle, concerned I will note a recent article about Abu constitutional rights of people he was for the safety of his troops, fired a gun Ghraib. Soldiers were interviewed in a investigating for criminal activities. I near the head of an Iraqi terrorist to Washington Post article, and they all do not think that is disputed. induce him to give information that said this was unacceptable behavior; it Well, let me tell you, what would would protect the lives of his soldiers. should have never occurred. It is clear have happened if that had been true of And we drummed him out of the serv- that the soldiers who are there today Judge Gonzales? How far would he get ice for it long before a lot of this hap- fully understand their responsibilities along in this process? He would not get pened. to treat these people humanely, and to first base. Remember, it was the military that that they will do so. I would say this: Judge Gonzales was brought forth the abuses at Abu I want to mention one more thing at the right hand of the President of Ghraib. They recognized that some had about some of the details of this issue. the United States when we were delib- violated the laws of the United States First, I think it is indisputable that al- erately attacked by an al-Qaida organi- and that those activities should not be Qaida and such terrorists who are zation that had announced they were allowed. They have disciplined people about and loose in the world today do at war with the United States, that systematically since. They are con- not qualify under the Geneva Conven- they were authorized and empowered, tinuing to do so. If anybody higher up tions. They simply are not covered by and it was legitimate for them to at- is implicated, these lower guys are it because they are not the kind of law- tack and murder civilians of the United going to tell about it. They are going ful combatants the Geneva Conven- States. We needed to respond to that. to pursue that, I have absolute con- tions protect. We did not need the legitimate power fidence. And we will pursue that. Now, the President says we are going of the President to be constrained by But I think it is unhealthy for our to treat them humanely in any case, some politically correct memorandum, country, dangerous to our troops, un- and we are going to treat them fairly. a memorandum that he requested from dermining of our mission to suggest In many instances he says we are going the Department of Justice, which was that it was the policy of the U.S. Gov- to provide them the protections of the written by them and which represented ernment to do this. How can that help Geneva Conventions even though they a statement of policy of the United us gain respect in the world when Sen- are not entitled to them. States with regard to the powers of the ators in this body allege that the Presi- For example, it is the position of the Presidency and those in the military. dent’s own counsel is approving what White House that no detainee should be I think, all in all—there have been went on in Abu Ghraib, that his poli- subjected to sleep deprivation. Now, I bumps in the road—but, all in all, our cies legitimized what was going on in think under the torture statutes, sleep Government, from the President Abu Ghraib? I do not believe that is deprivation, at least to some degree, throughout the executive branch, in- true. It is not true. We should not be would not qualify as a severe kind of cluding the military, has done its best saying it. We had a big enough, bad pain or the psychological impairments to fight this vicious, despicable, vio- enough problem in Abu Ghraib. It was that were referred to in the statute lent enemy, an enemy that does not an embarrassment to us. We were pain- Congress passed defining torture. But meet the standards of a lawful combat- fully hurt by it. And it should not have the President said that we would not ant but is clearly, in fact, unlawful occurred. But I will say, with con- deprive them of sleep anyway. Nor combatants not entitled to the protec- fidence, that Judge Gonzales does not should they be deprived of food and tions of the Geneva Conventions. We bear the blame for that. water during any period of interroga- have treated them humanely, with a Discipline in war is hard to maintain. tion. Soldiers and interrogators were number of exceptions for which dis- I mentioned the example of how a high- even prohibited from the act of point- cipline has been applied. And we have ly decorated colonel was removed from ing a finger at the chest of a detainee. striven in every way possible to tight- the service for his failure of discipline, That was declared an unacceptable en up since the beginning of this war even in a tough time. I remember back technique by Secretary of Defense our discipline with regard to our sol- in the Pacific, in those island cam- Rumsfeld 2 years ago, January 15, 2003. diers and our policies to make sure we paigns, neither side took prisoners. It Well, we have gone a pretty good ways have the least possible errors that

VerDate Aug 04 2004 00:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.031 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S849 would occur in this process of fighting I would make clear this basic fact—it as a member of the U.S. Army, will this war on terrorism. I believe that is so basic we often don’t think about carry their arms openly. They will deeply. it—this group al-Qaida has declared have a distinctive uniform, and they Soldiers have placed their lives at war on the United States. Not only will carry their arms openly, evidence risk. They have placed the lives of have they declared it in a traditional of the fact that they are soldiers. This their associates and comrades at risk, lawful manner of nation states that is important for a lot of reasons. adhering to the highest ideals of Amer- they have done over the years, at least One reason is that the people who are ican values of life. They have not quasi-lawful; they have done it as a fighting against our soldiers are sup- pulled triggers, subjecting themselves group of unlawful combatants, and posed to direct their fire at soldiers, to risk, because they were not sure. they have done it in a way that is not not innocent civilians. So if they are They have held back and shown re- justified under the Geneva Conventions wearing a uniform and carrying their straint time and time again. That has or international law of any kind, arms openly, they know the target at not been sufficiently appreciated. We shape, or form. When our soldiers go which they are firing. The whole goal have spent almost all of our time hav- out and they are engaging al-Qaida, of the Geneva Conventions is to elimi- ing Members of the Congress attack they don’t give them a trial. They nate the loss of life of innocent people and blame the whole Government for don’t read them their Miranda rights. and to minimize loss of life in general failures in these hostilities of a few. They don’t sit down and see what they and minimize the horror of war as I believe Judge Gonzales is not the can do to ask them if they would much as possible. person to blame for all this. I do not change their heart. They shoot them. If they are to be considered as one believe the Counsel to the President is We are at war with them. They are a who has the protections of the Geneva responsible for Abu Ghraib. He is not hostile enemy, and we do that. responsible for an opinion written by When you capture a hostile enemy Conventions, they must be conducting an independent agency of the Govern- who a few moments before, you could their operations in accordance with the ment, legally empowered and directed have killed lawfully as a soldier of the laws and customs of war. Sneaking by this Congress to write it. United States executing the policy of around, hijacking airplanes, flying He is a good man, a decent man, a the United States against a person who them into buildings, putting explosive man we have seen up close and per- has declared war against you and has devices under vehicles, throwing them sonal for quite a number of years. I publicly stated they are justified in at people in line to vote—those actions find in him the highest standards of killing innocent American civilians, are not consistent with the laws and Americanism and decency. He is a su- men, women and children, if you can do customs of war, for Heaven’s sake. perb lawyer. He has had a ringside seat that, if you capture them, they don’t So there is no doubt whatsoever in on how the Justice Department works then become entitled to every right my view that al-Qaida and the terrorist without being a part of it. It will allow that an American citizen has when he groups who do not wear uniforms, who him to move into it with a fresh look is tried in the U.S. district court for go around bombing innocent people, and be able to do good things. tax evasion or bank robbery or drug are not acting according to the rules of I believe strongly he should be con- dealing. It is not the same. Everybody war, who do not wear a uniform, who firmed. I am disappointed in the nature knows that, if they have given any are not carrying their arms openly— of the attacks put on him. I believe thought to war and treaties over the they do not qualify for the protections they have been unfair and do not do years. of the Geneva Conventions. No counsel justice to his character and the effec- What is a controlling authority with to the President, no counsel in the U.S. tiveness of his service. regard to international agreements? It Department of Justice should render It is a pleasure to speak on behalf of is the Geneva Convention. There have an opinion that says otherwise. this fine American. He will make a been a series of them. They have been The President can say: We are going great Attorney General. I look forward amended over the years. The most per- to give the protections, anyway, which to his confirmation and all of us work- tinent one in this area is the Third Ge- he has done, and we are going to treat ing with him. neva Convention. This is in addition to the people in Iraq according—I think I yield the floor and suggest the ab- the original Convention. he said we will treat them according to sence of a quorum. It provides strict requirements—four, the Geneva Conventions. I do not think The PRESIDING OFFICER (Ms. MUR- to be exact—that must be fulfilled by we said that explicitly with regard to KOWSKI). The clerk will call the roll. an individual should he seek the pro- Afghanistan and al-Qaida, but these The bill clerk proceeded to call the tections afforded by the treaty. Iraqi guys who sneak around and bomb roll. In other words, everybody is not enti- are not much different to me. We have Mr. SESSIONS. Madam President, I tled to protection under the treaty. ask unanimous consent that the order provided more protections, I would say You have to do certain things, and you with absolute certainty, than inter- for the quorum call be rescinded. have to be what we have come to refer The PRESIDING OFFICER. Without national law or U.S. statutes provide. to as a lawful combatant. Al-Qaida is not a nation state. It has objection, it is so ordered. What are those requirements? He not signed the treaties of the Geneva Mr. SESSIONS. Madam President, I must be commanded by a person re- Convention. Members of al-Qaida have believe it is important that we discuss sponsible for his subordinates. He no uniforms or distinctive signs. Al- more carefully what our responsibil- should have a chain of command. He ities are as a nation under the Geneva cannot be a single murdering bomber Qaida has declared war on us, however, Conventions. We have had a lot of and claim he is a lawful combatant, and they are quite capable through things said here, smeared over, slopped having no authority in a chain of com- their sneaky, devious, murderous ac- over, vague allegations of misconduct mand and not acting on orders from tivities of sneaking into our country on behalf of this President and our some lawful entity. and killing Americans right now. If country. Our soldiers are out fighting No. 2: He must, the exact words are, they are able to do so, they will. for us. We need to understand what it have a ‘‘fixed, distinctive sign rec- One reason they have not been able is. ognizable at a distance.’’ What does to do so is because we have been hunt- They have alleged repeatedly that all that mean? It means you wear a uni- ing them down with the finest military this is in violation of the Geneva Con- form, basically. That is what it has al- the world has ever known, that is using ventions, all this amounts to torture. I ways meant traditionally. So if you discipline, humanity, and the proper previously have gone into some depth catch somebody in your country sneak- execution of violence against these about what the congressional act was ing around not in uniform, they are people. That is just the way it is. We that prohibited torture and how this spies, and they are hung. That is what have gone after them. We have put Congress defined torture and what it happened historically. The Geneva them on the run. If they could have at- meant. It does not mean someone can’t Convention never changed that fun- tacked us in our election, if they could be deprived of some sleep or have an in- damentally. have attacked us any time since 9/11, I terrogator raise his voice during ques- Carrying arms openly—the treaty submit they would have. We have had tioning. That is not torture. considers that lawful combatants, such an Attorney General, John Ashcroft,

VerDate Aug 04 2004 00:55 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.033 S02PT1 S850 CONGRESSIONAL RECORD — SENATE February 2, 2005 who utilized the powers and laws pro- get the truth, direct, clear, understand- limited role that the judiciary plays in vided to this country and our leader- able, and unvarnished. That is what it our unique system of government. ship to go after them. is all about. Additionally, Judge Gonzales advised These people are entitled to certain The obfuscation of the truth some- then-Governor Bush as his chief coun- rights, but not the same rights that times finds its way to the Senate floor, sel in Texas. Judge Gonzales served exist for an American citizen. They and my guess is that it is finding its there as both a secretary of state and represent a different kind of threat. way to the Senate floor in the debate chief elections officer of that great They are unlawful combatants. They on the nomination of Alberto Gonzales. State. Furthermore, Judge Gonzales are an unlawful enemy which rejects I rise in support of the nomination of had a successful career in the private and despises law. They reject our Con- Alberto Gonzales to be our next Attor- legal sector prior to entering public stitution. They reject democracy. They ney General. It seems to me that some service. What combination do we need see it as a threat. They want to rule of our colleagues are interested in not to get the very best top cop in the their people according to their narrow the true man and his qualifications but country? He has not only a keen legal definition of law. They want to oppress more in what they perceive to be the mind but is one who has had adminis- women. They do not want progress. politics and the policies of this admin- trative experience, one who has worked They do not want freedom. They do not istration. with large systems of government and want the things the whole world needs. In the last Congress, I had the privi- one who knows the limit of the law and And those societies and that kind of lege of serving as a member of the Sen- the limit and the capacity of the posi- mentality are what cause wars, not de- ate Judiciary Committee and I wit- tion in which he is now being asked to mocracies. nessed this tactic used against judicial serve. I feel strongly about this. It is impor- nominees time and time again, a tactic Finally, Judge Gonzales has led a life tant for us to be clear: We as a nation of equating a lawyer’s performance as filled with many other activities and do not support, justify, or condone tor- legal counsel with his likely perform- honors that helped to prepare him to ture. We are disciplining people who ance to the very different role of being be an outstanding Attorney General, have done so. We are putting people in a judge. We saw that argued time and and I will name just a few of them. jail who have done so. Guardsmen who time again for a political purpose, not Judge Gonzales served his country as a came out of our communities, went to a reasonable analysis of the character member of the U.S. Air Force from 1973 Iraq, worked midnight to 6 a.m., were of the individual and how he or she to 1975. He was also elected to the away from home, lost their discipline might perform in the new role in which American Law Institute in 1999 and he and conducted themselves in ways that they were being asked to participate. served on the board of trustees of the brought disrepute on the United States Likewise, in this debate some have Texas Bar Foundation for several years and violated our rules and standards of argued we should evaluate Judge and as the president of the Houston the military are being tried and con- Gonzales’s fitness for the post of Attor- Hispanic Bar Association from 1990 to victed and put in jail, as they should ney General, the Nation’s top cop, 1991. Later in 1999, Judge Gonzales was be. It is sad we see that happen, and I based on a politically driven examina- chosen as the Latino Lawyer of the know we will continue to punish those tion of his work product as the Presi- Year by the Hispanic National Bar As- who violate our standards. As a result dent’s Counsel. I urge my colleagues to sociation. of those prosecutions and those ac- abandon that tactic, reject that argu- As a number of my colleagues have tions, our military will show even ment, and look at the lifetime achieve- pointed out, when Judge Gonzales is greater discipline. ment of the nominee if my colleagues confirmed, he will be this great Na- I see the Senator from Idaho in the truly want to understand who Judge tion’s first Hispanic Attorney General. Chamber. I am sure he wishes to speak. Gonzales is and what he is qualified to Through all of this, Judge Gonzales has I want to yield to him because I respect do in the role he is now being asked to found time to help the less fortunate of his insight on these matters. play by our President. our country. He served on the board of I will say, I am disappointed—deeply I feel strongly that the Senate should directors of the United Way of the disappointed—in the unfair attacks vote to confirm this man. I had the Texas Gulf Coast, and finally in 1997 he that have been placed on Judge privilege of getting to know Judge received the Presidential Citation from Gonzales. He is being blamed for every Gonzales and work with him firsthand the State Bar of Texas for his work in single thing about which people have while I served on the Judiciary Com- addressing the legal needs of indigent complaints in the war against ter- mittee and in a variety of other set- citizens. rorism. They are saying he is respon- tings. Clearly, Alberto Gonzales is an ac- sible for everything that may have First, Judge Gonzales’s past experi- complished practitioner of the law and gone wrong, some of which was wrong, ences have prepared him for the posi- he is unquestionably qualified to be our some of which probably was not wrong, tion to serve honorably in that posi- Nation’s No. 1 law enforcement officer. but is being characterized as wrong. It tion, in my opinion, without question. The second reason I support Judge is not right. He was counsel to the As Counsel to the President, he has Gonzales, and the nomination that we President. He did his duty. He sought been instrumental in coordinating our are arguing in his behalf today, is the the opinion from the proper people to Nation’s law enforcement in the man himself and his views on issues give legal opinions on terrorism and heightened security environment. Fol- facing our country and what our coun- war, and he conducted himself con- lowing 9/11, as Senator SESSIONS has try needs and what his role is. He is sistent with those principles. He stead- just referred to, while serving as Coun- very realistic, honest, and straight- fastly and continuously has condemned sel to the President, Judge Gonzales forward about it. torture. He should be confirmed. paid particular attention to protecting In the last Congress when I served on I yield the floor. our Nation from terrorism, while not the Judiciary Committee, I partici- The PRESIDING OFFICER. The Sen- forgetting the importance of doing so pated in debates on many of these ator from Idaho. under the Constitution, in order to issues that we see reignited by this The PRESIDING OFFICER. The Sen- safeguard our rights as free citizens. nomination. Those experiences con- ator from Idaho. Also, President Bush has acknowl- vinced me that Judge Gonzales has the Mr. CRAIG. Madam President, I asso- edged the great help Judge Gonzales necessary outlook to protecting our ciate myself with the remarks of the has been to him in helping to select the country from all of those who would do Senator from Alabama. Over the last best nominees for our Federal courts us and our citizens harm. several years, I have had the privilege during the past few years. Before serv- I will talk a little bit about his views of serving with Senator SESSIONS on ing as White House Counsel, Judge on some of these important issues re- the Judiciary Committee. I have Gonzales was distinguished as a justice garding the war on terror. Judge gained such phenomenal respect for his of the supreme court of the State of Gonzales recognized that after the at- keen intellect and bright legal mind. Texas, at which time he was known as tacks of September 11, the United When one listens to him, as those who a careful jurist who was opposed to ju- States was at war, a new and unique might be watching today have, they dicial activism and who recognized the and different kind of war that we had

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.037 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S851 never experienced before. As Senator Mr. LEAHY. Madam President, I am George W. Bush took this oath on SESSIONS said, a war of ideas but a war only going to take a few moments. I January 20, 2001, and again a few days of violence, a war in which al-Qaida have colleagues on this side of the aisle ago on January 20, 2005. His over- was the enemy but in a way that we who wish to speak during the hour. arching responsibility is to preserve, had never experienced before. It was a I hear so many of the statements on protect, and defend the Constitution. unique and different legal paradigm in the other side speak of Judge In order to protect, preserve, and de- which Judge Gonzales found himself, Gonzales’s personality, his upbringing, fend the Constitution, you must under- dealing with terrorists and not recog- and his inspirational life story. If we stand what it says. As such, a Presi- nizing them merely as criminals. were just voting on his personality, his dent must rely on the advice of his That is why we had to change the upbringing, and his life story, I would legal counsel. character of some of our laws. We do vote for him with wholehearted sup- Alberto Gonzales has served as Presi- not wait until after the fact and go out port. However, we are not voting on the dent Bush’s legal counsel since 2001. In and collect the evidence and decide life, we are voting on the record. It is this capacity, he has provided advice to who may or may not have caused the an enormous difference. Equally impor- him that, in my view, ignores both the violence or perpetrated a crime. It is tant, we are not voting on an Attorney letter and spirit of the Constitution too late then, and we all know it is too General to serve only the President, we and the President’s critical responsi- late. We act before, and we act deci- are voting on the Attorney General for bility to preserve, protect, and defend sively, as our President did. the United States. it. Through his advice, he has set in Judge Gonzales advised our President So many of the supporters of Judge motion policies that have harmed our in that, and the constitutional con- Gonzales have said that they abhor the interests at home and abroad. sequences, and how we work our way idea of torture. They say that they be- Our Nation was founded by men and through and the reasonable nature and lieve the Bybee memo was wrong. They women fleeing severe political and reli- character of protecting human rights say that these policies are wrong. gious persecution. Wary of authori- Of course they are wrong, but these and being fair and responsible, while tarian government or religious leaders, are the policies that were held in place all the time recognizing we were deal- they created a nation by and for the by the administration for as long as ing with an enemy who in no way people, a nation committed to the rule they remained secret. The Bybee memo would deal that way or comprehend of law and the notion that every person was sought by Judge Gonzales. It was that they had any responsibility to has certain inalienable rights. Our agreed to by him. He apparently still deal with us as we might deal with Founding Fathers very deliberately did takes the position that there are cir- them. not create a new monarchy. They did cumstances where the President of the Judge Gonzales has also worked to not crown a king. Instead, they created United States is above the law. ensure that those detained in war as a new system of government that re- I don’t want someone to serve as At- terrorists were treated humanely. lied on the rule of law that was agreed torney General who will be a good sol- While that allegation goes forth today, upon by representatives of the people. dier for the President. I would have working to keep the principles of the As article VI of the Constitution said the same thing, whether it was a Geneva Convention were clearly under- states so eloquently: stood and all of that was well sought Democratic President or Republican President. I want someone for Attor- This Constitution, and the Laws of the after. United States which shall be made in Pursu- My time is about up. My colleagues ney General who will be independent, ance thereof, and all Treaties made, or which on the other side have gathered to who will give the best possible advice shall be made, under the Authority of the speak to this nomination. and protect the rights of all of Ameri- United States, shall be the supreme Law of In closing, I support Judge Alberto cans. the Land. . . . Gonzales’s nomination to be our next I am the parent of a former Marine. The Constitution is the supreme law, Attorney General because of his life- My son has now fulfilled his duty for not the word of the President. I would time of hard work and his accomplish- the Marines, but if he were serving, I also emphasize the language here in- ments. There is no question this man is would worry for him as I worry for all cludes all treaties, including the Gene- qualified. That really is not the debate the thousands of men and women serv- va Conventions and the Convention today. Others are trying to divert us ing overseas. The torture policies of Against Torture. off into a debate of policy or a debate this administration did nothing to en- They are not extrajudicial. They are of issues well beyond the character of hance the security of our Americans part of the Constitution. They are part the man and his ability to serve in the fighting bravely. In fact, the policies of the responsibility of all of us to de- role that this President has cast him put soldiers and civilians in greater fend. into as nominee for Attorney General danger. In the United States of America, the The truth is that the Bybee memo of the United States. Constitution, our Federal laws and our was disavowed only when the press I believe he will be confirmed, and I treaty obligations are the means by found out about it. Unfortunately, the believe he will serve honorably in that which we as a people, in this grand ex- people at the center of the develop- position. I strongly support this nomi- periment we call democracy, have ment of these policies, who could have nation. I ask my colleagues to step be- agreed to rule ourselves. disavowed the memo upon its publica- yond the politics of the day, look at The President, all Senators, all Rep- tion, who could have stopped it, includ- the reality of who we place in these resentatives, the members of our state ing Judge Gonzales, did nothing. key roles of Government to be effective legislatures, and all executive and judi- I see the distinguished Senator from administrators on behalf of all of the cial officers, both of the United States Louisiana and the distinguished Sen- people, to be an Attorney General that and the individual states, are bound by ator from Rhode Island. I don’t know is fair, who understands the role of the an oath to support our Constitution. which one seeks recognition, but I Constitution and the boundaries we This oath to defend and support our yield the floor. Constitution was also taken by Judge placed on law enforcement and the The PRESIDING OFFICER. The Sen- Gonzales in his current position as legal community in the character of ator from Rhode Island. building and sustaining a civil society Mr. REED. Madam President, every 4 counsel to the President. of the kind that we as Americans have years an individual chosen by the Now, Judge Gonzales is being consid- come to know and appreciate, and that American people steps forward to as- ered to serve as the Attorney General which we would hope the rest of the sume the awesome responsibilities as of the United States, the chief law en- world can understand. President of the United States. His forcement officer of the United States. Judge Gonzales understands it. Judge first act is to take this oath: It is Judge Gonzales’s failure to de- fend and support our Constitution, our Gonzales will make a great Attorney I do solemnly swear that I will faithfully General. I support him strongly. execute the office of the President of the federal laws, and our treaty obligations I yield the floor. United States and I will, to the best of my that leads me to believe he does not The PRESIDING OFFICER. The Sen- ability, preserve, protect, and defend the have the wisdom or judgment to be our ator from Vermont. Constitution of the United States. next Attorney General.

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.039 S02PT1 S852 CONGRESSIONAL RECORD — SENATE February 2, 2005 Our Nation’s Attorney General must terms which may pass muster in the corporating them as part of our legal ensure that no person is above the contemplative chambers of a judge but system. law—including the President of the fails miserably in the crucible of war. The War Crimes Act, passed by Con- United States—and that no person is This advice was a disservice to the men gress and signed by the President in outside the law, whether that person is and women of the Armed Forces. 1996, makes ‘‘a grave breach’’ of the Ge- deemed an enemy combatant, or held It is clear that as White House coun- neva Conventions a crime punishable outside the United States. sel, Judge Gonzales has been one of the by prison and even the death penalty. Judge Gonzales’s record does not jus- architect’s of the Administration’s Adding to this legal structure, the tify such an appointment. post 9/11 policies. In particular, he has United States ratified the United Na- I recognize that much of the advice helped craft or agreed to policies re- tion’s International Covenant on Civil that Judge Gonzales gave was in the garding the treatment of individuals and Political Rights in 1992. The ICCPR aftermath of the attacks of 9/11 and the captured and detained in the wars in prohibits arbitrary detention and emergence of the al-Qaida network as a Afghanistan and Iraq. These policies ‘‘cruel, inhuman or degrading treat- grievous threat to the United States. have denied detainees the protections ment.’’ The United States notified the Small terrorist cells dispersed world- of the Geneva Conventions, permitted UN that it interprets ‘‘cruel, inhuman wide and committed to suicide attacks them to be interrogated under a dra- or degrading treatment or punish- producing mass casualties represented matically narrowed definition of tor- ment’’ to mean cruel and unusual a new and disturbing threat to our ture, and denied them access to counsel treatment or punishment prohibited by country. The possibility that al-Qaida or judicial review. the First, Eighth and/or Fourteenth or other terrorist cells might acquire In at least one memorandum, Judge Amendment to the Constitution. weapons of mass destruction, including Gonzales apparently agreed that the Furthermore, in 1998, the United nuclear devices, added an even more President has the ability to override States ratified the Convention Against frightening element to the dangers we the U.S. Constitution and immunize Torture and Other Cruel, Inhuman or faced. We had to face this threat real- acts of torture. Degrading Treatment or Punishment. istically. The policies of deterrence Although supporters of Judge The Convention requires parties to that served us well in the Cold War are Gonzales will point out that only one take measures to prevent torture from difficult, if not impossible, to apply to of five memoranda discussed at his occurring within any territory under these ruthless groups of terrorists. nomination hearing were written by their jurisdictions, regardless of the ex- With respect to al-Qaida, we had to Judge Gonzales, he clearly acquiesced istence of ‘‘exceptional circumstances’’ take preemptive action. And, we did in to the conclusions in the other memos. such as a war or threat of war, internal Afghanistan. As White House counsel, Judge political instability or other public But the nature of this threat did not Gonzales’s role was to decide what emergency. The U.S. Congress imple- relieve us of our responsibilities to the legal advice was needed from the De- mented the treaty by enacting 18 Constitution and the structure of partment of Justice and then to weigh U.S.C. sections 2340–2340A. Torture is international treaties embodied in the and distill that advice before giving his defined in this statute as ‘‘an act com- Constitution. This is not being naive or opinion to the President. mitted by a person acting under the sentimental. The durability of the Con- It is clear from the record that Judge color of law specifically intended to in- stitution testifies to both its strength Gonzales either agreed with the legal flict severe physical or mental pain or and its wisdom. The structure of inter- advice dispensed in these memoranda, suffering upon another person within national treaties reflects hard won or allowed poor legal advice to be his custody or control’’ outside the agreements based on experience. The passed onto the President. United States. Offenders can be subject Constitution requires careful and sin- Either way, I believe Judge Gonzales to imprisonment and the death pen- cere interpretation when new chal- has been deeply involved in policies alty. lenges arise. It cannot be ignored or that have undermined our standing in The laws of warfare are also an inte- trivialized. the world and our historic commitment gral part of military training and con- When it comes to the issue of the to the rule of law. duct. The Uniform Code of Military conduct of war, legal guidance must be I think we must first put these Justice, or UCMJ, was a law enacted by particularly clear and it must recog- memos and decisions in historical con- Congress in 1950. The mistreatment of nize that the fury of war too often text. prisoners may be punishable as a crime brings out the worst. The issue of the treatment of detain- under article 93, UCMJ, which forbids a Ages ago, Thucydides wrote: ees in war is not a new one and an ex- soldier to act with ‘‘cruelty toward, or War, depriving people of their expected re- tensive legal framework has been de- oppression or maltreatment of, any sources, is a tutor of violence, hardening veloped to guide a nation’s behavior persons subject to his orders.’’ Article men to match the conditions they face . . . during conflict. 97 prohibits the arrest or confinement Suspicion of prior atrocities drives men to The most well known and com- of any person except as provided by surpass report in their own cruel innova- prehensive are the Geneva Conven- law. The UCMJ also punishes ordinary tions, either by subtlety of assault or extrav- tions, created in 1948, to mitigate the crimes against persons such as assault, agance of reprisal. harmful effects of war on all persons rape, sodomy, indecent assault, mur- Shakespeare captured the essence of who find themselves in the hand of a der, manslaughter, and maiming. Arti- this visceral violence in his immortal belligerent party. 192 countries, includ- cle 134 also punishes ‘‘all disorders and phrase, ‘‘Cry Havoc, and let slip the ing the United States and Afghanistan neglects to the prejudice of good order dogs of war.’’ ratified the treaty. and discipline in the armed forces’’ and Abraham Lincoln understood the pas- The Geneva Conventions were cre- ‘‘all conduct of a nature to bring dis- sions and emotions that grip the war- ated in the aftermath of World War II credit upon the armed forces.’’ rior. Writing to a friend in the midst of and the Nuremberg Trials, by a world The Army also has regulations imple- our Civil War, President Lincoln de- which had just experienced warring ar- menting the laws of war, including reg- clared: mies, the systematic rounding up and ulation 190–08, which implements the Thought is forced from old channels into extermination of millions of innocent Geneva Conventions. All soldiers are confusion. Deception breeds and thrives. civilians, squalid POW camps, death expected to abide by Army regulations Confidence dies, and universal suspicion reigns. Each man feels an impulse to kill his marches, resistance movements and and if a soldier violates a regulation, neighbor, lest he be first killed by him. Re- the aftermath of two nuclear bombs. he or she is subject to punishment venge and retaliation follow. And all this, as Those who drafted the Geneva Conven- under the Uniform Code of Military before said, may be among honest men only. tions had pretty much seen it all, and Justice. But this is not all. Every foul bird comes they accounted for all of it in the Con- Despite the Constitution’s clear pro- abroad, and every dirty reptile rises up. ventions. hibition on cruel and unusual punish- Yet, the guidance provided by this The United States clearly took the ment, despite law after law, treaty Administration was confused at best Conventions seriously and made them after treaty prohibiting torture, the and relied on the fine parsing of legal the part of the law of our land by in- President’s chief counsel, Judge

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.043 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S853 Gonzales, requested a series of legal and thousands of American soldiers preme Court explained why the Presi- memos regarding the applicability of line the border. Our soldiers could still dent’s Commander-in-Chief or inherent treaty provisions and permissible in- be captured. And now we cannot hold executive power were not enough to terrogation techniques in the war on the North Koreans to a higher standard allow him to take over the American terrorism. of conduct, because ours is the same. steel industry during a time of crisis. One of these memos, the August 1, The August Bybee memorandum also In his concurring opinion, Justice 2002, Bybee Memorandum, was appar- enumerated reasons that American of- Jackson eloquently discussed the lim- ently written to explore what coercive ficials could not be held criminally lia- its on such Presidential powers, espe- tactics U.S. officials could use without ble for coercive interrogation tactics cially when the ‘‘President takes meas- being held criminally liable. that fell outside of this new narrow ures incompatible with the express or This memo created a new and radi- definition of torture. implied will of Congress.’’ cally narrow definition of torture. It It also posits that officials can in- In fact, Bybee cites no precedent for stated that torture would require in- voke ‘‘necessity’’ or ‘‘self-defense’’ as a his unique enhancement of the Presi- terrogators to have specific intent to defense against prosecution for such dent’s Commander-in-Chief power cause physical pain that ‘‘must be acts, despite the fact the Convention other than: equivalent in intensity to the pain ac- Against Torture clearly states there In light of the President’s complete au- companying serious physical injury, are no ‘‘exceptional circumstances’’ thority over the conduct of war, without a such as organ failure, impairment of that may be invoked as justification clear statement otherwise, we will not read a bodily function or even death.’’ Mental for torture. criminal statute as infringing on the Presi- torture is defined in the statute but Although the torture provisions of dent’s ultimate authority in these areas. We have long recognized, and the Supreme Court the Justice Department memo states the August 2002 Bybee memo were re- has established a canon of statutory con- that mental torture must result in scinded and replaced four weeks ago by struction that statues are to be construed in ‘‘significant psychological harm last- a new December 30, 2004 memo, the a manner that avoids constitutional difficul- ing for months or even years.’’ Bybee memo was Administration pol- ties so long as a reasonable alternative con- According to Harold Koh, Dean of the icy for almost 21⁄2 years and has had ex- struction is available. Yale Law School, former Assistant tremely harmful effect on both our This is nonsense. There are statutes Secretary of State for Democracy, military and intelligence communities. on the book outlawing torture. There Human Rights and Labor, and an inter- If this memo with its narrow defini- is no precedent cited because scant national law expert, this memo is ‘‘the tion of torture was so wrong on its face precedent exists, it any. most clearly erroneous legal opinion’’ that it had to be rescinded, why didn’t Now if this Commander in Chief over- he has ever read. In testimony before Judge Gonzales know it was wrong at ride exists, if the President can exer- the Judiciary Committee he stated: the time he requested and endorsed it? cise his Commander-in-Chief power to In sum, the August 1, 2002 OLC memo- One of the most disturbing parts of ask his subordinates to engage in tor- randum is a stain upon our law and our na- the August Bybee memorandum is the ture to protect the national security of tional reputation. A legal opinion that is so suggestion that the President and our country, how would this be done? lacking in historical context, that offers a other executive officials can escape One would think the Commander-in- definition of torture so narrow that it would prosecution for torture on the ground Chief would have to order his subordi- have exculpated Saddam Hussein, that reads that ‘‘they were carrying out the Presi- the Commander-in-Chief power so as to re- nates to engage in such conduct for it move Congress as a check against torture, dent’s Commander-in-Chief powers.’’ to be legal. So where are the orders? that turns Nuremberg on its head, and that By adopting the doctrine of ‘‘just fol- And if there are no orders, aren’t U.S. gives government officials a license for cru- lowing orders’’ as a valid defense for soldiers and intelligence officers still elty can only be described—as my prede- United States soldiers and officials, the subject to the supreme law of our cessor Eugene Rostow described the Japa- opinion undermines the very land—our Constitution, our statutes nese internment cases—as a ‘‘disaster.’’ underpinnings of individual criminal and our treaty obligations—and can One would have expected the Counsel to responsibility set forth after World they not be prosecuted for violations of the President to have immediately repudi- War II, and now embodied in the basic ated such an opinion. Judge Gonzales did this law? How would Judge Gonzales not. instruments of international criminal approach this dilemma, created by his law. Instead, this memo was endorsed by own legal reasoning, if he is nomi- This memorandum basically puts the Judge Gonzales as the legal opinion of nated-confirmed Attorney General? President, and his subordinates, above the Justice Department on the stand- Would he prosecute subordinates of the the law, as it states, ‘‘any effort to reg- ard for torture. President who engaged in what most ulate the interrogation of battlefield Now, over 30 years ago, the U.S. Navy rational people would consider torture combatants would violate the Con- 1 vessel USS Pueblo was sent on an intel- during the past 2 ⁄2 years and then de- stitution’s sole vesting of the Com- ligence mission off the coast of North fend themselves with the reasoning in mander-in-Chief authority in the Presi- Korea. On January 23, 1968, it was at- the Bybee memorandum? dent.’’ tacked by North Korean naval and air In addition, at this time there are This is antithetical to everything we forces. Eighty-one surviving crew- over 20,000 private contractors in Iraq. know about our founding document members of the USS Pueblo were cap- Many of them are engaging in ‘‘mili- and the rule of law. tured and held captive for 11 months. tary functions’’ in support of U.S. It ignores the fact that the Conven- One survivor, Harry Iredale, related his forces. These civilians are currently tion Against Torture and other treaties experiences with a North Korean inter- liable for prosecution in U.S. courts for have been approved by Congress, eluci- rogator named, ‘‘The Bear:’’ various offenses, under the U.S. laws dated by statute and become the law of implementing the Convention on Tor- The Bear proceeded to yell at me to con- the land. ture. In addition, persons who are ‘‘em- fess. He had me kneel on the floor while two The Bybee memo’s reading of the guards placed a 2-inch diameter pole behind ployed by or accompanying the armed my knees and other guards jumped on each President’s powers as Commander-in- forces’’ may be prosecuted under the end of it several times. Then the Bear picked Chief essentially would allow him to Military Extraterritorial Jurisdiction up a hammer handle and proceeded to smash ignore or order that the criminal prohi- Act. Now, many such offenses are per- it onto my head, completely encircling my bition against torture in the United mitted by the Bybee memorandum but head with lumps as I screamed in pain. States code be set aside. The President are prohibited by other U.S. law. I think most of us would consider could trump Congress’ power under Ar- Again, would Judge Gonzales vigor- this graphic description one of torture. ticle I, section 8, clause 10 to ‘‘define ously prosecute violations of law that, But under the Bybee memorandum’s and punish . . . offenses against the law either through his advice or the legal definition, this would not constitute of nations’’ such as torture. reasoning he deemed were acceptable organ failure or death, so it would not Interestingly, nowhere does the Au- practices activities? be considered torture. gust Bybee memorandum mention the Now the creation of this so-called More importantly, perhaps, is that landmark Youngstown Steel & Tube Commander-in-Chief override power the North Korean regime still exists Co. v. Sawyer decision in which the Su- has created some consternation in

VerDate Aug 04 2004 02:03 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.044 S02PT1 S854 CONGRESSIONAL RECORD — SENATE February 2, 2005 legal circles. But neither Judge Now, I would like to discuss two dent agreeing with the January Bybee Gonzales nor the Justice Department memoranda Judge Gonzales requested memorandum. He states two positive has backed away from it. from the Department of Justice Office aspects of this decision. First, he finds The December 30, 2004, memo de- of Legal Counsel regarding U.S. treaty that suspending these treaty obliga- clares that it supersedes the August obligations in the war in Afghanistan. tions ‘‘preserves flexibility,’’ which, I 2002 Bybee memo in its entirety. How- Specifically, he asked if treaties form- would note, is not a legal conclusion. ever, the Office of Legal Counsel has ing part of the laws of armed conflict He then states that the war on ter- not yet clearly and specifically re- applied to conditions of detention and rorism is a new kind of war, a ‘‘new nounced the parts of the August 2002 procedures for trials of members of al- paradigm that renders obsolete Gene- memorandum concerning the Com- Qaida and the Taliban militia. He also va’s strict limitation on questioning of mander in Chief’s power stating: asked that if the Geneva Conventions enemy prisoners and renders quaint Consideration of the bounds of any such did apply in Afghanistan, would the some of its provisions.’’ A second posi- authority would be inconsistent with the Taliban, the military force of Afghani- tive aspect Judge Gonzales concluded President’s unequivocal directive that stan, qualify for prisoner-of-war status. is that since the Geneva Conventions United States persons not engage in torture. As I noted earlier, after World War II, do not apply to al-Qaida and the Judge Gonzales’s own public state- the United Nations drafted, and most Taliban, it ‘‘substantially reduces the ments have also urged a broad view of of the world, including the United threat of domestic criminal prosecu- the President’s power to conduct the States and Afghanistan, ratified the tion under the War Crimes Act.’’ war on terror. In a June 2004 speech be- Geneva Conventions. There are four Judge Gonzales then goes on to list fore the American Bar Association’s conventions. The third convention de- seven negative points about suspending Standing Committee on Law and Na- fines six classes of persons who, if cap- the War Crimes Act and the Geneva tional Security, Judge Gonzales stated: tured, should be considered as pris- Conventions in these circumstances, [The President] has not had to—as I indi- oners of war. The most protected class including: cated, in terms of what he has done or has under the Geneva Conventions is the The U.S. had abided by the Geneva not done, he has not exercised his Com- prisoner-of-war category. Civilians and Conventions since their creation in mander-in-Chief override, he has not deter- spies are protected as other classes in 1948. mined that torture is, in fact, necessary to the fourth Geneva Convention. Run- The U.S. could then not invoke the protect the national security of this country. ning through all of these conventions Geneva Conventions for U.S. forces But it seems that Judge Gonzales’s is common article 3, which prohibits: captured or mistreated in Afghanistan. statement is at least providing for a [O]utrages upon personal dignity, in par- The War Crimes Act could not be situation in which the President could ticular, humiliating and degrading treat- used against the enemy. make that determination, but under ment. The position would ‘‘likely provoke what constitutional principle I do not Most experts would agree this is the widespread condemnation among our know. minimum standard for the treatment allies and in some domestic quarters.’’ Furthermore, Judge Gonzales was of all detainees. In the future, other countries may unwilling to repudiate the Commander As I stated in the beginning of my re- look for ‘‘loopholes’’ to avoid com- in Chief override power when asked di- marks, September 11 did usher in a new plying with the Geneva Conventions. rectly about it during his confirmation era. It was reasonable for Judge The determination ‘‘could undermine hearing, saying that it was a hypo- Gonzales to wonder if perhaps a group U.S. military culture which emphasizes thetical question about a hypothetical such as al-Qaida was one of those cat- maintaining the highest standards of situation and he was ‘‘not prepared in egories of individuals or groups that conduct of combat, and could introduce this hearing to give you an answer to was not authorized automatic protec- an element of uncertainty in the status such an important question.’’ tion under the Geneva Convention. of adversaries.’’ Now, I always assumed the purpose of However, the Geneva Conventions Remarkably, after weighing the pros a hearing to confirm a Cabinet official maintain if the status of a captured in- and cons, Judge Gonzales found the was that he would answer, after prepa- dividual is in doubt, a competent tri- negatives of such a decision by the ration, important questions involving bunal must decide that status. Fur- President were ‘‘unpersuasive.’’ He his proposed responsibilities. Appar- thermore, the Geneva Conventions are concurred in the Justice Department’s ently, Judge Gonzales did not believe only one part of the law of armed con- decision that the Geneva Convention that was the role of the hearing. He flict. The Convention Against Torture did not apply to al-Qaida and the provided no answer. and the assurance of basic human Taliban. In addition, in responding to a fol- rights remain in place at all times. On January 26, 2002, Secretary of lowup question submitted by Senator On January 22, 2002, the Justice De- State Powell objected to the presen- LEAHY, Judge Gonzales refused to an- partment sent a memo to Judge tation and conclusions in the Gonzales swer in the affirmative that the Presi- Gonzales regarding treaty obligations. memo. Secretary Powell sent his own dent could not override the Convention Also signed by Jay Bybee, the Assist- memo to Gonzales, stating: ant Attorney General, the memo ana- Against Torture and any implementing I am concerned that the draft does not legislation and immunize the use of lyzed the War Crimes Act and the Ge- squarely present to the President the options torture under any circumstances, stat- neva Conventions and concluded: that are available to him. Nor does it iden- ing again: [N]either the federal War Crimes Act nor tify the significant pros and cons of each op- the Geneva Conventions would apply to the [T]he President does not intend to use any tion. detention conditions of al-Qaida prisoners. authority he might conceivably have to au- Secretary Powell lists as cons, in his We also conclude that the President has the thorize the use of torture. words: plenary constitutional powers to suspend our I guess it is one of those situations treaty obligations toward Afghanistan dur- It will reverse over a century of U.S. policy where torture is in the eye of the be- ing the period of conflict. and practice in supporting the Geneva Con- holder. Much of what seems to have A memo sent 2 weeks later concluded ventions and undermine the protections of happened to those crew members of the the law of war for our troops; it is a high that the Taliban did not qualify for cost in terms of negative international reac- Pueblo looks to us as torture, but I prisoner-of-war status. tion, with immediate adverse consequences guess it was not torture under the Now, legal experts can and have dis- for our conduct of foreign policy; it will un- Bybee memorandum. agreed about the conclusions reached dermine public support among critical allies, As Attorney General, Judge Gonzales by the Department of Justice. But making military cooperation more difficult will be responsible for enforcing the what I find deeply disturbing is the to sustain; and Europeans and others will laws of our land. But he himself cre- questionable judgment and cavalier at- likely have legal problems with extradition. ated an exception to these laws for the titude Judge Gonzales used outlining At a February 4, 2002, National Secu- President. He not only allowed torture his recommendations as White House rity Council meeting to decide this to be redefined, he also agreed to a legal counsel. issue and make recommendations to new, unchecked power for the Presi- On January 25, 2002, Judge Gonzales the President, the Department of dent that no President before ever had. drafted a memorandum to the Presi- State, the Department of Defense, and

VerDate Aug 04 2004 05:19 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.044 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S855 the Chairman of the Joint Chiefs of for confusion in the ranks. The Schles- The role of Judge Gonzales in the Staff were in agreement that all de- inger report found ‘‘Lieutenant Gen- production and approval of this memo tainees would get the treatment they eral Sanchez signed a memo author- is yet unknown. But given his partici- are or would be entitled to under the izing a dozen interrogation techniques pation in other decisions made about Geneva Conventions. beyond standard Army practice, in- the wars in Iraq and Afghanistan, it is Now Judge Gonzales was faced with cluding five beyond those applied at not irrational to assume that he had two opposing opinions: one, from the Guantanamo . . . using reasoning from some participation. Department of Justice, which offered a the president’s memo of February 7, The existence of ghost detainees is a new and untried approach to inter- 2002.’’ violation of the Geneva Convention. national law; and the other which was Another report, completed by Lieu- Someone is responsible for this deci- supported by decades of precedent and tenant General Jones, stated that con- sion and must be held accountable. If the entire military establishment, fusion over different standards for de- Judge Gonzales is confirmed as Attor- which was actually going to be on the tainee treatment and interrogation, ney General, will he pursue these types front lines of the conflict. Judge dictated by the administration and fol- of investigations and potential pros- Gonzales had to choose what he was lowed through by the Army, led to ‘‘a ecutions? going to advise the President. permissive and compromising climate Some of my colleagues will likely On February 7, 2002, President Bush, for soldiers.’’ state that opposition to Judge presumably following the legal advice In order to overcome these problems, Gonzales is partisan politics. But we of his counsel, issued a memorandum the Schlesinger report recommended are not alone in opposing this nomina- stating that the Geneva Conventions that ‘‘the United States should further tion. Twelve retired admirals and gen- did not apply to al-Qaida, and that define its policy applicable to both the erals sent a letter to the Judiciary while the Taliban were covered by the Department of Defense and other Gov- Committee expressing deep concerns Geneva Conventions, they did not qual- ernment agencies, on the categoriza- about the nomination of Judge ify for POW status. The fact that the tion and status of all detainees as it Gonzales. This letter includes the fol- third Geneva Convention requires a applies to various operations and theo- lowing statement: competent tribunal to determine this ries. It should define their status and During his tenure as White House Counsel, fact was ignored. Furthermore, Presi- treatment in a way consistent with Judge Gonzales appears to have played a sig- nificant role in shaping U.S. detention and dent Bush stated that the Geneva Con- U.S. jurisprudence and military doc- interrogation operations in Afghanistan, ventions’ common article 3, the min- trine and with the [United States] in- Iraq, Guantanamo Bay, and elsewhere. imum standard of human rights for terpretation of the Geneva Conven- Today it is clear that these operations have noncombatants, including prisoners, tions.’’ forced a greater animosity towards the did not apply to either al-Qaida or the It is a fact of life that there are al- [United States], undermined our intelligence Taliban. ways going to be abuses of human gathering efforts, and added to the risks fac- Mr. President, these questionable de- rights in time of war. But the abuses I ing our troops serving around the world. cisions of Judge Gonzales have pro- have discussed above, and that are These are the words of distinguished found effects. What he found still, unfortunately, coming to light, general officers who have served their unpersuasive was the most correct are systemic. I would argue that they country in uniform upwards of 30 or statement in his memo—that his ad- are the result of a corrosive trend more years. vice would, in his words, ‘‘undermine started by the President’s February 7 A group of 17 religious leaders and or- U.S. military culture which emphasizes memo, which was based on advice given ganizations also sent a letter to the Ju- maintaining the highest standards of by Judge Gonzales in consultation with diciary Committee expressing concern conduct in combat and could introduce the Department of Justice. This is not about Judge Gonzales’s nomination an element of uncertainty in the status the type of legal thinking and judg- and his role, in their words, in ‘‘sanc- of adversaries.’’ ment that I find suitable for the Office tioning torture.’’ Another group of In January 2004, the Pentagon an- of Attorney General. more than 200 religious leaders sent a nounced that they were investigating There is one final issue that needs to letter to Judge Gonzales stating: reports of abuse of prisoners in Iraq. In be mentioned. That is the deeply dis- We fear that your legal judgments have May 2004, the world was horrified when turbing issue of ‘‘ghost detainees.’’ The paved the way to torture and abuse. pictures of some of the abuses at Abu Bush administration has always main- Even his colleagues in the legal com- Ghraib prison became public. Now for tained that the Geneva Conventions munity have doubts. A group of 329 many months, DOD officials have are in force in Iraq. Article 49 of the prominent lawyers sent a letter to the maintained that such abuses were the fourth Geneva Convention prohibits Judiciary Committee stating that acts of a few depraved, low-ranking in- ‘‘individual or mass forcible transfers, Judge Gonzales’s purported role in de- dividuals, but reports of abuses in as well as deportations of protected ciding the treatment of detainees other prisons, such as Guantanamo and persons from occupied territory . . . re- ‘‘raises fundamental questions about the Adhamiya Palace in Baghdad, are gardless of their motive.’’ Judge Gonzales’s fidelity to the rule of coming to light. Yet an October 24, 2004, Washington law, about his views concerning the re- To date, the Pentagon has initiated Post story states that a confidential sponsibility of a government lawyer, several investigations into these March 19, 2004, Justice Department and about the role of the Department abuses. Only some of the investigations memorandum granted permission to of Justice.’’ have been completed, and they all con- the CIA to take Iraqis out of their Much has been made and much cern Abu Ghraib. However, they have country to be interrogated for a ‘‘brief should be made about Judge Gonzales’s startlingly similar findings. President but not indefinite period.’’ It also said rise from very humble beginnings. Bush’s February 7, 2002, memorandum the CIA can permanently remove ‘‘ille- There is no disputing this fact. There is set new policy that conflicted with gal aliens.’’ Other reports state that as no disputing that the nomination of a longstanding Army doctrine based on many as a dozen detainees were moved Latino to such an August position is a established laws of war, and this con- under this policy. significant, notable moment in our Na- flict caused confusion and ultimately a In addition, the third and fourth Ge- tion’s history. Indeed, there are many corrosion of standards. neva Conventions maintain that inter- people in my State who see their deep- The Schlesinger report, released on national organizations such as the Red est hopes and dreams for their children August 24, 2004, was written by an inde- Cross must have access to prisoners. and grandchildren in the story of Judge pendent panel chaired by the former Two generals investigating the abuses Gonzales’s rise. Such a sense of pride is Secretary of Defense, Jim Schlesinger, of Abu Ghraib, Major General Taguba no small thing. But our duty as Sen- to review DOD detention operations. In and General Kern, noted in their re- ators is to advise and consent on the fact, the report was essentially com- ports that the U.S. hid prisoners from fitness and skills of nominees. And missioned by the present Secretary of Red Cross teams. General Kern stated there are few positions in the Cabinet Defense, Mr. Rumsfeld. Dr. Schlesinger that the number of ghost detainees ‘‘is that are as sensitive and important as pointedly blamed the administration in the dozens, perhaps up to 100.’’ that of Attorney General.

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.047 S02PT1 S856 CONGRESSIONAL RECORD — SENATE February 2, 2005 As heartening as Judge Gonzales’s tably, however, Mr. Gonzales’s failure to Mr. Gonzales has claimed, during ques- personal story is, like the congres- properly address concerns with his past tioning before the Committee, that the sional Hispanic caucus and a number of record and clearly explain his positions on memoranda were only ‘‘summaries’’ of the civil rights groups such as the Mexican critical civil and human rights issues com- death penalty cases he handled for Governor pels us to urge the Senate to reject his con- Bush, and that they were typically provided American Legal Defense Fund, I be- firmation. at the end of a ‘‘rolling series of discussions’’ lieve that Judge Gonzales has left too Earlier this month, LCCR sent the Senate about each case. Yet to date, Mr. Gonzales many important questions unanswered. Judiciary Committee a letter, signed by has produced no tangible evidence of such Indeed, as The congressional His- more than four dozen national civil and discussions or any other communications panic caucus has pointed out: human rights leaders, that expressed numer- with the Governor about any death penalty [T]he Latino community continues to lack ous concerns with Mr. Gonzales’s record and case, leaving serious and very troubling clear information about how the nominee, as urged close scrutiny. Despite a day-long questions remaining about whether, under Attorney General, would influence policies hearing before the Committee, the submis- Mr. Gonzales’s tenure, justice was properly on such important topics as the Voting sion of written questions by Committee administered in every case. Rights Act, affirmative action, protections members, and numerous inquiries by the Mr. Gonzales’s responses to questions for persons of limited English proficiency, press and the public, Mr. Gonzales and the about how he would handle death penalty due process rights of immigrants, and the Administration have not yet provided the cases as Attorney General, if confirmed, also role of local police in enforcing federal im- Senate either with the critical information cause significant concern. When asked about migration laws. on his record or with the commitment to ac- a recent Justice Department report that re- The right to vote, protection from countability and transparency that are pre- vealed striking racial and ethnic disparities requisites to the Senate exercising its con- in the imposition of the federal death pen- discrimination, and assistance for stitutional duty of advise and consent on alty, Mr. Gonzales expressed only a ‘‘vague those who have yet to master the this nomination. We remain unconvinced knowledge’’ of the problem. While he stated English language are issues of great that Mr. Gonzales would independently en- a willingness to examine the application of importance to Latinos in my State, force the law, rather than continue to simply the death penalty if he were convinced that and they deserve real answers. Despite rationalize it, as he did while serving then- such disparities existed, he did not commit Judge Gonzales’s superb academic cre- Governor George W. Bush. to address already-documented concerns at dentials and his record of achievement, MR. GONZALES HAS NOT ADDRESSED SERIOUS the federal level. In addition, while Mr. I have too many concerns about his de- CONCERNS INVOLVING THE USE OF THE DEATH Gonzales was unfamiliar with Attorney Gen- eral Ashcroft’s policy of overriding decisions cisions made on legal matters, particu- PENALTY The Leadership Conference on Civil Rights by federal prosecutors to not seek the death larly in his role of the past 4 years as penalty, which in itself is not indicative of a White House Counsel, to vote for his opposes the death penalty under all cir- cumstances, but recognizes that it is the law problem, he failed to commit to formally re- confirmation. of the land in many states and at the federal view the practice, including its potential for The genius of our Founding Fathers level. As the ultimate—and the only irre- racial disparities. In sum, as evidenced by both his past was not to allow power to be con- versible—sanction for criminal conduct, cap- record and his answers to questions about centrated in the hands of a few. They ital punishment must never be administered what he would do if confirmed as Attorney were particularly concerned about a if a government has not exercised every rea- General, Mr. Gonzales has clearly failed to sonable precaution at its disposal to avoid concentration of power in the Presi- assure the Senate and ultimately the Amer- putting an innocent person to death. A fail- dent. Although they made the Presi- ican people that he will administer death ure to ensure that every death penalty case dent the Chief Executive Officer of our penalty cases fairly and in accordance with receives fair and balanced treatment can Government and the Commander in the law. easily lead to severe miscarriages of justice. Chief, the Founding Fathers con- As General Counsel to then-Governor MR. GONZALES HAS FAILED TO FULLY ANSWER strained the President through the George W. Bush from 1995 to 1997, Mr. IMPORTANT QUESTIONS ABOUT CIVIL RIGHTS very structure of our Government, Gonzales advised the Governor on pending AND LIBERTIES through both law and treaty. The At- clemency petitions in death penalty cases. In his confirmation hearing, Mr. Gonzales torney General has a duty not just to While Governor Bush exercised ultimate au- testified that civil rights enforcement would serve the President but, also and ulti- thority to grant or deny a clemency petition, be among his top priorities. Yet while some mately, to support, protect, and defend his decision in each case was based on the in- of his responses to questions reflect some the constitutional commitment to a formation he received from Mr. Gonzales. It level of consultation with the Justice De- was Mr. Gonzales’s legal responsibility to partment (see response #5 to Senator Biden, system of checks and balances. I do not present the Governor with a full and bal- p. 2; response #3 to Senator Durbin, p. 20), we feel comfortable with Judge Gonzales’s anced summary of each case, including any are very troubled that his responses to ques- ability to do this. and all significant mitigating factors. tions on many extremely important civil After studying his record, I do not To date, the only known physical records rights issues were vague and were neither believe that Judge Gonzales has dem- that document the information that Mr. well-informed nor well-developed. For exam- onstrated the judgment necessary to Gonzales provided to Mr. Bush regarding ple: perform the duties of the highest law clemency petitions are brief memoranda, In response to questions about Title VI of enforcement officer of our land. ranging from one-and-a-half to seven pages the Civil Rights Act, which prohibits racial Mr. President, I ask unanimous con- in length. Most of these memoranda were and gender discrimination in federally fund- dated either the day before or the day of a ed programs and activities, Mr. Gonzales sent to have printed in the RECORD a scheduled execution. failed to commit to the enforcement of the number of articles bearing on Judge The clemency memoranda are, in many Title VI regulations, as distinguished from Gonzales’s role in torture policies, as cases, extremely troubling. A number of the Title VI statute itself. This is troubling well as recent statements by the Lead- them omit evidence that was presented in given the longstanding recognition that the ership Conference on Human Rights clemency petitions such as outstanding regulations have a scope and application and the Center for Constitutional claims of innocence, allegations that a jury that extend beyond the limits of the statute rights opposing this nomination. had failed to consider material evidence, itself. Because the Supreme Court in There being no objection, the mate- signs of mental impairment, and personal Sandoval prohibited individuals from bring- mitigating factors such as severe childhood rial was ordered to be printed in the ing private actions to enforce the Title VI abuse. For example, in the case of Carl John- regulations, the government was left as the RECORD, as follows: son, the clemency memorandum prepared by only entity with the capacity to do so. Im- LCCR OPPOSES GONZALES CONFIRMATION: Mr. Gonzales does not even refer to the fact portant protections against discrimination VOTE ‘‘NO’’ FEBRUARY 2, 2005 that Mr. Johnson had claimed he received in- in the areas of language rights, educational Dear Senator: On behalf of the Leadership effective assistance of counsel because his discrimination, environmental justice, and Conference on Civil Rights (LCCR), the na- lawyer slept through portions of his trial. In others will be entirely lost unless the Ad- tion’s oldest, largest and most diverse civil the case of Terry Washington, a mentally re- ministration commits itself to bring enforce- and human rights coalition, we write to ex- tarded 33-year-old, Mr. Gonzales barely men- ment actions. However, Mr. Gonzales’s fail- press our opposition to the confirmation of tioned that Mr. Washington’s limited mental ure to make such a commitment suggests a White House Counsel Alberto R. Gonzales as capacity (and the failure of his counsel to substantial narrowing of the historic reach United States Attorney General. The Leader- raise it during trial) formed the central basis of one of our fundamental civil rights laws. ship Conference recognizes the historic sig- of his thirty-page clemency petition. In- Mr. Gonzales responded to questions by nificance of Mr. Gonzales’s appointment as stead, Mr. Gonzales referred the issue of Mr. Senator Kennedy about mandatory min- the first Hispanic American to serve as At- Washington’s mental capacity only as a imum sentencing by stating simply that torney General, and so the action we urge piece of ‘‘conflicting information’’ about Mr. ‘‘mandatory minimums provide a clear de- today is not undertaken lightly. Regret- Washington’s background. terrent and have been effective.’’ His answers

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.049 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S857 on this topic ignore evidence, including gations in this nomination without full dis- national laws dealing with the use of torture statements from many current and former closure and review of these materials. is overwhelming. As White House counsel, he judges such as Supreme Court Justice An- CONCLUSION has consistently treated the law as an incon- thony Kennedy, that mandatory minimum venient obstacle to be ignored whenever it In sum, the record before you regarding sentences, by depriving judges of their tradi- conflicted with the wishes of the President. the Alberto Gonzales nomination is woefully tional discretion to tailor a sentence based Mr. Gonzales is the author of a leaked memo, incomplete, at best, in spite of repeated ef- on the culpability of the defendant and the dated January 25, 2002, that justified the sus- forts by the Committee and other stake- seriousness of the crime, render our nation’s pension of the Geneva Conventions in the holders to obtain all relevant information. criminal justice system unjust, unfair, and war in Afghanistan, calling these universally At worst, it raises profound questions about counter-productive. And, as Justice Kennedy recognized international laws ‘‘obsolete’’ and Mr. Gonzales’ commitment to civil and also observed, mandatory minimum sen- ‘‘quaint.’’ human rights and the rule of law. tencing has its most disproportionate impact In the same year, Mr. Gonzales requested a The record is very troubling because no- memo from the Justice Department, inquir- on communities of color. where is the Senate’s constitutional role in Mr. Gonzales was asked about the dis- ing as to whether the Bush Administration reviewing a presidential cabinet nominee parity in sentences for defendants convicted could evade current treaties and laws in its more important than in the case of a pro- of crack vs. powder cocaine offenses. Under treatment of Al Qaeda and Taliban detainees spective Attorney General. It is even more current law, draconian statutory and guide- without being open to prosecution for war troubling because Mr. Gonzales, in response line penalties are triggered by possession or crimes. Moreover, he drafted the original to questions by Chairman Specter and other sale of a small amount of crack cocaine—one military commission order signed by Presi- members of the Judiciary Committee during hundred times less than the amount of pow- dent Bush on November 14, 2001, which would his recent confirmation hearing, had repeat- der cocaine that triggers the same penalties. have allowed suspects apprehended in the edly pledged far greater cooperation with the Because African Americans almost exclu- global campaign against terrorism to be Committee than his predecessor had ex- sively have been targeted by federal authori- charged, tried, and even executed without tended. Mr. Gonzales and the Administration ties for crack cocaine offenses, they and the most basic due process protections. have utterly failed to deliver on this prom- other racial and ethnic minorities serve far Gonzales also argued that U.S. citizens could ised level of cooperation, leaving numerous longer prison sentences for drug dealing than be held incommunicado and stripped of the questions remaining about his suitability for whites convicted of similar offenses involv- right to counsel and the right to challenge the position of Attorney General and about ing powder cocaine. The U.S. Sentencing their detention in a court of law for as long the impact his tenure would have on civil Commission has twice concluded that there as the President deemed necessary. [CCR and human rights in this country and else- is no empirical basis for the 100 to 1 ratio, successfully challenged this position in the where. For this reason, we must urge you to but it persists. Yet after being presented milestone case Rasul v. Bush, where the Su- not confirm Mr. Gonzales. Please note that with this information in written questions preme Court ruled that the detainees at LCCR intends to include how Senators vote following his hearing, Mr. Gonzales failed to Guantanamo have a right to challenge their on this issue in the upcoming 109th Congress even acknowledge the racial disparities that detention in U.S. courts.] LCCR Voting Record. Furthermore, Mr. Gonzales and his col- the current policies have produced. Thank you for your consideration. If you leagues approved the use of dogs, hooding, Mr. Gonzales played a critical role in shap- have any questions, please feel free to con- and extreme sensory deprivation, all forbid- ing the administration’s ‘‘enemy combat- tact LCCR Deputy Director Nancy Zirkin at den by Geneva Convention and International ants’’ policy, which places individuals be- (202) 263–2880, or LCCR Policy Analyst Rob Covenant Against Torture. They redefined yond the reach of the law and subjects them Randhava at (202) 466–6058. torture to limit it to only those actions that to indefinite, incommunicado detention. He Sincerely, lead to organ failure, death or permanent publicly argued that the President’s author- DR. DOROTHY I. HEIGHT, psychological damage. They justified this re- ity was constrained not so much by the rule Chairperson. laxed definition of torture on the grounds of law but ‘‘as a matter of prudence and pol- WADE HENDERSON, that in a time of war, interrogators need to icy’’—a view so radical that it was eventu- Executive Director. extract information from prisoners quickly ally rejected by an 8–1 majority of the U.S. to save American lives. However, it has long Supreme Court. In his responses to questions CCR OPPOSES THE NOMINATION OF ALBERTO been established by experts in the field that about this policy, following the ruling, Mr. GONZALES torture leads to false confessions and bad in- Gonzales has still not made it clear that he, telligence. None of this seems to have as Attorney General, would be fully com- SYNOPSIS mattered to Mr. Gonzales and the higher ups mitted to respecting the time-honored and ‘‘The best way for the American people to in the White House. Indeed, there is little vital role of judicial review of executive ac- send a message to the Bush administration doubt that the memos written and commis- tions—a matter of grave concern to citizens and the world that ‘we the people’ of the sioned by Gonzales paved the way for the and noncitizens alike. United States do not condone torture is to mobilize to reject the nomination of Alberto abuse and torture of detainees at Guanta- MR. GONZALES HAS FAILED TO CLARIFY HIS namo Bay, Abu Ghraib, Bagram Air Force ROLE IN POLICIES REGARDING TORTURE, IN- Gonzales.’’—Ron Daniels, Executive Direc- tor, the Center for Constitutional Rights base, and elsewhere—many of whom are rep- TERROGATION AND DETENTION resented by the Center for Constitutional As White House Counsel, Mr. Gonzales DESCRIPTION AND STATUS Rights. oversaw the development of detention, inter- The Center for Constitutional Rights The verdict is clear; there is no question rogation, and torture policies for handling (CCR) strongly opposes the nomination of but that there is a causal link between the prisoners in Afghanistan, Iraq, and else- White House Counsel Alberto Gonzales for memoranda and other directives devised by where. He wrote a 2002 memorandum dispar- the office of Attorney General of the United Mr. Gonzales and the terrible infractions aging the Geneva Conventions and arguing States. While we applaud the effort of recent committed by officers and functionaries in that they do not bind the United States in Presidents to achieve greater diversity in the field. The images and information about the war in Afghanistan. He urged the Presi- their Cabinets and would be delighted to see the horrific acts committed against pris- dent to reject warnings by U.S. military the first person of Latino descent be elevated oners at Abu Ghraib, (80% of were innocent leaders that such policies would undermine to this high office, the issue at hand is not of any crimes according to the International respect for the law in the military, with cat- about diversity, it is about the conduct of Red Cross), has severely damaged the reputa- astrophic results. He requested and reviewed someone who has fundamentally aided and tion of the U.S. in the world as a standard legal opinions that radically altered the defi- abetted efforts by those in the White House bearer for justice and the rule of law. The ar- nition of torture and claimed U.S. officials to disregard the rule of law. rogance that abounds in the White House is were not bound by laws prohibiting torture. We believe that at the behest of President such that they seem impervious to world He even made the radical suggestion that the Bush, Mr. Gonzales knowingly and willingly opinion. But ‘‘we the people’’ have the oppor- President has the power to disregard Con- provided counsel and advocated policies cal- tunity, obligation and power to let the Presi- gressional enactments. Changes made as a culated to evade or circumvent domestic and dent and the world know that we will not result to long-established U.S. policy and international laws prohibiting the use of tor- tolerate intolerable acts committed in our practices appear to have paved the way for ture to extract information from soldiers or name! the recent horrific incidents at Abu Ghraib detainees held in U.S. custody. We believe Many organizations and members of Con- and Guantanamo. that the person entrusted to be the highest gress are content to simply ask ‘‘tough ques- The Administration continues to withhold law enforcement officer in our country must tions’’ of Mr. Gonzales but not oppose his critical documents that could show the ex- not be someone who has shown such blatant nomination. At the Center for Constitutional tent of Mr. Gonzales’s involvement in setting disdain for the rule of law as Chief Counsel Rights, we firmly believe that a man who the above policies. We believe that all rel- to the President of the United States. To helped destroy our nation’s moral standing evant documents should be disclosed to the confirm Mr. Gonzales would send the wrong in the eyes of the world, endangered our American people, and that the President signal to the nation and the world. It would troops and dismantled centuries of carefully should clarify or waive any purported claims be tantamount to condoning torture. developed international standards of law of privilege. We strongly believe that the The evidence of Mr. Gonzales’s efforts to must not be rewarded with a promotion. Senate cannot meet its constitutional obli- evade or circumvent domestic and inter- Tough questions are not enough. We have a

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Accord- The 1949 treaty notes that a violation of fice of Legal Counsel and its own general ingly, we call upon Americans of all political this particular provision constitutes a counsel’s office to transfer, interrogate and persuasions who oppose torture and are ‘‘grave breach’’ of the accord, and thus a detain individuals suspected of terrorist ac- eager to restore our nation’s good name in ‘‘war crime’’ under U.S. federal law, accord- tivities at a series of undisclosed locations the world to join in a massive mobilization ing to a footnote in the Justice Department around the world. to stop the confirmation of Alberto Gonzales draft. ‘‘For these reasons,’’ the footnote According to current and former agency of- as Attorney General of the United States. reads, ‘‘we recommend that any con- ficials, the CIA has a rendition policy that MORE ON GONZALES: templated relocations of ‘protected persons’ has permitted the agency to transfer an un- known number of suspected terrorists cap- According to Newsweek, Mr. Gonzales con- from Iraq to facilitate interrogation be care- tured in one country into the hands of secu- vened a series of meetings with Defense De- fully evaluated for compliance with Article rity services in other countries whose record partment General Counsel William Hayes, 49 on a case by case basis.’’ It says that even of human rights abuse is well documented. Vice Presidential Counsel David Addington, persons removed from Iraq retain the trea- ty’s protections, which would include hu- These individuals, as well as those at CIA de- and counsel from the CIA and the Justice tention facilities, have no access to any rec- Department, where they discussed specific mane treatment and access to international monitors. ognized legal process or rights. torture techniques they deemed acceptable The scandal at Abu Ghraib, and the inves- for use against Al Qaeda leadership, includ- During the war in Afghanistan, the admin- istration ruled that al Qaeda fighters were tigations and congressional hearings that ing mock burial, ‘‘water boarding’’—where followed, forced the disclosure of the Penta- the victim is made to feel that they are not considered ‘‘protected persons’’ under the convention. Many of them were trans- gon’s behind-closed-doors debate and classi- drowning—and the threat of more brutal in- fied rules for detentions and interrogations terrogations at the hands of other nations. ferred out of the country to the naval base in Guantanamo Bay, Cuba, and elsewhere for at Guantanamo Bay and in Afghanistan and Indeed, the latter, a practice known as ‘‘ex- Iraq. Senior defense leaders have repeatedly traordinary rendition’’ has sent many sus- interrogations. By contrast, the U.S. Govern- ment deems former members of Saddam Hus- been called to explain and defend their poli- pects to countries like Egypt, Jordan and cies before Congress. But the CIA’s policies Syria, previously far more experienced in the sein’s Baath Party and military, as well as insurgents and other civilians in Iraq, to be and practices remain shrouded in secrecy. techniques of torture than the U.S. The only public account of CIA detainee The Center for Constitutional Rights has protected by the Geneva Conventions. International law experts contacted for treatment comes from soldier testimony and seen the effects of Mr. Gonzales’s policies in Defense Department investigations of mili- this article described the legal reasoning all too much detail. We represent many of tary conduct. For instance, Army Maj. Gen. contained in the Justice Department memo the men, women and children held and tor- Antonio M. Taguba’s report on Abu Ghraib tured at the hands of U.S. personnel at Abu as unconventional and disturbing. ‘‘The overall thrust of the Convention is to criticized the CIA practice of maintaining Ghraib, Guantanamo Bay, and elsewhere. In keep from moving people out of the country ‘‘ghost detainees’’—prisoners who were not addition, the U.S. has an unknown number of and out of the protection of the Conven- officially registered and were moved around ghost detainees, hidden from the Inter- inside the prison to hide them from Red tion,’’ said former senior military attorney national Red Cross, at spots around the Cross teams. Taguba called the practice ‘‘de- Scott Silliman, executive director of Duke globe: we can only imagine the treatment ceptive, contrary to Army doctrine and in University’s Center on Law, Ethics and Na- they are receiving. violation of international law.’’ In their scathing critique of Mr. Gonzales’s tional Security. ‘‘The memorandum seeks to Gen. Paul J. Kern, who oversaw another writings, The Washington Post linked him create a legal regime justifying conduct that Army inquiry, told Congress that the num- directly to the tortures at Abu Ghraib and the international community clearly con- ber of CIA ghost detainees ‘‘is in the dozens, called his legal positions ‘‘damaging and er- siders in violation of international law and to perhaps up to 100.’’ roneous.’’ Making Alberto Gonzales the At- the Convention.’’ Silliman reviewed the doc- The March 19, 2004, Justice Department torney General of the United States would be ument at The Post’s request. memo by Goldsmith deals with a previously The CIA, Justice Department and the au- a travesty. It would mean taking one of the unknown class of people—those removed thor of the draft opinion, Jack L. Goldsmith, legal architects of an illegal and immoral from Iraq. former director of the Office of Legal Coun- policy and installing him as the official who It is not clear why the CIA would feel the sel, declined to comment for this article. is charged with protecting our constitutional need to remove detainees from Iraq for inter- CIA officials have not disclosed the identi- rights. rogation. A U.S. Government official who ties or locations of its Iraq detainees to con- has been briefed on the CIA’s detention prac- [From the Washington Post, Oct. 24, 2004] gressional oversight committees, the De- tices said some detainees are probably taken fense Department or CIA investigators who to other countries because ‘‘that’s where the MEMO LETS CIA TAKE DETAINEES OUT OF are reviewing detention policy, according to IRAQ agency has the people, expertise and interro- two informed U.S. Government officials and gation facilities, where their people and pro- (By Dana Priest) a confidential e-mail on the subject shown to grams are in place.’’ At the request of the CIA, the Justice De- The Washington Post. The origin of the Justice Department partment drafted a confidential memo that White House officials disputed the notion memo is directly related to the only publicly authorizes the agency to transfer detainees that Goldsmith’s interpretation of the treaty acknowledged ghost detainee, Hiwa Abdul out of Iraq for iterrogation—a practice that was unusual, although they did not explain Rahman Rashul, nicknamed ‘‘Triple X’’ by international legal specialists say con- why. ‘‘The Geneva Conventions are applica- CIA and military officials. travenes the Geneva Conventions. ble to the conflict in Iraq, and our policy is Rashul, a suspected member of the Iraqi One intelligence official familiar with the to comply with the Geneva Conventions,’’ Al-Ansar terrorist group, was captured by operation said the CIA has used the March White House spokesman Sean McCormick Kurdish soldiers in June or July of 2003 and draft memo as legal support for secretly said. turned over to the CIA, which whisked him transporting as many as a dozen detainees The Office of Legal Counsel also wrote the to Afghanistan for interrogation. out of Iraq in the last six months. The agen- Aug. 1, 2002, memo on torture that advised In October, White House counsel Alberto cy has concealed the detainees from the the CIA and White House that torturing al R. Gonzales asked the Office of Legal Coun- International Committee of the Red Cross Qaeda terrorists in captivity abroad ‘‘may be sel to write an opinion on ‘‘protected per- and other authorities, the official said. justified,’’ and that international laws sons’’ in Iraq and rule on the status of The draft opinion, written by the Justice against torture ‘‘may be unconstitutional if Rashul, according to another U.S. Govern- Department’s Office of Legal Counsel and applied to interrogations’’ conducted in the ment official involved in the deliberations. dated March 19,2004, refers to both Iraqi citi- war on terrorism. President Bush’s aides re- Goldsmith, then head of the office, ruled zens and foreigners in Iraq, who the memo pudiated that memo once it became public that Rashul was a ‘‘protected person’’ under says are protected by the treaty. It permits this June. the Fourth Geneva Convention and therefore the CIA to take Iraqis out of the country to The Office of Legal Counsel writes legal had to be brought back to Iraq, several intel- be interrogated for a ‘‘brief but not indefi- opinions considered binding on federal agen- ligence and defense officials said. nite period.’’ It also says the CIA can perma- cies and departments. The March 19 docu- The CIA was not happy with the decision, nently remove persons deemed to be ‘‘illegal ment obtained by The Post is stamped according to two intelligence officials. It aliens’’ under ‘‘local immigration law.’’ ‘‘draft’’ and was not finalized, said one U.S. promptly brought Rashul back and sus- Some specialists in international law say official involved in the legal deliberations. pended any other transfers out of the coun- the opinion amounts to a reinterpretation of However, the memo was sent to the general try. one of the most basic rights of Article 49 of counsels at the National Security Council, At the same time, when transferring the Fourth Geneva Convention, which pro- the CIA and the departments of State and Rashul back to Iraq, then-CIA Director tects civilians during wartime and occupa- Defense. George J. Tenet asked Defense Secretary tion, including insurgents who were not part ‘‘The memo was a green light,’’ an intel- Donald H. Rumsfeld not to give Rashul a of Iraq’s military. ligence official said. ‘‘the CIA used the memo prisoner number and to hide him from Inter- The treaty prohibits ‘‘[i]ndividual or mass to remove other people from Iraq.’’ national Red Cross officials, according to an forcible transfers, as well as deportations of Since the Sept. 11, 2001, attacks, the CIA account provided by Rumsfeld during a June protected persons from occupied territory has used broad authority granted in a series 17 Pentagon news conference. Rumsfeld com- . . . regardless of their motive.’’ of legal opinions and guidance from the Of- plied.

VerDate Aug 04 2004 05:27 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.018 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S859 As a ‘‘ghost detainee,’’ Rashul became lost one of the first two minority lawyers even for the children of wealthy or in the prison system for seven months. to become a partner in that firm. middle-class families. It is also not Rumsfeld did not fully explain the reason He also took time from his private easy to become a partner in a law firm he had complied with Tenet’s request or practice to teach law classes at the or to serve in high-ranking Govern- under what legal authority he could have University of Houston. Judge Gonzales ment positions, no matter what your kept Rashul hidden for so long. ‘‘We know from our knowledge that [Tenet] has the au- then left behind a well-paying private background happens to be. But Judge thority to do this,’’ he said. practice to become general counsel to Gonzales overcame all the hurdles in Rashul, defense and intelligence officials President Bush when he was Governor his past and achieved what few have noted, had not once been interrogated since of Texas. As general counsel, Judge achieved. he was returned to Iraq. His current status is Gonzales earned the trust and con- I hope that his story is noticed by all unknown. fidence of the Governor, who then ap- who want to achieve great things in In the one-page October 2003 interim ruling pointed him secretary of state. After our country. In America, opportunities that directed Rashul’s return, Goldsmith serving as secretary of state, Judge are boundless, and Alberto Gonzales is also created a new category of persons in Gonzales was appointed to the supreme proof of that. Iraq whom he said did not qualify for protec- court of the great State of Texas. He I am glad to support Judge tion under the Geneva Conventions. They are Gonzales’s nomination to be Attorney non-Iraqis who are not members of the heard cases on that court until Gov- former Baath Party and who went to Iraq ernor Bush was elected President and General. I may not agree with him on after the invasion. asked Judge Gonzales to serve him as every issue in the future, but I am con- After Goldsmith’s ruling, the CIA and White House Counsel, one of the most fident that President Bush has chosen Gonzales asked the Office of Legal Counsel important legal jobs in this Nation. an honorable and distinguished lawyer for a more complete legal opinion on ‘‘pro- That job as White House Counsel be- and public servant whom he can trust tected persons’’ in Iraq and on the legality of came even more important after Sep- to be our Nation’s top law enforcement transferring people out of Iraq for interroga- tember 11 when our Government had to officer. tion. ‘‘That case started the CIA yammering This is a critical and opportunistic to Justice to get a better memo,’’ said one rethink our approach to fighting ter- rorism and terrorists and securing the time for America. We need the best of intelligence officer familiar with the inter- the best to serve in this Cabinet, par- agency discussion. homeland. Michael Byers, a professor and inter- It is clear that Judge Gonzales has ticularly at the Attorney General level national law expert at the University of strong experience in all legal areas. As as the chief law enforcement officer in British Columbia, said that creating a legal a practicing lawyer, he learned the pri- these United States. Judge Alberto justification for removing protected persons vate side of the justice system and Gonzales is that person. I urge my col- from Iraq ‘‘is extraordinarily disturbing.’’ what it was like to deal with the Gov- leagues to support his nomination. ‘‘What they are doing is interpreting an ex- I yield the floor, and I suggest the ab- ernment on a regular basis. As sec- ception into an all-encompassing right, in sence of a quorum. retary of state and general counsel to one of the most fundamental treaties in his- The PRESIDING OFFICER (Mr. EN- tory,’’ Byers said. The Geneva Convention the Governor of Texas, he received ex- SIGN). The clerk will call the roll. ‘‘is as close as you get to protecting human ecutive experience and learned man- The legislative clerk proceeded to rights in times of chaos. There’s no ambi- agement skills that will serve him well call the roll. guity here.’’ as head of the Department of Justice. Mr. HATCH. Mr. President, I ask Mr. REED. I suggest the absence of a As a judge, he learned the workings of unanimous consent that the order for quorum. the third branch of the Government the quorum call be rescinded. The PRESIDING OFFICER. The and what the Department will have to The PRESIDING OFFICER. Without clerk will call the roll. confront when dealing with the courts. objection, it is so ordered. The legislative clerk proceeded to Finally, as White House Counsel, Mr. HATCH. Mr. President, I have call the roll. Judge Gonzales participated in the cre- been listening closely to my col- Mr. BUNNING. Mr. President, I ask ation of our strategies for fighting ter- leagues, and I fear that sometimes in unanimous consent that the order for rorism and terrorists at home and this debate we may just be missing the the quorum call be rescinded. abroad, and he will carry that vision forest for the trees. By focusing almost The PRESIDING OFFICER. Without and experience into our Nation’s top exclusively on allegations regarding objection, it is so ordered. law enforcement job. the Convention Against Torture, which Mr. BUNNING. Mr. President, I rise This is the unique part of the Judge is an important issue, to be sure, Judge to support the nomination of Judge Alberto Gonzales story. It is not just Gonzales’s critics seem to have forgot- Alberto Gonzales to be Attorney Gen- his legal experience and public service; ten that we are debating a nomination eral of the United States. it is also a story of hard work and liv- for the position of Attorney General of Judge Gonzales is a dedicated public ing the American dream. the United States of America. Judge Gonzales is the first Hispanic servant and a legal professional who One would think, for example, that nominated to be Attorney General. has earned the trust of the President, all of my colleagues would join me in This is noteworthy and a great accom- being supportive of the prospect of our and he deserves to be confirmed. I have plishment, and it reveals not just the Nation’s civil rights laws being en- worked personally with Judge Gonzales greatness of Judge Gonzales’s life, but forced by a citizen who grew up on the since he joined the administration, and it also reveals the opportunities our wrong side of the tracks and has I have a great deal of respect for him. country provides to those willing to worked his way up the hard way. I am In 2001 and 2002, Kentucky had an ur- work hard and dare to achieve. one of many who is pleased at the pros- gent need to fill several district court He was raised as one of eight children pect of Judge Gonzales enforcing our vacancies in the eastern district of of migrant workers who barely spoke civil rights laws. Kentucky, and Judge Gonzales was English. His parents did not graduate It was not that long ago that we did very helpful and worked with Senator from high school. He began working at not even have a Civil Rights Division MCCONNELL and myself to quickly fill age 12 to help the family get by. at Justice. Today, the public servants those vacancies. This ensured that our College seemed like a distant dream there do very important work. Whether courts in Kentucky continued to func- in his youth, so he joined the Air they are working to guarantee the tion and serve the people well. Force. He was then accepted to the Air right to vote, protecting the freedom of Judge Gonzales has an impressive Force Academy and then moved to worship, or preventing human traf- and broad legal and public service Rice University. After that came law ficking, the 21st century version of background. After a distinguished aca- school and his distinguished career. slavery, these career lawyers are deter- demic career, including a degree from The fact that young Alberto was able mined to extend the principle of equal- Harvard Law School, Judge Gonzales to raise himself out of such underprivi- ity under the law to all Americans re- joined one of Houston’s most reputable leged beginnings is a testament to his gardless of race, creed, or color. law firms. His hard work and intel- hard work and values he learned as a Alberto Gonzales shares that com- ligence helped him quickly to become a child. mitment to the principle of equal jus- partner in that law firm. That feat is It is not easy to graduate from one of tice under the law. Instead of launch- even more impressive because he was America’s most admired law schools, ing unfounded accusations that Judge

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NLRB. attempt to hold Judge Gonzales re- sity of experience that he would bring The Court held that employees who sponsible for a memo that he did not to this position is remarkable. His per- present false documents to their em- write, prepared by an office he did not sonal story is a testament to the op- ployers in order to establish employ- run, in a Department in which he did portunity afforded in this great coun- ment eligibility are not entitled to the not work, that provided legal advice try by the guarantees of freedom and remedy of backpay when their employ- that President Bush did not follow. equality. ers violate Federal labor law. Yet That argument is a very thin brew. But Through his role in the judicial Judge Gonzales insisted that the deci- some of my friends across the aisle are nominations process as White House sion: still throwing political spaghetti at the Counsel, Judge Gonzales has made it . . . will not prevent the administration wall hoping something will stick. clear that diversity in Government is a from fully enforcing core labor protections The senior Senator from New York, desirable goal. I worked with him for 4 against employers, regardless of the status for example, wants to drag Judge years on judicial nominations, so I of their employees. Gonzales into our internal Senate de- know firsthand of his thoughts and ac- When he made this statement at a bate over filibusters of majority-sup- tions on bringing diversity to our Fed- meeting of MALDEF, the Mexican ported judicial nominations. In the Ju- eral bench. When working on behalf of American Legal Defense and Education diciary Committee hearing on January the American people, a personal appre- Fund, I am told that one could sense 6 and the markup on January 26 and ciation of their everyday trials and the passion of a person with a genuine again on this floor yesterday, the dis- dreams can only make one a better appreciation of the noble sacrifice and tinguished Senator from New York has public servant. For that reason, I sup- the hard labor of the working poor. demanded to know Judge Gonzales’s pose, he explained at the National His- Judge Gonzales is going to lead the opinion on whether these filibusters panic Leadership Summit, that we Justice Department. are constitutional. must ‘‘go the extra mile’’ when seeking His personal commitment to justice Senator SCHUMER says the answer diversity in public service. Certainly is deeply rooted. I know the time pres- will ‘‘weigh heavily in my decision this administration has been doing sures that attorneys face and yet Judge whether to support his confirmation.’’ that, and he has been a pivotal part of Gonzales has never let the demands of Judge Gonzales’s answer has been clear that. his profession or his career stand in the and consistent, and it is both clearly There is no doubt that Judge way of his voluntary service to his and consistently correct. He said in the Gonzales will bring these experiences community. hearing that this issue is ‘‘an internal to bear at his new job. Lynne Liberato, Somehow, in the midst of building a Senate matter.’’ a partner in the Houston office of successful law practice and second ca- Now, that is the right answer, be- Haynes & Boone, and a former presi- reer as a public servant, he found time cause it is what the Constitution says. dent of the State bar of Texas and the to serve as director of Catholic Char- In article 1, section 5, the Constitution Houston Bar Association has said that ities and of Big Brothers Big Sisters. gives each House of the Congress the Judge Gonzales: As Lynne Liberato explained in the power to ‘‘determine the rules of its . . . has always been a person of good judg- Houston Chronicle: proceedings.’’ ment, kindness, and moderation. He has ex- As a young lawyer, Al was committed to Judge Gonzales did not remind us of perienced the prejudice endured by Mexican the education of minority kids. While a the at least four instances where the Americans. These experiences enhanced his young associate at Vinson & Elkins he was constitutional option was utilized in judgment and fueled his compassion. instrumental in establishing the Vinson & Elkins Minority Scholarship. When asked by the Senate to stop an unjust, unconsti- Now this is not lost on groups rep- local Hispanic leaders to work on a com- tutional filibuster. No, he did not do resenting Hispanic Americans. It is mittee to address the issue of the large num- that. He just said it is up to the Sen- certainly not lost on LULAC, the ber of Hispanic dropouts, Al devoted his time ate; the Senate should set its rules. League of United Latin American Citi- to the establishment of the Hispanic Career That is what the Constitution says. zens, which has strongly supported and Education Day. Both of these programs As the Supreme Court unanimously Judge Gonzales and believes that he are still helping kids. held more than a century ago, in exer- will uphold the 1965 Voting Rights Act Judge Gonzales is committed to civil cising this authority we may not ig- making certain that all Americans can rights and the establishment of justice nore constitutional restraints. That is fully participate in the Democratic for all of our citizens, and so it is un- a given. But both the authority to de- process. To me, that is the most impor- fortunate that some of my colleagues termine our rules and our responsibil- tant civil rights act in history. have allowed their opposition to the ities to meet constitutional standards Listening to Judge Gonzales’s per- President’s prosecution of the war on are entirely ours so long as our rules sonal story, one discovers a person terror to cloud their judgment in this do not contravene another constitu- committed to the idea that if people case. Judge Gonzales will be our Na- tional requirement. are only treated equally, the opportu- tion’s chief law enforcement officer. As The House of Representatives has nities afforded by America are bound- such, he will be called upon to enforce nothing to say about our rules in the less. His father built their house with our civil rights statutes and his long Senate, and the executive branch does his own hands. My dad did ours. His track record leaves no doubt that he not either, and Alberto Gonzales recog- dad worked any job that was available will do so vigorously. His nomination nized these principles. to him in order to support his family. is a milestone in American history and Judge Gonzales is not like the profes- So did my dad. He picked crops as a mi- his confirmation will be remembered in sors who opined in hearings on this grant worker, worked in construction, our Hispanic communities for genera- issue. Nor does he work for the Senate as my dad did, and was part of a main- tions. legal counsel or for the Parliamen- tenance crew at a rice mill. As a proud member of the party of tarian waiting in the wings to give his One gets the sense from listening to Abraham Lincoln, I remain committed opinion on any issue any Senator Judge Gonzales that his father did to a serious civil rights agenda. I wish might raise. He is Counsel to the Presi- these things knowing that if only he my friends across the aisle would put dent of the United States of America. and his family were given a fair shake partisanship aside and recognize that He comes before us wearing that hat. they would find success in America. Judge Gonzalez would make a historic He has been nominated to be the next Let me just say that my father never contribution to our Nation’s con- Attorney General of the United States met Judge Gonzales’s father but it tinuing struggle to be a more just po- of America. Both positions are in the sounds to me that they would have had litical community. executive branch, which has no role

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.053 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S861 whatsoever in determining how the vacancies in New York, he somehow in America who is interested in this Senate sets its internal procedural finds Judge Gonzales to be unfit for the country and who understands what is rules. office of Attorney General. Selecting going on here is watching this with a So Judge Gonzales’s answer was not judges has been one of the most vexa- great deal of interest. It is amazing only correct on its face, but it dem- tious issues that any President and any how some can be so in favor of minori- onstrated his respect for the funda- Senate face. Judge Gonzales has a ties and yet whenever the minority mental principle of the separation of proven track record of working effec- might be—in this case moderate, but powers. In my view, he correctly be- tively with Senator SCHUMER on New representing a conservative Presi- lieves it is not appropriate to accept York judicial vacancies. dent—that for some reason or other, any invitation that comes along to I think it is fair to call Senator they are just not worthy to hold these speculate and postulate about issues SCHUMER one of the most energetic positions? that the Constitution expressly re- Members of the Senate with respect to It was explained in the Judiciary moves from his jurisdiction. judicial nominations, whether you Committee, Judge Gonzales under- In his January 6 hearing, Senator agree with him or not. It seems to me stands the differences between the role SCHUMER asked Judge Gonzales about that Judge Gonzales’s ability to work of the White House Counsel and the the filibusters, after insisting that the with my friend from New York so suc- role of Attorney General. Over the words of the Constitution should be our cessfully on these contentious issues course of our history there have been standard on such issues. Keep in mind bodes well for his abilities to continue several individuals who have been close these are the first filibusters of judges, to work closely with the Senate once advisers and friends of the President of Federal judges, in the history of this he is confirmed. and have gone on to serve successfully country in over 200 years. Several of my colleagues have stood as Attorney General. In President Rea- If the words of the Constitution mat- on this floor and suggested—sometimes gan’s administration, Attorney Gen- ter, then nothing could be more com- even flatly asserted—that Judge eral Meese wore both hats with great pelling than the Constitution’s assign- Gonzales lacks or will lack the nec- distinction. Earlier than that, Robert ment of rulemaking authority right essary independence from the White Kennedy, brother of the President of here in the Senate. Judge Gonzales’s House if he were to become Attorney the United States, proved capable of answer was grounded correctly in the General of the United States of Amer- separating his role of serving the text of the Constitution. For this rea- ica. American people from his unique rela- son, I was more than a little surprised I cannot reach into the hearts and tionship with his brother, President yesterday to hear the distinguished minds of those making these state- John F. Kennedy. Senator from New York, Mr. SCHUMER, ments, but to me this suggestion is un- Frankly, I doubt that any Attorney say on this floor that Judge Gonzales’s adulterated bunk, sheer hokum. It is General was closer to the President principled answer to this politically asking us to disprove a negative. It is than Attorney General Robert Kennedy motivated question suggests that he the type of argument that is made was to President John F. Kennedy. The would not be independent as Attorney when meritorious arguments are un- historical record reveals that this issue General. available. was a matter of debate and concern by Give me a break. Frankly, as one The charge that Judge Gonzales will some prior to the confirmation of At- who believes that my colleagues across not exercise his best judgment on be- torney General Kennedy. In the same the aisle are using the current rules of half of the American public is ground- way that Robert Kennedy did not allow the Senate to filibuster judicial nomi- less. Judge Gonzales is an accom- his closeness to the President to inter- nations in an unwise, unfair, unprece- plished lawyer, one recognized by the fere with his legal judgment, I am fully dented, and unconstitutional manner, alumni association at his alma mater, confident, and I think everybody who there may have been some short-term the Harvard Law School, one of the knows Alberto Gonzales is confident, political benefits to have the next At- greatest law schools in the country. He that Alberto Gonzales’s relationship torney General publicly side with me practiced at one of the most pres- with President Bush will not impede on this important issue. But Judge tigious and respected law firms in the his ability to serve as a fair and effec- Gonzales wisely did not join in this United States of America, Vinson and tive Attorney General of the United fray, even though it could have been Elkins. He was a partner there. States of America. politically advantageous to the Presi- As many speakers before me have In fact, that Judge Gonzales has the dent and Republican Senators if he just noted, including Senator SPECTER and President’s ear and full confidence can came out on our side. Senator SESSIONS, a good lawyer is one only help achieve the Department of I asked those who questioned his who knows who his client is and rep- Justice’s priorities in the same way independence and his ability to sepa- resents him well. What is it about that the Department of Justice played rate himself from the political inter- Judge Gonzales that makes some peo- a prominent role in the Kennedy ad- ests of the President, what could be ple believe that he is somehow incapa- ministration. more independent than insisting that ble of making the simple distinctions, I am quite confident that Judge the constitutional separation of powers distinctions made by lawyers every Gonzales will serve the American pub- takes precedence over the politics of day? Is it prejudice? Is it a belief that lic and enforce the law in a fair manner the moment? a Hispanic American should never be in for all of our citizens. I am not certain This is an odd way to look at inde- a position like this—because he will be why anybody would suggest that Judge pendence. On the one hand, Senator the first one ever in a position like Gonzales is somehow incapable of dis- SCHUMER wants Judge Gonzales as At- this? Is it a belief that only liberal His- tinguishing his role as Attorney Gen- torney General to be independent from panics should be confirmed? Or is it be- eral of the United States from his role the President at whose pleasure any cause he has been an effective Counsel as Counsel to the President. He made it Cabinet member serves. Then on the to the President of the United States, quite clear in his confirmation hearing other side, Senator SCHUMER objects who many on the other side do not that he understood the obligations of when Judge Gonzales, as Counsel to the like? Or is it because he is constantly his new office. Here is what he said: President, shows a little independence mentioned for the Supreme Court of I do very much understand that there is a from Senator SCHUMER by refusing to the United States of America? Or is it difference in the position of counsel to the be pulled into a political dispute en- that they just don’t like Judge President and that of Attorney General of tirely outside the jurisdiction of the Gonzales? I find that that is not pos- the United States. . . . As counsel to the executive branch. sible because you can’t help but like President, my primary focus is on providing What is even more disheartening to him. He is a fine, enjoyable, friendly counsel to the White House and to the White me is that even though the distin- House staff and the President. I do have a man. client who has an agenda and part of my role guished Senator from New York has I do not agree with those who insinu- as counsel is to provide advice that the worked closely and cooperatively with ate that he cannot handle this job or President can achieve that agenda lawfully. Judge Gonzales in resolving their dif- that he will not do it in the best pos- It is a much different situation as Attorney ferences with respect to filling judicial sible manner. I believe every Hispanic General, and I know that. My first allegiance

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.054 S02PT1 S862 CONGRESSIONAL RECORD — SENATE February 2, 2005 is going to be to the Constitution and to the He was always reasonable, he was al- a distinguished career as a lawyer, who laws of the United States. ways moderate in his approach, and he came from poverty to the heights of You know, I think he ought to be always listened—exactly what we strength and success in this greatest of taken at his word. We have done it for would hope the Attorney General of all nations, and he too gets treated like countless others whom we have con- the United States would be like. dirt. And I personally resent it. firmed here in this body. But for some Further, during his opening state- Let me conclude these remarks by re- reason some on the other side actually ment at his confirmation hearing, stating my support for Alberto believe that he might not be capable of Judge Gonzales indicated that ‘‘[with] Gonzales. He has the education, he has doing this job. Or if he is, then he the consent of the Senate, [he] w[ould] the experience, and he has the char- might not do it properly. Or, if he no longer represent only the White acter to be the next Attorney General doesn’t do that, then he might be so House; [he] w[ould] represent the of the United States, and he deserves much in his President’s pocket that he United States of America and its peo- the support of the Senate. won’t uphold the law, which he has al- ple.’’ I believe that those who vote against ways done. Knowing Judge Gonzales, he meant him—I hope nobody does, I would be so It is ridiculous. What is the reason that. pleased if nobody did, but those who for this opposition? I don’t know what Finally, Judge Gonzales explained at vote against him, I believe people it is. But I have listed a few things it his hearing that his responsibility as throughout this country have to look could be. Judge Gonzales’s service on Attorney General would be to ‘‘pursue at what they have done with disdain, the Texas Supreme Court should prove justice for the all the people of our with concern, and with intelligent eyes to anyone interested his ability to be great Nation, to see the laws are en- and determine why they voted against independent from then-Governor and forced in a fair and impartial manner somebody of this quality. Why would now-President Bush. for all Americans.’’ I believe it is clear they make some of these arguments In response to questions for the that Judge Gonzales understands the that are clearly fallacious with regard record from Senator KENNEDY, the dis- obligations associated with the posi- to Judge Gonzales? tinguished Senator from Massachu- tion of Attorney General of the United I suggest the absence of a quorum. setts, Judge Gonzales stated that he States, and he is uniquely qualified to The PRESIDING OFFICER. The ‘‘would enforce the law fairly and follow in the footsteps of the able and clerk will call the roll. equally on behalf of all Americans.’’ distinguished men and women who The legislative clerk proceeded to Senator KENNEDY raised all of these have preceded him. call the roll. torture memoranda as though Judge I know the other side does not want Mr. ALLARD. Mr. President, I ask Gonzales wrote them. any Republican on the Supreme Court unanimous consent that the order for He wasn’t in the Justice Department. of the United States of America. I can- the quorum call be rescinded. He wasn’t in the office of legal counsel. not blame them for that. We do not The PRESIDING OFFICER (Mr. He wasn’t the person who wrote them. share the same philosophy, by and SUNUNU). Without objection, it is so or- He didn’t represent the Justice Depart- large, as the liberal philosophy they dered. ment. But he did have a relationship to espouse. On the other hand, in times Mr. ALLARD. Mr. President, it is the February 7, 2002, memorandum past Republicans have confirmed lib- with great pride that I rise today in where the President said that all pris- erals to the U.S. Supreme Court with- support of the President’s nominee for oners, whether or not they were subject out putting them through these types Attorney General, Judge Alberto R. to the Geneva Conventions, had been of machinations that have despoiled Gonzales. Judge Gonzales is an honor- treated ‘‘humanely.’’ their character. We have supported the able man who will bring great integrity People can have different views on President of the United States. We to the office of Attorney General. Few the Bybee memoranda, and other have not filibustered judges. We did not nominees have come before this body memoranda that have been quoted here smear great legal intellectuals like who have demonstrated the intel- as though Judge Gonzales had anything Robert Bork. I can name many others, ligence, commitment, and virtue of to do at all with them, but Judge including the current Chief Justice of Judge Alberto Gonzales. Gonzales’s opinion, which he gave the the United States, one of the finest The biography of Judge Alberto President, was that they should be men who ever served in the judiciary of Gonzales reads like a blueprint of the treated humanely. this country, who had a distinguished true American success story. He was Why do they insist on these points? public service record before his nomi- born August 4, 1955 in San Antonio, TX. Why has torture become the big point nation but was smeared during the Ju- The second of eight children, a young of debate on the floor of the Senate? diciary Committee hearings and on the Alberto was raised in a warm, family There is only one reason: to undermine floor of the Senate. My party did not environment. His parents, a scant 8 the President of the United States. resort to these tactics. I would be dis- years of formal education between Just think about it. Why would we do appointed if we did. them, taught their kids the value of that publicly as Senators? Why would Here we have a chance to confirm a hard work and persistence. It was in we do that, especially since we all man who is a decent man, who is of Humble, TX, a small town north of know that these were rogue elements Hispanic origin, the first Hispanic ever Houston, that Alberto Gonzales who have done these awful things? We to be nominated to one of the big four watched his father Pablo, a migrant all condemn them. But why would we Cabinet positions. Why can’t my worker, and two of his uncles build the do this? Some people think that these friends who oppose him recognize that two-bedroom house in which he and his statements are so bad, that they give and recognize the historic nature of siblings grew up. It is the same house comfort to the enemy. I do not go that this nomination, recognize his great in which his mother resides today. far. But why have they used distortions ability, recognize his decency, recog- Gonzales graduated from public high to try to stop Judge Gonzales? Why nize his fairness in working with them, school in Houston in 1973. Having never would they do that? and recognize that this man will make considered college a realistic possi- He is a moderate man. He is an ac- a difference for all Americans, as he bility and full of desire to learn and see complished man. He is a decent man. has as White House Counsel? the world, Alberto Gonzales enlisted in We have had 4 years of experience with Is the hatred for the President so bad the Air Force. He was assigned to Ft. him. He has done a great job down they transfer it to somebody as decent Yukon, AK, where he became inspired there as White House Counsel. He has as Judge Gonzales after years of com- to apply for an appointment to the been up here before every Senator on plaints about John Ashcroft? He has United States Air Force Academy. Spe- the Judiciary Committee, eight of been a wonderful Attorney General, in cial arrangements were made for whom voted against him, and he ac- my eyes. After years of complaining Gonzales to take his ACT and the commodated them in every way he pos- about him because he is too conserv- Academy’s required physical examina- sibly could. Sometimes he couldn’t do ative, all of a sudden you have a mod- tion while still stationed in Alaska. what they wanted him to do, but the erate Hispanic man who has a distin- Gonzales was rewarded with orders to fact is he was always accommodating. guished public service record, who has report to the Academy at Colorado

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.056 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S863 Springs, CO in 1975 to pursue his dream Council of Young Political Leaders to We are engaged in a war without bor- of becoming a pilot in the United Mexico in 1996 and to the People’s Re- ders against a foe that knows no States Air Force. public of China in 1995. He served on bounds in its cruelty. Innocents killed Alberto Gonzales excelled in his first the board of directors of Catholic Char- for going to work on a sunny Sep- year at Colorado Springs but found he ities, Big Brothers and Big Sisters, and tember morning, kidnap victims be- was more interested in politics and law the Houston Hispanic Forum. headed for publicity and fear, an entire than the engineering and science cur- Judge Gonzales has been the fortu- civic system indicted for having the riculum required by the Academy. nate recipient of many professional and nerve to believe in the liberty of the in- After much deliberation and consider- civic honors, including his 2003 induc- dividual. I find it hard to believe, but ation of the effort put forth to earn his tion into the Hispanic Scholarship Judge Alberto Gonzales is being treat- appointment to the Academy, he de- Fund Alumni Hall of Fame, and the ed by some in this chamber as if he was cided to pursue a career in the law. Good Neighbor Award from the United somehow responsible for the senseless Gonzales started at Rice University his States-Mexico Chamber of Commerce and violent acts of terrorists. More rea- junior year of college, graduating from for his dedication and leadership in sonable yet equally baseless are the Rice in 1979. After Rice, Gonzales at- promoting a civil society and equal op- criticisms that Judge Gonzales some- tended Harvard Law School where he portunity. Gonzales also received in how supports the use of barbaric and graduated in 1982. Gonzales returned to 2003 the President’s Awards from the medieval treatment of those appre- Houston as an associate at the law firm United States Hispanic Chamber of hended by the United States and sus- of Vinson & Elkins where he later be- Commerce and the League of United pected of engaging in terrorist activi- came one of the firm’s first two minor- Latin American Citizens. In 2002, he ties. ity partners. While in private practice, was recognized as a Distinguished A good example of the ludicrous Gonzales also taught as an adjunct law Alumnus of Rice University by the As- criticisms of Judge Gonzales, and one professor at the University of Houston sociation of Rice Alumni and was hon- my friend from Texas, Senator CORNYN Law Center and was actively involved ored with the Harvard Law School As- has rightly sighted in recent floor in numerous civic organizations. sociation Award. Gonzales was recog- statements, is the flimsy assertion It was at a meeting of Houston area nized as the 1999 Latino Lawyer of the that Judge Gonzales in advising Presi- minority leaders in 1994 that Alberto Year by the Hispanic National Bar As- dent Bush to deny prisoner of war sta- Gonzales first met President George W. sociation, and he received a Presi- tus to al-Qaida and Taliban terrorists Bush during the President’s first gu- dential Citation from the State Bar of is somehow a violator of the human bernatorial campaign. Several weeks Texas in 1997 for his dedication to ad- rights principles so essentially a part after being elected Governor, Bush dressing basic legal needs of the indi- of the American ethic. In his role ad- asked Gonzales to join his administra- gent. He was chosen as one of the Five vising the President on legal matters tion as his General Counsel, where he Outstanding Young Texans by the in the war on terror Alberto Gonzales served for 3 years. On December 2, 1997, Texas Jaycees in 1994, and as the Out- has never provided council regarding Gonzales was appointed Texas’ 100th standing Young Lawyer of Texas by the prisoners without insisting that their Secretary of State, serving as chief Texas Young Lawyers Association in treatment be humane in all instances. elections officer, the State’s leading li- 1992. Gonzales was honored by the According to the very Geneva Con- aison on Mexico and border issues, and United Way in 1993 with a Commitment vention these critics pretend to defend, senior adviser to the Governor. to Leadership Award, and received the only lawful combatants are eligible for Gonzales was appointed to the Texas Hispanic Salute Award in 1989 from the POW protections. Lawful combatants State Supreme Court in 1999, and was Houston Metro Ford Dealers for his must pass the smell test. They must elected to a full 6-year term on the work in the field of education. look like combatants. They do not hide court in 2000 with 81 percent of the When I began my remarks I sug- their weapons or their affiliations. vote. In January of 2001, Alberto gested that Alberto Gonzales was one They wear uniforms and they conduct Gonzales again heeded President of the most accomplished and qualified their operations in accordance with the Bush’s call to service and was commis- individuals ever to stand before this laws and customs of war. Civilians are sioned as counsel to the President. body for confirmation. In recent weeks to be treated as innocents. No stretch- This is an incredible journey from this body, and particularly the Senate ing or distorting of this definition can Humble, TX, to Ft. Yukon, AK, to the Judiciary Committee, has engaged in a turn terrorists in to lawful combat- Air Force Academy in Colorado to the rigorous, often exaggerated, examina- ants. In their eagerness to demean Ivy League. From private business and tion of Judge Gonzales life, his work, Judge Gonzales his critics fail to ac- civil leadership in Texas to being re- and character. Like all things that knowledge that neither al-Qaida nor cruited to serve in the administration take place inside the beltway, this ex- the Taliban militia are legally entitled of President Bush, Alberto Gonzales amination has bordered on the dra- to the Convention’s protections. They has led a life full of challenge, accom- matic, the overblown, and the overtly do not adhere to the required condi- plishment, and great success. As if this political. tions of lawful combat and are not a weren’t enough, Alberto Gonzales has Most of the criticism Judge Gonzales party to the Geneva Convention. This given back to his community and his has endured has not been related to his is not some arbitrary and convenient fellow Americans along the way. background, academic and professional conclusion. This is based in the very Alberto Gonzales was a trustee of the accomplishment, or his competency to text and structure of the text, the his- Texas Bar Foundation from 1996 to serve as this Nation’s highest law en- tory of the convention, and has been 1999, a director for the State Bar of forcement official. Indeed, the criti- affirmed by several Federal courts Texas from 1991 to 1994, and President cism has focused on very recent Amer- across the country. And this is what of the Houston Hispanic Bar Associa- ican history. Judge Gonzales, like they offer as evidence that Judge tion from 1990 to 1991. He was a director countless millions of Americans, was Gonzales is somehow unfit to serve as of the United Way of the Texas Gulf effectively called to service in a way Attorney General? Coast from 1993 to 1994, and President previously unimagined when a small Judge Gonzales and President Bush of Leadership Houston. In 1994, group of radical murderers attacked have repeatedly affirmed their respect Gonzales served as Chair of the Com- this Nation on September 11, 2001. Sep- for the humane but aggressive prosecu- mission for District Decentralization of tember 11, 2001 was an act of war by a tion of the war this country was the Houston Independent School Dis- group of men who recognize no law and dragged in to. Specific to the Geneva trict, and as a member of the Com- represent no nation. Terrorists who Convention Judge Gonzales testified, mittee on Undergraduate Admissions would attack innocent people around ‘‘honoring the Geneva Conventions for Rice University. Gonzales was Spe- the world and Americans here at home wherever they apply . . . I consider the cial Legal Counsel to the Houston Host sign no treaties, engage in no civil dis- Geneva Conventions neither obsolete Committee for the 1990 Summit of In- course, and disregard all bodies of or quaint.’’ The administration has dustrialized Nations, and a member of democratic government. This is an fully applied the Geneva Conventions’ delegations sent by the American ugly thing. These are difficult times. protections in Iraq because Iraq is a

VerDate Aug 04 2004 01:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.059 S02PT1 S864 CONGRESSIONAL RECORD — SENATE February 2, 2005 High Contracting Party to the Conven- traordinary record and dedication may Senator STABENOW has contended tions. There was never any question reveal more about the opponents than that Judge Gonzales has a reckless dis- about whether Geneva would apply in the nominee. Upon his confirmation regard for human rights—this decent Iraq, Judge Gonzales testified recently, Judge Gonzales will become the first man, who has seen discrimination in so there was no decision for the admin- Hispanic American to serve in this his life—that he has a reckless dis- istration to make. Yet in committing high post, yet another historic appoint- regard for human rights and has twist- to the legal study of engagement with ment by President George W. Bush. ed the law to allow torture. the Taliban militia and al-Qaida fight- Judge Gonzales is a man of great char- The truth is, Judge Gonzales has ers somehow Judge Gonzales is labeled acter who has and will continue to stated that every detainee should be as a radical and accused of malicious- serve this Nation with distinction. I treated humanely. In the only memo- ness only fairly attributed to the en- urge my fellow Americans to look at randum Judge Gonzales ever wrote, he emies of America. Judge Gonzales’s record and draw their provided prisoner-of-war status to Iraqi But the truth is not enough when own conclusions as to why some in this soldiers captured in Iraq, allowing there are political axes to grind. Mem- body find him to be so disagreeable to them the additional protections of a bers of the Senate Judiciary Com- their aims. It is clear to me what has prisoner of war under the Geneva Con- mittee and others have loudly asserted been happening here, just as it is clear ventions, even though they do not that the treatment of prisoners at Abu to me that Judge Gonzales will be con- qualify. Ghraib somehow represents U.S. and firmed despite the overtly political and The soldiers caught and captured administration policy. Like everyone shallow opposition he faces. right after the conclusion of hos- else in this Chamber I was startled by I am proud to rise in support of tilities, wearing a uniform, operating the photographs of prisoner mistreat- Judge Alberto Gonzales. His record of in units, they qualify as prisoners of ment at Abu Ghraib, but again we see service is indicative of the character, war. But these people who are sneaking a logical failure in connecting this in- integrity and energy he will bring to around, not in uniform, placing bombs cident of abuse with any policy set by the demanding and thankless job of At- against civilian people, against Iraqi the Department of Justice, Judge torney General. I look forward to citizens, against American soldiers, Gonzales or the President. ‘‘I have been working with Attorney General they do not meet the definition of the deeply troubled and offended by reports Gonzales, and I thank my colleagues Geneva Conventions. Therefore, they of abuse,’’ Judge Gonzales testified. for their time. really are not entitled legally to those ‘‘The photos from Abu Ghraib sickened Mr. President, I yield the floor and protections. But Judge Gonzales has and outraged me, and left a stain on suggest the absence of a quorum. said, and the President has agreed, our Nation’s reputation.’’ Judge The PRESIDING OFFICER. The that they will be given those protec- Gonzales testified at length on this clerk will call the roll. tions. The assistant legislative clerk pro- matter and the administration has Senator FEINSTEIN says Judge ceeded to call the roll. been nothing but clear that these iso- Gonzales did not answer the commit- Mr. SESSIONS. Mr. President, I ask lated acts were those of a small group tee’s questions properly, her questions. unanimous consent that the order for of misguided soldiers. These acts were the quorum call be rescinded. He really did answer them. I think the wrong and completely inconsistent The PRESIDING OFFICER. Without truth is that the Senator was with the policies and values of this objection, it is so ordered. unsatisfied with his answers because country. The Independent Panel to Re- Mr. SESSIONS. Mr. President, we they were, she said, not independent of view DoD Detention Operations found have had a lot of complaints on the the President. that the abuses depicted in Abu Ghraib floor about one of America’s most de- Let me ask, isn’t it most likely the photographs were not part of author- cent, fine public servants, Judge fact that Judge Gonzales and the Presi- ized interrogations but a representa- Gonzales, who served as Counsel to the dent agreed on these positions? This tion of deviant behavior and a failure President of the United States. It has issue has been taken to the American of military leadership and discipline. been really painful to hear what has people in the President’s reelection And still the critics of Judge been said. I, just for the record, would campaign. All these issues were de- Gonzales demand he be linked to these like to take a few minutes to respond bated and the American people af- roundly condemned and isolated acts. to some of these allegations that are firmed his leadership and his guidance While I am proud to rise in support of not fair, represent distortions, and in the war on terrorism. To say there is Judge Gonzales, I am dismayed at the really misrepresent him and attack his not enough distance between the Presi- atmosphere in which this nomination character unfairly. dent’s lawyer and the President is real- has been made and received by the Sen- Senator KENNEDY, for example, says ly an odd statement to make. Of ate. As millions of Americans know, in that Judge Gonzales was at the ‘‘epi- course, the lawyer and the President recent years we have witnessed a his- center’’ of a torture policy. As I have are together, I am sure not only legally torical hijacking of the President’s indicated earlier, Judge Gonzales has and professionally together on these power to appoint judges. While con- repeatedly and consistently opposed issues, but they share deep values to- troversy may not be new to the ap- torture. He has said it is not proper and gether. pointment process, the unprecedented not justified and has publicly stated Senator MIKULSKI claims that Judge filibuster of judges in this Chamber that we, as a nation, are committed to Gonzales was not cooperative in the last year flies boldly in the face of both the rule of law, to following our treaty nomination of judges to the Maryland the Founders’ intent expressed in Arti- obligations, and the statutory require- bench. The truth is, Maryland Senators cle II, Section II of the Constitution, as ments that deal with torture. The have played a role in obstructing the well as a distortion of the Senate’s rich President, of course, has said the same. judge’s nominees. They have argued tradition of providing advise and con- There is no policy of torture in the that one nominee, a lawyer born in sent without filibuster. United States. We have a statute that Maryland and educated in Maryland, In my opinion the tenor of this con- deals with that and prohibits it. It de- was not a Marylander and could not be firmation process reeks of last year’s fines what torture is and what it is not. confirmed. I think it was driven by series of senseless cloture votes on Sometimes that has been the problem. their disagreement with his conserv- nominees of high stature. Unfair and Congress’s definition has been ignored. ative judicial philosophy, but they ob- unsubstantiated claims have been Things that are not included in our def- jected on that basis, and there was a made and half-truths and lies of omis- inition have been said to be torture. big disagreement on it. But that is not sion have dominated the rhetoric of Indeed, some of the people who com- Judge Gonzales’s decision to make. Ul- those opposing Judge Gonzales. I am plained about the memorandums writ- timately, that is the decision of the not here today to impugn those who ten by the Department of Justice offi- President. have contributed to this false adver- cials actually voted for the statute One Senator complained about his tising, though it is worth saying that that defined torture; and that memo- support for Claude Allen for the court the nature and intensity of these false randum quoted extensively from it and of appeals, an African-American judi- arguments in light of this nominees ex- was framed by that American statute. cial nominee of excellent reputation,

VerDate Aug 04 2004 01:18 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.060 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S865 and I don’t think that is fair. He sim- General of the United States, the happy to work near the seat of power ply supported Claude Allen, a judge President began by asserting: but makes no really big decisions, has that I supported and a majority of this This is the fifth time I have asked Judge no legal opinions of his own, and cer- Senate supports but has been blocked Gonzales to serve his fellow citizens, and I tainly feels no responsibility to provide through dilatory tactics from the other am very grateful he keeps saying ‘‘yes’’ ... independent recommendations to the side. But that is not a basis to vote as the top legal official on the White House President. against him for Attorney General. staff, he has led a superb team of lawyers. I find it hard to believe that the top Senator SCHUMER complained that In praising his nomination of Alberto legal adviser to the President cannot Judge Gonzales refused to answer his Gonzales, the President specifically recall what he said or what he did with question on the so-called nuclear op- stressed the quintessential ‘‘leader- respect to so many of the enormous tion, which is a political issue, a legis- ship’’ role that Alberto Gonzales has policy and legal decisions that have lative branch issue of this Congress to held in providing the President with flowed from the White House since Sep- deal with. It is a matter that involves legal advice on the war on terror. The tember 11 in particular. It is especially rules in the Senate, how they are President stated specifically that it difficult to comprehend the sudden changed, and that kind of debate. This was his ‘‘sharp intellect and sound memory lapse when the consequences issue has nothing to do with running judgment’’ that helped shape our poli- of these decisions have had, and will cies in the war on terror. According to the Department of Justice. It is not continue to have, profound effects on the President, Mr. Gonzales is one of any role for Judge Gonzales, a lawyer world events for years, and even dec- his closest friends who, again in the for the President of the United States, ades, to come. words of the President, ‘‘always gives to start opining on what he thinks Judge Gonzales was asked whether he me his frank opinion.’’ about Senate rules. I am not a member of the Senate had chaired meetings in which he had Senator SCHUMER is leading filibuster Committee on the Judiciary and so I discussed with Justice Department at- after filibuster of the President’s nomi- have come to my conclusions by read- torneys such interrogation techniques nees in an unprecedented use of the fil- ing from the record. Not hearing di- as strapping detainees to boards and ibuster systematically against judicial rectly the testimony, not being able to holding them under water, as if to nominees, something that has not hap- ask questions during the hearings, but drown them. He testified that there pened in the history of this Republic. from my reading of the testimony, I were such meetings, and he did remem- But for these filibusters, the nuclear speak now. ber having had some discussions with question would not exist. Imagine how perplexing and disheart- Justice Department attorneys, but he These complaints have been unfair. ening it has been to review the re- could not recall what he told them in They have oftentimes relied on infor- sponses—or should I say lack of re- those discussions. mation taken out of context, informa- sponses—that were provided by Mr. When Senator KENNEDY asked if he tion that is misleading. The truth is, Gonzales to members of the Senate Ju- ever suggested to the Justice Depart- Judge Gonzales is a sound lawyer, a de- diciary Committee at his confirmation ment attorneys that they ought to cent man who believes in the rule of hearing on January 6. It seemed as if ‘‘lean forward’’ to support more ex- law. He believes in following the law. once seated before the committee, treme uses of torture, as reported by He will be a terrific Attorney General. Judge Gonzales forgot that he had, in the Washington Post, he said: He has been nominated by the Presi- fact, been the President’s top legal ad- I don’t ever recall having used that term. dent. I believe he will be confirmed. I viser for the past 4 years. He stated that, while he might have am excited for him and his good, fine It was a strangely detached Alberto attended such meetings, it was not his family. It is going to be a special day Gonzales who appeared before the Sen- role, but that of the Justice Depart- for them. ate Judiciary Committee. Suddenly ment, to determine which interroga- I yield the floor. this close friend and adviser to the tion techniques were lawful. He said: The PRESIDING OFFICER. Under President simply could not recall form- It was not my role to direct that we should the previous order, the hour of 2:30 hav- ing opinions on a great number of key ing arrived, the Senator from West Vir- use certain kinds of methods of receiving in- legal and policy decisions made by the formation from terrorists. That was a deci- ginia is recognized for 1 hour. Bush White House over the past 4 sion made by the operational agencies. . . . Mr. BYRD. I thank the Chair. years. And this seemed particularly And we look to the Department of Justice to Mr. President, Alberto Gonzales is true when it came to decisions which tell us what would, in fact, be within the Counsel to the President of the United in retrospect now appear to have been law. States. For the past 4 years, Mr. wrong. He said he could not recall what he Gonzales has served as the chief legal When asked his specific recollection said when he discussed with Justice adviser to President Bush, housed in of weighty matters, Judge Gonzales Department attorneys the contents of the west wing of the White House, a could provide only vague recollections the now-infamous ‘‘torture’’ memo of stone’s throw from the Oval Office. in many instances of what might have August 1, 2002, the one which inde- The official biography of Alberto been discussed in meetings of quite pendent investigative reports have Gonzales on the White House Web site monumental importance even during a found contributed to detainee abuses, states that before he was commissioned time of war. first at Guantanamo and, then, Af- to be White House Counsel, Judge He could not remember what he ad- ghanistan and, later, Iraq. Gonzales was a justice on the Texas vised in discussions interpreting the When asked whether he agreed with Supreme Court. Prior to that, he U.S. law against torture or the power the now repudiated conclusions con- served as the one-hundredth Secretary of the President to ignore laws passed tained in that torture memo at the of the State of Texas, where one of his by Congress, discussions that resulted time of its creation on August 1, 2002, many duties was to act as a senior ad- in decisions that reversed over 200 Mr. Gonzales stated: viser to then-Governor George W. years of legal and constitutional prece- There was discussion between the White Bush. Before that, he was general coun- dents relied on by 42 prior Presidents. House and the Department of Justice, as well sel to Governor Bush for 3 years. That is pretty hard to believe. In fact, as other agencies, about what does this stat- So for over a decade, Alberto if one did not know the true relation- ute mean. . . .I don’t recall today whether or Gonzales has been a close confidant ship between the President and this not I was in agreement with all of the anal- and adviser to George W. Bush, and the nominee, or if one had never heard the yses, but I don’t have a disagreement with President has confirmed his personal President refer to the ‘‘frank’’ advice the conclusions then reached by the Depart- and professional ties to Judge Gonzales he has received from Judge Gonzales, ment. on many occasions. one would think from reading his hear- He went on to add that, as Counsel to The President has described him as ing transcript that Alberto Gonzales the President, it was not his responsi- both ‘‘a dear friend’’ and as ‘‘the top was not really the White House Coun- bility to approve opinions issued by the legal official on the White House sel. Department of Justice. He said: staff.’’ When the President nominated Instead, one might think that he is I don’t believe it is my responsibility, be- Mr. Gonzales to be the next Attorney simply an old family friend who, yes, is cause it really would politicize the work of

VerDate Aug 04 2004 01:18 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.063 S02PT1 S866 CONGRESSIONAL RECORD — SENATE February 2, 2005 the career professionals at the Department We conclude that the statute [the statute No President—no President—can nul- of Justice. against torture], taken as a whole, makes lify or countermand a U.S. law to Mr. President, one must wonder what plain that it prohibits only extreme acts. shield from prosecution those who the job of White House Counsel entails, . . . This confirms our view that the crimi- would commit or attempt to commit if it does not involve giving the Presi- nal statute penalizes only the most egre- torture. But that was the result sought gious conduct. dent the benefit of one’s thinking on by this White House. legal issues. The second but equally shocking and When asked by Senator DURBIN if he Perhaps one reason Judge Gonzales erroneous legal conclusion reached in still believes that the President has the says he does not remember what he the so-called torture memorandum authority as Commander in Chief to ig- said in those meetings is because, as states: nore a law passed by Congress, to de- soon as the torture memo was leaked We find that in the circumstances of the cide on his own whether it is unconsti- to the press, he had to disavow it. Once current war against al-Qaida and its allies, tutional, or to simply refuse to comply it became clear that the White House prosecution under section 2340A [the rel- with it, Judge Gonzales stated that, believed—based on those meetings— evant provision of U.S. law prohibiting tor- yes, he believes it is theoretically pos- that only the most egregious acts ture] may be barred because enforcement of sible for the Congress to pass a law the statute would represent an unconstitu- imaginable could be prohibited as tor- tional infringement of the President’s au- that would be viewed as unconstitu- ture, the memo received universal op- thority to conduct war. tional by a President and, therefore, to probrium. Thus, the administration As the Commander in Chief. Where be ignored. had little choice but to repudiate it And even though the torture memo have we heard that before, the term and, in June 2004, Mr. Gonzales an- was replaced by a new memorandum on ‘‘Commander in Chief’’? nounced its withdrawal. He then di- December 30, the replacement memo- This means the White House believed rected the Justice Department to pre- randum does not reject the earlier doc- that a President can simply override pare new legal analyses on how to in- ument’s shockingly overly expansive the U.S. law prohibiting torture, just terpret prohibitions against torture interpretation of the President’s Com- because he disagrees with it. In other under U.S. and international law. mander-in-Chief power. Instead, the words, he can ignore the law by pro- Strangely, however, that new anal- new memo states that because that ysis was not available to the public for claiming, in his own mind, that the law portion of the discussion in the earlier 6 more months. Finally, on December is unconstitutional. Not because a memo was ‘‘unnecessary,’’ it has been 30, just 1 week prior to the Gonzales court of the United States has found eliminated from the new analysis. nomination hearing, a memorandum the law to be unconstitutional but be- Particularly disturbing is the fact containing the administration’s most cause a wartime President decides he that although the new analysis repudi- recent take on the subject was issued simply does not want to be bound by it. ates the earlier memo’s conclusion by the Justice Department. What an astounding assertion. Think that all but extreme acts of torture are With the benefit of 20/20 hindsight, of it. A President placing himself above permissible, Judge Gonzales could not together with a keen desire to be con- the constitutional law—in effect, tell us whether this repudiation of firmed as the next Attorney General of crowning himself king. prior policy has been communicated to the United States, Judge Gonzales told This outrageously broad interpreta- those who are today doing the interro- the committee on January 6 that the tion of Executive authority is so anti- gating. analysis of the August 1, 2002, memo no thetical to the carefully calibrated sys- This is important because there is longer represents the official position tem of checks and balances conceived language contained in the now-repudi- of the executive branch of the United by the Founding Fathers it seems in- ated torture memo that was relied on States. conceivable that it could be seriously in Guantanamo and parts of which If Judge Gonzales didn’t see fit to contemplated by any so-called legal ex- were included word for word in the question the Justice Department’s offi- pert, much less attorneys of the U.S. military’s Working Group Report on cial position on torture in 2002, what Justice Department or the White Detainee Interrogations in the Global made the administration change its House Counsel. War on Terrorism. This report, dated mind in 2004? Was it a careful review of Has the White House no appreciation April 2003, has never been repudiated or the legal issues, or was it simply polit- for the struggle that the Nation en- amended and may be relied upon by ical backpedaling in light of the public dured upon its creation? Can it really some interrogators in the field. knowledge of what its policies had believe that a President can cir- When asked whether those who are brought about in Abu Ghraib and else- cumvent the will of the people and charged with conducting interroga- where? their legislature by adopting and dis- tions have been apprised of the admin- I note in passing that the ‘‘torture’’ seminating a legal interpretation that istration’s repudiation of sections of memo was written in 2002 by then-As- would, in the end, protect from pros- the Bybee memo and the administra- sistant Attorney General Jay Bybee, ecution those who commit torture in tion’s attendant change in policy, who is now a Federal judge on the violation of U.S. law? Judge Gonzales did not know the an- Ninth Circuit Court of Appeals. God Alexander Hamilton, in Federalist swer. help the Ninth Circuit Court of Ap- No. 69, described in detail exactly how Mr. Gonzales continues to deny re- peals. I would like the record to reflect the American system can and must be sponsibility for many of the policies that 18 other Senators and I voted to distinguished from the British mon- and legal decisions made by this ad- reject the nomination of Jay Bybee to archy. Hamilton wrote: ministration. But the Fay report and be a Federal judge, a decision I, for There is no comparison— the Schlesinger report corroborate the one, do not regret. fact that policy memos on torture, The Bybee memo drew universal con- Hear that again— ghost detainees, and the Geneva Con- demnation and scorn for at least two of There is no comparison— ventions, which Judge Gonzales either the legal opinions that were included None— wrote, requested, authorized, endorsed, in its text. First, it described torture There is no comparison between the in- or implemented, appear to have con- as being prohibited under U.S. law in tended power of the President and the actual tributed to detainee abuses in Afghani- only very circumscribed cir- power of the British sovereign. The one can stan, Guantanamo Bay, and Iraq, in- cumstances. It defined torture so nar- perform alone, what the other can only do cluding those that occurred at Abu rowly that horrific harm could be in- with the concurrence of a branch of the Leg- Ghraib. flicted against another human being in islature. The International Committee of the the course of an interrogation overseas Mr. President, no one man or woman, Red Cross has told us that abuse of and not be prohibited. According to the no President, not his White House Iraqi detainees has been widespread, memo, unless such acts resulted in Counsel, nor all the attorneys in the not simply the wrongdoing of a few, as organ failure, the impairment of a bod- Office of the Legal Counsel in the Jus- the White House first told us, and the ily function, or death, they could be tice Department can, on their own, act abuse occurred not only at Abu Ghraib. considered legal. In fact, the first page in contravention of a law passed by Last week, the Los Angeles Times re- of the memorandum states: Congress. ported that documents released last

VerDate Aug 04 2004 01:18 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.065 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S867 Monday by the Pentagon disclosed that of the United States, and the President the power of his office to prosecute any prisoners had lodged dozens of abuse and his Counsel must be held account- American—anywhere—who uses tor- complaints against U.S. and Iraqi per- able for not only failing to faithfully ture. sonnel who guarded detainees in an- execute our laws but also for trying to Many of my colleagues and citizens other location, a little known palace in undermine, contravene, and gut them. across America have spoken eloquently Baghdad that was converted into a With such a track record, how can we about their concerns with Judge prison. possibly trust this man to be Attorney Gonzales. The most grave of those con- The documents suggest, for the first General of the United States? What cerns has been the flawed legal anal- time, that numerous detainees were sort of judgment has he exhibited? ysis and conclusions regarding torture. also abused at one of Saddam Hussein’s As I stated a few days ago with re- That analysis and those conclusions former villas in eastern Baghdad. The spect to Dr. Condoleezza Rice, there were wrong and they have been re- article noted that while previous cases needs to be accountability in our Gov- jected. of abuse of Iraqi prisoners had focused ernment. There needs to be account- Any policy that condones torture is mainly on Abu Ghraib, allegations of ability for the innumerable blunders, reprehensible for three reasons. First, a abuse at this new location included bad decisions, and warped policies that torture policy violates U.S. law and the that guards had sodomized a disabled have led the United States to the posi- cornerstone of the Geneva Conven- man and killed his brother, then tossed tion in which we now find ourselves, tions. Second, a torture policy endan- his dying body into a cell, on top of his trapped in Iraq amid increased vio- gers our men and women in uniform. sister. lence; disgraced by detainee abuses And, third, a torture policy diminishes Judge Gonzales admits that he was first in Guantanamo, then in Afghani- America’s standing around the world. physically present at discussions re- stan, Iraq, and probably in locations we Because of these concerns, I have had garding whether acts of this nature have yet to discover; shunned by our numerous conversations and meetings constitute torture, but do not expect allies; perceived by the world commu- with Judge Gonzales, and I am con- him to take responsibility for them. Do nity, rightfully, as careening down the fident that as Attorney General he will not hold me accountable, he says. It wrong path. not sanction torture in any form and was not I. And he does not just point I do not believe our Nation can rely will uphold the laws of the United fingers at the Justice Department. He on the judgment of a public official States and the international accords also spreads the blame around. While with so little respect for the rule of that make torture illegal. he admitted he had made some mis- constitutional law. We cannot rely on In fact, I specifically asked Judge takes, he attempted to further deflect the judgment of someone with so little Gonzales to respond to my concerns responsibility for his actions by saying regard for our constitutional system of and the concerns of the American pub- the operational agencies also had re- government. I simply cannot support lic in writing. In his letter to me of sponsibility to make decisions on in- the nomination of someone who despite January 28, 2005, Judge Gonzales wrote: terrogation techniques—Not him. This his assertions to the contrary obvi- I do not condone torture in any form. I is exactly what he said: ously contributed in large measure to confirm to you that the United States of I have recollection that we had some dis- the atrocious policy failures and the America does not condone the torture of cussions in my office, but let me be very contrived and abominable legal deci- anyone by our country or by anyone else. clear with the committee. It is not my job to sions that have flowed from this White The laws of the United States and the inter- decide which types of methods of obtaining House over the past 4 years. For all of national obligations of the United States information from terrorists would be the prohibit torture in all its forms. These inter- these reasons, I have no choice but to national obligations include the Geneva Con- most effective. That job responsibility falls vote against the nomination of Alberto to folks within the agencies. It is also not ventions, which I consider binding upon the my job to make the ultimate decision about Gonzales to be the next Attorney Gen- United States. I reaffirm to you that, if con- whether or not those methods would, in fact, eral of the United States. firmed as Attorney General, I will enforce meet the requirements of the anti-torture I yield the floor and I suggest the ab- these laws and international obligations ag- statute. That would be the job for the De- sence of a quorum. gressively to prohibit torture in all its partment of Justice. . . . I viewed it as their The PRESIDING OFFICER (Mr. MAR- forms. responsibility to make a decision as to TINEZ). The clerk will call the roll. He continues in his letter: whether or not a procedure or method would, The assistant legislative clerk pro- I pledge to do so for two reasons. These are in fact, be lawful. ceeded to call the roll. the laws of the United States, and I am obli- One wishes that Judge Gonzales Mr. SALAZAR. Mr. President, I ask gated to uphold those laws. And secondly, could have told us what his job was unanimous consent that the order for any action by the United States that under- rather than, telling us only what it was the quorum call be dispensed with. mines the Geneva Conventions threatens the not. Talk about passing the buck. The PRESIDING OFFICER. Without safety and security of our troops. At the end of the day one can only objection, it is so ordered. Judge Gonzales’s statement is clear remember or wonder then what legal Mr. SALAZAR. Mr. President, I rise and unequivocal. Simply stated, tor- advice, if any, he actually gave to the in relation to the nomination of Judge ture is illegal and wrong and that will President of the United States. Does Alberto Gonzales to be the next Attor- be the position of Judge Gonzales as Judge Gonzales or the President have ney General of the United States. Attorney General. As the Nation’s top an opinion on the question of what con- Before making my comments about law enforcement officer, Judge stitutes torture? Does he or the Presi- Judge Gonzales, I also want to say that Gonzales will be accountable for this dent have an opinion on the related earlier this afternoon I had a highly position as he denounces torture, and I question of whether it is legal to relo- enlightening and very rewarding dis- and the American people will make cate detainees to facilitate interroga- cussion with the distinguished Senator sure this is, in fact, the case. tion? Do they believe it is morally or from West Virginia, Mr. BYRD. Senator Before proceeding further, I ask constitutionally right? Do we know? BYRD spoke just before me. He is a man unanimous consent Judge Gonzales’s No. of tradition and hard work. I am very letter to me be printed in the RECORD. According to article II, section 3, of grateful for his leadership and his in- There being no objection, the mate- the U.S. Constitution, as head of the spiration. rial was ordered to be printed in the executive branch, the President has a As I make my comments about At- RECORD, as follows: legal duty to take care that the laws be torney General-nominee Gonzales, I THE WHITE HOUSE, faithfully executed. The Constitution want to tell you that I do so because Washington, January 28, 2005. does not say that the President should my brothers and sisters in law enforce- Hon. KEN SALAZAR, or may undertake that responsibility. ment have endorsed him. I do so as well U.S. Senate, It clearly states that the President because he has given me his written Washington, DC. DEAR SENATOR SALAZAR: I have appre- shall take care that the laws be faith- commitment to fight for civil rights. I ciated our ongoing conversations, and I fully executed. do so because Judge Gonzales has given thank you for the dialogue we have had He is duty bound to undertake that me his written pledge that he opposes about my nomination by the President to responsibility under the Constitution torture in all of its forms and will use serve as Attorney General. I am pleased to

VerDate Aug 04 2004 01:18 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.068 S02PT1 S868 CONGRESSIONAL RECORD — SENATE February 2, 2005 reaffirm for you my positions on several I have spoken to Judge Gonzales ell, the former Chairman of the Joint issues I know are important to you. about the needs of law enforcement Chiefs of Staff, or of the State Depart- I understand, I agree with, and I will act in around the country. He has pledged his ment lawyers. He did not stand up for accord with the principle that the Attorney General of the United States is the nation’s support and has pledged to come to the military and interpret our obliga- chief law enforcement officer, with client re- Colorado to meet and learn from Colo- tions consistent with the Army Field sponsibilities and other important duties to rado’s heroic law enforcement officers Manual and the decades of sound prac- the people of the United States. If confirmed, about their experiences and their tice and counsel from the Judge Advo- I will lead the Department of Justice and act needs. cate General’s Corps. on behalf of agencies and officials of the Finally, Judge Gonzales, I believe in That is why I object to this nominee. United States. Nevertheless, my highest and his heart, knows about the importance I ask unanimous consent to have most solemn obligation will be to represent printed in the RECORD an article de- the interests of the People. I know that you of civil rights and liberties. He knows understand this solemn duty well from your first hand of the indignities of a soci- scribing Judge Gonzales’s interroga- prior service as Chief Counsel to the Gov- ety that turns a blind eye to discrimi- tion policies, written by Jeffrey Smith ernor and as Colorado Attorney General. nation and prejudice. Because he and Dan Eggen. I do not condone torture in any form. I knows that reality of the American ex- There being no objection, the mate- confirm to you that the United States of perience, I expect him, as Attorney rial was ordered to be printed in the America does not condone the torture of RECORD, as follows: anyone by our country or by anyone else. General, to help lead the way for the [From the Washington Post, Jan. 5, 2005] The laws of the United States and the inter- creation of an America that despises national obligations of the United States hate and bigotry and recognizes that GONZALES HELPED SET THE COURSE FOR DE- prohibit torture in all its forms. These inter- every human being deserves a govern- TAINEES—JUSTICE NOMINEE’S HEARINGS national obligations include the Geneva Con- ment that will fight for the dignity and LIKELY TO FOCUS ON INTERROGATION POLI- ventions, which I consider binding upon the equality of all. CIES United States. I reaffirm to you that, if con- I will vote to confirm Judge Alberto (By R. Jeffrey Smith and Dan Eggen) firmed as Attorney General, I will enforce Gonzales to be the next Attorney Gen- In March 2002, U.S. elation at the capture these laws and international obligations ag- of al Qaeda operations chief Abu Zubaida was gressively to prohibit torture in all its eral of the United States. I yield the floor and suggest the ab- turning to frustration as he refused to bend forms. to CIA interrogation. But the agency’s offi- I pledge to do so for two reasons. These are sence of a quorum. cers, determined to wring more from Abu the laws of the United States, and I am obli- The PRESIDING OFFICER. The Zubaida through threatening interrogations, gated to uphold those laws. And, secondly, clerk will call the roll. worried about being charged with violating any action by the United States that under- The legislative clerk proceeded to domestic and international proscriptions on mines the Geneva Conventions threatens the call the roll. torture. safety and security of our troops. They asked for a legal review—the first Also, I agree with you that our country Mr. LEAHY. Mr. President, I ask unanimous consent that the order for ever by the government—of how much pain should continue its broad and healthy debate and suffering a U.S. intelligence officer could about the provisions of the USA Patriot Act, the quorum call be rescinded. inflict on a prisoner without violating a 1994 particularly with regard to the necessary The PRESIDING OFFICER. Without law that imposes severe penalties, including balance between civil liberties and the abil- objection, it is so ordered. life imprisonment and execution, on con- ity of law enforcement and other officials to Mr. LEAHY. Mr. President, I am dis- victed torturers. The Justice Department’s protect public safety. I keep an open mind on turbed that even though there are Office of Legal Counsel took up the task, and these issues. I welcome your views on these some Democrats who support Judge at least twice during the drafting, top ad- matters, and I look forward to our continued ministration officials were briefed on the re- discussions. Gonzales, and some who oppose, I have I understand your concern about increased heard some Senators on the other side sults. funding for state and local law enforcement. of the aisle imply that those who op- White House counsel Alberto R. Gonzales As Attorney General, I will work with you pose this nomination are biased chaired the meetings on this issue, which in- and our state and local law enforcement cluded detailed descriptions of interrogation against him based on his ethnic back- techniques such as ‘‘waterboarding,’’ a tactic community to do the best job we can to ground. I resent that charge. make our communities safer. intended to make detainees feel as if they Finally, I understand the importance of For somebody to say that those op- are drowning. He raised no objections and, civil rights and equal opportunity for all posed are biased against Judge without consulting military and State De- Americans. I will work to uphold those Gonzales because of his ethnicity is partment experts in the laws of torture and rights and opportunities as Attorney Gen- preposterous and deeply offensive. war, approved an August 2002 memo that eral. We have stood here for 2 days ex- gave CIA interrogators the legal blessings Thank you for the opportunity to explain plaining our positions. Many of us have they sought. Gonzales, working closely with a small my position on these matters for you. I ap- said if we were voting on the story and preciate your friendship and your support. group of conservative legal officials at the Sincerely, on the achievements of Judge White House, the Justice Department and ALBERTO R. GONZALES, Gonzales, which are commendable, we the Defense Department—and overseeing de- Counsel to the President. would be voting for him. If we were liberations that generally excluded potential Mr. SALAZAR. Mr. President, I have voting on what he has overcome in his dissenters—helped chart other legal paths in spent the last 6 years of my life as the life and career, we would be voting for the handling and imprisonment of suspected terrorists and the applicability of inter- attorney general of the great State of him. What we have said clearly, how- ever, is that we are voting against him national conventions to U.S. military and Colorado working with people I con- law enforcement activities. sider to be my brothers and sisters in based upon his conduct as Counsel to His former colleagues say that throughout law enforcement. I have met with the the President. We have come to this de- this period, Gonzales—a confidant of George widows of fallen officers, and I led our cision based upon his record. W. Bush’s from Texas and the president’s State efforts to train Colorado’s 14,000 Let us talk about that record. Judge nominee to be the next attorney general— peace officers. Gonzales has argued that the Conven- often repeated a phrase used by Defense Sec- I have deep respect for the 750,000 tion Against Torture and Other Cruel, retary Donald H. Rumsfeld to spur tougher men and women in law enforcement Inhuman and Degrading Treatment or antiterrorism policies: ‘‘Are we being for- ward-leaning enough?’’ who risk their lives every day to keep Punishment does not prohibit cruel, in- But one of the mysteries that surround each of us and our communities safe. human, or degrading treatment or pun- Gonzales is the extent to which these new These men and women will be the ishment with ‘‘respect to aliens over- legal approaches are his own handiwork backbone of our Nation’s Homeland Se- seas.’’ Reaching this conclusion re- rather than the work of others, particularly curity efforts. I respect their judgment quires such twisted reasoning that Vice President Cheney’s influential legal and opinion. In that regard, I stand even those who support Judge Gonzales counsel, David S. Addington. with the Fraternal Order of Police, the must part company with him on this Gonzales’s involvement in the crafting of point. the torture memo, and his work on two pres- National District Attorneys Associa- idential orders on detainee policy that pro- tion, the FBI Agents Association, and I am also disturbed by his interpreta- voked controversy or judicial censure during the Law Enforcement Alliance of tion of the Geneva Conventions. Judge Bush’s first term, is expected to take center America, all of whom have endorsed Gonzales did not follow the advice he stage at Senate Judiciary Committee hear- Judge Gonzales as Attorney General. received from Secretary of State Pow- ings tomorrow on Gonzales’s nomination to

VerDate Aug 04 2004 01:18 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.020 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S869 become attorney general. The outlines of Texas native and the son of Mexican immi- them,’’ he said, adding that Gonzales was Gonzales’s actions are known, but new de- grants, Gonzales served for two years in the ‘‘neither the tool of an aggressive staff nor tails emerged in interviews with colleagues Air Force before graduating from Rice Uni- the quarterback of a reluctant team.’’ and other officials, some of whom spoke only versity and Harvard Law School. He met Current and former White House officials on the condition of anonymity because they Bush during his 1994 gubernatorial campaign, interviewed for this article listed only a few were involved in confidential government while Gonzales was a partner at the politi- episodes in which Gonzales forcefully pressed policy deliberations. cally connected Houston law firm Vinson & a position at odds with ideological conserv- On at least two of the most controversial Elkins. atives. None was in the terrorism field. policies endorsed by Gonzales, officials fa- Upon election, Bush appointed him as his Walker said she is aware of criticism that miliar with the events say the impetus for personal counsel, later as Texas secretary of Gonzales ‘‘should have been saying ‘I believe action came from Addington—another reflec- state and eventually as a justice on the this or that’’’ about some of the provocative tion of Cheney’s outsize influence with the Texas Supreme Court. Within weeks of the issues presented to him. ‘‘He did not see his president and the rest of the government. 2000 presidential election, Bush tapped job as being about him’’ but about advo- Addington, universally described as out- Gonzales to be his White House counsel, and cating Bush’s interests, she explained. ‘‘The spokenly conservative, interviewed can- Gonzales set about creating what officials judge is not consumed with his own impor- didates for appointment as Gonzales’s dep- there proudly described as one of the most tance, unlike some others in Washington.’’ uty, spoke at Gonzales’s morning meetings ideologically aligned counsel’s offices in DETAINEE POLICY and, in at least one instance, drafted an years. early version of a legal memorandum cir- Bringing only one associate to Washington Unlike many of his predecessors since the culated to other departments in Gonzales’s from Texas, Gonzales forged his staff instead Reagan era, Gonzales lacked much experi- name, several sources said. from a tightknit group of Washington-based ence in federal law and national security Conceding that such ghostwriting might former clerks to Supreme Court or appellate matters. So when the Pentagon worried seem irregular, even though Gonzales was judges, all of whom had worked on at least about how to handle expected al Qaeda de- aware of it, one former White House official one of three touchstones of the conservative tainees in the days after the Sept. 11 attacks said it was simply ‘‘evidence of the closeness movement: the Whitewater and Monica S. and the Oct. 7 U.S. attack on Afghanistan, of the relationship’’ between the two men. Lewinsky inquiries of former president Bill Gonzales organized an interagency group to But another official familiar with the admin- Clinton, the Bush-Cheney election campaign, take up the matter under the State Depart- istration’s legal policymaking, who spoke on and the Florida vote-counting dispute. ment’s war crimes adviser, Pierre-Richard the condition of anonymity because such de- ‘‘It was an office of like-minded’’ lawyers Prosper. liberations are supposed to be confidential, and ‘‘strong personalities,’’ said Bradford A. Former attorney general William P. Barr said that Gonzales often acquiesced in pol- Berenson, a criminal defense lawyer ap- suggested to Gonzales’s staff early on that icymaking by others. pointed as one of eight associate counsels in those captured on the battlefield go before This might not be the best quality for an Gonzales’s office. ‘‘There was not a shrinking military tribunals instead of civil courts. official nominated to be attorney general, violet in the bunch.’’ But Ashcroft and Michael Chertoff, his dep- the nation’s top law enforcement job, the ad- ‘‘Federalist Society regulars’’ is the way uty for the criminal division, both ada- ministration official said. He added that he another former associate counsel, H. Chris- mantly opposed the plan, along with mili- thinks Gonzales learned from mistakes dur- topher Bartolomucci, described the Gonzales tary lawyers at the Pentagon. The result was ing Bush’s first term. staff and its ideological allies elsewhere in that the process moved slowly. Supporters of Gonzales depict him as a the government, such as Deputy Assistant Addington was the first to suggest that the more pragmatic successor to John D. Attorney General John Yoo and Defense De- issue be taken away from the Prosper group Ashcroft, and a cautious lawyer who care- partment General Counsel William J. Haynes and that a presidential order be drafted au- fully weighs competing points of view while II. All were adherents to the theory that the thorizing the tribunals that he, Gonzales and pressing for aggressive anti-terrorism ef- Constitution gives the president consider- Timothy E. Flanigan, then a principal dep- forts. His critics have expressed alarm at ably more authority than the Congress and uty to Gonzales, supported. It was intended what they regard as his record of excluding the judiciary. for circulation among a much smaller group dissenting points of view in the development One of the clearest examples of this ambi- of like-minded officials. Berenson, Flanigan of legal policies that fail to hold up under tion was Gonzales’s long-running and ulti- and Addington helped write the draft, and on broader scrutiny and give short shrift to mately futile battle with the independent Nov. 6, 2001, Gonzales’s office secured an human rights. commission that investigated the Sept. 11, opinion from the Justice Department’s Of- His nomination has, in short, become an- 2001, terrorist attacks. Gonzales’s office, act- fice of Legal Counsel that the contemplated other battleground for the debate over ing as the liaison between the White House military tribunals would be legal. whether the administration has acted pru- and the 10-member bipartisan panel, repeat- That office, historically the government’s dently to forestall another terrorist attack edly resisted commission demands for access principal internal domestic law adviser, was or overreached by legally sanctioning rights to presidential documents and officials such also staffed by advocates of expansive execu- abuses. as national security adviser Condoleezza tive powers; it had told the White House in One thing is clear: Gonzales, 49, enjoys Rice, prompting angry and public disputes. a classified memo five weeks earlier that the Bush’s trust. He has worked directly with Gonzales is ‘‘a good lawyer and a nice guy, president’s authority to wage preemptive the former Texas governor for more than and maybe he was a decent judge for a year, war against suspected terrorists was vir- nine years, advising him on sensitive foreign but he didn’t bring a lot of political judg- tually unlimited, partly because proving policy and defense matters that rarely—if ment or strategic judgment to their dealings criminal responsibility for terrorist acts was ever—fell within the purview of previous with the commission,’’ a senior commission so difficult. White House counsels. official said. ‘‘He hurt the White House po- After a final discussion with Cheney, Bush For example, when the Justice Department litically by antagonizing the commissioners signed the order authorizing military tribu- formally repudiated the legal reasoning of . . . and all of it for no good reason. In the nals on Nov. 13, 2001, while standing up, as he the August 2002 interrogation memo last end, the stuff all came out.’’ was on his way out of the White House to his week in another document that Gonzales re- Each morning, Gonzales convened round Texas ranch for a meeting with Russian viewed, it was overturning a policy with con- tables at which his staff—as well as President Vladimir Putin. It provided for the sequences that Gonzales heard discussed in Addington—related their legal conundrums. military trial of anyone suspected of belong- intimate detail—to the point of learning Gonzales was ‘‘not a domineering personality ing to al Qaeda or conspiring to conduct or what the physiological reactions of detainees . . . and he gave us a chance to speak our assist acts of terrorism; conviction would might be to the suffering the CIA wanted to minds,’’ said Helgi C. Walker, a former clerk come from a two-thirds vote of the tribunal inflict, those involved in the deliberations for Clarence Thomas who was an associate members, who would adjudicate fact and law said. counsel from 2001 to 2003. and decide what evidence was admissible. The White House said Gonzales and ‘‘There was often a lively debate, but at Decisions could not be appealed. Addington, a former Reagan aide and Pen- the end it was not clear where Gonzales Cut out in the final decision making were tagon counsel, were unavailable to be inter- was,’’ another former colleague said. A sec- military lawyers, the State Department and viewed for this article. But asked to com- ond former colleague recalls that in inter- Chertoff, as well as Rice, her deputy, Ste- ment on whether Gonzales acquiesced too agency meetings, Gonzales sat in the back phen J. Hadley, and Rice’s legal adviser, easily on legal policies pushed by others, and was ‘‘unassuming, pleasant and quiet.’’ John Bellinger. ‘‘I don’t think Gonzales felt spokesman Brian Besanceney responded that So discreet was Gonzales about his opinions he was acting precipitously, but he realized Gonzales had ‘‘served with distinction and that one official who worked closely with people would be surprised,’’ Flanigan said. It with the highest professional standards as a him for a year said ‘‘he never made an im- amounted to a decision that the president lawyer’’ in private practice, state govern- pression on me.’’ could act without ‘‘the entire staff’s bless- ment and the White House, and he ‘‘will con- But Berenson says Gonzales was hardly ing. As it turned out, they [National Secu- tinue to do so as attorney general.’’ pushed around by officials who thought they rity Council officials] just weren’t involved A SUCCESS STORY had a monopoly on wisdom. ‘‘I didn’t have in the process.’’ Bush has told people that he was attracted the sense that he was whipping his horses or Berenson, who left the White House for pri- by Gonzales’s rags-to-riches life story. A that they were dragging him along behind vate practice in 2003, said ‘‘there were such

VerDate Aug 04 2004 05:19 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.021 S02PT1 S870 CONGRESSIONAL RECORD — SENATE February 2, 2005 strong shared assumptions at the time [that] mation about such policymaking. State ‘‘saw that the senior Senator from Utah said we had a powerful sense of mission.’’ He at- its mission as representing the interests of yesterday regarding the President’s tributes the haste to worry about another the rest of the world to the president, in- February 2002 directive on the treat- terrorist attack. stead of the president’s interests to the ment of al-Qaida and Taliban detain- But David Bowker, then a State Depart- world,’’ one aide said. ees. According to Senator HATCH, ‘‘the ment lawyer excluded from the process and THE DEBATE OVER TORTURE now in private practice, called the order pre- President [said] unequivocally that de- This schism created additional problems tainees are to be treated humanely.’’ In mature and politically unwise. ‘‘The right when Gonzales approved in August 2002— thing to do would have been an open process fact, the President’s directive said only after limited consultation—an Office of that ‘‘the U.S. Armed Forces’’ should inside the government,’’ he said. Legal Counsel memo suggesting various The tribunals were halted by U.S. District stratagems that officials could use to defend treat detainees humanely. The Presi- Judge James Robertson, who ruled on Nov. themselves against criminal prosecution for dent’s directive pointedly did not apply 24, 2004, that detainees’ rights are guaran- torture. to the CIA and other nonmilitary per- teed by the Geneva Conventions—which the Drafted at the request of the CIA, which sonnel. administration had argued were irrelevant. sought legal blessing for aggressive interro- I asked Judge Gonzales: REBELLION AT STATE gation methods for Abu Zubaida and other al Does the President’s February 7, 2002, di- Four weeks after Bush’s executive order, a Qaeda detainees, the memo contended that rective regarding humane treatment of de- similarly limited deliberation provoked only physically punishing acts ‘‘of an ex- tainees apply to the CIA or any other non- more determined rebellion at the State De- treme nature’’ would be prosecutable. It also military personnel? partment and among military lawyers and said that those committing torture with ex- He replied: officers. The issue was whether al Qaeda and press presidential authority or without the No. By its terms, the February 7, 2002, di- intent to commit harm were probably im- Taliban fighters captured on the battlefield rective ‘‘reaffirm[s] the order previously mune from prosecution. in Afghanistan should be accorded the Gene- issued by the Secretary of Defense to the The memo was signed by Jay S. Bybee, va Conventions’ human rights protections. United States Armed Forces.’’ Gonzales, after reviewing a legal brief from then an assistant attorney general and now a the Justice Department’s Office of Legal federal appellate judge, but written with sig- In other words, contrary to what he Counsel, advised Bush verbally on Jan. 18, nificant input from Yoo, whom Gonzales had have heard, and continue to hear, from 2002, that he had authority to exempt the de- tried to hire at the White House and later Judge Gonzales’s supporters, the Presi- tainees from such protections. Bush agreed, endorsed to head Justice’s legal counsel of- dent’s oft-quoted directive regarding reversing a decades-old policy aimed in part fice. During the drafting of the memo, Yoo the humane treatment of detainees is at ensuring equal treatment for U.S. mili- briefed Gonzales several times on its con- carefully worded to permit the occa- tary detainees around the world. Rumsfeld tents. He also briefed Ashcroft, Bellinger, sional inhumane treatment of detain- issued an order the next day to commanders Addington, Haynes and the CIA’s acting gen- ees. Indeed, that is one of the legal that detainees would receive such protec- eral counsel, John A. Rizzo, several officials said. loopholes that concerns so many of us. tions only ‘‘to the extent appropriate and Mr. President, I yield the floor and consistent with military necessity.’’ At least one of the meetings during this Secretary of State Colin L. Powell—whose period included a detailed description of the suggest the absence of a quorum. legal adviser, William H. Taft IV, had vigor- interrogation methods the CIA wanted to The PRESIDING OFFICER (Mr. ously tried to block the decision—then met use, such as open-handed slapping, the threat COBURN). The clerk will call the roll. twice with Bush to convince him that the de- of live burial and ‘‘waterboarding’’—a proce- The legislative clerk proceeded to cision would be a public relations debacle dure that involves strapping a detainee to a call the roll. and would undermine U.S. military prohibi- board, raising the feet above the head, wrap- Ms. COLLINS. Mr. President, I ask tions on detainee abuse. Gen. Richard B. ping the face and nose in a wet towel, and unanimous consent that the order for Myers, chairman of the Joint Chiefs of Staff, dripping water onto the head. Tested repeat- the quorum call be rescinded. backed Powell, as did the leaders of the U.S. edly on U.S. military personnel as part of in- The PRESIDING OFFICER. Without Central Command who were pursuing the terrogation resistance training, the tech- objection, it is so ordered. war. nique proved to produce an unbearable sensa- Ms. COLLINS. Mr. President, I rise The task of summarizing the competing tion of drowning. today in support of the nomination of State Department officials and military points of view in a draft letter to the presi- Alberto Gonzales to be Attorney Gen- dent was seized initially by Addington. A lawyers were intentionally excluded from memo he wrote and signed with Gonzales’s these deliberations, officials said. Gonzales eral of the United States. name—and knowledge—was circulated to and his staff had no reservations about the Judge Gonzales’s story is truly inspi- various departments, several sources said. A legal draft or the proposed interrogation rational. A man from humble begin- version of this draft, dated Jan. 25, 2002, was methods and did not suggest major changes nings—Humble, TX, to be precise—he subsequently leaked. It included the eye- during the editing of Yoo’s memo, two offi- grew up in a modest home built by his catching assertion that a ‘‘new paradigm’’ of cials involved in the deliberations said. father and uncle where he lived with a war on terrorism ‘‘renders obsolete Gene- The memo defined torture in extreme his parents and seven brothers and sis- va’s strict limitations on questioning of terms, said the president had inherent pow- ters with no hot water and no tele- enemy prisoners.’’ ers to allow it and gave the CIA permission phone. His parents were migrant work- In early February 2002, Gonzales reviewed to do what it wished. Seven months later, its conclusions were cited approvingly in a De- ers who never even finished elementary the issue once more with Bush, who re- school, but they believed in the Amer- affirmed his initial decision regarding his fense Department memo that spelled out the legal authority but chose not to invoke it Pentagon’s policy for ‘‘exceptional interro- ican dream. They worked hard to give immediately for Taliban members. Flanigan gations’’ of detainees at Guantanamo Bay, their children an education and to in- said that Gonzales still disagreed with Pow- Cuba. still in them the American values of ell but ‘‘viewed his role as trying to help the When the text was leaked to the public last personal responsibility and hard work. president accommodate the views of State.’’ summer, it attracted scorn from military At the age of 12, Alberto Gonzales Thirty months later, a Defense Depart- lawyers and human rights experts worldwide. had his first job selling soft drinks at ment panel chaired by James R. Schlesinger Nigel Rodley, a British lawyer who served as Rice University football games where concluded that the president’s resulting Feb. the special U.N. rapporteur on torture and inhumane treatment from 1993 to 2001, re- he dreamed of one day going to college. 7 executive order played a key role in the Through determination, intelligence, Central Command’s creation of interrogation marked that its underlying doctrine ‘‘sounds policies for the Abu Ghraib prison in Iraq. like the discredited legal theories used by and hard work, he achieved his dream. A former senior military lawyer, who was Latin American countries’’ to justify repres- He graduated from Rice University, the involved in the deliberations but spoke on sion. first in his family to earn a college de- the condition of anonymity, complained that After two weeks of damaging publicity, gree, and went on to excel at Harvard Gonzales’s counsel’s office had ignored the Gonzales distanced himself, Bush and other Law School. language and history of the conventions, senior officials from its language, calling the Alberto Gonzales is a dedicated pub- treating the question ‘‘as if they wanted to conclusions ‘‘unnecessary, over-broad discus- lic servant. He has served his country look at the rules to see how to justify what sions’’ of abstract legal theories ignored by in many capacities, including his serv- they wanted to do.’’ policymakers. Another six months passed be- fore the Office of Legal Counsel, under new ice in the U.S. Air Force, as a judge on ‘‘It was not an open and honest discus- the Texas Supreme Court, and as Texas sion,’’ the lawyer said. direction, repudiated its reasoning publicly, For Gonzales’s aides, however, the experi- one week before Gonzales’s confirmation secretary of state. Judge Gonzales ence only reinforced a concern that the hearing. knows well that holding a public office State Department and the military legal Mr. LEAHY. Mr. President, I want to involves a bond with the American peo- community should not be trusted with infor- set the record straight on something ple.

VerDate Aug 04 2004 05:19 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.025 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S871 He has proven himself as a man of in- Attorney General, Alberto Gonzales. I Convention does not apply to these tegrity and with the highest profes- have read as much as I could about his kinds of captives. sional qualifications. That is why background and his life. Most impor- I do not know how else to say it. Judge Gonzales has broad support from tantly, I have read what those who There is opinion after opinion, inter- groups and individuals across our coun- have lived and worked with him during pretation after interpretation, that the try. His nomination is supported by the his life have had to say about him, and title which talks about the care and Hispanic National Bar Association, the I will read what they have had to say how one must treat prisoners of war League of United Latin American Citi- about him shortly. does not apply to terrorists. I will in- zens, the Fraternal Order of Police, the From everything I have read and sert in the RECORD three different lead- National District Attorneys Associa- learned, I have concluded that some on ing scholarly statements that say that tion, and the FBI Agents Association, that side of the aisle oppose him for to- is the case. Now, that is logical. to name just a few of these groups. tally personal, partisan, and political One might say, well, is America for He also has bipartisan support from reasons, no question about it. I do not torture? No. That is not logical. What those who know him best, including want to speculate as to why because it is logical is when the Geneva Conven- leading Democrats, for example, Henry is really inconceivable to me that tions were drawn, we were talking Cisneros, who served as Secretary of Democrats would do what they are about prisoners of war such as those in Housing and Urban Development under doing to this man. the First and the Second World Wars, President Clinton. Mr. Cisneros, a For decades, they used to talk about where literally thousands of soldiers former mayor of San Antonio, writes: the Democrat Party being the party of belonging to an army of another nation In the 36 years that I have voted, I have Hispanics, as if it were just as natural were gathered and this was to say that supported and voted for only one Republican. and normal as day follows night that you have to treat them a certain way. That was when Alberto Gonzales ran for Hispanics, that minority which is They belong to a country. Terrorists do election to the Texas Supreme Court. I mes- growing, just ought to be Democrats. not belong to any country. They are saged friends about this uncommonly capa- Well, something has happened a little not fighting a war for a country. They ble and serious man [and] I urged them to bit. Some change is occurring, and sure are not part of an organized military support his campaign. . . . He is now Presi- dent Bush’s nominee to be Attorney General enough this President is tinkering with that you capture. of the United States and I urge his confirma- that toy of theirs. He is appointing I don’t need to go into all that. I can tion. more qualified Hispanics to high office just say, that is a bum rap, to say he I have had the personal opportunity than any of their Presidents ever have. should not be Attorney General be- to meet with Judge Gonzales to discuss My colleagues cannot say Alberto cause he might have said or signed a many issues over the last few years on Gonzales was nominated just because memo that said we do not need to many different occasions. I have al- he is a minority with the name apply the Geneva Conventions to these ways found him to be a man who hon- Gonzales, because every single quali- captives. If that were the case, that ored his commitments, who kept his fication that one would require he has should not disqualify him because that promises. I know he is a leader who is met. is the predominant law, interpretive dedicated to protecting America, to Did the American Bar Association law of that convention. following the Constitution, and to ap- approve? Absolutely. What did the bar Then we say: Senator, you are not plying the rule of law. of Texas think about him? They named saying, since that is not the case, you The position of the Attorney General him to one of their highest offices be- are free to do whatever you want to is as challenging a job as ever given the fore we ever thought of him. What prisoners? Not at all. There still is a post-9/11 environment, but I am con- about law firms in Texas? He has been rule of law regarding the treatment of fident that as our Nation’s chief law a member of the best law firms there prisoners. I do not think anybody can enforcement officer, Judge Gonzales are. What about judicial temperament? rightfully get up and say Alberto will continue the progress we have He sat on the highest civil and crimi- Gonzales promoted or implicitly pro- made in fighting the war against ter- nal court in the big, great State of moted treating these kind of captives rorism, in combating crime, in Texas. Now, they did not all do that be- any old way you want. I do not believe strengthening the FBI, and in con- cause his name is Gonzales, but it just that is the case. tinuing to protect our cherished civil happens that it is. So I don’t know what we are talking liberties. Nor did they approve of him because about. There might be something. As Judge Gonzales himself said re- he was born in poverty, because his There might be something. It might be garding his nomination: parents did not speak English, or be- that there has been a decision on that side of the aisle to just make every ap- The American people expect and deserve a cause he lived in a house without run- Department of Justice guided by the rule of ning water. They did not approve of pointment of the President difficult, or law, and there should be no question regard- him because of that. They approved of anyone they can find the least thing ing the Department’s commitment to justice him because he was qualified. about, make it difficult. Let me say, I for every American. On this principle there So then one might ask, what is all don’t think it does them any good. I can be no compromise. this objection about? It seems as if don’t think the American people, 2 Alberto Gonzales, the man from there is an idea that for some reason or weeks from now, are going to think Humble, is committed to ensuring jus- another he has had a bad impact on our this effort on their part did anything tice for each and every American. He is country’s name because he is for tor- to hurt this man or hurt our President. committed to the rule of law. He de- turing prisoners, or if I am reading too What I am concerned about is whether serves our confirmation, and I urge my much into that then maybe it is he set the Democratic Party thinks it is colleagues to join me in voting for his a bad example which hurt America be- going to help them because I do think confirmation. cause people perceived he was for tor- it is another opportunity for Hispanics I thank the distinguished senior Sen- turing prisoners and he did not do any- to say, Why should we be Democrats? I ator from New Mexico for allowing me thing about it. think that is giving that nail another to precede him. Based on the record, based on the nice pound with a nice strong hammer. Mr. DOMENICI. Mr. President, I law, based on the interpretation of the I do not think there is any question thank the Senator for her good words. law, that is about as flimsy a reason as about that. Needless to say, I agree with the Sen- one could ever have for not approving I do think there is a growing concern ator and I hope that sometime tomor- this man to be Attorney General. on that side of the aisle as to who is row an overwhelming number of Sen- First, I do not want to take a lot of going to be the next Supreme Court ators from both sides of the aisle will time. It is late. We have heard a lot. I Justice. I know some might say: Sen- do likewise. did not come here without checking a ator DOMENICI, get off that. The PRESIDING OFFICER. The Sen- few things. I find that most authentic No, no, every time you get in cor- ator from New Mexico. and reliable discerners, interpreters of ners, little corners where people are Mr. DOMENICI. Mr. President, I rise the legal consequences of the Geneva talking up here, the subject is, who do in behalf of the President’s nominee for Convention conclude that the Geneva you think the President can appoint

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.081 S02PT1 S872 CONGRESSIONAL RECORD — SENATE February 2, 2005 who can get by the Senate? There was young Texans by the Texas JCs, and an him. I wouldn’t expect them to be for a lot of talk up here that maybe Outstanding Young Lawyer of Texas. this nominee. Alberto Gonzales was that person. I He was also suggested as the Texas I think I said most of what I wanted don’t know that. It looks to me, based Young Lawyer by their association. to say to the Senate for those who are on his history, based on his back- There are many more. I merely read interested in the other side of the coin ground, based on his relationship with these, and you know that they all are from what the Democrats—small in the President, he might be. But maybe, giving accolades, and that those who number but by sufficient numbers— if you make enough noise about him are giving accolades or giving awards want to make a lot of people in the and attempt to stick enough signs up are Hispanic. They are Hispanic organi- country think, that this man should on a billboard saying he is this, that, zations, Hispanic individuals. I think not have this job. or the other, maybe he will not be a that means something. We are very I think they are wrong. I think the candidate, a probable candidate any- proud as Republicans that the minority Hispanic community of America should more. That could be what some people Hispanics in America are thrilled with know that they are wrong. I think the think. I do not know. I hope it is not, this appointment. Hispanic community of America should and I hope, in spite of what has hap- I looked very carefully at a couple of know that most people who are con- pened, it doesn’t. organizations that have been cited or if cerned about them—Hispanic Ameri- I am not here as his champion for not should be cited as being opposed to cans—are for him. I think they could that job. That is the President’s job. him. I would be remiss if I didn’t tell rightfully conclude that those who are But I think it would be terrific if the you I would expect that they would be not for him don’t care about Hispanic President of the United States followed because they are so Democratic, I don’t Americans because most of them over- up on all the things he has done to think they could be for a Republican whelmingly think he is the right man prove that he has no discrimination Felix Frankfurter to be U.S. Attorney for this job. about his personal being and no dis- General if he were Republican. A cou- I thank the Senate for the few mo- crimination that stems from his party, ple of these Spanish organizations are ments I have had to discuss this matter or Republicans. He is open. He has, in so devoted to Democrats, they could and hope that my few words will have his Cabinet, we all know, a distin- not be for a Hispanic U.S. Attorney something to do with adding to the guished group of Americans who are General if he were Republican no mat- chorus of support for this candidate, minorities. This would be another one. ter what his name is. So it doesn’t and for some of those who listened to I want to close by saying I am very bother me that two of them are. that which is said against him will at pleased that a lot of organizations in But the League of United Latin least think if they were leaning toward this country, and a lot of distinguished American Citizens—LULAC, they are believing that, that there really is an- people have not bought the arguments for him. The National Council of La other side; and that real side is prob- made by the other side because they Raza—whether you agree with any of ably somewhere close to what I said in know him, they like him, they are fa- these or not—is for him. The Hispanic the last 10 minutes. miliar with him, they trust him, and National Bar Association is for him. I yield the floor. they want him to be Attorney General. The National Association of Latino The PRESIDING OFFICER. The Sen- Let me say first, about Henry Elected and Appointed Officials, they ator from Illinois. Cisneros—a lot of Americans and a lot are for him. The U.S. Hispanic Cham- Mr. DURBIN. Mr. President, I ask of Hispanic Americans know who he is. ber of Commerce is for him. unanimous consent to speak as if in He had a little downfall in his career, I can go on. There are eight more. I morning business. but he is a very considerate, intel- ask unanimous consent the list in its The PRESIDING OFFICER. Without ligent, concerned Hispanic American entirety be printed in the RECORD. objection, it is so ordered. from the State of Texas. He is the There being no objection, the mate- Mr. DURBIN. Mr. President, I have former mayor of San Antonio and a rial was ordered to be printed in the listened carefully to the remarks of the former Cabinet member, Democratic Record, as follows: Senator from New Mexico, and I would Presidential appointee. GONZALES NOMINATION—POSITIONS OF like to say two or three things for the I will not make his letter part of the HISPANIC GROUPS RECORD. SUPPORT RECORD since it has already been print- The criticism has been leveled that ed in the RECORD. It is dated January 5, League of United Latin American Citizens the Democrats are somehow obstruc- 2005, to the Wall Street Journal. (LULAC) tionists; that we are standing in the National Council of La Raza (Kerry)—Presi- This is a tremendous examination of path of the President to filling his Cab- dential Endorsement inet. The Senator from New Mexico who this nominee is, what he has done, Hispanic National Bar Associations what he has demonstrated, and the National Association of Latino Elected and knows this is the second rollcall on the conclusion that it will be good for Appointed Officials nominees of the President. Six nomi- America to have an Attorney General Hispanic Association of Colleges and Univer- nees for the Cabinet positions asked for who has memories like those—having sities (HACU) by President Bush have been approved stated his upbringing and the like— United States Hispanic Chamber of Com- by voice vote—without even a recorded merce vote having been taken. Only one re- . . . because he can rely on those memories Hispanic Alliance for Progress to understand the realities that many Amer- mains: Mr. Chertoff. To suggest that The Latino Coalition (Bush) somehow we are delaying, obstructing, icans still confront in their lives. I believe he Hispanic Business Roundtable (Bush) will apply those life experiences to the work New American Alliance standing in the road of progress for ahead. His confirmation by the Senate can MANA (national latina women’s organiza- this administration is to overlook the be part of America’s steady march toward tion) obvious. liberty and justice for all. National Association of Hispanic Publishers We have cooperated with this admin- That is not a Republican, that is not National Association of Hispanic Fire- istration. We have done our best to ex- the President, that is Henry Cisneros. fighters (Bush) pedite the hearings on these nominees. He signs it: Secretary of Housing and WITHHELD ENDORSEMENT There are only two of the highest po- Urban Development under President Mexican American Legal Defense and Edu- sitions—Secretary of State and Attor- Clinton, mayor of San Antonio, TX, cational Fund ney General—that have evoked any from 1981 through 1989. OPPOSE substantive floor debate. Mr. Gonzales, in 1989, was recognized Congressional Hispanic Caucus (Kerry) As I listen to my Republican col- as the Latino Lawyer of the Year by Mexican American Political Association leagues, it appears that their advice to the Hispanic National Bar Association National Latino Law Students Association the Democratic minority is to sit down and received a Presidential citation Mr. DOMENICI. There is a congres- and be quiet; you lost the election. from the State Bar of Texas in 1997 for sional Hispanic caucus which was But, as I understand it, each of us has his dedication in addressing the basic among those that I was mentioning a been elected to represent a State and legal needs of the indigent. He was cho- while ago. They endorsed Senator to stand up for the values in which we sen as one of the five outstanding KERRY, supported him, campaigned for believe. To ask for a few moments on

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.083 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S873 the floor to debate an important nomi- I hope that nobody would let the dis- 20 years of history we will look at this nation for Secretary of State or Attor- tinguished Senator kind of avoid the war on terrorism and judge us harshly ney General I don’t think is being im- issue. That is not the issue Senator for having sat down to rewrite the poli- pudent. I think it is what we were DOMENICI raises. cies and principles—the human prin- elected to do. The issue is that this man is totally ciples—that guided this country for The Constitution not only empowers qualified; that those who know him decades when it came to the treatment us and authorizes us; it commands us best say he is qualified. It appears that of prisoners and detainees. That is why to advise and consent—not just con- those on the other side of the aisle I have reservations about Judge sent. If we want to spend a day or two want to see him defeated, or put upon Gonzales. That is why I raised these debating something as serious as Judge by their arguments such that he questions, both in a public hearing and Gonzales’s involvement in rewriting doesn’t go into that office strong and in written questions to him personally. the torture policy in America, I don’t full of support but, rather, nicked by That is why I am opposing his nomina- think that is inappropriate. In fact, I attacks that are meaningless and with- tion, simply stated. think our silence would be inappro- out any merit. That is the argument. I have the greatest respect for what priate. I tried to tell everybody who is for he has achieved personally in life, but Those on the other side—and even him. Frankly, they knew him a lot bet- I have a responsibility to go beyond some on this side—may disagree with ter than any Senators knew him. Many that personal achievement and ask the conclusions reached earlier. I think of them like Cisneros knew him for 15 from a professional and governmental you will find when the rollcall comes years—and what he said about him on viewpoint, Is he the best person for this that there will be Senators on both January 5, not 10 years ago, what he job? That is why many of us have risen sides of the aisle voting for Judge was, what he wasn’t, how good he was. in opposition to his nomination. Gonzales. So be it. But to say we are That was my argument. My argu- I yield the floor. somehow stepping out of line by even ment and question was, Why? Maybe The PRESIDING OFFICER. The Sen- debating a nominee for the Cabinet is that is my question. I thank the Sen- ator from Kentucky. just plain wrong. ator for yielding. f Second, this is exactly the same ar- Mr. DURBIN. Mr. President, I thank MORNING BUSINESS gument that was used on the issue of the Senator from New Mexico. I will Mr. MCCONNELL. Mr. President, I make it a practice to always yield the judges. If you listened to the com- ask unanimous consent that there now mentaries, particularly from some floor whenever I possibly can because I be a period of morning business with sources on radio and television, you think dialog between two Senators Senators permitted to speak for up 10 would think that the Democrats had runs perilously close to debate which minutes each. found a way to stop most of the judges we have very little of on the floor of The PRESIDING OFFICER. Without nominated by President Bush over the the Senate. objection, it is so ordered. last 4 years. But look at the cold facts. I welcome the comments of the Sen- f Two-hundred and four of President ator from New Mexico. I may disagree Bush’s judicial nominees were ap- on this issue, but I hope we have re- RECOGNIZING NATIONAL APPRE- proved. They went through this Con- spect for one another and what we CIATION DAY FOR CATHOLIC gress, under both Democratic and Re- bring to this Chamber. SCHOOLS publican committee leadership. Only 10 The point I would like to make is Ms. LANDRIEU. Mr. President, I am nominees were held up. The final score this: I do not know him personally. I pleased to recognize that today, Feb- in that game was 204 to 10. It is clear met him in my office for a brief meet- ruary 2, 2005, is National Appreciation the President won the overwhelming ing, the first time we ever sat down to- Day for Catholic Schools. As a proud percentage of judicial nominees he sent gether. graduate of Catholic schools, I am de- to the floor of the Senate. If you listen I read his life story. I couldn’t help lighted to be able to meet some of to our critics, you would think it was but be impressed. Here is a man who these Catholic school student leaders the opposite—that we only approved 10 came from a very modest cir- to let them know what an investment judges and turned down 204. cumstance, who served his Nation in in our future they are. That wasn’t the case at all. When the Air Force, who went to law school, The spirit of Catholic schools has people come to the floor critical of the who became general counsel to the been present in the United States since Democrats for even wanting to debate Governor of Texas, a member of the the first settlers arrived in America. In a Cabinet nominee, I think they are Texas Supreme Court, and then legal 1606 the Franciscans opened a school in overstating the case. counsel to the President of the United what is now St. Augustine, FL. During Let me address the last point made States. It is an amazing, extraordinary the next century, the Franciscans and by the Senator from New Mexico. life story. Ursulines established Catholic schools Mr. DOMENICI. Mr. President, will Some of my colleagues, including the throughout the American colonies: in the Senator yield for 1 minute? Senator from Colorado, Mr. SALAZAR, Maryland, Massachusetts, Pennsyl- Mr. DURBIN. I would be happy to have talked about their origins and vania, New York, and even in non-Brit- yield for a question. their upbringing and how difficult it is ish colonial locales, such as New Orle- Mr. DOMENICI. I don’t want to take to overcome with discrimination in ans. After the American Revolution, the Senator’s right to the floor under many quarters. Thank goodness that is Catholic patriots worked to open the any circumstances. changing in America but not fast first official parochial school in the First, I ask to speak to ask the Sen- enough. United States, St. Mary’s School, es- ator a question right now, because I The point I would like to make is, I tablished in 1782 in Philadelphia. In can’t stay. I want the Senator to know don’t know a single Member of the Sen- 1789 Georgetown University, the first that I always appreciate his remarks. ate who has taken exception to Judge Catholic college in the United States, They always stimulate me, whatever Gonzales because he is Hispanic or be- was founded right here in the District. the Senator thinks that means. Maybe cause he comes from humble origins. Catholic schools have offered much it stimulates me to answer; maybe it That is not the issue. The issue we be- more to the United States than just makes me get red in the face. I don’t lieve, simply stated, is what did he do longevity, however; America’s Catholic know. as general counsel to the President? schools have offered an academic excel- Anyway, I don’t think my remarks Did it qualify him or disqualify him to lence that has helped to influence the were principally devoted to—in fact, have the highest law enforcement posi- moral, intellectual, physical, and so- only mildly devoted to—the delay that tion in the United States of America? I cial values of our youth for over 300 may be taking place with regard to think that is the issue. years. As Baltimore Archbishop Car- some nominees. I stand on that When I came to the floor to speak dinal James Gibbons said, ‘‘Education premise—that there have been delays earlier—and I will not recount my re- must make a person not only clever that were uncalled for. But that was marks—it related to the torture policy but good.’’ For more than three cen- the principal point. of which he was a part. I think in 10 or turies, Catholic schools in this country

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.089 S02PT1 S874 CONGRESSIONAL RECORD — SENATE February 2, 2005 have worked to do just that. They have greatest flyways in the world for mil- Port Fourchon, which supports 75 inspired our youth, enriched our com- lions of waterfowl and migratory song- percent of the deepwater production in munities, and provided a moral support birds. the Gulf, is the geographic and eco- for millions. Louisiana’s coastal wetlands provide nomic center of offshore drilling efforts Today, with over 2.6 million students storm protection for ports that carry along the Louisiana Coast. This port, enrolled in Catholic elementary and nearly 500 million tons of waterborne and much of the Nation’s energy sup- secondary schools, they are working as commerce annually—the largest port ply, is connected to the mainland by a hard as ever to enhance the education system in the world by tonnage. That 17-mile stretch of two-lane highway— of our youth. accounts for 21 percent of all water- LA 1—that is inundated by flooding in On a personal level, Catholic schools borne commerce in the United States relatively mild storms and is vulner- have greatly influenced who I am each year. In fact, four of the top ten able to being washed out completely. today. It was at my alma mater, Ursu- largest ports in the United States are The oil and gas produced offshore line Academy of New Orleans, that I located in Louisiana. Louisiana moves through a maze of sought my first elected office. As sev- These wetlands also offer protection pipelines that crisscross our State de- enth grade class vice-president, I took from storm surge for 2 million people livering energy to other regions of the to heart the Academy’s motto of and a unique culture. However, what country. In order to preserve this sup- serviam and fully embraced the words should be of fundamental interest to ply, Louisiana must be able to con- of the founder of the Ursuline Sisters, those of us here is the role these wet- tinue to host this production. Unfortu- St. Angela Merici that it is better ‘‘to lands play in our Nation’s energy secu- nately, the very coastal wetlands that serve than to be served.’’ The pro- rity by not only protecting the Na- support the critical infrastructure nec- motion of educational excellence, the tion’s critical energy infrastructure essary to deliver the energy are wash- development of the whole person, com- but also providing the energy supply ing away at an alarming rate leaving munity, and family, and the dedication that runs our daily lives. pipelines and other energy infrastruc- to service are values that I am grateful Eighty percent of the Nation’s off- ture vulnerable to the whims of Mother Ursuline reinforced. shore oil and gas supply, which is al- Nature. It is with these thoughts in mind most 30 percent of all the oil and gas When Hurricane Ivan struck back in that I offer my utmost congratulations consumed in this country, passes September, it should have been a wake- and thanks to the Catholic schools, through these wetlands to be distrib- up call to us all. Although the storm students, parents, and teachers across uted to the rest of the Nation. There did not directly hit Louisiana, its im- the Nation and specifically in Lou- are more than 20,000 miles of pipelines pact on prices and supply continues to isiana for the ongoing contributions in Federal offshore lands and thou- be felt today. Four months later, a per- they have made in the area of edu- sands more inland that all make land- centage of oil and gas production in the cation. You have done remarkable fall on Louisiana’s barrier islands and Gulf of Mexico remains offline as a re- work over the years, and I thank you wetland shorelines. The barrier islands sult of the storm, directly contributing for everything. are the first line of defense against the to higher oil and gas prices in our f combined wind and water forces of a country. One can only imagine what hurricane, and they serve as anchor the impact would have been to supply WORLD WETLANDS DAY points for pipelines originating off- and prices had Ivan cut a more Western Ms. LANDRIEU. Mr. President, I shore. path in the Gulf. come to the floor today on World Wet- Annual returns to the Federal Gov- Louisiana is losing its coastal land at lands Day to acknowledge the procla- ernment of oil and gas receipts from the staggering rate of 25 square miles a mation by the Governor of our State production on the Outer Continental year. That is square miles, not acres. that today, February 2, America’s Wet- Shelf, OCS, average more than $5 bil- That is a football field every 30 min- lands Day in Louisiana. World Wet- lion annually. No single area has con- utes. We lost more than 1,900 square lands Day is a day that we join to- tributed as much to the Federal treas- miles in the past 70 years, and the U.S. gether with people around the world to ury as the OCS. In fact, since 1953, the Geological Survey predicts we will lose bring public awareness to the benefits OCS has contributed $140 billion to the another 1,000 if decisive action is not and values of wetlands as well as the U.S. Treasury. taken now to save it. The effects of severe challenges that confront them. Between 80 and 90 percent of that natural processes like subsidence and February 2 of each year marks the date amount has come from offshore Lou- storms combined with the unintended of the signing in 1971 of the Convention isiana. In 2003, almost $6 billion in off- consequences of Federal actions like on Wetlands which provided a frame- shore revenues went into the Federal the leveeing of the Mississippi River work for national action and inter- treasury, and more than $5 billion, or and impacts from offshore oil and gas national cooperation toward the con- 80 percent of that amount came from exploration and development have led servation and wise use of wetlands and offshore Louisiana. Today the OCS sup- to an ecosystem on the verge of col- their resources. Wetlands can be found plies more than 25 percent of our Na- lapse. in every country and are among the tion’s natural gas production and more With the loss of barrier islands and most productive ecosystems in the than 30 percent our domestic oil pro- wetlands over the next 50 years, New world. duction, with the promise of more—ex- Orleans will lose its wetland buffer Those of us from Louisiana bring a pected to reach 40 percent by 2008. In that now protects it from many effects rather unique perspective to the sub- fact, the OCS supplies more oil to our of flooding. Hurricanes will pose the ject of wetlands. You see, Louisiana’s Nation than any other country includ- greatest threat, since New Orleans sits coast is really America’s wetland. It is ing Saudi Arabia. on a sloping continental shelf that not a beach, but a vast landscape of In addition to domestic production, makes it extremely vulnerable to wetlands. The landscape that extends Louisiana’s coast is the land base for storm surges. along Louisiana’s coast is one of the the Louisiana Offshore Oil Port, LOOP, More than 2 million people in inland largest and most productive expanses America’s only offshore oil port. LOOP south Louisiana will be subject to more of coastal wetlands in North America. handles about 15 percent of this coun- severe and frequent flooding than ever It is the seventh largest delta on try’s foreign oil and is connected to before. Coastal communities will be- Earth, where the Mississippi River more than 30 percent of the total refin- come shore-front towns, and the eco- drains two-thirds of the United States. ing capacity in the U.S. Much of the nomic and cultural costs of relocation It is also one of the most productive support infrastructure is located in the are estimated in the billions of dollars. environments in America—‘‘working most rapidly deteriorating coastal Louisiana takes pride in its role as wetlands’’ as they are known to Lou- areas. In addition to LOOP, one will the country’s most crucial energy pro- isianians—producing more seafood find two storage sites for the Strategic vider. Ours is a State rich in natural than any other State in the lower 48. It Petroleum Reserve, SPR, and Henry resources. However, given the contribu- is the nursery ground for the Gulf of Hub, one of the Nation’s major natural tion my State makes to the Nation, it Mexico and habitat for the one of the gas distribution centers. is time for all of us to consider what

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.074 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S875 the effects will be should we continue close any information relating to the inves- of any hearing to be held by the Committee, on our present track and ignore the tigation or prosecution of a criminal offense or any subcommittee thereof, at least 1 week problem. The fate of the country’s en- that is required to be kept secret in the in- in advance of such hearing, unless the Com- terests of effective law enforcement; mittee or subcommittee determines that ergy supply and infrastructure are just (e) will disclose information relating to the good cause exists for beginning such hear- one example of what is at stake. trade secrets or financial or commercial in- ings at an earlier time. There are increasing signs that peo- formation pertaining specifically to a given (b) Hearings may be initiated only by the ple around the country understand the person if— specified authorization of the Committee or seriousness of the situation. In a poll (1) an Act of Congress requires the infor- subcommittee. released today, 90 percent of the re- mation to be kept confidential by Govern- (c) Hearings shall be held only in the Dis- spondents said it was important to ment officers and employees; or trict of Columbia unless specifically author- (2) the information has been obtained by ized to be held elsewhere by a majority vote fund national efforts to restore Louisi- the Government on a confidential basis, of the Committee or subcommittee con- ana’s wetlands in and around New Orle- other than through an application by such ducting such hearings. ans as a means to limit the damage person for a specific Government financial or (d) The Chairman of the Committee or sub- that a direct hit from a hurricane other benefit, and is required to be kept se- committee shall consult with the Ranking would cause to the area. It is now long cret in order to prevent undue injury to the Minority Member thereof before naming wit- competitive position of such person; or nesses for a hearing. past time for the Federal Government (f) may divulge matters required to be kept (e) Witnesses appearing before the Com- to step up and invest in a State that confidential under other provisions of law or mittee shall file with the clerk of the Com- gives so much to the rest of the coun- Government regulations. mittee a written statement of their proposed try. 5. Presiding Officer.—The Chairman shall testimony prior to the hearing at which they RULES OF PROCEDURE—COMMITTEE ON ARMED preside at all meetings and hearings of the are to appear unless the Chairman and the SERVICES Committee except that in his absence the Ranking Minority Member determine that Mr. WARNER. Mr. President, the Ranking Majority Member present at the there is good cause not to file such a state- meeting or hearing shall preside unless by ment. Witnesses testifying on behalf of the Committee on Armed Services met majority vote the Committee provides other- Administration shall furnish an additional 50 today and adopted its rules for the wise. copies of their statement to the Committee. 109th Congress. In accordance with the 6. Quorum.—(a) A majority of the members All statements must be received by the Com- Standing Rules of the Senate, I ask of the Committee are required to be actually mittee at least 48 hours (not including week- unanimous consent that these rules be present to report a matter or measure from ends or holidays) before the hearing. the Committee. (See Standing Rules of the printed in the RECORD. (f) Confidential testimony taken or con- Senate 26.7(a)(1). There being no objection, the mate- fidential material presented in a closed hear- (b) Except as provided in subsections (a) ing of the Committee or subcommittee or rial was ordered to be printed in the and (c), and other than for the conduct of any report of the proceedings of such hearing RECORD, as follows: hearings, eight members of the Committee, shall not be made public in whole or in part RULES OF PROCEDURE OF THE COMMITTEE ON including one member of the minority party; or by way of summary unless authorized by ARMED SERVICES or a majority of the members of the Com- a majority vote of the Committee or sub- 1. Regular Meeting Day.—The Committee mittee, shall constitute a quorum for the committee. transaction of such business as may be con- shall meet at least once a month when Con- (g) Any witness summoned to give testi- sidered by the Committee. gress is in session. The regular meeting days mony or evidence at a public or closed hear- (c) Three members of the Committee, one of the Committee shall be Tuesday and ing of the Committee or subcommittee may of whom shall be a member of the minority be accompanied by counsel of his own choos- Thursday, unless the Chairman, after con- party, shall constitute a quorum for the pur- sultation with the Ranking Minority Mem- ing who shall be permitted at all times dur- pose of taking sworn testimony, unless oth- ing such hearing to advise such witness of ber, directs otherwise. erwise ordered by a majority of the full Com- 2. Additional Meetings.—The Chairman, his legal rights. mittee. (h) Witnesses providing unsworn testimony after consultation with the Ranking Minor- (d) Proxy votes may not be considered for to the Committee may be given a transcript ity Member, may call such additional meet- the purpose of establishing a quorum. of such testimony for the purpose of making ings as he deems necessary. 7. Proxy Voting.—Proxy voting shall be al- minor grammatical corrections. Such wit- 3. Special Meetings.—Special meetings of lowed on all measures and matters before the nesses will not, however, be permitted to the Committee may be called by a majority Committee. The vote by proxy of any mem- alter the substance of their testimony. Any of the members of the Committee in accord- ber of the Committee may be counted for the question involving such corrections shall be ance with paragraph 3 of Rule XXVI of the purpose of reporting any measure or matter decided by the Chairman. Standing Rules of the Senate. to the Senate if the absent member casting 11. Nominations.—Unless otherwise ordered 4. Open Meetings.—Each meeting of the such vote has been informed of the matter on by the Committee, nominations referred to Committee, or any subcommittee thereof, which the member is being recorded and has the Committee shall be held for at least including meetings to conduct hearings, affirmatively requested that he or she be so seven (7) days before being voted on by the shall be open to the public, except that a recorded. Proxy must be given in writing. Committee. Each member of the Committee meeting or series of meetings by the Com- 8. Announcement of Votes.—The results of shall be furnished a copy of all nominations mittee or a subcommittee thereof on the all roll call votes taken in any meeting of referred to the Committee. same subject for a period of no more than the Committee on any measure, or amend- 12. Real Property Transactions.—Each mem- fourteen (14) calendar days may be closed to ment thereto, shall be announced in the ber of the Committee shall be furnished with the public on a motion made and seconded to Committee report, unless previously an- a copy of the proposals of the Secretaries of go into closed session to discuss only wheth- nounced by the Committee. The announce- the Army, Navy, and Air Force, submitted er the matters enumerated below in clauses ment shall include a tabulation of the votes pursuant to 10 U.S.C. 2662 and with a copy of (a) through (f) would require the meeting to cast in favor and votes cast in opposition to the proposals of the Director of the Federal be closed, followed immediately by a record each such measure and amendment by each Emergency Management Agency, submitted vote in open session by a majority of the member of the Committee who was present pursuant to 50 U.S.C. App. 2285, regarding the members of the Committee or subcommittee at such meeting. The Chairman, after con- proposed acquisition or disposition of prop- when it is determined that the matters to be sultation with the Ranking Minority Mem- erty of an estimated price or rental of more discussed or the testimony to be taken at ber, may hold open a roll call vote on any than $50,000. Any member of the Committee such meeting or meetings— measure or matter which is before the Com- objecting to or requesting information on a (a) will disclose matters necessary to be mittee until no later than midnight of the proposed acquisition or disposal shall com- kept secret in the interests of national de- day on which the Committee votes on such municate his objection or request to the fense or the confidential conduct of the for- measure or matter. Chairman of the Committee within thirty eign relations of the United States; 9. Subpoenas.—Subpoenas for attendance of (30) days from the date of submission. (b) will relate solely to matters of Com- witnesses and for the production of memo- 13. Legislative Calendar.—(a) The clerk of mittee staff personnel or internal staff man- randa, documents, records, and the like may the Committee shall keep a printed calendar agement or procedure; be issued, after consultation with the Rank- for the information of each Committee mem- (c) will tend to charge an individual with a ing Minority Member, by the Chairman or ber showing the bills introduced and referred crime or misconduct, to disgrace or injure any other member designated by the Chair- to the Committee and the status of such the professional standing of an individual, or man, but only when authorized by a major- bills. Such calendar shall be revised from otherwise to expose an individual to public ity of the members of the Committee. The time to time to show pertinent changes in contempt or obloquy or will represent a subpoena shall briefly state the matter to such bills, the current status thereof, and clearly unwarranted invasion of the privacy which the witness is expected to testify or new bills introduced and referred to the of an individual; the documents to be produced. Committee. A copy of each new revision (d) will disclose the identity of any in- 10. Hearings.—(a) Public notice shall be shall be furnished to each member of the former or law enforcement agent or will dis- given of the date, place, and subject matter Committee.

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.014 S02PT1 S876 CONGRESSIONAL RECORD — SENATE February 2, 2005 (b) Unless otherwise ordered, measures re- including North Carolina State Univer- late him on his many outstanding con- ferred to the Committee shall be referred by sity, Ohio State University, Oregon tributions, and I wish him a long and the clerk of the Committee to the appro- State University, the University of happy and healthy retirement. priate department or agency of the Govern- New Mexico, and Idaho’s three research ment for reports thereon. f universities—Boise State University, 14. Except as otherwise specified herein, DARFUR the Standing Rules of the Senate shall gov- Idaho State University, and the Uni- ern the actions of the Committee. Each sub- versity of Idaho. Mr. FEINGOLD. Mr. President, the committee of the Committee is part of the The competition for managing the United Nations’ Commission of Inquiry Committee, and is therefore subject to the lab brought out the highest caliber of on the crisis in Darfur reported to the Committee’s rules so far as applicable. teams. With the Battelle Energy Alli- Security Council on Monday of this 15. Powers and Duties of Subcommittees.— ance, we have a truly extraordinary na- week. Like every credible account of Each subcommittee is authorized to meet, what has happened in Darfur, the re- hold hearings, receive evidence, and report tional team, committed to collabo- to the full Committee on all matters referred rating broadly to ensure our collective port makes for grim reading. The Com- to it. Subcommittee chairmen, after con- interests in energy security, homeland mission pointed to the ‘‘killing of civil- sultation with Ranking Minority Members of security and economic security are ians, torture, enforced disappearances, the subcommittees, shall set dates for hear- well served by the new Idaho National destruction of villages, rape and other ings and meetings of their respective sub- Laboratory. forms of sexual violence’’ in its discus- committees after consultation with the f sion of the violations of international Chairman and other subcommittee chairmen law that have occurred in the area, and with a view toward avoiding simultaneous LIEUTENANT COLONEL GABRIEL also found that there may have been scheduling of full Committee and sub- PATRICIO committee meetings or hearings whenever Sudanese Government officials and possible. Mr. KENNEDY. Mr. President, I wel- others who acted ‘‘with genocidal in- come this opportunity to pay tribute tent.’’ f to Lieutenant Colonel Gabriel R. This report stands in stark contrast ACKNOWLEDGING STARTUP OF Patricio, who is concluding a 24-year to the positive news that emerged from THE IDAHO NATIONAL LABORA- career of dedication and excellence in Sudan last month, when a comprehen- TORY the United States Marines. At the Ma- sive agreement to end the decades- Mr. CRAPO. Mr. President, I rise rine Corps Systems Command in long, devastating north-south civil war today to acknowledge a new beginning Quantico, VA in recent years, he has was signed. I welcomed that agree- with significance not only for the State had a leading role in modernizing com- ment, and I hope it is successful. But of Idaho, but for the entire Nation. I bat clothing and equipment to make the truth is that I have little con- am speaking of the February 1, 2005, troops faster, more efficient, lighter fidence in the Government of Sudan, formal launch of the new Idaho Na- and safer in battle. Colonel Patricio’s and I see no reason to believe that a tional Laboratory. talents have produced the most signifi- north-south peace agreement will At the direction of the administra- cant upgrade in individual clothing and awaken that government to its respon- tion, the Idaho National Engineering combat equipment for Marines in more sibility to protect all of its citizens. and Environmental Laboratory and the than 50 years. Just days after the historic peace Argonne National Laboratory-West, Colonel Patricio’s ability to think agreement was signed, I visited the ref- two esteemed research facilities that outside-the-box served him well in ugee camps of eastern Chad and spoke have served this country so well for finding better ways to solve old prob- to Sudanese citizens who had fled over 55 years, are being combined to lems. His innovative ideas have re- Darfur. They spoke of their desperate pursue even greater research and devel- duced the time it takes to move a prod- need for basic security back at home, opment heights as a single, cohesive uct from concept to the field; so that and they are right. Consistent reports enterprise. The new laboratory in life-saving equipment is being made indicate that the violence in Darfur Idaho has an unmatched foundation on available to Marines more quickly. As has continued. The Commission of In- which to pursue its Department of En- an example, he reached across the serv- quiry’s recent report serves to remind ergy-assigned vision of international ices to the Army’s Research and Devel- all of us, Mr. President, that tragedy nuclear leadership for the 21st century, opment Center in Natick, MA to take persists in Sudan, and the world has compelling contributions in national advantage of their cutting-edge tech- not done enough to stop it. and homeland security technology de- nology, which is now saving lives in Much of the attention surrounding velopment, and execution of a broad Iraq. this report, Mr. President, has focused supporting science and technology Most recently, Colonel Patricio on the Commission’s recommendation portfolio. spearheaded an initiative to develop that the International Criminal Court, Idaho is the place where the first usa- and field a state-of-the-art, on-the- or ICC, take up the Darfur issue with ble amount of electricity from nuclear move water purification and hydration the intention of trying those respon- energy was generated. It is where the system. Under his leadership, Systems sible for atrocities. propulsion system for the first nuclear- Command and two private companies Just as the question of whether or powered submarine was developed. And pooled their resources and expertise to not to use the word ‘‘genocide’’ was, for it is where 52 mostly first-of-their- create a pen-sized device that troops some time, a debate that distracted at- kind, nuclear reactors were designed are now using to make local water tention from the need to take meaning- and constructed. Looking ahead, it is clean and drinkable. ful action to bring security to the peo- clearly a place well-qualified to imple- Colonel Patricio has successfully ple of Darfur, I fear that a new issue— ment the technology-based components managed programs to develop and field the question of whether or not the of the national energy policy our Na- other products to enhance the safety crimes committed in Darfur should be tion needs and that I hope this body and performance of our troops in Iraq taken up by the International Criminal will act on this year. and elsewhere, including new, light- Court—may soon dominate the debate. The new Idaho National Laboratory weight and more protective body Mr. President, the administration is is being managed by a team that draws armor; new protection for the face and implacably opposed to the ICC. Frank- expertise from companies and aca- eyes; lightweight helmets; improved ly, this is a subject on which the Presi- demic institutions across the Nation. load-bearing backpacks; hot weather, dent and I share some common ground. The Battelle Energy Alliance is led by lightweight ‘‘Jungle/Desert’’ boots; I have not supported joining the ICC as Battelle Memorial Institute of Ohio. high performance lightweight and it stands. I want more protection for Its partners include BWX Technologies heavyweight Polartec fleece clothing; our troops to ensure that they will not of Virginia, Washington Group Inter- and specialized mountain and cold- be targets of unjust and politically mo- national of Idaho, the Electric Power weather clothing, including gloves, tivated prosecutions. Research Institute of California and a boots and jackets. But I do believe that it was a mis- Massachusetts Institute of Technology Colonel Patricio has served the Ma- take to walk off in a huff as the ICC led national consortium of universities rines, and the Nation well. I congratu- was taking shape. It is hard to protect

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.016 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S877 our troops from unfair prosecutions if man-made catastrophe. We must con- by seniors do not go up just as the we aren’t at the table to win those pro- tinue to build a solid international coa- Medicare prescription drug benefit goes tections. lition to pressure the Sudanese regime. into effect. It will also ensure that sen- I also believe that threatening our al- I know that many of my colleagues and iors and others who depend on Medi- lies and trying to bully them into many in the administration share my care have the complete, accurate infor- changing their position on the ICC, frustration with the grace periods, the mation they need when deciding upon a rather than sitting at the table to work delays, the empty threats, and the prescription drug plan under Medicare. these issues out, was a mistake. There hesitations. It is well past time, then, It is important that we act now, in a are ways to protect our interests that to do something about that. If we can bipartisan manner, to fix the flaws in- do not involve infuriating the allies send a former Secretary of State cluded in the Medicare Modernization that we need to win the war on ter- around the world to encourage others Act before the prescription drug ben- rorism. to relieve Iraqi debt, then we can ap- efit begins next year. The MEND Act Certainly there are better ways to point a very senior Presidential envoy will help both those who depend on the protect our interests than to stand in to focus on this problem, to drum up Medicare Program, and those who have the way of trying people guilty of what support in capitals around the world, to pay for it, by acting to rein in the our own administration has called to squeeze every drop of potential co- skyrocketing prices of prescription genocide. operation from others with intense dis- drugs. The American Servicemembers Pro- cussions and negotiations. The Govern- f tection Act, which Congress passed to ment of Sudan should feel intense pres- HELPING TO PREPARE PROVIDERS give concrete form to the objections sure every day, not hear mild scoldings TO CARE that many have to the ICC, contains a and mixed messages every month or so. provision stating: And the U.S. should not muddle our Mr. AKAKA. Mr. President, so many Nothing in this title shall prohibit the message by getting tangled up in our of VA health care providers are truly United States from rendering assistance to contorted position on the ICC. dedicated to treating all of the ail- international efforts to bring to justice Sad- Now the Commission of Inquiry’s re- ments veterans face, including psycho- dam Hussein, Slobodan Milosovic, Osama bin port has the potential to prod other logical ones. In an attempt to help VA Laden, other members of Al Queda, leaders states into action. It would be a ter- providers understand the special needs of Islamic Jihad, and other foreign nationals rible shame if the United States, once of Operation Iraqi Freedom and Oper- accused of genocide, war crimes or crimes at the forefront of urging action on ation Enduring Freedom veterans, one against humanity. Sudan, now became a part of the prob- particular VA health care region has It seems to me that the crisis in lem. made special efforts. Darfur may be precisely the kind of sit- The Brockton Division of the VA f uation that such a provision was in- Boston Healthcare System Continuing tended to cover. We have an interest— MEDICARE ENHANCEMENT FOR Education Committee hosted a con- a moral interest and a political inter- NEEDED DRUGS ACT ference, entitled ‘‘Preparing for the est—in refusing to accept impunity for Mr. FEINGOLD. Mr. President, I am acute and long-term needs of Afghani- the grave abuses that have been com- proud to join the Senator from Maine, stan and Iraq war veterans.’’ Several mitted in Darfur and in promoting OLYMPIA SNOW, and the Senator from experts in their respective fields served long-term stability by insisting on ac- Oregon, RON WYDEN as an original co- as speakers and made presentations to countability. There is no question of sponsor of the bipartisan Medicare En- attendees. Brett Litz, Ph.D., of the Na- American troops or political figures hancement for Needed Drugs (MEND) tional Center for Post Traumatic being involved. The legitimate con- Act. This bill takes necessary steps to Stress Disorder, PTSD, discussed ‘‘Pro- cerns that we have with the ICC simply ensure that our seniors, and our tax- moting Continuity of Care and Under- are relevant to this situation. payers, receive the best price possible standing: Putting the Long-Term The administration’s position today, on prescription drugs under the new lmpact of the War in Afghanistan and as I understand it, is that we should Medicare prescription drug benefit. Iraq in Context.’’ Dr. Litz helped the create an entirely new international One of the primary reasons I voted crowd to appreciate the active-duty tribunal for Sudan. If that is what it against the Medicare Modernization military mental health culture; under- takes to bring some justice to the peo- Act was because I felt that it did not stand the early intervention and the ple of Darfur, so be it. But it is not go far enough in addressing the sky- variety of interventions for acute trau- really difficult to understand why rocketing prices of prescription drugs. ma; and appreciate high probability other members of the international Without strong, proactive measures to themes to war-zone traumas in Afghan- community would be resistant to cre- keep the prices of prescription drugs in istan and Iraq veterans. ating an entirely new structure, poten- check, seniors will continue to struggle Lieutenant Colonel Chuck Engel, tially every time that serious crimes to afford their prescription drugs, even MD, MPH, of Walter Reed Medical Cen- against humanity occur, when a struc- with Medicare’s help, and the overall ter, addressed ‘‘Quality of Post-Deploy- ture already exists for the express pur- cost of the Medicare Program will con- ment Health Care in the Defense poses of dealing with these issues. Par- tinue to mushroom. Health System—Steady Progress or ticularly when our own administration There is bipartisan agreement that Unified Promises?’’ Lt. Col. Engel in- has been pressing existing ad-hoc tribu- by prohibiting the Medicare Program formed attendees of the strengths and nals to wrap up their costly but impor- from negotiating the prices of prescrip- limitations of Deployment health ini- tant work, it seems odd to create an- tion drugs, the Medicare Modernization tiatives in the Department of Defense; other ad-hoc mechanism when the ICC Act is actually failing to utilize the ways to improve the continuity of care exists. Most worryingly, it gives those purchasing power of the Medicare Pro- from postdeployment to discharge and who would rather continue to wallow gram. The MEND Act will repeal this beyond; and the role of primary care in in endless reviews and deliberations prohibition, and allow—and in some identifying and treating mental health while people in Darfur die another op- circumstances mandate—the Secretary problems caused by exposure to war. portunity to delay reviews and mean- to negotiate the prices of prescription Lieutenant Colonel Carl Castro, ingful action. drugs. This type of negotiation will Ph.D., of Walter Reed Army Institute So I believe that the administration save taxpayers’ dollars while reducing of Research, spoke about the ‘‘Impact should think about what makes good the costs of prescription drugs for of Combat on the Mental Health of Sol- sense in this case. Efforts to bring an Medicare beneficiaries. diers,’’ focusing on the findings of the end to the crisis in Darfur have fal- The MEND Act also provides Medi- Mental Health Assessment Team’s tered, time and again, due to a lack of care beneficiaries and taxpayers with evaluation of Iraq War veterans mental multilateral political will. Security valuable information on the prices of health and well-being in the warzone; Council members were unable to do prescription drugs under the new Medi- the findings of the psychological more than contemplate the possibility care benefit. This reporting will ensure screening program in the U.S. Army; of sanctions in the face of a terrible that the prices of the drugs most used and the risk and resilience factors that

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.029 S02PT1 S878 CONGRESSIONAL RECORD — SENATE February 2, 2005 predict deployment and post-deploy- pleased to have this opportunity to ap- America’s prosperity requires re- ment mental health in active duty plaud the accomplishments of this out- straining the spending appetite of the military personnel. standing organization and to celebrate Federal Government. I welcome the bi- The final featured speaker was Yuval with them the history and future of partisan enthusiasm for spending dis- Neria, Ph.D., of the New York Psy- American Medical Women’s Associa- cipline. So next week I will send you a chiatric Institute. Dr. Neria educated tion.∑ budget that holds the growth of discre- the audience about ‘‘Israeli War Vet- f tionary spending below inflation, makes tax relief permanent, and stays erans and POW’s Two Decades After REPORT ON THE STATE OF THE on track to cut the deficit in half by the War: Findings from the Yom UNION DELIVERED TO A JOINT 2009. My budget substantially reduces Kippur 1973 War.’’ She concentrated SESSION OF CONGRESS ON FEB- or eliminates more than 150 Govern- her discussion on understanding the RUARY 2, 2005—PM 2 phenomenology of war-trauma; under- ment programs that are not getting re- standing the nature of combat stress The PRESIDING OFFICER laid be- sults, or duplicate current efforts, or reactions; and understanding the im- fore the Senate the following message do not fulfill essential priorities. The pact of war-trauma across the lifespan. from the President of the United principle here is clear: a taxpayer dol- These medical professionals provided States, together with an accompanying lar must be spent wisely, or not at all. just a snapshot of the strides VA has report; which was ordered to lie on the To make our economy stronger and made and hopefully will continue to table: more dynamic, we must prepare a ris- make in the field of war-trauma. I ap- To the Congress of the United States: ing generation to fill the jobs of the plaud these VA health care providers. Mr. Speaker, Vice President CHENEY, 21st century. Under the No Child Left As ranking member of the Committee Members of Congress, fellow citizens: Behind Act, standards are higher, test on Veterans Affairs, I will be working As a new Congress gathers, all of us scores are on the rise, and we are clos- to ensure that DoD and VA cooperate in the elected branches of Government ing the achievement gap for minority to make sure that there is a seamless share a great privilege: we have been students. Now we must demand better transition from active military status placed in office by the votes of the peo- results from our high schools, so every to veteran status. VA providers are ple we serve. And tonight that is a high school diploma is a ticket to suc- quite obviously incredibly important privilege we share with newly elected cess. We will help an additional 200,000 as we seek to make this seamless tran- leaders of Afghanistan, the Palestinian workers to get training for a better ca- sition. territories, Ukraine, and a free and reer, by reforming our job training sys- sovereign Iraq. f tem and strengthening America’s com- Two weeks ago, I stood on the steps munity colleges. And we will make it ADDITIONAL STATEMENTS of this Capitol and renewed the com- easier for Americans to afford a college mitment of our Nation to the guiding education, by increasing the size of ideal of liberty for all. This evening I CELEBRATING THE 90TH BIRTH- Pell Grants. will set forth policies to advance that To make our economy stronger and DAY OF THE AMERICAN MED- ideal at home and around the world. more competitive, America must re- ICAL WOMEN’S ASSOCIATION Tonight, with a healthy, growing ward, not punish, the efforts and ∑ Ms. SNOWE. Mr. President, I rise to economy, with more Americans going dreams of entrepreneurs. Small busi- extend my congratulations to the back to work, with our Nation an ac- ness is the path of advancement, espe- American Medical Women’s Associa- tive force for good in the world—the cially for women and minorities, so we tion, AMWA, on the occasion of its 90th state of our Union is confident and must free small businesses from need- strong. Our generation has been Birthday Year Celebration. less regulation and protect honest job- blessed—by the expansion of oppor- Throughout this century, AMWA, creators from junk lawsuits. Justice is tunity, by advances in medicine, and which is known as the Vision and Voice distorted, and our economy is held by the security purchased by our par- of Women in Medicine, has been deter- back, by irresponsible class actions and ents’ sacrifice. Now, as we see a little mined in its efforts to advance women frivolous asbestos claims—and I urge gray in the mirror—or a lot of gray— in the medical profession and to pro- Congress to pass legal reforms this and we watch our children moving into mote women’s health. This leading year. multidisciplinary association of women adulthood, we ask the question: What To make our economy stronger and will be the state of their Union? in medicine in our country has encour- more productive, we must make health Members of Congress, the choices we aged and honored excellence in the care more affordable, and give families make together will answer that ques- fields of medicine, health care and tion. Over the next several months, on greater access to good coverage, and science through a wide array of schol- issue after issue, let us do what Ameri- more control over their health deci- arships, grants, and awards, as well as cans have always done, and build a bet- sions. I ask Congress to move forward diverse educational programs for physi- ter world for our children and grand- on a comprehensive health care agen- cians, medical students and the general children. da—with tax credits to help low-in- public. First, we must be good stewards of come workers buy insurance, a commu- Over these nine decades, AMWA has this economy, and renew the great in- nity health center in every poor coun- supported numerous charitable pro- stitutions on which millions of our fel- ty, improved information technology grams, particularly focusing on the low citizens rely. to prevent medical errors and needless needs of disadvantaged women and America’s economy is the fastest costs, association health plans for their families. For 75 years, AMWA’s growing of any major industrialized na- small businesses and their employees, American Women’s Hospitals Service tion. In the past 4 years, we have pro- expanded health savings accounts, and clinics in the U.S. and abroad have pro- vided tax relief to every person who medical liability reform that will re- vided desperately needed care to the pays income taxes, overcome a reces- duce health care costs, and make sure medically underserved. In addition, sion, opened up new markets abroad, patients have the doctors and care they hundreds of medical students and resi- prosecuted corporate criminals, raised need. dents have received remarkable homeownership to the highest level in To keep our economy growing, we healthcare training in these and other history, and in the last year alone, the also need reliable supplies of afford- remote clinics worldwide through United States has added 2.3 million able, environmentally responsible en- AMWA’s sponsorship. new jobs. When action was needed, the ergy. Nearly 4 years ago, I submitted a AMWA’s advocacy on behalf of wom- Congress delivered—and the Nation is comprehensive energy strategy that en’s health and research has made grateful. encourages conservation, alternative AMWA a leading voice for the care of Now we must add to these achieve- sources, a modernized electricity grid, women and their children. ments. By making our economy more and more production here at home, in- As someone who has been committed flexible, more innovative, and more cluding safe, clean nuclear energy. My to expanding opportunities for women competitive, we will keep America the Clear Skies legislation will cut power and enhancing women’s health, I am economic leader of the world. plant pollution and improve the health

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.035 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S879 of our citizens. And my budget provides only about three workers—and over the ment. And we must take care that any strong funding for leading-edge tech- next few decades, that number will fall changes in the system are gradual, so nology—from hydrogen-fueled cars, to to just two workers per beneficiary. younger workers have years to prepare clean coal, to renewable sources such With each passing year, fewer workers and plan for their future. as ethanol. Four years of debate is are paying ever-higher benefits to an As we fix Social Security, we also enough—I urge Congress to pass legis- ever-larger number of retirees. have the responsibility to make the lation that makes America more se- So here is the result: Thirteen years system a better deal for younger work- cure and less dependent on foreign en- from now, in 2018, Social Security will ers. And the best way to reach that ergy. be paying out more than it takes in. goal is through voluntary personal re- All these proposals are essential to And every year afterward will bring a tirement accounts. Here is how the expand this economy and add new new shortfall, bigger than the year be- idea works. Right now, a set portion of jobs—but they are just the beginning of fore. For example, in the year 2027, the the money you earn is taken out of our duty. To build the prosperity of fu- Government will somehow have to your paycheck to pay for the Social Se- ture generations, we must update insti- come up with an extra 200 billion dol- curity benefits of today’s retirees. If tutions that were created to meet the lars to keep the system afloat—and by you are a younger worker, I believe needs of an earlier time. Year after 2033, the annual shortfall would be you should be able to set aside part of year, Americans are burdened by an ar- more than 300 billion dollars. By the that money in your own retirement ac- chaic, incoherent Federal tax code. I year 2042, the entire system would be count, so you can build a nest egg for have appointed a bipartisan panel to exhausted and bankrupt. If steps are your own future. examine the tax code from top to bot- not taken to avert that outcome, the Here is why personal accounts are a tom. And when their recommendations only solutions would be drastically better deal. Your money will grow, are delivered, you and I will work to- higher taxes, massive new borrowing, over time, at a greater rate than any- gether to give this Nation a tax code or sudden and severe cuts in Social Se- thing the current system can deliver— that is pro-growth, easy to understand, curity benefits or other Government and your account will provide money and fair to all. programs. for retirement over and above the America’s immigration system is I recognize that 2018 and 2042 may check you will receive from Social Se- also outdated—unsuited to the needs of seem like a long way off. But those curity. In addition, you’ll be able to our economy and to the values of our dates are not so distant, as any parent pass along the money that accumulates country. We should not be content with will tell you. If you have a five-year- in your personal account, if you wish, laws that punish hardworking people old, you’re already concerned about to your children or grandchildren. And who want only to provide for their fam- how you’ll pay for college tuition 13 best of all, the money in the account is ilies, and deny businesses willing work- years down the road. If you’ve got chil- yours, and the Government can never ers, and invite chaos at our border. It dren in their 20s, as some of us do, the take it away. is time for an immigration policy that idea of Social Security collapsing be- The goal here is greater security in permits temporary guest workers to fore they retire does not seem like a retirement, so we will set careful fill jobs Americans will not take, that small matter. And it should not be a guidelines for personal accounts. We rejects amnesty, that tells us who is small matter to the United States Con- will make sure the money can only go entering and leaving our country, and gress. into a conservative mix of bonds and that closes the border to drug dealers You and I share a responsibility. We stock funds. We will make sure that and terrorists. must pass reforms that solve the finan- your earnings are not eaten up by hid- One of America’s most important in- cial problems of Social Security once den Wall Street fees. We will make stitutions—a symbol of the trust be- and for all. sure there are good options to protect tween generations—is also in need of Fixing Social Security permanently your investments from sudden market wise and effective reform. Social Secu- will require an open, candid review of swings on the eve of your retirement. rity was a great moral success of the the options. Some have suggested lim- We will make sure a personal account 20th Century, and we must honor its iting benefits for wealthy retirees. can’t be emptied out all at once, but great purposes in this new century. Former Congressman Tim Penny has rather paid out over time, as an addi- The system, however, on its current raised the possibility of indexing bene- tion to traditional Social Security ben- path, is headed toward bankruptcy. fits to prices rather than wages. During efits. And we will make sure this plan And so we must join together to the 1990s, my predecessor, President is fiscally responsible, by starting per- strengthen and save Social Security. Clinton, spoke of increasing the retire- sonal retirement accounts gradually, Today, more than 45 million Ameri- ment age. Former Senator John and raising the yearly limits on con- cans receive Social Security benefits, Breaux suggested discouraging early tributions over time, eventually per- and millions more are nearing retire- collection of Social Security benefits. mitting all workers to set aside 4 per- ment—and for them the system is The late Senator Daniel Patrick Moy- centage points of their payroll taxes in strong and fiscally sound. I have a mes- nihan recommended changing the way their accounts. sage for every American who is 55 or benefits are calculated. Personal retirement accounts should older: Do not let anyone mislead you. All these ideas are on the table. I be familiar to Federal employees, be- For you, the Social Security system know that none of these reforms would cause you already have something will not change in any way. be easy. But we have to move ahead similar, called the Thrift Savings Plan, For younger workers, the Social Se- with courage and honesty, because our which lets workers deposit a portion of curity system has serious problems children’s retirement security is more their paychecks into any of five dif- that will grow worse with time. Social important than partisan politics. I will ferent broadly based investment funds. Security was created decades ago, for a work with members of Congress to find It is time to extend the same security, very different era. In those days people the most effective combination of re- and choice, and ownership to young didn’t live as long, benefits were much forms. I will listen to anyone who has Americans. lower than they are today, and a half a good idea to offer. We must, however, Our second great responsibility to century ago, about 16 workers paid into be guided by some basic principles. We our children and grandchildren is to the system for each person drawing must make Social Security perma- honor and to pass along the values that benefits. Our society has changed in nently sound, not leave that task for sustain a free society. So many of my ways the founders of Social Security another day. We must not jeopardize generation, after a long journey, have could not have foreseen. In today’s our economic strength by increasing come home to family and faith, and are world, people are living longer and payroll taxes. We must ensure that determined to bring up responsible, therefore drawing benefits longer—and lower income Americans get the help moral children. Government is not the those benefits are scheduled to rise they need to have dignity and peace of source of these values, but government dramatically over the next few dec- mind in their retirement. We must should never undermine them. ades. And instead of 16 workers paying guarantee that there is no change for Because marriage is a sacred institu- in for every beneficiary, right now it’s those now retired or nearing retire- tion and the foundation of society, it

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.044 S02PT1 S880 CONGRESSIONAL RECORD — SENATE February 2, 2005 should not be re-defined by activist justice. In America we must make dou- rorists. In the next 4 years, my Admin- judges. For the good of families, chil- bly sure no person is held to account istration will continue to build the dren, and society, I support a constitu- for a crime he or she did not commit— coalitions that will defeat the dangers tional amendment to protect the insti- so we are dramatically expanding the of our time. tution of marriage. use of DNA evidence to prevent wrong- In the long term, the peace we seek Because a society is measured by how ful conviction. Soon I will send to Con- will only be achieved by eliminating it treats the weak and vulnerable, we gress a proposal to fund special train- the conditions that feed radicalism and must strive to build a culture of life. ing for defense counsel in capital cases, ideologies of murder. If whole regions Medical research can help us reach because people on trial for their lives of the world remain in despair and that goal, by developing treatments must have competent lawyers by their grow in hatred, they will be the re- and cures that save lives and help peo- side. cruiting grounds for terror, and that ple overcome disabilities—and I thank Our third responsibility to future terror will stalk America and other Congress for doubling the funding of generations is to leave them an Amer- free nations for decades. The only force the National Institutes of Health. To ica that is safe from danger, and pro- powerful enough to stop the rise of tyr- build a culture of life, we must also en- tected by peace. We will pass along to anny and terror, and replace hatred sure that scientific advances always our children all the freedoms we with hope, is the force of human free- serve human dignity, not take advan- enjoy—and chief among them is free- dom. Our enemies know this, and that tage of some lives for the benefit of dom from fear. is why the terrorist Zarqawi recently others. We should all be able to agree In the three and a half years since declared war on what he called the on some clear standards. I will work September 11th, 2001, we have taken ‘‘evil principle’’ of democracy. And we with Congress to ensure that human unprecedented actions to protect have declared our own intention: embryos are not created for experimen- Americans. We have created a new de- America will stand with the allies of tation or grown for body parts, and partment of Government to defend our freedom to support democratic move- that human life is never bought and homeland, focused the FBI on pre- ments in the Middle East and beyond, sold as a commodity. America will con- venting terrorism, begun to reform our with the ultimate goal of ending tyr- tinue to lead the world in medical re- intelligence agencies, broken up terror anny in our world. search that is ambitious, aggressive, cells across the country, expanded re- The United States has no right, no and always ethical. search on defenses against biological desire, and no intention to impose our Because courts must always deliver and chemical attack, improved border form of Government on anyone else. impartial justice, judges have a duty to security, and trained more than a half That is one of the main differences be- faithfully interpret the law, not legis- million first responders. Police and tween us and our enemies. They seek late from the bench. As President, I firefighters, air marshals, researchers, to impose and expand an empire of op- have a constitutional responsibility to and so many others are working every pression, in which a tiny group of bru- nominate men and women who under- day to make our homeland safer, and tal, self-appointed rulers control every stand the role of courts in our democ- we thank them all. aspect of every life. Our aim is to build racy, and are well qualified to serve on Our Nation, working with allies and and preserve a community of free and the bench—and I have done so. The friends, has also confronted the enemy independent nations, with governments Constitution also gives the Senate a re- abroad, with measures that are deter- that answer to their citizens, and re- sponsibility: Every judicial nominee mined, successful, and continuing. The flect their own cultures. And because deserves an up-or-down vote. al-Qaida terror network that attacked democracies respect their own people Because one of the deepest values of our country still has leaders—but and their neighbors, the advance of our country is compassion, we must many of its top commanders have been freedom will lead to peace. never turn away from any citizen who removed. There are still governments That advance has great momentum feels isolated from the opportunities of that sponsor and harbor terrorists—but in our time—shown by women voting America. Our Government will con- their number has declined. There are in Afghanistan, and palestinians choos- tinue to support faith-based and com- still regimes seeking weapons of mass ing a new direction, and the people of munity groups that bring hope to harsh destruction—but no longer without at- Ukraine asserting their democratic places. Now we need to focus on giving tention and without consequence. Our rights and electing a president. We are young people, especially young men in country is still the target of terrorists witnessing landmark events in the his- our cities, better options than apathy, who want to kill many, and intimidate tory of liberty. And in the coming or gangs, or jail. Tonight I propose a 3- us all—and we will stay on the offen- years, we will add to that story. year initiative to help organizations sive against them, until the fight is The beginnings of reform and democ- keep young people out of gangs, and won. racy in the Palestinian territories are show young men an ideal of manhood Pursuing our enemies is a vital com- showing the power of freedom to break that respects women and rejects vio- mitment of the war on terror—and I old patterns of violence and failure. lence. Taking on gang life will be one thank the Congress for providing our Tomorrow morning, Secretary of State part of a broader outreach to at-risk servicemen and women with the re- Rice departs on a trip that will take youth, which involves parents and pas- sources they have needed. During this her to Israel and the West Bank for tors, coaches and community leaders, time of war, we must continue to sup- meetings with Prime Minister Sharon in programs ranging from literacy to port our military and give them the and President Abbas. She will discuss sports. And I am proud that the leader tools for victory. with them how we and our friends can of this nationwide effort will be our Other nations around the globe have help the Palestinian people end terror First Lady, Laura Bush. stood with us. In Afghanistan, an inter- and build the institutions of a peaceful, Because HIV/AIDS brings suffering national force is helping provide secu- independent democratic state. To pro- and fear into so many lives, I ask you rity. In Iraq, 28 countries have troops mote this democracy, I will ask Con- to reauthorize the Ryan White Act to on the ground, the United Nations and gress for 350 million dollars to support encourage prevention, and provide care the European Union provided technical Palestinian political, economic, and se- and treatment to the victims of that assistance for elections, and NATO is curity reforms. The goal of two demo- disease. And as we update this impor- leading a mission to help train Iraqi of- cratic states, Israel and Palestine, liv- tant law, we must focus our efforts on ficers. We are cooperating with 60 gov- ing side by side in peace is within fellow citizens with the highest rates of ernments in the Proliferation Security reach—and America will help them new cases, African-American men and Initiative, to detect and stop the tran- achieve that goal. women. sit of dangerous materials. We are To promote peace and stability in the Because one of the main sources of working closely with governments in broader Middle East, the United States our national unity is our belief in equal Asia to convince North Korea to aban- will work with our friends in the region justice, we need to make sure Ameri- don its nuclear ambitions. Pakistan, to fight the common threat of terror, cans of all races and backgrounds have Saudi Arabia, and nine other countries while we encourage a higher standard confidence in the system that provides have captured or detained al-Qaida ter- of freedom. Hopeful reform is already

VerDate Aug 04 2004 03:10 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.046 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S881 taking hold in an arc from Morocco to Hussein. That was the real occupation. unteers of our military are unrelenting Jordan to Bahrain. The government of . . . Thank you to the American people in battle, unwavering in loyalty, un- Saudi Arabia can demonstrate its lead- who paid the cost . . . but most of all matched in honor and decency, and ership in the region by expanding the to the soldiers.’’ Eleven years ago, every day they are making our Nation role of its people in determining their Safia’s father was assassinated by more secure. Some of our servicemen future. And the great and proud nation Saddam’s intelligence service. Three and women have survived terrible inju- of Egypt, which showed the way toward days ago in Baghdad, Safia was finally ries, and this grateful country will do peace in the Middle East, can now show able to vote for the leaders of her coun- everything we can to help them re- the way toward democracy in the Mid- try—and we are honored that she is cover. And we have said farewell to dle East. with us tonight. some very good men and women, who To promote peace in the broader Mid- The terrorists and insurgents are vio- died for our freedom, and whose mem- dle East, we must confront regimes lently opposed to democracy, and will ory this Nation will honor forever. that continue to harbor terrorists and continue to attack it. Yet the terror- One name we honor is Marine Corps pursue weapons of mass murder. Syria ists’ most powerful myth is being de- Sergeant Byron Norwood of still allows its territory, and parts of stroyed. The whole world is seeing that Pflugerville, Texas, who was killed Lebanon, to be used by terrorists who the car bombers and assassins are not during the assault on Fallujah. His seek to destroy every chance of peace only fighting coalition forces, they are mom, Janet, sent me a letter and told in the region. You have passed, and we trying to destroy the hopes of Iraqis, me how much Byron loved being a Ma- are applying, the Syrian Account- expressed in free elections. And the rine, and how proud he was to be on the ability Act—and we expect the Syrian whole world now knows that a small front line against terror. She wrote, government to end all support for ter- group of extremists will not overturn ‘‘When Byron was home the last time, ror and open the door to freedom. the will of the Iraqi people. I said that I wanted to protect him like Today, Iran remains the world’s pri- We will succeed in Iraq because I had since he was born. He just hugged mary state sponsor of terror—pursuing Iraqis are determined to fight for their me and said: ‘You’ve done your job, nuclear weapons while depriving its own freedom, and to write their own mom. Now it’s my turn to protect people of the freedom they seek and de- history. As Prime Minister Allawi said you.’’’ Ladies and gentlemen, with serve. We are working with European in his speech to Congress last Sep- grateful hearts, we honor freedom’s de- allies to make clear to the Iranian re- tember, ‘‘Ordinary Iraqis are anxious fenders, and our military families, rep- gime that it must give up its uranim . . . to shoulder all the security bur- resented here this evening by Sergeant enrichment program and any pluto- dens of our country as quickly as pos- Norwood’s mom and dad, Janet and nium re-processing, and end its support sible.’’ This is the natural desire of an Bill Norwood. for terror. And to the Iranian people, I independent nation, and it also is the In these 4 years, Americans have seen say tonight: As you stand for your own stated mission of our coalition in Iraq. the unfolding of large events. We have liberty, America stands with you. The new political situation in Iraq known times of sorrow, and hours of Our generational commitment to the opens a new phase of our work in that uncertainty, and days of victory. In all advance of freedom, especially in the country. At the recommendation of our this history, even when we have dis- Middle East, is now being tested and commanders on the ground, and in con- agreed, we have seen threads of purpose honored in Iraq. That country is a vital sultation with the Iraqi government, that unite us. The attack on freedom front in the war on terror, which is we will increasingly focus our efforts in our world has reaffirmed our con- why the terrorists have chosen to on helping prepare more capable Iraqi fidence in freedom’s power to change, make a stand there. Our men and security. forces—forces with skilled of- the world. We are all part of a great women in uniform are fighting terror- ficers, and an effective command struc- venture: To extend the promise of free- ists in Iraq, so we do not have to face ture. As those forces become more self- dom in our country, to renew the val- them here at home. And the victory of reliant and take on greater security re- ues that sustain our liberty, and to freedom in Iraq will strengthen a new sponsibilities, America and its coali- spread the peace that freedom brings. ally in the war on terror, inspire demo- tion partners will increasingly be in a As Franklin Roosevelt once reminded cratic reformers from Damascus to supporting role. In the end, Iraqis must Americans, ‘‘each age is a dream that Tehran, bring more hope and progress be able to defend their own country— is dying, or one that is coming to to a troubled region, and thereby lift a and we will help that proud, new na- birth.’’ And we live in the country terrible threat from the lives of our tion secure its liberty. where the biggest dreams are born. The children and grandchildren. Recently an Iraqi interpreter said to abolition of slavery was only a dream— We will succeed because the Iraqi a reporter, ‘‘Tell America not to aban- until it was fulfilled. The liberation of people value their own liberty—as they don us.’’ He and all Iraqis can be cer- Europe from fascism was only a showed the world last Sunday. Across tain: While our military strategy is dream—until it was achieved. The fall Iraq, often at great risk, millions of adapting to circumstances, our com- of imperial communism was only a citizens went to the polls and elected mitment remains firm and unchanging. dream—until, one day, it was accom- 275 men and women to represent them We are standing for the freedom of our plished. Our generation has dreams of in a new Transitional National Assem- Iraqi friends, and freedom in Iraq will its own, and we also go forward with bly. A young woman in Baghdad told of make America safer for generations to confidence. The road of Providence is waking to the sound of mortar fire on come. We will not set an artificial uneven and unpredictable—yet we election day, and wondering if it might timetable for leaving Iraq, because know where it leads: It leads to free- be too dangerous to vote. She said, that would embolden the terrorists and dom. ‘‘hearing those explosions, it occurred make them believe they can wait us Thank you, and may God bless Amer- to me—the insurgents are weak, they out. We are in Iraq to achieve a result: ica. are afraid of democracy, they are los- A country that is democratic, rep- GEORGE W. BUSH. ing. . . . So I got my husband, and I got resentative of all its people, at peace THE WHITE HOUSE, February 2, 2005. my parents, and we all came out and with its neighbors, and able to defend voted together.’’ Americans recognize itself. And when that result is f that spirit of liberty, because we share achieved, our men and women serving it. In any nation, casting your vote is in Iraq will return home with the MESSAGE FROM THE HOUSE an act of civic responsibility; for mil- honor they have earned. At 12:37 p.m., a message from the lions of Iraqis, it was also an act of per- Right now, Americans in uniform are House of Representatives, delivered by sonal courage, and they have earned serving at posts across the world, often Mr. Hays, one of its reading clerks, an- the respect of us all. taking great risks on my orders. We nounced that the House has passed the One of Iraq’s leading democracy and have given them training and equip- following bills in which it requests the human rights advocates is Safia Taleb ment; and they have given us an exam- concurrence of the Senate: al-Suhail. She says of her country, ‘‘we ple of idealism and character that H.R. 120. An act to designate the facility of were occupied for 35 years by Saddam makes every American proud. The vol- the United States Postal Service located at

VerDate Aug 04 2004 04:48 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.047 S02PT1 S882 CONGRESSIONAL RECORD — SENATE February 2, 2005 30777 Rancho California Road in Temecula, 31, 2004; to the Committee on Environment Protection Agency, transmitting, pursuant California, as the ‘‘Dalip Singh Saund Post and Public Works. to law, the report of a rule entitled ‘‘OMB Office Building’’. EC–391. A communication from the Deputy Approvals Under the Paperwork Reduction H.R. 289. An act to designate the facility of Associate Administrator, Environmental Act; Technical Amendment’’ (FRL 7849–9) re- the United States Postal Service located at Protection Agency, transmitting, pursuant ceived on December 17, 2004; to the Com- 8200 South Vermont Avenue in Los Angeles, to law, the report of a rule entitled ‘‘Ap- mittee on Environment and Public Works. California, as the ‘‘Sergeant First Class John proval and Promulgation of Air Quality Im- EC–401. A communication from the Deputy Marshall Post Office Building’’. plementation Plans; Pennsylvania; Revision Associate Administrator, Environmental to the 1-Hour Ozone Maintenance Plan for Protection Agency, transmitting, pursuant The message also announced that the the Pittsburgh-Beaver Valley Area to Re- to law, the report of a rule entitled ‘‘Protec- House has agreed to the following con- flect the Use of MOBILE6’’ (FRL 7845–6) re- tion of Stratospheric Ozone: Process for Ex- current resolution, in which it requests ceived on December 17, 2004; to the Com- empting Critical Uses from the Phaseout of the concurrence of the Senate: mittee on Environment and Public Works. Methyl Bromide’’ (FRL 7850–8) received on H. Con. Res. 39. Concurrent resolution pro- EC–392. A communication from the Deputy December 17, 2004; to the Committee on En- viding for an adjournment of the House of Associate Administrator, Environmental vironment and Public Works. Representatives. Protection Agency, transmitting, pursuant EC–402. A communication from the Deputy to law, the report of a rule entitled ‘‘Ap- Associate Administrator, Environmental f proval and Promulgation of Implementation Protection Agency, transmitting, pursuant MEASURES REFERRED Plans: Minnesota: Minneapolis-St. Paul Car- to law, the report of a rule entitled ‘‘Ap- bon Monoxide Maintenance Plan Update’’ proval and Promulgation of Air Quality Im- The following bills were read the first (FRL 7846–7) received on December 17, 2004; plementation Plans; Maryland, Control of and the second times by unanimous to the Committee on Environment and Pub- VOC Emissions from yeast Manufacturing consent, and referred as indicated: lic Works. Correction’’ (FRL 7815–5) received on Decem- EC–393. A communication from the Deputy ber 31, 2004; to the Committee on Environ- H.R. 120. An act to designate the facility of Associate Administrator, Environmental ment and Public Works. the United States Postal Service located at Protection Agency, transmitting, pursuant EC–403. A communication from the Deputy 30777 Rancho California Road in Temecula, to law, the report of a rule entitled ‘‘Ap- Associate Administrator, Environmental California, as the ‘‘Dalip Singh Saund Post proval and Promulgation of Implementation Protection Agency, transmitting, pursuant Office Building’’; to the Committee on Plans; New York State Implementation Plan to law, the report of a rule entitled ‘‘Ap- Homeland Security and Governmental Af- Revision; 1-Hour Ozone Control Program’’ proval and Promulgation of Implementation fairs. (FRL 7845–8) received on December 17, 2004; Plans: Michigan: Oxides of Nitrogen’’ (FRL H.R. 289. An act to designate the facility of to the Committee on Environment and Pub- 7849–1) received on December 31, 2004; to the the United States Postal Service located at lic Works. Committee on Environment and Public 8200 South Vermont Avenue in Los Angeles, EC–394. A communication from the Deputy Works. California, as the ‘‘Staff Sergeant First Class Associate Administrator, Environmental EC–404. A communication from the Deputy John Marshall Post Office Building’’; to the Protection Agency, transmitting, pursuant Associate Administrator, Environmental Committee on Homeland Security and Gov- to law, the report of a rule entitled ‘‘Na- Protection Agency, transmitting, pursuant ernmental Affairs. tional Emission Standards for Hazardous Air to law, the report of a rule entitled ‘‘Avail- f Pollutants; Delegation of Authority to Lou- ability of Federally-Enforceable State Imple- isiana’’ (FRL 7847–8) received on December mentation Plans for All States’’ (FRL 7852–2) EXECUTIVE AND OTHER 17, 2004; to the Committee on Environment received on December 31, 2004; to the Com- COMMUNICATIONS and Public Works. mittee on Environment and Public Works. EC–395. A communication from the Deputy EC–405. A communication from the Deputy The following communications were Associate Administrator, Environmental Associate Administrator, Environmental laid before the Senate, together with Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant accompanying papers, reports, and doc- to law, the report of a rule entitled ‘‘North to law, the report of a rule entitled ‘‘Revi- uments, and were referred as indicated: Carolina: Final Authorization of State Haz- sions to the Arizona State Implementation EC–385. A communication from the Chair- ardous Waste Management Program Revi- Plan, Maricopa County Environmental Serv- man, Nuclear Regulatory Commission, trans- sion’’ (FRL 7847–9) received on December 17, ices Department; Revisions to the California mitting, pursuant to law, the monthly report 2004; to the Committee on Environment and State Implementation Plan, South Coast Air on the status of licensing and regulatory du- Public Works. Quality Management District; Disapproval of ties; to the Committee on Environment and EC–396. A communication from the Deputy State Implementation Plan Revisions, Mon- Public Works. Associate Administrator, Environmental terey Bay Unified Air Pollution Control Dis- EC–386. A communication from the Assist- Protection Agency, transmitting, pursuant trict’’ (FRL 7847–6) received on December 31, to law, the report of a rule entitled ‘‘10 CFR ant Secretary of the Army, transmitting, 2004; to the Committee on Environment and Parts 25 and 95: Broadening Scope of Access pursuant to law, the report on flood control Public Works. Authorization and Facility Security Clear- EC–406. A communication from the Deputy at Antelope Creek at Lincoln, Nebraska; to ance Regulations’’ (RIN3150–AH52) received Associate Administrator, Environmental the Committee on Environment and Public on December 17, 2004; to the Committee on Protection Agency, transmitting, pursuant Works. Environment and Public Works. to law, the report of a rule entitled ‘‘Ap- EC–387. A communication from the Admin- EC–397. A communication from the Deputy proval and Promulgation of Air Quality Im- istrator, Environmental Protection Agency, Associate Administrator, Environmental plementation Plans; District of Columbia; transmitting, pursuant to law, the report on Protection Agency, transmitting, pursuant Amendments to the Size Thresholds for De- the incidence and severity of sediment con- to law, the report of a rule entitled ‘‘Ap- fining Major Sources and to the NSR Offset tamination in surface waters of the United proval and Promulgation of Implementation Rations for Sources of VOC and NOX’’ (FRL States, National sediment quality survey; to Plan Kentucky: 1-Hour Ozone Maintenance 7855–3) received on December 31, 2004; to the the Committee on Environment and Public Plan Update for Edmonson Area’’ (FRL 7847– Committee on Environment and Public Works. 9) received on December 17, 2004; to the Com- Works. EC–388. A communication from the Admin- mittee on Environment and Public Works. EC–407. A communication from the Deputy istrator, Environmental Protection Agency, EC–398. A communication from the Deputy Associate Administrator, Environmental transmitting, pursuant to law, the report on Associate Administrator, Environmental Protection Agency, transmitting, pursuant Fiscal Year 2003 implementation of the Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Ap- Waste Isolation Pilot Plant Land With- to law, the report of a rule entitled ‘‘Ap- proval and Promulgation of Air Quality Im- drawal Act; to the Committee on Environ- proval and Promulgation of Implementation plementation Plans; District of Columbia; ment and Public Works. Plans and Operating Permits Program: State Approval of Minor Clarifications to Munic- EC–389. A communication from the Execu- of Missouri’’ (FRL 7850–3) received on Decem- ipal Regulations’’ (FRL 7855–1) received on tive Director for Operations, Nuclear Regu- ber 17, 2004; to the Committee on Environ- December 31, 2004; to the Committee on En- latory Commission, transmitting, pursuant ment and Public Works. vironment and Public Works. to law, the report on Year 2004 inventory of EC–399. A communication from the Deputy EC–408. A communication from the Deputy commercial activities and inherently gov- Associate Administrator, Environmental Associate Administrator, Environmental ernment functions; to the Committee on En- Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant vironment and Public Works. to law, the report of a rule entitled ‘‘Ocean to law, the report of a rule entitled ‘‘Ap- EC–390. A communication from the Deputy Disposal; Designation of a Dredged Material proval and Promulgation of Air Quality Im- Associate Administrator, Environmental Disposal Site in Rhode Island Sound’’ (FRL plementation Plans; District of Columbia; Protection Agency, transmitting, the report 7848–2) received on December 17, 2004; to the Excess Volatile Organic Compound and Ni- of a rule entitled ‘‘Guidelines on Awarding Committee on Environment and Public trogen Oxides Emissions Fee Rule’’ (FRL Section 319 Grants to Indian Tribes Requests Works. 7853–9) received on December 31, 2004; to the for Grants Proposals for Watershed EC–400. A communication from the Deputy Committee on Environment and Public Projects’’ (FRL 7849–3) received on December Associate Administrator, Environmental Works.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.033 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S883 EC–409. A communication from the Deputy plementation Plans; New Mexico; Recodifica- quirements for Appliances Using Substitute Associate Administrator, Environmental tion and SIP Renumbering of the New Mex- Refrigerants’’ (FRL 7858–7) received on Janu- Protection Agency, transmitting, pursuant ico Administrative Code for Albuquerque/ ary 11, 2005; to the Committee on Environ- to law, the report of a rule entitled ‘‘Ap- Bernalillo County’’ (FRL 7856–3) received on ment and Public Works. proval and Promulgation of Air Quality Im- January 3, 2005; to the Committee on Envi- EC–427. A communication from the Deputy plementation Plans; District of Columbia; ronment and Public Works. Associate Administrator, Environmental VOC Emissions Standards for Consumer EC–418. A communication from the Deputy Protection Agency, transmitting, pursuant Products’’ (FRL 7854–7) received on Decem- Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Ocean ber 31, 2004; to the Committee on Environ- Protection Agency, transmitting, pursuant Dumping; Designation of Sites Offshore ment and Public Works. to law, the report of a rule entitled ‘‘Ap- Palm Beach Harbor, Florida and Offshore EC–410. A communication from the Deputy proval and Promulgation of Air Quality Im- Port Everglades Harbor, Florida’’ (FRL 7861– Associate Administrator, Environmental plementation Plans; Texas; Victoria County 7) received on January 11, 2005; to the Com- Protection Agency, transmitting, pursuant Maintenance Plan Update’’ (FRL 7856–7) re- mittee on Environment and Public Works. to law, the report of a rule entitled ‘‘Ap- ceived on January 3, 2005; to the Committee EC–428. A communication from the Direc- proval and Promulgation of Air Quality Im- on Environment and Public Works. tor, Office of Congressional Affairs, Nuclear plementation Plans; District of Columbia; EC–419. A communication from the Deputy Regulatory Commission, transmitting, pur- VOC Emissions Standards for Mobile Equip- Associate Administrator, Environmental suant to law, the report of a rule entitled ‘‘10 ment Repair and Refinishing’’ (FRL 7852–6) Protection Agency, transmitting, pursuant CFR Part 30: Security Requirements for received on December 31, 2004; to the Com- to law, the report of a rule entitled ‘‘Clari- Portable Gauges Containing Byproduct Ma- mittee on Environment and Public Works. fication of Address for Documents Filed with terial’’ (RIN3150–AH06) received on January EC–411. A communication from the Deputy EPA’s Environmental Appeals Board’’ (FRL 13, 2005; to the Committee on Environment Associate Administrator, Environmental 7855–6) received on January 3, 2005; to the and Public Works. Protection Agency, transmitting, pursuant Committee on Environment and Public EC–429. A communication from the Direc- to law, the report of a rule entitled ‘‘Ap- Works. tor, Office of Congressional Affairs, Nuclear proval and Promulgation of Air Quality Im- EC–420. A communication from the Deputy Regulatory Commission, transmitting, pur- plementation Plans; District of Columbia; Associate Administrator, Environmental suant to law, the report of a rule entitled VOC Emissions Standards for Portable Fuel Protection Agency, transmitting, pursuant ‘‘NRC Enforcement Policy’’ received on Jan- Containers and Spouts’’ (FRL 7853–5) re- to law, the report of a rule entitled ‘‘New uary 13, 2005; to the Committee on Environ- ceived on December 31, 2004; to the Com- York: Final Authorization of State Haz- ment and Public Works. EC–430. A communication from the Assist- mittee on Environment and Public Works. ardous Waste Management Program Revi- ant Secretary for Fish, Wildlife, and Parks, EC–412. A communication from the Deputy sion’’ (FRL 7857–8) received on January 13, Fish and Wildlife Service, transmitting, pur- Associate Administrator, Environmental 2005; to the Committee on Environment and suant to law, the report of a rule entitled Protection Agency, transmitting, pursuant Public Works. ‘‘Regulations for Nonessential Experimental to law, the report of a rule entitled ‘‘Ap- EC–421. A communication from the Deputy Populations of the Western Distinct Popu- proval and Promulgation of Air Quality Im- Associate Administrator, Environmental lation Segment of the Gray Wolf’’ (RIN1018– plementation Plans; District of Columbia; Protection Agency, transmitting, pursuant A T61) received on January 11, 2005; to the VOC Emission Standards for Solvent Clean- to law, the report of a rule entitled ‘‘Ap- Committee on Environment and Public ing’’ (FRL 7853–3) received on December 31, proval and Promulgation of Implementation Works. 2004; to the Committee on Environment and Plans; New York State Implementation Plan EC–431. A communication from the Prin- Public Works. Revision’’ (FRL 7852–5) received on January cipal Deputy Associate Administrator, Envi- EC–413. A communication from the Deputy 13, 2005; to the Committee on Environment ronmental Protection Agency, transmitting, Associate Administrator, Environmental and Public Works. pursuant to law, the report of a rule entitled EC–422. A communication from the Deputy Protection Agency, transmitting, pursuant ‘‘Approval and Promulgation of Implementa- Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Ap- tion Plans and Designation of Areas for Air Protection Agency, transmitting, pursuant proval and Promulgation of Air Quality Im- Quality Planning Purposes: Washington, plementation Plans; Virginia; Approval of to law, the report of a rule entitled ‘‘Ap- Yakima County Nonattainment Area Bound- the Control of VOC Emissions from Munic- proval and Promulgation of Air Quality Im- ary Revision’’ (FRL 7866–3) received on Feb- ipal Solid Waste Landfills in Northern Vir- plementation; Idaho; Revised Format for ruary 1, 2005; to the Committee on Environ- ginia’’ (FRL 7853–7) received on December 31, Materials Being Incorporated by Reference’’ ment and Public Works. 2004; to the Committee on Environment and (FRL 7842–3) received on January 11, 2005; to EC–432. A communication from the Prin- Public Works. the Committee on Environment and Public cipal Deputy Associate Administrator, Envi- EC–414. A communication from the Deputy Works. ronmental Protection Agency, transmitting, Associate Administrator, Environmental EC–423. A communication from the Deputy pursuant to law, the report of a rule entitled Protection Agency, transmitting, pursuant Associate Administrator, Environmental ‘‘Approval and Promulgation of Implementa- to law, the report of a rule entitled ‘‘Ap- Protection Agency, transmitting, pursuant tion Plans and Designation of Areas for Air proval and Promulgation of Air Quality Im- to law, the report of a rule entitled ‘‘Ap- Quality Purposes: Washington, Yakima PM– plementation Plans; Virginia; Excess Vola- proval and Promulgation of Air Quality Im- 10 Nonattainment Area Limited Mainte- tile Organic Compound and Nitrogen Oxides plementation; West Virginia; Redesignation nance Plan’’ (FRL 7866–4) received on Feb- Emissions Fee Rule’’ (FRL 7853–1) received of the City of Weirton Including Clay and ruary 1, 2005; to the Committee on Environ- on December 31, 2004; to the Committee on Butler Magisterial Districts SO2 Nonattain- ment and Public Works. Environment and Public Works. ment Area and Approval of the Maintenance EC–433. A communication from the Prin- EC–415. A communication from the Deputy Plan’’ (FRL 7852–8) received on January 11, cipal Deputy Associate Administrator, Envi- Associate Administrator, Environmental 2005; to the Committee on Environment and ronmental Protection Agency, transmitting, Protection Agency, transmitting, pursuant Public Works. pursuant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Na- EC–424. A communication from the Deputy ‘‘Effluent Limitations Guidelines, tional Emission Standards for Hazardous Air Associate Administrator, Environmental Pretreatment Standards, and New Source Pollutants for Source Categories: Organic Protection Agency, transmitting, pursuant Performance Standards for the Transpor- Hazardous Air Pollutants From the Syn- to law, the report of a rule entitled ‘‘Ap- tation Equipment Cleaning Point Source thetic Organic Chemical Manufacturing In- proval and Promulgation of State Plans for Category’’ (FRL 7866–7) received on February dustry and Other Processes Subject to the Designated Facilities and Pollutants; 1, 2005; to the Committee on Environment Negotiated Regulation for Equipment and Bernalillo County, New Mexico; Negative and Public Works. Leaks’’ (FRL 7852–3) received on December Declaration’’ (FRL 7858–5) received on Janu- EC–434. A communication from the Prin- 31, 2004; to the Committee on Environment ary 11, 2005; to the Committee on Environ- cipal Deputy Associate Administrator, Envi- and Public Works. ment and Public Works. ronmental Protection Agency, transmitting, EC–416. A communication from the Deputy EC–425. A communication from the Deputy pursuant to law, the report of a rule entitled Associate Administrator, Environmental Associate Administrator, Environmental ‘‘National Priorities List for Uncontrolled Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant Hazardous Waste Sites’’ (FRL 7864–1) re- to law, the report of a rule entitled ‘‘Air to law, the report of a rule entitled ‘‘Pea- ceived on February 1, 2005; to the Committee Quality Designations and Classifications for nuts, Tree Nuts, Milk, Soybeans, Eggs, Fish, on Environment and Public Works. the Fine Particles (PM2.5) National Ambient Crustacea, and Wheat; Exemption From the EC–435. A communication from the Prin- Air Quality Standards’’ (FRL 7856–1) received Requirements of a Tolerance’’ (FRL 7694–5) cipal Deputy Associate Administrator, Envi- on January 3, 2005; to the Committee on En- received on January 11, 2005; to the Com- ronmental Protection Agency, transmitting, vironment and Public Works . mittee on Environment and Public Works. pursuant to law, the report of a rule entitled EC–417. A communication from the Deputy EC–426. A communication from the Deputy ‘‘Approval and Promulgation of Implementa- Associate Administrator, Environmental Associate Administrator, Environmental tion Plans; South Carolina; Definitions and Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant General Requirements’’ (FRL 7863–5) re- to law, the report of a rule entitled ‘‘Ap- to law, the report of a rule entitled ‘‘Protec- ceived on February 1, 2005; to the Committee proval and Promulgation of Air Quality Im- tion of Stratospheric Ozone: Leak Repair Re- on Environment and Public Works.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.073 S02PT1 S884 CONGRESSIONAL RECORD — SENATE February 2, 2005 EC–436. A communication from the Prin- EC–446. A communication from the Execu- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator, Envi- tive Director, Commodity Futures Trading ting, pursuant to law, the report of a rule en- ronmental Protection Agency, transmitting, Commission, transmitting, pursuant to law, titled ‘‘Bifenazate; Pesticide Tolerances for pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘In the Matter Emergency Exemptions’’ (FRL7696–2) re- ‘‘Approval and Promulgation of Implementa- of the Intercontinental Exchange, Inc., Peti- ceived on January 25, 2005; to the Committee tion Plans; New York; Low Emission Vehicle tion for Expansion of the Definition of an El- on Agriculture, Nutrition, and Forestry. Program’’ (FRL 7851–1) received on February igible Commercial Entity Under Section EC–457. A communication from the Assist- 1, 2005; to the Committee on Environment 1a(11)(C) of the Commodity Exchange Act’’ ant Secretary for Legislative Affairs, De- and Public Works. received on January 24, 2005; to the Com- partment of State, transmitting, pursuant to EC–437. A communication from the Prin- mittee on Agriculture, Nutrition, and For- the Arms Export Control Act, the certifi- cipal Deputy Associate Administrator, Envi- estry. cation of a proposed license for the export of ronmental Protection Agency, transmitting, EC–447. A communication from the Execu- major defense equipment sold commercially pursuant to law, the report of a rule entitled tive Director, Commodity Futures Trading under a contract in the amount of $25,000,000 ‘‘Approval and Promulgation of Implementa- Commission, transmitting, pursuant to law, or more to Greece; to the Committee on For- tion Plans; Ohio’’ (FRL 7862–8) received on the report of a rule entitled ‘‘Collection of eign Relations. February 1, 2005; to the Committee on Envi- Claims Owed the United States Arising from EC–458. A communication from the Execu- ronment and Public Works. Activities Under the Commission’s Jurisdic- tive Director and Chief of Staff, Agency for EC–438. A communication from the Prin- tion’’ (RIN3038–AC03) received on January 24, International Development, transmitting, cipal Deputy Associate Administrator, Envi- 2005; to the Committee on Agriculture, Nu- pursuant to law, the report of a nomination ronmental Protection Agency, transmitting, trition, and Forestry. for the position of Assistant Administrator, pursuant to law, the report of a rule entitled EC–448. A communication from the Execu- Bureau of Africa, received on January 24, ‘‘Georgia: Final Authorization of State Haz- tive Director, Commodity Futures Trading 2005; to the Committee on Foreign Relations. ardous Waste Management Program Revi- Commission, transmitting, pursuant to law, EC–459. A communication from the Execu- sion’’ (FRL 7864–6) received on February 1, the report of a rule entitled ‘‘Fees for Re- tive Director and Chief of Staff, Agency for 2005; to the Committee on Environment and views of the Rules Enforcement Programs of International Development, transmitting, Public Works. Contract Markets and Registered Futures pursuant to law, the report of a nomination EC–439. A communication from the Deputy Associations’’ received on January 24, 2005; confirmed for the position of Assistant Ad- Associate Administrator of the Environ- to the Committee on Agriculture, Nutrition, ministrator, Bureau of Africa, received on mental Protection Agency, transmitting, and Forestry. January 24, 2005; to the Committee on For- pursuant to law, the report of a rule entitled EC–449. A communication from the Admin- eign Relations. ‘‘Multiple Chemicals; Extension of Toler- istrator, Food and Nutrition Service, Depart- EC–460. A communication from the Execu- ances for Emergency Exemptions’’ (FRL ment of Agriculture, transmitting, pursuant tive Director and Chief of Staff, Agency for 7688–6) received on December 7, 2004; to the to law, the report of a rule entitled ‘‘Na- International Development, transmitting, Committee on Agriculture, Nutrition, and tional School Lunch Program: Requirement pursuant to law, the report of a nomination Forestry. for Variety of Fluid Milk in Reimbursable for the position of Assistant Administrator, EC–440. A communication from the Con- Meals’’ (RIN0584–AD55) received on January Bureau for Policy and Program Coordina- gressional Review Coordinator, Animal and 24, 2005; to the Committee on Agriculture, tion, received on January 24, 2005; to the Plant Health Inspection Service, Department Nutrition, and Forestry. Committee on Foreign Relations. of Agriculture, transmitting, pursuant to EC–450. A communication from the Regula- EC–461. A communication from the Execu- law, the report of a rule entitled ‘‘Asian tions Officer, Forest Service, Department of tive Director and Chief of Staff, Agency for Longhorned Beetle; Addition to Quarantined Agriculture, transmitting, pursuant to law, International Development, transmitting, Area’’ (Doc. No. 04–130–1) received on Janu- the report of a rule entitled ‘‘National For- pursuant to law, the report of a nomination ary 5, 2005; to the Committee on Agriculture, est System Land and Resource Management confirmed for the position of Assistant Ad- Nutrition, and Forestry. Planning’’ (36 CFR 219) received on January ministrator, Bureau for Policy and Program EC–441. A communication from the Admin- 24, 2005; to the Committee on Agriculture, Coordination, received on January 24, 2005; istrator, Food and Nutrition Service, Depart- Nutrition, and Forestry. to the Committee on Foreign Relations. ment of Agriculture, transmitting, pursuant EC–451. A communication from the Acting EC–462. A communication from the Execu- to law, the report of a rule entitled ‘‘Waiver Administrator, Food Safety and Inspection tive Director and Chief of Staff, Agency for of the Requirement to Use Weighted Aver- Service, Department of Agriculture, trans- International Development, transmitting, ages in the National School Lunch and mitting, pursuant to law, the report of a rule pursuant to law, the report of a nomination School Breakfast Programs’’ received on entitled ‘‘Uniform Compliance Date for Food for the position of Assistant Administrator, January 5, 2005; to the Committee on Agri- Labeling Regulations’’ (RIN0583–AD05) re- Bureau for Asia and the Near East, received culture, Nutrition, and Forestry. ceived on January 24, 2005; to the Committee on January 24, 2005; to the Committee on EC–442. A communication from the Direc- on Agriculture, Nutrition, and Forestry. Foreign Relations. tor, Office of Energy Policy and New Uses, EC–452. A communication from the Prin- EC–463. A communication from the Execu- Department of Agriculture, transmitting, cipal Deputy Associate Administrator of the tive Director and Chief of Staff, Agency for pursuant to law, the report of a rule entitled Environmental Protection Agency, transmit- International Development, transmitting, ‘‘Guidelines for Designating Biobased Prod- ting, pursuant to law, the report of a rule en- pursuant to law, the report of a nomination ucts for Federal Procurement’’ (RIN0503– titled ‘‘Flurozypyr; Pesticide Tolerances for confirmed for the position of Assistant Ad- AA26) received on January 24, 2005; to the Emergency Exemptions’’ (FRL 7695–2) re- ministrator, Bureau for Asia and the Near Committee on Agriculture, Nutrition, and ceived on January 25, 2005; to the Committee East, received on January 24, 2005; to the Forestry. on Agriculture, Nutrition, and Forestry. Committee on Foreign Relations. EC–443. A communication from the Acting EC–453. A communication from the Prin- EC–464. A communication from the Execu- Under Secretary, Rural Development, De- cipal Deputy Associate Administrator of the tive Director, International Broadcasting partment of Agriculture, transmitting, pur- Environmental Protection Agency, transmit- Bureau, Broadcasting Board of Governors, suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of ‘‘Guaranteed Rural Rental Housing Program; titled ‘‘Chlorfenapyr; Pesticide Tolerance’’ a vacancy in the position of International Secondary Mortgage Market Participation’’ (FRL7696–5) received on January 25, 2005; to Broadcasting Bureau Director, received on (RIN0575–AC28) received on January 24, 2005; the Committee on Agriculture, Nutrition, December 1, 2005; to the Committee on For- to the Committee on Agriculture, Nutrition, and Forestry. eign Relations. and Forestry. EC–454. A communication from the Prin- EC–465. A communication from the Assist- EC–444. A communication from the Direc- cipal Deputy Associate Administrator of the ant Secretary for Legislative Affairs, De- tor, Office of Procurement and Property Environmental Protection Agency, transmit- partment of State, transmitting, pursuant to Management, Department of Agriculture, ting, pursuant to law, the report of a rule en- law, the annual report on the Benjamin A. transmitting, pursuant to law, the report of titled ‘‘Imidacloprid; Pesticide Tolerances Gilman International Scholarship Program; a rule entitled ‘‘Agriculture Acquisition Reg- for Emergency Exemptions’’ (FRL7691–2) re- to the Committee on Foreign Relations. ulation; Miscellaneous Amendments’’ ceived on January 25, 2005; to the Committee EC–466. A communication from the Assist- (RIN0599–AA11) received on January 24, 2005; on Agriculture, Nutrition, and Forestry. ant Secretary for Legislative Affairs, De- to the Committee on Agriculture, Nutrition, EC–455. A communication from the Prin- partment of State, transmitting, pursuant to and Forestry. cipal Deputy Associate Administrator of the the Arms Export Control act, the certifi- EC–445. A communication from the Execu- Environmental Protection Agency, transmit- cation of a proposed license for the export of tive Director, Commodity Futures Trading ting, pursuant to law, the report of a rule en- defense articles or defense services sold com- Commission, transmitting, pursuant to law, titled ‘‘Quinoxyfen; Pesticide Tolerances for mercially under a contract in the amount of the report of a rule entitled ‘‘Confidential In- Emergency Exemptions’’ (FRL7695–3) re- $50,000,000 or more to Columbia; to the Com- formation and Commission Records and In- ceived on January 25, 2005; to the Committee mittee on Foreign Relations. formation’’ received on January 24, 2005; to on Agriculture, Nutrition, and Forestry. EC–467. A communication from the Assist- the Committee on Agriculture, Nutrition, EC–456. A communication from the Prin- ant Secretary for Legislative Affairs, De- and Forestry. cipal Deputy Associate Administrator of the partment of State, transmitting, pursuant to

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.074 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S885 the Arms Export Control Act, the certifi- EC–479. A communication from the Direc- Services, transmitting, pursuant to law, the cation of a proposed license for the export of tor of the Peace Corps, transmitting, pursu- report of a rule entitled ‘‘Irradiation in the defense articles or defense services sold com- ant to law, the report on Fiscal Year 2004 Production, Processing and Handling of mercially under contract in the amount of Competitive Sourcing Requirements; to the Food’’ (Doc. No. 2003F–0088) received on Jan- $50,000,000 or more to Bolivia; to the Com- Committee on Foreign Relations. uary 24, 2005; to the Committee on Health, mittee on Foreign Relations. EC–480. A communication from the Assist- Education, Labor, and Pensions. EC–468. A communication from the Assist- ant Secretary for Legislative Affairs, De- EC–490. A communication from the Direc- ant Secretary for Legislative Affairs, De- partment of State, transmitting, pursuant to tor, Regulations, Policy and Management partment of State, transmitting, pursuant to law, the notification of the State Depart- Staff, Department of Health and Human the Arms Export Control Act, the certifi- ment’s intent to obligate $200,000 in Non- Services, transmitting, pursuant to law, the cation of a proposed manufacturing license proliferation and Disarmament Fund assist- report of a rule entitled ‘‘Irradiation in the agreement with Russia; to the Committee on ance for NDF Proposal Number 236; to the Production, Processing and Handling of Foreign Relations. Committee on Foreign Relations. Food’’ (Doc. No. 1993F–0357) received on Jan- EC–469. A communication from the Assist- EC–481. A communication from the Assist- uary 24, 2005; to the Committee on Health, ant Legal Adviser for Treaty Affairs, Depart- ant Administrator, Bureau for Legislative Education, Labor, and Pensions. ment of State, transmitting, pursuant to and Public Affairs, Agency for International EC–491. A communication from the Human law, the report of the texts and background Development, transmitting, pursuant to law, Resources Specialist, Office of the Assistant statements of international agreements, the report on competitive sourcing activities Secretary for Administration and Manage- other than treaties, with Canada, Norway, during Fiscal Year 2004; to the Committee on ment, Department of Labor, transmitting, Japan, Armenia, Latvia, Cape Verde, and Foreign Relations. pursuant to law, the report of the dis- China; to the Committee on Foreign Rela- EC–482. A communication from the Acting continuation of service in acting role, and a tions. Assistant Secretary for Legislative Affairs, nomination confirmed for the position of As- EC–470. A communication from the Assist- Department of State, transmitting, pursuant sistant Secretary for Policy; to the Com- ant Secretary for Legislative Affairs, De- to law, notification of certain restrictions of mittee on Health, Education, Labor, and partment of State, transmitting, pursuant to Presidential Determination 2005–09 with re- Pensions. law, the report on the actions taken by the spect to the Russian Federation; to the Com- EC–492. A communication from the Human United States at the United Nations to show mittee on Foreign Relations. Resources Specialist, Office of the Assistant the inappropriateness of Sudan’s member- EC–483. A communication from the Direc- Secretary for Administration and Manage- ship on the Commission on Human Rights; to tor, Corporate Policy and Research Depart- ment, Department of Labor, transmitting, the Committee on Foreign Relations. ment, Pension Benefit Guaranty Corpora- pursuant to law, the report of a vacancy and EC–471. A communication from the Assist- tion, transmitting, pursuant to law, the re- the designation of acting officer for the posi- ant Legal Adviser for Treaty Affairs, Depart- port of a rule entitled ‘‘Benefits Payable in tion of Assistant Secretary for Mine Safety ment of State, transmitting, pursuant to Terminated Single-Employer Plans; Alloca- and Health; to the Committee on Health, law, the report of the texts and background tion of Assets in Single-Employer Plans; In- Education, Labor, and Pensions. statements of international agreements, EC–493. A communication from the Direc- terest Assumptions for Valuing and Paying other than treaties, with Honduras, Brazil, tor, Corporate Policy and Research Depart- Benefits’’ received on January 5, 2005; to the Kazakhstan, Egypt, Hungary, and Iraq; to ment, Pension Benefit Guaranty Corpora- Committee on Health, Education, Labor, and the Committee on Foreign Relations. tion, transmitting, pursuant to law, the re- Pensions. EC–472. A communication from the Assist- port of a rule entitled ‘‘Benefits Payable in EC–484. A communication from the Direc- ant Legal Adviser for Treaty Affairs, Depart- Terminated Single-Employer Plans; Alloca- tor, Corporate Policy and Research Depart- ment of State, transmitting, pursuant to tions of Assets in Single-Employer Plans; In- ment, Pension Benefit Guaranty Corpora- law, the report of the texts and background terest Assumptions for Valuing and Paying tion, transmitting, pursuant to law, the re- statements of international agreements, Benefits’’ received on January 5, 2005; to the port of a rule entitled ‘‘Allocation of Assets other than treaties, with Canada, China, Committee on Health, Education, Labor, and in Single-Employer Plans; Valuation of As- United Kingdom, South Korea, Marshall Is- Pensions. lands, and Liberia; to the Committee on For- sets; Expected Retirement Age’’ received on EC–494. A communication from the Direc- eign Relations. January 5, 2005; to the Committee on Health, tor, Regulations Policy and Management EC–473. A communication from the Assist- Education, Labor, and Pensions. Staff, Food and Drug Administration, De- ant Legal Adviser for Treaty Affairs, Depart- EC–485. A communication from the Direc- partment of Health and Human Services, ment of State, transmitting, pursuant to tor, Corporate Policy and Research Depart- transmitting, pursuant to law, the report of law, the report of the texts and background ment, Pension Benefit Guaranty Corpora- a rule entitled ‘‘Medical Devices; general statements of international agreements, tion, transmitting, pursuant to law, the re- Hospital and Personal use Devices; Classi- other than treaties, with Thailand; to the port of a rule entitled ‘‘Disclosure to Partici- fication of Implantable Radiofrequency Committee on Foreign Relations. pants; Benefits Payable in Single-Employer Transponder System for Patient Identifica- EC–474. A communication from the Assist- Plans’’ received on January 5, 2005; to the tion and Health Information’’ (Doc. No. ant Secretary for Legislative Affairs, De- Committee on Health, Education, Labor, and 2004N–0477) received January 5, 2005; to the partment of State, transmitting the Foreign Pensions. Committee on Health, Education, Labor, and Affairs Council Assessment on Secretary EC–486. A communication from the Direc- Pensions. Colin Powell’s State Department; to the tor, Corporate Policy and Research Depart- EC–495. A communication from the Assist- Committee on Foreign Relations. ment, Pension Benefit Guaranty Corpora- ant Secretary for Administration and Man- EC–475. A communication from the Assist- tion, transmitting, pursuant to law, the re- agement, Department of Health and Human ant Secretary for Legislative Affairs, De- port of a rule entitled ‘‘Allocation of Assets Services, transmitting, pursuant to law, the partment of State, transmitting, pursuant to in Single-Employer Plans; Valuation of As- Fiscal Year 2004 report on competitive Executive Order 13346 of July 8, 2004, the an- sets; Expected Retirement Age’’ received on sourcing activities; to the Committee on nual certification of the effectiveness of the January 5, 2005; to the Committee on Health, Health, Education, Labor, and Pensions. Australia Group; to the Committee on For- Education, Labor, and Pensions. EC–496. A communication from the Sec- eign Relations. EC–487. A communication from the Direc- retary of Labor, transmitting, pursuant to EC–476. A communication from the Assist- tor, Corporate Policy and Research Depart- law, a report on the International HIV/AIDS ant Secretary for Legislative Affairs, De- ment, Pension Benefit Guaranty Corpora- Workplace Program for Fiscal Year 2004; to partment of State, transmitting, pursuant to tion, transmitting, pursuant to law, the re- the Committee on Health, Education, Labor, law, Presidential Determination Number port of a rule entitled ‘‘Benefits Payable in and Pensions. 2005–14, relative to Israel, and the periodic Terminated Single-Employer Plans; Alloca- EC–497. A communication from the Assist- report provided for under Section 6 of the Je- tion of Assets in Single-Employer Plans; In- ant Secretary for Administration and Man- rusalem Embassy Act of 1995; to the Com- terest Assumptions for Valuing and Paying agement, Department of Health and Human mittee on Foreign Relations. Benefits’’ received on January 5, 2005; to the Services, transmitting, pursuant to law, the EC–477. A communication from the Assist- Committee on Health, Education, Labor, and Fiscal Year 2004 FAIR Act inventory; to the ant Secretary for Legislative Affairs, De- Pensions. Committee on Health, Education, Labor, and partment of State, transmitting, pursuant to EC–488. A communication from the Direc- Pensions. law, the Certification to the Congress for tor, Corporate Policy and Research Depart- EC–498. A communication from the Assist- Venezuela, and a modification to the 2004 ment, Pension Benefit Guaranty Corpora- ant Secretary for Administration and Man- Certification to Congress relating to Trini- tion, transmitting, pursuant to law, the re- agement, Department of Labor, transmit- dad and Tobago and Panama; to the Com- port of a rule entitled ‘‘Disclosure to Partici- ting, pursuant to law, the Fiscal Year 2004 mittee on Foreign Relations. pants; Benefits Payable in Single-Employer report for the Buy American Act; to the EC–478. A communication from the Assist- Plans’’ received on January 5, 2005; to the Committee on Health, Education, Labor, and ant Secretary for Legislative Affairs, De- Committee on Health, Education, Labor, and Pensions. partment of State, transmitting, pursuant to Pensions. EC–499. A communication from the Assist- law, the two-part report to Congress on var- EC–489. A communication from the Direc- ant Secretary for Administration and Man- ious conditions in Bosnia and Herzegovina; tor, Regulations Policy and Management agement, Competitive Sourcing Official, De- to the Committee on Foreign Relations. Staff, Department of Health and Human partment of Labor, transmitting, pursuant

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.075 S02PT1 S886 CONGRESSIONAL RECORD — SENATE February 2, 2005 to law, the Fiscal Year 2004 Report on Com- ness; to the Committee on Environment and litical committees, and for other purposes; petitive Sourcing Activities; to the Com- Public Works. to the Committee on Rules and Administra- mittee on Health, Education, Labor, and By Mrs. FEINSTEIN (for herself, Mrs. tion. Pensions. BOXER, and Mr. AKAKA): f EC–500. A communication from the Sec- S. 262. A bill to authorize appropriations to retary of Health and Human Services, trans- the Secretary of the Interior for the restora- SUBMISSION OF CONCURRENT AND mitting, pursuant to law, the Report on tion of the Angel Island Immigration Station SENATE RESOLUTIONS Services Implementation of Title II of the in the State of California; to the Committee The following concurrent resolutions Public Health Security and Bioterrorism on Energy and Natural Resources. and Senate resolutions were read, and Preparedness and Responses Act of 2002; to By Mr. AKAKA (for himself, Mr. BAU- referred (or acted upon), as indicated: the Committee on Health, Education, Labor, CUS, Mrs. FEINSTEIN, Mr. DURBIN, Mr. and Pensions. ROBERTS, and Mr. INOUYE): By Mr. ENZI: EC–501. A communication from the Sec- S. 263. A bill to provide for the protection S. Res. 34. An original resolution author- retary of Health and Human Services, trans- of paleontological resources on Federal izing expenditures by the Committee on mitting, pursuant to law, the Report on the lands, and for other purposes; to the Com- Health, Education, Labor, and Pensions; Fiscal Year 2002 Low Income Home Energy mittee on Energy and Natural Resources. from the Committee on Health, Education, Assistance Program; to the Committee on By Mr. AKAKA (for himself and Mr. Labor, and Pensions; to the Committee on Health, Education, Labor, and Pensions. INOUYE): Rules and Administration. S. 264. A bill to amend the Reclamation By Mr. CRAIG: f Wastewater and Groundwater Study and Fa- S. Res. 35. An original resolution author- REPORTS OF COMMITTEES cilities Act to authorize certain projects in izing expenditures by the Committee on Vet- erans’ Affairs; from the Committee on Vet- The following reports of committees the State of Hawaii; to the Committee on Energy and Natural Resources. erans’ Affairs; to the Committee on Rules were submitted: By Mr. FRIST (for himself, Mr. KEN- and Administration. By Mr. ENZI, from the Committee on NEDY, Mr. ROBERTS, Mr. JEFFORDS, By Mr. ENSIGN (for himself and Mr. Health, Education, Labor, and Pensions, Mr. TALENT, Mrs. MURRAY, and Mrs. DODD): S. Con. Res. 9. A concurrent resolution rec- without amendment: CLINTON): S. Res. 34. An original resolution author- S. 265. A bill to amend the Public Health ognizing the second century of Big Brothers izing expenditures by the Committee on Service Act to add requirements regarding Big Sisters, and supporting the mission and Health, Education, Labor, and Pensions. trauma care, and for other purposes; to the goals of that organization; to the Committee By Mr. CRAIG, from the Committee on Committee on Health, Education, Labor, and on the Judiciary. Veterans’ Affairs, without amendment: Pensions. f S. Res. 35. An original resolution author- By Mr. LAUTENBERG (for himself, ADDITIONAL COSPONSORS izing expenditures by the Committee on Vet- Mr. KENNEDY, Mr. DURBIN, Mr. erans’ Affairs. CORZINE, Mrs. CLINTON, Mr. DORGAN, S. 12 f Mrs. MURRAY, Mr. JOHNSON, Mr. At the request of Mr. DORGAN, his INTRODUCTION OF BILLS AND REED, Mr. LIEBERMAN, and Mr. name was added as a cosponsor of S. 12, LEAHY): JOINT RESOLUTIONS a bill to combat international ter- S. 266. A bill to stop taxpayer funded Gov- rorism, and for other purposes. ernment propaganda; to the Committee on The following bills and joint resolu- S. 20 the Judiciary. tions were introduced, read the first At the request of Mr. REID, the and second times by unanimous con- By Mr. CRAIG (for himself, Mr. WYDEN, and Mrs. FEINSTEIN): names of the Senator from California sent, and referred as indicated: S. 267. A bill to reauthorize the Secure (Mrs. BOXER) and the Senator from By Mr. CORZINE (for himself and Mr. Rural Schools and Community Self-Deter- Vermont (Mr. JEFFORDS) were added as LAUTENBERG): mination Act of 2000, and for other purposes; cosponsors of S. 20, a bill to expand ac- S. 257. A bill to amend title 23, United to the Committee on Energy and Natural Re- cess to preventive health care services States Code, to provide grant eligibility for a sources. that help reduce unintended preg- State that adopts a program for the im- By Mr. HARKIN (for himself, Mrs. nancy, reduce the number of abortions, poundment of vehicles operated by persons CLINTON, Mr. COCHRAN, Mr. KOHL, Mr. while under the influence of alcohol; to the LAUTENBERG, Mr. LEAHY, Mr. LUGAR, and improve access to women’s health Committee on Environment and Public Mr. ROCKEFELLER, and Mr. WYDEN): care. Works. S. 268. A bill to provide competitive grants S. 29 By Mr. DEWINE (for himself and Mr. for training court reporters and closed At the request of Mrs. FEINSTEIN, the DODD): captioners to meet requirements for name of the Senator from New Hamp- S. 258. A bill to amend the Public Health realtime writers under the Telecommuni- shire (Mr. GREGG) was added as a co- Service Act to enhance research, training, cations Act of 1996, and for other purposes; to sponsor of S. 29, a bill to amend title and health information dissemination with the Committee on Commerce, Science, and respect to urologic diseases, and for other Transportation. 18, United States Code, to limit the purposes; to the Committee on Health, Edu- By Mr. KERRY (for himself, Mr. REED, misuse of social security numbers, to cation, Labor, and Pensions. Mr. DODD, Mr. BINGAMAN, Mr. KOHL, establish criminal penalties for such By Mr. JOHNSON (for himself and Mr. Mr. JEFFORDS, Ms. CANTWELL, Mr. misuse, and for other purposes. THOMAS): JOHNSON, Mr. PRYOR, Mr. LEAHY, Mr. S. 53 S. 259. A bill to require that Federal for- LEVIN, Mr. SCHUMER, Mr. LIEBERMAN, At the request of Mr. HATCH, the feiture funds be used, in part, to clean up Mrs. CLINTON, Mr. HARKIN, Mr. KEN- name of the Senator from Utah (Mr. methamphetamine laboratories; to the Com- NEDY, Mr. BAYH, and Mr. OBAMA): mittee on the Judiciary. S. 269. A bill to provide emergency relief to BENNETT) was added as a cosponsor of By Mr. INHOFE: small business concerns affected by a signifi- S. 53, a bill to amend the Mineral Leas- S. 260. A bill to authorize the Secretary of cant increase in the price of heating oil, nat- ing Act to authorize the Secretary of the Interior to provide technical and finan- ural gas, propane, or kerosene, and for other the Interior to issue separately, for the cial assistance to private landowners to re- purposes; to the Committee on Small Busi- same area, a lease for tar sand and a store, enhance, and manage private land to ness and Entrepreneurship. lease for oil and gas, and for other pur- improve fish and wildlife habitats through By Mr. LUGAR: poses. the Partners for Fish and Wildlife Program; S. 270. A bill to provide a framework for S. 77 to the Committee on Environment and Pub- consideration by the legislative and execu- lic Works. tive branches of proposed unilateral eco- At the request of Mr. SESSIONS, the By Mr. LIEBERMAN (for himself, Mr. nomic sanctions in order to ensure coordina- names of the Senator from Colorado CHAFEE, Mr. KENNEDY, Mr. DAYTON, tion of United States policy with respect to (Mr. ALLARD) and the Senator from In- Mr. SALAZAR, Mr. REED, Mr. KERRY, trade, security, and human rights; to the diana (Mr. BAYH) were added as cospon- Mr. KOHL, Ms. STABENOW, Mr. DUR- Committee on Foreign Relations. sors of S. 77, a bill to amend titles 10 BIN, Ms. CANTWELL, Mr. DODD, Mr. By Mr. MCCAIN (for himself, Mr. FEIN- and 38, United States Code, to improve BIDEN, Mr. FEINGOLD, Mr. LEAHY, Mr. GOLD, Mr. LOTT, Mr. LIEBERMAN, Mr. death benefits for the families of de- CORZINE, Mr. LAUTENBERG, Mrs. MUR- SCHUMER, Ms. SNOWE, Ms. COLLINS, ceased members of the Armed Forces, RAY, Mr. HARKIN, Mr. SCHUMER, Mrs. and Mr. SALAZAR): and for other purposes. CLINTON, Mr. SARBANES, Mrs. BOXER, S. 271. A bill to amend the Federal Election and Mr. WYDEN): Campaign Act of 1971 to clarify when organi- S. 119 S. 261. A bill to designate a portion of the zations described in section 527 of the Inter- At the request of Mrs. FEINSTEIN, the Arctic National Wildlife Refuge as wilder- nal Revenue Code of 1986 must register as po- name of the Senator from Alaska (Ms.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.076 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S887 MURKOWSKI) was added as a cosponsor tions against transmission of obscene, his car was struck by another car. Both of S. 119, a bill to provide for the pro- indecent, and profane language. Ensign Elliott and the driver of that tection of unaccompanied alien chil- S. 241 car were killed. The driver of the car dren, and for other purposes. At the request of Ms. SNOWE, the that caused the collision had a blood S. 121 name of the Senator from Montana alcohol level that exceeded twice the At the request of Mrs. MURRAY, her (Mr. BURNS) was added as a cosponsor legal limit. name was added as a cosponsor of S. of S. 241, a bill to amend section 254 of What makes this tragedy especially 121, a bill to amend titles 10 and 38, the Communications Act of 1934 to pro- distressing is that this same driver had United States Code, to improve the vide that funds received as universal been arrested and charged with driving under the influence of alcohol, DUI, benefits provided for survivors of de- service contributions and the universal just three hours before the crash. After ceased members of the Armed Forces, service support programs established being processed for that offense, he had and for other purposes. pursuant to that section are not sub- been released into the custody of a ject to certain provisions of title 31, S. 145 friend who drove him back to his car At the request of Mr. NELSON of Flor- United States Code, commonly known and allowed him to get behind the ida, the name of the Senator from Ala- as the Antideficiency Act. wheel, with tragic results. bama (Mr. SESSIONS) was withdrawn as S. CON. RES. 4 We need to ensure that drunken driv- a cosponsor of S. 145, a bill to amend At the request of Mr. NELSON of Flor- ers do not get back behind the wheel title 10, United States Code, to require ida, the name of the Senator from Ari- before they sober up. With this legisla- the naval forces of the Navy to include zona (Mr. KYL) was added as a cospon- tion, States would be allowed to use not less than 12 operational aircraft sor of S. Con. Res. 4, a concurrent reso- some of their drunk driver prevention carriers. lution expressing the sense of the Con- grant money from the Federal Govern- S. 172 gress that the Department of Defense ment to impound the vehicles of drunk At the request of Mr. DEWINE, the should continue to exercise its statu- drivers for no less than 12 hours. This name of the Senator from Wyoming tory authority to support the activities would help ensure that a drunk driver (Mr. ENZI) was added as a cosponsor of of the Boy Scouts of America, in par- cannot get back behind the wheel until S. 172, a bill to amend the Federal ticular the periodic national and world he is sober. And that would make our Food, Drug, and Cosmetic Act to pro- Boy Scout Jamborees. roads safer, and prevent the loss of vide for the regulation of all contact S. CON. RES. 8 many innocent lives. Mr. President, I ask unanimous con- lenses as medical devices, and for other At the request of Mr. SARBANES, the purposes. name of the Senator from Nebraska sent that the text of the bill be printed in the RECORD. (Mr. NELSON) was added as a cosponsor S. 185 There being no objection, the bill was of S. Con. Res. 8, a concurrent resolu- At the request of Mrs. MURRAY, her ordered to be printed in the RECORD, as name was added as a cosponsor of S. tion expressing the sense of Congress follows: that there should continue to be parity 185, a bill to amend title 10, United S. 257 between the adjustments in the pay of States Code, to repeal the requirement Be it enacted by the Senate and House of Rep- for the reduction of certain Survivor members of the uniformed services and resentatives of the United States of America in Benefit Plan annuities by the amount the adjustments in the pay of civilian Congress assembled, of dependency and indemnity com- employees of the United States. SECTION 1. SHORT TITLE. pensation and to modify the effective S. RES. 28 This Act may be cited as the ‘‘John’s Law date for paid-up coverage under the At the request of Mr. DODD, the name of 2005’’. Survivor Benefit Plan. of the Senator from Georgia (Mr. SEC. 2. ALCOHOL-IMPAIRED DRIVING COUNTER- MEASURES. S. 187 ISAKSON) was added as a cosponsor of S. Section 410(b)(1) of title 23, United States At the request of Mr. CORZINE, the Res. 28, a resolution designating the Code, is amended by adding at the end the name of the Senator from Colorado year 2005 as the ‘‘Year of Foreign Lan- following: (Mr. SALAZAR) was added as a cospon- guage Study’’. ‘‘(H) PROGRAM FOR IMPOUNDMENT OF VEHI- sor of S. 187, a bill to limit the applica- f CLES.—A program to impound a vehicle for bility of the annual updates to the al- no less than 12 hours that is operated by a STATEMENTS ON INTRODUCED person who is arrested for operating the ve- lowance for States and other taxes in BILLS AND JOINT RESOLUTIONS hicle while under the influence of alcohol.’’. the tables used in the Federal Needs By Mr. CORZINE (for himself and Analysis Methodology for the award By Mr. DEWINE (for himself and Mr. LAUTENBERG): year 2005–2006, published in the Federal Mr. DODD): Register on December 23, 2004. S. 257. A bill to amend title 23, S. 258. A bill to amend the Public United States Code, to provide grant S. 188 Health Service Act to enhance re- eligibility for a State that adopts a search, training, and health informa- At the request of Mrs. FEINSTEIN, the program for the impoundment of vehi- name of the Senator from New Mexico tion dissemination with respect to uro- cles operated by persons while under logic diseases, and for other purposes; (Mr. DOMENICI) was added as a cospon- the influence of alcohol; to the Com- sor of S. 188, a bill to amend the Immi- to the Committee on Health, Edu- mittee on Environment and Public cation, Labor, and Pensions. gration and Nationality Act to author- Works. ize appropriations for fiscal years 2005 Mr. DEWINE. Mr. President, I rise Mr. CORZINE. Mr. President, this along with Senator DODD to introduce through 2011 to carry out the State legislation addresses the serious na- Criminal Alien Assistance Program. the Training and Research in Urology tional problem of drunk driving by Act—also known as the TRU Act. Dur- S. 189 helping to ensure that when drunken ing my career in the U.S. Senate, I At the request of Mr. INHOFE, the drivers are arrested, they can’t simply have supported the successful effort to name of the Senator from Texas (Mrs. get back into their car and put the double National Institutes of Health HUTCHISON) was added as a cosponsor of lives of others in jeopardy. This is (NIH) research funding and have pro- S. 189, a bill to amend the Head Start based on original legislation, known as vided a strong voice for our children. Act to require parental consent for ‘‘John’s Law,’’ that I introduced in the This bill complements these past and nonemergency intrusive physical ex- Senate in the 108th Congress and that continued efforts. It helps provide uro- aminations. has already been enacted at the State logic scientists with the tools they S. 193 level in New Jersey. I am proud that need to find new cures for the many de- At the request of Mr. BROWNBACK, the Senator LAUTENBERG will be co-spon- bilitating urologic diseases impacting name of the Senator from North Da- soring this legislation. men, women, and children. This legis- kota (Mr. DORGAN) was added as a co- On July 22, 2000, Navy Ensign John lation is important to my home state sponsor of S. 193, a bill to increase the Elliott was driving home from the of Ohio and would impact many fami- penalties for violations by television United States Naval Academy in An- lies in Ohio and nationwide who are af- and radio broadcasters of the prohibi- napolis for his mother’s birthday when flicted with urologic diseases.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02PT1 S888 CONGRESSIONAL RECORD — SENATE February 2, 2005 Ohio is a leader in urologic research. This legislation is necessary to ele- fellows), graduate training in epidemiology, Researchers at the Children’s Hospital vate leadership in urology research at epidemiology studies, clinical trials, and of Cincinnati, the Cleveland Clinic, the NIDDK. When the Institute was interdisciplinary research programs; Case Western Reserve, and Ohio State created in its current form nearly 20 ‘‘(2) establish programs of evaluation, plan- University have made great strides to- ning, and dissemination of knowledge re- years ago, Congress specifically pro- lated to such research and training; ward achieving treatments. The fact is vided for three separate Division Direc- ‘‘(3) in cooperation with the urologic sci- that urologic conditions affect millions tors. Regrettably, the current statute entific and patient community, develop and of children and adults. Urology is a fails to provide the NIDDK with the submit to the Congress not later than Janu- physiological system distinct from flexibility to create additional Division ary 1, 2006, a national urologic research plan other body systems. Urologic condi- Directors when necessary to better re- that identifies research needs in the various tions include incontinence, infertility, spond to current scientific opportuni- areas of urologic diseases, including pediat- and impotence—all of which are ex- ties. This prescriptive statutory lan- rics, interstitial cystitis, incontinence, stone tremely common, yet serious and de- disease, urinary tract infections, and benign guage is unique to the NIDDK. For ex- prostatic diseases; and bilitating. As many as 10 million chil- ample, the National Cancer Institute dren—more than 30,000 in Ohio—are af- ‘‘(4) in cooperation with the urologic sci- and the National Heart, Lung, and entific and patient community, review the fected by urinary tract problems, and Blood Institute do not have any statu- national urologic research plan every 3 years some forms of these problems can be tory language regarding Division Di- beginning in 2009 and submit to the Congress deadly. At least half of all diabetics rectors. any revisions or additional recommenda- have bladder dysfunctions, which can Mr. President, the basic science tions.’’; and include urinary retention, changes in breakthroughs of the last decade are (3) by adding at the end, the following: bladder compliance, and incontinence. ‘‘(c) There are authorized to be appro- literally passing urology by. A greater priated $500,000 for each of fiscal years 2006 Interstitial Cystitis (IC), a painful focus on urological diseases is needed bladder syndrome, affects 200,000 peo- and 2007 to carry out paragraphs (3) and (4) of at the NIDDK and will be best accom- subsection (b), and such sums as may be nec- ple, mostly women. There are no plished with senior leadership with ex- essary thereafter.’’. known causes or cures, and few mini- pertise in urology as provided in the (b) UROLOGIC DISEASES DATA SYSTEM AND mally effective treatments. Addition- TRU Act. This legislation is supported INFORMATION CLEARINGHOUSE.—Section 427 of ally, there are 7 million urinary tract the Public Health Service Act (42 U.S.C. by the Coalition for Urologic Research infections in the United States each 285c–1) is amended— year. & Education (CURE)—a group rep- (1) in subsection (c), by striking ‘‘and Uro- Incontinence costs the healthcare resenting tens of thousands of patients, logic’’ and ‘‘and urologic’’ each place either system $25 billion each year and is a researchers and healthcare providers. I such term appears; and leading reason people are forced to urge my colleagues to join me as co- (2) by adding at the end the following: sponsors of the TRU Act. ‘‘(d) The Director of the Institute shall— enter nursing homes, impacting Medi- ‘‘(1) establish the National Urologic Dis- care and Medicaid costs. Urinary tract Mr. President, I ask unanimous con- sent that the text of the bill be printed eases Data System for the collection, stor- infection treatment costs total more age, analysis, retrieval, and dissemination of than $1 billion each year. Many uro- in the RECORD. data derived from patient populations with logic diseases, incontinence, erectile Mr. President, I ask unanimous con- urologic diseases, including, where possible, dysfunction, and cancer, increase in sent that the text of the bill be printed data involving general populations for the aging populations. Prostate cancer is in the RECORD. purpose of detection of individuals with a the most common cancer in American There being no objection, the bill was risk of developing urologic diseases; and men, and African-American men are at ordered to be printed in the RECORD, as ‘‘(2) establish the National Urologic Dis- eases Information Clearinghouse to facili- a greater risk for the disease. Medicare follows: S. 258 tate and enhance knowledge and under- beneficiaries suffer from benign pros- standing of urologic diseases on the part of tatic hyperplasia (BPH), which results Be it enacted by the Senate and House of Rep- health professionals, patients, and the public in bladder dysfunction and urinary fre- resentatives of the United States of America in through the effective dissemination of infor- quency. Fifty percent of men at age 60 Congress assembled, mation.’’. have BPH. Treatment and surgery cost SECTION 1. SHORT TITLE. (c) STRENGTHENING THE UROLOGY INTER- This Act may be cited as the ‘‘Training AGENCY COORDINATING COMMITTEE.—Section $2 billion per year. and Research in Urology Act of 2005’’. Research for urologic disorders has 429 of the Public Health Service Act (42 SEC. 2. RESEARCH, TRAINING, AND HEALTH IN- failed to keep pace. Further delay U.S.C. 285c–3) is amended— FORMATION DISSEMINATION WITH (1) in subsection (a), by striking ‘‘and a translates into increased costs—in dol- RESPECT TO UROLOGIC DISEASES. Kidney, Urologic, and Hematologic Diseases lars, in needless suffering, and in the (a) DIVISION DIRECTOR OF UROLOGY.—Sec- Coordinating Committee’’ and inserting ‘‘a loss of human dignity. Incontinence tion 428 of the Public Health Service Act (42 Urologic Diseases Interagency Coordinating costs the healthcare system $23 billion U.S.C. 285c–2) is amended— Committee, and a Kidney and Hematologic each year, yet only 90 cents per patient (1) in subsection (a)(1), by striking ‘‘and a Diseases Interagency Coordinating Com- is spent on research—little more than Division Director for Kidney, Urologic, and mittee’’; Hematologic Diseases’’ and inserting ‘‘a Di- the cost of a single adult undergar- (2) in subsection (b), by striking ‘‘the Chief vision Director for Urologic Diseases, and a Medical Director of the Veterans’ Adminis- ment. In 2002, only $5 million of the $88 Division Director for Kidney and Hemato- million in new initiatives from the Na- tration,’’ and inserting ‘‘the Under Secretary logic Diseases’’; for Health of the Department of Veterans Af- tional Institute of Diabetes and Diges- (2) in subsection (b)— fairs’’; and tive and Kidney Diseases (NIDDK) was (A) by striking ‘‘and the Division Director (3) by adding at the end the following: designated to urologic diseases and for Kidney, Urologic, and Hematologic Dis- ‘‘(d) The urology interagency coordinating conditions. Of that $5 million, no new eases’’ and inserting ‘‘the Division Director committee may encourage, conduct, or sup- initiatives were announced for women’s for Urologic Diseases, and the Division Di- port intra- or interagency activities in urol- urologic health problems. In 2001, we rector for Kidney and Hematologic Dis- ogy research, including joint training pro- eases’’; and spent less than five cents per child on grams, joint research projects, planning ac- (B) by striking ‘‘(1) carry out programs’’ tivities, and clinical trials. research into pediatric urologic prob- and all that follows through the end and in- ‘‘(e) For the purpose of carrying out the ac- lems. The medications currently used serting the following: tivities of the Urologic Diseases Interagency are very expensive and have unknown, ‘‘(1) carry out programs of support for re- Coordinating Committee, there are author- long-term side effects. search and training (other than training for ized to be appropriated $5,000,000 for each of The TRU Act establishes a Division which National Research Service Awards fiscal years 2006 through 2010, and such sums of Urology at the NIDDK—the home of may be made under section 487) in the diag- as may be necessary thereafter.’’. the urology basic science program—and nosis, prevention, and treatment of diabetes (d) NATIONAL UROLOGIC DISEASES ADVISORY expands existing research mechanisms, mellitus and endocrine and metabolic dis- BOARD.—Section 430 of the Public Health eases, digestive diseases and nutritional dis- Service Act (42 U.S.C. 285c–4) is amended by like the successful George O’Brien orders, and kidney, urologic, and hemato- striking ‘‘and the National Kidney and Uro- Urology Research Centers. This will logic diseases, including support for training logic Diseases Advisory Board’’ and inserting give NIH new opportunities for invest- in medical schools, graduate clinical train- ‘‘the National Urologic Diseases Advisory ment in efforts to combat and vanquish ing (with particular attention to programs Board, and the National Kidney Diseases Ad- these diseases. geared to the needs of urology residents and visory Board’’.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.072 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S889 (e) EXPANSION OF O’BRIEN UROLOGIC DIS- U.S.C. 285c et seq.) (as amended by sub- logic diseases, as well as recruit and re- EASE RESEARCH CENTERS.— section (g)) is further amended by inserting tain talented investigators through a (1) IN GENERAL.—Subsection (c) of section after section 434B the following: loan repayment program. 431 of the Public Health Service Act (42 ‘‘AUTHORIZATION OF APPROPRIATIONS FOR In Connecticut, as in many states, U.S.C. 285c–5(c)) is amended in the matter UROLOGY RESEARCH. preceding paragraph (1) by inserting ‘‘There there is important urologic research ‘‘SEC. 434C. There are authorized to be ap- being conducted currently. Researchers shall be no fewer than 15 such centers fo- propriated to the Director of NIH for the cused exclusively on research of various as- at Yale University have made great purpose of carrying out intra- and inter- strides toward achieving treatments of pects of urologic diseases, including pediat- agency activities in urology research (in- rics, interstitial cystitis, incontinence, stone cluding training programs, joint research benefit to all Americans. For example, disease, urinary tract infections, and benign projects, and joint clinical trials) $5,000,000 Benign Prostatic Hyperplasia, BPH, prostatic diseases.’’ before ‘‘Each center de- for each of fiscal years 2006 through 2010, and commonly referred as an enlarged pros- veloped’’. such sums as may be necessary thereafter. tate, impacts more than 125,000 men in (2) AUTHORIZATION OF APPROPRIATIONS.— Amounts authorized to be appropriated Connecticut and more than 50 percent Section 431 of the Public Health Service Act under this section shall be in addition to (42 U.S.C. 285c–5) is amended by adding at the of men 60 years of age and older. BPH amounts otherwise available for such pur- is the second most common kidney or end the following: pose.’’. ‘‘(f) There are authorized to be appro- urologic condition requiring hos- priated for the urologic disease research cen- Mr. DODD. Mr. President, I am pitalization and the fifth leading rea- ters described in subsection (c) $22,500,000 for pleased today to join my colleague, son for physician visits. Yale Univer- each of fiscal years 2006 through 2010, and Senator MIKE DEWINE, in introducing sity’s Dr. Harris Foster, Jr. is studying such sums as are necessary thereafter.’’. the Training and Research in Urology the use of phytotherapy to relieve (3) TECHNICAL AMENDMENT.—Subsection (c) Act—the ‘‘TRU’’ Act. Each day, mil- lower urinary tract symptoms, particu- of section 431 of the Public Health Service lions of American men, women and Act (42 U.S.C. 285c–5(c)) is amended at the be- larly BPH. The research supported by ginning of the unnumbered paragraph— children suffer with urologic condi- the TRU Act will support this and (A) by striking ‘‘shall develop and con- tions—children suffering from other important urologic research ini- duct’’ and inserting ‘‘(2) shall develop and urological abnormalities, women living tiatives nationwide. conduct’’; and with painful urologic illnesses, the el- The TRU Act is supported by the (B) by aligning the indentation of such derly for whom urologic conditions can Spina Bifida Association of America paragraph with the indentation of para- present a wide variety of very serious and the Urology Section of the Amer- graphs (1), (3), and (4). health problems. The silent struggle of ican Academy of Pediatrics, as well as (f) SUBCOMMITTEE ON UROLOGIC DISEASES.— patients with urologic diseases has Section 432 of the Public Health Service Act the Coalition for Urologic Research (42 U.S.C. 285c–6) is amended by striking gone on too long. The legislation we in- and Education, CURE, a group rep- ‘‘and a subcommittee on kidney, urologic, troduce today seeks to ease the burden resenting hundreds of thousands of pa- and hematologic diseases’’ and inserting ‘‘a of millions of Americans suffering from tients, researchers and healthcare pro- subcommittee on urologic diseases, and a urologic illnesses. viders, including the Men’s Health Net- subcommittee on kidney and hematologic The amazing breakthroughs of the work and the Society for Women’s diseases’’. last decade in basic science have re- Health Research. (g) LOAN REPAYMENT TO ENCOURAGE UROLO- sulted in new treatments and even The TRU Act will lead urology re- GISTS AND OTHER SCIENTISTS TO ENTER RE- cures for some urologic conditions. Un- SEARCH CAREERS.—Subpart 3 of part C of search and training into the 21st cen- title IV of the Public Health Service Act (42 fortunately, these exciting advance- tury, and more important, it will lead U.S.C. 285c et seq.) is amended by inserting ments often fail to reach many who to better the lives of millions of pa- after section 434A the following: suffer from urologic diseases. It is time tients, young and old, struggling to ‘‘LOAN REPAYMENT PROGRAM FOR UROLOGY to change the way we think and deal live with urologic diseases. Therefore, I RESEARCH with urologic disease. join my colleague in supporting this ‘‘SEC. 434B. (a) ESTABLISHMENT.—Subject to The TRU Act will create a new urol- worthy measure and urge all of my col- subsection (b), the Secretary shall carry out ogy-specific division at the National leagues to support this important leg- a program of entering into contracts with Institute of Diabetes & Digestive & islation. appropriately qualified health professionals Kidney Diseases, NIDDK. Senior urol- or other qualified scientists under which ogy leadership at NIDDK will assure By Mr. INHOFE: such health professionals or scientists agree that urology receives adequate atten- S. 260. A bill to authorize the Sec- to conduct research in the field of urology, tion and will allow science to drive the retary of the Interior to provide tech- as employees of the National Institutes of Health or of an academic department, divi- research agenda. Federal legislation is nical and financial assistance to pri- sion, or section of urology, in consideration necessary because more than 20 years vate landowners to restore, enhance, of the Federal Government agreeing to ago Congress established the current and manage private land to improve repay, for each year of such research, not three divisions within NIDDK. Unlike fish and wildlife habitats through the more than $35,000 of the principal and inter- the other institutes at NIH, the direc- Partners for Fish and Wildlife Pro- est of the educational loans of such health tor does not have the authority to es- gram; to the Committee on Environ- professionals or scientists. tablish new divisions when warranted. ment and Public Works. ‘‘(b) LIMITATION.—The Secretary may not Urologic discoveries have advanced the Mr. INHOFE. Mr. President, today I enter into an agreement with a health pro- fessional or scientist pursuant to subsection science over the past two decades and I am introducing the Partners for Fish (a) unless the professional or scientist— believe a urology division at NIDDK and Wildlife Act. ‘‘(1) has a substantial amount of edu- will assure continued progress in urol- On August 26, 2004, President Bush cational loans relative to income; and ogy research. signed Executive Order 13352 promoting ‘‘(2) agrees to serve as an employee of the I was surprised to learn that the a new approach to conservation within National Institutes of Health or of an aca- most frequently occurring birth defects the Federal government’s conservation demic department, division, or section of are related to urologic conditions. In and environmental departments. This urology for purposes of the research require- fact, Spina Bifida alone affects ap- Executive Order was offered to ensure ment of subsection (a) for a period of not less than 3 years. proximately 4,000 newborns in the that Federal agencies pursue coopera- ‘‘(c) APPLICABILITY OF CERTAIN PROVI- United States each year. The Spina tive conservation actions designed to SIONS.—Except as inconsistent with this sec- Bifida Association of America informed involve private landowners rather than tion, the provisions of subpart 3 of part D of me that those living ‘‘with Spina simply making mandates which private title III apply to the program established Bifida often refer to the complications landowners must fulfill. under subsection (a) in the same manner and associated with neurogenic bowel and An example of this new cooperative to the same extent as such provisions apply bladder as the most difficult for them conservation is the Partners for Fish to the National Health Service Corps Loan both physically and socially. ‘‘ and Wildlife Program. Since 1987, the Repayment Program established under such subpart.’’. The TRU Act would also charge Partners Program has been a success- (h) AUTHORIZATION OF APPROPRIATIONS FOR NIDDK with creating a national uro- ful voluntary partnership program that UROLOGY RESEARCH.—Subpart 3 of part C of logic research plan and create an addi- helps private landowners restore fish title IV of the Public Health Service Act (42 tional 10 centers for the study of uro- and wildlife habitat on their own lands.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.042 S02PT1 S890 CONGRESSIONAL RECORD — SENATE February 2, 2005 Through 33,103 agreements with private history, especially to our Nation’s the Golden Gate National Recreation landowners, the Partners Program has Asian American and immigrant com- Area (GGNRA) which includes the Im- accomplished the restoration of 677,000 munities. migration Station. As a result, a his- acres of wetlands, 1,253,700 acres of From the mid 19th to early 20th cen- toric three-party agreement was cre- prairies and native grasslands, and tury, millions of people came to Amer- ated between the National Park Serv- 5,560 miles of riparian and in-stream ica in pursuit of the American dream. ice, California Department of Parks habitat. Partners Program agreements Most people are familiar with Ellis Is- and the Angel Island Immigration Sta- are funded through contributions from land and the stories of immigrants tion Foundation to conduct this study. the U.S. Fish and Wildlife Service coming to America and seeing the In 2000, Save America’s Treasures along with cash and in-kind contribu- Statue of Liberty in New York Harbor, named the Angel Island Immigration tions from participating private land- but often forgotten are the experiences Station one of its Official Projects and owners. Since 1990, the U.S. Fish and of those who made it to America provided $500,000 for the preservation of Wildlife Service has provided $3,511,121 through the West Coast by way of poems carved into the walls. to restore habitat in Oklahoma Angel Island. Just like those who came The Station is supported by the peo- through the Partners Program, to through Ellis Island, there are many ple of California as well as numerous which private landowners have contrib- stories of triumph and tribulation asso- private interests. The voters of Cali- uted $12,638,272. ciated with Angel Island. fornia voted in 2000 to set aside $15 mil- In Oklahoma, 97 percent of land is However, for the Chinese and those lion for restoration of the Station held in private ownership. Since 1990, a from other Asian countries who came through Proposition 12 and in addition total of 124,285 acres in Oklahoma has through Angel Island Immigration Sta- approximately $1.1 million in private been restored through 700 individual tion the story goes a bit further. funds has been raised so far. Most re- Partners Program voluntary agree- The economic downturn in the 1870s cently, in December 2004, the California ments with private landowners. The brought political pressures to deal with Cultural and Historical Endowment U.S. Fish and Wildlife Service District the increasing population of Chinese Board voted to reserve $3 million pend- Office in Tulsa currently reports that who risked everything to travel to ing further staff findings for the Immi- at least another 100 private landowners ‘‘Gold Mountain’’ in search of a better gration Station. are waiting to enter into Partner’s life. Amongst the harshest of measures The legislation limits Federal fund- projects as soon as funds become avail- taken was the passage of the Chinese ing to 50 percent the total funds from able. Exclusion Act of 1882, the only legisla- all sources spent to restore the Angel As chairman of the Senate Environ- tion enacted by Congress to ban a spe- Island Immigration Station. The re- ment and Public Works Committee, a cific ethnic population from entry into maining money will be provided new approach to conservation is espe- the United States. through State bond funding and raised cially important to me. All conserva- To enforce this new law and subse- through private means, making this a tion programs should create positive quent legislation which excluded most true public private partnership. incentives to protect species and, Asian immigrants to this country, the Today, approximately 200,000 visits above all, should hold sacred the rights Angel Island Immigration Station was are made each year to Angel Island by of private landowners. A positive step established in 1910. ferry from San Francisco, Tiburon and toward those aims is authorization of After a difficult journey across the Alameda. In addition, 60,000 visits are the Partners for Fish and Wildlife Pro- Pacific Ocean, many new arrivals were made to the Immigration Station, gram which has already proven to be brought to the Station where they about half of which are students on an effective habitat conservation pro- faced separation from their family, em- guided tours. gram that leverages federal funds and barrassing medical examinations, The resources secured so far have set utilizes voluntary private landowner grueling interrogations and long in motion designing, planning and ini- participation. To date, the Partners detainments that lasted months, even tial restoration efforts of the Immigra- Program has received little attention. years, in living deplorable conditions. tion Station but much more is needed, My bill will build on this successful Testaments to these experiences can particularly to save the Immigration program to provide additional funding be found today on the wooden walls of Station Hospital building, which is de- and added stability. the barracks. Many of the detainees teriorating. I am pleased to author legislation to told their stories through poems that The bill I am introducing today will authorize a program with a proven they carved on the barrack walls. authorize $15 million in Federal fund- record in positive and actual conserva- Using allegories and historical ref- ing to complete the restoration of the tion. erences, they described their aspira- Angel Island Immigration Station so By Mrs. FEINSTEIN (for herself, tions for coming to America as well as the stories of these early Americans Mrs. BOXER, and Mr. AKAKA): expressed their anger and sadness at who courageously endured the experi- S. 262. A bill to authorize appropria- the treatment they received. However, ence at the Angel Island Immigration tions to the Secretary of Interior for this experience did not break the spirit Station will be preserved for future the restoration of the Angel Island Im- of these new courageous immigrants. generations. migration Station in the State of Cali- They endured and established new I urge my colleagues to support this fornia; to the Committee on Energy roots and made immeasurable con- bill. I ask unanimous consent that the and Natural Resources. tributions to this nation. text of the bill be printed in the Mrs. FEINSTEIN. Mr. President, I The Station was closed in 1940 and RECORD. rise today to introduce the Angel Is- three years later Congress repealed the There being no objection, the bill was land Immigration Station Restoration Chinese Exclusion Act. For the next 20 ordered to be printed in the RECORD, as and Preservation Act, with Senator years the Station remained mostly un- follows: BOXER as an original cosponsor. used except for a short term during S. 262 This legislation authorizes the use of World War II, when it was used as a Be it enacted by the Senate and House of Rep- up to $15 million in Federal funds for prisoner of war camp. resentatives of the United States of America in ongoing efforts to restore and preserve In 1963, Angel Island became a State Congress assembled, the Angel Island Immigration Station park and the California Department of SECTION 1. SHORT TITLE. located on Angel Island in San Fran- Parks and Recreation assumed stew- This Act may be cited as the ‘‘Angel Island cisco Bay. ardship of the Immigration Station. Immigration Station Restoration and Pres- I understand that Congresswoman In the late 1990’s, the Station was a ervation Act’’. SEC. 2. FINDINGS. LYNN WOOLSEY is introducing similar declared a National Historic Landmark and named on ‘‘America’s 11 Most En- The Congress makes the following findings: legislation in the House. In the 108th (1) The Angel Island Immigration Station, Congress, Congresswoman WOOLSEY’s dangered Historic Places.’’ In 1998, Con- also known as the Ellis Island of the West, is Angel Island bill passed the House. gress approved $300,000 to conduct a a National Historic Landmark. The Angel Island Immigration Sta- study to determine the feasibility and (2) Between 1910 and 1940, the Angel Island tion is an important piece of American desirability of preserving sites within Immigration Station processed more than

VerDate Aug 04 2004 05:19 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.051 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S891 1,000,000 immigrants and emigrants from You may remember that in 1999, Con- for the protection of fossil resources on around the world. gress requested that the Secretary of the lands under their jurisdiction—the (3) The Angel Island Immigration Station the Interior review and report on the Department of the Interior’s Bureau of contributes greatly to our understanding of Federal policy concerning paleontolog- Land Management, Bureau of Reclama- our Nation’s rich and complex immigration history. ical resources on Federal lands. In its tion, Fish and Wildlife Service, and Na- (4) The Angel Island Immigration Station request, Congress noted that no unified tional Park Service, and the U.S. De- was built to enforce the Chinese Exclusion Federal policy existed regarding the— partment of Agriculture’s U.S. Forest Act of 1882 and subsequent immigration treatment of fossils by Federal land Service. The report also points out laws, which unfairly and severely restricted management agencies, and emphasized that the U.S. Geological Survey, De- Asian immigration. Congress’s concerns that a lack of ap- partment of Defense, and Smithsonian (5) During their detention at the Angel Is- propriate standards would lead to the Institution have some fossil respon- land Immigration Station, Chinese detainees deterioration or loss of fossils, which sibilities. The reports further find that carved poems into the walls of the detention are valuable scientific resources. Un- barracks. More than 140 poems remain today, agency enforcement and prosecution representing the unique voices of immi- fortunately, that situation remains the policies differ greatly and there is only grants awaiting entry to this country. case today. limited and scattered authority for (6) More than 50,000 people, including 30,000 In the past year alone, there have Federal management and protection of schoolchildren, visit the Angel Island Immi- been compelling finds of fossils that fossil resources on Federal lands. gration Station annually to learn more are helping us unlock the mysteries of The report concludes that the scat- about the experience of immigrants who the past from the earth, whether vio- tered authorities result in case law on have traveled to our shores. lent tectonic cataclysms or depletion fossil protection that is not well devel- (7) The restoration of the Angel Island Im- of oxygen in the oceans and consequent oped and not necessarily consistent. migration Station and the preservation of the writings and drawings at the Angel Is- drastic changes in species. The Na- The cases do not provide clear case land Immigration Station will ensure that tional Parks Conservation Association precedent and are not necessarily ap- future generations also have the benefit of NPCA, a bipartisan non-profit organi- plicable to broader protection, regula- experiencing and appreciating this great zation dedicated to protecting and en- tion, management, and marketing symbol of the perseverance of the immigrant hancing National Parks, recently issues. spirit, and of the diversity of this great Na- called for ‘‘stronger laws, better en- Both reports conclude that there is tion. forcement, and better education pro- an absence of uniform regulations for SEC. 3. RESTORATION. grams . . . to more fully protect these paleontological resources on Federal (a) AUTHORIZATION OF APPROPRIATIONS.— valuable [fossil] relics.’’ In its Fall 2004 lands—as shown by an absence of pre- There are authorized to be appropriated to cise uniform definitions of key terms— the Secretary of the Interior $15,000,000 for issue of National Parks, the article de- scribed the discovery at Wind Cave Na- and that there is no comprehensive restoring the Angel Island Immigration Sta- statute or management policy for the tion in the San Francisco Bay, in coordina- tional Park, South Dakota, in July tion with the Angel Island Immigration Sta- 2003, of fossilized remains of a 5-foot protection and management of fossils tion Foundation and the California Depart- tall hornless rhinoceros, a collie-sized on Federal lands. ment of Parks and Recreation. horse, and a foot-tall, deer-like mam- The Paleontological Resources Pres- ervation Act embodies the principles (b) FEDERAL FUNDING.—Federal funding mal. under this Act shall not exceed 50 percent of National Parks are the home of many recommended by an interagency group the total funds from all sources spent to re- in a 2000 report to Congress entitled store the Angel Island Immigration Station. extraordinary fossil discoveries al- ready, such as the graveyards of 20-mil- ‘‘Assessment of Fossil Management on (c) PRIORITY.—(1) Except as provided in Federal and Indian Lands.’’ The bill lion-year old camels and rhinos at paragraph (2), the funds appropriated pursu- provides the paleontological equivalent ant to this Act shall be used for the restora- Agate Fossil Beds National Monument of protections found in the Archae- tion of the Immigration Station Hospital on in Nebraska, the only pygmy island- ological Resources Preservation Act. Angel Island. dwelling mammoth at Channel Islands The bill finds that fossil resources on (2) Any remaining funds in excess of the National Park in California; and trop- amount required to carry out paragraph (1) Federal lands are an irreplaceable part shall be used solely for the restoration of the ical dinosaurs in what are now the arid of the heritage of the United States Angel Island Immigration Station. lands of the Painted Desert of southern and affirms that reasonable access to Arizona. fossil resources should be provided for By Mr. AKAKA (for himself, Mr. Besides the National Park Service, scientific, educational, and rec- BAUCUS, Mrs. FEINSTEIN, Mr. other Federal land management agen- reational purposes. The bill acknowl- DURBIN, Mr. ROBERTS, and Mr. cies have a number of regulations and edges the value of amateur collecting INOUYE): directives on paleontological resources, and provides an exception for casual S. 263. A bill to provide for the pro- but they are not consistent and there is collecting of invertebrate fossils, but tection of paleontological resources on no clear statutory language providing protects vertebrate fossils found on Federal lands, and for other purposes; direction in protecting and curating Federal lands under a system of per- to the Committee on Energy and Nat- fossils. I would like to commend to my mits. The fossil bill does not restrict ural Resources. colleagues two reports recently pub- access of the interested public to fos- Mr. AKAKA. Mr. President, I rise lished by the Congressional Research sils on public lands but rather will help today to introduce the Paleontological Service, CRS, which we know as an im- create opportunities for involvement. Resources Preservation Act to protect partial, non-partisan legislative re- For example, there are many amateur and preserve the Nation’s important search service that provides analysis paleontologists volunteering to assist fossil record for the benefit of our citi- for Congress. The CRS American Law in the excavation and curation of fos- zens. I am pleased to have Senators Division published two reports entitled sils on national park lands already. BAUCUS, FEINSTEIN, DURBIN, ROBERTS, ‘‘Federal Management and Protection Finally, I would like to emphasize and INOUYE join me as original cospon- of Fossil Resources on Federal Lands’’ that this bill in no way affects archae- sors on this significant legislation. and, ‘‘Paleontological Resources Pro- ological or cultural resources under the This bill was reported favorably by tection Act: Proposal for the Manage- Archaeological Resources Protection the Senate Committee on Energy and ment and Protection of Fossil Re- Act of 1979 or the Native American Natural Resources, and approved by sources Located on Federal Lands.’’ Graves Protection and Rehabilitation unanimous consent during the 108th These two reports analyze the status Act. They are exempted because they Congress. A similar bill was introduced and activities of Federal agencies with are very different types of resources in the other body by Representative paleontological responsibilities, the This bill covers only paleontological JAMES R. MCGOVERN, with 15 cospon- statutory authorities for fossils, the remains—fossils on Federal lands. sors, but was not reported by the Re- case law supporting them, and the bills As we look toward the future, public sources Committee. I hope we can pass recently introduced on fossils such as access to fossil resources will take on a this again quickly in the Senate and S. 546 in the 108th Congress. The re- new meaning, as digital images of fos- move the bill in the House of Rep- ports point out that several Federal sils become available worldwide. Dis- resentatives. agencies have management authority coveries in paleontology are made

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.043 S02PT1 S892 CONGRESSIONAL RECORD — SENATE February 2, 2005 more frequently than we realize. They (A) lands controlled or administered by the (4) the proposed methods of collecting will shape how we learn about the world Secretary of the Interior, except Indian not threaten significant natural or cultural around us. In January of this year, lands; or resources. Science Express, the on-line version of (B) National Forest System lands con- (c) PERMIT SPECIFICATIONS.—A permit for trolled or administered by the Secretary of the journal Science, reported two stud- the collection of a paleontological resource Agriculture. issued under this section shall contain such ies using paleontological data to under- (4) INDIAN LANDS.—The term ‘‘Indian Land’’ terms and conditions as the Secretary deems stand the causes of the ‘‘Great Dying,’’ means lands of Indian tribes, or Indian indi- necessary to carry out the purposes of this or mass extinctions that occurred viduals, which are either held in trust by the Act. Every permit shall include require- about 250 million years ago in the Per- United States or subject to a restriction ments that— mian-Triassic period. The Paleontolog- against alienation imposed by the United (1) the paleontological resource that is col- ical Resources Preservation Act would States. lected from Federal lands under the permit create a legacy for the production of (5) STATE.—The term ‘‘State’’ means the will remain the property of the United fifty States, the District of Columbia, the scientific knowledge for future genera- States; Commonwealth of Puerto Rico, and any (2) the paleontological resource and copies tions. other territory or possession of the United of associated records will be preserved for The protections offered in this act States. the public in an approved repository, to be are not new. Federal land management (6) PALEONTOLOGICAL RESOURCE.—The term made available for scientific research and agencies already have individual regu- ‘‘paleontological resource’’ means any fos- public education; and lations prohibiting theft of government silized remains, traces, or imprints of orga- (3) specific locality data will not be re- property. However, the reality is that nisms, preserved in or on the earth’s crust, leased by the permittee or repository with- U.S. attorneys are reluctant to pros- that are of paleontological interest and that out the written permission of the Secretary. ecute cases involving fossil theft be- provide information about the history of life (d) MODIFICATION, SUSPENSION, AND REV- on earth, except that the term does not in- cause they are difficult. The National OCATION OF PERMITS.— clude— (1) The Secretary may modify, suspend, or Park Service reported 721 incidents of (A) any materials associated with an ar- revoke a permit issued under this section— vandalism; and visitors annually take chaeological resource (as defined in section (A) for resource, safety, or other manage- up to 12 tons of petrified wood from 3(1) of the Archaeological Resources Protec- ment considerations; or Petrified Forest National Park, a fact tion Act of 1979 (16 U.S.C. 470bb(1)); or (B) when there is a violation of term or that has lead the NPCA to place the (B) any cultural item (as defined in section condition of a permit issued pursuant to this Petrified National Forest on its ‘‘Ten 2 of the Native American Graves Protection section. Most Endangered National Parks’’ lists and Repatriation Act (25 U.S.C. 3001)). (2) The permit shall be revoked if any per- in 2000 and 2001. SEC. 3. MANAGEMENT. son working under the authority of the per- Congress has not provided a clear (a) IN GENERAL.—The Secretary shall man- mit is convicted under section 9 or is as- age and protect paleontological resources on sessed a civil penalty under section 10. statute stating the value of paleon- Federal lands using scientific principles and (e) AREA CLOSURES.—In order to protect tological resources to our Nation, as expertise. The Secretary shall develop appro- paleontological or other resources and to has been provided for archaeological priate plans for inventory, monitoring, and provide for public safety, the Secretary may resources. Fossils are too valuable to the scientific and educational use of paleon- restrict access to or close areas under the be left within the general theft provi- tological resources, in accordance with ap- Secretary’s jurisdiction to the collection of sions that are difficult to prosecute, plicable agency laws, regulations, and poli- paleontological resources. and they are too valuable to the edu- cies. These plans shall emphasize inter- SEC. 6. CURATION OF RESOURCES. agency coordination and collaborative ef- cation of our children not to ensure Any paleontological resource, and any data forts where possible with non-Federal part- and records associated with the resource, public access. We need to work to- ners, the scientific community, and the gen- collected under a permit, shall be deposited gether to make sure that we fulfill our eral public. in an approved repository. The Secretary responsibility as stewards of public (b) COORDINATION.—To the extent possible, may enter into agreements with non-Federal lands, and as protectors of our Nation’s the Secretary of the Interior and the Sec- repositories regarding the curation of these retary of Agriculture shall coordinate in the natural resources. resources, data, and records. I ask unanimous consent that the implementation of this Act. text of the bill be printed in the SEC. 4. PUBLIC AWARENESS AND EDUCATION SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. PROGRAM. (a) IN GENERAL.—A person may not— RECORD. There being no objection, the text of The Secretary shall establish a program to (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, re- the bill was ordered to be printed in increase public awareness about the signifi- cance of paleontological resources. move, damage, or otherwise alter or deface the RECORD, as follows: SEC. 5. COLLECTION OF PALEONTOLOGICAL RE- any paleontological resources located on S. 263 SOURCES. Federal lands unless such activity is con- Be it enacted by the Senate and House of Rep- (a) PERMIT REQUIREMENT.— ducted in accordance with this Act; resentatives of the United States of America in (1) IN GENERAL.—Except as provided in this (2) exchange, transport, export, receive, or Congress assembled, Act, a paleontological resource may not be offer to exchange, transport, export, or re- SECTION 1. SHORT TITLE. collected from Federal lands without a per- ceive any paleontological resource if, in the This Act may be cited as the ‘‘Paleontolog- mit issued under this Act by the Secretary. exercise of due care, the person knew or ical Resources Preservation Act’’. (2) CASUAL COLLECTING EXCEPTION.—The should have known such resource to have SEC. 2. DEFINITIONS. Secretary may allow casual collecting with- been excavated or removed from Federal As used in this Act: out a permit on Federal lands controlled or lands in violation of any provisions, rule, (1) CASUAL COLLECTING.—The term ‘‘casual administered by the Bureau of Land Manage- regulation, law, ordinance, or permit in ef- collecting’’ means the collecting of a reason- ment, the Bureau of Reclamation, and the fect under Federal law, including this Act; or able amount of common invertebrate and Forest Service, where such collection is con- (3) sell or purchase or offer to sell or pur- plant paleontological resources for non-com- sistent with the laws governing the manage- chase any paleontological resource if, in the mercial personal use, either by surface col- ment of those Federal lands and this Act. exercise of due care, the person knew or lection or the use of non-powered hand tools (3) PREVIOUS PERMIT EXCEPTION.—Nothing should have known such resource to have resulting in only negligible disturbance to in this section shall affect a valid permit been excavated, removed, sold, purchased, the Earth’s surface and other resources. As issued prior to the date of enactment of this exchanged, transported, or received from used in this paragraph, the terms ‘‘reason- Act. Federal lands. able amount’’, ‘‘common invertebrate and (b) CRITERIA FOR ISSUANCE OF A PERMIT.— (b) FALSE LABELING OFFENSES.—A person plant paleontological resources’’ and ‘‘neg- The Secretary may issue a permit for the may not make or submit any false record, ligible disturbance’’ shall be determined by collection of a paleontological resource pur- account, or label for, or any false identifica- the Secretary. suant to an application if the Secretary de- tion of, any paleontological resource exca- (2) SECRETARY.—The term ‘‘Secretary’’ termines that— vated or removed from Federal lands. means the Secretary of the Interior with re- (1) the applicant is qualified to carry out (c) PENALTIES.—A person who knowingly spect to lands controlled or administered by the permitted activity; violates or counsels, procures, solicits, or the Secretary of the Interior or the Sec- (2) the permitted activity is undertaken for employs another person to violate subsection retary of Agriculture with respect to Na- the purpose of furthering paleontological (a) or (b) shall, upon conviction, be fined in tional Forest System Lands controlled or ad- knowledge or for public education; accordance with title 18, United States Code, ministered by the Secretary of Agriculture. (3) the permitted activity is consistent or imprisoned not more than 10 years, or (3) FEDERAL LANDS.—The term ‘‘Federal with any management plan applicable to the both; but if the sum of the commercial and lands’’ means— Federal lands concerned; and paleontological value of the paleontological

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.054 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S893 resources involved and the cost of restora- penalty shall not be subject to review. Any SEC. 11. REGULATIONS. tion and repair of such resources does not ex- person who fails to pay on a timely basis the As soon as practical after the date of the ceed $500, such person shall be fined in ac- amount of an assessment of a civil penalty enactment of this Act, the Secretary shall cordance with title 18, United States Code, as described in the first sentence of this issue such regulations as are appropriate to or imprisoned not more than one year, or paragraph shall be required to pay, in addi- carry out this Act, providing opportunities both. tion to such amount and interest, attorneys for public notice and comment. (d) GENERAL EXCEPTION.—Nothing in sub- fees and costs for collection proceedings. SEC. 12. SAVINGS PROVISIONS. section (a) shall apply to any person with re- (c) HEARINGS.—Hearings held during pro- Nothing in this Act shall be construed to— spect to any paleontological resource which ceedings instituted under subsection (a) shall (1) invalidate, modify, or impose any addi- was in the lawful possession of such person be conducted in accordance with section 554 tional restrictions or permitting require- prior to the date of the enactment of this of title 5, United States Code. ments on any activities permitted at any Act. (d) USE OF RECOVERED AMOUNTS.—Pen- time under the general mining laws, the alties collected under this section shall be SEC. 8. CIVIL PENALTIES. mineral or geothermal leasing laws, laws available to the Secretary and without fur- (a) IN GENERAL.— providing for minerals materials disposal, or ther appropriation may be used only as fol- (1) HEARING.—A person who violates any laws providing for the management or regu- lows: prohibition contained in an applicable regu- lation of the activities authorized by the (1) To protect, restore, or repair the pale- lation or permit issued under this Act may aforementioned laws including but not lim- ontological resources and sites which were be assessed a penalty by the Secretary after ited to the Federal Land Policy Management the subject of the action, or to acquire sites the person is given notice and opportunity Act (43 U.S.C. 1701–1784), the Mining in the with equivalent resources, and to protect, for a hearing with respect to the violation. Parks Act, the Surface Mining Control and monitor, and study the resources and sites. Each violation shall be considered a separate Reclamation Act of 1977 (30 U.S.C. 1201–1358), Any acquisition shall be subject to any limi- offense for purposes of this section. and the Organic Administration Act (16 tations contained in the organic legislation (2) AMOUNT OF PENALTY.—The amount of U.S.C. 478, 482, 551); for such Federal lands. such penalty assessed under paragraph (1) (2) invalidate, modify, or impose any addi- (2) To provide educational materials to the shall be determined under regulations pro- tional restrictions or permitting require- public about paleontological resources and mulgated pursuant to this Act, taking into ments on any activities permitted at any sites. account the following factors: time under existing laws and authorities re- (3) To provide for the payment of rewards (A) The scientific or fair market value, lating to reclamation and multiple uses of as provided in section 11. whichever is greater, of the paleontological Federal lands; resource involved, as determined by the Sec- SEC. 9. REWARDS AND FORFEITURE. (3) apply to, or require a permit for, casual (a) REWARDS.—The Secretary may pay retary. collecting of a rock, mineral, or invertebrate from penalties collected under section 9 or (B) The cost of response, restoration, and or plant fossil that is not protected under 10— repair of the resource and the paleontolog- this Act; (1) consistent with amounts established in ical site involved. (4) affect any lands other than Federal regulations by the Secretary; or (C) Any other factors considered relevant lands or affect the lawful recovery, collec- (2) if no such regulation exists, an amount by the Secretary assessing the penalty. tion, or sale of paleontological resources equal to the lesser of one-half of the penalty (3) MULTIPLE OFFENSES.—In the case of a from lands other than Federal lands; or $500, to any person who furnishes informa- second or subsequent violation by the same (5) alter or diminish the authority of a tion which leads to the finding of a civil vio- person, the amount of a penalty assessed Federal agency under any other law to pro- lation, or the conviction of criminal viola- under paragraph (2) may be doubled. vide protection for paleontological resources tion, with respect to which the penalty was (4) LIMITATION.—The amount of any pen- on Federal lands in addition to the protec- paid. If several persons provided the informa- alty assessed under this subsection for any tion provided under this Act; or tion, the amount shall be divided among the one violation shall not exceed an amount (6) create any right, privilege, benefit, or persons. No officer or employee of the United equal to double the cost of response, restora- entitlement for any person who is not an of- States or of any State or local government tion, and repair of resources and paleon- ficer or employee of the United States acting who furnishes information or renders service tological site damage plus double the sci- in that capacity. No person who is not an of- in the performance of his official duties shall entific or fair market value of resources de- ficer or employee of the United States acting be eligible for payment under this sub- stroyed or not recovered. in that capacity shall have standing to file section. (b) PETITION FOR JUDICIAL REVIEW; COLLEC- any civil action in a court of the United (b) FORFEITURE.—All paleontological re- TION OF UNPAID ASSESSMENTS.— States to enforce any provision or amend- sources with respect to which a violation ment made by this Act. (1) JUDICIAL REVIEW.—Any person against under section 9 or 10 occurred and which are SEC. 13. AUTHORIZATION OF APPROPRIATIONS. whom an order is issued assessing a penalty in the possession of any person, and all vehi- There are authorized to be appropriated under subsection (a) may file a petition for cles and equipment of any person that were such sums as may be necessary to carry out judicial review of the order in the United used in connection with the violation, shall this Act. States District Court for the District of Co- be subject to civil forfeiture, or upon convic- lumbia or in the district in which the viola- tion, to criminal forfeiture. All provisions of tion is alleged to have occurred within the law relating to the seizure, forfeiture, and By Mr. AKAKA (for himself and 30-day period beginning on the date the order condemnation of property for a violation of Mr. INOUYE): making the assessment was issued. Upon no- this Act, the disposition of such property or S. 264. A bill to amend the Reclama- tice of such filing, the Secretary shall the proceeds from the sale thereof, and re- tion Wastewater and Groundwater promptly file such a certified copy of the mission or mitigation of such forfeiture, as Study and Facilities Act to authorize record on which the order was issued. The well as the procedural provisions of chapter certain projects in the State of Hawaii; court shall hear the action on the record 46 of title 18, United States Code, shall apply to the Committee on Energy and Nat- made before the Secretary and shall sustain to the seizures and forfeitures incurred or al- the action if it is supported by substantial ural Resources. leged to have incurred under the provisions Mr. AKAKA. Mr. President, I rise evidence on the record considered as a whole. of this Act. (2) FAILURE TO PAY.—If any person fails to (c) TRANSFER OF SEIZED RESOURCES.—The today with the senior Senator from Ha- pay a penalty under this section within 30 Secretary may transfer administration of waii to introduce legislation to author- days— seized paleontological resources to Federal ize three important water reclamation (A) after the order making assessment has or non-Federal educational institutions to be projects in the State of Hawaii. This become final and the person has not filed a used for scientific or educational purposes. legislation, the Hawaii Water Re- petition for judicial review of the order in SEC. 10. CONFIDENTIALITY. sources Act of 2005, is identical to leg- accordance with paragraph (1); or Information concerning the nature and islation considered in the 108th Con- (B) after a court in an action brought in specific location of a paleontological re- paragraph (1) has entered a final judgment source the collection of which requires a per- gress that passed the Senate by unani- upholding the assessment of the penalty, the mit under this Act or under any other provi- mous consent on May 19, 2004. Secretary may request the Attorney General sion of Federal law shall be exempt from dis- Although one usually does not read- to institute a civil action in a district court closure under section 552 of title 5, United ily associate the State of Hawaii as a of the United States for any district in which States Code, and any other law unless the place with drought problems, Hawaii the person if found, resides, or transacts Secretary determines that disclosure has been experiencing drought condi- business, to collect the penalty (plus interest would— tions since 1998. The Hawaii Water Re- at currently prevailing rates from the date (1) further the purposes of this Act; sources Act of 2005 builds upon the Ha- of the final order or the date of the final (2) not create risk of harm to or theft or judgment, as the case may be). The district destruction of the resource or the site con- waii Water Resources Act of 2000 P.L. court shall have jurisdiction to hear and de- taining the resource; and 106–566 that authorized the Bureau of cide any such action. In such action, the va- (3) be in accordance with other applicable Reclamation to survey irrigation and lidity, amount, and appropriateness of such laws. water delivery systems in Hawaii and

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.055 S02PT1 S894 CONGRESSIONAL RECORD — SENATE February 2, 2005 identify new opportunities for reclama- Given the mass trauma events of Sep- There being no objection, the bill was tion and reuse of water and wastewater tember 11, 2001 and our Nation’s re- ordered to be printed in the RECORD, as for agriculture and non-agricultural newed focus on enhancing disaster pre- follows: purposes. While the Act resulted in the paredness, it is critical that the Fed- S. 265 development of the initial Hawaii eral Government increase its commit- Be it enacted by the Senate and House of Rep- Drought Plan in 2000, which was up- ment to strengthening programs gov- resentatives of the United States of America in dated this past year to incorporate erning trauma care system planning Congress assembled, comments and recommendations made and development. SECTION 1. SHORT TITLE. by the Bureau of Reclamation, more The direct and indirect cost of injury This Act may be cited as the ‘‘Trauma needs to be done. is estimated to be about $224 billion a Care Systems Planning and Development Act of 2005’’. Although Hawaii is just beginning to year, according to the Centers for Dis- recover from a multi-year drought, the ease Control and Prevention. The death SEC. 2. FINDINGS. Congress makes the following findings: National Weather Service has indi- rate from unintentional injury is more ˜ (1) The Federal Government and State gov- cated that due to a mild El Nino effect than 50 percent higher in rural areas ernments have established a history of co- in the Pacific Ocean, Hawaii may again than in urban areas. Only one fourth of operation in the development, implementa- experience another period of drought. the U.S. population lives in an area tion, and monitoring of integrated, com- It is imperative for Hawaii to improve served by a trauma care system. Stud- prehensive systems for the provision of its ways to reduce consumption of ies of conventional trauma care show emergency medical services. drinking water. The legislation that I that as many as 35 percent of trauma (2) Trauma is the leading cause of death of am introducing today, the Hawaii patient deaths could have been pre- Americans between the ages of 1 and 44 years Water Resources Act of 2005, will help and is the third leading cause of death in the vented if optimal acute care had been general population of the United States. the State of Hawaii to be proactive by available. It is essential that all Amer- (3) In 1995, the total direct and indirect authorizing projects that will address icans have access to a trauma system cost of traumatic injury in the United States the demand on our freshwater supply, that provides needed care as quickly as was estimated at $260,000,000,000. especially on the islands of Oahu, possible. (4) There are 40,000 fatalities and 5,000,000 Maui, and Hawaii. Since 1990, Congress has sought to nonfatal injuries each year from motor vehi- The legislation authorizes three improve care through the Trauma Care cle-related trauma, resulting in an aggregate projects. The first project, in Honolulu, annual cost of $230,000,000,000 in medical ex- Systems Planning and Development penses, insurance, lost wages, and property will provide reliable potable water Act. This Act provides grants for plan- through resource diversification to damage. ning, implementing, and developing (5) Barriers to the receipt of prompt and meet existing and future demands, par- statewide trauma care systems. This appropriate emergency medical services ticularly in the Ewa area of Oahu critical program must be reauthorized. exist in many areas of the United States. where water demands are outpacing Therefore, I am introducing bipartisan (6) The number of deaths from trauma can the availability of drinking water. The legislation today, along with Senators be reduced by improving the systems for the provision of emergency medical services in second project, in North Kona, will ad- KENNEDY, ROBERTS, JEFFORDS, TALENT, dress the issue of effluent being dis- the United States. CLINTON, and MURRAY to reauthorize (7) Trauma care systems are an important charged into a temporary disposal this program. sump from the Kealakehe Wastewater part of the emergency preparedness system Despite our past investments, one needed for homeland defense. Treatment Plant. The project would half of the States in the country are SEC. 3. AMENDMENTS. utilize subsurface wetlands to natu- still without a statewide trauma care (a) ESTABLISHMENT.—Section 1201 of the rally clean the effluent and convey the system. Clearly we can do better. We Public Health Service Act (42 U.S.C. 300d) is recycled water to a number of users. must respond to the goals put forth by amended— The third project, in Lahaina, will re- the Institute of Medicine in 1999—that (1) in subsection (a)— duce the use of potable water by ex- Congress ‘‘support a greater national (A) in the matter preceding paragraph (1), tending the County of Maui’s main re- by inserting ‘‘, acting through the Adminis- commitment to, and support of, trau- trator of the Health Resources and Services cycled water pipeline. ma care systems at the federal, state, The Hawaii Water Resources Act of Administration,’’ after ‘‘Secretary’’; and local levels.’’ (B) by redesignating paragraphs (3) and (4) 2005 will begin the next phase of ensur- The ‘‘Trauma Care Systems Planning as paragraphs (4) and (5), respectively; ing that the State of Hawaii will con- and Development Act of 2005’’, reau- (C) by inserting after paragraph (2) the fol- tinue to have a supply of fresh drinking thorizes this program with several im- lowing: water. It is vitally important for the provements: first, it improves the col- ‘‘(3) collect, compile, and disseminate in- State to begin working on these water formation on the achievements of, and prob- lection and analysis of trauma patient reclamation projects and I urge my lems experienced by, State and local agen- data with the goal of improving the colleagues to support this legislation cies and private entities in providing trauma overall system of care for these pa- which is important to communities in care and emergency medical services and, in tients; second, the bill reduces the so doing, give special consideration to the Hawaii. amount of matching funds that states unique needs of rural areas;’’; will have to provide to participate in (D) in paragraph (4), as redesignated by By Mr. FRIST (for himself, Mr. subparagraph (B)— KENNEDY, Mr. ROBERTS, Mr. the program so that we can extend quality trauma care systems across the (i) by inserting ‘‘to enhance each State’s JEFFORDS, Mr. TALENT, Mrs. capability to develop, implement, and sus- MURRAY, and Mrs. CLINTON): nation; third, the legislation provides a tain the trauma care component of each S. 265. A bill to amend the Public self-evaluation mechanism to assist State’s plan for the provision of emergency Health Service Act to add require- states in assessing and improving their medical services’’ after ‘‘assistance’’; and ments regarding trauma care, and for trauma care systems; fourth, it author- (ii) by striking ‘‘and’’ after the semicolon; other purposes; to the Committee on izes the Institute of Medicine to study (E) in paragraph (5), as redesignated by Health, Education, Labor, and Pen- the state of trauma care and trauma subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and sions. research; and finally, it doubles the funding available for this program to (F) by adding at the end the following: Mr. FRIST. Mr. President, each year, ‘‘(6) promote the collection and categoriza- nearly 1 of every 10 Americans is in- allow additional states to participate. tion of trauma data in a consistent and jured and requires medical attention. I appreciate the support of my co- standardized manner.’’; Injuries are the fifth leading cause of sponsors. I look forward to working (2) in subsection (b), by inserting ‘‘, acting death in the United States. Trauma with them, and with Senator ENZI, the through the Administrator of the Health Re- kills more people between the ages of Chairman of the Senate Health, Edu- sources and Services Administration,’’ after one and 44 than any other disease or cation, Labor, and Pensions Com- ‘‘Secretary’’; and mittee, to see this bill passed this year. (3) by striking subsection (c). illness. (b) CLEARINGHOUSE ON TRAUMA CARE AND While injury prevention programs I ask unanimous consent that the EMERGENCY MEDICAL SERVICES.—The Public have greatly reduced death and dis- text of the bill be printed in the Health Service Act (42 U.S.C. 201 et seq.) is ability, severe injuries will continue. RECORD. amended—

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.056 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S895 (1) by striking section 1202; and (i) in subparagraph (A), by striking ‘‘con- vent or hinder the effectiveness of trauma (2) by redesignating section 1203 as section cerning such’’ and inserting ‘‘that outline re- systems and trauma systems development; 1202. sources for optimal care of the injured pa- ‘‘(4) examine and evaluate alternative (c) ESTABLISHMENT OF PROGRAMS FOR IM- tient’’; and strategies for the organization, financing, PROVING TRAUMA CARE IN RURAL AREAS.— (ii) in subparagraph (D), by striking ‘‘1992’’ and delivery of trauma care within an over- Section 1202(a) of the Public Health Service and inserting ‘‘2005’’; and all systems approach; and Act, as such section was redesignated by sub- (B) in paragraph (3)— ‘‘(5) examine and evaluate the role of trau- section (b), is amended— (i) in subparagraph (A), by striking ‘‘1991’’ ma systems and trauma centers in prepared- (1) in paragraph (2), in the matter pre- and inserting ‘‘2005’’; and ness for mass casualties. ceding subparagraph (A), by inserting ‘‘, such (ii) in subparagraph (B), by striking ‘‘1992’’ ‘‘(c) REPORT.—Not later than 2 years after as advanced trauma life support,’’ after and inserting ‘‘2005’’; and the date of enactment of this section, the ‘‘model curricula’’; (3) in subsection (c), by striking ‘‘1990, the Secretary shall submit to the appropriate (2) in paragraph (4), by striking ‘‘and’’ Secretary shall develop a model plan’’ and committees of Congress a report containing after the semicolon; inserting ‘‘2005, the Secretary shall update the results of the study conducted under this (3) in paragraph (5), by striking the period the model plan’’. section. and inserting ‘‘; and’’; and (f) REQUIREMENT OF SUBMISSION TO SEC- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (4) by adding at the end the following: RETARY OF TRAUMA PLAN AND CERTAIN INFOR- There is authorized to be appropriated to carry out this section $750,000 for each of fis- ‘‘(6) by increasing communication and co- MATION.—Section 1214(a) of the Public Health cal years 2005 and 2006.’’. ordination with State trauma systems.’’. Service Act (42 U.S.C. 300d–14(a)) is amend- ed— (m) RESIDENCY TRAINING PROGRAMS IN (d) REQUIREMENT OF MATCHING FUNDS FOR EMERGENCY MEDICINE.—Section 1251(c) of the FISCAL YEARS SUBSEQUENT TO FIRST FISCAL (1) in paragraph (1)— (A) by striking ‘‘1991’’ and inserting ‘‘2005’’; Public Health Service Act (42 U.S.C. 300d– YEAR OF PAYMENTS.—Section 1212 of the Pub- 51(c)) is amended by striking ‘‘1993 through and lic Health Service Act (42 U.S.C. 300d–12) is 1995’’ and inserting ‘‘2005 through 2009’’. (B) by inserting ‘‘that includes changes amended— (n) STATE GRANTS FOR PROJECTS REGARD- and improvements made and plans to address (1) in subsection (a)(1)— ING TRAUMATIC BRAIN INJURY.—Section 1252 (A) in subparagraph (A), by striking ‘‘and’’ deficiencies identified’’ after ‘‘medical serv- of the Public Health Service Act (42 U.S.C. after the semicolon; and ices’’; and 300d–52) is amended in the section heading by (2) in paragraph (2), by striking ‘‘1991’’ and (B) by striking subparagraph (B) and in- striking ‘‘DEMONSTRATION’’. serting the following: inserting ‘‘2005’’. (o) INTERAGENCY PROGRAM FOR TRAUMA RE- ‘‘(B) for the third fiscal year of such pay- (g) RESTRICTIONS ON USE OF PAYMENTS.— SEARCH.—Section 1261 of the Public Health ments to the State, not less than $1 for each Section 1215(a)(1) of the Public Health Serv- Service Act (42 U.S.C. 300d–61) is amended— $1 of Federal funds provided in such pay- ice Act (42 U.S.C. 300d–15(a)(1)) is amended by (1) in subsection (a), by striking ‘‘con- ments for such fiscal year; striking the period at the end and inserting ducting basic’’ and all that follows through ‘‘(C) for the fourth fiscal year of such pay- a semicolon. the period at the end of the second sentence ments to the State, not less than $2 for each (h) REQUIREMENTS OF REPORTS BY and inserting ‘‘basic and clinical research on $1 of Federal funds provided in such pay- STATES.—The Public Health Service Act (42 trauma (in this section referred to as the ments for such fiscal year; and U.S.C. 201 et seq.) is amended by striking ‘Program’), including the prevention, diag- ‘‘(D) for the fifth fiscal year of such pay- section 1216 and inserting the following: nosis, treatment, and rehabilitation of trau- ments to the State, not less than $2 for each ‘‘SEC. 1216. [RESERVED].’’. ma-related injuries.’’; $1 of Federal funds provided in such pay- (i) REPORT BY THE SECRETARY.—Section (2) by striking subsection (b) and inserting ments for such fiscal year.’’; and 1222 of the Public Health Service Act (42 the following: (2) in subsection (b)— U.S.C. 300d–22) is amended by striking ‘‘1995’’ ‘‘(b) PLAN FOR PROGRAM.—The Director (A) in paragraph (1), by adding ‘‘and’’ after and inserting ‘‘2007’’. shall establish and implement a plan for car- the semicolon; (j) FUNDING.—Section 1232(a) of the Public rying out the activities of the Program, tak- (B) in paragraph (2), by striking ‘‘; and’’ Health Service Act (42 U.S.C. 300d–32(a)) is ing into consideration the recommendations and inserting a period; and amended to read as follows: contained within the report of the NIH Trau- (C) by striking paragraph (3). ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ma Research Task Force. The plan shall be For the purpose of carrying out parts A and (e) REQUIREMENTS WITH RESPECT TO CAR- periodically reviewed, and revised as appro- B, there are authorized to be appropriated RYING OUT PURPOSE OF ALLOTMENTS.—Sec- priate.’’; tion 1213 of the Public Health Service Act (42 $12,000,000 for fiscal year 2005, and such sums (3) in subsection (d)— U.S.C. 300d–13) is amended— as may be necessary for each of the fiscal (A) in paragraph (4)(B), by striking ‘‘acute (1) in subsection (a)— years 2006 through 2009.’’. head injury’’ and inserting ‘‘traumatic brain (k) CONFORMING AMENDMENT.—Section (A) in paragraph (3), in the matter pre- injury’’; and 1232(b)(2) of the Public Health Service Act (42 ceding subparagraph (A), by inserting ‘‘na- (B) in subparagraph (D), by striking U.S.C. 300d–32(b)(2)) is amended by striking tionally recognized’’ after ‘‘contains’’; ‘‘head’’ and inserting ‘‘traumatic’’; ‘‘1204’’ and inserting ‘‘1202’’. (B) in paragraph (5), by inserting ‘‘nation- (4) by striking subsection (g); (l) INSTITUTE OF MEDICINE STUDY.—Part E ally recognized’’ after ‘‘contains’’; (5) by redesignating subsections (h) and (i) of title XII of the Public Health Service Act (C) in paragraph (6), by striking ‘‘specifies as subsections (g) and (h), respectively; and (20 U.S.C. 300d–51 et seq.) is amended— procedures for the evaluation of designated’’ (6) in subsection (h), as redesignated by (1) by striking the part heading and insert- and inserting ‘‘utilizes a program with proce- paragraph (5), by striking ‘‘2001 through ing the following: dures for the evaluation of’’; 2005’’ and inserting ‘‘2005 through 2009’’. (D) in paragraph (7)— ‘‘PART E—MISCELLANEOUS PROGRAMS’’; (i) in the matter preceding subparagraph and By Mr. LAUTENBERG (for him- (A), by inserting ‘‘in accordance with data (2) by adding at the end the following: self, Mr. KENNEDY, Mr. DURBIN, collection requirements developed in con- ‘‘SEC. 1254. INSTITUTE OF MEDICINE STUDY. Mr. CORZINE, Mrs. CLINTON, Mr. sultation with surgical, medical, and nursing ‘‘(a) IN GENERAL.—The Secretary shall DORGAN, Mrs. MURRAY, Mr. specialty groups, State and local emergency enter into a contract with the Institute of JOHNSON, Mr. REED, Mr. medical services directors, and other trained Medicine of the National Academy of LIEBERMAN, and Mr. LEAHY): professionals in trauma care’’ after ‘‘collec- Sciences, or another appropriate entity, to S. 266. A bill to stop taxpayer funded tion of data’’; conduct a study on the state of trauma care Government propaganda; to the Com- (ii) in subparagraph (A), by inserting ‘‘and and trauma research. mittee on the Judiciary. the number of deaths from trauma’’ after ‘‘(b) CONTENT.—The study conducted under ‘‘trauma patients’’; and subsection (a) shall— Mr. LAUTENBERG. Mr. President, I (iii) in subparagraph (F), by inserting ‘‘and ‘‘(1) examine and evaluate the state of rise to introduce legislation to put an the outcomes of such patients’’ after ‘‘for trauma care and trauma systems research end to the spate of propaganda we are such transfer’’; (including the role of Federal entities in seeing across our government. In my (E) by redesignating paragraphs (10) and trauma research) on the date of enactment view, it is a practice that is incon- (11) as paragraphs (11) and (12), respectively; of this section, and identify trauma research sistent with democracy, and we have to and priorities; put a stop to it. (F) by inserting after paragraph (9) the fol- ‘‘(2) examine and evaluate the clinical ef- That is why Senator KENNEDY and I lowing: fectiveness of trauma care and the impact of have drafted the ‘‘Stop Government ‘‘(10) coordinates planning for trauma sys- trauma care on patient outcomes, with spe- tems with State disaster emergency plan- cial attention to high-risk groups, such as Propaganda Act’’ which we are intro- ning and bioterrorism hospital preparedness children, the elderly, and individuals in rural ducing today, along with our cospon- planning;’’; areas; sors, Senators DURBIN, CORZINE, CLIN- (2) in subsection (b)— ‘‘(3) examine and evaluate trauma systems TON, DORGAN, MURRAY, JOHNSON, JACK (A) in paragraph (1)— development and identify obstacles that pre- REED, LIEBERMAN and LEAHY.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.058 S02PT1 S896 CONGRESSIONAL RECORD — SENATE February 2, 2005 Our bill will shut down the Adminis- Our bill calls for the Justice Depart- violated the publicity and propaganda prohi- tration’s propaganda mill once and for ment to pursue these violations. But in bitions by distributing fake television news all. cases where DOJ fails to act, our bill stories to broadcast stations from 2002 to Propaganda had its place in authorizes citizen lawsuits to enforce 2004. (4) In 2003, the Department of Education Saddam’s Iraq. Propaganda was a sta- the law. violated publicity and propaganda prohibi- ple of the old Soviet Union. But covert And we also give added power to the tions by using of taxpayer funds to create government propaganda has no place in GAO. Right now, the Administration fake television news stories promoting the the United States Government. ignores the GAO’s legal decisions. But ‘‘No Child Left Behind’’ program violated the In the last few weeks, we have seen our bill will make it downright painful propaganda prohibition. revelations that a number of conserv- for the Administration to ignore the (5) An analysis of individual journalists, ative columnists are actually on the GAO. paid for by the Department of Education in When the GAO finds that taxpayer 2003, which ranked reporters on how positive Bush Administration’s payroll to push their articles portrayed the Administration the President’s agenda. funds are misspent for propaganda pur- and the Republican Party, constituted a Armstrong Williams was paid to im- poses, and the agency fails to follow gross violation of the law prohibiting propa- prove the image of President Bush’s the GAO’s ordered actions, our bill ganda and the use of taxpayer funds for par- education programs, and the col- would call for the head of that agency’s tisan purposes. umnists Maggie Gallagher and Mike salary to be withheld. (6) The payment of taxpayer funds to jour- McManus were paid to promote the Our bill establishes a point of order nalist Armstrong Williams in 2003 to pro- President’s ‘‘marriage initiative.’’ against any appropriations bill that mote Administration education policies vio- lated the ban on covert propaganda. Some have called it the ‘‘pundit pay- fails to enforce the salary reduction. Last week, President Bush said he (7) The payment of taxpayer funds to jour- ola’’ scandal. But this scandal goes nalist Maggie Gallagher in 2002 to promote well beyond these particular payments agrees that it is wrong to pay journal- Administration welfare and family policies to journalists. ists and that the practice must stop. violated the ban on covert propaganda. In fact, these secret payments are But at the same time, the Bush Admin- (8) Payment for and construction of 8 little only the latest in a series of covert istration continues to ignore GAO’s red schoolhouse facades at the entranceways propaganda activities conducted by rulings on their propaganda violations. to the Department of Education head- And while the attention was on Arm- quarters in Washington, DC to boost the this Administration. image of the ‘‘No Child Left Behind’’ pro- Last year, we discovered that the Ad- strong Williams, the Administration has been ramping up propaganda ef- gram was an inappropriate use of taxpayer ministration was paying a public rela- dollars. tions firm to creat fake television news forts at the Social Security Adminis- (9) Messages inserted into Social Security stories. These fake news stories tout- tration. In fact, last week, the Demo- Administration materials in 2004 and 2005 in- ing the new Medicare law made their cratic Policy Committee heard testi- tended to further grassroots lobbying efforts way onto local news shows on forty tel- mony from two Social Security em- in favor of President Bush’s Social Security evision stations across the country. ployees who revealed how they are privatization plan is an inappropriate use of being forced to push the White House taxpayer funds. These fake news stories even featured (10) The Department of Health and Human a fake reporter—Karen Ryan ‘‘report- agenda on the public. Rather than concentrate on getting Services ignored the Government Account- ing from Washington.’’ While Karen ability Office’s legal decision of May 19, 2004, Ryan does exist, she’s not a reporter. benefits out or servicing people on So- and failed to follow the GAO’s directive to She is a public relations consultant cial Security, the White House is using report its Anti-Deficiency Act violation to based here in Washington. SSA employees to spread its false prop- Congress and the President, as provided by Worse, the viewers who watched aganda message of a ‘‘crisis’’ in Social section 1351 of title 31, United States Code. these fake news stories thought they Security. (11) Despite numerous violations of the That is why we must act now to put propaganda law, the Department of Justice were hearing real news. But what they has not acted to enforce the law or follow were watching was Government-pro- a stop to all of these practices. I urge my colleagues to support our bill, the the requirements of the Anti-Deficiency Act. duced propaganda. (12) In order to protect taxpayer funds, The Government Accountability Of- Stop Government Propaganda Act. stronger measures must be enacted into law fice investigated the legality of these As we seek to establish democracy in to require actual enforcement of the ban on fake news stories and came back with a Iraq, let’s first remove this taint from the use of taxpayer funds for propaganda clear decision: it was illegal propa- our own democracy. purposes. I ask unanimous consent that the ganda. The GAO also said that the Ad- SEC. 3. DEFINITION. text of the bill be printed in the In this Act, the term ‘‘publicity’’ or ‘‘prop- ministration must officially report the RECORD. aganda’’ includes— misspent funds to Congress. There being no objection, the bill was (1) a news release or other publication that But the Bush Administration simply ordered to be printed in the RECORD, as does not clearly identify the Government ignored GAO’s legal ruling. The Admin- follows: agency directly or indirectly (through a con- istration said that because of the sepa- tractor) financially responsible for the mes- S. 266 ration of powers, the GAO can’t tell sage; Be it enacted by the Senate and House of Rep- them what to do. (2) any audio or visual presentation that resentatives of the United States of America in does not continuously and clearly identify So, in other words, the Administra- Congress assembled, the Government agency directly or indi- tion has said that they will ignore the SECTION 1. SHORT TITLE. rectly financially responsible for the mes- current law on the books. That is why This Act may be cited as the ‘‘Stop Gov- sage; we are introducing new legislation ernment Propaganda Act’’. (3) an Internet message that does not con- today that will put real teeth in the SEC. 2. FINDINGS. tinuously and clearly identify the Govern- anti-propaganda law. Congress makes the following findings: ment agency directly or indirectly finan- Our bill, the Stop Government Propa- (1) Since 1951, the following prohibition on cially responsible for the message; ganda Act, does two major things: the use of appropriated funds for propaganda (4) any attempt to manipulate the news purposes has been enacted annually: ‘‘No media by payment to any journalist, re- First, it makes the Anti-Propaganda part of any appropriation contained in this porter, columnist, commentator, editor, or law permanent. or any other Act shall be used for publicity news organization; Right now, the anti-propaganda law or propaganda purposes within the United (5) any message designed to aid a political is passed year to year as a ‘‘rider’’ in States not heretofore authorized by Con- party or candidate; our appropriations bills. Making the gress.’’. (6) any message with the purpose of self-ag- law permanent will show that we are (2) On May 19, 2004, the Government Ac- grandizement or puffery of the Administra- serious about it and want it obeyed. countability Office (GAO) ruled that the De- tion, agency, Executive branch programs or Also, our bill has real consequences partment of Health and Human Services vio- policies, or pending congressional legisla- for violations by the Administration. lated the publicity and propaganda prohibi- tion; tions by creating fake television new stories (7) a message of a nature tending to em- The current law is enforced by GAO, for distribution to broadcast stations across phasize the importance of the agency or its and the Administration is obviously ig- the country. activities; noring their rulings. That has to (3) On January 4, 2005, the GAO ruled that (8) a message that is so misleading or inac- change. the Office of National drug Control Policy curate that it constitutes propaganda; and

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.059 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S897 (9) the preparation, distribution, or use of tions of the person initiating the action if appropriate court of the United States, if all any kit, pamphlet, booklet, publication, the person has been notified by the Govern- time for filing such an appeal with respect to radio, television, or video presentation de- ment of the filing of the motion and the the finding or conclusion has expired, or if signed to support or defeat legislation pend- court has provided the person with an oppor- the finding or conclusion is not subject to ju- ing before Congress or any State legislature, tunity for a hearing on the motion. dicial review. except in presentation to Congress or any (B) SETTLEMENT.—The Government may (e) AWARD TO PRIVATE PLAINTIFF.— State legislature itself. settle the action with the defendant notwith- (1) GOVERNMENT ACTION.—If the Govern- SEC. 4. PROHIBITION ON PUBLICITY OR PROPA- standing the objections of the person initi- ment proceeds with an action brought by a GANDA AND ENFORCEMENT. ating the action if the court determines, person under subsection (c), such person (a) IN GENERAL.—The senior official of an after a hearing, that the proposed settlement shall, subject to the second sentence of this Executive branch agency who authorizes or is fair, adequate, and reasonable under all paragraph, receive at least 15 percent but not directs funds appropriated to such Executive the circumstances. Upon a showing of good more than 25 percent of the proceeds of the branch agency for publicity or propaganda cause, such hearing may be held in camera. action or settlement of the claim, depending purposes within the United States, unless (C) PROCEEDINGS.—Upon a showing by the upon the extent to which the person substan- authorized by law, is liable to the United Government that unrestricted participation tially contributed to the prosecution of the States Government for a civil penalty of not during the course of the litigation by the action. less than $5,000 and not more than $10,000, person initiating the action would interfere (2) NO GOVERNMENT ACTION.—If the Govern- plus 3 times the amount of funds appro- with or unduly delay the Government’s pros- ment does not proceed with an action under priated. ecution of the case, or would be repetitious, this section, the person bringing the action (b) RESPONSIBILITIES OF THE ATTORNEY irrelevant, or for purposes of harassment, or settling the claim shall receive an amount GENERAL.—The Attorney General diligently the court may, in its discretion, impose limi- which the court decides is reasonable for col- shall investigate a violation of subsection tations on the person’s participation, such lecting the civil penalty and damages. The (a). If the Attorney General finds that a per- as— amount shall be not less than 25 percent and son has violated or is violating subsection (i) limiting the number of witnesses the not more than 30 percent of the proceeds of (a), the Attorney General may bring a civil person may call; the action or settlement and shall be paid action under this section against the person. (ii) limiting the length of the testimony of out of such proceeds. Such person shall also (c) ACTIONS BY PRIVATE PERSONS.— such witnesses; receive an amount for reasonable expenses (1) IN GENERAL.—A person may bring a civil (iii) limiting the person’s cross-examina- action for a violation of subsection (a) for which the court finds to have been nec- tion of witnesses; or essarily incurred, plus reasonable attorneys’ the person and for the United States Govern- (iv) otherwise limiting the participation by ment. The action shall be brought in the fees and costs. All such expenses, fees, and the person in the litigation. costs shall be awarded against the defendant. name of the Government. The action may be (D) LIMIT PARTICIPATION.—Upon a showing dismissed only if the court and the Attorney (3) FRIVOLOUS CLAIM.—If the Government by the defendant that unrestricted participa- does not proceed with the action and the per- General give written consent to the dis- tion during the course of the litigation by missal and their reasons for consenting. son bringing the action conducts the action, the person initiating the action would be for the court may award to the defendant its (2) NOTICE.—A copy of the complaint and purposes of harassment or would cause the reasonable attorneys’ fees and expenses if written disclosure of substantially all mate- defendant undue burden or unnecessary ex- rial evidence and information the person pos- the defendant prevails in the action and the pense, the court may limit the participation court finds that the claim of the person sesses shall be served on the Government by the person in the litigation. bringing the action was clearly frivolous, pursuant to Rule 4(d)(4) of the Federal Rules (3) ACTION BY PERSON.—If the Government clearly vexatious, or brought primarily for of Civil Procedure. The complaint shall be elects not to proceed with the action, the purposes of harassment. filed in camera, shall remain under seal for person who initiated the action shall have (f) GOVERNMENT NOT LIABLE FOR CERTAIN at least 60 days, and shall not be served on the right to conduct the action. If the Gov- EXPENSES.—The Government is not liable for the defendant until the court so orders. The ernment so requests, it shall be served with expenses which a person incurs in bringing Government may elect to intervene and pro- copies of all pleadings filed in the action and an action under this section. ceed with the action within 60 days after it shall be supplied with copies of all deposition (g) FEES AND EXPENSES TO PREVAILING DE- receives both the complaint and the material transcripts (at the Government’s expense). FENDANT.—In civil actions brought under evidence and information. When a person proceeds with the action, the this section by the United States, the provi- (3) DELAY OF NOTICE.—The Government court, without limiting the status and rights sions of section 2412 (d) of title 28 shall may, for good cause shown, move the court of the person initiating the action, may nev- apply. for extensions of the time during which the ertheless permit the Government to inter- (h) WHISTLEBLOWER PROTECTION.— complaint remains under seal under para- vene at a later date upon a showing of good (1) IN GENERAL.—Any employee who is dis- graph (2). Any such motions may be sup- cause. charged, demoted, suspended, threatened, ported by affidavits or other submissions in (4) INTERFERENCE.—Whether or not the harassed, or in any other manner discrimi- camera. The defendant shall not be required Government proceeds with the action, upon nated against in the terms and conditions of to respond to any complaint filed under this a showing by the Government that certain employment by his or her employer because section until 20 days after the complaint is actions of discovery by the person initiating of lawful acts done by the employee on be- unsealed and served upon the defendant pur- the action would interfere with the Govern- half of the employee or others in furtherance suant to Rule 4 of the Federal Rules of Civil ment’s investigation or prosecution of a of an action under this section, including in- Procedure. criminal or civil matter arising out of the vestigation for, initiation of, testimony for, (4) GOVERNMENT ACTION.—Before the expi- same facts, the court may stay such dis- or assistance in an action filed or to be filed ration of the 60-day period or any extensions covery for a period of not more than 60 days. under this section, shall be entitled to all re- obtained under paragraph (3), the Govern- Such a showing shall be conducted in cam- lief necessary to make the employee whole. ment shall— era. The court may extend the 60-day period (2) RELIEF.—Relief under this subsection (A) proceed with the action, in which case upon a further showing in camera that the shall include reinstatement with the same the action shall be conducted by the Govern- Government has pursued the criminal or seniority status such employee would have ment; or civil investigation or proceedings with rea- had but for the discrimination, 2 times the (B) notify the court that it declines to take sonable diligence and any proposed discovery amount of back pay, interest on the back over the action, in which case the person in the civil action will interfere with the on- pay, and compensation for any special dam- bringing the action shall have the right to going criminal or civil investigation or pro- ages sustained as a result of the discrimina- conduct the action. ceedings. tion, including litigation costs and reason- (5) LIMITED INTERVENTION.—When a person (5) GOVERNMENT ACTION.—Notwithstanding able attorneys’ fees. An employee may bring brings an action under this subsection, no subsection (b), the Government may elect to an action in the appropriate district court of person other than the Government may in- pursue its claim through any alternate rem- the United States for the relief provided in tervene or bring a related action based on edy available to the Government, including this subsection. the facts underlying the pending action. any administrative proceeding to determine (d) RIGHTS OF THE PARTIES.— a civil money penalty. If any such alternate SEC. 5. JUDICIAL NOTICE. (1) GOVERNMENT ACTION.—If the Govern- remedy is pursued in another proceeding, the The courts of the United States shall take ment proceeds with the action, it shall have person initiating the action shall have the cognizance and notice of any legal decision the primary responsibility for prosecuting same rights in such proceeding as such per- of the Government Accountability Office in- the action, and shall not be bound by an act son would have had if the action had contin- terpreting the application of this Act. of the person bringing the action. Such per- ued under this section. Any finding of fact or SEC. 6. POINT OF ORDER. son shall have the right to continue as a conclusion of law made in such other pro- (a) IN GENERAL.— party to the action, subject to the limita- ceeding that has become final shall be con- (1) REDUCTION OF SALARY.—It shall not be tions set forth in paragraph (2). clusive on all parties to an action under this in order in the House of Representatives or (2) LIMITATIONS.— section. For purposes of the preceding sen- the Senate to consider a bill, amendment, or (A) DISMISSAL.—The Government may dis- tence, a finding or conclusion is final if it resolution providing an appropriation for an miss the action notwithstanding the objec- has been finally determined on appeal to the agency that the Government Accountability

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.061 S02PT1 S898 CONGRESSIONAL RECORD — SENATE February 2, 2005 Office has found in violation of this Act un- leases, video news releases, and inter- multiple-use manner in perpetuity, and less the appropriations for salary and ex- net messages that do not clearly iden- that they would provide revenues for penses for the head of the relevant agency tify the government as financially re- local counties and the Federal treasury contains a provision reducing the salary of sponsible for the information. in perpetuity as well. And, from 1908 the head by an amount equal to the illegal expenditure identified by the Government It will enforce these prohibitions by until about 1993, this revenue sharing Accountability Office. If the illegal expendi- creating a mechanism to dock the pay mechanism worked extremely well. ture exceeds the annual salary of the agency of any Cabinet Secretary or agency However, from 1986 to the present, we head, then the point of order shall continue head responsible, and by authorizing have, for a variety of reasons, reduced until the remaining amount is subtracted private citizens to bring a court action our sustained active multiple-use man- from the salary of the agency head. to recover taxpayer funds. agement of the National Forests and (2) COMPLIANCE.—Paragraph (1) shall not Propaganda by the Department of the revenues have declined precipi- apply if the agency is complying with the de- Health and Human Services, the De- tously. Most counties have seen a de- cision of the Government Accountability Of- fice. partment of Education, and the Office cline of more than 85 percent in actual (b) SUPERMAJORITY WAIVER AND APPEAL.— of Drug Control and Policy has to stop revenues generated on our National This section may be waived or suspended in now, before the infection spreads. We Forests and therefore an 85 percent re- the Senate only by an affirmative vote of 3⁄5 cannot sit still in Congress while the duction in 25 percent payments to of the Members, duly chosen and sworn. An administration corrupts the first counties which are used to help fund affirmative vote of 3⁄5 of the Members of the amendment and freedom of the press. schools and county road departments. Senate, duly chosen and sworn, shall be re- And more important, they have seen quired in the Senate to sustain an appeal of By Mr. CRAIG (for himself, Mr. a 60-percent reduction in the economic the ruling of the Chair on a point of order WYDEN, and Mrs. FEINSTEIN): raised under this section. activity that the federal timber sale S. 267. A bill to reauthorize the Se- programs generated in these counties. Mr. KENNEDY. Mr. President, we cure Rural Schools and Community have to stop right now all the tax- The Forest Service in its 1997 TSPIRS Self-Determination Act of 2000, and for report estimates the total economic payer-financed propaganda put out by other purposes; to the Committee on our government to influence the Amer- activity in these rural counties to be Energy and Natural Resources. more than $2.1 billion, compared to ican people. We need to expedite the in- Mr. CRAIG. Mr. President, I rise more than $5.5 billion as recently as vestigations, begin congressional hear- today to join my colleagues and 1991. ings, and pass specific new legislation friends, Senator WYDEN of Oregon and In 2000, Congress passed the Secure to prevent the administration from Senator FEINSTEIN of California, to re- using persons paid to pose as legiti- authorize a law that has stabilized pay- Rural Schools and Community Self De- mate journalists to push for the Bush ments to rural forest counties and, termination Act to address the needs of political agenda. more important, has brought commu- the National Forest counties and to Last week, we found out, according nities together to accomplish projects focus on creating a new cooperative to the Washington Post, that another on the ground that improve watersheds partnership between citizens in forest commentator, Maggie Gallagher, was and enhance habitat. counties and our Federal land manage- paid $21,500 by the Department of It should be remembered that the Na- ment agencies to develop forest health Health and Human Services to promote tional Forest System was formed in improvement projects on public lands the Bush administration’s marriage 1905 from the Forest Reserves, which and simultaneously stimulate job de- agenda—a fact she didn’t disclose to were established between 1891 and 1905 velopment and community economic her readers while writing on the issue. by Presidential proclamation. During stability. As most of us now know, thanks to that time, 153 million acres of This Act restored the 1908 compact USA Today, the outgoing leadership of forestlands were set aside in Forest Re- between the people of rural America the Education Department secretly, serves and removed from future settle- and the Federal Government, and it and still unapologetically, paid $241,000 ment and economic development. This has been an enormous success in to commentator Armstrong Williams imposed great hardships on those coun- achieving and even surpassing the to influence his broadcasts. Mr. Wil- ties that were in and adjacent to these goals of Congress. liams was paid to comment favorably new reserves. In many cases, 65 to 90 This is a remarkable success story on the President’s No Child Left Be- percent of the land in a county was se- for rural forest communities. These hind Act education reform plan, to con- questered in the new forest reserves, funds have restored and sustained es- duct phony ‘‘interviews’’ with adminis- leaving little land for economic devel- sential infrastructure such as county tration officials, and to encourage his opment and diminishing the potential schools and county roads through title colleagues in the media to do the same. tax base to support essential commu- I. Essential forest improvement The Gallagher and Williams pay- nity infrastructure such as roads and projects have been completed through ments were part of a multimillion dol- schools. There was considerable opposi- title II projects funded by forest coun- lar, taxpayer-funded public relations tion in the forest counties to estab- ties, and planned by diverse stake- scheme to influence and undermine lishing these reserves. holder resource advisory committees. America’s free press. Journalists were In 1908, in response to the mounting In Idaho, resource advisory committees ranked on the favorability of their opposition to the reserves in the West, are partnering with the Forest Service news coverage of President Bush on Congress passed a bill which created a and other organizations to fight the education. Phony video reports and revenue sharing mechanism to offset spread of weeds on the Nez Perce Na- interviews about the President’s Medi- for forest counties the effects of remov- tional Forest, make road improve- care prescription drug law were broad- ing these lands from economic develop- ments in Hells Canyon National Recre- cast as independent news on local tele- ment. The 1908 act specified that 10 ation Area, and repair culverts and im- vision. percent of all revenues generated from prove fish habitat on the Caribou- All parties agree that this type of se- the multiple-use management of our Targhee National Forest. cret government paid journalism is National Forests would be shared with These groups are reducing manage- wrong. Yet Ms. Gallagher and Mr. Wil- the counties to support public roads ment gridlock and building collabo- liams continue to retain their $21,500 and public schools. Several years later rative public lands decisionmaking ca- and $241,000 bribes. that percentage was increased to 25 pacity in counties across America. I am pleased to join Senator LAUTEN- percent. People in our forest counties These resource advisory committees BERG, who has been our leader on this refer to this as the ‘‘Compact with the are a real and working compact be- issue, in introducing legislation to per- People of Rural Counties’’ which was tween the Federal land management manently prohibit the use of taxpayer part of the foundation for establishing agencies and rural communities that funds for the type of manipulative pay- our National Forest System. includes all interest groups; they rep- ments that Ms. Gallagher and Mr. Wil- It was the intent of Congress in es- resent a true coupling of community liams received. Our legislation will tablishing our National Forests, that with land managers that is good for the prohibit agencies from issuing news re- they would be managed in a sustained land and good for the communities.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.061 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S899 Finally, essential services are being miscellaneous receipts referred to in the pre- ‘‘(2) REVIEW.—The Secretary concerned supported and developed in forest coun- ceding sentence, exclusive of required depos- shall review the notifications submitted ties by investing title III funds. In its to relevant trust funds, permanent funds, under paragraph (1) for a fiscal year for the Idaho, counties are using the funding and special accounts, that are received dur- purpose of assessing the success of partici- ing that fiscal year shall be reserved to make pating counties in achieving the purposes of as directed for search and rescue oper- payments under this section for that fiscal this title. ations and youth employment and edu- year.’’. ‘‘(3) ANNUAL REPORT.—The Secretary con- cational opportunities. (2) PAYMENTS TO ELIGIBLE COUNTIES FROM cerned shall prepare an annual report con- The impact of this act over the last BLM LANDS.—Section 103(b)(2) of such Act is taining the results of the most-recent review few years is positive and substantial. amended— conducted under paragraph (2) and a sum- This law should be extended so it can (A) by striking ‘‘trust fund,’’ and inserting mary of the notifications covered by the re- continue to benefit the forest counties ‘‘trust funds’’; view. (B) by inserting a comma after ‘‘and’’; and and their schools, and continue to con- ‘‘(4) SUBMISSION OF REPORT.—The report re- (C) by adding at the end the following new quired by paragraph (3) for a fiscal year shall tribute to improving the health of our sentence: ‘‘If the Secretary of the Treasury be submitted to the Committee on Agri- National Forests. determines that a shortfall is likely for a fis- culture, Nutrition, and Forestry and the I ask unanimous consent that the cal year, all revenues, fees, penalties, and Committee on Energy and Natural Resources text of the bill be printed in the miscellaneous receipts referred to in the pre- of the Senate and the Committee on Agri- RECORD. ceding sentence, exclusive of required depos- culture and the Committee on Resources of There being no objection, the bill was its to relevant trust funds and permanent op- the House of Representatives not later than erating funds, that are received during that ordered to be printed in the RECORD, as 150 days after the end of that fiscal year.’’. fiscal year shall be reserved to make pay- follows: (2) DEFINITION OF SECRETARY CONCERNED.— ments under this section for that fiscal Section 301 of such Act is amended by adding S. 267 year.’’. at the end the following new paragraph: Be it enacted by the Senate and House of Rep- (d) TERM FOR RESOURCE ADVISORY COM- ‘‘(3) SECRETARY CONCERNED.—The term resentatives of the United States of America in MITTEE MEMBERS; REAPPOINTMENT.—Section ‘Secretary concerned’ means— Congress assembled, 205(c)(1) of the Secure Rural Schools and ‘‘(A) the Secretary of Agriculture or the Community Self-Determination Act of 2000 SECTION 1. SHORT TITLE. designee of the Secretary of Agriculture, is amended— This Act may be cited as the ‘‘Secure with respect to county funds reserved under (1) in the second sentence, by striking section 102(d)(1)(B)(ii) for expenditure in ac- Rural Schools and Community Self-Deter- ‘‘The Secretary concerned may reappoint mination Reauthorization Act of 2005’’. cordance with this title; members to’’ and inserting ‘‘A member of a ‘‘(B) the Secretary of the Interior or the SEC. 2. REAUTHORIZATION OF SECURE RURAL resource advisory committee may be re- designee of the Secretary of the Interior, SCHOOLS AND COMMUNITY SELF- appointed for one or more’’; and DETERMINATION ACT OF 2000. with respect to county funds reserved under (2) by adding at the end the following new (a) EXTENSION THROUGH FISCAL YEAR section 103(c)(1)(B)(ii) for expenditure in ac- sentence: ‘‘Section 1803(c) of Food and Agri- cordance with this title.’’. 2013.—The Secure Rural Schools and Commu- culture Act of 1977 (7 U.S.C. 2283(c)) shall not nity Self-Determination Act of 2000 (Public (3) REFERENCES TO PARTICIPATING COUNTY.— apply to a resource advisory committee es- Section 302(b) of such Act is amended— Law 106–393; 16 U.S.C. 500 note) is amended— tablished by the Secretary of Agriculture.’’. (1) in sections 101(a), 203(a)(1), 207(a), 208, (A) by striking ‘‘An eligible county’’ each (e) REVISION OF PILOT PROGRAM.—Section place it appears in paragraphs (1), (2), and (3) 303, and 401, by striking ‘‘2006’’ each place it 204(e)(3) of the Secure Rural Schools and and inserting ‘‘A participating county’’; and appears and inserting ‘‘2013’’; Community Self-Determination Act of 2000 (B) by striking ‘‘A county’’ each place it (2) in section 208, by striking ‘‘2007’’ and in- is amended— appears in paragraphs (4), (5), and (6) and in- serting ‘‘2014’’; and (1) in subparagraph (A), by striking ‘‘The serting ‘‘A participating county’’. (3) in section 303, by striking ‘‘2007’’ and in- Secretary’’ and all that follows through ‘‘ap- (g) TECHNICAL CORRECTION.—Section serting ‘‘2014,’’. proved projects’’ and inserting ‘‘At the re- (b) AUTHORITY TO RESUME RECEIPT OF 25- 205(a)(3) of the Secure Rural Schools and quest of a resource advisory committee, the Community Self-Determination Act of 2000 OR 50-PERCENT PAYMENTS.— Secretary concerned may establish a pilot (1) 25-PERCENT PAYMENTS.—Section 102(b) of is amended by striking the comma after ‘‘the program to implement one or more of the Secretary concerned may’’. the Secure Rural Schools and Community projects proposed by the resource advisory Self-Determination Act of 2000 is amended— committee under section 203’’; Mr. WYDEN. Mr. President, I rise (A) in paragraph (1), by inserting ‘‘of the (2) by striking subparagraph (B); today to join my very dear friend and Treasury’’ after ‘‘Secretary’’; and (3) in subparagraph (C), by striking ‘‘by the colleague, Senator CRAIG of Idaho, as (B) in paragraph (2)— Secretary concerned’’; his principal cosponsor on legislation (i) in the first sentence, by inserting ‘‘, in- (4) in subparagraph (D)— to reauthorize a law that has spawned cluding such an election made during the (A) by striking ‘‘the pilot program’’ in the last quarter of fiscal year 2006 under this a revolution in forest dependent com- first sentence and inserting ‘‘pilot programs munities in 42 States and in over 700 paragraph,’’ after ‘‘25-percent payment’’; and established under subparagraph (A)’’; and (ii) in the second sentence, by striking (B) by striking ‘‘the pilot program is’’ in counties across the country. Our bill ‘‘fiscal year 2006’’ and inserting ‘‘fiscal year the second sentence and inserting ‘‘pilot pro- will reauthorize the Secure Rural 2013, except that the Secretary of the Treas- grams are’’; and Schools and Community Self Deter- ury shall give the county the opportunity to (5) by redesignating subparagraphs (C), (D), mination Act of 2000. elect, in writing during the last quarter of and (E), as so amended, as subparagraphs (B), This bill is short and simple but also fiscal year 2006, to begin receiving the 25-per- (C), and (D). extraordinary: it renews the original cent payment effective with the payment for (f) NOTIFICATION AND REPORTING REQUIRE- law and its programs for 8 more years. fiscal year 2007’’. MENTS REGARDING COUNTY PROJECTS.— It also makes some technical and (2) 50-PERCENT PAYMENTS.—Section 103(b)(1) (1) ADDITIONAL REQUIREMENTS.—Section 302 of such Act is amended by striking ‘‘fiscal of the Secure Rural Schools and Community grammatical corrections to the origi- year 2006’’ and inserting ‘‘fiscal year 2013, ex- Self-Determination Act of 2000 is amended by nal law and adds an oversight report on cept that the Secretary of the Treasury shall adding at the end the following new sub- some of the projects done under this give the county the opportunity to elect, in section: Act. As we introduce this bill today in writing during the last quarter of fiscal year ‘‘(c) NOTIFICATION AND REPORTING REQUIRE- the Senate, our friends and colleagues 2006, to begin receiving the 50-percent pay- MENTS.— in the House are introducing the exact ment effective with the payment for fiscal ‘‘(1) NOTIFICATION.—Not later than 90 days year 2007’’. after the end of each fiscal year during which same bill with the same, bi-partisan (c) CLARIFICATION REGARDING SOURCE OF county funds are obligated for projects under spirit. PAYMENTS.— this title, the participating county shall sub- The reason we can pursue reauthor- (1) PAYMENTS TO ELIGIBLE STATES FROM NA- mit to the Secretary concerned written noti- ization of such a far reaching law with TIONAL FOREST LANDS.—Section 102(b)(3) of fication specifying— such little language is because the the Secure Rural Schools and Community ‘‘(A) each project for which the partici- folks that it affects, the forest depend- Self-Determination Act of 2000 is amended— pating county obligated county funds during ent communities, as well as the edu- (A) by striking ‘‘trust fund,’’ and inserting that fiscal year; cators, the county leaders and the en- ‘‘trust funds, permanent funds,’’; ‘‘(B) the authorized use specified in sub- vironmentalists in those communities, (B) by inserting a comma after ‘‘and’’; and section (b) that the project satisfies; and (C) by adding at the end the following new ‘‘(C) the amount of county funds obligated have made this law work. The reason sentence: ‘‘If the Secretary of the Treasury or expended under the project during that we want to reauthorize this legislation determines that a shortfall is likely for a fis- fiscal year, including expenditures on Fed- is because these same folks want to cal year, all revenues, fees, penalties, and eral lands, State lands, and private lands. continue the work this law allows

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.066 S02PT1 S900 CONGRESSIONAL RECORD — SENATE February 2, 2005 them to do together, on federal and pri- counties, local, State and Federal offi- able to take full advantage of tele- vate lands, and in rural communities. cials and agencies. vision programming. Sadly, we have The Secure Rural Schools and Com- The Act’s greatest financial footprint yet to meet that demand. It has been munity Self Determination Act of2000 is felt in the West, but financial bene- estimated that 3,000 captioners are is sustaining rural communities as well fits flow to counties nationwide. Sig- needed to fulfill the 2006 mandate, and as encouraging industry and creating nificant investment in Federal lands that number continues to increase as jobs based on natural resources. If I has taken or will take place: $121 mil- more and more broadband stations may paraphrase a famous commercial lion from Title II and $124 million from come online. Unfortunately, the United to describe this legislation, I’d say: Title III. At least 1,168 Title II projects States has fallen behind in training Stabilization of payments to counties were approved during the Act’s first these individuals. We must jump start for roads and schools—millions of dol- two years. training programs to get students in lars; Additional investments and the Under the reauthorization we are the pipeline and begin to address the creation of new jobs through forest re- sponsoring the payment amount will need for Spanish language broad- lated projects—thousands of projects; continue to be based on the average of casting. Improving cooperative relationships timber receipts for the three top fed- among the people that use and care for eral land timber production years: FY This is an issue that I feel very federal lands: Priceless. 1985 through FY 2000. Currently, on strongly about because my late broth- Title I of the Act stabilizes funding lands where there is no harvest and no er, Frank, was deaf. I know personally for public education in rural commu- safety net, the communities get no that access to culture, news, and other nities. It also fortifies local govern- money. For those lands, funds will be media was important to him and to ment budgets that provide health and provided from the general treasury. others in achieving a better quality of safety services in rural America, as For others, there would be funds avail- life. More than 28 million Americans, well as maintains the transportation able, first from receipts but then from or 8 percent of the population, are con- corridors that move people and mate- the general treasury. Still, for counties sidered deaf or hard of hearing and rial to and from forest communities. where the status quo is their best many require captioning services to Title II of the Act provides resources source of funds, they could stay with participate in mainstream activities. for community-based stewardship for the status quo until they feel the need In 1990, I authored legislation that re- local federal lands. By establishing Re- to use the safety net. No longer will quired all television sets to be equipped source Advisory Committees, RACs, there be an absolute a reliance on re- with a computer chip to decode closed tasked with reviewing and recom- ceipts, thus decreasing pressure on captioning. This bill completes the mending to the Forest Service and Bu- land managers to produce timber har- promise of that technology, affording reau of Land Management projects to vest for schools and counties. While deaf and hard of hearing Americans the be completed on Federal lands that there is widespread application of the same equality and access that cap- benefit the community and the federal Act, 86 percent of counties nationwide tioning provides. lands associated with that RAC, this have opted for the ‘‘stable payment;’’ But let me emphasize that the deaf Act has resulted in over a thousand under the reauthorization bill, if a and hard of hearing population is only projects making Federal lands more county that has been part of this Act one of a number of groups that will environmentally healthy today than would like to opt out it may do so. It benefit from the legislation. The audi- before this Act passed in 2000. RACs en- is only fair to allow this, given that ence for captioning also includes indi- list community members representing the county may have opted in by as- environmental interests, recreations suming the law would only last viduals seeking to acquire or improve users, farmers, local officials and forest through 2006. literacy skills, including approxi- products industry. This collaborative Very strong support exists across the mately 27 million functionally illit- planning of management of local Fed- nation from stakeholders for renewal erate adults, 3 to 4 million immigrants eral lands has put people to work build- of the Act past fiscal year 2006. learning English as a second language, ing fish-friendly culverts; reducing haz- I urge my colleagues to work with and 18 million children learning to read ardous fuel loads; enhancing picnic, me and my colleague across the aisle in grades kindergarten through 3. I see camping and hiking facilities; and re- on this bi-partisan, bi-cameral effort to people using closed captioning to stay moving debris and noxious plant spe- renew a law that is actually working informed everywhere—from the gym to cies. on the ground. the airport. Here in the Senate, I would The kinds of projects the RACs have wager that many individuals on our supported are varied: watershed res- By Mr. HARKIN (for himself, staff have the captioning turned on toration and maintenance; wild life Mrs. CLINTON, Mr. COCHRAN, Mr. right now to follow what is happening habitat restoration; native fisheries KOHL, Mr. LAUTENBERG, Mr. on the Senate floor while they go about habitat enhancement; forest health im- LEAHY, Mr. LUGAR, Mr. ROCKE- conducting the meetings and phone provements; wild land fire hazard re- FELLER, and Mr. WYDEN): calls that advance legislation. Cap- duction; control of noxious weeds; re- S. 268. A bill to provide competitive tioning helps people educate them- moval of trash and illegal dumps; road grants for training court reporters and selves and helps all of us stay informed maintenance and obliteration; trail closed captioners to meet requirements and entertained when audio isn’t the maintenance and obliteration; and for realtime writers under the Tele- most appropriate medium. campground maintenance. communications Act of 1996, and for Title III of the Act supports activi- other purposes; to the Committee on Although the 2006 deadline is only 23 ties protecting federal infrastructure Commerce, Science, and Transpor- months away, our nation is facing a se- and the forest ecosystem. Fire Plan- tation. rious shortage of captioners. Over the ning, emergency response, law enforce- Mr. HARKIN. Mr. President, today I past decade, student enrollment in pro- ment and search and rescue services am introducing legislation, the Train- grams that train court reporters to be- make federa1lands safe. They reinforce ing for Realtime Writers Act of 2005, on come realtime writers has decreased by county government’s commitment to behalf of myself and my colleagues, 50 percent causing such programs to the partnership between the Federal Senators CLINTON, COCHRAN, KOHL, close on many campuses. Yet the need Government and local communities. LAUTENBERG, LEAHY, LUGAR, ROCKE- for these skills continues to rise. In These funds are being used to respond FELLER, and WYDEN. fact, the rate of job placement upon to forest fires conduct search and res- The 1996 Telecom Act required that graduation nears 100 percent. In addi- cue missions and improve forest health all television broadcasts were to be tion, the majority of closed captioners while teaching at-risk children and re- captioned by 2006 and all Spanish lan- are independent contractors. They are habilitating prisoners in prison-work guage programming was to be cap- the small businesses that run the camp programs. Title III projects, like tioned by 2010. This was a much needed American economy and we should do Title II projects, are also helping to de- reform that has helped millions of deaf everything we can to promote the cre- velop cooperative projects between and hard-of-hearing Americans to be ation and support of those businesses.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.067 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S901 That is why my colleagues and I are tration shall make competitive grants to eli- boards to ensure that training and assistance introducing this vital piece of legisla- gible entities under subsection to be funded with the grant will further local tion. The Training for Realtime Writ- (b) to promote training and placement of workforce goals, including the creation of ers Act of 2005 would establish competi- individuals, including individuals who have educational opportunities for individuals completed a court reporting training pro- who are from economically disadvantaged tive grants to be used toward training gram, as realtime writers in order to meet backgrounds or are displaced workers. real time captioners. This is necessary the requirements for closed captioning of (6) Additional information, if any, of the to ensure that we meet our goal set by video programming set forth in section 723 of eligibility of the eligible entity for priority the 1996 Telecom Act. the Communications Act of 1934 (47 U.S.C. in the making of grants under section 3(c). The Senate Commerce Committee re- 613) and the rules prescribed thereunder. (7) Such other information as the Adminis- ported this bill unanimously last ses- (b) ELIGIIBLE ENTITIES.—For purposes of tration may require. sion, the full Senate has passed this this Act, an eligible entity is a court report- SEC. 5. USE OF FUNDS. Act without objection twice now, and ing program that— (a) IN GENERAL.—An eligible entity receiv- (1) can document and demonstrate to the ing a grant under section 3 shall use the we stand here today, once again at the Secretary of Commerce that it meets min- grant amount for purposes relating to the re- beginning of the process. I ask my col- imum standards of educational and financial cruitment, training and assistance, and job leagues to join us once again in support accountability, with a curriculum capable of placement of individuals, including individ- of this legislation and join us in our ef- training realtime writers qualified to pro- uals who have completed a court reporting fort to win its passage into law. I ask vide captioning services; training program, as realtime writers, in- unanimous consent that the text of the (2) is accredited by an accrediting agency cluding— (1) recruitment; bill be printed in the RECORD. recognized by the Department of Education; (2) subject to subsection (b), the provision There being no objection, the bill was and (3) is participating in student aid programs of scholarships; ordered to be printed in the RECORD, as under title IV of the Higher Education Act of (3) distance learning; follows: 1965. (4) further develop and implement both S. 268 (c) PRIORITY IN GRANTS.—In determining English and Spanish curriculum to more ef- Be it enacted by the Senate and House of Rep- whether to make grants under this section, fectively train realtime writing skills, and resentatives of the United States of America in the Secretary of Commerce shall give a pri- education in the knowledge necessary for the Congress assembled, ority to eligible entities that, as determined delivery of high-quality closed captioning services; SECTION 1. SHORT TITLE. by the Secretary of Commerce— (1) possess the most substantial capability (5) mentor students to ensure successful This Act may be cited as the ‘Training for completion of the realtime training and pro- Realtime Writers Act of 2005’. to increase their capacity to train realtime writers; vide assistance in job placement; SEC. 2. FINDINGS. (2) demonstrate the most promising col- (6) encourage individuals with disabilities Congress makes the following findings: laboration with local educational institu- to pursue a career in realtime writing; and (1) As directed by Congress in section 723 of tions, businesses, labor organizations, or (7) the employment and payment of per- the Communications Act of 1934 (47 U.S.C. other community groups having the poten- sonnel for such purposes. 613), as added by section 305 of the Tele- (b) SCHOLARSHIPS.— tial to train or provide job placement assist- communications Act of 1996 (Public Law 104– (1) AMOUNT.—The amount of a scholarship ance to realtime writers; or 104; 110 Stat. 126), the Federal Communica- under subsection (a)(2) shall be based on the (3) propose the most promising and innova- tions Commission adopted rules requiring amount of need of the recipient of the schol- tive approaches for initiating or expanding closed captioning of most television pro- arship for financial assistance, as deter- training and job placement assistance efforts gramming, which gradually require new mined in accordance with part F of title IV with respect to realtime writers. video programming to be fully captioned in of the Higher Education Act of 1965 (20 U.S.C. (d) DURATION OF GRANT.—A grant under English by 2006 and Spanish by 2010. 1087kk). this section shall be for a period of two (2) More than 28,000,000 Americans, or 8 (2) AGREEMENT.—Each recipient of a schol- years. percent of the population, are considered arship under subsection (a)(2) shall enter (e) MAXIMUM AMOUNT OF GRANT.—The deaf or hard of hearing, and many require into an agreement with the National Tele- amount of a grant provided under subsection captioning services to participate in main- communications and Information Adminis- (a) to an entity eligible may not exceed stream activities. tration to provide realtime writing services $1,500,000 for the two-year period of the grant (3) More than 24,000 children are born in for a period of time (as determined by the under subsection (d). the United States each year with some form Administration) that is appropriate (as so of hearing loss. SEC. 4. APPLICATION. determined) for the amount of the scholar- (4) According to the Department of Health (a) IN GENERAL.—To receive a grant under ship received. and Human Services and a study done by the section 3, an eligible entity shall submit an (3) COURSEWORK AND EMPLOYMENT.—The National Council on Aging— application to the National Telecommuni- Administration shall establish requirements (A) 25 percent of Americans over 65 years cations and Information Administration at for coursework and employment for recipi- old are hearing impaired; such time and in such manner as the Admin- ents of scholarships under subsection (a)(2), (B) 33 percent of Americans over 70 years istration may require. The application shall including requirements for repayment of old are hearing impaired; and contain the information set forth under sub- scholarship amounts in the event of failure (C) 41 percent of Americans over 75 years section (b). to meet such requirements for coursework old are hearing impaired. (b) INFORMATION.—Information in the ap- and employment. Requirements for repay- (5) The National Council on Aging study plication of an eligible entity under sub- ment of scholarship amounts shall take into also found that depression in older adults section (a) for a grant under section 3 shall account the effect of economic conditions on may be directly related to hearing loss and include the following: the capacity of scholarship recipients to find disconnection with the spoken word. (1) A description of the training and assist- work as realtime writers. (6) Empirical research demonstrates that ance to be funded using the grant amount, (c) ADMINISTRATIVE COSTS.—The recipient captions improve the performance of individ- including how such training and assistance of a grant under section 3 may not use more uals learning to read English and, according will increase the number of realtime writers. than 5 percent of the grant amount to pay to numerous Federal agency statistics, could (2) A description of performance measures administrative costs associated with activi- benefit— to be utilized to evaluate the progress of in- ties funded by the grant. (A) 3,700,000 remedial readers; dividuals receiving such training and assist- (d) SUPPLEMENT NOT SUPPLANT.—Grant (B) 12,000,000 young children learning to ance in matters relating to enrollment, com- amounts under this Act shall supplement read; pletion of training, and job placement and and not supplant other Federal or non-Fed- (C) 27,000,000 illiterate adults; and (D) retention. eral funds of the grant recipient for purposes 30,000,000 people for whom English is a sec- (3) A description of the manner in which of promoting the training and placement of ond language. the eligible entity will ensure that recipients individuals as realtime writers (7) Over the past decade, student enroll- of scholarships, if any, funded by the grant SEC. 6. REPORTS. ment in programs that train realtime writ- will be employed and retained as realtime (a) ANNUAL REPORTS.—Each eligible entity ers and closed captioners has decreased by writers. receiving a grant under section 3 shall sub- 50%, even though job placement upon grad- (4) A description of the manner in which mit to the National Telecommunications uation is 100%. the eligible entity intends to continue pro- and Information Administration, at the end SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO viding the training and assistance to be of each year of the grant period, a report on PROMOTE TRAINING AND JOB funded by the grant after the end of the the activities of such entity with respect to PLACEMENT OF REAL TIME WRIT- grant period, including any partnerships or the use of grant amounts during such year. ERS. arrangements established for that purpose. (b) REPORT INFORMATION.— (a) IN GENERAL.—The National Tele- (5) A description of how the eligible entity (1) IN GENERAL.—Each report of an entity communications and Information Adminis- will work with local workforce investment for a year under subsection (a) shall include

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.068 S02PT1 S902 CONGRESSIONAL RECORD — SENATE February 2, 2005 a description of the use of grant amounts by In that spirit, together with Senator Under this program, the disaster the entity during such year, including an as- REED and 17 of my colleagues, I am re- must be declared by the President, the sessment by the entity of the effectiveness of introducing the Small Business and SBA Administrator, or a governor at activities carried out using such funds in in- Farm Energy Emergency Relief Act. I the discretion of the Administrator. creasing the number of realtime writers. The assessment shall utilize the performance thank Senators REED, DODD, BINGAMAN, Small businesses will have nine months measures submitted by the entity in the ap- KOHL, JEFFORDS, CANTWELL, JOHNSON, to apply from October 1, 2004 or, for fu- plication for the grant under section 4(b). PRYOR, LEAHY, LEVIN, SCHUMER, ture disasters, from the day a disaster (2) FINAL REPORT.—The final report of an LIEBERMAN, CLINTON, HARKIN, KEN- is declared. entity on a grant under subsection (a) shall NEDY, BAYH and OBAMA. In the past, This bill differs from the legislation include a description of the best practices this assistance has been supported by we put forward in 2001 in that it uses a identified by the entity as a result of the many Republicans, and I hope they will different trigger to define a disaster. grant for increasing the number of individ- again cosponsor the legislation. I have For this legislation, Senator REED uals who are trained, employed, and retained reached out to them in hopes that they worked closely with the Department of in employment as realtime writers. Energy to identify what would be con- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. will once again work in a bipartisan way to help our small businesses. I sidered extreme price jumps in the There is authorized to be appropriated to heating fuels of heating oil, natural carry out this Act, amounts as follows: know the heating oil issue is important (1) $20,000,000 for each of fiscal years 2006, to Senator SNOWE, my colleague and gas, and propane. Therefore, the assist- 2007, and 2008. chairman of the Committee on Small ance under this bill would become (2) Such sums as may be necessary for fis- Business & Entrepreneurship, and I available when the price jumps 40 per- cal year 2009. look forward to working with her. I am cent, when compared to the same pe- hopeful that she will cosponsor this bill riod for the two previous years, when By Mr. KERRY (for himself, Mr. and agree to take action on it in Com- absorbing the cost becomes nearly im- REED, Mr. DODD, Mr. BINGAMAN, mittee as soon as possible. possible. Mr. KOHL, Mr. JEFFORDS, Ms. We have built a very clear record Mr. President, I again ask that my CANTWELL, Mr. JOHNSON, Mr. over the years on how this legislation colleagues get behind this bill and PRYOR, Mr. LEAHY, Mr. LEVIN, would work and why it is needed. Let make it law as soon as possible. I ask Mr. SCHUMER, Mr. LIEBERMAN, me take a few minutes to summarize unanimous consent that a copy of a bi- Mrs. CLINTON, Mr. HARKIN, Mr. those conclusions. The Small Business partisan letter of support, a copy of the KENNEDY, Mr. BAYH, and Mr. and Farm Energy Emergency Relief cosponsors from the 107th Congress, OBAMA): Act of 2005 would provide emergency and a copy of the bill be printed in the S. 269. A bill to provide emergency relief, through affordable, low-interest RECORD. There being no objection, the mate- relief to small business concerns af- SBA and USDA Disaster loans, to rial was ordered to be printed in the fected by a significant increase in the small businesses adversely affected by, RECORD, as follows: price of heating oil, natural gas, pro- or likely to be adversely affected by, pane, or kerosene, and for other pur- significant increases in the prices of NOVEMBER 16, 2004. poses; to the Committee on Small Busi- Hon. TED STEVENS, four heating fuels—heating oil, pro- Chairman, Committee on Appropriations, U.S. ness and Entrepreneurship. pane, kerosene, and natural gas. This Mr. KERRY. Mr. President, tonight Senate, Washington, DC. would be helpful, because for those Hon. JUDD GREGG, the President will deliver his fifth businesses in danger of or already suf- Chairman, Appropriations Subcommittee on State of the Union address. It is ex- fering from significant economic injury Commerce, Justice, State, and the Judiciary, pected that he will, in that address, caused by crippling increases in the U.S. Senate, Washington, DC. talk about his plan to expand the own- costs of heating fuel, they need access Hon. ROBERT C. BYRD, ership of businesses, as he did in his In- to capital to mitigate or avoid serious Ranking Member, Committee on Appropriations, U.S. Senate, Washington, DC. augural Address. As a long-time mem- losses. However, commercial lenders Hon. FRITZ F. HOLLINGS, ber of the Senate Committee on Small typically won’t make loans to these Business & Entrepreneurship, I hope Ranking Member, Appropriations Subcommittee small businesses because they often on Commerce, Justice, State, and the Judici- that the administration will also tend don’t have the increased cash flow to ary, U.S. Senate, Washington, DC. to the needs of small businesses that demonstrate the ability to repay the DEAR SENATORS STEVENS, BYRD, GREGG already exist, in particular those strug- loan. AND HOLLINGS: We are writing to request you gling to make ends meet with the Economic injury disaster loans give include a provision in the fiscal year 2005 record high cost of heating fuels. It affected small businesses necessary Omnibus Appropriations Conference Report to make heating oil distributors and other could be done very easily by making working capital until normal oper- those small businesses eligible to apply small businesses harmed by substantial in- ations resume, or until they can re- creases in energy prices eligible for Small for low-cost disaster loans through the structure or change the business to ad- Business Administration (SBA) disaster Small Business Administration’s Eco- dress the market changes. These are di- loans. Many small businesses are being ad- nomic Injury Disaster Loan Program. rect loans, made through the SBA, versely affected by the substantial increases And by making small farms and agri- with interest rates of 4 percent or less. in the prices of heating oil, propane, ker- cultural businesses eligible for loans The SBA tailors the repayment of each osene and natural gas. The recent volatile and substantial increases in the cost of these through a similar loan program at the economic injury disaster loan to each Department of Agriculture. fuels is placing a tremendous burden on the borrower’s financial capability, ena- financial resources of small businesses, There has been a bipartisan push for bling them to avoid the robbing Peter which typically have small cash flows and this assistance in Congress twice in the to pay Paul syndrome, as they juggle narrow operating margins. past few years, most recently in No- bills. Heating oil and propane distributors, in vember during the consideration of the In practical terms, SBA considers particular, are being impacted. Heating oil mega funding bill, the FY2005 Omnibus economic injury to be when a small and propane distributors purchase oil through wholesalers. Typically, the dis- Appropriations Conference Report. It business is unable, or likely to be un- makes no sense that out of 3,000 pages tributor has 10 days to pay for the oil. The able, to meet its obligations as they money is pulled directly from a line of credit of legislation and almost $400 billion in mature or to pay its ordinary and nec- either at a bank or with the wholesaler. spending, the White House and the Re- essary operating expenses. To be eligi- Given the high cost of heating oil, distribu- publican leadership, opposing members ble to apply for an economic injury tors’ purchasing power is much lower this in their own party, refused to help the loan, year compared to previous years. In addi- little guy. While it would have been you must be a small business that tion, the distributors often do not receive most helpful to these businesses—from has been the victim of some kind of payments from customers until 30 days or small heating oil dealers to small man- more after delivery; therefore, their finan- disaster, cial resources for purchasing oil for cus- ufacturers—to enact the legislation in you must have used all reasonably tomers and running their business are lim- November when the prices were at an available funds, ited. Heating oil and propane dealers need to all-time high, we can still be helpful and you must be unable to obtain borrow money on a short-term basis to main- now. credit elsewhere. tain economic viability. Commercial lenders

VerDate Aug 04 2004 05:27 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.079 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S903 typically will not make loans to these small Sen Kennedy, Edward M. [D–MA] ‘‘(iii) the term ‘heating fuel’ means heat- businesses because they usually do not have Sen Landrieu, Mary [D–LA] ing oil, natural gas, propane, or kerosene; the increased cash flows to demonstrate the Sen Levin, Carl [D–MI] and ability to repay the loan. Without sufficient Sen Murray, Patty [D–WA] ‘‘(iv) the term ‘significant increase’ credit, these small businesses will struggle Sen Schumer, Charles E. [D–NY] means— to purchase the heating fuels they need to Sen Snowe, Olympia J. [R–ME] ‘‘(I) with respect to the price of heating oil, supply residential customers, businesses and Sen Torricelli, Robert G. [D–NJ] natural gas, or propane, any time the cur- public facilities, such as schools. These loans Sen Baucus, Max [D–MT] rent price index exceeds the base price index would provide affected small businesses with Sen Bingaman, Jeff [D–NM] by not less than 40 percent; and the working capital needed until normal op- Sen Cantwell, Maria [D–WA] ‘‘(II) with respect to the price of kerosene, erations resume or until they can restruc- Sen Cleland, Max [D–GA] any increase which the Administrator, in ture to address the market changes. Sen Collins, Susan M. [R–ME] consultation with the Secretary of Energy, SBA’s disaster loans are appropriate Sen Daschle, Thomas A. [D–SD] determines to be significant. sources of funding to address this problem. Sen Domenici, Pete V. [R–NM] ‘‘(B) The Administration may make such The hurricanes that caused significant dam- Sen Enzi, Michael B. [R–WY] loans, either directly or in cooperation with age to the Gulf Coast along with the current Sen Inouye, Daniel K. [D–HI] banks or other lending institutions through instability in Iraq, Nigeria and Russia Sen Johnson, Tim [D–SD] agreements to participate on an immediate caused a surge in the price of oil and impor- Sen Kohl, Herb [D–WI] or deferred basis, to assist a small business tant refined products, especially heating Sen Leahy, Patrick J. [D–VT] concern that has suffered or that is likely to fuels. The conditions restricting these small Sen Lieberman, Joseph I. [D–CT] suffer substantial economic injury as the re- businesses’ access to capital are beyond their Sen Reed, John F. [D–RI] sult of a significant increase in the price of control and SBA loans can fill this gap when Sen Smith, Bob [R–NH] heating fuel. the private sector does not meet the credit Sen Specter, Arlen [R–PA] ‘‘(C) Any loan or guarantee extended pur- needs of small businesses. Sen Wellstone, Paul D. [D–MN] suant to this paragraph shall be made at the A similar provision passed the Small Busi- S. 269 same interest rate as economic injury loans ness Committee and Senate with broad bi- Be it enacted by the Senate and House of Rep- under paragraph (2). partisan support during the 10th Congress resentatives of the United States of America in ‘‘(D) No loan may be made under this para- when these small businesses faced a substan- Congress assembled, graph, either directly or in cooperation with tial increase in energy prices. In addition, SECTION 1. SHORT TITLE. banks or other lending institutions through there is precedence for this proposal, as a This Act may be cited as the ‘‘Small Busi- agreements to participate on an immediate similar provision was enacted in the 104th ness and Farm Energy Emergency Relief Act or deferred basis, if the total amount out- Congress to help commercial fisheries fail- of 2005’’. standing and committed to the borrower ures. SEC. 2. FINDINGS. under this subsection would exceed $1,500,000, Thank you for your consideration. Please Congress finds that— unless such borrower constitutes a major find enclosed suggested draft language for (1) a significant number of small businesses source of employment in its surrounding the proposal. If your staff has questions in the United States, non-farm as well as ag- area, as determined by the Administration, about the proposal or the impacts of the cur- ricultural producers, use heating oil, natural in which case the Administration, in its dis- rent energy price increases on small busi- gas, propane, or kerosene to heat their facili- cretion, may waive the $1,500,000 limitation. nesses, please ask them to contact Kris Sarri ties and for other purposes; ‘‘(E) For purposes of assistance under this at 224–0606. (2) a significant number of small business paragraph— Sincerely, concerns in the United States sell, dis- ‘‘(i) a declaration of a disaster area based JACK REED, tribute, market, or otherwise engage in com- on conditions specified in this paragraph JOHN F. KERRY, merce directly related to heating oil, natural shall be required, and shall be made by the ARLEN SPECTER, gas, propane, and kerosene; and President or the Administrator; or CHRISTOPHER J. DODD, (3) significant increases in the price of ‘‘(ii) if no declaration has been made pursu- EDWARD M. KENNEDY, heating oil, natural gas, propane, or ker- ant to clause (i), the Governor of a State in JAMES M. JEFFORDS, osene— which a significant increase in the price of EVAN BAYH, (A) disproportionately harm small busi- heating fuel has occurred may certify to the SUSAN M. COLLINS, nesses dependent on those fuels or that use, Administration that small business concerns JEFF BINGAMAN, have suffered economic injury as a result of PATRICK J. LEAHY, sell, or distribute those fuels in the ordinary course of their business, and can cause them such increase and are in need of financial as- LINCOLN D. CHAFEE, sistance which is not otherwise available on FRANK LAUTENBERG, substantial economic injury; (B) can negatively affect the national reasonable terms in that State, and upon re- JOSEPH I. LIEBERMAN, ceipt of such certification, the Administra- CHARLES E. SCHUMER, economy and regional economies; (C) have occurred in the winters of 1983– tion may make such loans as would have PAUL S. SARBANES, been available under this paragraph if a dis- HILLARY RODHAM CLINTON, 1984, 1988–1989, 1996–1997, 1999–2000, 2000–2001, aster declaration had been issued. BARBARA A. MIKULSKI. and 2004–2005; and (D) can be caused by a host of factors, in- ‘‘(F) Notwithstanding any other provision cluding international conflicts, global or re- of law, loans made under this paragraph may BILL SUMMARY AND STATUS FOR THE 107TH be used by a small business concern de- CONGRESS gional supply difficulties, weather condi- tions, insufficient inventories, refinery ca- scribed in subparagraph (B) to convert from Title: A bill to provide emergency relief to pacity, transportation, and competitive the use of heating fuel to a renewable or al- small businesses affected by significant in- structures in the markets, causes that are ternative energy source, including agri- creases in the prices of heating oil, natural often unforeseeable to, and beyond the con- culture and urban waste, geothermal energy, gas, propane, and kerosene, and for other trol of, those who own and operate small cogeneration, solar energy, wind energy, or purposes. businesses. fuel cells.’’. Sponsor: Sen Kerry, John F. [D–MA] (in- (b) CONFORMING AMENDMENTS RELATING TO troduced 2/8/2001); Cosponsors: 34. SEC. 3. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN PROGRAM. HEATING FUEL.—Section 3(k) of the Small Committees: Senate Small Business and (a) IN GENERAL.—Section 7(b) of the Small Business Act (15 U.S.C. 632(k)) is amended— Entrepreneurship; House Small Business; Business Act (15 U.S.C. 636(b)) is amended by (1) by inserting ‘‘, significant increase in House Agriculture. inserting after paragraph (3) the following: the price of heating fuel’’ after ‘‘civil dis- Senate Reports: 107–4. ‘‘(4)(A) In this paragraph— orders’’; and Latest Major Action: 5/1712001—Referred to ‘‘(i) the term ‘base price index’ means the (2) by inserting ‘‘other’’ before ‘‘eco- House subcommittee. Status: Referred to the moving average of the closing unit price on nomic’’. Subcommittee on Conservation, Credit, the New York Mercantile Exchange for heat- SEC. 4. AGRICULTURAL PRODUCER EMERGENCY Rural Development and Research. ing oil, natural gas, or propane for the 10 LOANS. COSPONSORS, ALPHABETICAL days, in each of the most recent 2 preceding (a) IN GENERAL.—Section 321(a) of the Con- Sen Akaka, Daniel K. [D–HI] years, which correspond to the trading days solidated Farm and Rural Development Act Sen Bayh, Evan [D–IN] described in clause (ii); (7 U.S.C. 1961(a)) is amended— Sen Bond, Christopher S. [R–MO] ‘‘(ii) the term ‘current price index’ means (1) in the first sentence— Sen Chafee, Lincoln D. [R–RI] the moving average of the closing unit price (A) by striking ‘‘operations have’’ and in- Sen Clinton, Hillary Rodham [D–NY] on the New York Mercantile Exchange, for serting ‘‘operations (i) have’’; and Sen Corzine, Jon [D–NJ] the 10 most recent trading days, for con- (B) by inserting before ‘‘: Provided,’’ the Sen Dodd, Christopher J. [D–CT] tracts to purchase heating oil, natural gas, following: ‘‘, or (ii)(I) are owned or operated Sen Edwards, John [D–NC] or propane during the subsequent calendar by such an applicant that is also a small Sen Harkin, Tom [D–IA] month, commonly known as the ‘front business concern (as defined in section 3 of Sen Jeffords, James M. [R–VT] month’; the Small Business Act (15 U.S.C. 632)), and

VerDate Aug 04 2004 05:37 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.082 S02PT1 S904 CONGRESSIONAL RECORD — SENATE February 2, 2005 (II) have suffered or are likely to suffer sub- SEC. 7. EFFECTIVE DATE. tion. In the worst cases, unilateral stantial economic injury on or after October (a) SMALL BUSINESS.—The amendments sanctions are actually undermining our 1, 2004, as the result of a significant increase made by this Act shall apply during the 4– own interests in the world. in energy costs or input costs from energy year period beginning on the date on which Unilateral sanctions do have a place sources occurring on or after October 1, 2004, guidelines are published by the Adminis- in our foreign policy. There will always in connection with an energy emergency de- trator of the Small Business Administration clared by the President or the Secretary’’; under section 5, with respect to assistance be situations in which the actions of (2) in the third sentence, by inserting be- under section 7(b)(4) of the Small Business other countries are so egregious or so fore the period at the end the following: ‘‘or Act, as added by this Act, to economic injury threatening to the United States that by an energy emergency declared by the suffered or likely to be suffered as the result some response by the United States, President or the Secretary’’; and of a significant increase in the price of heat- short of the use of military force, is (3) in the fourth sentence— ing fuel occurring on or after October 1, 2004; needed and justified. In these in- (A) by inserting ‘‘or energy emergency’’ or stances, sanctions can be helpful in after ‘‘natural disaster’’ each place that (b) AGRICULTURE.—The amendments made getting the attention of another coun- term appears; and by section 4 shall apply during the 4–year pe- try, in showing U.S. determination to (B) by inserting ‘‘or declaration’’ after riod beginning on the date on which guide- ‘‘emergency designation’’. lines are published by the Secretary of Agri- change behaviors we find objection- (b) FUNDING.—Funds available on the date culture under section 5. able, or in stimulating a search for cre- of enactment of this Act for emergency loans ative solutions to difficult foreign pol- under subtitle C of the Consolidated Farm By Mr. LUGAR: icy problems. and Rural Development Act (7 U.S.C. 1961 et S. 270. A bill to provide a framework But decisions to impose them must seq.) shall be available to carry out the for consideration by the legislative and be fully considered and debated. Too amendments made by subsection (a) to meet frequently, this does not happen. Uni- the needs resulting from natural disasters . executive branches of proposed unilat- lateral sanctions are often the result of SEC. 5. GUIDELINES AND RULEMAKING. eral economic sanctions in order to en- (a) GUIDELINES.—Not later than 30 days sure coordination of United States pol- a knee-jerk impulse to take action, after the date of enactment of this Act, the icy with respect to trade, security, and combined with a timid desire to avoid Administrator of the Small Business Admin- human rights; to the Committee on the risks and commitments involved in istration and the Secretary of Agriculture Foreign Relations. more potent foreign policy steps that shall each issue such guidelines as the Ad- Mr. LUGAR. Mr. President, I rise to have greater potential to protect ministrator or the Secretary, as applicable, American interests. We must avoid determines to be necessary to carry out this introduce the Sanctions Policy Reform Act and the amendments made by this Act. Act. putting U.S. national security in a (b) RULEMAKING.—Not later than 30 days The fundamental purpose of my bill straight-jacket, and we must have a after the date of enactment of this Act, the is to promote good governance through clear idea of the consequences of sanc- Administrator of the Small Business Admin- thoughtful deliberation on those pro- tions on our own security and pros- istration, after consultation with the Sec- posals involving unilateral economic perity before we enact them. retary of Energy, shall promulgate regula- To this end, I am offering this bill to tions specifying the method for determining sanctions directed against other coun- tries. My bill lays out a set of guide- reform the U.S. sanctions decision- a significant increase in the price of ker- making process. The bill will establish osene under section 7(b)(4)(A)(iv)(II) of the lines and requirements for a careful Small Business Act (15 U.S.C. and deliberative process in both procedural guidelines and informa- 636(b)(4)(A)(iv)(II)). branches of government when consid- tional requirements that must be met SEC. 6. REPORTS. ering new unilateral sanctions. It does prior to the imposition of unilateral (a) SMALL BUSINESS ADMINISTRATION.—Not not preclude the use of economic sanc- economic sanctions. For example, be- later than 12 months after the date on which tions nor does it change those sanc- fore imposing unilateral sanctions, the Administrator of the Small Business Ad- Congress would be required to consider ministration issues guidelines under section tions already in force. It is based on the principle that if we improve the findings by executive branch officials 5, and annually thereafter, the Adminis- that evaluate the impact of the pro- trator shall submit to the Committee on quality of our policy process and public posed sanctions on American agri- Small Business and Entrepreneurship of the discourse, we can improve the quality culture, energy requirements, and cap- Senate and the Committee on Small Busi- of the policy itself. ital markets. The bill mandates that ness of the House of Representatives, a re- Numerous studies have shown that port on the effectiveness of the assistance we be better informed about the pros- unilateral sanctions rarely succeed and made available under section 7(b)(4) of the pects that our sanctions will succeed, often harm the United States more Small Business Act, as added by this Act, in- about the economic costs to the United than the target country. Sanctions can cluding— States, and about the sanctions’ im- (1) the number of small business concerns jeopardize billions of dollars in U.S. ex- pact on other American objectives. that applied for a loan under such section port earnings and hundreds of thou- and the number of those that received such In addition, this sanctions policy re- sands of American jobs. They fre- form bill provides for more active con- loans; quently weaken our international com- (2) the dollar value of those loans; sultation between the Congress and the (3) the States in which the small business petitiveness by yielding to other coun- President and for Presidential waiver concerns that received such loans are lo- tries those markets and opportunities authority if the President determines cated; that we abandon. They also can under- it is in our national security interests. (4) the type of heating fuel or energy that mine our ability to provide humani- It also establishes an executive branch caused the significant increase in the cost tarian assistance abroad. for the participating small business con- Sanctions Review Committee, which Unilateral sanctions often appear to will be tasked with evaluating the ef- cerns; and be cost-free, but they have many unin- (5) recommendations for ways to improve fect of any proposed sanctions and pro- the assistance provided under such section tended victims—the poor in the target viding appropriate recommendations to 7(b)(4), if any. countries, American companies, Amer- the President prior to the imposition of (b) DEPARTMENT OF AGRICULTURE.—Not ican labor, American consumers and, such sanctions. later than 12 months after the date on which quite frankly, American foreign policy. The bill would have no effect on ex- the Secretary of Agriculture issues guide- Sanctions can weaken our inter- isting sanctions. It would apply only to lines under section 5, and annually there- national competitiveness, lower our after, the Secretary shall submit to the Com- new sanctions that are enacted after mittee on Small Business and Agriculture, global market share, abandon our es- this bill became law. It also would Nutrition, and Forestry of the Senate and tablished market to others and jeop- apply only to sanctions that are unilat- the Committee on Small Business and Agri- ardize billions in export earnings—the eral and that are intended to achieve culture of the House of Representatives, a re- key to our economic growth. They may foreign policy goals. As such, it ex- port that— also impair our ability to provide hu- cludes trade remedies or trade sanc- (1) describes the effectiveness of the assist- manitarian assistance. They some- tions imposed because of market access ance made available under section 7(b)(4) of times anger our friends and call our the Small Business Act (15 U.S.C. 636(b)(4)); restrictions, unfair trade practices, or and international leadership into question. violations of U.S. commercial or trade (2) contains recommendations for ways to In many cases, unilateral sanctions are laws. improve the assistance provided under such well-intentioned, but impotent, serving Let me suggest a number of funda- section 7(b)(4), if any. only to create the illusion of U.S. ac- mental principles that I believe should

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.069 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S905 shape our approach to unilateral eco- little harm as possible to our global in- connection with non-Federal candidate nomic sanctions: unilateral economic terests. By improving upon our proce- elections, State or local ballot initia- sanctions should not be the policy of dures and the quality and timeliness of tives, or the nomination or confirma- first resort (to the extent possible, our information when considering new tion of individuals to non-elected of- other means of persuasion ought to be sanctions, I believe U.S. foreign policy fices. exhausted first); if harm is to be done will be more effective. Additionally, this legislation would or is intended, we must follow the car- set new rules for Federal political com- dinal principle that we plan to harm By Mr. MCCAIN (for himself, Mr. mittees that spend funds on voter mo- our adversary more than we harm our- FEINGOLD, Mr. LOTT, Mr. bilization efforts effecting both Federal selves; when possible, multilateral eco- LIEBERMAN, Mr. SCHUMER, Ms. and local races and, therefore, use both nomic sanctions and international co- SNOWE, Ms. COLLINS, and Mr. a Federal and a non-Federal account operation are preferable to unilateral SALAZAR): under FEC regulations. The new rules sanctions and are more likely to suc- S. 271. A bill to amend the Federal would prevent unlimited soft money ceed, even though they may be more Election Campaign Act of 1971 to clar- from being channeled into Federal difficult to obtain; we ought to avoid ify when organizations described in election activities by these Federal po- double standards and be as consistent section 527 of the Internal Revenue litical committees. Code of 1986 must register as political as possible in the application of our Under the new rules, at least half of committees, and for other purposes; to sanctions policy; to the extent pos- the funds spent on these voter mobili- the Committee on Rules and Adminis- sible, we ought to avoid dispropor- zation activities by Federal political tration. tionate harm to the civilian population committees would have to be hard (we should avoid the use of food as a Mr. MCCAIN. Mr. President, I am money from their Federal account. weapon of foreign policy and we should pleased to be joined by my good friends More importantly, the funds raised for permit humanitarian assistance pro- and colleagues Senators FEINGOLD from their non-Federal account would have grams to function); our foreign policy Wisconsin, and LOTT from Mississippi, to come from individuals and would be goals ought to be clear, specific and and our good friends who lead the cam- limited to no more than $25,000 per achievable within a reasonable period paign finance reform fight in the year per donor. Corporations and labor of time; we ought to keep to a min- House, Representatives SHAYS and unions could not contribute to these imum the adverse affects of our sanc- MEEHAN, in introducing a bill to end non-Federal accounts. To put it in sim- tions on our friends and allies; we the illegal practice of 527 groups spend- ple terms, a George Soros could give should keep in mind that unilateral ing soft money on ads and other activi- $25,000 per year as opposed to $10 mil- sanctions can cause adverse con- ties to influence Federal elections. lion to finance these activities. sequences that may be more problem- As my colleagues know, a number of atic than the actions that prompted 527 groups raised and spent a substan- Let me be perfectly clear on one the sanctions—a regime collapse, a hu- tial amount of soft money in a blatant point here. Our proposal will not shut manitarian disaster, a mass exodus of effort to influence the outcome of last down 527s, it will simply require them people, or more repression and isola- year’s Presidential election. These ac- to abide by the same Federal regula- tion in the target country, for example; tivities are illegal under existing laws, tions every other Federal political we should explore options for solving and yet once again, the Federal Elec- committee must abide by in spending problems through dialogue, public di- tion Commission, FEC, has failed to do money to influence Federal elections. plomacy, and positive inducements or its job and has refused to do anything It is unfortunate that we even need rewards; the President of the United to stop these illegal activities. There- to be here introducing this bill today. States should always have options that fore, we must pursue all possible steps This legislation would not be necessary include both sticks and carrots that to overturn the FEC’s misinterpreta- if it weren’t for the abject failure of can be adjusted according to cir- tion of the campaign finance laws, the FEC to enforce existing law. As my cumstance and nuance (the Congress which is improperly allowing 527 colleagues well know, some organiza- should be vigilant by ensuring that his groups whose purpose is to influence tions, registered under section 527 of options are consistent with Congres- Federal elections to spend soft money the Internal Revenue Code, had a sional intent and the law); and in those on these efforts. major impact on last year’s presi- cases where we do impose sanctions According to an analysis by cam- dential election by raising and spend- unilaterally, our actions must be part paign finance scholar Tony Corrado, ing illegal soft money to run ads at- of a coherent and coordinated foreign Federally oriented 527s spent $423 mil- tacking both President Bush and Sen- policy that is coupled with diplomacy lion on the 2004 elections. The same ator KERRY. The use of soft money to and consistent with our international analysis shows that ten donors gave at finance these activities is clearly ille- obligations and objectives. least $4 million each to 527s involved in gal under current statute, and the fact An unexamined reliance on unilat- the 2004 elections and two donors each that they have been allowed to con- eral sanctions may be appropriate for a contributed over $20 million. tinue unchecked is unconscionable. third-rate power whose foreign policy In September, we filed a lawsuit to The blame for this lack of enforce- interests lie primarily in satisfying do- overturn the FEC’s failure to issue reg- ment does not lie with the Congress, mestic constituencies or cultivating a ulations to stop these illegal practices nor with the Administration. The self-righteous posture. But the United by 527 groups. President Bush and his blame for this continuing illegal activ- States is the world’s only superpower. campaign filed a similar lawsuit ity lies squarely with the FEC. This Our own prosperity and security, as against the FEC as well, and I also ap- agency has a duty to issue regulations well as the future of the world, depend preciate President Bush’s support for to properly implement and enforce the on a vigorous and effective assertion of the legislative effort we begin today on Nation’s campaign laws—and the FEC our international interests. 527s. Today, we are introducing legisla- has failed, and it has failed miserably The United States should never aban- tion that will accomplish the same re- to carry out that responsibility. The don its leadership role in the world, nor sult. We are going to follow every pos- Supreme Court found that to be the forsake the basic values we cherish. We sible avenue to stop 527 groups from ef- case in its McConnell decision, and must ask, however, whether we are al- fectively breaking the law, and doing Judge Kollar-Kotelly found that to be ways able to change the actions of what they are already prohibited from the case in her decision overturning 15 other countries whose behavior we find doing by longstanding laws. regulations incorrectly adopted by the disagreeable or threatening. If we are The bill we introduce today is simple. FEC to implement the Bipartisan Cam- able to influence those actions, we need It would require that all 527s register paign Reform Act of 2002, BCRA. That to ponder how best to proceed. In my as political committees and comply is why a Los Angeles Times editorial judgment, unilateral economic sanc- with Federal campaign finance laws, stated that, ‘‘her decision would make tions will not always be the best an- including Federal limits on the con- a fitting obituary for an agency that swer. But, if they are the answer, they tributions they receive, unless the deserves to die.’’ We are not going to should be structured so that they do as money they raise and spend is only in allow the destructive FEC to continue

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.080 S02PT1 S906 CONGRESSIONAL RECORD — SENATE February 2, 2005 to undermine the Nation’s campaign fi- Health, Education, Labor, and Pen- ommendations for legislation as it nance laws as it has been consistently sions; which was referred to the Com- deems advisable, to the Senate at the doing for the past two decades. mittee on Rules and Administration: earliest practicable date, but not later Opponents of campaign reform like S. RES. 34 than February 28, 2006 and February 28, to point out that the activities of these Resolved, That, in carrying out its 2007, respectively. 527s serve as proof that BCRA has powers, duties and functions under the Sec. 4. Expenses of the committee failed in its stated purpose to elimi- Standing Rules of the Senate, in ac- under this resolution shall be paid from nate the corrupting influence of soft cordance with its jurisdiction under the contingent fund of the Senate upon money in our political campaigns. Let rule XXV of such rules, including hold- vouchers approved by the Chairman of me be perfectly clear on this. The 527 ing hearings, reporting such hearings, the committee, except that vouchers issue has nothing to do with BCRA, it and making investigations as author- shall not be required (1) for the dis- has everything to do with the 1974 law ized by paragraphs 1 and 8 of rule XXVI bursement of the salaries of employees and the failure of the FEC to do its job of the Standing Rules of the Senate, paid at an annual rate, or (2) for the and properly regulate the activities of the Committee on Health, Education, payment of telecommunications pro- these groups. Labor, and Pensions is authorized from vided by the Office of the Sergeant at As further evidence of the FEC’s lack March 1, 2005, through September 30, Arms and Doorkeeper, United States of capability, let me quote from a cou- 2005; October 1, 2005, through Sep- Senate, or (3) for the payment of sta- ple of court decisions which highlight tember 30, 2006; and October 1, 2006, tionery supplies purchased through the this agency’s shortcomings. First, in through February 28, 2007, in its discre- Keeper of the Stationery, United its decision upholding the constitu- tion (1) to make expenditures from the tionality of BCRA in McConnell v. States Senate, or (4) for payments to contingent fund of the Senate, (2) to FEC, the U.S. Supreme Court stated the Postmaster, United States Senate, employ personnel, and (3) with the that the FEC had ‘‘subverted’’ the law, or (5) for the payment of metered prior consent of the Government de- issued regulations that ‘‘permitted charges on copying equipment provided more than Congress had ever in- partment or agency concerned and the by the Office of the Sergeant at Arms tended,’’ and ‘‘invited widespread cir- Committee on Rules and Administra- and Doorkeeper, United States Senate, cumvention’’ of FECA’s limits on con- tion, to use on a reimbursable or non- or (6) for the payment of Senate Re- tributions. Additionally, in September, reimbursable basis the services of per- cording and Photographic Services, or a Federal district court judge threw sonnel of any such department or agen- (7) for payment of franked and mass out 15 of the FEC’s regulations imple- cy. mail costs by the Sergeant at Arms menting BCRA. Among the reasons for Sec. 2. (a) The expenses of the com- and Doorkeeper, United States Senate. her actions were that one provision mittee for the period March 1, 2005, Sec. 5. There are authorized such ‘‘severely undermines FECA’’ and through September 30, 2005, under this sums as may be necessary for agency would ‘‘foster corruption’’, another resolution shall not exceed $4,545,576, of contributions related to the compensa- ‘‘runs completely afoul’’ of current which amount (1) not to exceed $32,500 tion of employees of the committee law, another would ‘‘render the statute may be expended for the procurement from March 1, 2005, through September largely meaningless’’ and, finally, that of the services of individual consult- 30, 2005, October 1, 2005, through Sep- another had ‘‘no rational basis.’’ ants, or organizations thereof (as au- tember 30, 2006; and October 1, 2006 The track record of the FEC is clear thorized by section 202(i) of the Legis- through February 28, 2007, to be paid and, by their continued stonewalling, lative Reorganization Act of 1946, as from the Appropriations account for the Commission has proven itself to be amended), and (2) not to exceed $25,000 ‘‘Expenses of Inquiries and Investiga- nothing more than a bureaucratic may be expended for the training of the tions’’. nightmare, and the time has come to professional staff of such committee f put an end to its destructive tactics. (under procedures specified by section The FEC has had ample, and well docu- 202(j) of the Legislative Reorganization SENATE RESOLUTION 35—AUTHOR- mented, opportunities to address the Act of 1946). IZING EXPENDITURES BY THE issue of the 527’s illegal activities, and (b) For the period October 1, 2005, COMMITTEE ON VETERANS’ AF- each time they have taken a pass, through September 30, 2006, expenses of FAIRS choosing instead to delay, postpone, the committee under this resolution Mr. CRAIG submitted the following and refuse to act. shall not exceed $7,981,411, of which resolution; from the Committee on Enough is enough. It is time to stop amount (1) not to exceed $32,500 may be Veterans’ Affairs; which was referred wasting taxpayer’s dollars on an agen- expended for the procurement of the to the Committee on Rules and Admin- cy that runs roughshod over the will of services of individual consultants, or istration: the Congress, the Supreme Court, the organizations thereof (as authorized by American people, and the Constitution. section 202(i) of the Legislative Reorga- S. RES. 35 We’ve fought too long and too hard to nization Act of 1946, as amended), and Resolved, That, in carrying out its powers, sit back and allow this worthless agen- (2) not to exceed $25,000 may be ex- duties, and functions under the Standing Rules of the Senate, in accordance with its cy to undermine the law. pended for the training of the profes- So, here is the bottom line: If the jurisdiction under rule XXV of such rules, in- sional staff of such committee (under cluding holding hearings, reporting such FEC won’t do its job, and its commis- procedures specified by section 202(j) of sioners have proven time and time hearings, and making investigations as au- the Legislative Reorganization Act of thorized by paragraphs 1 and 8 of rule XXVI again that they won’t, then we’ll do it 1946). of the Standing Rules of the Senate, the for them. The bill Senators FEINGOLD, (c) For the period October 1, 2006, Committee on Veterans’ Affairs is author- LOTT and I introduce today will put an through February 28, 2007, expenses of ized from March 1, 2005, through September end to the abusive, illegal practices of the committee under this resolution 30, 2005; October 1, 2005, through September these 527s. shall not exceed $3,397,620, of which 30, 2006; and October 1, 2006, through Feb- I urge my colleagues to support swift ruary 28, 2007, in its discretion (1) to make amount (1) not to exceed $32,500 may be passage of this bill and put an end to expenditures from the contingent fund of the expended for the procurement of the this problem once and for all. Senate, (2) to employ personnel, and (3) with services of individual consultants, or the prior consent of the Government depart- f organizations thereof (as authorized by ment or agency concerned and the Com- SUBMITTED RESOLUTIONS section 202(i) of the Legislative Reorga- mittee on Rules and Administration, to use nization Act of 1946, as amended), and on a reimbursable or non-reimbursable basis (2) not to exceed $25,000 may be ex- the services of personnel of any such depart- SENATE RESOLUTION 34—AUTHOR- pended for the training of professional ment or agency. IZING EXPENDITURES BY THE SEC. 2. (a) The expenses of the committee staff of such committee (under proce- for the period March 1, 2005, through Sep- COMMITTEE ON HEALTH, EDU- dures specified by section 202(j) of the CATION, LABOR, AND PENSIONS tember 30, 2005, under this resolution shall Legislative Reorganization Act of 1946). not exceed $1,394,529, of which amount (1) not Mr. ENZI submitted the following Sec. 3. The committee shall report its to exceed $59,000 may be expended for the resolution; from the Committee on findings, together with such rec- procurement of the services of individual

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.081 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — SENATE S907 consultants, or organizations thereof (as au- S. CON. RES. 9 tem and S. 50, Tsunami Preparedness thorized by section 202(i) of the Legislative Whereas the year 2004 marked the 100th an- Act of 2005. Reorganization Act of 1946, as amended), and niversary of the founding of Big Brothers Big The PRESIDING OFFICER. Without (2) not to exceed $5,900 may be expended for Sisters; objection, it is so ordered. the training of the professional staff of such Whereas Congress chartered Big Brothers COMMITTEE ON ENVIRONMENT AND PUBLIC committee (under procedures specified by in 1958; WORKS section 202(j) of the Legislative Reorganiza- Whereas Ernest Coulter recognized the tion Act of 1946). need for adult role models for the youth he Mr. ALLARD. Mr. President, I ask (b) For the period October 1, 2005, through saw in court in New York City in 1904 and re- unanimous consent that the Com- September 30, 2006, expenses of the com- cruited ‘‘Big Brothers’’ to serve as mentors, mittee on Environment and Public mittee under this resolution shall not exceed beginning the Big Brothers movement; Works be authorized to meet on $2,445,763, of which amount (1) not to exceed Whereas Big Brothers Big Sisters is the Wednesday, February 2, 2005 at 9:15 $100,000 may be expended for the procure- oldest, largest youth mentoring organization a.m., to conduct a legislative hearing ment of the services of individual consult- in the nation, serving over 220,000 children in on S. 131, ‘‘The Clear Skies Act of ants, or organizations thereof (as authorized 2004 and approximately 2,000,000 since its by section 202(I) of the Legislative Reorga- founding 100 years ago; 2005’’. nization Act of 1946, as amended), and (2) not Whereas Big Brothers Big Sisters has his- The hearing will be held in SD 406. to exceed $10,000 may be expended for the torically been supported through the gen- The PRESIDING OFFICER. Without training of the professional staff of such erosity of individuals who have believed in objection, it is so ordered. committee (under procedures specified by the organization’s commitment to matching COMMITTEE ON FINANCE section 202(j) of the Legislative Reorganiza- at-risk children with caring, volunteer men- tion Act of 1946). Mr. ALLARD. Mr. President, I ask tors; unanimous consent that the Com- (c) For the period October 1, 2006, through Whereas Big Brothers and Big Sisters have February 28, 2007, expenses of the committee given countless hours and forever changed mittee on Finance be authorized to under this resolution shall not exceed the lives of America’s children, contributing meet during the session on Wednesday, $1,040,152, of which amount (1) not to exceed over 10,500,000 volunteer hours at an esti- February 2, 2005 at 10 a.m., to hear tes- $42,000 may be expended for the procurement mated value of $190,000,000 in 2004; timony on the Long Term Outlook for of the services of individual consultants, or Whereas evidence-based research has Social Security. organizations thereof (as authorized by sec- shown that Big Brothers Big Sisters men- The PRESIDING OFFICER. Without tion 202(i) of the Legislative Reorganization toring model improves a child’s academic objection, it is so ordered. Act of 1946, as amended), and (2) not to ex- performance and relationships with teachers, ceed $4,200 may be expended for the training parents, and peers, decreases the likelihood COMMITTEE ON HEALTH, EDUCATION, LABOR, of the professional staff of such committee of youth violence and drug and alcohol use, AND PENSIONS (under procedures specified by section 202(j) and raises self-confidence levels; Mr. ALLARD. Mr. President, I ask of the Legislative Reorganization Act of Whereas 454 local Big Brothers Big Sisters unanimous consent that the Com- 1946). agencies are currently contributing to the mittee on Health, Education, Labor, SEC. 3. The committee shall report its find- quality of life of at-risk youth in over 5,000 and Pensions be authorized to meet in ings, together with such recommendation for communities across the United States; and executive session for its organizational legislation as it deems advisable, to the Sen- Whereas the future of Big Brothers Big Sis- meeting during the session of the Sen- ate at the earliest practicable date, but not ters depends not only on its past impact, but later than February 28, 2006, and February also on the future accomplishments of its ate on Wednesday, February 2, 2005 at 28, 2007, respectively. Little Brothers and Little Sisters and the 10 a.m., in SD–430. SEC. 4. Expenses of the committee under continued commitment to its Big Brothers The PRESIDING OFFICER. Without this resolution shall be paid from the contin- and Big Sisters: Now, therefore, be it objection, it is so ordered. gent fund of the Senate upon vouchers ap- Resolved by the Senate (the House of Rep- COMMITTEE ON HOMELAND SECURITY AND proved by the chairman of the committee, resentatives concurring), That Congress— GOVERNMENTAL AFFAIRS except that vouchers shall not be required (1) recognizes the second century of Big Mr. ALLARD. Mr. President, I ask for (1) the disbursement of salaries of em- Brothers Big Sisters, supports the mission ployees paid at an annual rate, or (2) for the and goals of the organization, and commends unanimous consent that the Com- payment of telecommunications provided by Big Brothers Big Sisters for its commitment mittee on Homeland Security and Gov- the Office of the Sergeant at Arms and Door- to helping children in need reach their po- ernmental Affairs be authorized to keeper, United States Senate, or (3) for the tential through professionally supported one meet on Wednesday, February 2, 2005 at payment stationery supplies purchased to one mentoring relationships with measur- 10 a.m., to consider the nomination of through the Keeper of Stationery, United able results; Michael Chertoff to be Secretary of States Senate, or (4) for payments to the (2) asks all Americans to join in marking Homeland Security. Postmaster, United States Senate, or (5) for the beginning of Big Brothers Big Sisters’ The PRESIDING OFFICER. Without the payment of metered charges on copying second century and support the organiza- equipment provided by the Office of the Ser- tion’s next 100 years of service on behalf of objection, it is so ordered. geant at Arms and Doorkeeper, United America’s children; and COMMITTEE ON THE JUDICIARY States Senate, or (6) for the payment of Sen- (3) encourages Big Brothers Big Sisters to Mr. ALLARD. Mr. President, I ask ate Recording and Photographic Services, or continue to strive towards serving 1,000,000 unanimous consent that the Com- (7) for payment of franked and mass mail children annually. mittee on the Judiciary be authorized costs by the Sergeant at Arms and Door- f to meet to conduct a hearing on keeper, United States Senate. Wednesday, February 2, 2005 at 9:30 SEC. 5. There are authorized such sums as AUTHORITY FOR COMMITTEES TO may be necessary for agency contributions MEET a.m., on ‘‘Asbestos: The Mixed Dust related to the compensation of employees of and FELA Issues.’’ The hearing will the committee from March 1, 2005, through COMMITTEE ON ARMED SERVICES take place in the Dirksen Senate Office September 30, 2005; October 1, 2005, through Mr. ALLARD. Mr. President, I ask Building Room 226. September 30, 2006; and October 1, 2006, unanimous consent that the Com- The PRESIDING OFFICER. Without through February 28, 2007, to be paid from mittee on Armed Services be author- objection, it is so ordered. the appropriations account for ‘‘Expenses of ized to meet during the session of the f Inquiries and Investigations.’’ Senate on February 2, 2005, at 4 p.m., in closed session to receive a briefing on AUTHORIZING SENATE COM- training of Iraqi security forces. MITTEE TO ESCORT THE PRESI- SENATE CONCURRENT RESOLU- The PRESIDING OFFICER. Without DENT OF THE UNITED STATES TION 9—RECOGNIZING THE SEC- objection, it is so ordered. INTO THE HOUSE CHAMBER OND CENTURY OF BIG BROTH- COMMITTEE ON COMMERCE, SCIENCE, AND Mr. MCCONNELL. I ask unanimous ERS BIG SISTERS, AND SUP- TRANSPORTATION consent that the Presiding Officer of PORTING THE MISSION AND Mr. ALLARD. Mr. President, I ask the Senate be authorized to appoint a GOALS OF THAT ORGANIZATION unanimous consent that the Com- committee on the part of the Senate to Mr. ENSIGN (for himself and Mr. mittee on Commerce, Science, and join with a like committee on the part DODD) submitted the following concur- Transportation be authorized to meet of the House of Representatives to es- rent resolution; which was referred to on Wednesday, February 2, 2005, at 10 cort the President of the United States the Committee on the Judiciary: a.m. on the U.S. Tsunami Warning Sys- into the House Chamber for the joint

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.084 S02PT1 S908 CONGRESSIONAL RECORD — SENATE February 2, 2005 session to be held tonight, Wednesday, I further ask that following the pray- RECESS February 2nd, 2005, at 9 p.m. er and pledge, the morning hour be Mr. MCCONNELL. If there is no fur- The PRESIDING OFFICER. Without deemed expired, the Journal of pro- ther business to come before the Sen- objection, it is so ordered. ceedings be approved to date, the time ate, I ask the Senate stand in recess f for the two leaders be reserved, and the until 8:40 this evening. Senate then begin a period of morning There being no objection, the Senate, PROVIDING FOR AN business for up to 2 hours, with the ADJOURNMENT OF THE HOUSE at 4:50 p.m., recessed until 8:38 p.m., first hour under the control of the and reassembled when called to order Mr. MCCONNELL. Mr. President, I Democratic leader or his designee and by the Presiding Officer (Mr. COLEMAN). ask unanimous consent that the Sen- the second hour under the control of ate proceed to immediate consider- the majority leader or his designee; f ation of H. Con. Res. 39 which was re- provided that following morning busi- ceived from the House. ness the Senate proceed to executive JOINT SESSION OF THE TWO The PRESIDING OFFICER. The session and resume consideration of HOUSES—ADDRESS BY THE clerk will report the resolution by the nomination of Alberto Gonzales to PRESIDENT OF THE UNITED title. be Attorney General as provided under STATES (H. DOC. NO. ) The assistant legislative clerk read the previous order; provided that dur- as follows: ing the first 2 hours of debate tomor- The PRESIDING OFFICER. The Sen- A resolution (H. Con. Res. 39) providing for row, the first 30 minutes be under the ate will now proceed to the Hall of the an adjournment of the House of Representa- control of the majority, and following House of Representatives to hear the tives. that the time alternate every 30 min- address by the President of the United There being no objection, the Senate utes. States. proceeded to consider the concurrent The PRESIDING OFFICER. Without Thereupon, the Senate, preceded by resolution. objection, it is so ordered. the Deputy Sergeant at Arms, J. Keith Kennedy, the Secretary of the Senate, Mr. MCCONNELL. I ask unanimous PROGRAM Emily J. Reynolds, and the Vice Presi- consent that the resolution be agreed Mr. MCCONNELL. Tomorrow, fol- to, the motion to reconsider be laid lowing morning business, the Senate dent of the United States, DICK CHE- upon the table, and any statements be will resume consideration of the nomi- NEY, proceeded to the Hall of the House of Representatives to hear the address printed in the RECORD. nation of Alberto Gonzales to be Attor- The PRESIDING OFFICER. Without ney General for a total of 8 hours of de- by the President of the United States, objection, it is so ordered. bate remaining with the time equally George W. Bush. The concurrent resolution (H. Con. divided between the chairman and the (The address delivered by the Presi- Res. 39) was agreed to. ranking member of the Judiciary Com- dent of the United States to the joint session of the two Houses of Congress f mittee. It is my hope that some time will be yielded back, allowing us to appears in the proceedings of the House ORDER OF PROCEDURE proceed to a vote earlier in the after- of Representatives in today’s RECORD.) Mr. MCCONNELL. I ask unanimous noon. We have had full debate on this consent when the Senate completes its nomination. We all appreciate the or- f business today, it recess until 8:40 p.m. derly fashion in which we have con- tonight, at which time the Senate will ducted the debate. ADJOURNMENT UNTIL 9 A.M. proceed as a body to the House Cham- Again, Senators are reminded to TOMORROW ber for the President’s State of the gather at 8:30 this evening in the Sen- At the conclusion of the joint session Union address; provided that upon the ate Chamber. The Senate will proceed of the two Houses, and in accordance dissolution of the joint session, the as a body promptly at 8:40 tonight and with the order previously entered, at Senate adjourn until 9 a.m. on Thurs- to the Hall of the House of Representa- 10:07 p.m., the Senate adjourned until day, February 3rd. tives for the President’s 9 p.m. address. Thursday, February 3, 2005, at 9 a.m.

VerDate Aug 04 2004 04:43 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.087 S02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E133 EXTENSIONS OF REMARKS

HONORING FT. LEWIS COLLEGE IN RECOGNITION OF JONATHON Seniors’ right to control their own health GRADUATES DEAN SISTO UPON HIS ACHIEVE- care is also being denied due to the Social MENT OF EAGLE SCOUT COURT Security Administration’s refusal to give sen- OF HONOR iors who object to enrolling for Medicare Part HON. MARK UDALL A Social Security benefits. This not only dis- torts the intent of the creators of the Medicare OF COLORADO HON. ELLEN O. TAUSCHER OF CALIFORNIA system; it also violates the promise rep- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES resented by Social Security. Americans pay taxes into the Social Security Trust Fund their Wednesday, February 2, 2005 Wednesday, February 2, 2005 whole working lives and are promised that So- Mrs. TAUSCHER. Mr. Speaker, I rise today cial Security will be there for them when they Mr. UDALL of Colorado. Mr. Speaker, I rise to pay tribute to my constituent Jonathan retire. Yet, today, seniors are told that they today to honor the Ft. Lewis College’s Winter Dean Sisto of Eagle Scout troop #204 in La- cannot receive these benefits unless they Graduating Class of 2004. 1 was unable to at- fayette, California, as he receives the distin- agree to join an additional government pro- tend the ceremony and would like to enter guished honor of the Eagle Scout rank. gram! some remarks into the record on behalf of the The honor of Eagle Scout is given only to At a time when the fiscal solvency of Medi- graduates. those young men who have demonstrated that care is questionable, to say the least, it seems I was asked to serve as the commencement that they have fulfilled its rigorous require- foolish to waste scarce Medicare funds on speaker for the December 18th graduation ments, including living by the Scout Oath and those who would prefer to do without Medi- ceremony in Durango, Colorado where Ft. Law, rising through the Boy Scout ranks, earn- care. Allowing seniors who neither want nor Lewis College is located. Ft. Lewis College is ing 21 merit badges, serving as a leader, and need to participate in the program to refrain a fine institution of higher learning in the West, planning and leading a service project for their from doing so will also strengthen the Medi- care program for those seniors who do wish to and Durango happens to be one of my favor- community. This is not an honor given out participate in it. Of course, my bill does not ite places in Colorado. For my colleagues who lightly: this young man is becoming an Eagle Scout because he is intelligent, dedicated, and take away Medicare benefits from any senior. have not had the opportunity to visit Durango, It simply allows each senior to choose volun- I can tell you that it embodies much of the principled. I am proud to call Jonathan Dean Sisto my tarily whether or not to accept Medicare bene- majesty of the Rocky Mountains and the West. fits or to use his own resources to obtain From the high country lakes to the red-rocked constituent, for he is a shining example of the promise of the next generation. Indeed, he health care. canyon lands to the breathtakingly rugged San represents the best of the young people in our Forcing seniors into government programs Juan Mountains, Durango is truly awe-inspir- country. I extend my sincere congratulations to and restricting their ability to seek medical ing nature at its finest. I was very much look- him and his family, on this momentous occa- care free from government interference in- ing forward to talking to these graduates in sion. fringes on the freedom of seniors to control this beautiful part of our State. their own resources and make their own f Drawing on my experience as a climber and health care decisions. A woman who was outdoorsman, I was going to talk to the grad- SENIORS’ HEALTH CARE FREEDOM forced into Medicare against her wishes summed it up best in a letter to my office, uates about the lessons they could learn from ACT ‘‘. . . I should be able to choose the medical the natural world around them as they em- arrangements I prefer without suffering the barked upon their next journey. I hoped to re- HON. RON PAUL penalty that is being imposed.’’ I urge my col- mind them that they are surrounded by beauty OF TEXAS IN THE HOUSE OF REPRESENTATIVES leagues to protect the right of seniors to make and should take time to take note of the qual- the medical arrangements that best suit their ity of air and light around them. Much like Wednesday, February 2, 2005 own needs by cosponsoring the Seniors’ being atop our San Juan Mountains, they too Mr. PAUL. Mr. Speaker, I rise to introduce Health Care Freedom Act. were on the roof of the,world. Not only can the Seniors’ Health Care Freedom Act. This f they look down with a sense of pride from the act protects seniors’ fundamental right to peak they have just climbed in earning their make their own health care decisions by re- TRIBUTE TO ATTORNEY JERRY degree. From this new found height they can pealing federal laws that interfere with seniors’ MILANO see the myriad peaks on the horizon for the ability to form private contracts for medical first time because they have worked hard to services. This bill also repeals laws which HON. STEPHANIE TUBBS JONES better themselves through education. They force seniors into the Medicare program OF OHIO can now see the boundless opportunities against their will. When Medicare was first es- IN THE HOUSE OF REPRESENTATIVES available to them. Among these opportunities tablished, seniors were promised that the pro- Wednesday, February 2, 2005 are those involving public service. gram would be voluntary. In fact, the original Mrs. JONES of Ohio. Mr. Speaker, Jerry A friend and man I admire, Senator JOHN Medicare legislation explicitly protected a sen- Milano was one of Cleveland’s most aggres- MCCAIN, has said that military service gave ior’s right to seek out other forms of medical sive, flamboyant and skilled defense lawyers. him an opportunity to serve a cause bigger insurance. However, the Balanced Budget Act He was equally respected by veteran trial law- than personal self-interest. I could not say it of 1997 prohibits any physician who forms a yers and the young lawyers, who were ‘‘just any better, and I hope all graduates take this private contract with a senior from filing any learning the ropes.’’ Attorney Kenneth underlying message to heart whether they Medicare reimbursement claims for two years. Seminatore remembers being ‘‘educated’’ by As a practical matter, this means that seniors enter military service or not. Senator MCCAIN’s the seasoned trial lawyer Milano. wisdom speaks to all of us. cannot form private contracts for health care ‘‘I learned a great deal about attitude and services. technique from him. In the courtroom, Milano I want to take this opportunity to recognize Seniors may wish to use their own re- was magic. He never used notes when talking their hard work and the support of their fami- sources to pay for procedures or treatments to the jury. He had an uncanny ability to focus lies and congratulate them on their graduation. not covered by Medicare, or to simply avoid on the facts that were important, that would I ask my colleagues to join me in recognizing the bureaucracy and uncertainty that comes persuade a jury, and which appeared to be the Ft. Lewis College Winter Graduating Class when seniors must wait for the judgment of a coming from his heart, not a script.’’ of 2004. I know I join their friends and family Center from Medicare and Medicaid Services Seven years ago Milano’s friends in the in taking great pride in this laudable achieve- (CMS) bureaucrat before finding out if a de- Cuyahoga County Defense Lawyers Associa- ment. sired treatment is covered. tion honored him with its Lifetime Achievement

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

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.001 E02PT1 E134 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 award. They roasted him by sharing stories of Ground Zero and it only has been funded for contributor to and advocate for the Center for his nearly fifty year career. According to a a 5-year period, not the 20 years suggested Women’s Health Research. Susan Kirk is a friend ‘‘Jerry had a terrific sense of humor. by the medical community. key player in many, if not most, charitable en- And that he just laughed and laughed.’’ To remedy this problem we are reintro- deavors in our community. Jerry Milano had a reputation of being a ducing the ‘‘Remember 9/11 Health Act’’ (H.R. Susan held leadership roles at the Univer- tough, thorough and always prepared advo- 4059 in the 108th Congress). sity of Colorado during both triumphs and cate for his clients. He also had a reputation The ‘‘Remember 9/11 Health Act’’ contains challenging times. She has always been more of being a kind and generous man who count- four main points: Treatment, Expanded Moni- interested in staying true to friendships and ed among his friends one-time adversaries. toring, Research and Coordination. looking for solutions than in stirring con- Many stories have been told over the years of I. Providing Treatment.—Modeled after a troversy and grabbing headlines. The strength his many generous acts on behalf of other program that provides health insurance for in- and grace of her leadership has meant a great lawyers, friends and persons he only knew as jured volunteer forest firefighters, this bill pro- deal to our community and is something I per- acquaintances. vides federal health insurance to individuals sonally admire. Stories have been told about some of Jerry suffering injuries and/or health problem as a I ask my colleagues to join me recognizing Milano’s courtroom antics. Many of the stories result of the September 11th Terrorist Attacks. my friend, Susan Kirk for her immeasurable describe humorous, good natured acts before Recipients do not pay for any health care ex- contribution to the University of Colorado. I the bench. Some of the stories, while humor- penses, including prescription drugs and co- wish her and her husband Dick much health ous, led to the mischievous lawyer having his payments. This program also includes mental and happiness in their future endeavors. wrist slapped by the presiding judge. His health coverage. f comic behaviors, never mean spirited, showed II. Expanding Health Monitoring.—Maintains his quick wit and light-hearted sense of humor. current monitoring program that is screening a IN RECOGNITION OF JAMESON JO- Attorney Jerry Milano, a graduate of Kent limited number of rescue and recovery work- SEPH COLLINS UPON HIS State University and Cleveland Marshall Col- ers, including the separate program for the ACHIEVEMENT OF EAGLE SCOUT lege of Law, tried cases of great notoriety. His Fire Department, while expanding it to a level COURT OF HONOR clients, his opposing counsel, the presiding recommended by the public health community. judge and jury had an opportunity to witness III. Research.—Directs the National Insti- HON. ELLEN O. TAUSCHER a professional. He defended his clients ag- tutes of Health to conduct or support diag- OF CALIFORNIA gressively, competently, and according to the nostic and treatment research for health condi- IN THE HOUSE OF REPRESENTATIVES Canons of Ethics. After more than fifty (50) tions that are associated with the exposure to Wednesday, February 2, 2005 years of practice in Ohio, Florida and Ala- the terrorist attacks of September 11, 2001. bama, Attorney Jerry Milano retired because IV. Coordination.—Establishes the 9/11 Mrs. TAUSCHER. Mr. Speaker, I rise today of illness. Health Emergency Coordinating Council under to pay tribute to my constituent Jameson Jo- As a young assistant county prosecutor, I the direction of the Department of Health and seph Collins of Eagle Scout troop No. 204 in watched in awe, and gained valuable insight, Human Services for the purpose of discussing, Lafayette, California, as he receives the distin- as Attorney Milano examined a prosecution examining, and formulating recommendations guished honor of the Eagle Scout rank. witness. As a judge I enjoyed trying cases for the adequacy and coordination of the Fed- The honor of Eagle Scout is given only to with Jerry. He made the prosecutors do their eral Government, State government and local those young men who have demonstrated that jobs. As friends, Jerry and Rita Milano have governments response to the terrorist attacks that they have fulfilled its rigorous require- been with me through all of my ups and of September 11, 2001. ments, including living by the Scout Oath and downs. Thank you for your friendship. Providing a coordinated federal response Law, rising through the Boy Scout ranks, earn- On behalf of the United States Congress that includes not only monitoring, but treat- ing 21 merit badges, serving as a leader, and and the citizens of the 11th Congressional ment and research is the right thing to do. We planning and leading a service project for their District, Ohio, I extend condolences to Rita, need to send a message to rescue and recov- community. This is not an honor given out Jay and Debbie Milano on the loss of a loving ery workers everywhere that if you are there lightly: this young man is becoming an Eagle family man and friend. I join the Bar in cele- for us when we need you, we will also be Scout because he is intelligent, dedicated, and brating the life and times of a legal superstar. there when you need us. Anything short of principled. f that is unfair and could jeopardize the rescue I am proud to call Jameson Joseph Collins and recovery response to future national my constituent, for he is a shining example of INTRODUCTION OF THE emergency. the promise of the next generation. Indeed, he ‘‘REMEMBER 9/11 HEALTH ACT’’ f represents the best of the young people in our country. I extend my sincere congratulations to HON. CAROLYN B. MALONEY HONORING SUSAN KIRK him and his family, on this momentous occa- OF NEW YORK sion. IN THE HOUSE OF REPRESENTATIVES HON. MARK UDALL f OF COLORADO Wednesday, February 2, 2005 CONGRATULATING THE 2004 FLOR- IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, today I am IDA HIGH SCHOOL ATHLETIC AS- introducing the ‘‘Remember 9/11 Health Act’’ Wednesday, February 2, 2005 SOCIATION CLASS 4A STATE with Representatives SHAYS, NADLER, OWENS, Mr. UDALL of Colorado. Mr. Speaker, I rise FOOTBALL CHAMPIONS RON KIND, MCDERMOTT, MCCARTHY, and HIN- today to honor University of Colorado Regent CHEY. Susan Kirk. Regent Kirk was elected to rep- HON. ADAM H. PUTNAM During the days following September 11, resent the First Congressional District in 1992 OF FLORIDA 2001, tens of thousands of people rushed to and was re-elected in 1998 by an over- IN THE HOUSE OF REPRESENTATIVES the World Trade Center to assist in the rescue whelming margin. She was elected chair of and recovery efforts. Their mission was the board in 1997 where she provided leader- Wednesday, February 2, 2005 clear—to help the people suffering from the at- ship on the creation of a Women’s Studies de- Mr. PUTNAM. Mr. Speaker, I want to con- tack. Now, more than 3 years after the at- gree and the application for transfer and con- gratulate the 2004 Florida High School Athletic tacks, rescue and recovery workers remain veyance of the Fitzsimmons property. Susan Association, FHSAA, Class 4A State Football sick and out of work as a direct result of their had served the maximum 12 years allowed Champion Seffner Armwood High School exposure to Ground Zero. To make matters when her term ended in 2004. Hawks from the 12th Congressional District of worse, many sick rescue and recovery work- Regent Kirk has been a tireless champion of Florida. ers no longer have health care insurance due women’s and children’s rights, equal oppor- The Hawks won their second straight State to their long-term unemployment. Despite this tunity and treatment, and expanding access to title after a hard fought victory over the Lake public health emergency, there is still no one higher education. Her altruistic efforts in the Gibson Braves also from 12th Congressional in charge, there is no money for treatment, community are legendary. She and her hus- District. I also want to recognize the valiant ef- there is no research into its cause, the moni- band Dick established the Susan Kirk Scholar- forts of the entire Lake Gibson football team, toring program established by Congress can ship for female students in the Graduate even though they came up short in this year’s only screen a fraction of those exposed to School of Public Affairs. She has also been a state championship game.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.004 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E135 I commend the champion Seffner Armwood The Ojito Wilderness Study Area is charac- and divide political coloration in the officer football team for a wonderful and magical run terized by pristine and dramatic landforms and corps, provide geographical balance to our this year. The people of Florida and rock structures, and by several rare plant pop- armed services, and to make the officer corps Hillsborough County are proud of you. You ulations that are indigenous to the area. This more resilient to unfettered nepotism and have all demonstrated that hard work, perse- area is also recognized for its high density of handicapped European armies. verance and unity are the foundation of suc- cultural and archeological sites, including sites In 1854, Representative Gerritt Smith of cess. that have religious significance to Pueblo Indi- New York added a new component to the I applaud both Seffner Armwood and run- ans. academy nomination process—the academy ner-ups Lake Gibson’s football coaching staff In particular, this legislation is important to review board. This was the first time a Mem- for their commitment and dedication to their the Pueblo of Zia. The Pueblo’s reservation ber of Congress appointed prominent citizens players and for proving that hard work, sports- lands currently lie in two noncontiguous sec- from his district to screen applicants and as- manship and determination pay off. tions. Zia has made a concerted effort over sist with the serious duty of nominating can- I salute the Seffner Armwood High School many years to adjoin its reservation lands. didates for academy admission. Today, I am students, teachers, coaches and the entire This legislation will help make this long-stand- honored to continue this wise tradition in my football team on their achievement as once ing goal a reality. The Pueblo has consistently service to the 11th Congressional District. again victors of the Class 4A State champion- and openly worked in cooperation with other The Academy Review Board is composed of ship football game. interested parties to reach a mutually satisfac- six local citizens who have shown exemplary f tory arrangement for the protection of these service to New Jersey, to their communities, important lands as undeveloped open space THE OJITO WILDERNESS ACT and to the continued excellence of education with continued public access. And, in an addi- in our area—many are veterans. Though from tional gesture of good faith, the Pueblo has diverse backgrounds and professions, they all HON. TOM UDALL waived its sovereign immunity from suit for share a common dedication that the best OF NEW MEXICO matters arising under the provisions of this bill. qualified and motivated graduates attend our IN THE HOUSE OF REPRESENTATIVES Considering the above, I believe this bill academies. And, as true for most volunteer Wednesday, February 2, 2005 does the right thing by ensuring the preserva- panels, their service goes largely unnoticed. tion, protection, and public accessibility of this Mr. UDALL of New Mexico. Mr. Speaker, I I would like to take a moment to recognize special area of New Mexico for future genera- these men and women and thank them pub- rise today to introduce the Ojito Wilderness tions of Americans. Allow me to express a Act. This bill designates the Ojito Wilderness licly for participating in this important panel. special thanks to my cosponsor in the House, Being on the board requires hard work and an Study Area, an area totaling approximately Representative HEATHER WILSON, and to the 11,000 acres, as a permanent wilderness area objective mind. Members have the responsi- members of the New Mexico delegation in the bility of interviewing upwards of 50 outstanding to be protected pursuant to the 1964 Wilder- Senate. ness Act. The bill also provides for the pur- high school seniors every year in the academy f chase and transfer of adjacent Bureau of Land review process. Management, BLM, lands, contiguous to the ACADEMY NOMINEES FOR 2004 The nomination process follows a general established boundaries of the Pueblo of Zia, 11TH CONGRESSIONAL DISTRICT timetable. High school seniors mail personal by the Pueblo. This land, an area totaling ap- OF NEW JERSEY information directly to the Military Academy, proximately 13,000, will then be taken into the Naval Academy, the Air Force Academy, trust and held for the benefit for the Pueblo by HON. RODNEY P. FRELINGHUYSEN and the Merchant Marine Academy once they the Secretary of the Interior, and would subse- become interested in attending. Information in- OF NEW JERSEY cludes academic achievement, college entry quently be managed by the Pueblo in per- IN THE HOUSE OF REPRESENTATIVES petuity as wilderness. test scores, and other activities. At this time, This bipartisan, bicameral legislation is the Wednesday, February 2, 2005 they also inform my office of their desire to be result of true collaboration among many peo- Mr. FRELINGHUYSEN of New Jersey. Mr. nominated. ple in New Mexico. Very similar versions of Speaker, every year, more high school seniors The academies then assess the applicants, this bill were introduced, deliberated on, and from the 11th Congressional District trade in rank them based on the data supplied, and re- passed unanimously in both the House and varsity jackets for navy pea coats, Air Force turn the files to my office with their notations. the Senate during the 108th Congress. This is flight suits, and Army brass buckles than most In late November, our Academy Review Board truly a compromise bill, and I look forward to other districts in the country. But this is noth- interviews all of the applicants over the course its swift passage in the House. I am proud to ing new—our area has repeatedly sent an of 2 days. They assess a student’s qualifica- say that in New Mexico most of the people I above average portion of its sons and daugh- tions and analyze character, desire to serve, meet recognize how vitally important it is to ters to the nation’s military academies for dec- and other talents that may be hidden on protect natural areas, to encourage the sus- ades. paper. tainable use of our State’s natural resources, This fact should not come as a surprise. This year the board interviewed over 40 ap- and to honor the role of land in the lives of The educational excellence of area schools is plicants. Nominations included 10 to the Naval Native Americans. As this Ojito legislation well known and has long been a magnet for Academy, 11 to the Military Academy, 4 to the demonstrates, with creativity and cooperation families looking for the best environment in Merchant Marine Academy and 4 to the Air we can find mutually compatible solutions for which to raise their children. Our graduates Force Academy—the Coast Guard Academy all of these necessities. are skilled not only in mathematics, science, does not use the congressional nomination This proposal has been under consideration and social studies, but also have solid back- process. The recommendations are then for- for many years. In 1991, Manuel Lujan, the grounds in sports, debate teams, and other warded to the academies by January 31, Secretary of the Interior in the former Presi- extracurricular activities. This diverse upbring- where recruiters reviewed files and notified ap- dent Bush’s cabinet, recommended the Ojito ing makes military academy recruiters sit up plicants and my office of their final decision on area to Congress for wilderness designation. and take note—indeed, many recruiters know admission. The BLM has evaluated this area and found it our towns and schools by name. As these highly motivated and talented qualifies for full wilderness status and protec- Since the 1830s, Members of Congress young men and women go through the acad- tion. have enjoyed meeting, talking with, and nomi- emy nominating process, never let us forget The legislation has the explicit support of nating these superb young people to our mili- the sacrifice they are preparing to make: to the Governor of New Mexico, the counties of tary academies. But how did this process defend our country and protect our citizens. Sandoval and Bernalillo, individual members evolve? In 1843, when West Point was the This holds especially true at a time when our of State government including our State Land sole academy, Congress ratified the nomi- nation is fighting the war against terrorism. Commissioner Patrick Lyons, the Pueblo of nating process and became directly involved Whether it is in Afghanistan, Iraq, or other hot Zia and its members, the adjacent private land in the makeup of our military’s leadership. This spots around the world, no doubt we are con- owners and individuals who graze their cattle was not an act of an imperial Congress bent stantly reminded that wars are fought by the on the land, numerous environmental groups, on controlling every aspect of Government. young. And, while our military missions are mineral extraction companies in the region, Rather, the procedure still used today was, both important and dangerous, it is reassuring and business owners and private citizens liv- and is, a further check and balance in our de- to know that we continue to put America’s ing and working nearby. mocracy. It was originally designed to weaken best and brightest in command.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.008 E02PT1 E136 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 ACADEMY NOMINEES FOR 2004, 11TH number of people, which would otherwise go risdiction was premised on concerns that State CONGRESSIONAL DISTRICT, NEW JERSEY unaddressed because the cost to the individ- courts might discriminate against out of State AIR FORCE ACADEMY uals suing could far exceed the benefit to the defendants. In a class action, only the citizen- Dennis N. Stenkamp, Sparta, Sparta H.S. individual. However, class actions are increas- ship of the named plaintiffs is considered for Bryant J. Tomlin, Sparta, Sparta H.S. ingly being used in ways that do not promote determining diversity, which means that Fed- John P. Libretti, Pine Brook, Seton Hall the interests they were intended to serve. eral diversity jurisdiction will not exist if the Prep In recent years, State courts have been named plaintiff is a citizen of the same State Benjamin A. Kalfas, Montville, Montville flooded with class actions. As a result of the as the defendant, regardless of the citizenship H.S. adoption of different class action certification of the rest of the class. Congress also im- MERCHANT MARINE standards in the various States, the same poses a monetary threshold—now $75,000— Matthew R. Brady, Chatham, Chatham H.S. class might be certifiable in one State and not for Federal diversity claims. However, the Ryan T. Davidson, Randolph, Randolph H.S. another, or certifiable in State court but not in amount in controversy requirement is satisfied Anthony J. Day, Flanders, Mt. Olive H.S. Ashley Lally, Sparta, Sparta H.S. Federal court. This creates the potential for in a class action only if all of the class mem- abuse of the class action device, particularly bers are seeking damages in excess of the MILITARY ACADEMY when the case involves parties from multiple statutory minimum. Anthony Arbolino, Netcong, Lenape Valley States or requires the application of the laws These jurisdictional statutes were originally H.S. of many States. enacted years ago, well before the modern Brianna A. Beckman, Kinnelon, Kinnelon class action arose, and they now lead to per- H.S. For example, some State courts routinely Kristen Cassarini, Rockaway, Morris Hills certify classes before the defendant is even verse results. For example, under current law, H.S. served with a complaint and given a chance to a citizen of one State may bring in Federal Christopher R. Elam, Oak Ridge, Jefferson defend itself. Other State courts employ very court a simple $75,001 slip-and-fall claim H.S. lax class certification criteria, rendering vir- against a party from another State. But if a Matthew J. Gnad, Kinnelon, Kinnelon H.S. tually any controversy subject to class action class of 25 million product owners living in all John M. Kilcoyne, Essex Fells, West Essex treatment. There are instances where a State 50 States brings claims collectively worth $15 H.S. billion against the manufacturer, the lawsuit Kristen Laraway, Long Valley, West Morris court, in order to certify a class, has deter- mined that the law of that State applies to all usually must be heard in State court. Central H.S. This result is certainly not what the framers Shawn P. McKinstry, Bloomingdale, Trinity claims, including those of purported class Christian School members who live in other jurisdictions. This had in mind when they established Federal di- Michael A. Robinson, Brookside, West Morris has the effect of making the law of that State versity jurisdiction. Our bill offers a solution by Mendham H.S. applicable nationwide. making it easier for plaintiff class members Abigail E. Zoellner, Basking Ridge, Ridge The existence of State courts that broadly and defendants to remove class actions to H.S. apply class certification rules encourages Federal court, where cases involving multiple Joshua A. Lospinoso, Florham Park, Han- plaintiffs to forum shop for the court that is State laws are more appropriately heard. over Park H.S. most likely to certify a purported class. In addi- Under our bill, if a removed class action is NAVAL ACADEMY tion to forum shopping, parties frequently ex- found not to meet the requirements for pro- Raymond F. Allen, Califon, West Morris Cen- ploit major loopholes in Federal jurisdiction ceeding on a class basis, the Federal court tral H.S. statutes to block the removal of class actions would dismiss the action without prejudice and Ashley Asdal, Chester, West Morris the action could be refiled in State court. Mendham H.S. that belong in Federal court. For example, plaintiffs’ counsel may name parties that are In addition, the bill provides a number of Sean K. Bergstrom, Mendham, Delbarton new protections for plaintiff class members, in- School not really relevant to the class claims in an ef- Thomas D. Brenner, Jr., Livingston, Living- fort to destroy diversity. In other cases, coun- cluding greater judicial scrutiny for settlements ston H.S. sel may waive Federal law claims or shave that provide class members only coupons as Michael Collett, Chester, Delbarton School the amount of damages claimed to ensure that relief for their injuries. The bill also bars the Jonathan E. DeWitt, Mendham, West Morris the action will remain in State court. approval of settlements in which class mem- Mendham H.S. Another problem created by the ability of bers suffer a net loss. In addition, the bill in- Mark Infante, Chester, Delbarton School cludes provisions that protect consumers from Patrick Leahey, Morris Plains, Morristown State courts to certify class actions which ad- judicate the rights of citizens of many States being disadvantaged by living far away from H.S. the courthouse. These additional consumer Ashwin Rajaram, Flanders, Mount Olive H.S. is that oftentimes more than one case involv- Brian Schoenig, Pompton Plains, ing the same class is certified at the same protections will ensure that class action law- Pequannock H.S. time. In the Federal court system, those cases suits benefit the consumers they are intended f involving common questions of fact may be to compensate. transferred to one district for coordinated or This legislation does not limit the ability of INTRODUCTION OF THE CLASS consolidated pretrial proceedings. anyone to file a class action lawsuit. It does ACTION FAIRNESS ACT OF 2005 When these class actions are pending in not change anyone’s right to recovery. Our State courts, however, there is no cor- legislation merely closes the loophole, allowing HON. BOB GOODLATTE responding mechanism for consolidating the Federal courts to hear big lawsuits involving OF VIRGINIA competing suits. Instead, a settlement or judg- truly interstate issues, while ensuring that purely local controversies remain in State IN THE HOUSE OF REPRESENTATIVES ment in any of the cases makes the other class actions moot. This creates an incentive courts. This is exactly what the framers of the Wednesday, February 2, 2005 for each class counsel to obtain a quick settle- Constitution had in mind when they estab- Mr. GOODLATTE. Mr. Speaker, I am ment of the case, and an opportunity for the lished Federal diversity jurisdiction. pleased to introduce today, along with my defendant to play the various class counsels I urge each of my colleagues to support this good friend from Virginia, Mr. BOUCHER, the against each other and drive the settlement very important bipartisan legislation. Class Action Fairness Act of 2005. value down. The loser in this system is the f This much-needed bipartisan legislation cor- class member whose claim is extinguished by CONGRATULATING JUDD AND rects a serious flaw in our Federal jurisdiction the settlement, at the expense of counsel SUSAN SHOVAL AND GUARD IN- statutes. At present, those statutes forbid our seeking to be the one entitled to recovery of SURANCE GROUP UPON RECEIV- Federal courts from hearing most interstate fees. ING THE WILKES-BARRE 2005 class actions—the lawsuits that involve more Our bill is designed to prevent these abuses COMMUNITY LEADERSHIP money and touch more Americans than vir- by allowing large interstate class action cases AWARD tually any other type of litigation in our legal to be heard in Federal court. It would expand system. the statutory diversity jurisdiction of the Fed- HON. PAUL E. KANJORSKI The class action device is a necessary and eral courts to allow class action cases to be OF PENNSYLVANIA important part of our legal system. It promotes brought in or removed to Federal court. IN THE HOUSE OF REPRESENTATIVES efficiency by allowing plaintiffs with similar Article III of the Constitution empowers Con- claims to adjudicate their cases in one pro- gress to establish Federal jurisdiction over di- Wednesday, February 2, 2005 ceeding. It also allows claims to be heard in versity cases—cases between citizens of dif- Mr. KANJORSKI. Mr. Speaker, I rise today cases where there are small harms to a large ferent States. The grant of Federal diversity ju- to ask you and my esteemed colleagues in the

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.011 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E137 House of Representatives to pay tribute to my only female Senate President in the entire merit badges, serving as a leader, and plan- very good friends Judd and Susan Shoval and country. ning and leading a service project for their their company, GUARD Insurance, who re- When you meet Joan, who stands at about community. This is not an honor given out ceived the Wilkes-Barre 2005 Community 5′1″, the first image that comes to mind is not lightly: this young man is becoming an Eagle Leadership Award at a ceremony on Friday at necessarily that of a woman capable of break- Scout because he is intelligent, dedicated, and the Westmoreland Club in Wilkes-Barre, PA. ing ceilings, glass or otherwise. Yet she has principled. The foundation of GUARD was an entrepre- done just that since she first ran for Jefferson I am proud to call Brandon Michael Runyon neurial expansion for Judd and Susan and a County Clerk and Recorder in 1990. At the my constituent, for he is a shining example of move that showed their commitment to invest- time, many people thought that she had been the promise of the next generation. Indeed, he ing in the community. Prior to GUARD, they recruited to run for County Clerk and Recorder represents the best of the young people in our had founded a commercial property and cas- as little more than a Democratic place holder country. I extend my sincere congratulations to ualty insurance agency called Shoval Associ- on the ballot. No Democrat had won in a him and his family, on this momentous occa- ates. As their business grew, they established county-wide election in the previous 15 years sion. an independent insurance company special- and no woman had ever held the position of f izing in workers’ compensation insurance in County Clerk and Recorder in the history of 1983. Jefferson County. But Joan has always been HARMFUL AND COUNTERPRODUC- In 2004, A.M. Best Co. recognized GUARD more interested in breaking glass ceilings than TIVE UNITED STATES EMBARGO Insurance as an e-Fusion Finalist. This is a in being a place holder. She campaigned hard ON CUBA national awards program that spotlights inno- on a solid platform and won that election. She vative usage of technology to address insur- served in the Clerk and Recorder’s office until HON. RON PAUL ance business challenges. In 2001, GUARD 1998. In 2000, she ran for the Colorado Sen- OF TEXAS was ranked second among the 50 best large ate. IN THE HOUSE OF REPRESENTATIVES places to work in Pennsylvania. Ernst and Again she waged an uphill battle in a district Wednesday, February 2, 2005 Young recognized Judd and Susan with the that was traditionally difficult for a Democrat Regional Entrepreneur-of-the-Year Award in and was once again successful against pop- Mr. PAUL. Mr. Speaker, I rise again this 2001. ular convention of the time. Her victory gave Congress to introduce a bill to lift the harmful Judd and Susan—always community mind- Democrats the one seat majority they needed and counterproductive United States Embargo ed—kept their home office in Wilkes-Barre. to take back control of the Senate. When the on Cuba. They operate seven field offices and have four Democrats lost their majority the following On June 29, 2001, the Texas State legisla- subsidiaries. Their company employs 560 and election cycle, Senator Fitz-Gerald again ture adopted a resolution calling for an end to insures 27,000 employers. made history by become the first female Mi- U.S. economic sanctions against Cuba. Law- Judd and Susan are tremendously involved nority Leader of the Senate. makers emphasized the failure of sanctions to in the community. I have known Susan very In this past election cycle, Joan was one of remove Castro from power, and the unwilling- well as a director of the Earth Conservancy, a the key leaders to orchestrate a plan to take ness of other nations to respect the embargo. non-profit organization I helped found dedi- back the Senate for the Democrats. She did One Texas Representative stated: ‘‘We have a cated to reclaiming and developing 16,000 this while caring for her ailing mother and car- lot of rice and agricultural products, as well as acres of former coal mine lands. I will always ing for her brother who was diagnosed with high-tech products, that would be much be grateful for the time and leadership she de- leukemia. She lost both within 11 days of one cheaper for Cuba to purchase from Texas. All voted to this worthy cause. another after the election. that could come through the ports of Houston Judd is also involved with the community, It is a sign of the sincerity and strength of and Corpus Christi.’’ I wholeheartedly support including service on the boards of local univer- one’s character when friends and foes alike this resolution, and I have introduced similar sities, the Jewish Community Center and the agree about another person’s character. Any- Federal legislation in past years to lift all trade, United Jewish Campaign. He is also the chair- one who knows her, friend or foe, will say that travel, and telecommunications restrictions man of CityVest, a nonprofit organization I she is a fighter. More than that she is also a with Cuba. I only wish Congress understood helped found to serve as a developer of last person interested in advancing the goals of the simple wisdom expressed in Austin; so resort. CityVest has already renovated several community service. She may be on the verge that we could end the harmful and ineffective classic old homes on South Franklin Street of becoming Colorado’s Harry Truman. But trade sanctions that serve no national pur- and is now embarking on perhaps Wilkes- then again, maybe Harry Truman was Mis- pose. Barre’s premiere landmark, The Hotel Sterling. souri’s Joan Fitz-Gerald. I oppose economic sanctions for two very Judd earned a law degree from the Hebrew Senator Joan Fitz-Gerald is a strong, smart, simple reasons. First, they don’t work as effec- University of Jerusalem. Originally from Aus- savvy woman. I am proud that she is the Col- tive foreign policy. Time after time, we have tria, Judd had moved to America in the early orado State Senate President and even more failed to unseat despotic leaders by refusing to 1970s. A native of Northeastern Pennsylvania, proud that she is my friend. I ask my col- trade with the people of those nations. If any- Susan graduated magna cum laude with an leagues on both sides of the aisle to join me thing, the anti-American sentiment aroused by economics degree from Cornell University and in honoring Joan Fitz-Gerald for her achieve- sanctions often strengthens the popularity of with highest honors from the College of Insur- ment. such leaders, who use America as a conven- ient scapegoat to divert attention from their ance in New York City. Judd and Susan have f four children: Ben, Deborah, Karyn, and Re- own tyranny. So while sanctions may serve becca. IN RECOGNITION OF BRANDON MI- our patriotic fervor, they mostly harm innocent Mr. Speaker, please join me in congratu- CHAEL RUNYON UPON HIS citizens and do nothing to displace the govern- lating these two entrepreneurs who have given ACHIEVEMENT OF EAGLE SCOUT ments we claim as enemies. so much to their community. They are most COURT OF HONOR Second, sanctions hurt American industries, deserving of the Wilkes-Barre 2005 Commu- particularly agriculture. Sanctions destroy nity Leadership Award. HON. ELLEN O. TAUSCHER American jobs. Every market we close to our Nation’s farmers is a market exploited by for- f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES eign farmers. China, Russia, the Middle East, HONORING COLORADO SENATE North Korea, and Cuba all represent huge PRESIDENT JOAN FITZ-GERALD Wednesday, February 2, 2005 markets for our farm products, yet many in Mrs. TAUSCHER. Mr. Speaker, I rise today Congress favor current or proposed trade re- HON. MARK UDALL to pay tribute to my constituent Brandon Mi- strictions that prevent our farmers from selling OF COLORADO chael Runyon of Eagle Scout troop #204 in to the billions of people in these countries. IN THE HOUSE OF REPRESENTATIVES Lafayette, California, as he receives the distin- Given our status as one of the world’s largest guished honor of the Eagle Scout rank. agricultural producers, why would we ever Wednesday, February 2, 2005 The honor of Eagle Scout is given only to choose to restrict our exports? The only bene- Mr. UDALL of Colorado. Mr. Speaker, I rise those young men who have demonstrated that ficiaries of our sanctions policies are our for- today to honor my good friend, Joan Fitz-Ger- they have fulfilled its rigorous requirements, in- eign competitors. ald. Senator Fitz-Gerald is the first woman to cluding living by the Scout Oath and Law, ris- I certainly understand the emotional feelings lead the Colorado State Senate and is the ing through the Boy Scout ranks, earning 21 many Americans have toward nations such as

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.014 E02PT1 E138 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 Cuba. Yet we must not let our emotions over- INTRODUCTION OF THE ‘‘VICTIMS HONORING THE SERVICE OF whelm our judgment in foreign policy matters, COMPENSATION FUND EXTEN- ELAINE T. VALENTE because ultimately human lives are at stake. SION ACT’’ Economic common sense, self-interested for- HON. MARK UDALL eign policy goals, and humanitarian ideals all HON. CAROLYN B. MALONEY OF COLORADO point to the same conclusion: Congress IN THE HOUSE OF REPRESENTATIVES OF NEW YORK should work to end economic sanctions Wednesday, February 2, 2005 against all nations immediately. IN THE HOUSE OF REPRESENTATIVES Mr. UDALL of Colorado. Mr. Speaker, I rise The legislation I introduce today is rep- Wednesday, February 2, 2005 today to acknowledge a good friend and a resentative of true free trade in that while it hard-working public servant, Ms. Elaine opens trade, it prohibits the U.S. Taxpayer Mrs. MALONEY. Mr. Speaker, today I along Valente. Elaine is retiring as a Commissioner from being compelled to subsidize the United with Representatives NADLER, BISHOP, OWENS, for Adams County, Colorado after 16 years of States government, the Cuban government or MCCARTHY and SERRANO are introducing the dedicated service. individuals or entities that choose to trade with ‘‘Victims Compensation Fund Extension Act.’’ Commissioner Valente was born and raised Cuban citizens. In the immediate aftermath of the Sep- in Adams County Colorado. She and her hus- tember 11 terrorist attacks the Congress cre- band Larry own the successful Valente’s Deli, f ated the Victims Compensation Fund (VCF) to are proud parents of two accomplished chil- provide compensation for victims of 9/11. This TRIBUTE TO MAYOR PATRICIA S. dren, and are passionate community activists. fund provided aid to the families of 9/11 vic- MEARNS Elaine’s interest in her community began tims and to individuals who suffered personal long before assuming her role as County injury. Among other things, aid from the fund Commissioner. She served on the Adams HON. STEPHANIE TUBBS JONES pays for medical expenses and lost wages. In County Planning Commission, the City of return for accepting these funds, recipients re- OF OHIO Westminster Urban Renewal Authority, the linquished rights to any future litigation. The Westminster Planning Commission, the Citi- IN THE HOUSE OF REPRESENTATIVES fund had a deadline for applicants of Decem- zen’s Evaluation for Retention of Judges, and Wednesday, February 2, 2005 ber 22, 2003. the School District 50 Superintendent’s Parent At the deadline, close to 100 percent of the Mrs. JONES of Ohio. Mayor Patricia S. Advisory Committee. families who lost a loved one had filed with Her deep passion to give something back to Mearns has distinguished herself in the Shak- the fund, but many individuals who were in- her community and to help improve Colorado er Heights community, as a loyal public serv- jured as a direct result of 9/11 had not. After is what motivated her to run for County Com- ant and volunteer for the numerous organiza- the filing, many of the injured were denied missioner in 1988. Elaine was victorious in tions she is a member of and causes that she benefits, despite a clear need. that election and quickly became an out- actively works to support. For these reasons spoken advocate for Adams County’s commu- Mayor Patricia S. Mearns has been honored The main reasons for not filing applications nities. As Chairman of the Board of County with the first Martin Luther King, Jr. Human included people who did not know they were Commissioners she took an interest in many Relations Award. eligible as well as others whose injuries were late-onset. There are literally hundreds of indi- issues affecting her constituency, helping pave Mayor Patricia S. Mearns civic involvement viduals who are now just developing career- the way for future economic development, in the Shaker Heights community began as ending injuries—such as pulmonary and res- transportation improvements, air traffic invest- President of the Malvern School PTA in the piratory ailments—but are not eligible to re- ments and reform of county services. When I late 1970s and later climaxed as Mayor of ceive assistance because they developed their was elected to Congress in 1998 I knew that Shaker Heights. Her dedication and complete symptoms after the deadline. one of my first objectives was to learn as belief in racial equality played a major role in much as I could from Elaine, not only about her social and family policies. Largely as a result of the VCF’s restrictions on applicants, 1,755 of the 4,430 personal in- one of Colorado’s fastest growing commu- Mayor Patricia S. Mearns has worked hard jury claims considered were denied. While nities, but also about effective public service. to strengthen neighborhood organizations by there was some leeway, the rules required Elaine is the kind of person who speaks her encouraging members of cultural and racial workers to have arrived at Ground Zero within mind with a blend of honest bluntness and minority groups to become involved in all as- 96 hours of the attack and would have needed old-school graciousness. As a daughter of pects of city life. As a member of the Shaker to seek medical treatment within 72 hours. Italian-Americans she also established a rep- Family Center, Fund for the Future, Shaker This is reasonable for rescue workers who utation for leadership on behalf of ethnic mi- Heights Meals on Wheels and Shaker Youth suffered immediate injuries, but leaves no re- norities. Center boards of trustees, she has led by ex- Mr. Speaker, I ask my colleagues to join me course for individuals with late-onset injuries ample and has an outstanding reputation for in honoring Ms. Elaine Valente and in wishing or who arrived after September 15, 2001 to accomplishing her goals. Two excellent exam- her success in all her future endeavors. It has assist in the recovery effort and are now suf- ples of her effectiveness as a leader are the been a true privilege to work with such a re- fering from injuries. successful campaigns of the Shaker Heights markable woman. In order to care for the individuals who are Levy of 1981 and the more recent levy of the f Shaker Heights Library. now just developing physical injuries and to provide an opportunity for injured individuals IN RECOGNITION OF NICHOLAS Mayor Patricia S. Mearns continues her in- who did not know they were eligible, we are GEORGE RICHARDSON UPON HIS volvement in numerous organizations locally re-introducing the Victims Compensation Fund ACHIEVEMENT OF EAGLE SCOUT even after her tenure as the mayor of Shaker Extension Act (H.R. 5076 in the 108th Con- COURT OF HONOR Heights concluded. Her public service, com- gress). munity service and organizational interest areas include: children, education, families, This bill would: HON. ELLEN O. TAUSCHER and race relations. Her involvement in the St. Amend eligibility rules so that responders to OF CALIFORNIA Luke’s Foundation, Shaker Square Kiwanis the 9/11 attacks who arrived later than the first IN THE HOUSE OF REPRESENTATIVES Club, Housing Research and Advocacy Cen- 96 hours could be eligible if they experienced Wednesday, February 2, 2005 ter, Cuyahoga County Task Force on Elder illness or injury from their work at the site. Mrs. TAUSCHER. Mr. Speaker, I rise today Friendly Communities and the Shaker Square Amend eligibility rules so that those who did to pay tribute to my constituent Nicholas Area Development Corporation, has and con- not seek immediate medical verification for George Richardson of Eagle Scout troop #204 tinues to positively affect the lives of Shaker their illness or injury from the disaster, but in Lafayette, California, as he receives the dis- Heights residents. who have since obtained medical evidence, tinguished honor of the Eagle Scout rank. On behalf of the United States Congress would be eligible. The honor of Eagle Scout is given only to and the citizens of the 11th Congressional Extend the deadline for applications to allow those young men who have demonstrated that District, Ohio, I extend my congratulations to those with either late-onset illness from the that they have fulfilled its rigorous require- an outstanding public servant, a fantastic and disaster or those who were never informed of ments, including living by the Scout Oath and talented woman, the Honorable Mayor Patrica their eligibility for the Victim Compensation Law, rising through the Boy Scout ranks, earn- S. Mearns. Fund to consider applying. ing 21 merit badges, serving as a leader, and

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.017 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E139 planning and leading a service project for their to establish, expand or improve tribal veterans port of H.R. 2983, the Native American Vet- community. This is not an honor given out cemeteries. Moreover, if a Native American erans Cemetery Act of 2003 (Act). The Act lightly: this young man is becoming an Eagle tribe were awarded a state cemetery grant, will authorize the Secretary of Veterans Af- fairs to make grants available to tribal orga- Scout because he is intelligent, dedicated, and the cemetery would be open to all veterans. nizations for establishing, expanding, or im- principled. Historically, Native Americans have the proving Veterans cemeteries on trust land I am proud to call Nicholas George Richard- highest record of service per capita of any eth- owned by, or held in trust for tribal organi- son my constituent, for he is a shining exam- nic group. New Mexico is home to almost zations. The Act has been referred to the ple of the promise of the next generation. In- 9,800 Native American Veterans, making it U.S. House of Representatives Committee on deed, he represents the best of the young one of the top five states in the country with Veterans Affairs, Sub-Committee on Bene- people in our country. I extend my sincere regard to its Native American veteran popu- fits. congratulations to him and his family, on this lation. I believe it is time that Native American Today, American Indian Veterans ceme- veterans who have served our country so hon- teries in Indian Country are either non-exist- momentous occasion. ent or are filled to capacity. As a result, our f orably are allowed to pursue a decent, dig- deceased brothers and sisters in arms are ei- nified resting place on their tribal lands. ther laid to rest in State Veterans Ceme- CONGRATULATING THE 2004 FLOR- Last year, Secretary of Veterans Affairs An- teries far from their homelands and families, IDA HIGH SCHOOL ATHLETIC AS- thony Principi stated in writing that he strongly or in cemeteries without the identifying SOCIATION CLASS 1A STATE supported this bill’s enactment, and because it honor of distinguished service in defense of FOOTBALL CHAMPIONS does not extend any special exceptions or our great nation. benefits to Native American tribes that apply During his second inaugural address, Presi- for state cemetery grants, this bill is budget dent Abraham Lincoln spoke to the mission HON. ADAM H. PUTNAM of the U.S. Department of Veterans Affairs OF FLORIDA neutral. The bill is also supported by the Nav- to ‘‘care for him who shall have borne the IN THE HOUSE OF REPRESENTATIVES ajo Nation, the largest federally recognized battle and his widow and orphan.’’ On a pop- tribe, as well as National American Indian Vet- Wednesday, February 2, 2005 ulation per capita basis, no one has borne erans, Inc (NAIV). In addition to a resolution the battle more than the American Indian Mr. PUTNAM. Mr. Speaker, I want to con- adopted by the Navajo Nation Council, the Veteran and their widows and orphans. gratulate the 2004 Florida High School Athletic New Mexico and Arizona state legislatures American Indian Veterans have served in the Association (FHSAA) Class lA State Football have both passed memorials urging Congress defense of the United States in all its mili- Champion Fort Meade Middle-High School to adopt this measure. I have included with tary conflicts throughout the 20th and 21st Fighting Miners from the 12th Congressional Century. this statement support letters from the VA, Your support of H.R. 2983, the Native District of Florida. Navajo Nation, and NAIV. American Veterans Cemetery Act of 2003, This was an incredible season for the Fight- I would like to thank my colleague Rep- will honor American Indian Veterans by es- ing Miners as they finally became the best resentative TOM COLE of Oklahoma for his tablishing Veterans Cemeteries in Indian football program in Class 1A and one of the strong and early support of this bill, as well as Country. elite teams in Florida under Head Coach Mi- the other 24 original cosponsors. I look for- DONALD E. LOUDNER, chael Hayde. ward to working with all of my colleagues to National Commander. I commend the champion Fort Meade Mid- move this bill during the 109th Congress. ANDERSON MORGAN, dle-High School football team for a wonderful Junior Vice Chairman. THE SECRETARY OF VETERANS AFFAIRS, CASSANDRA MORGAN, and magical run this year. The people of Flor- Washington, July 29, 2004. Treasurer. ida and all of Polk County are proud of you. Hon. TOM UDALL, MICHAEL PAVATEA, You have all demonstrated that hard work, Member, Committee on Veterans’ Affairs, House Senior Vice Com- perseverance and unity are the foundation of of Representatives, Washington, DC. mander. DEAR MR. UDALL: We are pleased to present success. JOEY STRICKLAND, our views on H.R. 2983, 108th Congress, a bill, Chief of Staff. I applaud the entire Fort Meade football ‘‘[t]o amend title 38, United States Code, to coaching staff for their commitment and dedi- BRYCE IN THE WOODS, provide for eligibility of Indian tribal organi- Secretary. cation to their players and for proving that zations for grants for the establishment of hard work, sportsmanship and determination veterans cemeteries on trust lands.’’ This RESOLUTION OF THE INTERGOVERNMENTAL RE- pay off. bill would authorize the Secretary of Vet- LATIONS COMMITTEE OF THE NAVAJO NATION I pay tribute to Fort Meade Middle-High erans Affairs to make grants to tribal orga- COUNCIL nizations to assist them in establishing, ex- School students, teachers, coaches and the APPROVING AND SUPPORTING THE NATIVE AMER- entire football team on their achievement as panding, or improving veterans’ cemeteries in the same manner and under the same con- ICAN VETERANS CEMETERY ACT OF 2003 (H.R. victors of the Class 1A state championship ditions as grants to states are made under 38 2983) INTRODUCED BY U.S. REPRESENTATIVE football game. U.S.C. 2408. TOM UDALL OF NEW MEXICO THAT THE BILL WILL MAKE ALL TRIBES ELIGIBLE TO APPLY f The cemetery-grants program has proven to be an effective way of making the option FOR STATE CEMETERY GRANTS FROM THE U.S. NATIVE AMERICAN VETERANS of veterans-cemetery burials available in lo- DEPARTMENT OF VETERANS AFFAIRS (VA) BURIAL FAIRNESS ACT OF 2005 cations not conveniently served by our na- Whereas: tional cemeteries. H.R. 2983 would create an- 1. Pursuant to 2 N.N.C. §§ 821 and 824(B)(5), other means of accommodating the burial the Intergovernmental Relations Committee HON. TOM UDALL needs of Native American veterans who wish is hereby established as a standing com- OF NEW MEXICO to be buried in tribal lands, and we strongly mittee of the Navajo Nation Council and is IN THE HOUSE OF REPRESENTATIVES support its enactment. to coordinate with all committees, chapters, branches and entities concerned with all Wednesday, February 2, 2005 While we are unsure of the number of grant applications that may be prompted by the Navajo appearances and testimony before Mr. UDALL of New Mexico. Mr. Speaker, I bill’s enactment, we do not assume its pas- Congressional committees, departments of rise today to introduce the Native American sage would result in the appropriation of ad- the United States government, state legisla- Veterans Cemetery Act of 2005. I first intro- ditional funds for the cemetery-grants pro- tures and departments and county and local duced this bill in the 108th Congress, and I gram. Hence, we estimate its enactment governments; and would be budget neutral. 2. Pursuant to 2 N.N.C. §§ 601 and 604(B)(1), am optimistic about its prospects during the The Office of Management and Budget has (3) and (5), the Human Services Committee is 109th Congress. advised that there is no objection to the sub- established and continued as a standing com- The Native American Veterans Cemetery mission of this report from the standpoint of mittee of the Navajo Nation Council, and is Act makes all Native American tribes eligible the Administration’s program. empowered to promulgate regulations for the to apply for state cemetery grants. Under cur- Sincerely yours, enforcement and implementation of the rent law, only states are eligible for these ANTHONY J. PRINCIPI. labor laws and policies of the Navajo Nation grants. The bill would not give preference or and laws relating to veterans services; to recommend legislation regarding employ- special exceptions to Native American tribes NATIONAL AMERICAN INDIAN VETERANS, INC., ment, training, and veterans services; and to that apply for the state cemetery grants. It Mitchell, SD, October 7, 2004. serve as the oversight authority for the Divi- would simply put tribes on equal footing with DEAR CONGRESSIONAL REPRESENTATIVE: sion of Human Resources, including the De- state governments—consistent with tribal sov- The National American Indian Veterans, Inc. partment of Navajo Veterans Affairs ereignty—by allowing them to apply for grants is writing to respectfully request your sup- (DNVA); and

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.021 E02PT1 E140 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 3. The DNVA under the Division of Human tion and notify appropriate Navajo Nation tions in support of an amendment to the law Resources was established to foster the in- committees regarding committee hearings to allow Indian tribes’ participation in the terests of Navajo veterans by advocating and on this legislation. SCGP with funding to establish, expand or providing administration oversight and co- 3. The Intergovernmental Relations Com- improve cemetery on the reservations. The ordination of veterans programs and services mittee of the Navajo Nation Council further DNVA is planning to establish a new vet- of federal, state and tribal governments and recommends that the Office of the President/ erans cemetery, to replace the old and full to private agencies; and Vice President of the Navajo Nation and the capacity Ft. Defiance Veterans Cemetery, 4. Pursuant to Resolution GSCMY–40–03 of full Navajo Nation Council support and au- within the four sacred mountains of the Nav- the Government Services Committee of the thorize this effort and initiative on behalf of ajo Nation to afford burial of Native Amer- Navajo Nation Council, one of the purposes the Navajo Nation veterans. ican and non-native veterans, and their eligi- of the DNVA under the Division of Human 4. The Intergovernmental Relations Com- ble spouses and dependent children; and Resources is to seek out and identify addi- mittee of the Navajo Nation Council further- 6. By Resolution CJ–5–40, the Navajo Na- tional funding sources and make rec- more urges all Indian nations of states to ef- tion Council resolved that the Navajo People ommendations for the Implementation, ex- fect the purpose of the Act beneficial at most stood ready to aid and defend the United pansion and improvement of existing pro- for Native American service members and States Government and its institutions grams of the divisions and offices of the Nav- veterans and their spouses and dependent against all subversive and armed conflicts ajo Nation to ensure that Navajo veterans children. and pledged loyalty to the system which rec- receive the benefits and services they are en- CERTIFICATION ognized minority rights and a way of life. titled to; and I hereby certify that the foregoing resolu- This commitment continues to be exercised 5. Although the federal State Cemetery tion was duly considered by the Intergovern- in all branches of service and involved at Grants Program (SCGP) exists pursuant to 38 mental Relations Committee of the Navajo higher ratio than any ethnic group popu- U.S.C. Section 2408 since 1978 for the benefit Nation Council at a duly called meeting at lation; and 7. It is in the best interest of all Navajo of all U.S Armed Forces service members Window Rock, Navajo Nation (Arizona), at veterans and their spouses and dependent and veterans. Indian Tribes of the U.S. are which a quorum was present and that same children the need and benefit for final rest- ineligible to apply for program funding to es- was passed by a vote of 8 in favor, 0 opposed, ing place be established within the four sa- tablish, expand or improve a veterans ceme- and 0 abstained, this 17th day of November. cred mountains of the Navajo Nation. tery on their reservations because eligibility 2003. requirements are limited to states only; and Now, Therefore, Be It Resolved That: LAWRENCE T. MORGAN, 6. The states of Arizona and New Mexico 1. The Human Services Committee of the Chairperson, Intergovernmental have passed legislations in support of an Navajo Nation Council hereby recommends Relations Committee. amendment to the law to allow Indian tribes’ the Intergovernmental Relations Committee participation in the SCGP with funding to of the Navajo Nation Council to approve and RESOLUTION OF THE HUMAN SERVICES establish, expand or improve cemeteries on support the Native American Veterans Cem- COMMITTEE OF THE NAVAJO NATION COUNCIL the reservation. The DNVA is planning to es- etery Act of 2003 (H.R. 2983) introduced by tablish a new veterans cemetery to replace RECOMMENDING THE INTERGOVERNMENTAL RE- U.S. Representative Tom Udall of New Mex- the old and full to capacity Ft. Defiance Vet- LATIONS COMMITTEE OF THE NAVAJO NATION ico that the bill will make all tribes eligible erans Cemetery within the four sacred moun- COUNCIL TO APPROVE AND SUPPORT THE NA- to apply for State Cemetery Grants from the tains of the Navajo Nation to afford burial of TIVE AMERICAN VETERANS CEMETERY ACT OF U.S. Department of Veterans Affairs (VA). Native American and non-native veterans 2003 (H.R. 2983) INTRODUCED BY U.S. REP- This legislation is attached hereto as Exhibit and their eligible spouses and dependent RESENTATIVE TOM UDALL OF NEW MEXICO ‘‘A’’. children; and THAT THE BILL WILL MAKE ALL TRIBES ELIGI- 2. The Human Services Committee of the 7. By Resolution HSCN–39–03, the Human BLE TO APPLY FOR STATE CEMETERY GRANTS Navajo Nation Council requests the Navajo Services Committee of the Navajo Nation FROM THE U.S. DEPARTMENT OF VETERANS Nation Washington office to assist by moni- Council recommended the Intergovern- AFFAIRS (VA) toring the progress of the legislation and in- mental Relations Committee of the Navajo Whereas: form Department of Navajo Veterans Affairs Nation Council to approve and support the 1. Pursuant to 2 N.N.C. §§ 601 and 604(B) (1), and Human Services Committee for appear- Native American Veterans Cemetery Act of (3), and (5), the Human Services Committee ances before congressional committees and 2003 (H.R. 2983) introduced by U.S. Represent- is established and continued as a standing testimonies. ative Tom Udall of New Mexico, that the bill committee of the Navajo Nation Council and 3. The Human Services Committee of the will make all tribes eligible to apply for is empowered to promulgate regulations for Navajo Nation Council further recommends State Cemetery Grants from the U.S. De- the enforcement and implementation of the that the Office of the President/Vice Presi- partment of Veterans Affairs (VA); and labor laws and policies of the Navajo Nation dent of the Navajo Nation and the full Nav- 8. By Resolution CJ–5–40, the Navajo Na- and laws relating to veterans services; to ajo Nation Council support and authorize tion Council resolved that the Navajo People recommend legislation regarding employ- this effort and initiative on behalf of the stood ready to aid and defend the United ment, training, and veterans services; and to Navajo Nation veterans and families. States Government and its institutions serve as the oversight authority for the Divi- CERTIFICATION against all subversive and armed conflicts sion of Human Resources, including the De- I hereby certify that the foregoing resolu- and pledged loyalty to the system which rec- partment of Navajo Veterans Affairs tion was duly considered by the Human Serv- ognized minority rights and a way of life; (DNVA); and ices Committee of the Navajo Nation Council and 2. The DNVA under the Division of Human at a duly called meeting at Window Rock, 9. Navajo veterans, since their return from Resources was established to foster the in- Navajo Nation (Arizona), at which a quorum various wars, continue to live in substandard terests of Navajo veterans by advocating and was present and that same was passed by a and unsanitary living conditions and con- providing administration oversight and co- vote of 4 in favor, 0 opposed and 0 abstained, tinue to face many problems from unemploy- ordination of veterans programs and services this 14th day of November, 2003. ment to health problems, mentally and phys- of federal, state and tribal governments and LARRY ANDERSON, ically, and as Native American veterans they private agencies; and Chairperson, Human Services Committee. have borne the scars of many battles at a 3. Pursuant to Resolution GSCMY–40–03 of f proportionally higher cost than any other the Government Services Committee of the ethnic group; and Navajo Nation Council, one of the purposes HONORING 75 YEARS OF HISTORY 10. It is in the best interest of all Navajo of the DNVA is to seek out and identify addi- veterans, and their spouses and dependent tional funding sources and make rec- children, the need and benefit for final rest- ommendations for the implementation, ex- HON. RODNEY P. FRELINGHUYSEN ing place be established within the four sa- pansion and improvement of existing pro- OF NEW JERSEY cred mountains of the Navajo Nation. grams of the divisions and offices of the Nav- IN THE HOUSE OF REPRESENTATIVES Now Therefore Be It Resolved That: ajo Nation to ensure that Navajo veterans Wednesday, February 2, 2005 1. The Intergovernmental Relations Com- receive the benefits and services they are en- mittee of the Navajo Nation Council hereby titled to; and Mr. FRELINGHUYSEN. Mr. Speaker, I rise approves and supports the Native American 4. Although the federal State Cemetery today to honor the Kinnelon Fire Department, Veterans Cemetery Act of 2003 (H.R. 2983), at- Grants Program (SCGP) exists pursuant to 38 of the Borough of Kinnelon, in Morris County, tached hereto as Exhibit ‘‘A’’, introduced by U.S.C. Section 2408 since 1978 for the benefit New Jersey, a vibrant community I am proud U.S. Representative Tom Udall of New Mex- of all U.S. Armed Forces service members to represent. On January 29, 2005, the good ico, that the bill make all tribes eligible to and veterans, Indian Tribes of the U.S. are citizens of Kinnelon are celebrating the fire de- apply for State Cemetery Grants from the ineligible to apply for program funding to es- U.S. Department of Veterans Affairs (VA). tablish, expand or improve a veterans ceme- partment’s seventy-fifth anniversary. 2. The Intergovernmental Relations Com- tery on their reservations because eligibility For seventy-five years, members of the mittee of the Navajo Nation Council requests requirements are limited to states only; and Kinnelon Fire Department have been pro- the assistance of the Navajo Nation Wash- 5. The legislators of Arizona and New Mex- tecting and serving the residents of their com- ington Office in the tracking of the legisla- ico in year 2003 sessions have passed legisla- munity. The fire department is made up of

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.026 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E141 ninety volunteers, led by Fire Chief Keith weeks ago in downtown Harrisonburg to honor INTRODUCTION OF FEDERAL Pavlak. Other dedicated members of the fire the Dukes. LANDS RESTORATION, ENHANCE- department include First Assistant Chief Alan Again, congratulations to James Madison MENT, PUBLIC EDUCATION, AND Bresett and Second Assistant Chief Gail University and I am pleased to have the sup- INFORMATION RESOURCES ACT Bresett. port of the entire Virginia delegation as I offer The Kinnelon Fire Department has a deep this resolution. HON. MARK UDALL history that is evident in their desire to com- OF COLORADO memorate the department’s 75 year anniver- f IN THE HOUSE OF REPRESENTATIVES sary. Volunteers, along with Mayor Sisco and Wednesday, February 2, 2005 other council members, will join to celebrate CONGRATULATING THE WILKES- Mr. UDALL of Colorado. Mr. Speaker, I am and recognize the volunteers and their prede- BARRE COUNCIL 302 OF THE today introducing a bill to provide additional cessors. KNIGHTS OF COLUMBUS ON resources for use by the Federal land-man- From its charter members to its current ros- THEIR 107TH ANNIVERSARY AND aging agencies to restore lands damaged as a ter, the membership of the Kinnelon Fire De- HONORING RAYMOND J. result of improper activities and to promote partment, has dedicated itself to the safety LENAHAN FOR HIS SERVICE AS public education about the use of the Federal and welfare of Kinnelon’s good citizens. GRAND KNIGHT Kinnelon’s firefighters, dedicated public serv- lands. My Colorado colleague, Representative ants, past and present, are to be commended TANCREDO, is cosponsoring the legislation. I for a job well done. HON. PAUL E. KANJORSKI greatly appreciate his support. Mr. Speaker, I urge you and my colleagues The bill is based on one part of a bill intro- to join me in congratulating the members of OF PENNSYLVANIA duced by Representative TANCREDO that I co- the Kinnelon Fire Department on the celebra- IN THE HOUSE OF REPRESENTATIVES sponsored in the 108th Congress. The pur- tion of its seventy-five years protecting one of pose of that bill was to improve the ability of Wednesday, February 2, 2005 New Jersey’s finest municipalities. the land-managing agencies—the Bureau of Land Management, National Park Service, and f Mr. KANJORSKI. Mr. Speaker, I rise today the Fish and Wildlife Service in the Interior INTRODUCTION OF RESOLUTION to ask you and my esteemed colleagues in the Department as well as the Forest Service in HONORING THE JAMES MADISION House of Representatives to pay tribute to the the Agriculture Department—to adequately en- UNIVERSITY FOOTBALL TEAM Wilkes-Barre Council 302 of the Knights of force the rules that apply to uses of the lands Columbus on their 107th Anniversary and to they manage. Raymond John Lenahan for his service as In the Resources Committee, Mr. TANCREDO HON. BOB GOODLATTE Grand Knight. OF VIRGINIA and I worked with Chairman POMBO, Ranking IN THE HOUSE OF REPRESENTATIVES The Knights of Columbus are an out- Member RAHALL, and other Members, to de- standing example of how a fraternal group that velop a substitute that included a number of Wednesday, February 2, 2005 seeks social and financial fellowship for its improvements in the bill. The Resources Com- Mr. GOODLATTE. Mr. Speaker, I rise today members is also committed to serving others. mittee approved that substitute, which in- to introduce a resolution congratulating the Council 302, in particular, deserves particular cluded provisions similar to those in the bill I James Madison University football team, the praise because it has the unique distinction of am introducing today. However, after the Re- ‘‘Dukes’’, for their outstanding and historic vic- having organized a complete military unit in sources Committee completed its work, the tory in the National Collegiate Athletic Asso- World War l. Called the Knights of Columbus measure was reviewed by the Judiciary Com- ciation’s Division One—Double-A Champion- Ambulance Company of Wilkes-Barre, PA, mittee, which made further changes before the ship Game. these men served in France, Belgium, Luxem- bill went to the House floor. James Madison University is located in Vir- bourg and Germany. The men achieved na- The most significant change was deletion of ginia’s 6th congressional district, in Harrison- tional recognition for their service to our coun- the provisions of the bill that allowed the agen- burg, VA. JMU is one of the nearly twenty col- try. cies to retain fines paid for violations of land- leges or universities in my congressional dis- use regulations and to use those funds for re- The Knights of Columbus has always sup- trict. The school was established in 1908 as pairing damages to the lands and for public ported charitable work through monetary do- the State Normal and Industrial School for education. I regretted that change because in nations. In 1917, the council raised $5,411 for Women, and remained a women’s college addition to more adequate authority to enforce the War Fund Committee. In 1920, St. Mary’s until 1966. regulations, the land-managing agencies need Convent was destroyed by fire and Council The school’s name was officially changed to more resources—more money and more peo- 302 presented the Sisters of Mercy with a honor our Nation’s fourth president, one of ple—if we want them to do a better job. check for $2,500, raised from voluntary dona- eight Virginia presidents, James Madison, in The House passed the bill as revised by the tions. 1977. Judiciary Committee, but the 108th Congress JMU is currently home to more than 15,000 Another example of the selflessness of the adjourned before the Senate could complete students and more than 2,000 faculty mem- Knights of Columbus is their involvement in action on it. Accordingly, Mr. TANCREDO is re- bers. In addition, the JMU athletic program blood drives. They began a blood donor cam- introducing the House-passed bill and I am co- has more than 500 student athletes who com- paign with Mercy Hospital in March 1947 and sponsoring that measure. My bill is in effect a pete in eleven men’s and thirteen women’s Council 302 is still involved with donations to companion to his legislation. sports. the local Red Cross. As approved by the Resources Committee, Mr. Speaker, JMU received an at-large-bid Throughout the years, the Knights of Colum- the Tancredo-Udall bill of the 108th Congress to compete in the I–AA playoffs and defeated bus have had fine men serve as Grand would have helped with that by allowing the Lehigh, Furman, and the College of William Knights. Raymond Lenahan has served in that agencies to use money from fines to help pay and Mary (another wonderful Virginia school) position for the past two years, from 2002 for some of the restoration work caused by to advance to the championship game. through 2004. violations of regulations and for public edu- JMU ultimately defeated the University of cation. Montana Grizzlies with a final score of 31 to Mr. Lenahan, a native of Hanover Township, The bill I am introducing today is similar. It 21, before 16,771 fans and a national tele- is the son of the late Anthony J. and Luella would allow agencies to use money collected vision audience, at the home field of the Uni- Lenahan. He served as Grand Knight for the as fines to be used for repairing damage versity of Tennessee-Chattanooga. The Dukes Knights of Columbus from 2002 to 2004. Mr. caused by the actions that lead to the fines or became the first team to win four straight road Lenahan resides with his wife Patricia in Forty by similar actions. It would also allow them to games in Division I–AA postseason history. Fort. The couple has four children and two use the money to increase public awareness I would like to also congratulate the Univer- grandchildren. They are members of St. Aloys- of regulations and other requirements regard- sity of Montana Grizzlies, who were seeking ius Parish in Wilkes-Barre. ing use of Federal lands. And it provides that their third national title in ten years. The Mr. Speaker, it is my privilege to represent any of the money not needed for those pur- Grizzlies finished the season with a wonderful an organization as worthy as the Knights of poses would be credited to the Crime Victims record of twelve and three. Columbus. Please join me in congratulating Fund in the Treasury. I was pleased to participate in a wonderful them as they celebrate their 107th Anniversary Mr. Speaker, this is a modest bill but an im- parade and community celebration a few on Saturday. portant one. I think it deserves the support of

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.032 E02PT1 E142 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 our colleagues and I will do all I can to of our Constitution: ‘‘The [U.S.] Constitution 1984 in a number of positions in the manage- achieve its enactment into law. is a limitation on the government, not on ment of the Detention Center. Josephine’s private individuals . . . it does not prescribe education in the Cleveland Schools continued f the conduct of private individuals, only the conduct of government . . . it is not a char- into a master’s program at Cleveland State IN RECOGNITION OF MICHAEL WIL- University. She is challenged daily by working LIAM MOORE UPON HIS ter for government power, but a charter of the citizen’s protection against the govern- with youths in a correction environment, in- ACHIEVEMENT OF EAGLE SCOUT ment.’’ cluding those that have mental illness and COURT OF HONOR Today, February 2, 2005, we celebrate the special needs. In all facets, she encourages birth of this influential philosopher and writer her staff to try and provide positive reinforce- HON. ELLEN O. TAUSCHER who inspired and continues to inspire so many ment to help the children at the Detention OF CALIFORNIA individuals to live rationally, and respect the Center excel positively in life. She and her IN THE HOUSE OF REPRESENTATIVES rights of others. So much of what has made husband of nearly 25 years, Bill, live in Moreland Hills. As a part of her efforts to Wednesday, February 2, 2005 American a great society is found in her writings. make the Detention Center a positive experi- Mrs. TAUSCHER. Mr. Speaker, I rise today ence, she organizes regular, seasonal activi- f to pay tribute to my constituent Michael Wil- ties, including holiday cookie parties and a liam Moore of Eagle Scout troop No. 204 in THE CUYAHOGA COUNTY BAR summer festival which benefits the Children’s Lafayette, California, as he receives the distin- FOUNDATION AND CUYAHOGA Fund. guished honor of the Eagle Scout rank. COUNTY BAR ASSOCIATION’S The nominee of Gerald Fuerst, County Clerk The honor of Eagle Scout is given only to 59TH ANNUAL PUBLIC SERVANTS of Courts, Mark Lime has been a Clerk’s Of- those young men who have demonstrated that MERIT AWARDS fice employee since 1977. Starting as a dock- that they have fulfilled its rigorous require- et clerk, Mark has worked his way up to his ments, including living by the Scout Oath and HON. STEPHANIE TUBBS JONES current position of Criminal Branch Manager. Law, rising through the Boy Scout ranks, earn- OF OHIO A Parma resident, he and his wife Deborah ing 21 merit badges, serving as a leader, and IN THE HOUSE OF REPRESENTATIVES have raised four sons, the youngest of whom planning and leading a service project for their Wednesday, February 2, 2005 is a junior at Parma High School. Mark has community. This is not an honor given out lived in Parma for many years and attended lightly: this young man is becoming an Eagle Mrs. JONES of Ohio. Mr. Speaker, I rise Padua Franciscan High School and Cuyahoga Scout because he is intelligent, dedicated, and today in recognition of the Cuyahoga County Community College. Mark is a dedicated principled. Bar Foundation and Cuyahoga County Bar As- coach, active in golf, baseball, and soccer I am proud to call Michael William Moore sociation’s 59th annual Public Servants Merit teams on which his four sons have played. Awards, which will be held on Friday, Feb- my constituent, for he is a shining example of Since 1976, Mary Joyce Ruddy has been the promise of the next generation. Indeed, he ruary 11, 2005, in Cleveland, OH. As a vet- eran of the Cuyahoga County judiciary, I am employed at the Common Pleas Court’s Gen- represents the best of the young people in our eral Division. Presiding and Administrative country. I extend my sincere congratulations to honored to congratulate these individuals who have offered decades of faithful service to the Judge Richard McMonagle’s nominee, Mary him and his family, on this momentous occa- Joyce has been Jury Bailiff since 1992. She is sion. bench, bar and public of Cuyahoga County. Kathleen Ann Beluschak, Cleveland Munic- in charge of getting jurors to individual court f ipal Court Presiding and Administrative Judge rooms, ensuring jurors’ compensation, helping AYN RAND’S BIRTHDAY Larry A. Jones’ nominee, has spent more than keep all jurors as happy as possible, and most 30 years with the Cleveland Municipal Court, importantly, spearheading the public relations HON. RON PAUL and for almost 3 years, she has been the effort encouraging reluctant jurors to serve. A Court’s Administrative Services Office Man- Lakewood resident and graduate of St. Augus- OF TEXAS ager. A graduate of West Tech High School, tine Academy, Mary is mother of Nora, a 14- IN THE HOUSE OF REPRESENTATIVES the longtime Cleveland resident lives with her year-old Magnificat freshman. Family is central Wednesday, February 2, 2005 husband Joe near Hopkins Airport with their to Mary’s life, and in recent years, she has two dogs, both of which were rescued and spent many hours assisting her parents in Mr. PAUL. Mr. Speaker, today, on the occa- their final illnesses. She now spends her time sion of the 100th anniversary of the birth of brought into the family by Kathleen. She traces her commitment to public service with eight nieces and nephews, all of whom Ayn Rand, these comments. Ayn Rand has are under the age of 9, and with her siblings. long inspired advocates of personal liberty and through a number of generations. In fact, two Cheryl Maureen Simon has been an em- economic freedom. These ideals of individual of her grandparents worked for the municipal ployee of the U.S. Bankruptcy Court since responsibility and limited constitutional govern- and federal governments, her mother and un- 1981. Chief Judge Randolph Baxter’s nomi- ment are urgently needed in our Nation today. cles were public employees, as is her hus- band, sister, and 25-year-old son. At the be- nee, Cheryl is Administrative Manager of the AYN RAND CENTENARY CELEBRATION Court’s Administrative Department, where she (By Don Ernsberger) ginning of her career, she thought the recipi- ents of the awards to be ‘‘really old,’’ she has has responsibility for budget, procurement, ad- February 2nd marks the 100th Anniversary ministrative services, personnel, and other of the birth of philosopher and novelist Ayn now determined to reconsider that opinion. Pat Cain has been a Probate Court em- functions. A resident of Moreland Hills with her Rand. The Russian born author of Atlas husband, David, and son, Matt, Cheryl enjoys Shrugged, Fountainhead and a number of ployee since 1981. Nominated by Presiding nonfiction works in economics and ethics be- Judge John J. Donnelly, Pat has primarily skiing and traveling. came, in the twentieth century, a major in- worked as a cashier at the Probate Court. Pat For over 21 years, Gail F. Valerino has fluence on the intellectual culture of the worked at other public agencies before joining been a judicial secretary with Ohio’s Eighth United States. Her most famous work, Atlas the Court. Now a resident in Parma with his District Court of Appeals. Originally, she Shrugged remains ranked by the Library of wife, Jane Varga, an attorney, Pat’s blended worked for retired Judge Joseph J. Nahra, and Congress Center for the Book as the second family includes four adult children and five since early 1999, she has worked for Adminis- most influential books ever published. Ayn Rand was a champion of capitalism grandchildren. An active volunteer in many trative Judge Michael J. Corrigan, who nomi- and of individual liberty. She had experi- state, county, and local campaigns, particularly nated her for this year’s award. In addition to enced the impact of communism in her na- judicial races, Pat enjoys time with his family, administering the chambers of her Judge in tive Russia and was an outspoken opponent particularly at their summer home in Marble- every respect, she has, during Judge of both communism and of socialism. She ad- head. He highly values wildlife and its protec- Corrigan’s year as Administrative Judge, acted vocated personal responsibility and an objec- tion, and he works hard to provide support at as his liaison with the Court’s Administrator tive code of moral behavior. Ayn Rand’s fic- his home for many different species of birds. with regards to the entire Court’s organization. tional and non-fictional works promoted the Nominated by Juvenile Court Administrative, Educated in the Parma Schools, she lives in ideal of the self-reliant individual who val- ues reason, production and self-esteem in Judge Joseph F. Russo, Josephine E. Jack- Parma Heights with her son and daughter, their personal lives and rejects the enslave- son is the Acting Superintendent of the Court’s and is active in boys’ and girls’ softball and T- ment of others to advance one’s own per- Juvenile Detention Center. After earlier duties ball leagues. She is also a participant in her sonal goals. A proud immigrant, who chose in security at local department stores, Jose- Church’s volunteer activities. She relaxes by America, she perceptively grasped the nature phine has been employed by the court since reading and spending time in Marblehead.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.035 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E143 REINTRODUCTION OF SAMPLING Drawn towards public service, Ted ran for tions and sorrow felt by the families of those LEGISLATION election to the Colorado House of Representa- who have given the ultimate sacrifice. tives. He served two years in the House be- A constituent of mine recently brought to my HON. CAROLYN B. MALONEY fore being elected to the Colorado State Sen- attention a poem that was written in memory OF NEW YORK ate. His 24 years in the Senate, 12 of which of Sgt. Byron Norwood, USMC, by Gene E. Blanton. While this poem is in memory of Sgt. IN THE HOUSE OF REPRESENTATIVES he served as President of the Senate, were a notable accomplishment. Norwood, I believe that this poem is a fitting Wednesday, February 2, 2005 During that time, he and his wife, Luann, tribute to all servicemen and women who have Mrs. MALONEY. Mr. Speaker, today, I intro- settled in Strasburg, Colorado, on the south- fallen in combat. I would like to share this duce legislation that will ensure that future ern edge of Adams County. Ted’s continued poem with my fellow colleagues: censuses truly reflect the demographic make- desire for public service then led him to seek YOUR SON up of this Nation. This bill would clarify Section and win election as an Adams County Com- (By Gene E. Blanton) 195 of Title 13 U.S.C. to allow the most accu- missioner in 1996. As a county commissioner, To the Mothers and the Fathers rate numbers to be used for apportionment he continued his hard work for those he rep- Of United States Marines and all other purposes. resented. He served on the E–470 Public Who have fought and bled and died f Highway Authority Board, the Front Range Air- So that freedom’s bell still rings port Authority Board, the Adams County Eco- From the Halls of Montezuma CONGRATULATING THE 2004 FLOR- nomic Development Board, the Adams County To the shores of Tripoli IDA HIGH SCHOOL ATHLETIC AS- Water Quality Association, and on the Denver From the alleys of Fallujah SOCIATION CLASS 5A STATE Regional Council of Governments. With such To the frozen Yudam-ni FOOTBALL CHAMPIONS a wide scope of reach, Commissioner Strick- From the sands of Iwo Jima land has left a mark as a valuable public serv- To the hills around Khe Sanh ant. From the smoky hell of Belleau Woods HON. ADAM H. PUTNAM Your Son fought and won OF FLORIDA Mr. Speaker, I ask my colleagues to join me in honoring Mr. Ted Strickland and in wishing Your Son battled dictatorships IN THE HOUSE OF REPRESENTATIVES Communism and tyranny him success in all his future endeavors. Wher- Wednesday, February 2, 2005 God’s Son died to make men holy ever his motivations should take him, I am Your Son died to make men free Mr. PUTNAM. Mr. Speaker, I want to con- sure success will follow. There is a debt we owe Your Son gratulate the 2004 Florida High School Athletic f That we can never repay Association (FHSAA) Class 5A State Football We owe Your Son more than platitudes Champion Lakeland Senior High School IN RECOGNITION OF JOHN PAT- Heard on Veterans or Memorial Day RICK MAHER UPON HIS ACHIEVE- Dreadnaughts from the 12th Congressional Your Son is a son of America District of Florida. MENT OF EAGLE SCOUT COURT One of the Proud and the Few The championship game victory capped an OF HONOR Your Son volunteered to do the things undefeated season for the Lakeland High Other men would not or could not do Dreadnaughts as they finished 15–0 for the HON. ELLEN O. TAUSCHER Your Son was Semper Fidelis third time in the past nine seasons and won OF CALIFORNIA Always Faithful to the end was he Your Son was a shining example their fourth state championship under Coach IN THE HOUSE OF REPRESENTATIVES Bill Castle. Of what a man is supposed to be I commend the champion Lakeland High Wednesday, February 2, 2005 Now Your Son’s been reassigned School football team for a wonderful and mag- Mrs. TAUSCHER. Mr. Speaker, I rise today To stand guard on Heaven’s streets ical run this year. The people of Florida and all to pay tribute to my constituent John Patrick And when my tour of duty is over I know that we will meet of Polk County are proud of you. You have all Maher of Eagle Scout troop No. 204 in Lafay- demonstrated that hard work, perseverance ette, California, as he receives the distin- I’ll thank Your Son for my freedom guished honor of the Eagle Scout rank. For keeping terror on a distant shore and unity are the foundation of success. I’ll thank Your Son for our way of life I applaud Lakeland Head Coach Bill Castle The honor of Eagle Scout is given only to And sacrifice he bore those young men who have demonstrated that for being awarded this year’s Dairy Farmers So tonight when you cry out to God Award as coach of the year of the Florida Ath- they have fulfilled its rigorous requirements, in- While praying on your knees letic Coaches Association, but most impor- cluding living by the Scout Oath and Law, ris- Know that He’s a loving God tantly for his commitment to his players and ing through the Boy Scout ranks, earning 21 Who will listen to your pleas stressing the important values of preparation, merit badges, serving as a leader, and plan- To lose Your Son for freedom’s cause hard work, dedication, teamwork, and sports- ning and leading a service project for their God truly understands manship. community. This is not an honor given out God sent His Son to die for us I pay tribute to Lakeland High School stu- lightly: this young man is becoming an Eagle So you can see Your Son again dents, teachers, coaches and the entire foot- Scout because he is intelligent, dedicated, and May God continue to bless our solders who ball team on their outstanding achievement. principled. are currently in harm’s way. f I am proud to call John Patrick Maher my f constituent, for he is a shining example of the ´ ACKNOWLEDGING THE SERVICE OF promise of the next generation. Indeed, he FREEDOM FOR ARTURO PEREZ DE ´ TED STRICKLAND represents the best of the young people in our ALEJO RODRIGUEZ country. I extend my sincere congratulations to HON. MARK UDALL him and his family, on this momentous occa- HON. LINCOLN DIAZ-BALART OF COLORADO sion. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Wednesday, February 2, 2005 THE POEM, YOUR SON Wednesday, February 2, 2005 Mr. UDALL of Colorado. Mr. Speaker, I rise Mr. LINCOLN DIAZ-BALART of Florida. Mr. today to acknowledge a significant leader in HON. PETE SESSIONS Speaker, I rise today to speak about Arturo the Denver, Colorado metropolitan area. Mr. OF TEXAS Pe´rez de Alejo Rodrı´guez, a political prisoner Ted Strickland, outgoing Commissioner for IN THE HOUSE OF REPRESENTATIVES in totalitarian Cuba. Adams County, will be leaving his post after Mr. Pe´rez de Alejo is the president of the eight years of diligent service. Wednesday, February 2, 2005 Escambray Human Rights Front. Before he Commissioner Strickland was born and Mr. SESSIONS. Mr. Speaker, we are all became a pro-freedom advocate in a country raised in Austin, Texas. After serving in the deeply saddened by the loss of life of our oppressed by a totalitarian tyrant, he work as military he came to Colorado and began a brave men and women serving in Iraq and Af- a farmer. However, after he realized the true successful career in the oil and gas industry, ghanistan. While we all understand the need nature of Castro’s despotic regime, he joined becoming Vice President with the Petroleum to spread freedom and democracy throughout the pro-democracy movement and began to Information company. the world, words can barely express the emo- advocate for a free and democratic Cuba.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.040 E02PT1 E144 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 According to Amnesty International, Mr. tected, it can be concluded that we have the proved pharmaceuticals. Under my bill, any- Pe´rez de Alejo was detained in 2003 for hand- authority to determine when life begins. one wishing to import a drug simply submits ing out copies of the U.N. Declaration of The Right to Life Act does what the Su- an application to the FDA, which then must Human Rights. Despite being detained, and preme Court refused to do in Roe v. Wade approve the drug unless the FDA finds the knowing full well the brutal consequences that and recognizes the personhood of the unborn drug is either not approved for use in the await those brave men and women that speak for the purpose of enforcing four important United States or is adulterated or misbranded. the truth under the nightmare that is the Cas- provisions in the Constitution: (1) Sec. 1 of the This process will make safe and affordable im- tro regime, he continued to advocate for Fourteenth Amendment prohibiting states from ported medicines affordable to millions of human rights for the people of Cuba. depriving any person of life; (2) Sec. 5 of the Americans. Mr. Speaker, letting the free mar- Unfortunately, Mr. Pe´rez de Alejo was ar- Fourteenth Amendment providing Congress ket work is the best means of lowering the rested on March 18, 2003, as part of Castro’s the power to enforce, by appropriate legisla- cost of prescription drugs. heinous island wide crackdown on peaceful, tion, the provision of this amendment; (3) the I need not remind my colleagues that many pro-democracy activists. In a sham trial, he due process clause of the Fifth Amendment, senior citizens and other Americans impacted was sentenced to 20 years in the totalitarian which concurrently prohibits the Federal Gov- by the high costs of prescription medicine gulag. ernment from depriving any person of life; and have demanded Congress reduce the barriers While confined in the inhuman squalor of (4) Article I, Section 8, giving Congress the which prevent American consumers from pur- the gulag, Amnesty International reports that power to make laws necessary and proper to chasing imported pharmaceuticals. Congress Mr. Pe´rez de Alejo has not been able either to enforce all powers in the Constitution. has responded to these demands by repeat- receive or to send correspondence in the This legislation will protect millions of future edly passing legislation liberalizing the rules same way as other prisoners. It has also been children by prohibiting any State or Federal governing the importation of pharmaceuticals. reported that he is suffering from several de- law that denies the personhood of the unborn, However, implementation of this provision has bilitating diseases in the totalitarian gulag. Let thereby effectively overturning Roe v. Wade. I been blocked by the Federal bureaucracy. It is us be very clear, he is languishing in a hellish firmly believe that life begins at conception time Congress stood up for the American con- dungeon, unable to communicate with the out- and that the preborn child deserves all the sumer and removed all unnecessary regula- side world, because he peacefully advocates rights and protections afforded an American tions on importing pharmaceuticals. for liberty. citizen. This measure will recognize the un- The Prescription Drug Affordability Act also Mr. Speaker, it is unconscionable that, in born child as a human being and protect the protects consumers’ access to affordable med- the 21st century, brave men and women are fetus from harm. The Right to Life Act will fi- icine by forbidding the Federal Government chained to filth because of their belief in the nally put our unborn children on the same from regulating any Internet sales of FDA-ap- inalienable nature of freedom, and the sanctity legal footing as all other persons. I hope my proved pharmaceuticals by State-licensed of human rights for every person. My col- colleagues will join me in support of this im- pharmacists. As I am sure my colleagues are aware, the leagues, tonight the democratically elected portant effort. Internet makes pharmaceuticals and other leader of the United States of America will de- f liver the State of the Union address to a joint products more affordable and accessible for session of our freely elected Congress. As we INTRODUCTION OF THE PRESCRIP- millions of Americans. However, the Federal listen to President Bush address our free Na- TION DRUG AFFORDABILITY ACT Government has threatened to destroy this op- tion, let us also remember those who are suf- tion by imposing unnecessary and unconstitu- fering to secure their own liberties, in their HON. RON PAUL tional regulations on web sites that sell phar- maceuticals. Any Federal regulations would in- own countries. We must demand the imme- OF TEXAS evitably drive up prices of pharmaceuticals, diate release of Arturo Pe´rez de Alejo IN THE HOUSE OF REPRESENTATIVES thus depriving many consumers of access to Rodr´ıguez and every political prisoner locked Wednesday, February 2, 2005 in the dungeons of tyrants. affordable prescription medications. Mr. PAUL. Mr. Speaker, I rise to introduce In conclusion, Mr. Speaker, I urge my col- f the Prescription Drug Affordability Act. This leagues to make pharmaceuticals more afford- RIGHT TO LIFE ACT legislation ensures that millions of Americans, able and accessible by lowering taxes on sen- including seniors, have access to affordable ior citizens, removing barriers to the importa- HON. DUNCAN HUNTER pharmaceutical products. My bill makes phar- tion of pharmaceuticals and protecting legiti- mate Internet pharmacies from needless regu- OF CALIFORNIA maceuticals more affordable to seniors by re- lation by cosponsoring the Prescription Drug IN THE HOUSE OF REPRESENTATIVES ducing their taxes. It also removes needless government barriers to importing pharma- Affordability Act. Wednesday, February 2, 2005 ceuticals and it protects Internet pharmacies, f Mr. HUNTER. Mr. Speaker, today, I am in- which are making affordable prescription drugs RECOGNIZING THE FAIRFAX COUN- troducing legislation that, if passed, will once available to millions of Americans, from being TY HEALTH DEPARTMENT and for all protect our unborn children from strangled by Federal regulation. ADULT DAY HEALTH CARE PRO- harm. Over 1.3 million abortions are per- The first provision of my legislation provides GRAM UPON ITS 25 YEAR ANNI- formed in the United States each year and seniors a tax credit equal to 80 percent of VERSARY over 38 million have been performed since their prescription drug costs. While Congress abortion was legalized in 1973. This is a na- did add a prescription drug benefit to Medicare tional tragedy. It is the duty of all Americans in the last Congress, many seniors still have HON. TOM DAVIS OF VIRGINIA to protect our children—born and unborn. This difficulty affording the prescription drugs they IN THE HOUSE OF REPRESENTATIVES bill, the Right to Life Act, would provide blan- need in order to maintain an active and ket protection to all unborn children from the healthy lifestyle. One reason is because the Wednesday, February 2, 2005 moment of conception. new program creates a ‘‘doughnut hole,’’ Mr. TOM DAVIS of Virginia. Mr. Speaker, I In 1973, the United States Supreme Court, where seniors lose coverage once their pre- would like to take this opportunity to pay trib- in the landmark case of Roe v. Wade, refused scription expenses reach a certain amount ute to the Fairfax County Health Department to determine when human life begins and and must pay for their prescriptions above a Adult Day Health Care Program as it prepares therefore found nothing to indicate that the un- certain amount out of their own pockets until to celebrate its 25th anniversary. born are persons protected by the Fourteenth their expenses reach a level where Medicare The Fairfax County Adult Day Health Care Amendment. In the decision, however, the coverage resumes. This tax credit will help centers provide a safe, fun and therapeutic Court did concede that, ‘‘If the suggestion of seniors cover the expenses provided by the environment for the frail, the elderly and adults personhood is established, the appellants’’ doughnut hole. This bill will also help seniors who need supervision during the day due to case, of course, collapses, for the fetus’ right obtain prescription medicines that may not be cognitive and/or physical impairments. Each to life would be guaranteed specifically by the covered by the new Medicare prescription center has a registered nurse who monitors Amendment.’’ Considering Congress has the drug program. the health status of each participant; a thera- constitutional authority to uphold the Four- In addition to making prescription medica- peutic recreation specialist who designs daily teenth Amendment, coupled by the fact that tions more affordable for seniors, my bill low- activities to enhance cognitive and physical the Court admitted that if personhood were to ers the price for prescription medicines by re- function and to offer opportunities for social- be established, the unborn would be pro- ducing barriers to the importation of FDA-ap- ization; and several program assistants who

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.045 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E145 lead the daily activities and provide personal cured a $1 million grant to develop the first CONGRATULATIONS TO 11TH care to the participants. In addition, the pro- DNA testing facilities in Massachusetts. GRADUATING CLASS OF INDIANA gram is designed to provide respite, edu- And, in 1999, when Kathy was promoted UNIVERSITY NORTHWEST’S cation, and support to family caregivers. again she made more history as the first LEADERSHIP DEVELOPMENT The first Fairfax County Adult Day Health woman ever to hold the rank of captain. Law PROGRAM Care Program center opened its doors in An- enforcement has always been a family affair, nandale on January 3, 1980. The Annandale and at her promotion ceremony she proudly HON. PETER J. VISCLOSKY center was the first public nonprofit elderly accepted her husband Michael’s badge as her OF INDIANA daycare facility in Fairfax County. This pro- own. IN THE HOUSE OF REPRESENTATIVES gram was an exemplary example of inter- agency collaboration, a visionary approach to During her 26 years on the force, Captain Wednesday, February 2, 2005 providing long-term care services, and innova- Stefani has been involved with some of the Mr. VISCLOSKY. Mr. Speaker, it is with tive use of county resources. Over the next 22 most important public events in recent mem- great honor and admiration that I offer con- years, four additional centers were opened in- ory. Long before we talked about homeland gratulations to many of Northwest Indiana’s cluding: the Lewinsville Adult Day Health Care security, she used her position as Troop H most talented, dedicated, and hardworking in- center in June 1985, the Lincolnia Adult Day commander to push for a more integrated ap- dividuals. On Friday, February 4, 2005, Indi- Health Care center in January 1990, the proach for securing large events—including ana University Northwest’s Leadership Devel- Mount Vernon Adult Day Health Care center in the 2000 Presidential Debate held at UMASS- opment Program will honor their 11th grad- July 1990 and finally the Herndon Harbor Boston, the annual Sail Boston events, the uating class. Adult Day Health Care center in June 2000. In July 4th celebrations on the Esplanade. The Institute for Innovative Leadership is a 2006 the county is planning to open a sixth During her long career she’s been recog- partnership between Indiana University North- adult day health care center in Fairfax City. nized with the Superintendent’s Commenda- west and Northwest Indiana’s community and In 1986, the Annandale and Lewinsville tion, the Distinguished Service Award for Fo- business leadership throughout all sectors. Adult Day Health Care centers were the recipi- rensic Science and the prestigious State Po- The Institute is designed to create a binding ents of the National Achievement Award given lice Medal of Merit. link between educational experience and lead- by the National Association of Counties. The But perhaps the greatest compliments come ership practice. The Leadership Development centers were recognized for their new and in- from those who don’t know her personally, but Program is the core of the Institute. Various novative programs. benefit from her forward-thinking plan for the resources are utilized to help ensure that stu- Mr. Speaker, in closing, I would like to thank State crime lab during the 1990’s. Long before dents of every level acquire the skills, knowl- the Fairfax County Health Department Adult televisions shows like CSI made forensic edge, values, motivation and vision needed for Day Health Care Program for the immeas- science popular, Captain Stefani recognized success in careers and as citizens. urable contributions they have made to the the role that DNA testing could play in bringing The Institute for Innovative Leadership will community by taking care of the sick and el- criminals, especially rapists, to justice. Her be recognizing and honoring the following derly. I congratulate the program on its suc- perseverance in advocating for this technology 2004 Graduates: Bobbi Atzhorn, Sandra cesses over the last 25 years and wish for has brought solace and comfort to victims and Bowie, Alice Carter, Gail Coleman, Larry Hay- continued success in the future. I ask that my their families. den, Crystal Jelks, Brock Lloyd, Ryan Mistarz, colleagues join me in applauding this out- Melissa Murdock, Damian Perkins, Mary Lou- standing and distinguished institution. As Captain Stefani prepares to enter into a ise Rieger, Cora Robinson, Jennifer Stewart, well-deserved retirement, I doubt very much f Gabriela Tirado, and Reginald Williams. that she’ll be working on her tennis game. My Mr. Speaker, I ask that you and my other HONORING THE RETIREMENT OF guess is that she’ll continue to be involved distinguished colleagues join me in congratu- STATE POLICE CAPTAIN KATHY professionally—inspiring the next generation in lating these hardworking individuals. I am very STEFANI the classroom; being a role-model to those proud to honor them in Washington, DC. who continue to wear the uniform, like her f HON. WILLIAM D. DELAHUNT brother Chip; being an involved mom to her ON THE 12TH ANNIVERSARY OF OF MASSACHUSETTS two kids, and a loving wife to Michael; and a THE FAMILY AND MEDICAL IN THE HOUSE OF REPRESENTATIVES devoted daughter to Gerry and Marge. LEAVE ACT Wednesday, February 2, 2005 I’m honored to add my voice to the chorus of friends, family and colleagues who wish her Mr. DELAHUNT. Mr. Speaker, I rise today well as she embarks on her retirement. Job HON. JUDY BIGGERT to pay tribute to a woman who has dedicated well done. OF ILLINOIS the better part of her life to ensuring the public IN THE HOUSE OF REPRESENTATIVES safety of our community. She is a pioneer in f law enforcement, and a role-model for all who Wednesday, February 2, 2005 choose to wear the uniform. Dedicated, vision- PERSONAL EXPLANATION Mrs. BIGGERT. Mr. Speaker, this Saturday, ary, and compassionate, she has left a lasting February 5, 2005, will mark the 12th anniver- legacy on the Massachusetts State Police, the sary of legislation that has made an enormous troopers under her command, and the public HON. SAM GRAVES difference in the lives of millions of working she serves. Americans since its enactment in 1993. I I’m talking of Capt. Kathy Stefani. OF MISSOURI speak of course of the Family and Medical Where I’m from, it’s not uncommon for chil- IN THE HOUSE OF REPRESENTATIVES Leave Act, FMLA. dren to want to follow in their parents’ profes- I count myself among the Family and Med- sional footsteps. No where is this more so Wednesday, February 2, 2005 ical Leave Act’s strongest supporters. Since its than with the police department. So it was with Mr. GRAVES. Mr. Speaker, on Thursday, enactment, this law has brought peace of a special pride that Kathy’s father, Gerry January 6, 2005, I was unavoidably detained mind and job security during critical times to Coletta, a good friend and my chief adminis- and thus missed rollcall vote No. 7. Had I millions of American workers and their fami- trative assistant from my tenure as Norfolk dis- been present, I would have voted ‘‘nay’’ on lies. The FMLA allows qualified employees to trict attorney, encouraged her pursuit of a law rollcall No. 7. take unpaid leave from their employer for the enforcement career. birth or adoption of a child, to attend to the se- Joining the ranks of the Massachusetts On Tuesday, January 25, 2005, I was un- rious health crisis of a family member, or at- State Police force in 1978, she was one of avoidably detained and thus missed rollcall tend to their own serious medical issue. The only three women on the job. It was clear from votes Nos. 8 and 9. Had I been present, I law makes clear that no American should the beginning that her career was going to be would have voted ‘‘yea’’ on both votes. have to choose between caring for a gravely special. On Wednesday, January 26, 2005, I was ill family member and losing his or her job. In 1995, when she was elevated to the rank unavoidably detained and thus missed rollcall Since its enactment in 1993, millions of of lieutenant, she became the first State Police votes Nos. 10–13. Had I been present, I would Americans have used the FMLA to take time officer to run the Commonwealth’s crime Lab. have voted ‘‘nay’’ on rollcall Nos. 10, 11, and to care for a newborn, to attend to an adult During her tenure there, she successfully se- 12, and ‘‘yea’’ on rollcall No. 13. parent or child’s serious illness, or perhaps to

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.048 E02PT1 E146 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 attend to their own critical medical needs. needn’t be. I am confident that good minds and zest for life was never dimmed. His quick They have done so knowing that their job re- can and will agree so that we can work to pre- smile and kind words served to disarm even mained safe and secure. Indeed, many em- serve the protections offered to workers by the the most guarded employee or visitor to City ployers have gone far beyond the require- FMLA, address failings in the Act that serve Hall. Whether presenting a rose to a charmed ments of the FMLA, providing their employees the interests of neither employers nor employ- female colleague or offering a kind word to a with leave benefits beyond those required ees, and ensure that the benefits afforded to visitor, Mr. Kyovsky did so with grace, dignity under state or federal law. millions of working Americans in the last 12 and humanity. His personal difficulties never In congressional hearings on the FMLA, in years will be afforded to millions more in the prevented him from helping others, and he did town meetings, and in speaking with both em- years to come. so daily. Mr. Kyovsky’s life was a lesson in hu- ployers and employees in our districts, we f manity, showing us the power of kindness and hear that so much of the FMLA works the way giving—universal truths infinitely more su- Congress intended. As all of us who serve in HONORING CONTRIBUTIONS OF preme than any lofty municipal project or polit- this body know, however, actions we take CATHOLIC SCHOOLS ical agenda. here in Congress with the best of intentions Mr. Speaker and colleagues, please join me often end up going in a direction we don’t ex- SPEECH OF in honor and remembrance of Andrew M. pect. HON. MICHAEL R. TURNER In particular, with respect to the FMLA, we Kyovsky, whose exceptional work in the mail OF OHIO have heard that the ‘‘family’’ part of Family room at Cleveland City Hall is eclipsed only by IN THE HOUSE OF REPRESENTATIVES and Medical Leave has worked well, providing the brilliant legacy of his gentle and coura- employees a much-needed benefit and the Tuesday, February 1, 2005 geous heart. I offer my deep condolences to his mother, Ann Kyovsky; his sister and broth- time to care for a newborn or adopted child, Mr. TURNER. Mr. Speaker, I am pleased to while enabling employers to manage and er-in-law, Margaret and Joseph Dzurma; his join with my colleagues in recognition of nieces, Anne Marie and Paula; and also to his maintain the productivity of their workforce. Catholic Schools Week. It appears that implementation of ‘‘medical’’ extended family and many friends. His friend- My district is home to over 30 Catholic ship, perseverance and unyielding loyalty will leave has been less successful. It is plain that schools, serving a whole generation of young Congress intended FMLA to serve as a safety forever light the hearts of all whom knew and people and their families. My district is also loved him well. net for employees to meet serious and unfore- home to the University of Dayton, one of the seen medical needs. The Act was not in- nation’s ten largest Catholic universities and f tended to be—nor dare I say would it have the largest private university in the state of been enacted if it were—a national ‘‘sick Ohio. I am a proud alumnus of the University leave’’ policy. When medical leave is used for ACKNOWLEDGING THE SERVICE OF of Dayton, where I earned my MBA. ELAINE T. VALENTE those serious health conditions for which it is Catholic schools have enriched the lives of intended, we hear from employers that morale generations of students. These schools have and productivity are unaffected—indeed, that attained a well-earned reputation for academic HON. MARK UDALL employees often rally to the aid of a col- excellence, and it is appropriate that Congress league. In contrast, where medical leave is OF COLORADO pay tribute to their contributions to our country. abused, or used beyond its intended purpose, Catholic schools welcome children from a vari- IN THE HOUSE OF REPRESENTATIVES morale and productivity suffer, employers are ety of social and economic backgrounds, and unable to manage their workplace, and resent- Wednesday, February 2, 2005 many non-Catholic parents have turned to ment grows in co-workers who are forced to these schools to educate their children. The Mr. UDALL of Colorado. Mr. Speaker, I rise pick up chronic slack. theme of this year’s week is: ‘‘Faith in Every today to acknowledge an important leader in Similarly, we have heard repeatedly that the Denver, Colorado metropolitan area. Ms. recordkeeping and notice requirements under Student.’’ I strongly support the sound, values- based education Catholic schools provide. Elaine Valente, outgoing Commissioner for the Act are not in tune with the realities of to- Adams County, will be leaving her post after day’s workplace, and serve as a barrier to I am proud to join my colleagues in support 16 years of dedicated service. both employers and employees in knowing of H. Res. 23, honoring the contributions of and exercising their rights. Concerns about Catholic schools in America and thank my col- Commissioner Valente was born and raised misapplying the FMLA have often discouraged league, Representative MARK KENNEDY of Min- in Adams County. She and her husband Larry employers from providing more generous nesota, for bringing this resolution to the atten- own the successful Valente’s Deli, are proud leave policies to their workers. Research also tion of the House. parents of two accomplished children, and are has shown that confusion surrounding FMLA f passionate community activists. regulatory requirements has actually served to IN HONOR AND REMEMBRANCE OF Elaine’s interest in her community began hurt those it was supposed to help—workers. ANDREW M. KYOVSKY long before assuming her role as County Employers and employees alike have ex- Commissioner. She severed on the Adams pressed concerns that the effectiveness of the County Planning Commission, the City of law is being hampered by the way the Act has HON. DENNIS J. KUCINICH Westminster Urban Renewal Authority, the been implemented by regulatory agencies and OF OHIO Westminster Planning Commission, the Citi- interpreted by the courts. This is troubling and IN THE HOUSE OF REPRESENTATIVES zen’s Evaluation for Retention of Judges, and has, unfortunately, led to charges that the Wednesday, February 2, 2005 the School District 50 Superintendent’s Parent FMLA is a bad law. As a supporter of the Advisory Committee. FMLA, I would be the first to say that is not Mr. KUCINICH. Mr. Speaker, I rise today in honor and remembrance of Andrew M. That deep passion to give something back true: the FMLA is a good law, although with and to help improve the community in which the benefit of 12 years of experience, perhaps Kyovsky, beloved son, brother, uncle, col- league and friend to many. His steady and she lives motivated her to run and win election a law in need of fine-tuning. Without action to as a County Commissioner in 1988. After her clarify the law, we will surely see an increas- spirited presence radiated warmth and light election, Elaine began a noteworthy carrier as ing number of lawsuits challenging FMLA reg- along the granite walkways of Cleveland City a public official. Serving as Chairman of the ulations—litigation that costs employees, em- Hall, and his kind and gentle spirit will be commissioners, she took an interest in many ployers, unions and the courts valuable time, deeply missed. issues affecting her constituency, helping pave effort and money. Mr. Kyovsky’s 41 year legacy as the key On the anniversary of its enactment, I look staffer in the mail department of Cleveland the way for future county development and re- forward to working with a wide array of mem- City Hall was framed by loyalty, dependability, sponsible economic achievement. Elaine’s bers of Congress on both sides of the aisle integrity and concern for others. He rarely heartfelt desire for progress in the county she and in both chambers of Congress, to keep missed a day of work, and his love for his job knew from birth allowed us all to bask in the the best parts of the FMLA intact, while tar- and for the people he worked with reflected results of her accomplished career. geting common-sense, necessary improve- daily within the smiles and laughter he enticed Mr. Speaker, I ask my colleagues to join me ments where the Act has failed to meet Con- from others—from the first-floor receptionist to in honoring Ms. Elaine Valente and in wishing gressional expectations. seven of Cleveland’s mayors—including me. her success in all her future endeavors. It has Many issues in Congress are polarized, but Despite life-long medical challenges, Mr. been a true privilege to work with such a re- restoring the Congressional intent of this law Kyovsky’s spirited demeanor, generous heart markable public servant.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.053 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E147 IN RECOGNITION OF KYLE RICH- the administration of justice in a particular fed- So as we mourn the sudden and shocking ARD KELSON UPON ACHIEVE- eral case. In fact, in many instances the crit- loss of Matt Petrasich, we should also cele- MENT OF EAGLE SCOUT COURT ical information which first alerts federal pros- brate the vigilance and dedication of the men OF HONOR ecutors to conduct justifying a criminal pro- and women who work day and night at the ceeding or first alerts civil litigants to facts giv- port—the supervisors, the crane operators, the HON. ELLEN O. TAUSCHER ing rise to a private cause of action is con- shift workers and, of course, hatch bosses like OF CALIFORNIA tained in a news story which could only have Matt. I offer my deepest condolences to Cathe IN THE HOUSE OF REPRESENTATIVES been reported upon assurance of anonymity to the news source. Bjazevich Petrasich, his wife of 24 years, and Wednesday, February 2, 2005 I commend my colleague Mr. PENCE for his to his family, his friends and co-workers. The Mrs. TAUSCHER. Mr. Speaker, I rise today leadership on this measure and look forward Port of Los Angeles has lost a special man. to pay tribute to my constituent Kyle Richard to working with him to obtain rapid approval of f Kelson of Eagle Scout troop #204 in Lafayette, the bill in the House. IN RECOGNITION OF LAZAR AND California, as he receives the distinguished f FRANCIA PIRO honor of the Eagle Scout rank. The honor of Eagle Scout is given only to ON THE DEATH OF those young men who have demonstrated that LONGSHOREMAN MATT PETRASICH HON. DENNIS A. CARDOZA they have fulfilled its rigorous requirements, in- OF CALIFORNIA cluding living by the Scout Oath and Law, ris- HON. JANE HARMAN IN THE HOUSE OF REPRESENTATIVES ing through the Boy Scout ranks, earning 21 OF CALIFORNIA Wednesday, February 2, 2005 merit badges, serving as a leader, and plan- IN THE HOUSE OF REPRESENTATIVES Mr. CARDOZA. Mr. Speaker, it is with the ning and leading a service project for their Wednesday, February 2, 2005 greatest pleasure that I rise today to honor community. This is not an honor given out Lazar and Francia Piro on the occasion of lightly: this young man is becoming an Eagle Ms. HARMAN. Mr. Speaker, a tragedy oc- their 40th Wedding Anniversary. Scout because he is intelligent, dedicated, and curred Monday at the Port of Los Angeles Lazar Piro and Francia Yacou met in Beirut, principled. when longshoreman Matt Petrasich—a 40– Lebanon in the early 1960’s and married soon I am proud to call Kyle Richard Kelson my year veteran of the docks—was killed as he after on January 31, 1965. They began a fam- constituent, for he is a shining example of the supervised workers unloading cargo from a ily in 1966 with the birth of their daughter promise of the next generation. Indeed, he ship. The entire port community is stunned by Caroline. Their family quickly grew with the represents the best of the young people in our this unexpected loss. births of their two sons, George in 1967, and country. I extend my sincere congratulations to Mr. Petrasich was something of a Pied Serj in 1968. Ten years later, in July 1979, the him and his family, on this momentous occa- Piper at the port, a hatch boss beloved by Piros left Lebanon for Turlock, California sion. younger workers who vied to work on his where Lazar’s brother and Francia’s sisters re- shifts and respected by his peers for his years f sided. Shortly after arriving in the United of hard work, sparkling sense of humor and States, the family moved again as Lazar took INTRODUCTION OF FREE FLOW OF big heart. Just ask Danny Miranda, president a job with a dental company in Des Moines, INFORMATION ACT OF 2005 of ILWU Local 94, who said, ‘‘Everybody on Iowa in 1980. The family resided in Iowa until this waterfront is grieving. He was loved by a 1985, at which time Lazar decided to start his HON. RICK BOUCHER lot of people.... He was the life of the own business and return to California. Twenty OF VIRGINIA party. Just a wonderful person.’’ years later, Piro Trading International remains IN THE HOUSE OF REPRESENTATIVES Work on the waterfront is often fraught with a thriving family business in Stanislaus Coun- danger. The men and women who toil on the ty. Wednesday, February 2, 2005 docks know the risks better than anyone else. In addition to creating and maintaining a Mr. BOUCHER. Mr. Speaker, I am pleased But their around-the-clock contribution keeps successful family business, Lazar and Francia today to join with my colleague from Indiana, Americans in work, business inventories full raised three successful children. All three of Mr. PENCE, in introducing the Free Flow of In- and our seaports more secure. their children obtained college educations, formation Act, legislation which will advance As best we understand the fatal accident, each having attended California State Univer- the public’s right of access to information of Mr. Petrasich was crushed by a container sity, Stanislaus. Caroline, who now works with broad public interest. about 9:30 in the morning as he worked her father in the family business, currently re- Our measure addresses an increasingly aboard the Panamanian-flagged Ever Deluxe sides in Turlock with her husband Sam and common problem. Last year, 12 reporters ship. It was a crane operator who first spotted their 12-year-old son George. Serj also re- were threatened with jail sentences in federal his body and notified port authorities. sides in Turlock, where he is a Territory Man- courts for refusing to reveal confidential news It was also a crane operator, John Rivera of ager for a pharmaceutical company. George, a sources. Reporters rely on the ability to assure ILWU Local 13, who 3 weeks ago, on a Satur- FBI agent, now lives in Herndon, Virginia with confidentiality to sources in order to deliver day night, noticed something strange. While his wife Mona and their two sons Lazar, 12 news to the public. The ability of news report- moving cargo off a ship, he spotted from his and Marcus, 9. ers to assure confidentiality to sources is fun- perch high above the docks three people Throughout the years, the Piros have been damental to their ability to deliver news on crawling out of a hole in the side of a con- admired for their strong relationship, and re- highly contentious matters of broad public in- tainer. Port inspectors opened the container spected for their commitment to the commu- terest. Without the promise of confidentiality, and found inside 28 men and 4 male teen- nity. Francia has dedicated her life to her hus- many sources would not provide information to agers from China—illegal stowaways who had band and family, as a devoted wife and moth- reporters, and the public would suffer from the hidden themselves 10 days earlier at the Chi- er of three. With her support and companion- resulting lack of information. nese port city of Shekou. The container mani- ship, Lazar remains deeply involved in the Thirty-one states and Washington, DC, cur- fest listed the contents simply as ‘‘clothing.’’ community. Since settling down in Turlock, he rently have statutes protecting reporters from Mr. Speaker, in an era of terrorism and has dedicated himself to the Assyrian commu- compelled disclosure of sources of informa- WMD proliferation, the threats against America nity having founded an organization aimed at tion. It is time to provide similar protections in emanate from the shadows, from underground providing aid to those in need. He currently the federal courts. black markets, from sleeper cells, and even participates in many committees and boards I have long believed that the Freedom of the from cargo containers in the Port of Los Ange- throughout the County, including the Assyrian Press provision of the first amendment should les innocently labeled ‘‘clothing.’’ National Council of Stanislaus County. be interpreted by the courts to empower re- If not for Mr. Rivera, that container would al- It is my honor and privilege to join Lazar porters to refrain from revealing their sources. most certainly have made its way past port in- and Francia’s family and friends in recognizing Since the courts have not found this privilege spectors and into Greater Los Angeles. That the very special and momentous occasion of to attend the first amendment, a statutory cargo could have been a 32–man terrorist their 40th Wedding Anniversary. Our commu- grant of the privilege has become necessary. cell—13 more than the 19 terrorists who at- nity benefits greatly from the splendid example In deciding to introduce this measure, I have tacked us on 9/11. As ILWU Local 13 presi- they have set. Marriages such as theirs form concluded that the public’s right to know dent Dave Arian rightly notes, ‘‘We are the a sound foundation for our country, and con- should outweigh the more narrow interest in eyes and ears of the port.’’ tribute greatly toward making this a better

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.058 E02PT1 E148 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 world in which we live. I ask all of my col- ments. Also, I would look to the National ON BEHALF OF DR. CHARLES leagues to join me in offering Mr. and Mrs. Parks Service to tackle issues like chronic HAMILTON Lazar and Francia Piro best wishes for contin- wasting disease and deal with them effec- ued happiness. tively. These are reasonable concerns that f should be met as this process moves forward. HON. CHARLES W. BOUSTANY, JR. INTRODUCTION OF THE WIND Wind Cave National Park has been a valued OF LOUISIANA American treasure for more than 100 years. CAVE NATIONAL PARK BOUND- IN THE HOUSE OF REPRESENTATIVES ARY REVISION ACT OF 2005 We have an opportunity with this legislation to expand the park and enhance its value to the Wednesday, February 2, 2005 public so that visitors will enjoy it forever. It is HON. STEPHANIE HERSETH my hope that my colleagues will support this Mr. BOUSTANY. Mr. Speaker, I rise today OF SOUTH DAKOTA expansion of the park and pass this legislation and recognize the achievements and accom- IN THE HOUSE OF REPRESENTATIVES in the near future.. plishments of a great and beloved physician Wednesday, February 2, 2005 from Lafayette, Louisiana. Dr. Charles Ham- Ms. HERSETH. Mr. Speaker, I rise today to f ilton passed away on Friday, October 22, introduce the Wind Cave National Park 2004 after a battle with cancer of the esoph- INTRODUCTION OF MAGLITE agus. On his retirement, Dr. Hamilton was Boundary Revision Act of 2005. PATENT EXTENSION South Dakota’s Wind Cave National Park asked, ‘‘What are the most memorable events was one of our nation’s first national parks of your medical career?’’ His response was and is one of the jewels in our national park HON. JOE BACA simple, ‘‘Practicing in Lafayette.’’ system. President Theodore Roosevelt signed From 1954 to 1988, Dr. Hamilton practiced OF CALIFORNIA the legislation creating Wind Cave National pediatrics as a partner in the Hamilton Medical Park on January 9, 1903. With that act, Wind IN THE HOUSE OF REPRESENTATIVES Group. Dr. Hamilton worked as a physician Cave became the first cave in the world to be Wednesday, February 2, 2005 field representative for the Joint Commission designated as a national park. on the Accreditation of Healthcare Organiza- The cave itself, after which the park is Mr. BACA. Mr. Speaker, while many manu- tion from 1989 to his retirement in 2003. Dr. named, is one of the world’s oldest, longest facturers have been cutting costs by relocating Hamilton’s special interest remained in the de- and most complex cave systems, with more overseas or contracting to foreign companies, livery of high quality medical care and it is to- than 114 miles of mapped tunnels. To this one small flashlight manufacturer has decided ward that end that he pursued further edu- day, cave enthusiasts continue to explore the to stay put in the U.S.A. cave and map new passages. In fact, Wind cation and practice in the field of healthcare Cave has very recently become recognized as Right now that company is in danger and administration. Dr. Hamilton was acutely the fifth-longest cave in the world. It is well needs our help. aware of the treatment of children because he known for its exceptional display of boxwork, Mag Instrument, maker of the Maglite flash- was the parent of a chronically ill child. His a rare, honeycomb-shaped formation that pro- light, filed for a reissue patent in 1990 but was son, Charles Hamilton, was born with the trudes from the cave’s ceilings and walls. not approved until 2003—13 years later. The blood-clotting disorder, Hemophilia. While the cave is the focal point of the park, delay in that 2-year extension led to countless Dr. Hamilton was special for many reasons the land above the cave is equally impressive, foreign manufacturers copying the design, but one reason was his embrace and protec- with more than 28,000 acres of grasslands, flooding foreign markets with their knock-offs tion of the hemophilia community. Dr. Ham- forests, and streams. The park is one of the ever since. ilton developed a reputation for his diligence, few remaining mixed-grass prairie ecosystems The Maglite patent expires this year. If we sensitivity, and resourcefulness in treating chil- in the country, and is a National Game Pre- let that happen we can expect a flood of dren with hemophilia; these characteristics are serve that provides a home for abundant wild- knock-offs here in the U.S.A., jeopardizing 900 often missing in hemophilia treatment. In fact, life such as bison, deer, elk and birds. American jobs and a great American product. one single parent brought her son with hemo- The Wind Cave National Park Boundary Re- Today, I am proud to introduce legislation to philia to see him after moving to Lafayette. Dr. vision Act will help expand the park by ap- extend the patent for the Maglite flashlight for Hamilton later married that single mother, Jan- proximately 20 percent in the southern ‘‘key- an additional 2 years. ice Hamilton and adopted her young son, hole’’ region. The current landowners are will- Charles. In a community where fathers often ing sellers that would like to see it protected The Maglite flashlight is not some fancy abandon children with hemophilia, or other- from development and preserved for future medicine or artificial heart, but nonetheless generations. The land is a natural extension of represents American innovation and the ability wise are not involved with treatment, Dr. Ham- the park, and boasts the mixed-grass prairie of one man to turn a great idea into ‘‘the ilton embraced a family with this dreaded dis- and ponderosa pine forests, including a dra- American dream.’’ order. Sadly, Dr. and Mrs. Hamilton lost their matic river canyon. The addition of this land The Maglite is a beloved tool of police offi- son Charles in 1979 due to complications from will enhance recreation for hikers who come cers, firefighters, and E.M.T.’s nationwide. Mili- a bleed. for the solitude of the park’s back country. It tary units often replace their service issue Because of their son’s illness and untimely will also protect archaeological sites, such as flashlights with Maglites. Engineers at the USS death, Dr. Hamilton worked side by side with a dramatic buffalo jump, over which early Na- Cole credited this flashlight with helping them his wife in her determination to improve the tive Americans once drove the bison they to save lives and to keep the ship from sink- quality of life for people with hemophilia and hunted. ing. their families in the United States. For their ef- This plan to expand the park has strong That is why I am proud to introduce this leg- forts Dr. and Mrs. Hamilton were given the in- support in the surrounding community. Most islation today along with 10 of my colleagues, augural Charles Stanley Hamilton Legacy South Dakotans recognize the value in ex- and the support of the National Association of Award for Lifetime Achievement from the He- panding the park, not only to encourage addi- Police Organizations, its 52 affiliates and my mophilia Federation of America. tional tourism in the Black Hills, but to perma- hometown police organization, the San nently protect these extraordinary lands for fu- Dr. Hamilton served numerous local, state Bernardino County Safety Employees’ Asso- and national organizations because commu- ture generations of Americans to enjoy. ciation. Governor Michael Rounds has expressed nity service was an important aspect of his his support for the park expansion and both Mr. Speaker, I urge my colleagues to join overall beliefs. Dr. Hamilton worked with the Senators in South Dakota’s delegation, TIM me by cosponsoring this bill. We need to Louisiana Epilepsy Association, Louisiana JOHNSON and JOHN THUNE, are introducing make sure our police officers and first re- Chapter of the National Hemophilia Founda- companion legislation in the Senate to expand sponders have this nearly indestructible Amer- tion, which he served as President, the Na- the park boundaries. ican-made steel flashlight instead of a fragile tional Hemophilia Foundation, and the Hemo- I believe that this expansion can be foreign knock-off flashlight made of aluminum philia Federation of America. His wife, Janice achieved without a reduction in the acreage or plastic. Hamilton, and three surviving children and 5 accessible to the public for hunting, and with- We need to keep the seal ‘‘Made in the grandchildren survive Dr. Hamilton. Louisiana out a loss of tax revenue to county govern- U.S.A.’’ on this great all-American flashlight. has lost a great public servant with no equal.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.061 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E149 IN RECOGNITION OF RON notable examples being the Genesis and IM- consumers, through a new Medical Innovation STEWART PACT programs. Commissioner Stewart’s ad- Prize Fund. Prices for prescription drugs to vocacy for enhanced funding of social pro- consumers would be at low generic prices im- HON. MARK UDALL grams has made all the difference in a num- mediately upon entry to the market. OF COLORADO ber of ballot questions, notably the Worthy By breaking the link between drug prices and R&D, we can provide more equitable ac- IN THE HOUSE OF REPRESENTATIVES Cause Tax, and as a result, Boulder County’s nonprofit human service agencies get the sup- cess to medicine, end rationing and restrictive Wednesday, February 2, 2005 port they need. formularies, and manage overall R&D incen- Mr. UDALL of Colorado. Mr. Speaker, I rise Commissioner Stewart has been a careful tives through a separate mechanism that can today to recognize Ron Stewart for his many custodian of the taxpayers’ dollars, managing be increased or decreased, depending on so- years of public service and the many contribu- the county’s budget with restraint and accord- ciety’s willingness to pay for medical R&D. tions he has made to the people of Colorado. ing to the highest ethical standards. He has The bill, by rewarding only truly innovative I want to thank him on behalf of all Boulder’s consistently represented the Office of County products that provide new therapeutic benefits citizens for the depth and diversity of contribu- Commissioner with grace and dignity. to consumers, would also dramatically reduce tions he has made to ensure that Boulder On a personal level, I know Ron to be a re- wasteful expenditures such as those on re- County remains a very special place to live. markable leader, a dependable colleague, and search, development and marketing of ‘‘me- A lifelong resident of Longmont, Ron has a kind person with an infectious laugh. It is my too’’ medicines. been active in Colorado politics for over 30 sincere hope that his retirement from the office SUMMARY OF THE MEDICAL INNOVATION PRIZE FUND years. During college he organized the Young of County Commissioner will open the door to The current system for financing research Democrats in Longmont for several years and a future of rewarding experiences. Mr. Speak- and development of new medicines is broken. was elected Chair of the Boulder Democratic er, I ask my colleagues to join with me in High prices are a barrier to access. Compa- Party at the age of 21. He graduated with a thanking Ron Stewart for all of the good and nies invest too much in non-innovative ‘‘me- too’’ products and too little on truly innovative Bachelor of Arts degree in Political Science important work he has done for Boulder Coun- medicines. Massive expenditures on marketing from the University of Colorado and did grad- ty and Colorado. of products consume too many resources with uate work at the University of Colorado in f Denver in Public Administration. He served as very little if any net social benefits. Executive Director of the Colorado State Party IN RECOGNITIION OF SAMUEL STE- My legislation, H.R. 417, creating the Med- from 1972 through 1975 and was elected to PHEN DRUCKER UPON HIS ical Innovation Prize Fund is an attempt to the Colorado Senate in 1976 where he served ACHIEVEMENT OF EAGLE SCOUT fundamentally restructure this system. It pre- two terms, retiring as Senate Minority Leader. COURT OF HONOR sents a new paradigm for R&D of new medi- Before being elected as Boulder County cines. This is how it would work: The legislation would separate the markets Commissioner in 1984, Ron was a member of HON. ELLEN O. TAUSCHER for products from the markets for innovation. the Mile High United Way Board of Directors OF CALIFORNIA Products would become generics immediately and Chairman for the Political Action for Con- IN THE HOUSE OF REPRESENTATIVES after FDA approval. servation. From 1977–1982 he served on the Wednesday, February 2, 2005 The innovators would be rewarded from a Boulder County Parks and Open Space Advi- massive Medical Innovation Prize Fund, MIPF. sory Committee, and he was a member of the Mrs. TAUSCHER. Mr. Speaker, I rise today The MIPF would make awards to devel- Colorado Environment Lobby Board of Direc- to pay tribute to my constituent Samuel Ste- opers of medicines, based upon the incre- tors from 1985–1986. phen Drucker of Eagle Scout troop No. 204 in mental therapeutic benefits of new treatments. He has earned several honors, including Lafayette, California, as he receives the distin- The MIPF would also have minimum levels ‘‘Outstanding Senator’’ in 1984 from the Colo- guished honor of the Eagle Scout rank. of funding for priority healthcare needs such rado Social Legislation Committee and ‘‘Friend The honor of Eagle Scout is given only to as: (1) Global infectious diseases; (2) dis- of Education Award’’ from the Colorado Edu- those young men who have demonstrated that eases that qualify under the U.S. Orphan Drug cation Association in 1986, and has received they have fulfilled its rigorous requirements, in- Act; (3) neglected diseases primarily affecting awards from PLAN Boulder County, Boulder cluding living by the Scout Oath and Law, ris- the poor in developing countries. County Audubon, and the Colorado Chapter of ing through the Boy Scout ranks, earning 21 These pay-outs would take place over the Trout Unlimited. He also has been recognized merit badges, serving as a leader, and plan- first ten years of use of a medicine. The pay- nationally for his work on intergovernmental ning and leading a service project for their ments from the MIPF would always go to the cooperation. This year, the American Planning community. This is not an honor given out developer of the new medicine, regardless of Association bestowed upon him the very pres- lightly: this young man is becoming an Eagle who actually sells the product to consumers. tigious Distinguished Elected Official Award. Scout because he is intelligent, dedicated, and The legislation proposes to set the MIPF As a county commissioner, Ron has served principled. pay-outs at .5 percent of the national income with distinction from 1985–2005. He has been I am proud to call Samuel Stephen Drucker of the United States (as measured by GDP). a visionary in the development of Boulder my constituent, for he is a shining example of An independent Board of Trustees would County’s Open Space Program, leading the the promise of the next generation. Indeed, he manage the MIPF. Trustees would include key effort to protect the county’s natural beauty represents the best of the young people in our government officials, as well as persons from and preserve its agricultural heritage. Commis- country. I extend my sincere congratulations to the private sector, representing industry, pa- sioner Stewart has gained nationwide respect him and his family, on this momentous occa- tient groups and medical researchers. and admiration for his commitment to orderly sion. Inventors would be free to obtain patents, and to use patents normally, until the FDA ap- land use planning that is built on cooperation f and consensus, particularly through the Super- proves a new medicine. At that point, the pat- IGA. In presiding over an era of de-centraliza- MEDICAL INNOVATION PRIZE ent owner would be remunerated from the tion of services, Commissioner Stewart has FUND MIPF, rather than from royalties on high drug been a vigorous advocate for improving coun- prices. ty government accessibility. In developing new HON. BERNARD SANDERS f ways to involve stakeholders in the county’s OF VERMONT TRIBUTE TO U.S. MARINE CORPO- policy making process, he has done much to IN THE HOUSE OF REPRESENTATIVES RAL CHRISTOPHER L. WEAVER make government more understandable to its constituents. In trying to find ways to lessen Wednesday, February 2, 2005 the impacts of policy changes on those con- Mr. SANDERS. Mr. Speaker, I wanted to HON. JOHN LINDER OF GEORGIA stituents least able to adjust to them, he has share with you a summary of H.R. 417, legis- IN THE HOUSE OF REPRESENTATIVES shown his compassion for the less fortunate. lation I recently introduced that would change I am particularly appreciative of the work the paradigm for financing medical R&D and Wednesday, February 2, 2005 Commissioner Stewart has done to invigorate pricing prescription drugs in the United States. Mr. LINDER. Mr. Speaker, this morning, I the Boulder County social services delivery Rather than rely on high drug prices as the was informed by one of my staff that a child- system, by fostering collaboration in program incentive for R&D, the bill would directly re- hood acquaintance of his, U.S. Marine Cor- development and management, leading the ward developers of medicines, on the basis of poral Christopher L. Weaver, was killed in ac- way to innovative problem-solving, the most a drug’s incremental therapeutic benefit to tion in Iraq just last week.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.065 E02PT1 E150 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 His death is a reminder that this current war care. That’s why AHPs will increase the num- had to go to the end of the line and wait for on terror has affected American families and ber of insured Americans by up to 8 million health care. Subsequent laws removed them their friends every day since September 11, people. entirely from the military health care system 2001, in Afghanistan, Iraq, and across the The cost-saving benefits of AHPs would when they became eligible for Medicare, re- globe. In this case, Corporal Weaver grew up help the small employers of Main Street ac- sulting in a dramatic reduction in health care in the city of Fredericksburg, Virginia. This cess coverage at a more affordable price. benefits. quiet but intelligent and energetic young man AHPs aren’t the only solution to the number The Appeals Court ruled against the plain- was a lifelong Boy Scout who eventually at- of uninsured in America, but they certainly tiffs on a technicality, arguing that promises by tained the rank of Eagle Scout. He was also take a large step in the right direction. recruiters were invalid because only Congress a graduate of Virginia Tech University, where It is the least Congress can do to ensure could authorize military health care, which he became a Reservist for the United States that the American people will receive better Congress had not done when the plaintiffs en- Marine Corps. After serving for 6 years in the health care at a more reasonable price. tered the service. But although the retired Marine Reserves, Corporal Weaver was asked I urge my colleagues to cosponsor this im- colonels lost their case on that technicality, I to serve his country by going to Iraq. It was portant legislation. believe they won their moral battle on principle because the Court acknowledged the injustice there, in the Al Anbar Province of Iraq, that f Corporal Weaver was killed on January 26, of their case. As the Court said: INTRODUCTION OF THE KEEP OUR 2005. We cannot readily imagine more sympa- PROMISE TO AMERICA’S MILI- thetic plaintiffs than the retired officers of I do not pretend to believe that all will share the World War II and Korean War era in- the same views of our presence in Iraq, and TARY RETIREES ACT IN THE 109TH CONGRESS volved in this case. They served their coun- while I am encouraged by the acts of democ- try for at least 20 years with the under- racy playing out over the nation’s countryside standing that when they retired they and this past weekend, only history can tell wheth- HON. CHRIS VAN HOLLEN their dependents would receive full free er our means will inevitably lead to their in- OF MARYLAND health care for life. The promise of such health care was made in good faith and re- tended ends. Nevertheless, while we may not IN THE HOUSE OF REPRESENTATIVES lied upon. . . . Perhaps Congress will con- all agree on the substance or rationale behind Wednesday, February 2, 2005 sider using its legal power to address the this war, we can agree that this war has had moral claims raised by Schism and Reinlie a profound effect on all Americans. Mr. VAN HOLLEN. Mr. Speaker, I rise to in- on their own behalf, and indirectly for other History immortalizes those whose selfless form my colleagues that today I have intro- affected retirees. acts and deeds of bravery were made in the duced the ‘‘Keep Our Promise to America’s It is ironic, Mr. Speaker, that American sol- hopes of bringing a greater good not just for Military Retirees Act’’ in the 109th Congress diers are fighting—and dying—for freedom in their country, but for humanity as a whole. We along with Representatives CHET EDWARDS of Iraq while American veterans and military retir- know them as heroes. I am proud of the serv- Texas, JEFF MILLER of Florida, and DUKE ees have to fight for health care to which they ice and the sacrifice made by those troops CUNNINGHAM of California. This bipartisan bill are rightfully entitled. Military retirees are un- who have given their lives so that people can addresses recent developments and offers derstandably outraged by comments made by live in freedom. Corporal Weaver and those meaningful remedies to the ‘‘broken promise’’ Dr. David Chu, Under Secretary of Defense across the nation that we have lost may not of health care for military retirees. for Personnel and Readiness, that dem- have considered themselves to be heroes. We have sent thousands of troops to do onstrate a callous disregard for their past serv- America, however, should. And though these battle in Iraq and Afghanistan. We are creating ice and sacrifice. In a January 25, 2005 article heroes may no longer be in this world, their a new generation of veterans who have been in the Wall Street Journal, Dr. Chu, discussing families and their fellow citizens should know willing to make the ultimate sacrifice for our federal dollars obligated to health care for our that they continue to live on in our minds, in country. Our government must be accountable veterans and military retirees, was quoted as our hearts, and in our prayers now and for- for the promises it makes to young men and saying, ‘‘The amounts have gotten to the point ever. women who are asked to serve our country in where they are hurtful. They are taking away this way. f from the nation’s ability to defend itself.’’ For generations, recruits for military service Dr. Chu was quoted again on February 1 in THE SMALL BUSINESS HEALTH were promised by their own government that an Associated Press story about proposed in- FAIRNESS ACT OF 2005 if they served a career of 20 years in uniform, creases in benefits to survivors of soldiers then they and their dependants would receive killed in battle. This is directly from that story: HON. SAM JOHNSON health care upon retirement. But while these Chu said he was concerned that in recent OF TEXAS career soldiers put their lives on the line for years Congress had gone too far in expanding our country, the government did not keep its military retiree benefits, but he said the pro- IN THE HOUSE OF REPRESENTATIVES end of the contract. posed increase in survivor benefits was well Wednesday, February 2, 2005 The Courts have laid to rest the question of justified. Bigger military benefits that apply mainly Mr. SAM JOHNSON of Texas. Mr. Speaker, who is responsible for making good on prom- to retirees and their families are making it I rise today to introduce the ‘‘Small Business ises of lifetime health care that were made to harder for the Pentagon to afford financial Health Fairness Act of 2005.’’ young men and women who joined the service incentives targeted at maintaining today’s Our Nation’s small businesses are the back- during World War II and the Korean eras. In military, Chu said. bone of our economy, and unfortunately, the June of 2003 the U.S. Supreme Court decided ‘‘They are starting to crowd out two cost of health care is placing an unbearable not to consider an appeal to a November 18, things: first, our ability to reward the person 2002 Federal Appeals Court ruling in a suit who is bearing the burden right now in Iraq burden on many of them. or Afghanistan,’’ Chu said. ‘‘(Second), we are Sixty percent—over 24 million—of uninsured filed against the government of the United undercutting our ability to finance the new Americans work in small businesses. Some of States on behalf of World War II and Korean gear that is going to make that military per- these people are offered insurance and turn it era military retirees. Retired Air Force Colonel son successful five, ten, 15 years from now.’’ down because they can’t pick up their part of George ‘‘Bud’’ Day, a highly decorated Con- I do not think Dr. Chu meant to imply that the tab. gressional Medal of Honor recipient, filed a it is wrong that we provide earned and prom- This bill allows small businesses to band to- breach of contract suit on behalf of two retired ised health care benefits to our military retir- gether to form Association Health Plans, colonels who contended they had been re- ees, veterans and their families; at least I AHPs. These AHPs will lower the cost of cruited into military service as young men with hope that Dr. Chu was implying that Congress health care for small businesses and thereby the promise of lifetime health care upon retire- needs to address the dilemma within the fed- significantly expand access to health coverage ment after serving at least 20 years in uniform. eral budget where the needs of ongoing mili- for uninsured Americans by, among other In 1956, long after Col. Day’s clients signed tary operations and active duty personnel are things: (1) Increasing small businesses’ bar- up for military duty, Congress enacted the first forced to compete with the needs of military gaining power with health care providers, and laws that defined, and began to limit, the level retirees and veterans. But the implications of (2) giving employers freedom from costly of health care that would be provided to mili- Dr. Chu’s words are undeniable—that keeping state-mandated benefit packages. tary retirees. These laws, which took effect on the promises our country made to our military Basically, the legislation puts small busi- December 7, 1956, made health care avail- veterans and retirees simply is not a priority. nesses on equal footing with large employers able at military facilities conditioned on space Military retirees and their families, who have and unions when it comes to buying health availability—in other words, military retirees been misled by empty promises in the past,

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.069 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E151 see the root of the dilemma in Dr. Chu’s enact into law the important provisions of the onstrates not only President Nazarbayev and words: that they have served their purpose to Keep Our Promise to America’s Military Retir- Speaker Abikayev’s personal commitment to America and are no longer needed, that ees Act. the idea of religious tolerance in their country they—who served a career in uniform to pro- f and throughout Central Asia, but to also learn tect our freedoms—are now looked upon as a more about our country’s tradition and beliefs burden on society, that they have been used KAZAKHSTAN PROMOTES and how America’s religious and ethnic diver- up and thrown away like an old worn out RELIGIOUS TOLERANCE sity has also become a source of strength in paper bag. our Nation. That is why our offices have received thou- HON. BEN CHANDLER As one who sits on the House International sands of brown paper bags in the mail, with OF KENTUCKY Relations Committee, I have come to appre- messages written on them urging this body to IN THE HOUSE OF REPRESENTATIVES ciate the difficulty and challenge these coun- pass the Keep Our Promise to America’s Mili- Wednesday, February 2, 2005 tries face in making the transition to Western- tary Retirees Act. I am told that, as of today, style democracies where freedom and free military retirees and their families and sup- Mr. CHANDLER. Mr. Speaker, this week markets are new experiences. It has been un- porters have sent over 20,000 paper bags to nearly 4,000 people will attend the National even, to be sure, and there is plenty of room Congress and that more are arriving every Prayer Breakfast, including 1,500 representing for criticism. But I do applaud Kazakhstan’s day. 170 nations from all continents of the world. leadership and example in insuring that reli- The Keep Our Promise to America’s Military What began in 1952 as a small gathering, led gious freedom will be a cornerstone of building Retirees Act was originally introduced in 1999 by President Eisenhower and Senator Frank a freer society in that country. to acknowledge the promises made in good Carlson of Kansas, has evolved over time to Mr. Speaker, I would like to conclude by in- faith to America’s military retirees. That being a much larger ecumenical event, par- serting into the RECORD the Declaration of the version of the bill led to the enactment of ticularly as it relates to international participa- Participants of the First Congress of Leaders Tricare for Life, TFL, which went a long way tion. As my colleagues know, the Senate and of World and Traditional Religions. to restore health care to military retirees over House prayer groups are official sponsors of age 65. But more needs to be done to keep the National Prayer Breakfast. f our promises to that elderly group of retirees While many of the major faiths are rep- ARTHRITIS PREVENTION, and to make sure that younger retirees re- resented, with a special emphasis this year on CONTROL AND CURE ACT OF 2005 ceive the level of health care to which they are involving leaders from Israel and Palestine, entitled. the purpose has not changed: to emphasize Our new bill offers more meaningful restitu- the principles and teachings of Jesus of Naza- HON. ANNA G. ESHOO tion for broken promises by waiving the pre- reth as the best means of achieving reconcili- OF CALIFORNIA mium that World War II and Korean era mili- ation and peace in a troubled world. IN THE HOUSE OF REPRESENTATIVES Our Nation is challenged as never before to tary retirees must pay to enroll in Medicare Wednesday, February 2, 2005 Part B, a requirement of TFL. The new bill deal with religious extremism and the increas- also addresses broken promises made to mili- ing militarism of certain faiths occurring in Ms. ESHOO. Mr. Speaker, I’m very pleased tary retirees who joined the service after 1956. many countries around the world. That is why to join my colleague Representative PICKERING Even though laws were on the books begin- I appreciate the example of Kazakhstan, in introducing the Arthritis Prevention, Control ning in 1956 that defined and limited military whose president, Nursultan Nazarbayev, is and Cure Act of 2005, which authorizes pro- retiree health care, the sad truth is that the making a considerable effort to deal with reli- grams and funding that will allow the Federal empty promise of lifetime health care was gious diversity in his country and in the region. Government to better coordinate and increase used as a recruiting tool for many years be- In fact, all of the world’s great religions— our investment in efforts to prevent, treat, and yond the scope of the Col. Day’s case, to Islam, Christianity, Judaism, and Buddhism, care for persons with arthritis and related dis- those who entered the military after 1956. This are present and thriving in Kazakhstan, thanks eases. The bill represents the most significant is documented in recruiting literature well into to a climate of tolerance and openness in that Federal effort to address arthritis since the the 1990s. We must keep our promises to country. passage of the National Arthritis Act a genera- them, too. Kazakhstan today is a model of religious di- tion ago. The Arthritis Prevention, Control and These retirees, mainly from the Vietnam and versity. One half of the country’s 15 million Cure Act of 2005 addresses this important Persian Gulf eras, qualify for the military people are Muslim and roughly one-half are issue by: health care program known generally as Orthodox Christian, with 40 other religions and Enhancing the National Arthritis Action Plan Tricare. Tricare works well for many military 100 ethnic minorities among its citizens. Lead- by providing additional support to federal, retirees but fails to deliver quality health care ers of the major religious sects, including Rus- state, and private efforts to prevent and man- for others. Some retirees cannot receive care sian Orthodox and other Christian as well as age arthritis; at military bases due to lack of space avail- Jewish leaders, all say there is full freedom of Developing a National Arthritis Education ability. Base closures have cut off access for religion in Kazakhstan. and Outreach Campaign to educate the many retirees, and too many of them cannot Pope John Paul II, on a visit to Kazakhstan, healthcare profession and the public on suc- find private doctors who will put up with bu- called it an ‘‘example of harmony between cessful self-management strategies for control- reaucratic inefficiencies or low reimbursements men and women of different origins and be- ling arthritis; they have encountered with Tricare. liefs.’’ Kazakhstan is emerging as an example Organizing a National Arthritis and Rheu- I believe strongly that military retirees who of regional stability given its positive atmos- matic Diseases Summit to look at challenges are not well served by Tricare deserve an al- phere regarding religious expression and lack and opportunities related to basic, clinical and ternative. The Keep Our Promise Act has of- of interethnic and inter-religious conflicts. translational research and development ef- fered these retirees the option of enrolling in In September 2003, Kazakhstan hosted the forts; the Federal Employees Health Benefits Pro- first ever congress of leaders of world and tra- Providing greater attention to the area of ju- gram, FEHBP; the bill improves this benefit for ditional religions. Upon conclusion of the con- venile arthritis research through the creation of military retirees by reimbursing them for ex- gress, 120 religious leaders from 18 different planning grants for innovative research spe- penses they incur under FEHBP that they religions unanimously adopted a declaration cific to juvenile arthritis, as well as the would not have incurred under Tricare and renouncing terrorism and promoting the true prioritization of epidemiological activities fo- makes certain improvements to the military values of all religions—tolerance, truth, justice cused on better understanding the prevalence, pharmacy benefit. and love of one another as the basic tenets of incidence, and outcomes associated with juve- The Courts have ruled. It is up to Congress all religious teachings. The delegates pledged nile arthritis; and to make good on the promises that were to combat violence by propagating the peace- Creating incentives to encourage health pro- made—and broken—to our military retirees. ful values of their different faiths. fessionals to enter the field of pediatric They are not asking for handouts—they ask Mr. Speaker, I was pleased to learn that Mr. rheumatology through the establishment of an only for what was promised to them and what Nurtai Abikayev, who is Speaker of the Upper education loan repayment and career develop- they earned. We need to do right by our mili- House and chairman of Kazakhstan’s National ment award programs. tary retirees, and to show our future military Security Council, will be attending this year’s Arthritis is the leading cause of disability in retirees that their government will live up to National Prayer Breakfast and a featured the United States with 70 million Americans the promises it makes to them. We need to speaker at the International Luncheon. It dem- living with a form of the disease. With the

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.073 E02PT1 E152 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 aging of the baby boomers, the Centers for IN RECOGNITION OF PAUL DANISH For many years, Paul wrote columns for the Disease Control and Prevention, CDC, pre- Colorado Daily after it became privately dicts the number of people over 65 with arthri- HON. MARK UDALL owned, and he was a contributing editor to the tis or chronic joint symptoms will double by OF COLORADO Soldier of Fortune magazine. His writings are 2030. Nearly 300,000 children in the United IN THE HOUSE OF REPRESENTATIVES always alive and kicking with subjects ranging States are living with a form of juvenile arthri- from prairie dogs and Greek agoras to na- Wednesday, February 2, 2005 tis. Arthritis is a painful and debilitating chronic tional politics and international issues. In per- disease affecting men, women and children Mr. UDALL of Colorado. Mr. Speaker, I rise son, he combines a distinguished intellect with alike. today to honor Paul Danish for his decades of a genial sense of fun. A volunteer on the way Currently, the Federal investment in juvenile exemplary public service to Colorado. Paul is to work for his early campaigns could always arthritis research is only $23 per affected one of Boulder’s outstanding political and jour- find his headquarters by the peals of laughter child. The CDC estimates that the annual cost nalistic figures, and I want to thank him on be- emanating from his gardens and front door. of medical care for arthritis is $51 billion, and half of all Boulder’s citizens for his fine service And he continues to throw great celebration the annual total costs, including lost produc- as County Commissioner for the past twelve parties in Boulder’s finest tradition. tivity, exceed $86 billion. Early diagnosis, years. He has shared his skills, experience, Paul Danish has made important contribu- treatment, and appropriate management of ar- humor, and passions with us, and he is much tions to the protection and preservation of the thritis are critical in controlling symptoms and treasured in turn by his community. quality of life in Boulder County, as well as to improving quality of life. Born in Chicago, Paul moved with his family the diversity of views in our communities. I ask In 1975, nearly 30 years ago, Senator Alan to Colorado in the 1940s and attended the my colleagues to join me in thanking Paul Cranston of California introduced the last University of Colorado in 1960. He received a Danish for the courageous stands he has major piece of arthritis legislation. It was bachelor’s degree in history from CU and did taken for the people of Boulder and his un- signed into law by President Gerald Ford. The graduate work in political science. To put his swerving dedication to principles of free ex- bill, the National Arthritis Act, set our Nation student period in perspective, he was instru- pression. I wish him congratulations on his ac- on an important path in the fight against arthri- mental during his years at CU in the trans- complishments and good health and happi- tis. It led to the creation of an institute at NIH formation of the University Memorial Center ness to him and his family in the future. focused on arthritis, and laid the foundation for cafeteria from the Indian Grill to the interim f a national arthritis public health strategy. Roaring Fork to the lasting Alfred Packer Grill. Today, arthritis is still claiming the lives of Paul Danish’s journalism career began with IN RECOGNITION OF BRETT ALEX- millions of Americans and we must reinvigo- the student newspaper, Silver and Gold, which ANDER SISTO UPON HIS rate our research and education efforts to offer later changed its name to the Colorado Daily. ACHIEVEMENT OF EAGLE SCOUT individuals with arthritis more hope for a better He has been a reporter for the United Press COURT OF HONOR life and eventually a cure. I believe the Arthri- International, the San Francisco Chronicle, tis Prevention, Control and Cure Act of 2005 and Boulder’s Town and Country Review. He HON. ELLEN O. TAUSCHER will do just that. was technical editor for the Joint Institute of OF CALIFORNIA f Astrophysics in Boulder and the Negev Insti- IN THE HOUSE OF REPRESENTATIVES tute for Arid Zone Research in Beer Sheva, TRIBUTE TO CARMINE CARRO Israel. His work experience includes being a Wednesday, February 2, 2005 special assistant to the late University of Colo- Mrs. TAUSCHER. Mr. Speaker, I rise today HON. ANTHONY D. WEINER rado President Roland Rautenstraus and edi- to pay tribute to my constituent Brett Alex- OF NEW YORK tor for Talmey-Drake Research in Boulder. ander Sisto of Eagle Scout troop No. 204 in IN THE HOUSE OF REPRESENTATIVES He served as a Boulder City Council mem- Lafayette, California, as he receives the distin- ber from 1976 to 1982. In the early 1970s, guished honor of the Eagle Scout rank. Wednesday, February 2, 2005 Boulder residents were seriously concerned The honor of Eagle Scout is given only to Mr. WEINER. Mr. Speaker, when residents about the adverse impact of unplanned growth those young men who have demonstrated that of Marine Park were being threatened by the on the area’s environment. Paul authored that they have fulfilled its rigorous require- New York City Department of Transportation Boulder’s original growth management plan ments, including living by the Scout Oath and because Parks Department trees were tearing which was passed by the voters in 1976. The Law, rising through the Boy Scout ranks, earn- up their sidewalks, Carmine Carro confronted Danish Plan limited population growth by re- ing 21 merit badges, serving as a leader, and city hall. stricting the number of building permits that planning and leading a service project for their When two women from Marine Park broke could be issued each year for residential sub- community. This is not an honor given out the gender barrier by competing in a Citywide divisions. After the expiration of the Danish lightly: this young man is becoming an Eagle boccie tournament, Carmine Carro cheered Plan in 1982, Boulder has continued to suc- Scout because he is intelligent, dedicated, and them on. cessfully manage growth based on his original principled. When vandals sprayed racist graffiti on PS strategies. I am proud to call Brett Alexander Sisto my 207 in Marine Park, Carmine Carro donated Paul has never hesitated before political constituent, for he is a shining example of the all the paint and supplies the students needed rough and tumbles, and in 1995, he won a promise of the next generation. Indeed, he to whitewash the wall. well-fought four-way campaign to fill the va- represents the best of the young people in our When Carmine passed away earlier this cancy for Boulder County Commissioner. Who country. I extend my sincere congratulations to week, New York lost a classic. Carmine was among the 300-some vacancy committee him and his family, on this momentous occa- an old school New Yorker, devoted to his members will ever forget the speech-of-a-life- sion. community, Marine Park, and a dogged advo- time he gave the day of that vote? He has f cate for his neighbors. never been ‘short’ on the free give and take of Carmine moved to Marine Park in the ideas, or on his irresistible tendency to be INTRODUCTION OF THE EMPLOYEE 1960s, and rose to become president of the honest and forthright, or on time for coffee CHANGING ROOM PRIVACY ACT Marine Park Civic Association—one of the old- with a friend. est civic associations in New York City. Under As a county commissioner, Paul has been HON. THOMAS E. PETRI Carmine, the MPCA built on its long tradition very involved in the cleanup and future use of OF WISCONSIN of making Marine Park one of the most vibrant the Rocky Flats site. He has been an effective IN THE HOUSE OF REPRESENTATIVES neighborhoods in Brooklyn. advocate for an aggressive cleanup, protecting Carmine worked every year to organize a worker safety, and ensuring that former work- Wednesday, February 2, 2005 Halloween walk attended by as many as ers are compensated for any adverse health Mr. PETRI. Mr. Speaker, today, with my col- 20,000 community members. He served as effects they may have encountered while league, Congressman ROB ANDREWS, I am in- Park Warden for Marine Park for five years. working there. He has also worked tirelessly troducing the Employee Changing Room Pri- He was a member of the local school board for sound land-use and sensible growth vacy Act. and vice-chairman of Community Board 18. throughout the county. Citizens of Boulder will This legislation would prohibit the video or Carmine Carro was the Mayor of Marine miss his tenacious commitment to policies that audio monitoring of an employee in any area Park. He represented the best of what New serve the environment and the education and on an employer’s premises where an em- York can be. He will be sorely missed. health of people. ployee changes clothing.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.075 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E153 Unfortunately, there have been a number of Representatives. For most all of them, this ex- The Women’s Caucus has a proud history, cases where employers have been caught en- perience is their first long excursion away from which began on April 19, 1977, when fifteen gaging in secret surveillance via video or home, family, and friends. That they have Congresswomen held the first meeting of the audio equipment of their employees in these brought distinction to themselves and to their Congresswomen’s Caucus. They were drawn situations on the job site. school is testament to their scholarly abilities, together in the spirit of bipartisanship with the For example, the Wall Street Journal re- hard work, and dedication of their teachers. common goal of improving the lives of women ported that 19 locomotive engineers sued their I would like, Mr. Speaker, to recognize the across the country. This tradition has been employer in Oakland County (Michigan) Circuit Page School principal, Linda Miranda, our carried on for three decades. Court, charging that their employer had hidden Government/U.S. History instructor, Ron Congresswoman CAPITO, the Republican a camera in a locker-room exit sign. A worker Weitzel, the other school faculty, the Page leader of the caucus, has lent her expertise in at a State college was shocked to discover Residence Hall staff, and the Chief Pages for financial services to promote financial literacy that her employer had secretly videotaped her creating and fostering a total learning environ- among women. She also spearheaded the changing her clothes in her office after work. ment that helped to make this achievement passage of a House resolution honoring the A waitress at a restaurant was spied on in the possible. A 200-year program, the Page Pro- important contributions of working women in employee changing room when she got gram is a venerable congressional institution World War II. The ‘‘Rosie the Riveter’’ resolu- dressed for work. that has grown and matured with the Con- tion had the unprecedented sponsorship of Mr. Speaker, these are just a few examples gress. This achievement confirms that the every woman Member in the House. For these of the conduct that the legislation Congress- Page Program is helping the young people contributions and many more, the membership man ANDREWS and I are introducing today is who pass through it to meet the challenges of of the Women’s Caucus honors her service. intended to prevent. The Employee Changing life ahead. We remain committed in the Pro- Congresswoman SLAUGHTER, the Demo- Room Privacy Act would help ensure that gram to not only provide a unique work experi- cratic leader of the caucus, has a long history workers can go to work without wondering ence, but continue the pursuit of academic ex- of fighting for women’s rights. She played a whether their employer has hidden a video cellence. major role in the passage of the Violence camera in the bathroom or a microphone in f Against Women Act of 1994 and has contin- the office ceiling. ued to lead the caucus in the fight against Under the Employee Changing Room Pri- TRIBUTE TO DOTTY DELASSUS OF sexual assault in the military and the pro- vacy Act, an employer who violates the prohi- WEBSTER GROVES motion of equal opportunity under Title IX. We bition against video or audio monitoring of any are grateful for her commitment and dedica- area on an employer’s premises where work- HON. RUSS CARNAHAN tion to improving the lives of women nationally ers change clothing would be liable to the U.S. OF MISSOURI and internationally. Government for a civil penalty of up to IN THE HOUSE OF REPRESENTATIVES On behalf of the Congressional Caucus for $10,000 for each violation. Wednesday, February 2, 2005 Women’s Issues, we are proud to build on the The bill also authorizes the Secretary of Mr. CARNAHAN. Mr. Speaker, my remarks momentum established by the dedicated lead- Labor to seek injunctive relief against an em- today are to pay tribute to the life of a valued ership of Congresswomen SLAUGHTER and ployer so as to stop future violations of the public servant, Ms. Dorothy ‘‘Dotty’’ Delassus, CAPITO. Their invaluable perseverance on be- prohibitions contained in the legislation. of Webster Groves, MO. half of women has set an important legacy Enactment of the Employee Changing Ms. Delassus has long been active in public that the Caucus will build upon for years to Room Privacy Act would strengthen the right service to her community. Since 1996, she come. Thank you for your outstanding service to privacy at a time when the growing use of has served as a Webster Groves City Council- as Co-Chairs of the Women’s Caucus. surveillance technologies at the workplace has woman where she represented the citizens of f endangered this most fundamental of Amer- Webster to several Commissions, including ican values. SALUTING THE LEO COUNCIL 957 the Green Space Advisory and Parks and OF THE KNIGHTS OF COLUMBUS f Recreation Commissions. OF FINDLAY, OHIO CONGRATULATING THE U.S. In addition to her service on the City Coun- HOUSE OF REPRESENTATIVES cil, Ms. Delassus was involved in many civic HON. MICHAEL G. OXLEY PAGE SCHOOL organizations. She co-chaired Make-A-Dif- ference Day and was a member of the Na- OF OHIO tional League of Cities, Missouri Municipal IN THE HOUSE OF REPRESENTATIVES HON. JOHN SHIMKUS League, the Webster University Collaborative, Wednesday, February 2, 2005 OF ILLINOIS Unite 2000 Advisory Council, and the St. Louis IN THE HOUSE OF REPRESENTATIVES Mr. OXLEY. Mr. Speaker, it is my honor County Municipal League. today to salute the Leo Council 957 of the Mr. Speaker, the outpouring of support by Wednesday, February 2, 2005 Knights of Columbus of Findlay, Ohio as they friends, family, and the community made it evi- Mr. SHIMKUS. Mr. Speaker, as Chairman of celebrate their centennial year jubilee. dent to all what an extraordinary person and the U.S. House of Representatives Page The Knights of Columbus of Findlay have public servant Ms. Delassus was. Her hus- Board, it gives me great pleasure and pride to sustained a rich tradition built upon the foun- band and two children are a great testament rise to congratulate our own House Page dations of faith and philanthropic service. Leo to her life, and her vision and love of people School for ranking first in the Nation among Council 957 was started by a small group of will live on through them. My prayers are with small-size schools in Advanced Placement Catholic men with the assistance of State her family, friends, and community today, as U.S. History, based upon 2004 AP test scores. Deputy John O’Dwyer of Toledo in the fall and we honor her life. The school of 72 students, all enrolled in a winter of 1903–1904. Their hopes were to or- junior-year high school curriculum, had the f ganize a fraternal organization to support their highest percentage in its category of its total IN HONOR OF CONGRESSWOMEN church and serve their community. After tire- student population scoring three or higher out CAPITO AND SLAUGHTER less work and recruiting, 75 new members of a total five on the AP U.S. History examina- joined from Findlay, Carey, North Baltimore, tion, as reported in the College Board’s 2005 HON. HILDA L. SOLIS Cygnet and Bowling Green. The Supreme Advanced Placement Report to the Nation. OF CALIFORNIA Council issued the original charter for the This is a notable achievement for our Page IN THE HOUSE OF REPRESENTATIVES newly established Leo Council 957 on January Program. Because of the high demands of the 26, 1905, which was signed by 86 people. Pages’ work schedule, traditional AP courses Wednesday, February 2, 2005 Since its founding 100 years ago, Leo are not offered at the school and Pages must Ms. SOLIS. Mr. Speaker, today Ms. BROWN- Council has grown to nearly 500 members. therefore prepare for the AP exam on their WAITE of Florida and I rise on behalf of the Through the dedication and efforts of the own, assisted by an enhanced honors pro- Congressional Caucus for Women’s Issues to members of Leo Council, the Knights of Co- gram with an emphasis on AP exam prepara- honor the achievements of two outstanding lumbus has become a positive influence in the tion. We should be justifiably proud of our women. Congresswomen SHELLEY MOORE church and community. House Pages who rise to attend classes at CAPITO and LOUISE M. SLAUGHTER proudly and The spirit of volunteerism and service of the 6:45 a.m., after which they report to the House capably served as the Co-Chairs of the bipar- Knights of Columbus is encouraging to all of floor for a day’s work helping the House of tisan Women’s Caucus in the 108th Congress. us. Since their founding, they have provided

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.079 E02PT1 E154 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 support though a variety of charitable works THE MILITARY FAMILIES As a proud member of the House Armed both domestically as well as internationally. FINANCIAL SECURITY ACT OF 2005 Services Committee, I am committed to im- For the past century, the Knights have pro- proving the quality of life of the men and vided an insurance program for widows and HON. SUSAN A. DAVIS women who serve our country. This legislation orphans of its deceased members. Addition- OF CALIFORNIA is fair, overdue and demonstrates our nation’s ally, the Knights have raised substantial funds IN THE HOUSE OF REPRESENTATIVES appreciation. This legislation will give to assist mentally challenged and disabled in- Wednesday, February 2, 2005 servicemembers peace of mind from knowing dividuals. Most recently, they have worked that their duties will not jeopardize their fami- along with Catholic Relief Services to raise Mrs. DAVIS of California. Mr. Speaker, I rise lies’ eligibility for SSI benefits and related funds for the victims of the devastating tsu- today to introduce the Military Families Finan- services. nami that hit Southeast Asia in December. cial Security Act of 2005. This bill will ensure I urge you, Mr. Speaker, and all of my col- the brave men and women who serve our leagues to pass this critical legislation into law. The patriotism and positive influence of the country will not have to worry about losing crit- Knights is recognized every morning by stu- ical services their dependent children need. f dents reciting the Pledge of Allegiance in The men and women who serve in our CONGRATULATING DAVID E. classrooms across the Nation. In 1954, it was Armed Forces are everyday heroes. I know HAYES ON HIS ELECTION AS the Knights of Columbus who petitioned Presi- about the valor of military families from my CHAIRMAN OF THE INDE- dent Eisenhower and Congress to add the own experience as a military wife when my PENDENT COMMUNITY BANKERS words ‘‘under God’’ to the Pledge of Alle- husband was stationed in Japan during the OF AMERICA giance. Vietnam War. As a wife and mother in a for- Today, I would like to remember those com- eign country with two young children, I ob- mitted men who organized Leo Council 100 served that many servicemembers were also HON. JOHN S. TANNER years ago and those who have strived to mothers and fathers and were making the OF TENNESSEE maintain its membership’s vigor and progress. same sacrifices I was. Just as these brave IN THE HOUSE OF REPRESENTATIVES I am proud to congratulate the members, their men and women are working to protect our Wednesday, February 2, 2005 spouses and families on this momentous oc- nation, we must likewise protect them and Mr. TANNER. Mr. Speaker, I rise today to casion. their loved ones through the laws and policies recognize the accomplishments of David E. we enact. Hayes, an outstanding leader in our commu- In San Diego and around the country, some f nity and the new chairman of the Independent military families rely on the Supplemental Se- Community Bankers of America, a group that HONORING CONTRIBUTIONS OF curity Income program (SSI) for means-tested represents almost 5,000 community bank CATHOLIC SCHOOLS financial assistance. This safety net program is designed to protect qualifying families from members. poverty and provides access to valuable social He is also the President and Chief Execu- HON. TIM RYAN services such as Medicaid. Without SSI, some tive Officer of Security Bank in Dyersburg, Tennessee. A native of West Tennessee, Mr. OF OHIO special-needs families would not be able to cover their medical expenses. Hayes began his banking career in Memphis IN THE HOUSE OF REPRESENTATIVES Current regulations threaten some military in 1967, and since then, he has amassed an impressive re´sume´ that includes leadership Wednesday, February 2, 2005 families’ eligibility. They face a unique risk of losing benefits due to the way military pay is roles in many community and state level bank- Mr. RYAN of Ohio. Mr. Speaker, I rise today treated under SSI rules. The Social Security ing organizations. in recognition of House Resolution 23, hon- Administration (SSA) considers anything out- David has demonstrated his commitment to oring the contributions and academic excel- side basic pay as ‘‘unearned income.’’ This West Tennessee not only through his profes- lence of Catholic schools. The week of Janu- method hurts servicemembers and their fami- sional career, but also through his enthusiastic ary 30–February 5 has been designated lies since there are more than 30 types of mili- involvement in the local community. He has ‘‘Catholic Schools Week’’ by the National tary pay in addition to basic pay. These dif- served as the chairman of the Dyersburg Catholic Educational Association and the ferent pays, considered unearned income, re- Chamber of Commerce, chairman of the Dyer United States Conference of Catholic Bishops, sult in higher countable income and affect eli- County United Way, and president of the Dyer to honor the educators, administrators, and gibility. Just a few dollars can make all the dif- County Heart Association. He has also been over 2.5 million students at Catholic schools ference in the world to these military families. an active member of the Dyer County Indus- across the country for their continued dedica- My legislation would change how the SSA trial Development Board and the Executive tion to the educational process. calculates income for SSI eligibility by treating Committee of the Dyersburg State Community Catholic Schools Week began in 1974, and most military compensation as earned income. College Foundation Board. He and his wife of has annually promoted a different theme to This simple change will keep families eligible 37 years, Sara, have two children, David Jr. guide its message. The theme for this year’s for SSI benefits and simplify the administration and Amy, and two young grandchildren, Jo- Catholic Schools Week is ‘‘Faith in Every Stu- of this program. anna and David. dent,’’ which demonstrates parochial edu- Last year, in testimony before the Human Mr. Speaker, I ask you to please join me in cators’’ commitment to melding the invaluable Resources Subcommittee of the Ways and congratulating Mr. Hayes on his election to the process of learning with the guiding principles Means Committee, Social Security Commis- chairmanship of the Independent Community of Catholicism. And as important as the intel- sioner JoAnne Barnhart stated her support for Bankers of America. We in West Tennessee lectual development is, it pales in comparison such a proposal, which was part of the Presi- are very proud of his outstanding achieve- to the lessons of compassion and service to dent’s FY05 budget. ment. others. As Commissioner Barnhart stated, ‘‘The pro- f vision would treat cash military compensation As a beneficiary of a Catholic education, I and civilian wages alike, and thus eliminate A TRIBUTE TO BILL PRICE ON THE deeply appreciate the role that the schools the present unfair and disadvantageous treat- OCCASION OF HIS 90TH BIRTHDAY play. My Catholic educational experience gave ment of cash military compensation other than me the desire to learn, the willingness to basic pay under SSI. The proposal would in- HON. TOM LANTOS adapt, and the moral compass by which to crease SSI benefits for most military families OF CALIFORNIA lead. This education gave me the basis for the with disabled children, which are currently IN THE HOUSE OF REPRESENTATIVES beliefs that continue to guide me today. Chil- about 3,000 families. It would be a significant Wednesday, February 2, 2005 dren in Catholic schools receive a good edu- program simplification in these cases and cation from highly-qualified teachers and would have a relatively small program cost of Mr. LANTOS. Mr. Speaker, it is with great strengthen it with a daily commitment to faith, only $2 million over 10 years.’’ pleasure that I invite my colleagues to join me both in school and after the final bell rings. She also mentioned how ‘‘determining the in paying tribute to Mr. Bill Price, a lifelong I wish our nation’s Catholic schools contin- difference in the types of military pay is time supporter of the labor movement, a strong ad- ued success, and pledge my support as they consuming and error prone, and the guidelines vocate for the rights of senior citizens, and a continue their ongoing commitment to quality for making such determinations covers 14 founding member of both the Senior Action education. pages in SSA’s operating instructions.’’ Network and the California Alliance for Retired

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.083 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E155 Americans. Mr. Price will be honored for his government gave them just four days to pack migration policy and operations. I am honored truly exceptional contributions to his commu- only what they could carry and sent them to to have this opportunity to pay tribute to an nity at his 90th birthday celebration on Feb- live in an internment camp. exceptional public servant. ruary 24, 2005. While in an assembly center at the Santa In 1960, after a long day of campaigning for Since his early years working in the hotel in- Anita race track, Pat and Lily were able to the presidency, John F. Kennedy arrived at dustry in Seattle, Mr. Price has been a dedi- avoid going to an internment camp when Fa- the University of Michigan in Ann Arbor to find cated union leader. In 1937, he helped to or- ther Flanagan of Boys’ Town convinced fed- thousands of students waiting to hear him ganize employees who voted to join the Build- eral officials that his orphanage in Nebraska speak. He challenged the assembled students ing Service Employees, Local 6. After serving needed someone with Pat’s psychology back- with the following immortal statement: ‘‘Ask for two years in the U.S. Navy, Mr. Price ground. Pat worked at Boys’ Town for 18 not what America will do for you, but what to- moved to San Francisco in 1947 to work in his years, providing counseling and administering gether we can do for the freedom of man.’’ father’s grocery store. There, he joined the psychological tests. These fateful words launched the Peace Retail Clerks Local 648 and was an active After Boys’ Town, Pat was appointed chief Corps. member. By the early 1960s, Mr. Price was probation officer of the Douglas County Juve- A twenty-something Ralph Thomas learned elected to the Executive Board of Local 648, nile Court and helped establish a separate ju- of this challenge and answered it. In 1961, he in which he served first as Vice President, venile court system for the state of Nebraska. joined the newly established international vol- then Organizer, and eventually Business The Nebraska Psychiatric Institute later re- unteer organization and traveled to the Phil- Agent until his retirement. cruited Okura to head up the Community Psy- ippines. He taught English as a Second Lan- Mr. Speaker, after retiring, Mr. Price has chiatric Services division, where he became guage in an elementary school and gave sup- been busy working to better the quality of life the state planner for mental health and port to 35 volunteers in education and commu- for seniors, families, and working people. A launched five successful mental health centers nity development assignments as a volunteer founding member of both the Senior Action in the state. leader. Network (SAN) and the California Alliance for In 1970, Pat’s work in Nebraska prompted Ralph Thomas completed his doctoral stud- ies in Asian history and culture at the Univer- Retired Americans (CARA), Mr. Price currently then-National Institute of Mental Health, NIMH, sity of Pennsylvania in 1971, and taught Asian serves as the President of SAN and as Vice Director Bertram Brown, to recruit Pat to be- and American history at the University of President of CARA. Both of these organiza- come his executive assistant in Washington, Pennsylvania and Adrian College in Michigan. DC. Pat saw this position as giving him an op- tions value his leadership, enthusiasm, and His deep interest in urban and ethnic issues portunity to help minorities and children and persistent efforts on behalf of senior citizens in led to positions as Director of Black/White the Bay Area. True to his selfless nature, Mr. address delinquency. Pat worked at NIMH for Curricula for the Education Development Cen- Price asked that his birthday present be cele- 17 years, retiring in 1985. ter in Cambridge, Massachusetts, and as a brated through the continued support of these In 1988, when the U.S. government paid the process observer for the Detroit Education two organizations that he has worked so hard Okuras and all other former internment camp Task Force. to create and develop. prisoners $20,000 each, Pat and Lily used that His involvement in immigration matters re- In addition to his commitment to the labor money along with personal savings to start the sulted from his friend and fellow Peace Corps/ movement and the welfare of senior citizens, Okura Mental Health Leadership Foundation, Philippines volunteer Leonel Castillo being Mr. Price is also an avid sports fan. A season which helps Asian Pacific Americans over- named Commissioner of the Immigration and ticket holder for both the San Francisco 49ers come racial, language and other barriers. Naturalization Service in 1977. After working and the Giants, he continues to find time to Pat’s lifetime involvement with the Japanese as a Special Assistant to the Commissioner root for the local teams. American Citizens League, JACL, was filled for two years, Ralph became Deputy Director Mr. Speaker, as Mr. Price celebrates his with major accomplishments as well. of the Select Commission on Immigration and 90th birthday, I urge my colleagues to join me After joining the JACL at the age of 25, Pat Refugee Policy. The Select Commission rec- in honoring his outstanding achievements and moved up through the leadership ranks, ommended a number of the policy changes remarkable dedication to the well-being of his gradually assuming greater and greater re- enacted as part of 1986 and 1990 immigration community. I look forward to celebrating many sponsibility in this civil rights organization. In reform legislation. Ralph returned to the INS more milestones with Mr. Price in the future. 1937, at the age of 26, he served as the Ex- as a special assistant and consultant for the f ecutive Director of the Los Angeles JACL Of- first two years of the Reagan Administration. fice. Pat founded the Omaha JACL Chapter in In September 1983, Ralph was selected as IN MEMORY OF K. PATRICK 1947. an appellate examiner for the new Administra- OKURA By 1962 he became JACL National Presi- tive Appeals Unit. In 1984, he was transferred dent and remained in office for three years. As to an inspector position in the Office of Refu- HON. MICHAEL M. HONDA JACL national president, Pat had the JACL gees, Asylum and Parole. From 1986 to 1991, OF CALIFORNIA march with Martin Luther King, Jr. in 1963, re- he served as Deputy Assistant Commissioner. IN THE HOUSE OF REPRESENTATIVES sisting opposition from some JACL members, Ralph spent six more years in the INS Office Wednesday, February 2, 2005 who did not want to get involved. of Congressional and Public Affairs before Even into his 90s, Pat was an active mem- coming to the San Diego Sector. Mr. HONDA. Mr. Speaker, I rise today to re- ber of the Washington, DC chapter of the Ralph’s career spans the arenas of inter- member and honor the life of K. Patrick JACL. national development, education, immigration Okura. Pat, as he was known to all who were Mr. Speaker, I have only touched on the policy and border management. His sincerity, fortunate enough to know him, led a long and eventful and accomplished life of K. Patrick modest demeanor and community involvement accomplished career in the field of mental Okura, but clearly this was a man whose life make him a true public servant. For example, health and civil rights advocacy. My condo- represented a large part of our collective his- when impassable road conditions at Border lences go out to, Lily, his wife and life long tory. Field State Park threaten to cancel a mass or- partner who stood at Pat’s side for more than f ganized in memory of those who lost their 60 years. lives crossing the border, Ralph stepped in. Pat’s own life spanned more than ninety IN HONOR OF RALPH B. THOMAS The mass took place as scheduled. years and was certainly intertwined with the ON THE OCCASION OF HIS RE- As Special Assistant to the Chief Patrol historic events of those years. TIREMENT Agent of the San Diego Border Patrol Sector, Pat went to UCLA where he earned his a Ralph has impressed me with his dedication to degree in psychology in the early 1930s. At HON. SUSAN A. DAVIS conveying the magnitude of the Border Pa- UCLA he also played varsity baseball, which OF CALIFORNIA trol’s work. I have experienced first-hand the was unheard of for an Asian American at that IN THE HOUSE OF REPRESENTATIVES rugged and steep terrain along the Imperial time. He faced harsh protest from his team- Beach-Tijuana border and flown over the ex- Wednesday, February 2, 2005 mates the entire two years he played at panse of the San Diego-Tijuana border with UCLA, but he became the first Asian Amer- Mrs. DAVIS of California. Mr. Speaker, it is Ralph and Border Patrol Chief William Veal. ican to play and letter in a major sport at a with great pleasure that I rise today to con- Border Patrol agents are working hard to se- West Coast college or university. gratulate Ralph B. Thomas of the San Diego cure our borders. Pat and his wife Lily had been married for Border Patrol Sector. Mr. Thomas celebrates On behalf of the people of San Diego, I just two months in December, 1941 when our his retirement after 28 years of service in im- would like to extend my sincere appreciation

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.002 E02PT1 E156 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 for Ralph’s commitment and my best wishes greater coordination and intensification of fed- Susan, Paula, and Jill, and the doting grand- for his retirement. I wish him, his wife Janet, eral research efforts, this legislation would cre- father of one. and their son, Michael, the very best in their ate a National Arthritis and Rheumatic Dis- It has been a personal privilege to have new endeavors. My office will miss his hard eases Summit to look at challenges and op- known the Ehrlich family for many years and work, hearty laugh and quick wit. portunities related to arthritis research within to have had Jill Ehrlich Robinson as my Legis- f all the agencies of the Department of Health lative Director and Chief of Staff. Her integrity and Human Services. Finally, this legislation and public service are an eloquent statement INTRODUCING THE ARTHRITIS expands research for juvenile arthritis at the about she and her father who gave so much PREVENTION, CONTROL, AND National Institutes of Health through the cre- to better our country. CURE ACT OF 2005 ation of planning grants for innovative re- Mr. Speaker, I ask my colleagues to join me search. To address the severe shortage of pe- in honoring this good and great American and HON. CHARLES W. ‘‘CHIP’’ PICKERING diatric rheumatologists, it creates incentives to in extending our deepest sympathy to his fam- OF MISSISSIPPI encourage physicians to enter the specialty ily. Dr. Ehrlich’s life as an outstanding physi- IN THE HOUSE OF REPRESENTATIVES field through the establishment of education cian bettered the health and the soul of our loan repayment and career development Nation. Wednesday, February 2, 2005 award programs. Mr. PICKERING. Mr. Speaker, I rise today Mr. Speaker, we must make the necessary f to introduce the Arthritis Prevention, Control, investments in the fight against arthritis—our and Cure Act of 2005. Nation’s number one cause of disability. This LEGISLATION TO ESTABLISH THE With more than 100 different forms, arthritis legislation will improve the quality of life for ATCHAFALAYA NATIONAL HER- is one of the most widespread and devastating millions of adults and children and save our ITAGE AREA IN LOUISIANA chronic diseases in the United States. These nation valuable human and economic re- conditions are extremely costly to our health sources. I urge all my colleagues from both care system, our economic vitality, and erode sides of the aisle to support this legislation HON. RICHARD H. BAKER the quality of life for nearly 70 million, or one and enact it in a timely manner so millions of OF LOUISIANA in every three Americans who suffers from ar- Americans, like Mr. Price, can live life with IN THE HOUSE OF REPRESENTATIVES thritis or chronic joint symptoms. It is esti- less pain. mated that 300,000 children are affected by Wednesday, February 2, 2005 juvenile arthritis, a disease with high preva- f Mr. BAKER. Mr. Speaker, Atchafalaya refers lence yet widely unknown, that causes de- TRIBUTE TO THE HONORABLE to both a river and a large wetlands region of formity, blindness and in some cases death. S. PAUL EHRLICH, M.D. Louisiana; the name derives from the Choctaw As the number one cause of disability in the hacha falaia, meaning ‘‘Long River.’’ The river United States, arthritis is a painful and debili- itself serves as a major tributary of the Mis- tating disease affecting men, women and chil- HON. ANNA G. ESHOO sissippi and Red rivers, and runs through a dren alike—arthritis has no boundaries. Sim- OF CALIFORNIA swampy wetlands called the Atchafalaya ple, daily tasks like brushing teeth, pouring a IN THE HOUSE OF REPRESENTATIVES Basin, which is about 20 miles in width and cup of coffee and even just getting out of bed Wednesday, February 2, 2005 150 in length. The Atchafalaya Basin is rich become excruciating obstacles for millions of with wildlife, including three hundred bird spe- people with the disease. Ms. ESHOO. Mr. Speaker, I rise today to cies, as well as crawfish, shrimp, crabs, frogs, The costs associated with arthritis are im- honor a distinguished American, Dr. S. Paul snakes, nutrias, beavers, raccoons, foxes, alli- mense. The disease results in 750,000 hos- Ehrlich, who died on January 6, 2005. gators, and black bears. Since the 18th cen- pitalizations, 44 million outpatient visits and 4 Dr. Ehrlich served our Nation with great dis- tury, Cajun fishermen and trappers have de- million days of hospital care every year. The tinction as Acting Surgeon General in the pended on the basin and river for their liveli- estimated total costs of arthritis in the United Nixon, Ford and Carter administrations and as hoods and culture. Today, I rise with all my States, including lost productivity, exceeds $86 the United States Representative to the World colleagues from Louisiana to offer legislation billion. Health Organization. He received the Public to preserve this unique area of natural, cul- While the current impact of the disease is Health Service’s Outstanding Service Medal, tural, historic and recreational resource as a quite astounding, efforts now can help prevent the Distinguished Service Medal and the Meri- National Heritage Area. and control arthritis for future generations. De- torious Service Medal. Dr. C. Everett Koop, spite myths that inaccurately portray this ill- the Surgeon General under President Reagan, This legislation will designate the ness as an old persons’ disease, two-thirds of said that Dr. Ehrlich ‘‘did more than anyone Atchafalaya Trace Commission as the local those with osteoarthritis are under the age of I’ve ever known for American health.’’ coordinating entity of the Heritage Area. In 65. Maintaining a healthy weight and being Dr. Ehrlich was among six Surgeons Gen- 1997, the Atchafalaya Trace Commission was physically active are both steps that can pre- eral who in 1994 urged Congress to ban created by the Louisiana Legislature and was vent this form of arthritis. More broadly, the smoking in public buildings and to enact strict- charged with planning and managing the pain and disability accompanying all types of er controls on secondhand smoke and the Atchafalaya Heritage Area to help our commu- arthritis can be minimized through early diag- sale and advertising of tobacco. His commit- nities save important cultural and natural re- nosis and appropriate disease management. ment to the health of all Americans and to sources. I support their mission to enhance This legislation will bring critical Federal re- stopping the spread of AIDS led him to op- the positive benefits of tourism and create a sources to bear on a significant public health pose a federal policy that would require mi- sustainable, healthy economy. I commend the problem facing this country. This legislation nors to get parental consent before receiving Atchafalaya Trace Commission in their leader- will lessen the burden of arthritis on society contraceptives and information on birth con- ship in preservation and advocacy on behalf of and on individual citizens, like my constituent, trol. the Atchafalaya Heritage Area. Alfred Price of Brandon, Mississippi. Mr. Price Dr. Ehrlich was born and educated in Min- Mr. Speaker, the legislation that I submit has suffered from rheumatoid arthritis for more nesota, where he earned his medical degree. today also establishes a procedure for the vol- than 50 years, and I have witnessed over the He served our Nation in the Coast Guard, and untary inclusion of private property in the Her- years how this disease has ravaged his body. received a master’s degree in Public Health itage Area. I believe this is important in bal- In recent years, research into the prevention from the University of California. He taught at ancing both public and private interests in and treatment of arthritis has led to measures Georgetown University, the University of such a diverse natural and cultural area. that successfully reduce pain and improve the Texas and the University of California. He was In conclusion, I believe the establishment of quality of life for millions. This legislation diagnosed with Multiple Sclerosis in 1981 and the Atchafalaya National Heritage Area will would develop a National Arthritis Education lived bravely with the challenges of his dis- provide the direction and resources needed to and Outreach Campaign to educate ease for more than twenty years. maintain what the area has to offer for genera- healthcare professionals and the public on Dr. Ehrlich was the devoted husband of tions to come. I look forward to working with successful self-management strategies for Geraldine McKenna Ehrlich, proud father of my colleagues in the House of Representa- controlling and preventing arthritis. To ensure three accomplished and loving daughters, tives to pass this important legislation.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.089 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E157 CHANGING THE WAYS AND MEANS willing to testify at the hearing. Since they VOTING OPPORTUNITY AND TECH- COMMITTEE ON BEHALF OF THE were the key witnesses, our hearing was fair- NOLOGY ENCHANCEMENT DEMOCRATS ly meaningless. The Chairman had said he RIGHTS (VOTER) ACT OF 2005 would support additional efforts if ‘‘laws had been broken.’’ Later independent analysis HON. FORTNEY PETE STARK from both CRS and GAO found that laws had HON. JOHN CONYERS, JR. OF CALIFORNIA indeed been broken, but the promised over- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES sight never materialized. IN THE HOUSE OF REPRESENTATIVES Wednesday, February 2, 2005 Separate from the Scully incident was the Wednesday, February 2, 2005 discovery that CMS had paid consultants to Mr. STARK. Mr. Speaker, when the Ways produce news videos on the Medicare pre- Mr. CONYERS. Mr. Speaker, today I rise to and Means Committee held our organizational scription drug bill. GAO found that these ads introduce on behalf of myself and 25 col- meeting earlier today, I offered an amendment were covert propaganda and should not have leagues the Voting Opportunity and Tech- to change the committee rules on behalf of the been allowed. In their report, the GAO Gen- nology Enhancement Rights Act, or the Democrats. My amendment would have al- eral Counsel stated, ‘‘In a modest but mean- VOTER Act of 2005, legislation that will help ingful way, the publicity or propaganda re- lowed the minority party to conduct oversight striction helps to mark the boundary be- ensure that all voters who are eligible to vote hearings on the administration when the ma- tween an agency making information avail- are able to vote and have their vote properly jority refused to do so. Such a change is vi- able to the public and agencies creating news counted in Federal elections. tally important because, with Republicans con- reports unbeknownst to the receiving audi- We have just experienced the second con- trolling both Congress and the White House, it ence.’’ secutive presidential election where issues is clear that they do not want to expose prob- Marriage Promotion: Now we’re discov- were raised concerning irregularities and im- lems that exist in the Bush administration. ering that the use of propaganda was not proprieties. For example, in Ohio we learned Below is my statement in support of the limited to promoting last year’s Medicare of the misallocation of voting machines, which amendment I offered. It was defeated on party bill. Everyone has already heard about the led to lines of 10 hours or more and Department of Education grant to conserv- disenfranchised scores, if not hundreds of lines. I encourage my colleagues and the pub- ative talk show host Armstrong Williams. lic to read this statement and take notice of But, that isn’t in our committee’s jurisdic- thousands, of predominantly minority voters. the fact that Congress’ duty to conduct over- tion. Other examples are however. We also learned of numerous incidents of sight is being undermined in this Republican- Thanks to the work of reporters at the voter intimidation, as well as the dissemination run House of Representatives. The full state- Washington Post, Salon and USA Today of misleading information. Members on both ment follows: (thankfully those entities still do oversight), sides of the aisle acknowledge that further re- As we consider changes to the Committee’s it has been discovered that HHS has provided forms are needed to ensure that all of our citi- rules, I have an amendment to offer on be- grants to columnists to promote Bush’s mar- zens’ rights to vote are protected. half of the Democrats. riage promotion agenda. As a result, the VOTER Act will provide for The purpose of my amendment is to re- Specifically, Maggie Gallagher, a syn- a uniform Federal write-in/absentee ballot; re- store the duty of oversight to our com- dicated columnist, was paid $21,500 to pro- quire states to provide for a verifiable audit mittee. Since President Bush took office, mote the Bush marriage agenda in her col- trail; ensure that provisional ballots cast any- House Republicans have decided that con- umns. She is president of the Institute for ducting oversight of the Administration is Marriage and Public Policy, a frequent tele- where in a state are counted; eliminate dis- not a necessary function. We’d like to fix vision guest, and has written on marriage for parities in the allocation of voting machines that. the New York Times, Wall Street Journal and poll workers among a state’s precincts; My amendment is very straightforward. It and Weekly Standard. She did not disclose mandate early voting and election day reg- would allow the Ranking Member to request that HHS had paid her to promote the mar- istration procedures; protect against improper in writing that the Chairman hold a hearing riage initiative when she was touting it in purging of registration lists in federal elections; regarding alleged ethical misconduct or any columns and on television. provide for a study regarding making election violation of the law by an Administration Michael McManus, a conservative author employee. If the Chairman chose not to hold day a public holiday; ease voter registration and self-proclaimed marriage expert, who requirements; allow voter identification by writ- a hearing within 30 calendar days, then the writes a syndicated column ‘‘Ethics & Reli- minority would be allowed to move forward gion’’ also received federal funds from HHS ten affidavit; study eliminating partisan election with an official Ways and Means Hearing. We to train ‘‘marriage mentors’’ ($4000) and officials from administering federal elections; would schedule it. We would invite the wit- $49,000 to promote marriage among unwed enhance training for election officials; require nesses. We would have subpoena authority as couples. He did not disclose this relationship the use of publicly available open source soft- well. when writing in support of the marriage ini- ware in voting machines; provide uniform Why is this amendment needed? tiative in his columns during this same time. standards for vote recounts; prohibit voting This amendment is vitally necessary be- Social Security: Last week, two Social Se- machine companies from engaging in political cause the Committee on Ways and Means is curity Administration employees came forth no longer doing its job with regard to pro- activities; and enhance legal protections to raise their concerns that government em- against voter intimidation and threats. tecting the integrity of the programs under ployees within SSA are being required to our jurisdiction. promote President Bush’s Social Security The legislation is supported by the NAACP, The lack of oversight is a problem across privatization agenda. Aside from being im- the NAACP Voter Fund, the Progressive our committees in Congress, but let me pro- proper, this is probably illegal as well. Our Democrats of America, the UAW, the Black vide three prime examples of this problem Senate Democratic Colleagues exposed this Leadership Forum, Rainbow Push, and the with the Ways and Means Committee’s juris- latest example of potential wrongdoing. National Voting Rights Institute. The legislation diction: Medicare: There are at least two inci- Mr. Chairman, these are three glaring ex- is the House counterpart to S. 17, legislation dents—that we know of—related to the Medi- amples of potential misuse of taxpayer funds introduced in the Senate by Senator CHRIS care debate from the 108th Congress. in areas all under the jurisdiction of our DODD on behalf of the Senate Democratic First, the Committee failed to fulfill its committee. Yet, we’ve done nothing to inves- Leadership. duties investigating former CMS Adminis- tigate these allegations to discover if they It is imperative that we have elections that trator Tom Scully’s actions to gag Chief Ac- are improper—or worse, to find out if the problems are even more widespread. count every vote of every eligible voter. A pro- tuary Rick Foster from responding to our re- visional ballot cast anywhere in the State of quests relating to the Medicare bill in 2003. Many of us on the Democratic side of the Given that I had always assumed we had a aisle have stepped up to investigate these al- Ohio should count just as it does in the State mutual interest in protecting the preroga- legations. We’ve requested GAO reports as of Iowa. There is no reason that voters in tives of the Committee and Congress, I was I’ve cited above. Unfortunately, there is no inner city areas should be forced to wait in surprised and disappointed that the majority enforcement for GAO when they find viola- long lines, while their counterparts in the sub- doesn’t apparently share this view. tions of the law. It is up to us in Congress to urbs are able to vote immediately. If voters in The Chairman may well try to make the pursue remedies or to change the law to pre- Oregon can vote early, why can’t voters in case that we held two hearings on this last vent future violations. Michigan; if citizens of Idaho enjoy same day year. While we did hold one routine hearing I urge my colleagues to support my amend- registration, why can’t voters in Florida; and if on the Trustees Report, which happens each ment. It seems very clear that Republicans year, the other one came about only because don’t intend to do this oversight on their voters in Wisconsin can have their elections Democrats forced it through the use of own. At least give us the ability to conduct administered by nonpartisan boards, why can’t House Rule 11. However, because we had no these hearings and do our best to protect the the rest of us? subpoena authority, neither Tom Scully nor taxpayers from the misuse of government re- If there is any issue that is central to our de- Domestic Policy Advisor Doug Badger were sources. mocracy, it is ensuring that eligible voters are

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.094 E02PT1 E158 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 able to participate in our elections. Enacting Section 8—Election Day Registration Requires that the Director of the National the VOTER Act of 2005 will help ensure that Permits any individual on the day of a Institute of Standards and Technology pro- we restore trust in our election system. Federal election to register to vote and to vide the EAC with the assistance needed to perform the duties required of it under this The following is a section-by-section of the cast a vote in such election. Requires the EAC to develop an election Act if such assistance is requested. VOTER Act: day registration form for elections for Fed- Provides for the necessary appropriations Section 1—Short Title and Table of Contents eral office. to the EAC to perform its duties under this Section 2—Findings and Purposes Section 9—Integrity of Voter Registration List Act. Details a number of concerns regarding Requires that not later than 45 days before Section 17—Additional Protections to Ensure fairness of federal elections that justify a any Federal election, each state shall pro- Fair Administration of Federal Elections federal legislative response. vide public notice of all names that have Provides that no individual may serve as Section 3—Enhanced Protections Against Voter been removed from the state voter registra- an election official at any polling place used Intimidation, Threats, Coercion, and Decep- tion list and that prior to the removal from for Federal office unless the individual has tion such a list, a voter must receive proper no- been certified through the poll worker cer- tice that will be prescribed by the EAC. tification program established by the EAC. Creates new requirement that unfair or de- Section 10—Early Voting Requires that each state shall ensure that ceptive acts or practices in or affecting vot- all voting machines used by the state for Requires that each state shall allow indi- ing in Federal elections are prohibited and elections for federal office use open source viduals to vote in an election for Federal of- the Attorney General is empowered and di- software which may be accessible for inspec- fice not less than 15 days prior to the day rected to prevent persons, partnerships, or tion by the public and that the standard for scheduled for such election in the same man- corporations from using unfair or deceptive public viewing of the open source code be es- ner as voting is allowed on election day. acts or practices in or affecting Federal elec- tablished by the EAC. Requires the EAC to issue standards for tions via civil or criminal remedy. Requires that the EAC will establish a na- the administration of early voting. Creates a corollary private right of action. tional standard for the conducting of a re- Provides that same day voter registration Amends 42 USC 1971 and 18 USC 245 to count of the results of any election for Fed- will occur during early voting. specify that deceptive and coercive voter in- eral office. timidation is unlawful. Section 11—Acceleration of Study on Election Prohibits states from entering into any Provides for an enhanced system for DOJ Day as Public Holiday agreement with an entity regarding the to track, document, and monitor election Requires the completion of a study on manufacture, distribution, installation, serv- irregularities. Election Day as a public holiday by the EAC icing, or other activity with respect to a vot- Section 4—National Federal Write-In Absentee no later than 6 months after the enactment ing machine if that entity contributes to a Ballot of this bill. campaign for public office and standards on Requires the Election Assistance Commis- Section 12—Improvements to Voting Systems such conflicts of interest will be established sion (EAC) to prescribe a national Federal Requires punch card systems to provide a by the EAC. write-in absentee ballot and that any person means of verification and audit ability. Section 18—Authorization of Appropriations qualified to vote in a Federal election be per- Section 13—Voter Registration Provides for the necessary appropriations mitted to cast a vote using that ballot. Requires voter registration forms to in- to the states to perform their duties under Provides that a federal write-in absentee clude an affidavit to be signed by the reg- this Act, $2 billion in 2006 and thereafter, ballot will be counted so long as the ballot is istrant attesting to both citizenship and age such sums as may be necessary. postmarked or signed before the close of the rather than having the registrant check Section 19—Effective Date polls on election day and received by the ap- boxes on the voter registration form attest- propriate State or election official on or be- Requires operative provisions to take ef- ing to both citizenship and age. fore the date which is 10 days after the date fect on January 1, 2007. Requires that any form developed or used of the election. by a State for voter registration in Federal f Section 5—Verified Ballots elections must include an affidavit attesting COMMENDING COUNTRIES AND OR- Provides that voting systems shall have an citizenship and age instead of the questions GANIZATIONS FOR MARKING independent means of voter verification and statements under HAVA sec. 303b4(A). which requires each voter to verify the bal- Requires states to establish voter registra- 60TH ANNIVERSARY OF LIBERA- lot before it is cast and counted with a tion through the Internet with the standard TION OF AUSCHWITZ paper, audio, pictorial, or electronic record established by the EAC. and that uniform and nondiscriminatory Section 14—Establishing Voter Identification SPEECH OF standards for such verified ballots be estab- Permits voter identification to be estab- lished by the EAC. HON. MICHAEL M. HONDA lished through a written affidavit when a OF CALIFORNIA Requires that any means of verification voter is voting in person or through the mail shall be preserved and made available for use and eliminates the need for any other form IN THE HOUSE OF REPRESENTATIVES in any audit. of identification, which has the effect of Tuesday, January 25, 2005 Requires that the EAC standards provide overruling the HAVA requirement that first for partial audits of voting machines to en- time voters who register by mail must pro- Mr. HONDA. Madam Speaker, I rise today sure that the voting machines are properly vide a photo ID when voting. to recognize a tragic anniversary, one which functioning and accurate and in the event Requires the EAC to establish the stand- we can never afford to forget. Last week, my that voting machines’ are not properly func- ards for establishing voter identification. colleagues and I voted unanimously in support tioning and accurate, the record of the Section 15—Impartial Administration of Elec- of a resolution commending countries and or- verified ballot will be used for the official tions vote count. ganizations for marking the 60th anniversary Requires that the EAC and the states will Requires that states issue a public notice of the liberation of Auschwitz-Birkenau and produce reports on the implementation of concerning any changes to the administra- urging a strengthening of the fight against rac- the verified ballot. tion of an election since the most recent ism, intolerance, bigotry, prejudice, discrimina- prior election. tion, and anti-Semitism. Section 6—Requirements for Counting Provi- Requires that states must provide access sional Ballots to any polling place to voting and civil January 27, 2005—marked the day 60 Requires that each state shall count any rights groups, and nonpartisan domestic and years ago that Soviet troops opened the gates provisional ballot which is cast at a polling international observers and that such access of the Auschwitz-Birkenau concentration camp place within the state if the individual who may be denied only through a public notice in Poland and liberated the Jewish prisoners cast such a ballot is otherwise eligible under that will be issued not later than 24 hours who had managed to survive the atrocities state law to vote. after such denial. committed within those walls. Section 7—Minimum Required Voting Systems Requires that the EAC conduct a study on I join with many others in remembering and Poll Workers in Precincts the administration of Federal elections in those who perished, in honoring their memory, Requires that each state shall provide for states by nonpartisan election boards, rather than Secretaries of State. and in promising survivors: ‘‘never again.’’ the minimum required number of func- Countries around the world will commemo- Section 16—Strengthening the Election Assist- tioning and accurate voting machines and rate this event as a reminder to us all of what poll workers for each precinct on the day of ance Commission any Federal election or during early voting Requires the EAC to submit any budget re- can befall humanity when we turn away from for any Federal election. quests to the Congress and all relevant injustice and fail to speak out when those in Requires the EAC to issue standards re- House and Senate Committees, in addition to power single out innocents for persecution. garding the minimum number of voting ma- the President or the Office of Budget and Together, we have made progress in bat- chines and poll workers. Management. tling anti-Semitism around the world. As part

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.097 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E159 of its effort to say ‘‘never again’’, the United Chairperson, he has motivated his students terior study suggests that oil development Nations General Assembly last week, com- both in the classroom and the band room— would contribute to a 20–40 percent decline in memorated the six million Jews who perished and his results have been amazing. Last year, the Refuge’s caribou population, and similar in the Holocaust, a signal that the UN will as- more than two-dozen of his students amassed declines in wolverine and musk oxen popu- sert leadership in the ongoing struggle against $300,000 in college scholarships. Under his lations. When you drill in the heart, every anti-Semitism. leadership, his students have increased their other part of the biological system suffers. This year’s memorial ceremonies are par- self-esteem and have improved their grades, The U.S. Fish and Wildlife Service calls the ticularly important because concentration test scores and graduation rates. coastal plain the ‘‘center for wildlife activity’’ in camp survivors are aging at a rapid rate and Ingram founded the Miami All-Stars Band the Refuge. lf the drillers get their way, a ref- may not be able to participate in such future Camp in 2002, giving many low-income fami- uge for wildlife will become something else— events. lies the opportunity to send their children. His a place for caribou, grizzlies, polar bears and Despite ongoing efforts, Jews throughout last camp included nearly 300 students all of wolves to practice their social skills with oil the world continue to suffer vandalism, verbal which were given the opportunity to work with riggers, pipelines, roads, pumping stations, assaults, and even physical attacks. On this college band directors and local musicians for bulldozers, helicopters, airstrips, and every- day of commemoration, we should all resolve an intensive one-week collegiate training thing else necessary for a state-of-the-art ‘‘en- to work towards a world where the Holocaust course. vironmentally-conscious’’ oil field. Like their can never happen again. Mr. Ingram shares his life’s passion daily. counterparts in the zoo, the wildlife will be re- f Mr. Speaker, I recognize him for his accom- quired to adapt to living in an oil field, and plishments and commend him for his hard they will be ‘‘wildlife’’ no more. A place that TO RENAME THE POST OFFICE IN work and innovation. has been ‘‘forever wild’’ will be gone—gone BARRIO LOGAN, CA f forever—never to be retrieved. If Congress authorizes drilling in the Refuge, HON. SUSAN A. DAVIS INTRODUCTION OF THE UDALL-EI- it will scar an untouched landscape, evict wild- SENHOWER ARCTIC WILDERNESS OF CALIFORNIA life from its traditional habitats, turn tundra pot- ACT IN THE HOUSE OF REPRESENTATIVES holes for ducks into catch basins for drilling wastes, and provide a precedent to invade Wednesday, February 2, 2005 HON. EDWARD J. MARKEY every other wildlife refuge in the United States Mrs. DAVIS of California. Mr. Speaker, I rise OF MASSACHUSETTS of America. today to honor a great man who stood up for IN THE HOUSE OF REPRESENTATIVES Let’s be clear—if we want to be able to pro- justice and fair treatment for all Americans. Wednesday, February 2, 2005 tect the wildlife refuge system later, we must During his life, Cesar E. Chavez was com- protect the Arctic National Wildlife Refuge mitted to providing fair wages, better working Mr. MARKEY. Mr. Speaker, today I am in- now. conditions, decent housing, and quality edu- troducing, with Representative NANCY JOHN- You have surely heard the argument that cation for all. He organized in Southern Cali- SON and over 100 of my colleagues, legislation we have no choice, that we have soldiers in fornia and accomplished a great deal to im- that would permanently protect the Coastal the oil fields of the Middle East that need to prove the living and working conditions for the Plain of the Arctic National Wildlife Refuge come home, that we must reduce our depend- people of San Diego. from development by granting it full wilderness ence on oil from unstable foreign suppliers. Mr. Chavez also made tremendous sac- status, consistent with the rest of the Refuge. Let’s be clear again—we have a choice, a rifices for all Americans, serving the United The Udall-Eisenhower Arctic Wilderness Act of better choice, and the sooner we steer the de- States proudly in the Navy during WorId War 2005 honors two great visionaries by pro- bate away from drilling for 6 months’ worth of II. tecting, in their name, this extraordinary piece oil in the Arctic Refuge, the sooner we can ac- His spirit and his vision are still alive today of America’s wilderness. Republican President tually do something real about oil imports. and I am determined to celebrate what he Dwight D. Eisenhower began the bipartisan The United States consumes 25 percent of stood for and his great accomplishments. legacy to protect this majestic land when he the world’s oil but controls only 3 percent of Mr. Speaker, today, I introduce legislation to set aside the core of the Refuge in 1960. the world’s reserves. 76 percent of those re- rename the post office located at 2777 Logan Twenty years later, in 1980, Democratic Rep- serves are controlled by the OPEC cartel; that Avenue in the Barrio Logan section of San resentative Morris Udall succeeded in doubling is our weakness. Our strength lies not in sacri- Diego as the ‘‘Cesar E. Chavez Post Office.’’ the size of the Refuge, thereby protecting ficing our wildlands; our strength lies in har- This is the least we can do to honor such even more of this pristine wilderness from oil nessing our technological genius. We are a a great but humble man dedicated to justice. drilling. As Mo Udall said at the time, ‘‘In our technological superpower. It is time to start Please join me in giving Mr. Chavez his right- lifetime, we have few opportunities to shape acting like one. ful place in American history. the very Earth on which our descendants will From an energy standpoint, drilling in the f live their lives. In each generation, we have wildlife refuge is completely unnecessary. carved up more and more of our once-great Transportation—cars, SUVs, and trucks—ac- TRIBUTE TO FEDRICK INGRAM, natural heritage. There ought to be a few count for approximately three-quarters of all MIAMI-DADE COUNTY TEACHER places left in the world the way the Almighty U.S. oil consumption. If we improve the aver- OF THE YEAR made them.’’ age fuel economy of cars, mini-vans, and President Eisenhower and Mo Udall had the SUVs by just 3 miles per gallon, we save HON. KENDRICK B. MEEK vision to protect a remote but very special more oil within ten years than would ever be OF FLORIDA piece of wilderness for America’s future gen- produced from drilling in the Arctic National IN THE HOUSE OF REPRESENTATIVES erations. It is now our responsibility to stop Wildlife Refuge. Technology already exists those who would tear down this legacy. This that will allow us to dramatically increase fuel Wednesday, February 2, 2005 legislation would, at long last, complete the job economy, not just by 3 mpg, but by 15 mpg Mr. MEEK of Florida. Mr. Speaker, I rise to they began. or more—five times the amount the industry honor Mr. Fedrick Ingram of Carol City High The Arctic National Wildlife Refuge is a na- could possibly drill out of the Refuge. School, who was honored this past Tuesday tional treasure. It is a Federal land given legal The debate over drilling in the Arctic Na- as Miami-Dade County Teacher of the Year. protection so that the pressures of develop- tional Wildlife Refuge is surreal when you con- Mr. Ingram, known for his discipline and ment today do not over-run the need to pre- sider that the country which is sending our drive, has pushed his students to excel in serve for tomorrow a unique place for the un- young men and women abroad to shed their music and academic studies. For the first time disturbed enjoyment of future generations. The blood in the Middle East oilfields is the same in 10 years, Miami Carol City’s Band received Arctic Refuge does not belong to the oil com- country which subsidizes the consumption of straight superiors in this year’s District Band panies; it does not belong to one party; it does oil at home as if it were an infinite resource. Competition, and was even invited to perform not belong to one State. It is a public wilder- Let me cite just one obscene example. The during the Sugar Bowl last month. ness trust, and we are the trustees. Administration’s current energy policy provides While many schools are placing less impor- The coastal plain of the Refuge is the bio- $35,000 in tax deductions for the purchase of tance on fine arts, Mr. Ingram has shown what logical heart of the ecosystem and is critical to a Hummer, but a mere $2,000 for the pur- value an amazing fine arts program can have. the survival of caribou, polar bears, and over chase of a hybrid vehicle. A hybrid gets 50 As Band Director and Fine Arts Department 160 species of birds. A Department of the In- miles per gallon, a Hummer gets 10 miles per

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.101 E02PT1 E160 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 gallon. Do the math. Oil is not infinite, but our Island is a diverse landscape with vibrant Catholic Schools Week, a week in which capacity to subsidize the waste of oil seems communities, impressive mountains and a Catholics spotlight the important mission of boundless. The Administration’s energy policy tropical rainforest that is home to hundreds of providing quality education and strong char- is like a hamster spinning in his wheel—lots of species of plants, trees and vertebrates. It is acter building of the 7,955 Catholic Schools activity, no progress. According to the Admin- that part of my homeland that I would like to across the country. istration’s own Energy Information Administra- bring to my Colleagues attention today. In conjunction with this important recognition tion, passage of the Energy Act will result in The Caribbean National Forest, the only as well as National Catholic Schools Apprecia- our dependence on foreign oil soaring from tropical rainforest in the U.S. Forest System, is tion Day, I have introduced legislation de- less than 65 percent today to 80 percent in a historic and natural treasure to both Puerto signed to ensure that the federal government 2025. Rico and our Nation. The Spanish Crown pro- appropriately assists parents with the financial The public understands that. In a recent claimed much of the current CNF as a forest burdens associated with their children’s edu- Zogby poll, Americans soundly rejected the reserve in 1824. Recently the CNF celebrated cation at a public or private school. My legisla- link between drilling in the wildlife refuge and its 100th anniversary, commemorating the tion, the Education, Achievement and Oppor- energy independence. Only one in six re- date when President Theodore Roosevelt re- tunity Act will provide refundable tuition tax spondents agreed that more domestic oil drill- asserted the protection of the CNF by desig- credits for the educational expenses incurred ing is the way to reduce our foreign oil de- nating the area as a forest reserve. by parents of children enrolled in elementary pendence. More than two-thirds believe the Located 25 miles east of San Juan, the for- and secondary school. The legislation offers United States should promote increased fuel est is a biologically rich. The CNF ranks num- parents of elementary school children up to economy and alternative energies instead of ber one among all national forests in the num- $2,500 in tax relief, while parents of a child in drilling. Americans have also made it clear to ber of species of native trees with 240. In ad- high school could claim up to $3,500 in assist- Congress that they disagree with attempts to dition, the CNF has a wide variety of orchids ance. make an end run around the legislative proc- and over 150 species of ferns. There are over Parents who choose to send their children ess by cramming the fate of the Arctic Refuge 100 species of vertebrates in the forest. Of to a Catholic school, or any private school, al- into the 2005 Budget resolution. The people of particular note is the endangered Puerto Rican ready pay twice for their child’s education: America recently expressed their disapproval parrot. At the time that Columbus set sails for once through their taxes and a second time of this ‘‘backdoor maneuver’’ by a margin of the New World, there were approximately one for the tuition. These out-of-pocket expenses 59 to 25 percent. million of these distinctive parrots, today there can certainly add up for some families and Even the oil companies have publicly an- are under 100. may pose an enormous obstacle to others. nounced that they are shifting their focus away The CNF is integral to the lives of hundreds Sadly, many parents struggle—and some may from the Arctic Refuge and toward fields in of thousands of Puerto Ricans. It is a major have to forgo a Catholic School education—or other parts of the North Slope of Alaska; so source of water to the island. The CNF re- any religious based school education—for fi- should Congress. BP, ConocoPhillips and ceives over 10 feet of rain each year. As a re- nancial reasons. ChevronTexaco have all quietly walked away sult, the major watersheds in the CNF are Recognizing the unique and enriching edu- from this political drilling frenzy, suggesting able to provide water to over 800,000 resi- cational value that Catholic schools provide, I that there are higher priorities for the oil indus- dents. In addition, the CNF provides a variety feel it is important that every parent have the try than drilling in this refuge. Is it possible that of recreational opportunities to the nearly option to send their children to such a school oil companies know something that the politi- 1,000,000 Puerto Ricans and tourists each if they wish. It is important to note that not cians do not? year. Families, friends and school groups only parents of children in the Catholic School If we allow this Congress to turn the Coastal come to the forest to hike, bird watch, picnic, system will benefit from this legislation. The Plain of the Arctic Refuge into an industrial swim and enjoy the scenic vistas. tax relief contained in my proposal can be uti- footprint, the impact on the land and the wild- A resource this special needs to be pro- lized by parents of children in private and pub- life would be permanent and the hoped-for en- tected for current and future generations. For lic schools to pay for a variety of educational ergy benefit only temporary. Let us join the this reason, I am introducing today my first expenses. Most significantly, the tax credits American people in saying, unequivocally, that legislation as a Member of Congress, ‘‘The are designed to help parents with the cost of there are places that are so rare, so special, Caribbean National Forest Act of 2005.’’ My tuition. However, the tax credits can be used so unique that we simply will not drill there as legislation builds upon earlier proposals intro- to help meet the costs of other educational long as alternatives exist. duced in the House and the Senate. These needs: (1) computers, educational software, We have an opportunity to preserve the Arc- proposals, endorsed by the Bush Administra- and books required for course of instruction; tic Refuge as the magnificent wilderness the tion, The Wilderness Society and the National (2) academic tutoring; (3) special needs serv- way God made it. It is arrogant and immoral Hispanic Environmental Council, would protect ices for qualifying children with disabilities (4) to sacrifice this ecological gem when we have approximately 10,000 acres of the most crucial fees for transportation services to and from a better ways to meet our energy needs, and no portions of the CNF as the El Toro Wilder- private school, if the transportation is provided other place with such environmental signifi- ness. My bill would insure that this crucial wa- by the school and the school charges a fee for cance on Earth. We do not dam Yosemite Val- tershed, this diverse and vibrant ecosystem, the transportation; and (5) academic testing ley for hydropower. We do not strip-mine Yel- and a major recreational destination in Puerto services. lowstone for coal. And we should not drill for Rico will remain available for generations to The Education, Achievement and Oppor- oil and gas in the Arctic Refuge. come. tunity Act proposes a tax credit, not a voucher, f Mr. Speaker, soon after I was elected to of- so the total amount of educational resources CARIBBEAN NATIONAL FOREST fice by the people of Puerto Rico. I visited the available for all school age children will in- ACT OF 2005 CNF and met with Forest Supervisor Pablo crease. Under a voucher system, if a school Cruz. During my visit, I recalled the many loses enrolled students to a competing school, HON. LUIS FORTUN˜O times that I have visited the CNF with my fam- that school may lose the funding along with the student. Under my plan, that negative out- OF PUERTO RICO ily and friends. I want this special place to be come is avoided. IN THE HOUSE OF REPRESENTATIVES there for our future generations. My legislation, the Caribbean National Forest Act of 2005, will There are over 59 million youngsters in ele- Wednesday, February 2, 2005 make that goal a reality. mentary and secondary schools across the ˜ Mr. FORTUNO. Mr. Speaker, during these f U.S. today—about 10 percent of these stu- cold Washington winter days, when the tem- dents are enrolled in private, parochial and perature hovers near freezing and another THE EDUCATION, ACHIEVEMENT rabbinical schools. If the public education sys- snow emergency is called, I wanted to take AND OPPORTUNITY ACT tem had to suddenly absorb all of these stu- this opportunity to remind my Colleagues of dents, they would be financially unable to do my Puerto Rico. I hope that my Colleagues HON. CHRISTOPHER H. SMITH so. Therefore, the public schools benefit from will think of the lush tropical island with warm OF NEW JERSEY the existence of the private schools as well. sun, the inviting white beaches and the aqua IN THE HOUSE OF REPRESENTATIVES As every child is unique, so are their edu- blue waters. That is my Puerto Rico but my cational needs. It is important to support our Wednesday, February 2, 2005 home is much, much more than that. nation’s public school systems which are crit- While for many, their thoughts of Puerto Mr. SMITH of New Jersey. Mr. Speaker, this ical in providing educational opportunities for Rico end at the beaches, the fact is that the week marks the 31st Anniversary of National all. At the same time, it is important to support

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.105 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E161 those parents who have a desire to provide a He openly received the Lord and Saviour THE SHUTTLE WILL FLY secure academic education for their children Jesus Christ into his life in 1997 while attend- but in a faith oriented setting. ing Full Harvest International Church under HON. TOM DeLAY It is my belief that the tuition tax credit Bishop Clarence E. McClendon. He was bap- should be available to all, no matter what their tized in the summer of 2002, and excitedly OF TEXAS race, color or national origin. And make no proclaimed the Word of God with every oppor- IN THE HOUSE OF REPRESENTATIVES mistake: the public school system will and tunity. It is Ed’s fondest wish that we continue Wednesday, February 2, 2005 must continue to remain the backbone of our to convey the Gospel throughout the world. Mr. DELAY. Mr. Speaker, I rise to honor the nation’s education system. However, we must He is survived by his wife, Pamela Chap- victims of the space shuttle Columbia disaster, never forget that the public school system was man; his parents, Malcolm and Jessie Chap- and also to honor the survivors here on the created to serve students—not the other way man; his children, Darlene, Kimberly, Darrin, ground, who have worked without interruption around. If a student is performing poorly in a and Jamal; his brother, Arnold; his sisters, for two years to see that the legacy of those school for one reason or another, parents Deborah and Diane; his five grandchildren, seven explorers lives on. should have the opportunity to move their Olivia, Austin, Karl, Lauryn, and Xavier; and a child to what may be a better setting. And the host of family and friends. Against a striking blue sky that Saturday federal government should help—not stand in morning, the shuttle burst like a star, and our Ed’s giving and loving spirit lives on through the way. friends, our astronauts—who, as President To truly make good on our promise that ‘‘No all who survive him and his presence though Bush said, faced their dangers willingly be- Child is Left Behind,’’ ensuring that Catholic never forgotten will often be missed. cause they knew they had a ‘‘high and noble Schools are included in this national promise purpose in life’’—were gone. brings us closer to achieving this important f That day our Nation mourned their loss and goal. A child is a child, regardless of which CONGRATULATIONS TO JOHN gave thanks that such men and women lived. school system they are enrolled. The children KNAPP And that day, our space program, brought enrolled in Catholic, private and rabbinical low by tragedy, began a new ascent in the schools deserve nothing less that our full sup- hard, hard work of discovery. port. HON. SANDER M. LEVIN Because no organization works with higher I urge my colleagues to support the Edu- OF MICHIGAN stakes, no organization has ever had to be as cation, Achievement and Opportunity Act. IN THE HOUSE OF REPRESENTATIVES good as NASA at recovering from mistakes f and adapting to new and more dangerous Wednesday, February 2, 2005 TRIBUTE TO MR. EDWARD challenges. MALCOLM CHAPMAN Mr. LEVIN. Mr. Speaker, I rise today to offer That is why, as we remember the Columbia congratulations to John Knapp on his retire- seven, those of us still inspired by America’s HON. CHRISTOPHER SHAYS ment from the city of Roseville. mission in space joined our sorrow with hope when we heard the news that the shuttle could OF CONNECTICUT Occasionally, we hear of people who are soon return to flight. IN THE HOUSE OF REPRESENTATIVES described as ‘‘fixtures of their communities.’’ NASA’s ‘‘Return to Flight Task Force’’ re- Wednesday, February 2, 2005 John Knapp is a good example of what is meant by this term. For all the years that I ported this week that the space shuttle Dis- Mr. SHAYS. Mr. Speaker, I rise to mourn have had the pleasure of serving in Congress, covery could be cleared to fly again as early the death and celebrate the life of Mr. Edward John Knapp has been serving the people of as this summer. Malcolm Chapman. Roseville, Michigan. Since I began rep- This news is not only great, Mr. Speaker, Edward Malcolm Chapman was born in resenting the city of Roseville a few years but noble. Greenwich, Connecticut to Malcolm and Jes- ago, John Knapp and the city of Roseville The legacy of the Columbia seven was a sie Chapman on December 14, 1942. have always seemed to be a perfect match— legacy of exploration and discovery not de- While growing up in Greenwich, Ed at- they both epitomize the best in the definition spite the risks, but, in a way, because of the tended the Greenwich school system. He was of ‘‘community.’’ risks—because knowledge has no price. a member of the high school choir, played in John Knapp has held the position of City Every astronaut who has ever suited up for the band where he was the first student to go Manager in Roseville since April 11, 2000. He NASA is driven by the same spirit that drew Allstate in their freshman year. He attended came to Roseville in 1984, where he held the early man out of his cave and into the light. Bethal A.M.E. Church where he sang in the position of City Controller for over 15 years. We crossed an ocean, then a continent, and choir. He graduated from Westchester Busi- Thereafter, John served as Interim City Man- walked the surface of the moon, not in search ness School and graduated with a degree in ager, in addition to his duties as City Con- of profit but knowledge. Business and attended music school in Stam- troller, from December 31, 1999, until his for- America’s mission in space is nothing less ford, Connecticut. Eddie entered the work force at a young mal appointment in April, 2000. John’s life of than the answering of ancient questions, on age. He held several positions in the work public service began long before this in the behalf of all the nations and all people who force from the technological end to the Wayne County Treasurer’s Office, where he have ever stared into the night sky and won- consultive; Bunker Ramo; Perkin Elmer; and served for over 22 years. dered. Digital Equipment Corporation. He spent the During John’s years as City Manager of Intrepid, wise, and good, the Columbia last nine years of his career at Drake Beam Roseville, he oversaw the completion of the seven—sons and daughters, brothers and sis- Morin, ‘‘DBM’’ becoming a very present part of building addition to the Roseville Police and ters, parents and friends—left us that day two the lives of many displaced individuals, con- Court Building. He was also instrumental in years ago, but their souls echo still in the sulting and encouraging them to be ever faith- the development of Veteran’s Memorial Park. brave and brilliant they left behind at NASA. ful in their present journey. Mr. Speaker, I ask my colleagues to join me The shuttle will fly, Mr. Speaker, and the In keeping a rhythm with all life’s great gifts, in applauding John Knapp for his years of ef- Columbia seven wouldn’t have it any other Ed was able to hit the golf course before fective service to the city of Roseville and for way. photographing his five grandchildren, in the his tireless commitment to the well-being of its So today, we remember, we mourn, and we middle of preparing egg rolls in the wok to the citizens. My best wishes to John with whom I hope, confident as Americans always are, that melodious sounds of Stan Getz, all while hear- have been privileged to develop a personal those who died in a quest to conquer igno- ing, listening, and understanding the problems friendship, and to his wife of 40 years, Karen, rance can never die in vain. of others. for a healthy and happy retirement.

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.110 E02PT1 E162 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2005 SENATE COMMITTEE MEETINGS 2006 for the Environmental Protection MARCH 1 Agency. 10 a.m. Title IV of Senate Resolution 4, SD–406 Energy and Natural Resources agreed to by the Senate on February 4, To hold hearings to examine the Presi- 1977, calls for establishment of a sys- FEBRUARY 10 dent’s proposed budget request for fis- tem for a computerized schedule of all 9:30 a.m. cal year 2006 for the Department of the meetings and hearings of Senate com- Armed Services Interior. mittees, subcommittees, joint commit- To hold hearings to examine the pro- SD–366 tees, and committees of conference. posed Defense Authorization Request This title requires all such committees for Fiscal Year 2006 and the Future MARCH 2 to notify the Office of the Senate Daily Years Defense Program. 10 a.m. Digest—designated by the Rules Com- SH–216 Energy and Natural Resources Foreign Relations To hold hearings to examine the Presi- mittee—of the time, place, and purpose To hold hearings to examine lessons dent’s proposed budget request for fis- of the meetings, when scheduled, and learned regarding the tsunami re- cal year 2006 for the Forest Service. any cancellations or changes in the sponse. SD–366 meetings as they occur. SD–419 As an additional procedure along Judiciary MARCH 3 with the computerization of this infor- Business meeting to consider pending 9:30 a.m. mation, the Office of the Senate Daily calendar business. Armed Services Digest will prepare this information for SD–226 To resume hearings to examine the pro- posed Defense Authorization Request printing in the Extensions of Remarks FEBRUARY 15 for Fiscal Year 2006 and the Future section of the CONGRESSIONAL RECORD Years Defense Program. on Monday and Wednesday of each 9:30 a.m. Indian Affairs SH–216 week. To hold hearings to examine the Presi- 10 a.m. Meetings scheduled for Thursday, dent’s fiscal year 2006 budget request Energy and Natural Resources February 3, 2005 may be found in the for Indian programs. To hold hearings to examine the Presi- dent’s proposed budget request for fis- Daily Digest of today’s RECORD. SR–485 10 a.m. cal year 2006 for the Department of En- Veterans’ Affairs ergy. SD–366 MEETINGS SCHEDULED To hold hearings to examine the Adminstration’s proposed fiscal year MARCH 8 FEBRUARY 7 2006 Department of Veterans Affairs Time to be announced budget. 9:30 a.m. Homeland Security and Governmental Af- SR–418 Armed Services fairs 2:30 p.m. To hold hearings to examine military Business meeting to consider the nomi- Foreign Relations strategy and operational requirements nations of Michael Chertoff, of New To hold hearings to examine CIA docu- in review of the Defense Authorization Jersey, to be Secretary of Homeland ment disclosure under the Nazi War Request for fiscal year 2006. Security, and Allen Weinstein, of Crimes Disclosure Act. SH–216 Maryland, to be Archivist of the United SD–419 2 p.m. States. Judiciary Veterans’ Affairs Room to be announced To hold hearings to examine certain To hold joint hearings with the House issues relative to CIA document disclo- Committee on Veterans Affairs to ex- FEBRUARY 8 sure under the Nazi War Crimes Disclo- amine the legislative presentation of the Disabled American Veterans. 9:30 a.m. sure Act. 345 CHOB Foreign Relations SD–226 To hold hearings to examine stabiliza- MARCH 9 tion and reconstruction regarding FEBRUARY 16 10 a.m. building peace in a hostile environ- 9:30 a.m. Veterans’ Affairs ment. Indian Affairs To hold joint hearings with the House SD–419 To continue hearings to examine the Committee on Veterans Affairs to ex- 10 a.m. President’s fiscal year 2006 budget re- amine the legislative presentation of Banking, Housing, and Urban Affairs quest for Indian programs. To hold hearings to examine the role of the Veterans of Foreign Wars. SR–485 SH–216 credit rating agencies in capital mar- 10 a.m. kets. Banking, Housing, and Urban Affairs MARCH 10 SD–538 To hold hearings to examine the semi- Energy and Natural Resources 10 a.m. annual monetary policy report to Con- Public Lands and Forests Subcommittee Veterans’ Affairs gress. To hold hearings to examine the imple- To hold joint hearings with the House SD–106 mentation of Titles I through III of Committee on Veterans Affairs to ex- P.L. 106–393, the Secure Rural Schools amine the legislative presentations of FEBRUARY 17 and Community Self-Determination the Blinded Veterans Association, the Act of 2000. 9:30 a.m. Non-Commissioned Officers Associa- SD–366 Armed Services tion, the Military Order of the Purple 2 p.m. To resume hearings to examine the pro- Heart, the Paralyzed Veterans of Finance posed Defense Authorization Request America and the Jewish War Veterans. To hold hearings to examine revenue pro- for Fiscal Year 2006 and the Future 345 CHOB posals in the President’s proposed Years Defense Program. budget for fiscal year 2006. SH–216 APRIL 14 SD–215 Foreign Relations 10 a.m. To hold hearings to examine democracy Veterans’ Affairs FEBRUARY 9 on the retreat in Russia. To hold joint hearings with the House 11:30 a.m. SD–419 Committee on Veterans Affairs to ex- Energy and Natural Resources 2:30 p.m. amine the legislative presentations of Business meeting to consider pending Energy and Natural Resources the Military Officers Association of calendar business. National Parks Subcommittee America, the National Association of SD–366 To hold hearings to examine National State Director of Veterans Affairs, 2:30 p.m. Park Service’s implementation of the AMVETS, the American Ex-Prisoners Environment and Public Works Federal Lands Recreation Enhance- of War, and Vietnam Veterans of Amer- To hold hearings to examine the Presi- ment Act. ica. dent’s proposed budget for fiscal year SD–366 345 CHOB

VerDate jul 14 2003 06:15 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\M02FE8.000 E02PT1 February 2, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E163 APRIL 21 the Fleet Reserve Association, the Air SEPTEMBER 20 10 a.m. Force Sergeants Association, the Re- 10 a.m. Veterans’ Affairs tired Enlisted Association, and the Veterans’ Affairs To hold joint hearings with the House Gold Star Wives of America. To hold joint hearings with the House Committee on Veterans Affairs to ex- 345 CHOB Committee on Veterans Affairs to ex- amine the legislative presentations of amine the legislative presentation of the American Legion. 345 CHOB

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HIGHLIGHTS The House of Representatives and Senate met in Joint Session to receive the President’s State of the Union message. Senate Chamber Action Messages From the House: Pages S881–82 Measures Referred: Page S882 Routine Proceedings, pages S833–S908 Executive Communications: Pages S882–86 Measures Introduced: Fifteen bills and three reso- lutions were introduced, as follows: S. 257–271, S. Additional Cosponsors: Pages S886–87 Res. 34–35, and S. Con. Res. 9. Page S886 Statements on Introduced Bills/Resolutions: Measures Reported: Page S887 S. Res. 34, authorizing expenditures by the Com- Additional Statements: Pages S878–S907 mittee on Health, Education, Labor, and Pensions. Authority for Committees to Meet: Page S907 S. Res. 35, authorizing expenditures by the Com- Adjournment: Senate convened at 9:15 a.m., and mittee on Veterans’ Affairs. Page S886 adjourned at 10:07 p.m., until 9 a.m., on Thursday, Measures Passed: February 3, 2005. (For Senate’s program, see the re- Adjournment Resolution: Senate agreed to H. marks of Acting Majority Leader in today’s Record Con. Res. 39, providing for an adjournment of the on page S908.) House of Representatives. Page S908 Nomination: Senate continued consideration of the Committee Meetings nomination of Alberto R. Gonzales, of Texas, to be Attorney General. Pages S834–73 (Committees not listed did not meet) A unanimous-consent agreement was reached pro- viding for further consideration of the nomination TSUNAMI PREPAREDNESS ACT following 2 hours of morning business on Thursday, Committee on Commerce, Science, and Transportation: February 3, 2005. Page S908 Committee concluded a hearing to examine the U.S. Tsunami Warning System, and S. 50, to authorize Escort Committee—Agreement: A unanimous- and strengthen the National Oceanic and Atmos- consent agreement was reached providing that the pheric Administration’s tsunami detection, forecast, Presiding Officer of the Senate be authorized to ap- warning, and mitigation program, after receiving point a committee on the part of the Senate to join testimony from Senators Frist and Landrieu; John H. with a like committee on the part of the House of Marburger, III, Director, Office of Science and Tech- Representatives to escort the President of the United nology Policy; Brigadier General John J. Kelly, States into the House Chamber for the joint session USAF (Ret.), Deputy Under Secretary of Commerce to be held tonight, Wednesday, February 2, 2005, for Oceans and Atmosphere, National Oceanic and at 9 p.m. Pages S907–08 Atmospheric Administration; Charles G. Groat, Di- Messages from the President: Senate received the rector, U.S. Geological Survey, Department of the following message from the President of the United Interior; Arden L. Bement, Jr., Director, National States: Science Foundation; Roger A. Hansen, Alaska Earth- Transmitting the report on the State of the Union quake Information Center, University of Alaska, delivered to a Joint Session of Congress on February Fairbanks; Eileen L. Shea, East-West Center, Hono- 2, 2005; which was ordered to lie on the table. lulu, Hawaii; and Daniel T. Cox, Oregon State Uni- (PM–2) Pages S878–81 versity College of Engineering, Corvallis. D49

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CLEAR SKIES ACT Subcommittee on Retirement Security and Aging: Sen- Committee on Environment and Public Works: Com- ators DeWine (Chairman), Isakson, Hatch, Sessions, mittee concluded a hearing to examine S. 131, to Roberts, Mikulski, Jeffords, Bingaman, and Clinton. amend the Clean Air Act to reduce air pollution through expansion of cap and trade programs, to NOMINATION provide an alternative regulatory classification for Committee on Homeland Security and Governmental Af- units subject to the cap and trade program, after re- fairs: Committee concluded a hearing to examine the ceiving testimony from James L. Connaughton, nomination of Michael Chertoff, of New Jersey, to Chairman, Council on Environmental Quality; Brian be Secretary of Homeland Security, after the nomi- Houseal, Adirondack Council, Albany, New York; nee, who was introduced by Senators Corzine and John D. Walke, Natural Resources Defense Council, Lautenberg, testified and answered questions in his New York, New York; and Abraham Breehey, Inter- own behalf. national Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, Fairfax, ASBESTOS Virginia. Committee on the Judiciary: Committee concluded a SOCIAL SECURITY hearing to examine FELA issues relating to asbestos, Committee on Finance: Committee held a hearing to focusing on asbestos-related diseases, other dust dis- examine the long term outlook for social security, fo- eases, and development of legislation to establish a cusing on economic, budgetary, and programmatic trust fund to compensate workers with asbestos-re- perspectives, and the aging of the population of the lated diseases, including the Fairness in Asbestos In- United States, receiving testimony from Douglas jury Resolution (FAIR) Act, after receiving testi- Holtz-Eakin, Director, Congressional Budget Office; mony from Edward Becker, Third Circuit Court of and Stephen C. Goss, Chief Actuary, Social Security Appeals Judge, Philadelphia, Pennsylvania; Laura Administration. Welch, Center to Protect Workers Rights, Silver Hearing recessed subject to the call. Spring, Maryland; Michael B. Martin, Maloney, Mar- tin, and Mitchell, LLP, Houston, Texas; David BUSINESS MEETING Weill, University of Colorado Health Sciences Cen- Committee on Health, Education, Labor, and Pensions: ter, Denver; Lester Brickman, Yeshiva University Committee ordered favorably reported an original Cardozo School of Law, New York, New York; Paul resolution (S. Res. 34) authorizing expenditures by E. Epstein, University of Pennsylvania School of the Committee. Medicine, Radnor; Paul R. Hoferer, BNSF Railway Also, committee adopted its rules of procedure for Co., Fort Worth, Texas, on behalf of the Association the 109th Congress and announced the following of American Railroads; Donald F. Griffin, Inter- subcommittee assignments: national Brotherhood of Teamsters, Washington, Subcommittee on Education and Early Childhood Devel- D.C.; and Theodore Rodman, Ardmore, Pennsyl- opment: Senators Alexander (Chairman), Gregg, Burr, vania. Isakson, DeWine, Ensign, Hatch, Sessions, Dodd, Harkin, Jeffords, Bingaman, Murray, Reed, and COMMITTEE FUNDING RESOLUTION Clinton. Subcommittee on Bioterrorism and Public Health Pre- Committee on Veterans’ Affairs: Committee approved paredness: Senators Burr (Chairman), Gregg, Frist, Al- for reporting an original resolution (S. Res. 35) au- exander, DeWine, Ensign, Hatch, Roberts, Kennedy, thorizing expenditures by the Committee. Dodd, Harkin, Mikulski, Bingaman, Murray, and Reed. INTELLIGENCE Subcommittee on Employment and Workplace Safety: Select Committee on Intelligence: Committee met in Senators Isakson (Chairman), Alexander, Burr, En- closed session to receive a briefing on certain intel- sign, Sessions, Roberts, Murray, Dodd, Harkin, Mi- ligence matters from officials of the intelligence kulski, and Jeffords. community.

VerDate jul 14 2003 05:45 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE5.REC D02FE5 February 2, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D51 House of Representatives pointment to the Permanent Select Committee on Chamber Action Intelligence. Page H317 Measures Introduced: 100 public bills, H.R. Committee Resignation: Read a letter from Rep- 507–606; 2 private bills, H.R. 607–608; and; 9 res- resentative Thompson (MS) wherein he resigned olutions, H. Con. Res. 43–45, and H. Res. 62–67, from the Committee on Agriculture, effective imme- were introduced. Pages H347–53 diately. Page H317 Additional Cosponsors: Pages H353–54 Committee Elections: The House agreed to H. Res. Reports Filed: No reports were filed today. 62, electing the following Members and Delegates to Speaker: Read a letter from the Speaker wherein he the following standing committees: appointed Representative LaHood as Speaker Pro Committee on Agriculture: Representatives Pom- Tempore for today. Page H289 eroy, Boswell, Larsen (WA), Davis (TN), and Chan- dler. Page H317 Chaplain: The prayer was offered today by Rev. Committee on the Budget: Representative Kind. Aubry L. Wallace, Chaplain, Chilton County Sher- Page H317 iff’s Department in Clanton, Alabama. Page H289 Committee on Government Reform: Representa- Suspensions: The House agreed to suspend the rules tive Norton. Page H317 and pass the following measures: Committee on Resources: Representatives George Commending the Palestinian people for con- Miller (CA), Markey, DeFazio, Inslee, Udall (CO), ducting a free and fair presidential election: H. Cardoza, and Herseth. Page H317 Res. 56, commending the Palestinian people for con- Committee on Science: Representatives Hooley ducting a free and fair presidential election on Janu- (OR), Jackson-Lee (TX), Zoe Lofgren (CA), Sherman, ary 9, 2005, by a 2/3 yea-and-nay vote of 415 yeas Baird, Matheson, Costa, Al Green (TX), and to 1 nay, Roll No. 17; and Pages H292–99, H325–26 Melancon. Page H317 Committee on Small Business: Representatives Urging the European Union to maintain its Faleomavaega, Christensen, Davis (IL), Case, arms embargo on the People’s Republic of China: Bordallo, Grijalva, Michaud, Linda Sa´nchez (CA), H. Res. 57, urging the European Union to maintain Barrow, and Bean. Page H317 its arms embargo on the People’s Republic of China, Committee on Veterans’ Affairs: Representatives by a 2/3 yea-and-nay vote of 411 yeas to 3 nays, Strickland, Hooley (OR), Reyes, Berkely, and Udall Pages H299–H303, H326 Roll No. 18. (NM). Page H317 Iraq Free Election Resolution: The House agreed Calendar Wednesday: Agreed to dispense with the to H. Res. 60, relating to the free election in Iraq Calendar Wednesday business of Wednesday, Feb- held on January 30, 2005, by yea-and-nay vote of ruary 9. Page H328 404 yeas to 9 nays with 3 voting ‘‘present’’, Roll No. 19. Pages H303–10, H327 Meeting Hour: Agreed that when the House ad- The resolution was considered under a unanimous journs today, it adjourn to meet at 2 p.m. on Friday, consent agreement reached yesterday, February 1. February 4, 2005, unless it sooner has received a Page H310 message from the Senate transmitting its concurrence in H. Con. Res. 39, in which case the House shall Support for equal access of military recruiters to stand adjourned pursuant to that concurrent resolu- institutions of higher education: The House tion. Page H328 agreed to H. Con. Res. 36, expressing the continued support of Congress for equal access of military re- Committee Elections: The House agreed to H. Res. cruiters to institutions of higher education, by a yea- 64, electing Representatives Crenshaw, Wicker, and and-nay vote of 327 yeas to 84 nays, Roll No. 16. Ros-Lehtinen to the Committee on the Budget. Page H339 Pages H310–15, H317–25 H. Res. 59, the rule providing for consideration Recess: The House recessed at 3:41 p.m. and recon- of the resolution was agreed to by voice vote. vened at 4:50 p.m. Page H339 Pages H315–17 Committee Elections: The House agreed to H. Res. Committee Leave of Absence: Read a letter from 65, electing Representatives Hastings (WA), Chair- Representative Tierney wherein he requested a leave man; and Representatives Biggert, Smith (TX), of absence, effective immediately, from the Com- Hart, and Cole to the Committee on Standards of mittee on Government Reform due to pending ap- Official Conduct. Page H339

VerDate jul 14 2003 05:45 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE5.REC D02FE5 D52 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2005 Committee Elections: The House agreed to H. Res. Richard A. Cody, USA, Vice Chief of Staff, LTG 66, electing the following Members to the following James R. Helmly, USA, Chief, Army Reserve; LTG standing committees: H. Steven Blum, USA, Chief, National Guard Bu- Committee on Education and the Workforce: Rep- reau; LTG Roger C. Schultz, USA, Chief, Army Na- resentative Souder. Page H339 tional Guard, all with the Department of the Army; Committee on Financial Services: Representative David S. C. Chu, Under Secretary, Personnel and Pearce. Page H339 Readiness; and Thomas F. Hall, Assistant Secretary, Committee on International Relations: Represent- Reserve Affairs. ative Barrett (SC). Page H339 COMMITTEE ORGANIZATION; OVERSIGHT Committee on Small Business: Representatives PLAN Shuster, Bradley (NH), and Keller. Page H339 Committee on Veterans’ Affairs: Representatives Committee on the Budget: Met for organizational pur- Nunes and Turner. Page H339 poses. Recess: The House recessed at 4:53 p.m. and recon- The Committee approved an Oversight Plan for the 109th Congress. vened at 8:45 p.m. Pages H339–40 State of the Union Message: President George W. COMMITTEE ORGANIZATION; OVERSIGHT Bush delivered his State of the Union address to a PLAN joint session of Congress, pursuant to the provisions Committee on Education and the Workforce: Met for or- of H. Con. Res. 20. He was escorted into the House ganizational purposes. chamber by a committee comprised of Representa- The Committee approved an Oversight Plan for tives DeLay, Blunt, Pryce, Shadegg, Pelosi, Hoyer, the 109th Congress. Menendez, and Clyburn and Senators Frist, McCon- COMMITTEE ORGANIZATION nell, Santorum, Hutchison, Kyl, Dole, Hatch, Thomas, Reid, Durbin, Stabenow, Schumer, Dorgan, Committee on Energy and Commerce: Met for organiza- and Clinton. Pages H340–44 tional purposes. Later, it was agreed that the President’s message COMMITTEE ORGANIZATION; OVERSIGHT be referred to the Committee of the Whole House PLAN on the State of the Union and ordered printed (H. Committee on Financial Services: Met for organizational Doc. 109–3). Page H344 purposes. Committee Resignation: Read a letter from Rep- The Committee approved an Oversight Plan for resentative Souder wherein he resigned from the the 109th Congress. Committee on Resources, effective today, February 2. CONFRONTING RECIDIVISM Page H344 Committee on Government Reform: Held a hearing enti- Senate Messages: Messages received from the Senate tled ‘‘Confronting Recidivism: Prisoner Re-entry today appear on page H289. Programs and a Just Future for All Americans.’’ Tes- Senate Referrals: S. 167 was referred to the Com- timony was heard from Representatives Portman and mittees on the Judiciary and House Administration. Davis of Illinois; Felix Mata, Project Manager, Ex- Page H344 Offender Initiative, Office of Employment Develop- Quorum Calls—Votes: Four yea-and-nay votes de- ment, Baltimore, Maryland; Paul A. Quander, Jr., veloped during the proceedings today and appear on Director, Court Services and Offender Supervision pages H325, H325–26, H326 and H327. Agency, District of Columbia; Reggie Wilkinson, There were no quorum calls. Department of Rehabilitation and Correction, State of Ohio; and public witnesses. Adjournment: The House met at 10 a.m. and at 10:08 p.m., pursuant to the provisions of H. Con. COMMITTEE ORGANIZATION; OVERSIGHT Res. 39, stands adjourned until 2 p.m. on Tuesday, PLAN February 8. Committee on Resources: Met for organizational pur- poses. Committee Meetings The Committee approved an Oversight Plan for ARMED FORCES ADEQUACY the 109th Congress. Committee on Armed Services: Subcommittee on Mili- HUBBLE SCIENCE OPTIONS tary Personnel held a hearing on the adequacy of Committee on Science: Held a hearing on Options for Armed Forces. Testimony was heard from the fol- Hubble Science. Testimony was heard from Lou lowing officials of the Department of Defense: GEN Lanzerotti, Chair, Committee on the Assessment of

VerDate jul 14 2003 05:45 Feb 03, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE5.REC D02FE5 February 2, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D53 Options for Extending the Life of the Hubble Space Encephalopathy (BSE) on United States imports and ex- Telescope, National Academy of Sciences; and public ports of cattle and beef, 11 a.m., SD–106. witnesses. Committee on Appropriations: Subcommittee on Com- merce, Justice, State, and the Judiciary, to hold hearings COMMITTEE ORGANIZATION to examine the Federal Bureau of Investigation’s Informa- Committee on Transportation and Infrastructure: Met for tion Technology Modernization Program, Trilogy, 2 p.m., organizational purposes. SD–192. COMMITTEE ORGANIZATION; OVERSIGHT Committee on Armed Services: to hold hearings to examine U.S. military operations and stabilization activities in Iraq PLAN and Afghanistan, 10 a.m., SH–216. Committee on Ways and Means: Met for organizational Committee on Energy and Natural Resources: to hold hear- purposes. ings to examine global energy trends and their potential The Committee approved an Oversight Plan for impact on U.S. energy needs, security and policy, focus- the 109th Congress. ing on the 2005 annual energy outlook, perspectives on NATIONAL SECURITY—EMERGING emerging world energy trends, including key factors af- fecting energy supply (such as OPEC and Russia) and en- THREATS ergy demand (such as Asia), 10 a.m., SD–366. Select Committee on Intelligence: Held a hearing on Committee on the Judiciary: business meeting to consider emerging threats to national security. Testimony was S. 5, to amend the procedures that apply to consideration heard from the following former officials of the De- of interstate class actions to assure fairer outcomes for partment of Defense: Richard Perle, Assistant Sec- class members and defendants, and S. 256, to amend title retary, International Security Policy; and Kurt 11 of the United States Code, 9:30 a.m., SD–226. Campbell, Deputy Assistant Secretary, Policy; R. Committee on Veterans’ Affairs: to hold hearings to exam- James Woolsey, former Director, CIA; and public ine benefits for survivors of those killed in the line of witnesses. duty, 10 a.m., SR–418. Special Committee on Aging: to hold hearings to examine f current and future social security issues, 2 p.m., SD–628. COMMITTEE MEETINGS FOR THURSDAY, FEBRUARY 3, 2005 House (Committee meetings are open unless otherwise indicated) No committee meetings are scheduled. Senate Committee on Agriculture, Nutrition, and Forestry: to hold hearings to examine the effects of Bovine Spongiform

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, February 3 2 p.m., Tuesday, February 8

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Tuesday to be announced. morning business (not to extend beyond 2 hours), Senate will continue consideration of the nomination of Alberto R. Gonzales, of Texas, to be Attorney General, with up to 8 hours for debate equally divided, and that following the use or yielding back of time, Senate will proceed to a vote on confirmation of the nomination.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E145 Ryan, Tim, Ohio, E154 Harman, Jane, Calif., E147 Sanders, Bernard, Vt., E149 Baca, Joe, Calif., E148 Herseth, Stephanie, S.D., E148 Sessions, Pete, Tex., E143 Baker, Richard H., La., E156 Honda, Michael M., Calif., E155, E158 Shays, Christopher, Conn., E161 Biggert, Judy, Ill., E145 Hunter, Duncan, Calif., E144 Shimkus, John, Ill., E153 Boucher, Rick, Va., E147 Johnson, Sam, Tex., E150 Boustany, Charles W., Jr., La., E148 Jones, Stephanie Tubbs, Ohio, E133, E138, E142 Smith, Christopher H., N.J., E160 Cardoza, Dennis A., Calif., E147 Kanjorski, Paul E., Pa., E136, E141 Solis, Hilda L., Calif., E153 Carnahan, Russ, Mo., E153 Kucinich, Dennis J., Ohio, E146 Stark, Fortney Pete, Calif., E157 Chandler, Ben, Ky., E151 Lantos, Tom, Calif., E154 Tanner, John S., Tenn., E154 Conyers, John, Jr., Mich., E157 Levin, Sander M., Mich., E161 Tauscher, Ellen O., Calif., E133, E134, E137, E138, Davis, Susan A., Calif., E154, E155, E159 Linder, John, Ga., E149 E142, E143, E147, E149, E152 Davis, Tom, Va., E144 Maloney, Carolyn B., N.Y., E134, E138, E143 Turner, Michael R., Ohio, E146 Delahunt, William D., Mass., E145 Markey, Edward J., Mass., E159 Udall, Mark, Colo., E133, E134, E137, E138, E141, E143, DeLay, Tom, Tex., E161 Meek, Kendrick B., Fla., E159 E146, E149, E152 Diaz-Balart, Lincoln, Fla., E143 Oxley, Michael G., Ohio, E153 Udall, Tom, N.M., E135, E139 Eshoo, Anna G., Calif., E151, E156 Paul, Ron, Tex., E133, E137, E142, E144 Fortun˜ o, Luis, Puerto Rico, E160 Petri, Thomas E., Wisc., E152 Van Hollen, Chris, Md., E150 Frelinghuysen, Rodney P., N.J., E135, E140 Pickering, Charles W. ‘‘Chip’’, Miss., E156 Visclosky, Peter J., Ind., E145 Goodlatte, Bob, Va., E136, E141 Putnam, Adam H., Fla., E134, E139, E143 Weiner, Anthony D., N.Y., E152

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