September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20173 HOUSE OF REPRESENTATIVES—Wednesday, September 14, 2005

The House met at 10 a.m. and was I pledge allegiance to the Flag of the the Gulf Coast communities ravaged by called to order by the Speaker pro tem- United States of America, and to the Repub- Hurricane Katrina. pore (Mr. FOLEY). lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Last week, we met the growing hu- f manitarian and economic needs by f DESIGNATION OF THE SPEAKER passing an additional $51.8 billion in PRO TEMPORE MESSAGE FROM THE SENATE emergency relief. The SPEAKER pro tempore laid be- A message from the Senate by Ms. This week, Mr. Speaker, with the fore the House the following commu- Curtis, one of its clerks, announced levee repaired, the flood waters reced- nication from the Speaker: that the Senate has passed a bill of the ing, and the immediate funding needs following title in which the concur- met, the House’s focus must shift to WASHINGTON, DC, September 14, 2005. rence of the House is requested: the broader policy implications of the I hereby appoint the Honorable MARK S. 1613. An act to amend that Livestock Katrina disaster. FOLEY to act as Speaker pro tempore on this Mandatory Reporting Act of 1999 to extend Millions of our countrymen, men, the termination date for mandatory price re- day. women, and children, have been dis- J. DENNIS HASTERT, porting. Speaker of the House of Representatives. placed all around our Nation. That f means communities taking on larger f WELCOMING AND HONORING populations, schools seating more stu- PRAYER REVEREND STEVE HOUPE dents, hospitals seeing more patients, businesses serving more customers, The Reverend Dr. Steve Houpe, Pas- (Mr. CLEAVER asked and was given roads and public transportation accom- tor, Harvest Church, Kansas City, MO, permission to address the House for 1 modating more travelers. offered the following prayer: minute.) Heavenly Father, in the name of my Mr. CLEAVER. Mr. Speaker, I am The first responders and emergency resurrected Saviour, I come before pleased to rise today in recognition of managers on the ground in the affected Your presence to thank You and praise our guest Chaplain, Dr. Steve Houpe, region from all levels of government You for Your goodness, mercy, grace, founder and Pastor of the Harvest are in charge of the national response and love that You extend to us every Church in Kansas City, Missouri. in the coming days. day. Soon after his graduation and ordina- Congress must look at the coming Thank You for the honor and privi- tion from Rhema Bible Training Center months and years. lege of living in this great country. in 1986, Dr. Houpe began his ministry Thank You for our freedom, for the and founded Harvest Church, one of the Toward that end, last week, the ability to worship and serve You freely. fastest-growing congregations in our Speaker and Senator FRIST announced Allow us to always honor You and Your community. their intention to create a bipartisan, ways. I pray for the mothers, the fa- But this was just the beginning. Dr. bicameral, select committee of senior thers, and children of this Nation. I Houpe had a strong calling to edu- Members and Senators to review and pray for the schools, the government cation; and, in 1990, he founded Harvest report findings about the preparations agencies, and businesses. Christian Schools, now Faith Academy, for and response to Hurricane Katrina. God, I beseech Your throne this day to educate children in a Christian envi- Isolated partisan attacks of the bipar- on behalf of these prominent leaders of ronment with a strong academic em- tisan committee notwithstanding, it our Nation. Give them Your truth, di- phasis. And, in 1996, he founded Harvest will allow and require the Congress to rection, Your wisdom and power. I pray Bible Institute to teach men and do its constitutional duty to review the for each of these Congressmen, their women to give of themselves for serv- recovery and the policies that govern families, and the people they represent. ice in the ministry. Dr. Houpe has also it. Lord God, I give You praise for what been called to bring the word of God The joint select committee will You have done, for what You are doing, into the homes of people beyond his work, as even its shrillest critics must and for what You are going to do. congregation through his authorship of know. Amen. four inspirational books. Meanwhile, this week, the House is Pastor Houpe further devotes himself f at work developing targeted policies to his wife Donna and their six beau- for the ongoing national response, from THE JOURNAL tiful children. a bill to protect Katrina’s good Sa- The SPEAKER pro tempore. The Pastor Houpe has touched countless maritans from predatory trial lawyers, Chair has examined the Journal of the lives in our community and across this to a bill to encourage more charitable last day’s proceedings and announces Nation, and we are pleased to have him giving to the Katrina private relief ef- to the House his approval thereof. here today. fort by providing targeted tax relief for Pursuant to clause 1, rule I, the Jour- f the contributors to the recovery. nal stands approved. ONGOING EFFORTS IN THE AFTER- These and other policies will be f MATH OF HURRICANE KATRINA brought to the floor as they are ready PLEDGE OF ALLEGIANCE (Mr. DELAY asked and was given per- so that the House can respond as The SPEAKER pro tempore. Will the mission to address the House for 1 quickly and as effectively as possible. gentleman from Missouri (Mr. minute.) Our entire Nation has its work cut CLEAVER) come forward and lead the Mr. DELAY. Mr. Speaker, 2 weeks out for it, recovering from this trag- House in the Pledge of Allegiance. ago, Congress reconvened early to pass edy. The House will meet its responsi- Mr. CLEAVER led the Pledge of Alle- an emergency funding bill to meet the bility, in the aftermath of this emer- giance as follows: immediate relief and recovery needs of gency, to lead.

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

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20174 CONGRESSIONAL RECORD—HOUSE September 14, 2005 CREATING A CABINET-LEVEL DE- sex offenders use to desecrate our ital of the world is potentially without PARTMENT OF PEACE AND NON- world. fighter protection, the penny pinchers VIOLENCE f need to reevaluate their priorities. Like every mother tells her child, (Mr. KUCINICH asked and was given HURRICANE KATRINA ‘‘safety first.’’ So we need to keep the permission to address the House for 1 ACCELERATED TAX BENEFITS ACT minute and to revise and extend his re- F–16s flying over Southeast Texas and marks.) (Mr. EMANUEL asked and was given the energy capital of the world. permission to address the House for 1 Mr. KUCINICH. Mr. Speaker, from f our deepest silence, from that place minute.) GAMING INDUSTRY’S RESPONSE within each of us that knows peace, Mr. EMANUEL. Mr. Speaker, as we TO HURRICANE KATRINA from our heart of hearts which con- consider tax incentives for businesses nects us to the world and to the heart that have been affected by Hurricane (Ms. BERKLEY asked and was given of the world, we know that fear leads Katrina and help them get up and run- permission to address the House for 1 to violence, that violence leads to war, ning, we must also help the affected minute and to revise and extend her re- that war leads to total destruction. Yet families get up and running. Both are marks.) we do not want to fear, we do not want essential endeavors. Ms. BERKLEY. Mr. Speaker, as mil- violence, we do not want war, we want Americans have lost their homes and lions of people lost their homes and peace. We desire peace so intensely incomes through no fault of their own. their jobs, the casino and gaming in- that we are willing to do almost any- In the coming days, I will introduce dustry in the Gulf Coast region is help- thing to achieve it, including spending the Hurricane Katrina Accelerated Tax ing them in the aftermath of Hurricane half of our resources for arms to help Benefits Act. This bill will fast-track Katrina. feel secure. the Earned Income Tax Credit, the I applaud the American Gaming As- We know we cannot continue on this Child Tax Credit, and educational in- sociation for setting up the Gaming In- perilous path of seeking peace through centives such as the Hope and Lifetime dustry Katrina Relief Fund to raise violence. We know that this approach Learning Credits to the people in the money to provide disaster relief and as- offers our children no future at all. Gulf Coast, providing these hard-work- sistance to gaming employees in Mis- So today we make a new beginning ing Americans with much-needed re- sissippi and Louisiana. with House bill 3760, legislation to cre- sources. It will stimulate the economy Gaming companies have created pro- ate a Cabinet-level department of and help rebuild the lives of affected grams to help their employees after the peace and nonviolence. In doing so, Americans. devastation of the hurricane. Among dozens of Members of this Congress an- These Americans who have lost so other relief efforts, Harrah’s Entertain- nounced that we choose courage over much should receive their tax refunds ment has established a $1 million Em- fear and hope over despair. We an- now. They have worked for it, and they ployee Recovery Fund and is paying nounce our desire to create a new have earned it. employee wages for 90 days, Boyd Gam- America and a new world. There is a precedent for fast-tracking ing is paying employees for 8 weeks, tax refunds during times of crisis. Fol- f and the MGM Mirage has established a lowing the tragic events of September call center and paycheck distribution CHILDREN’S SAFETY ACT 11, 2001, Congress passed legislation to center in Biloxi. (Ms. FOXX asked and was given per- fast-track the Child Tax Credit re- The gaming industry is taking care mission to address the House for 1 funds. of their employees in the areas ravaged minute.) Mr. Speaker, we cannot undo the by the hurricane. As usual, the indus- Ms. FOXX. Mr. Speaker, sexual pred- damage wrought by Hurricane Katrina, try has stepped up to the plate to help ators lurk in the shadows of our neigh- but we can begin to restore lives. By their employees weather the storm and borhoods and prey on those who are in- taking these steps, we can quickly de- their communities to rebuild. I applaud nocent and defenseless. Many sex of- liver the funds to these families who the gaming industry for all they do. fenders are living under the radar of have worked hard and paid taxes. f local law enforcement and continue to I hope my colleagues will join me in elude the criminal justice system. advancing this important legislation. b 1015 But we are bringing forth legislation f THANKS TO QATAR that strengthens the critical need of HOMELAND SECURITY VERSUS protecting the safety of our children. (Mr. ROHRABACHER asked and was FOREIGN AID H.R. 3132, the Children’s Safety Act, given permission to address the House addresses the growing epidemic of vio- (Mr. POE asked and was given per- for 1 minute and to revise and extend lence against children and enhances mission to address the House for 1 his remarks.) their safety from convicted sex offend- minute.) Mr. ROHRABACHER. Mr. Speaker, in ers through coordinated State sex of- Mr. POE. Mr. Speaker, it is the desire the aftermath of Hurricane Katrina, we fender registration and notification to be frugal that led the Base Closure as a people should take note of those programs. Commission to recommend the retire- who immediately rushed forward to One of the most crucial problems is ment of the 147th Fighter Wing from help. As a senior member of the Inter- that over 100,000 sex offenders are Ellington Field in Houston, Texas. national Relations Committee, I rise ‘‘missing.’’ They have not complied The removal of these aircraft would today to express my personal gratitude with sex offender registration require- severely weaken the military’s ability as well as that of my fellow Americans ments. This legislation remedies this to protect the City of Houston, NASA, to the royal family and to the people of crisis by ensuring compliance and en- the Port of Houston, the Port of Beau- Qatar who once again demonstrated forcement. mont, and Port Arthur. It is for that their generosity, friendship, and soli- Child exploitation and sexual abuse reason that I have introduced House darity with the people of the United are a growing predicament. This bill Resolution 412 which calls for the States at a time of our maximum suf- tightens mandatory minimums for President to work with the Secretary fering. crimes of violence against children. It of Homeland Security to ensure that When it really counted, Qatar expands the category of crimes to in- any base closings do not affect home- stepped forward with a generous gift of clude juvenile sex offenses, possession land security inadvertently. $100 million to the American victims of of child pornography, and a new defini- Mr. Speaker, we should reevaluate Hurricane Katrina. tion of sex offense. our foreign giveaway programs if we Qatar is a small country, yet it must It is time to shed light on this most want to save money. When homeland rank near the top of America’s list of egregious crime and tighten the outlets security is at stake and the energy cap- friends and allies. With the leadership

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20175 of a thoughtful and progressive royal funded hospital closer to the disaster to score political points on the devas- family, Qatar is building democratic zone. State homeland security officials tation caused by Hurricane Katrina. institutions including elections, free- prevented the Red Cross from trucking But out there in real America, real dom of press and religion, and a rec- in supplies in the immediate after- Americans are working to assist those ognition of the rights of women. math. who have been displaced. Furthermore, after 9/11, our military Police shut down a key bridge after I want to thank them for the great was permitted to establish its head- the hurricane hit, preventing escape by work that they are doing. Last week, I quarters in Qatar, which is vital to the victims of the storm. Churches in Lou- thanked our Memphis-area organiza- safety of our troops and the success of isiana asked by FEMA to take in vic- tions who are helping our Gulf neigh- America’s operations in Afghanistan tims of the hurricane have received no bors. Today I want to recognize the fol- and Iraq. financial assistance from the agency, lowing Nashville-area organizations Thank you, Qatar. You have proven because FEMA cannot offer assistance providing shelter. We have the to be friends when we needed you the to uncertified faith-based groups. Crievewood Baptist Church and Tulip most, and we will not forget it. Survivors sleep on the floors of these Grove Baptist Church and their con- f churches while FEMA is storing unused gregations; Clear View Baptist Church cots in Louisiana warehouses. The in Williamson County is providing HURRICANE KATRINA EVACUEES worst thing that can come from all of shelter as well as food. IN THE DREAM CENTER these hearings, investigations, and Grace Works Ministries is collecting (Ms. SOLIS asked and was given per- commissions is more red tape of the clothing and hygiene kits, and the mission to address the House for 1 sort that has slowed current relief ef- Interfaith Dental Clinic is providing minute.) forts and probably cost many, many acute dental emergency care for free. Ms. SOLIS. Mr. Speaker, over the lives. The Montgomery Bell Academy Serv- weekend I visited the Dream Center in f ice Club has loaded an 18-wheeler full Los Angeles, California, which is cur- of supplies, and they sent it south to HURRICANE KATRINA TRAGEDY rently housing over 250 evacuees of Mississippi. Hurricane Katrina. The Dream Center (Mr. MORAN of Virginia asked and In Montgomery County, the Hilldale has committed to feeding, housing and was given permission to address the Church of Christ is doing the good clothing these evacuees. The stories House for 1 minute and to revise and work of taking in our neighbors. that I heard from them are gut wrench- extend his remarks.) I have been in Mississippi to help ing. I met a woman who escaped with Mr. MORAN of Virginia. Mr. Speak- with the relief efforts, and I applaud her two nephews and her 80-year-old er, many people responded admirably the Nation’s aid organizations and all mother, Sheila Bell. and effectively in New Orleans and of the work the local charities and the I also visited with a father who was throughout the Gulf Coast. But the outstanding volunteers are giving to caring for his youngster who is 1 year fact is that a natural disaster was our neighbors in need. old. But Mrs. Bell, unfortunately, was turned into a human travesty because f separated from her daughters. Her of incompetence, disorganization, and daughters are somewhere in Texas. She misplaced priorities. IN SUPPORT OF THE CHILDREN’S cannot find them. She wants to hear And the answer does not lie in the SAFETY ACT from them. And I want to also applaud firing of Michael Brown. It has been ap- (Ms. HARRIS asked and was given the firemen and the first responders parent to many who have watched permission to address the House for 1 who risked their own lives to help what has happened within the Depart- minute and to revise and extend her re- those in need to leave the center. ment of Homeland Security that FEMA marks.) Mrs. Bell recounted that the water has been unvalued within this adminis- Ms. HARRIS. Mr. Speaker, some- level in her house came up to her neck. tration, and as a result became a times numbers paint a dramatic pic- But there are many stories like hers. dumping ground for political hacks. ture. According to a survey conducted And one of the things that I have to The fact is that 75 percent of FEMA’s by the U.S. Department of Justice, one bring forward is the fact that FEMA money has had to go to terrorism-re- in five children 10 to 17 years old are made a promise to give these evacuees lated situations, such as paying over- recipients of unwanted sexual solicita- assistance. time for TSA airport screeners, which tions online. One of every seven vic- Now, it is 2 weeks, the assistance is means that preparation for the possi- tims of sexual assault is under the age not there. Political hacks have pushed bility of flooding in New Orleans or an of 6. One in five girls will be sexually aside the professionals out of FEMA. earthquake in San Francisco get very exploited before they reach adulthood. Since this President took office, 4.1 low priority. And one in 10 boys will become victims million people have slipped into pov- In fact, we are not even preparing before they become men. erty. The poor and underserved of the adequately now for an earthquake in According to the National Center For Gulf are the hardest hit. They are the San Francisco when two out of three of Missing and Exploited Children, the ones that need our help. FEMA’s highest priorities have already whereabouts of 100,00 to 150,000 of some Let us move forward and help those occurred with New York and New Orle- 500,000 sexual offenders currently reg- that need our assistance now. ans. istered in the United States are un- f Mr. Speaker, another natural tragedy known. cannot be allowed to become another What is known is that we are not RED TAPE AND HURRICANE human travesty. We have to get into powerless. I fully support the measures RELIEF the guts of this organization, weed out included in the Child Safety Act. The (Mr. PITTS asked and was given per- the incompetents and fund it ade- passage of this bill will do nothing to mission to address the House for 1 quately and appropriately. bring about the safe return of children minute and to revise and extend his re- f like Carlie Brucia, a Sarasota Girl marks.) Scout who was brutally victimized and Mr. PITTS. Mr. Speaker, many of us THANKS TO NASHVILLE murdered by a sexual predator. How- were appalled at the red tape that hin- ORGANIZATIONS ever, it will save other families the dered the Hurricane Katrina relief ef- (Mrs. BLACKBURN asked and was most undeniable anguish of losing a forts. Hundreds of surgeons and para- given permission to address the House child to the most unthinkable acts of medics were stranded in a state-of-the- for 1 minute and to revise and extend violence. art mobile hospital without patients to her remarks.) This bill takes commonsense steps treat, prevented by Louisiana State of- Mrs. BLACKBURN. Mr. Speaker, you toward ensuring sex offenders are not ficials from mobilizing their taxpayer- know some in Washington are choosing free to prey on the most vulnerable

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20176 CONGRESSIONAL RECORD—HOUSE September 14, 2005 members of our society. H.R. 3132 will are doing all they can, and we com- These efforts have been incredibly require States to alert other States mend their efforts. successful. Rome Kares has delivered when sexual offenders seek other loca- As of today, over 7,300 Hurricane gasoline, diapers, water, and bedding to tions. Katrina-displaced students are enrolled hurricane-stricken areas, and furniture There are many, many things that in Georgia public and private schools. supplies and clothing to local evacuees. keep parents awake at night. Passage Georgia students are doing all they can Mr. Speaker, in the aftermath of of this bill should not be one of those. as well. From bake sales to stuffing Hurricane Katrina, we have seen the f backpacks full of supplies, students are best of America; and Rome Kares is a helping their new friends and peers by model of this generosity and compas- THE ROAD TO DEMOCRACY IN opening their hearts and homes. sion. I ask that you join me in thank- AFGHANISTAN Through times of crisis come times ing Rome Kares. (Mr. WILSON of South Carolina of opportunity, Georgians have seized asked and was given permission to ad- that opportunity to help, and we are f dress the House for 1 minute and to re- all grateful for their kindness and their vise and extend his remarks.) generosity. IN SUPPORT OF JUDGE ROBERTS Mr. WILSON of South Carolina. Mr. f (Mr. BARRETT of South Carolina Speaker, in spite of great challenges, PROGRESS IN NEW ORLEANS asked and was given permission to ad- the Afghan people continue to make dress the House for 1 minute.) tremendous progress in creating a (Mr. STEARNS asked and was given Mr. BARRETT of South Carolina. hopeful future for their families and permission to address the House for 1 Mr. Speaker, I rise today to voice my minute and to revise and extend his re- their country. strong support for President Bush’s marks.) On Sunday, Afghans will go to the nominee for Chief Justice, Judge John Mr. STEARNS. Mr. Speaker, there is polls to choose parliamentary can- progress in New Orleans. The Port of Roberts, Jr., who started his confirma- didates who will represent their views New Orleans received its first ship- tion hearings in the Senate this week. and reinforce their nation’s status as a ment, and more people are back in the Fortunately, Judge Roberts has been growing democracy. Preparations are area for brief visits to assess the dam- applauded through editorial boards being made to ensure that the upcom- age to their homes. In areas that were throughout the Nation, including some ing election is fair and accessible to all not flooded or the flood waters have papers in my State. In fact, the Green- citizens of Afghanistan. begun to recede, citizens and crews ville News said: ‘‘It is fitting that Since many people in the country are began the clean-up process. Rehnquist’s brilliant law clerk, Judge illiterate, the ballots will list can- The Governor’s office reported that Roberts, a man seemingly cut from the didates names, photographs, personal 16 of the region’s 25 wastewater treat- same judicial cloth, was nominated symbols, and numbers to ensure that ment plants are now operational. And Monday by President Bush to become Afghans from all walks of life have the the New Orleans airport reopened for the Nation’s 17th Chief Justice, and a opportunity to participate in the elec- cargo planes just last week. Although man of integrity and fairness.’’ tion. service will be extremely limited, the Mr. Speaker, Judge Roberts is the After witnessing the tremendous suc- airport reopened to commercial traffic kind of judge this country needs. He cess of Iraq’s elections, I am confident this week. will apply the law as written and de- that the people of Afghanistan will also In the wake of such a crippling dis- cide each case on its merits regardless turn out overwhelmingly to cast their aster, we are already seeing promising of his political views. Republicans and ballots. indicators of recovery for the city of Democrats alike have acknowledged They are committed to democracy New Orleans. Our thoughts and prayers Judge Roberts’ outstanding career. and confident in their vision for their are still with the people of the Gulf re- Democratic lawyers Lloyd Cutler and nation, which protects American fami- gion, and we in Congress will continue Seth Waxman and former Republican lies. to work to ensure that New Orleans House Counsel C. Boyden Gray have In conclusion, God bless our troops, and the Gulf Coast continue to move cited his unquestioned integrity and and we will never forget September 11. towards a full recovery. fair-mindedness in praising him. Judge Roberts is the right man for f f HURRICANE KATRINA the job, and I strongly support his PRAISING ROME KARES speedy confirmation. (Mr. PRICE of Georgia asked and was (Mr. GINGREY asked and was given given permission to address the House permission to address the House for 1 f for 1 minute.) minute and to revise and extend his re- b 1030 Mr. PRICE of Georgia. Mr. Speaker, marks.) Hurricane Katrina has devastated the Mr. GINGREY. Mr. Speaker, I rise EXTRAORDINARY COAST GUARD Gulf Coast unlike anything we have today to praise an organization in my ever seen. The television cameras and district, Georgia 11, that has done a (Mr. KINGSTON asked and was given newspaper pictures can only give us a phenomenal job of delivering food, permission to address the House for 1 glimpse of the devastation. clothing, housing supplies, and even minute and to revise and extend his re- Recovery efforts will take time and employment to the victims of Hurri- marks.) resources, and many have opened their cane Katrina. Mr. KINGSTON. Mr. Speaker, there homes and their hearts and their wal- Rome Kares is a model of coordinated are so many success stories that are lets to those who have lost so much. community response. The group has going on around Katrina and yet we al- And I am so very proud my home State aided more than 100 families who have ways dwell on things that are not so of Georgia has stepped up to the plate temporarily relocated to Rome, Geor- successful, but I want to talk about the to help those in need. gia, and Floyd County from Louisiana Coast Guard and some of the great Everyone is doing their part. Many and Mississippi. things that the United States Coast Georgia companies like Coca-Cola and Rome Kares is a group that distrib- Guard has done in the Gulf area. UPS and Home Depot have given mil- utes an electronic newsletter detailing They have rescued 33,000 lives and lions, million in aid to relief organiza- the items that relocated families need evacuated another 9,400 from local hos- tions. and acts as a clearinghouse for organi- pitals. They delivered tons of food and But today I would like to recognize zations and individuals looking for water to survivors. They have re- the hard work and dedication of some ways to help. Above all, Rome Kares sponded to over 650 spills of oil, gas and others, the students, the teachers and helps evacuees get set up and settled in other hazardous material. They have the schools of Georgia. Georgia schools their new adopted community. repaired and replaced several hundred

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20177 aids to navigation to get ports and wa- The Clerk read as follows: ‘‘(ii) not later than 9:00 a.m. Central Time terways reopened to oil, gas and com- H.R. 3408 on each reporting day, report information re- garding all barrows and gilts slaughtered, merce. They brought in over 3,300 serv- Be it enacted by the Senate and House of Rep- icemen and women and called up an- during the prior business day of the packer. resentatives of the United States of America in ‘‘(C) INFORMATION REQUIRED.—The informa- other 800 reservists to undertake re- Congress assembled, tion from the prior business day of a packer sponse operations. And they have SECTION 1. EXTENSION. required under this paragraph shall include— moved over 75 aircraft, 25 cutters, 110 (a) IN GENERAL.—Chapter 5 of subtitle B of ‘‘(i) all purchase data, including— small boats into the disaster area to the Agricultural Marketing Act of 1946 (7 ‘‘(I) the total number of— execute and search and rescue. U.S.C. 1636 et seq.) is amended by adding at ‘‘(aa) barrows and gilts purchased; and Their environmental cleanup has the end the following new section: ‘‘(bb) barrows and gilts scheduled for deliv- been probably the first that has taken ‘‘SEC. 260. TERMINATION OF AUTHORITY. ery; and ‘‘(II) the base price and purchase data for ‘‘The authority provided by this subtitle place of any government agency. I slaughtered barrows and gilts for which a terminates on September 30, 2010.’’. commend the United States Coast price has been established; (b) CONFORMING AMENDMENT AND EXTEN- Guard and wish them the best. Keep up ‘‘(ii) all slaughter data for the total num- SION.— Section 942 of the Livestock Manda- ber of barrows and gilts slaughtered, includ- the good work. tory Reporting Act of 1999 (7 U.S.C. 1635 note; ing— f Public Law 106–78) is amended by striking ‘‘(I) information concerning the net price, ‘‘terminate on September 30, 2005’’ and in- TEXANS MAKE AMERICA GREAT which shall be equal to the total amount serting ‘‘(other than section 911 of subtitle A (Mr. SAM JOHNSON of Texas asked paid by a packer to a producer (including all and the amendments made by that section) premiums, less all discounts) per hundred and was given permission to address terminate on September 30, 2010’’. pounds of carcass weight of barrows and gilts the House for 1 minute and to revise SEC. 2. DEFINITIONS. delivered at the plant— and extend his remarks.) (a) BASE MARKET HOGS.—Section 231(4) of ‘‘(aa) including any sum deducted from the Mr. SAM JOHNSON of Texas. Mr. the Agricultural Marketing Act of 1946 (7 price per hundredweight paid to a producer Speaker, I rise to praise the people of U.S.C. 1635i(4)) is amended to read as follows: that reflects the repayment of a balance Texas who have gone to great lengths ‘‘(4) BASE MARKET HOG.—The term ‘base owed by the producer to the packer or the to assist those devastated by Hurricane market hog’ means a barrow or gilt for accumulation of a balance to later be repaid which no discounts are subtracted from and by the packer to the producer; and Katrina. In my Third District alone, no premiums are added to the base price.’’. ‘‘(bb) excluding any sum earlier paid to a there are shining examples of selfless- (b) BOARS.—Section 231(5) of such Act (7 producer that must later be repaid to the ness, sacrifice and service. U.S.C. 1635i(5)) is amended to read as follows: packer; The City of Allen schools have en- ‘‘(5) BOAR.—The term ‘boar’ means a sexu- ‘‘(II) information concerning the average rolled over 100 evacuees. Plano has en- ally-intact male swine.’’. net price, which shall be equal to the rolled over 500. And in Wylie, a volun- (c) PACKER OF SOWS AND BOARS.—Section quotient (stated per hundred pounds of car- teer in a shelter helped a 15-year-old 231(12) of such Act (7 U.S.C. 1635i(12)) is cass weight of barrows and gilts) obtained by dividing— evacuee separated from his family find amended by— (1) striking subparagraph (B) and inserting ‘‘(aa) the total amount paid for the bar- them in Houston; and then more volun- the following new subparagraph: rows and gilts slaughtered at a packing plant teers drove him down there. ‘‘(B) for any calendar year, the term in- during the applicable reporting period, in- In McKinney, volunteers turned an cludes only— cluding all premiums and discounts, and in- old Wal-Mart into a shelter for 300 peo- ‘‘(i) a swine processing plant that slaugh- cluding any sum deducted from the price per ple, and within 48 hours they added tered an average of at least 100,000 swine per hundredweight paid to a producer that re- showers, decorated play areas, created year during the immediately preceding five flects the repayment of a balance owed by calendar years; and the producer to the packer, or the accumula- medical facilities, and even made tion of a balance to later be repaid by the Internet connections. One sign said it ‘‘(ii) a person that slaughtered an average of at least 200,000 sows, boars, or any com- packer to the producer, less all discounts; by best, ‘‘Howdy. Welcome to Texas, bination thereof, per year during the imme- ‘‘(bb) the total carcass weight (in hundred y’all.’’ diately preceding five calendar years; and’’; pound increments) of the barrows and gilts; For these people who have volun- and ‘‘(III) information concerning the lowest teered their time, money and talents, (2) in subparagraph (C)— net price, which shall be equal to the lowest God bless you and God bless America. (A) by inserting ‘‘or person’’ after ‘‘swine net price paid for a single lot or a group of It is people like these who make processing plant’’; barrows or gilts slaughtered at a packing (B) by inserting ‘‘or person’’ after ‘‘plant plant during the applicable reporting period Texas and America great. I salute all of per hundred pounds of carcass weight of bar- America. capacity of the processing plant’’; and (C) by inserting ‘‘or person’’ after ‘‘deter- rows and gilts; f mining whether the processing plant’’. ‘‘(IV) information concerning the highest net price, which shall be equal to the highest ANNOUNCEMENT BY THE SPEAKER SEC. 3. REPORTING; BARROWS AND GILTS. net price paid for a single lot or group of bar- PRO TEMPORE Section 232(c) of the Agricultural Mar- rows or gilts slaughtered at a packing plant keting Act of 1946 (7 U.S.C. 1635j(c)) is The SPEAKER pro tempore (Mr. during the applicable reporting period per amended to read as follows: hundred pounds of carcass weight of barrows FOLEY). Pursuant to clause 8 of rule ‘‘(c) DAILY REPORTING; BARROWS AND and gilts; XX, the Chair will postpone further GILTS.— ‘‘(V) the average carcass weight, which proceedings today on motions to sus- ‘‘(1) PRIOR DAY REPORT.— shall be equal to the quotient obtained by di- pend the rules on which a recorded vote ‘‘(A) IN GENERAL.—The corporate officers viding— or the yeas and nays are ordered, or on or officially designated representatives of ‘‘(aa) the total carcass weight of the bar- which the vote is objected to under each packer processing plant that processes rows and gilts slaughtered at the packing clause 6 of rule XX. barrows or gilts shall report to the Sec- plant during the applicable reporting period, retary, for each business day of the packer, Record votes on postponed questions by such information as the Secretary deter- ‘‘(bb) the number of the barrows and gilts will be taken later today. mines necessary and appropriate to— described in item (aa), f ‘‘(i) comply with the publication require- adjusted for special slaughter situations ments of this section; and (such as skinning or foot removal), as the REAUTHORIZING THE LIVESTOCK ‘‘(ii) provide for the timely access to the Secretary determines necessary to render MANDATORY REPORTING ACT OF information by producers, packers, and other comparable carcass weights; 1999 market participants. ‘‘(VI) the average sort loss, which shall be Mr. GOODLATTE. Mr. Speaker, I ‘‘(B) REPORTING DEADLINE AND PLANTS RE- equal to the average discount (in dollars per move to suspend the rules and pass the QUIRED TO REPORT.—A packer required to re- hundred pounds carcass weight) for barrows port under subparagraph (A) shall— and gilts slaughtered during the applicable bill (H.R. 3408) to reauthorize the Live- ‘‘(i) not later than 7:00 a.m. Central Time reporting period, resulting from the fact that stock Mandatory Reporting Act of 1999 on each reporting day, report information re- the barrows and gilts did not fall within the and to amend the swine reporting pro- garding all barrows and gilts purchased or individual packer’s established carcass visions of that Act, as amended. priced, and weight or lot variation range;

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20178 CONGRESSIONAL RECORD—HOUSE September 14, 2005 ‘‘(VII) the average backfat, which shall be that time of the reporting day, unless such ‘‘(F) the average price paid for sows in each equal to the average of the backfat thickness information is unavailable due to pricing weight class specified by the Secretary under (in inches) measured between the third and that is determined on a delayed basis. subparagraph (A); fourth from the last ribs, 7 centimeters from ‘‘(B) PUBLICATION.—The Secretary shall ‘‘(G) the average price paid for boars in the carcass split (or adjusted from the indi- publish the information obtained under this each weight class specified by the Secretary vidual packer’s measurement to that ref- paragraph in the morning report as soon as under subparagraph (A); erence point using an adjustment made by practicable, but not later than 11:00 a.m. ‘‘(H) the number of sows and the number of the Secretary) of the barrows and gilts Central Time, on each reporting day. boars for which prices are determined, by slaughtered during the applicable reporting ‘‘(3) AFTERNOON REPORT.— each type of purchase; period; ‘‘(A) IN GENERAL.—The corporate officers ‘‘(I) the average prices for sows and the av- ‘‘(VIII) the average lean percentage, which or officially designated representatives of erage prices for boars for which prices are de- shall be equal to the average percentage of each packer processing plant that processes termined, by each type of purchase; and the carcass weight comprised of lean meat barrows or gilts shall report to the Secretary ‘‘(J) such other information as the Sec- for the barrows and gilts slaughtered during not later than 2:00 p.m. Central Time each retary considers appropriate to carry out the applicable reporting period, except that reporting day— this subsection. when a packer is required to report the aver- ‘‘(i) the packer’s best estimate of the total ‘‘(4) PRICE CALCULATIONS WITHOUT PACKER- age lean percentage under this subclause, the number of barrows and gilts, and barrows OWNED SWINE.—A packer shall omit the packer shall make available to the Secretary and gilts that qualify as packer-owned swine, prices of sows and boars that qualify as the underlying data, applicable methodology expected to be purchased throughout the re- packer-owned swine from all average price and formulae, and supporting materials used porting day through each type of purchase; calculations, price range calculations, and to determine the average lean percentage, ‘‘(ii) the total number of barrows and gilts, reports required by this subsection. which the Secretary may convert to the car- and barrows and gilts that qualify as packer- ‘‘(5) REPORTING EXCEPTION: PUBLIC AUCTION cass measurements or lean percentage of the owned swine, purchased up to that time of PURCHASES.—The information required to be barrows and gilts of the individual packer to the reporting day through each type of pur- reported under this subsection shall not in- correlate to a common percent lean meas- chase; clude purchases of sows or boars made by urement; and ‘‘(iii) the base price paid for all base mar- agents of the reporting packer at a public ‘‘(IX) the total slaughter quantity, which ket hogs purchased up to that time of the re- auction at which the title of the sows and shall be equal to the total number of barrows porting day through negotiated purchases; boars is transferred directly from the pro- and gilts slaughtered during the applicable and ducer to such packer. reporting period, including all types of pur- ‘‘(iv) the base price paid for all base mar- ‘‘(6) PUBLICATION.—The Secretary shall chases and barrows and gilts that qualify as ket hogs purchased up to that time of the re- publish the information obtained under this packer-owned swine; and porting day through each type of purchase paragraph in a prior day report not later ‘‘(iii) packer purchase commitments, other than negotiated purchase, unless such than 11:00 a.m. Central Time on the report- which shall be equal to the number of bar- information is unavailable due to pricing ing day on which the information is received rows and gilts scheduled for delivery to a that is determined on a delayed basis. from the packer. packer for slaughter for each of the next 14 ‘‘(B) PUBLICATION.—The Secretary shall ‘‘(7) ELECTRONIC SUBMISSION OF INFORMA- calendar days. publish the information obtained under this TION.—The Secretary of Agriculture shall ‘‘(D) PUBLICATION.— paragraph in the afternoon report as soon as provide for the electronic submission of any ‘‘(i) IN GENERAL.—The Secretary shall pub- practicable, but not later than 3:00 p.m. Cen- information required to be reported under lish the information obtained under this tral Time, on each reporting day.’’. this subsection through an Internet website paragraph in a prior day report— or equivalent electronic means maintained SEC. 4. REPORTING; SOWS AND BOARS. ‘‘(I) in the case of information regarding by the Department of Agriculture.’’. barrows and gilts purchased or priced, not Section 232 of the Agricultural Marketing later than 8:00 a.m. Central Time, and Act of 1946 (7 U.S.C. 1635j) is amended by— The SPEAKER pro tempore. Pursu- ‘‘(II) in the case of information regarding (1) redesignating subsection (d) as sub- ant to the rule, the gentleman from barrows and gilts slaughtered, not later than section (e); and Virginia (Mr. GOODLATTE) and the gen- 10:00 a.m. Central time, (2) inserting after subsection (c) the fol- tleman from Minnesota (Mr. PETERSON) on the reporting day on which the informa- lowing new subsection: each will control 20 minutes. tion is received from the packer. ‘‘(d) DAILY REPORTING; SOWS AND BOARS.— The Chair recognizes the gentleman ‘‘(ii) PRICE DISTRIBUTIONS.—The informa- ‘‘(1) PRIOR DAY REPORT.—The corporate of- from Virginia (Mr. GOODLATTE). tion published by the Secretary under clause ficers or officially designated representatives Mr. GOODLATTE. Mr. Speaker, I (i) shall include a distribution of net prices of each packer of sows and boars shall report yield myself such time as I may con- in the range between and including the low- to the Secretary, for each business day of the est net price and the highest net price re- packer, such information reported by hog sume. ported. The publication shall include a delin- class as the Secretary determines necessary Mr. Speaker, I rise today in support eation of the number of barrows and gilts at and appropriate to— of H.R. 3408, a bill to reauthorize the each reported price level or, at the option of ‘‘(A) comply with the publication require- Livestock Mandatory Reporting Act of the Secretary, the number of barrows and ments of this section; and 1999. gilts within each of a series of reasonable ‘‘(B) provide for the timely access to the Mr. Speaker, when the Congress con- price bands within the range of prices. information by producers, packers, and other sidered this legislation in 1999, its in- ‘‘(2) MORNING REPORT.— market participants. tent was to improve the livestock mar- ‘‘(A) IN GENERAL.—The corporate officers ‘‘(2) REPORTING.—Not later than 9:30 a.m. or officially designated representatives of Central Time, or such other time as the Sec- ket news reporting system so that each packer processing plant that processes retary considers appropriate, on each report- farmers and ranchers, particularly barrows or gilts shall report to the Secretary ing day, a packer required to report under those that rely on cash market sales, not later than 10:00 a.m. Central Time each paragraph (1) shall report information re- could enjoy improved market trans- reporting day— garding all sows and boars purchased or parency and better price discovery. ‘‘(i) the packer’s best estimate of the total priced during the prior business day of the In particular, the Act provided the number of barrows and gilts, and barrows packer. USDA with the authority to collect and gilts that qualify as packer-owned swine, ‘‘(3) INFORMATION REQUIRED.—The informa- and disseminate information that can expected to be purchased throughout the re- tion from the prior business day of a packer porting day through each type of purchase; required under this subsection shall include be readily understood by livestock pro- ‘‘(ii) the total number of barrows and gilts, all purchase data, including— ducers, packers, and other partici- and barrows and gilts that qualify as packer- ‘‘(A) the total number of sows purchased pants, including information with re- owned swine, purchased up to that time of and the total number of boars purchased, spect to pricing, contract for purchase, the reporting day through each type of pur- each divided into at least three reasonable and supply and demand conditions for chase; and meaningful weight classes specified by livestock, livestock production, and ‘‘(iii) the base price paid for all base mar- the Secretary; livestock products. ket hogs purchased up to that time of the re- ‘‘(B) the number of sows that qualify as The legislation enacted in 1999 was porting day through negotiated purchases; packer-owned swine; and ‘‘(C) the number of boars that qualify as the product of extensive discussion be- ‘‘(iv) the base price paid for all base mar- packer-owned swine; tween livestock producers and packers. ket hogs purchased through each type of pur- ‘‘(D) the average price paid for all sows; We relied on this process partly be- chase other than negotiated purchase up to ‘‘(E) the average price paid for all boars; cause it was such a technical issue, but

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20179 mostly we wanted to avoid the situa- The legislation we consider today im- ing the first time a major American city has tion where segments of the industry proves the quality and quantity of in- been completely evacuated; were divided against each other. After formation, making the process more Whereas the number of individuals killed considerable give and take, the final accurate and more efficient. The 5-year by Hurricane Katrina is estimated to be in the hundreds; product was agreed on by all partici- reauthorization is important and Whereas the damage to human life and the pants. should be completed as soon as pos- fabric of families torn apart by Hurricane As the time for reauthorization sible. It is important that we complete Katrina is inestimable; neared, producers and packers engaged this task so we can avoid the gap in re- Whereas Hurricane Katrina has inflicted again in a dialogue to develop a con- porting that occurred last year. enormous damage to homes and businesses sensus proposal for reauthorization. I am pleased to support this bill with along the Gulf Coast, with damage estimates H.R. 3408 is the product of this hard the gentleman from Virginia (Mr. in the hundreds of billions of dollars; Whereas Hurricane Katrina left an esti- work. The coalition that supports this GOODLATTE) and I urge its passage. mated five million people without power, consensus legislation included the Na- Mr. Speaker, I have no further re- and it may be months before all power is re- tional Pork Producers Council, the quests for time, and I yield back the stored; American Meat Institute, the National balance of my time. Whereas the States of Alabama, Mis- Cattlemen’s Beef Association, the Chi- Mr. GOODLATTE. Mr. Speaker, I sissippi, Louisiana, and Florida have re- cago Mercantile Exchange, the Amer- have no further requests for time, and ceived federal disaster declarations; ican Sheep Industry Association, and I yield back the balance of my time. Whereas Hurricane Katrina ranks among the American Farm Bureau Federa- The SPEAKER pro tempore. The the worst natural disasters in our Nation’s tion. question is on the motion offered by history; This package, as it appears before us Whereas years of intense effort will be re- the gentleman from Virginia (Mr. quired to recover from the devastation today, is a carefully crafted document. GOODLATTE) that the House suspend caused by Hurricane Katrina and to rebuild All of these organizations have agreed the rules and pass the bill, H.R. 3408, as the Gulf Coast; that they will oppose it ‘‘if any amend- amended. Whereas the American people have an in- ment is adopted that does not have the The question was taken; and (two- herent spirit of willpower and strong resil- prior agreement’’ of the coalition. thirds having voted in favor thereof) ience; Mandatory price reporting expires at the rules were suspended and the bill, Whereas the American people have opened the end of September, and this bill re- as amended, was passed. their hearts and their homes to the victims authorizes it for 5 years with minor of Hurricane Katrina, sheltering its victims, A motion to reconsider was laid on providing food and medical assistance, and changes representing the consensus of the table. donating hundreds of millions of dollars to our constituents. f the relief effort; Mr. Speaker, I would like to thank Whereas Louisiana Governor Kathleen my colleague, the ranking member, the GENERAL LEAVE Blanco declared August 31, 2005, to be a day gentleman from Minnesota (Mr. PETER- Mr. GOODLATTE. Mr. Speaker, I ask of prayer in the State of Louisiana, and SON) for working with us on this legis- unanimous consent that all Members asked that all Louisianans take time that lation. I urge my colleagues to support day to pray for the victims of Hurricane may have 5 legislative days within Katrina and their rescuers; and the bill. which to revise and extend their re- Mr. Speaker, I reserve the balance of Whereas President George W. Bush has marks on H.R. 3408. proclaimed September 16, 2005, to be a Na- my time. The SPEAKER pro tempore. Is there tional Day of Prayer and Remembrance for Mr. PETERSON of Minnesota. Mr. objection to the request of the gen- the Victims of Hurricane Katrina: Now, Speaker, I yield myself such time as I tleman from Virginia? therefore, be it may consume. There was no objection. Resolved by the House of Representatives (the Mr. Speaker, I thank the chairman Senate concurring), That Congress supports for his leadership on this issue. Policy f the goals and ideals of a national day of is always best when we can work to- SUPPORTING A NATIONAL DAY OF prayer and remembrance for the victims of gether in a bipartisan manner to craft Hurricane Katrina and encourages all Ameri- PRAYER AND REMEMBRANCE cans to observe that day. legislation which we have done on this FOR VICTIMS OF HURRICANE The SPEAKER pro tempore. Pursu- piece of legislation and we have legisla- KATRINA tion that addresses the needs of his ant to the rule, the gentlewoman from Ms. GINNY BROWN-WAITE of Flor- stakeholders. I think we have accom- Florida (Ms. GINNY BROWN-WAITE) and ida. Mr. Speaker, I move to suspend the plished that today with the reauthor- the gentleman from Illinois (Mr. rules and agree to the concurrent reso- ization of the mandatory price report- DAVIS) each will control 20 minutes. lution (H. Con. Res. 240) supporting the ing law. The Chair recognizes the gentle- goals and ideals of a national day of I think it should be noted that when woman from Florida (Ms. GINNY prayer and remembrance for the vic- this was first put together and consid- BROWN-WAITE). tims of Hurricane Katrina and encour- ered back in 1999, it was somewhat con- GENERAL LEAVE aging all Americans to observe that troversial and there were some groups Ms. GINNY BROWN-WAITE of Flor- day. that were opposed to it. And to show ida. Mr. Speaker, I ask unanimous con- The Clerk read as follows: you kind of what has happened this sent that all Members may have 5 leg- time, the groups that were concerned H. CON. RES. 240 islative days within which to revise back then support this law and support Whereas on August 25, 2005, Hurricane and extend their remarks and include this reauthorization. Katrina made landfall on the southeast tip of extraneous material on H. Con. Res. Originally, it was balanced to address Florida as a Category 1 hurricane; 240. Whereas Hurricane Katrina moved into the the concerns of the livestock producers Gulf of Mexico, rapidly intensifying to a Cat- The SPEAKER pro tempore. Is there with price transparency, and manda- egory 5 hurricane and, on August 29, 2005, objection to the request of the gentle- tory price reporting I think has served made landfall on the Gulf coast as a Cat- woman from Florida? the industry well. Mandatory price re- egory 4 hurricane with 140 mile-per-hour There was no objection. porting is a necessary tool to ensure winds, devastating communities and towns Ms. GINNY BROWN-WAITE of Flor- that our producers have a transparent in Alabama, Mississippi, and Louisiana; ida. Mr. Speaker, I yield myself such market atmosphere. As the structure Whereas the levees protecting the city of time as I may consume. of our livestock production systems New Orleans, Louisiana from Lake Pont- Mr. Speaker, I rise in very strong chartrain failed, causing heavy flooding in continue to change, it is necessary to the city and inflicting incredible human and support of House Concurrent Resolu- preserve the safety net that guarantees material damage; tion 240. This resolution expresses the our producers are receiving fair prices Whereas Hurricane Katrina caused the solidarity of the House of Representa- for their livestock. evacuation of the city of New Orleans, mark- tives with the people of the Gulf Coast

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20180 CONGRESSIONAL RECORD—HOUSE September 14, 2005 whose lives have been lost, uprooted, volunteers and others. Their seemingly Katrina has resulted in economic losses and otherwise changed forever because endless work has been in full gear for that include property damage to of Hurricane Katrina. more than 2 weeks now, and we are all homes, cars, ports, refineries, and pub- On August 29, Hurricane Katrina indebted to them for coming to the res- lic property. It is estimated that Hurri- slammed into Louisiana as a Category cue of our Gulf Coast neighbors. cane Katrina has cost at least $125 bil- 4 hurricane. It left almost the entire Mr. Speaker, September 11, the Octo- lion in economic damage and could city of New Orleans under water and ber 2003 wildfires, the hurricanes in cost the insurance industry up to $60 ravaged numerous other Gulf Coast Florida last summer, and now Hurri- billion in claims. No dollar figure, how- communities. Hundreds of people were cane Katrina, these tragic events in ever, can be placed on the pain and suf- killed and millions forced to evacuate this country have all had similar re- fering Katrina has wrought on those for an indefinite period of time. markable silver linings, and that is who stood in her path. Katrina was one of the most destruc- each brought out the best in the Amer- The American people and the inter- tive natural disasters that the United ican people. Americans are an incred- national community have responded States has ever endured. The entire Na- ibly compassionate people, and they overwhelmingly to this tragedy. They tion has been grieving for more than 2 have and will do anything to help their are donating money, lending their weeks. neighbors. time, sharing expertise, making many President Bush proclaimed this Fri- In recent days, there has been a co- innumerable sacrifices of their own in day, September 16, to be a national day lossal outpouring of benevolence and order to be helpful. of prayer and remembrance for the vic- aid from citizens across this great land. On August 31, 2005, Governor Kath- tims of Hurricane Katrina. On behalf of The citizens of the Gulf Coast region leen Blanco declared a day of prayer in all Members, I commend the President have desperately needed this support. Louisiana and asked that all for this proclamation and urge all But our Louisiana, Mississippi, and Louisianans pray for the victims and Americans to keep the victims of this Alabama neighbors continue to need their rescuers that day. On September storm in their prayers. much more aid as so many lost their 16, 2005, the National Day of Prayer As a Floridian, I can particularly homes, their jobs, their precious be- will be observed in recognition of the empathize with the people of the Gulf longings, and even their loved ones. many lives lost and the countless lives Coast. First, it is important to remem- Mr. Speaker, I know my distin- forever changed by Hurricane Katrina. ber that before the hurricane gained guished colleagues will support this Mr. Speaker, I am so proud of the power and hit Louisiana, Mississippi, resolution, and I commend the sponsor. way in which my own State, the Land and Alabama, Katrina also struck I urge Americans to observe the Na- of Lincoln, the State of Illinois, re- south Florida as a Category 1 storm on tional Day of Prayer and Remembrance acted to this tragedy. I take this op- August 25, killing 11 people. And last for Hurricane Katrina victims on Fri- portunity to commend the Governor summer, in just over a one-month pe- day. for opening the doors of the State, the riod, three devastating hurricanes, Finally, Mr. Speaker, I want to as- county board president for extending Charley, Frances and Ivan, destroyed sure the people of North and South physicians and nurses and other per- neighborhoods, churches, businesses Carolina that they, too, have our pray- sonnel to the affected areas, to the and communities throughout the State ers as they brace for Hurricane Ophelia mayor of our city and especially to the of Florida. These storms killed nearly making landfall today. people of my congressional district and 100 people and caused billions and bil- Mr. Speaker, I reserve the balance of all over the country who have given lions of dollars in damage. my time. continuously in order to show that Hurricane Katrina has proved to be Mr. DAVIS of Illinois. Mr. Speaker, I they, too, experienced the same devas- even more costly, and that is why I yield myself such time as I may con- tation and that their hearts, their know I speak for all Americans when I sume. minds and their resources go out to the say that we stand shoulder to shoulder Mr. Speaker, Hurricane Katrina first victims. with the victims of this once-in-a-life- made landfall on August 25, 2005, on the I would urge all of us to support a time storm. southeastern tip of Florida as a Cat- day of prayer. Mr. Speaker, the Committee on Gov- egory 1 hurricane. Hurricane Katrina Mr. Speaker, I yield such time as he ernment Reform, of which I am very then moved into the Gulf of Mexico and may consume to the gentleman from proud to be a member, will hold its steadily made her way towards the Kansas City, Missouri (Mr. CLEAVER). first oversight hearing on the Federal Gulf Coast, intensifying to a Category Mr. CLEAVER. Mr. Speaker, I thank government’s overall response to 5 storm. my friend from Illinois for yielding me Katrina tomorrow morning. The com- On August 29, 2005, the hurricane was the time. mittee, led by our very distinguished a Category 4 storm which sustained Mr. Speaker, the devastation chairman, the gentleman from Virginia winds of 140 miles per hour and a storm wrought by Hurricane Katrina is al- (Mr. TOM DAVIS), seeks to gauge the ef- surge over 20 feet when she devastated most unfathomable. Hundreds of lives ficacy of the hurricane preparation and the Gulf Coast. have been lost; families have been torn recovery effort, determine what lessons apart; people’s homes, jobs, possessions our government has learned, and evalu- b 1045 and everything they have built up over ate the preparedness of other major Hurricane Katrina swept along the their entire lives has been swept away; U.S. cities to cope with disasters of all coasts of Alabama, Mississippi, Florida billions of dollars in damage has been types in the future. and Louisiana, leaving a path of de- inflicted; and the coast along the This Congress is overwhelmed with struction in her wake. Two of the lev- States of Louisiana, Mississippi, Ala- grief as a result of Katrina, and all ees that protect the city of New Orle- bama and Florida has been flattened Members are resolved to do everything ans from the waters of Lake Pont- and flooded. New Orleans, the Big possible to help to provide the nec- chartrain gave way under the enor- Easy, the Crescent City, the culinary essary support to authorities and vol- mous pressure of the flood waters that capital of the Nation, has simply be- unteers who are working to rebuild Katrina left behind. come an extension of Lake Pont- this area. Overnight, much of the city of New chartrain. It is now clear that Hurri- Mr. Speaker, as we mourn the souls Orleans was filled with water. Many cane Katrina is one of the worst nat- we lost to the incredible force of nature residents of the Crescent City, who had ural disasters to ever hit America. that was Hurricane Katrina, we are thought the worst was over, were con- My son Evan graduated in May from compelled to recognize the back- fronted by nearly 25 feet of water in Dillard University in New Orleans and breaking, selfless, life-preserving work the streets and in their homes. was still there when Katrina struck, of the altruistic military and law en- One of the worst natural disasters in and I thank God that he escaped with forcement personnel, relief workers, United States history, Hurricane his life; but like so many others, he

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20181 lost most of his possessions when I hope my colleagues will all join me ment under the five-minute rule the amend- Katrina pulled back the roof of the in the support of this resolution and ment in the nature of a substitute rec- apartment building where he lived. will join me in prayer, along with the ommended by the Committee on the Judici- Having now been separated from his President, at the National Cathedral ary now printed in the bill. The committee amendment in the nature of a substitute friends, his work and his adopted city, this Friday and join the American peo- shall be considered by title rather than by his life will never be the same. ple to remember all those affected by section. Each title shall be considered as Although he lost almost everything, the devastating events of the past 2 read. Notwithstanding clause 11 of rule he was able to retrieve his video cam- weeks. XVIII, no amendment to the committee era and was able to record what is now Mr. DAVIS of Illinois. Mr. Speaker, I amendment in the nature of a substitute left of New Orleans. He shared that yield myself such time as I may con- shall be in order except those printed in the video with his mother and me this past sume. portion of the Congressional Record des- week; and although I cannot fathom Let me just state that I agree whole- ignated for that purpose in clause 8 of rule XVIII and except pro forma amendments for what it is like for those who have expe- heartedly with the gentleman from the purpose of debate. Each amendment so rienced Katrina’s wrath firsthand, I Missouri (Mr. CLEAVER) that prayer is printed may be offered only by the Member can tell my colleagues that I was deep- the highest form of human communica- who caused it to be printed or his designee ly, deeply saddened and affected by the tion; that it has a way of making and shall be considered as read. At the con- images of utter devastation wrought by things different. So I would simply clusion of consideration of the bill for the storm. urge passage of this resolution and amendment the Committee shall rise and re- Seeing that video reinforced my re- thank him for its introduction. port the bill to the House with such amend- solve to help Katrina’s victims, help re- Mr. Speaker, I yield back the balance ments as may have been adopted. Any Mem- build the Gulf Coast; and it reinforced of my time. ber may demand a separate vote in the House on any amendment adopted in the in my mind that there is an incredible Ms. GINNY BROWN-WAITE of Flor- Committee of the Whole to the bill or to the need for prayer. That is why I decided ida. Mr. Speaker, I yield myself such committee amendment in the nature of a to introduce this resolution for a na- time as I may consume. substitute. The previous question shall be tional day of prayer and remembrance. Mr. Speaker, regardless of what de- considered as ordered on the bill and amend- Many in our Nation believe, as do I, nomination one belongs to, we all ments thereto to final passage without inter- that prayer changes things and that it know the power of prayer; and that is vening motion except one motion to recom- represents the highest level of human one reason why I am sure that my col- mit with or without instructions. communication. As many of us now leagues will join me in supporting the The SPEAKER pro tempore. The gen- know, this Friday, September 16, has National Day of Prayer for Hurricane tleman from Georgia (Mr. GINGREY) is been designated as a day of prayer and Katrina victims. recognized for 1 hour. remembrance for the victims of Hurri- Mr. Speaker, I yield back the balance Mr. GINGREY. Mr. Speaker, for the cane Katrina; and my resolution, the of my time. purpose of debate only, I yield the cus- resolution we are currently consid- The SPEAKER pro tempore (Mr. tomary 30 minutes to the gentlewoman ering, expresses the support of Con- FOLEY). The question is on the motion from California (Ms. MATSUI), pending gress for such a day and urges all offered by the gentlewoman from Flor- which I yield myself such time as I Americans to join together this Friday ida (Ms. GINNY BROWN-WAITE) that the may consume. During consideration of to remember those that have lost their House suspend the rules and agree to this resolution, all time yielded is for lives and to ask for strength and deter- the concurrent resolution, H. Con. Res. the purpose of debate only. mination for those that are trying to 240. Mr. Speaker, House Resolution 436 is rebuild their lives and their city. The question was taken; and (two- a modified open rule that provides 1 In the wake of tragedy, the American thirds having voted in favor thereof) hour of general debate equally divided people have always stepped up to sup- the rules were suspended and the con- and controlled by the chairman and port their fellow man and woman, and current resolution was agreed to. ranking minority member of the Com- Hurricane Katrina is no different. The A motion to reconsider was laid on mittee on the Judiciary. It waives all American people have opened their the table. points of order against consideration of hearts, their checkbooks and even f the bill. This rule provides that the amendment in the nature of a sub- their homes in sheltering the storm’s PROVIDING FOR CONSIDERATION stitute recommended by the Com- victims, providing food and medical as- OF H.R. 3132, CHILDREN’S SAFE- mittee on the Judiciary now printed in sistance, and donating hundreds of mil- TY ACT OF 2005 lions of dollars to the relief effort. the bill shall be considered as an origi- In my home State of Missouri, for ex- Mr. GINGREY. Mr. Speaker, by di- nal bill for the purpose of amendment. ample, Children’s Mercy Hospital of rection of the Committee on Rules, I It provides that the bill shall be consid- Kansas City, Missouri, has opened their call up House Resolution 436 and ask ered for amendment under the 5- doors to a number of young patients for its immediate consideration. minute rule and that it shall be read by and families flown in from New Orleans The Clerk read the resolution, as fol- title. by the Missouri Air National Guard, lows: It makes in order only those amend- and the Red Cross has raised hundreds H. RES. 436 ments to the bill that are preprinted in of thousands of dollars in Kansas City. Resolved, That at any time after adoption the CONGRESSIONAL RECORD or are pro The compassion and generosity of the of this resolution the Speaker may, pursuant forma amendments for the purpose of American people is unparalleled; but as to clause 2(b) of rule XVIII, declare the debate, provides that each amendment House resolved into the Committee of the the devastation and full impact of Hur- printed in the CONGRESSIONAL RECORD Whole House on the state of the Union for may be offered only by the Member ricane Katrina is further understood, consideration of the bill (H.R. 3132) to make its victims and their families will more improvements to the national sex offender who caused it to be printed or a des- than ever need us all to keep them in registration program, and for other purposes. ignee, and that each amendment shall our thoughts and prayers as well. The first reading of the bill shall be dis- be considered as read. It provides one As senior pastor of the St. James pensed with. All points of order against con- motion to recommit with or without United Methodist Church in Kansas sideration of the bill are waived. General de- instructions. City, I have called on my congregation bate shall be confined to the bill and shall Mr. Speaker, I rise today to speak on to support the evacuees with their not exceed one hour equally divided and con- behalf of House Resolution 436 and the time, talent, treasure and prayer. I trolled by the chairman and ranking minor- underlying bill, H.R. 3132, the Chil- ity member of the Committee on the Judici- have asked them to pray for the vic- ary. After general debate the bill shall be dren’s Safety Act of 2005. tims of Hurricane Katrina, their fami- considered for amendment under the five- First, I would like to take this oppor- lies and all those who are aiding in the minute rule. It shall be in order to consider tunity to commend Chairman SENSEN- recovery and relief effort. as an original bill for the purpose of amend- BRENNER for this comprehensive bill

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20182 CONGRESSIONAL RECORD—HOUSE September 14, 2005 addressing the unconscionable atroc- to keep innocent people free and keep monsense legislation. Let us keep sex- ities perpetrated against our children criminals behind bars, where they be- ual predators away from our children, by sexual predators and for his com- long. This bill would also require the off the streets, and serving their time. mittee’s thorough work and committed Attorney General to create a Mr. Speaker, I reserve the balance of devotion to seeing this bill realized. prioritized DNA database focused spe- my time. Mr. Speaker, this fight is not a new cifically on those violent predators Ms. MATSUI. Mr. Speaker, I thank one. The sexual and physical abuse of who would prey on our children. the gentleman from Georgia for yield- our most fragile and defenseless citi- Mr. Speaker, I cannot emphasize ing me this time, and I yield myself zens, our children, is perhaps the most enough that our primary goal must be such time as I may consume. offensive and utterly unconscionable to prevent child abuse and stop these Mr. Speaker, we are here today to act that can be committed. deviants before they get their hands on consider the rule for H.R. 3132, the b 1100 a child and before they destroy a Children’s Safety Act of 2005. This rule child’s fragile life. However, when one has a requirement that all amendments Members on both sides of the aisle of these deviants does harm a child, be preprinted in the CONGRESSIONAL recognize the need to continually find then the full weight of the law should RECORD to be in order for today’s floor new ways to prevent sexual abuse and be upon them. debate. While this rule is less restric- to thoroughly and justly punish those This bill would impose new manda- tive than most rules we report out of who commit these heinous acts. tory minimum penalties for violent the Committee on Rules, I must point The Children’s Safety Act of 2005 crimes committed against children. out that it is not an open rule. It re- would combat the sexual exploitation These mandatory minimums include stricts the debate we will be able to and abuse of our children through the death penalty or life imprisonment have today on this bill by preventing mounting an offensive on numerous when a child is murdered. It imposes a Members from offering any new amend- fronts and through combining various 30-years-to-life imprisonment when the ments. pieces of good, solid legislation into offender kidnaps, maims, commits ag- For example, if a Member came up this one comprehensive bill. The final gravated sexual abuse, or causes seri- product compiles the Sex Offender Reg- with a good idea for an amendment ous bodily harm to a child. Addition- today based upon the discussion, he or istration and Notification Act, the ally, the bill requires a 20-year min- DNA Fingerprinting Act of 2005, the she would not be able to offer it. That imum sentence when the crime of vio- is unfortunate, because the Children’s Prevention and Deterrence of Crimes lence results in a nonserious bodily in- Against Children Act of 2005, the Pro- Safety Act is important legislation jury to a child. Fifteen-years-to-life that aims to protect our children and tection Against Sexual Exploitation of imprisonment is required when the de- Children Act of 2005, and the Foster allow them to grow up unharmed and fendant uses a dangerous weapon, and free from abuse, but it is not perfect. Child Protection Act of 2005. in any other case the minimum penalty This legislation ties the hands of the Mr. Speaker, H.R. 3132 is a common- ranges from a mandatory 10 years to judiciary. We must allow those most sense bill. For too long the laws have life imprisonment. competent, the judge who has presided not fully reflected or reacted to the Additionally, Mr. Speaker, this bill over the case, who has seen and heard changing environment in which our would increase the existing mandatory from the victim, to determine the ap- children are vulnerable. While the Con- penalties for several existing sexual of- propriate punishment. Our judges are stitution always protects the accused fenses, including engaging in a sexual best positioned to hand down sentences and harmed alike, we should not allow act with a child, committing abusive that correspond with the crime com- the law to be procedurally twisted by sexual contact and sexual exploitation mitted. child abusers to keep them on the of a child, trafficking child pornog- streets to harm another child because raphy, and the use of the Internet to Mr. Speaker, it is our responsibility of a technicality or because of insuffi- prey on children. to create laws that protect our chil- cient support for our law enforcement I would also like to add that this bill dren from harm. and communities. places new requirements on our States Mr. Speaker, I have no further re- Mr. Speaker, H.R. 3132 would require to ensure that they perform complete quests for time, and I yield back the that the definition of sex offender be background checks on potential foster balance of my time. expanded to include both felony sex of- and adoptive parents, and grants rel- Mr. GINGREY. Mr. Speaker, I yield fenses and misdemeanor sex offenses. evant State agencies access to national such time as she may consume to the Additionally, this bill would make the criminal history databases. Our State gentlewoman from Florida (Ms. GINNY possession of child pornography a trig- and local governments should never, BROWN-WAITE), who has been extremely gering offense for registration and no- let me repeat, never deliver a child active in the crafting of this legisla- tification requirements. into the hands of a sexual predator. tion. Her bill, which she will talk Another important provision of this The Children’s Safety Act also ad- about, is actually included in this over- bill would require a State to maintain dresses the growing problem of kidnap- all comprehensive bill. And she knows a statewide Internet site to provide ping and sex trafficking. The traf- well, if not better than all of us, about thorough and current information ficking of children is a problem not these matters because some of these about sex offenders. This information just here in the United States but glob- heinous acts occurred within the last would include the current location of ally, and this bill will increase the pen- year in her great State of Florida. the sex offender, the facts underlying alties for sex trafficking of children. Ms. GINNY BROWN-WAITE of Flor- the offender’s conviction, any vehicles We have to root these thugs out and ida. Mr. Speaker, I thank the gen- owned or used by the offender, a pic- shut down their operations. Sexual tleman from Georgia for yielding me ture and other up-to-date information abuse of children must be stopped at this time. to keep communities informed and give all levels and in all degrees. From the As the person who represents the them every possible piece of informa- lone abuses to a network of criminals area that Jessica Lunsford grew up in tion available to assess the potential peddling children for the pleasure of and knowing her family very, very threats of these individuals. perverts, this must be stopped, and this well, all of America was focused on Jes- Additionally, Mr. Speaker, this bill bill goes a long way to strengthen law sica when she turned up missing. Then makes full use of new and innovative enforcement capabilities and making we found out that she was the victim of technologies available to law enforce- sure the punishment justly fits the a predator, a very, very sick, depraved ment. Specifically, DNA technology. It crime. man. Jessica is no longer with us; and has grown by leaps and bounds, and In conclusion, Mr. Speaker, I want to I commend the Members of Congress, today this technology gives law en- encourage my colleagues on both sides including yourself, Mr. Speaker, with forcement new and more precise tools of the aisle to unite behind this com- whom I have worked very closely, and

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20183 certainly the gentleman from Wis- lieve that it will help protect my Whereas Rosa Louise Parks was educated consin (Mr. SENSENBRENNER), the chair- grandchildren, 7-year-old twins Ali and in Pine Level, Alabama, until the age of 11, man of the Committee on the Judici- Hannah Manning, 5-year-old Hank when she enrolled in the Montgomery Indus- ary, in putting together the Children’s Manning, IV, and 10-month-old Grey trial School for Girls and then went on to at- Safety Act. Collins. tend the Alabama State Teachers College’s No parent should worry when their The recent tragedies that have High School; Whereas on December 18, 1932, Rosa Louise grabbed the attention and sympathy of child is at a playground whether or not McCauley married Raymond Parks and the a sexual predator is nearby. There were the Nation only serve as a grim and two settled in Montgomery, Alabama; many loopholes in the various State poignant reminder that our work is not Whereas, together, Raymond and Rosa laws in Jessica’s case. The perpetrator done and we must continue to do ev- Parks worked in the Montgomery, Alabama, came into Florida from Georgia. He erything that we can to stop the abuse branch of the National Association for the registered at one point but then trans- and exploitation of our children. Advancement of Colored People (NAACP), ferred his address. The probation offi- b 1115 where Raymond served as an active member cer never knew that he had a prior of- and Rosa served as a secretary and youth fense of violating children. Had that As I noted in my opening statement, leader; probation officer known that, he never this is commonsense, comprehensive Whereas on December 1, 1955, Rosa Louise would have allowed the offender any- legislation that attacks the problem in Parks was arrested for refusing to give up where near a school. many different ways, from expanding her seat in the ‘‘colored’’ section of the bus That is but one of the very excellent the definition of sex offenders, to to a white man on the orders of the bus driv- strengthening law enforcement’s tools, er because the ‘‘white’’ section was full; facets of this bill in addition to having Whereas the arrest of Rosa Louise Parks the nationwide registration and avail- to increasing mandatory minimums for child abusers and kidnappers. led African Americans and others to boycott ability on line so that parents, so that the Montgomery city bus line until the buses grandparents, so that anyone can go Additionally, I believe this legisla- tion protects the constitutional rights in Montgomery were desegregated; and find out who the offenders are in Whereas the 381-day Montgomery bus boy- of the accused while ensuring that the their neighborhood so that every fam- cott encouraged other courageous people ily member can have a modicum of guilty see justice and the victims are across the United States to organize in pro- safety in knowing who is nearby. protected. test and demand equal rights for all; Again, I want to thank the gen- It also, as I mentioned, does allow for Whereas the fearless acts of civil disobe- tleman from Wisconsin (Mr. SENSEN- probation officers to know about a dience displayed by Rosa Louise Parks and BRENNER) and the Committee on the prior offense. Now, why is that impor- others resulted in a legal action challenging Judiciary for putting this bill together. tant? I firmly believe, Mr. Speaker, Montgomery’s segregated public transpor- H.R. 3132 is sound, well-crafted legisla- tation system which subsequently led to the that Jessica Lunsford would be here tion. I am confident that this legisla- United States Supreme Court, on November today had the probation officer known tion will empower the innocent over 13, 1956, affirming a district court decision that. the guilty, victims over the predators. that held that Montgomery segregation Additionally, the bill also picks up With its passage, our country, our chil- codes deny and deprive African Americans of on some language that I had in the Jes- dren and our grandchildren, will be the the equal protection of the laws (352 U.S. sica Lunsford Act, and part of this bill 903); winners. For that reason I urge my col- is named after her, that provides for Whereas, in the years following the Mont- leagues to support this rule and the un- more frequent contacts, a mailing or gomery bus boycott, Rosa Louise Parks derlying bill. random mailings to the sexual offend- moved to Detroit, Michigan, in 1957, and con- Mr. Speaker, I yield back the balance ers so that they have to report. If the tinued her civil rights work through efforts of my time, and I move the previous mailer is not returned, if they do not that included working in the office of Con- question on the resolution. fill out the form and send it back, at gressman John Conyers, Jr., from 1965 until The previous question was ordered. 1988, and starting the Rosa and Raymond that point police will be alerted to be The resolution was agreed to. Parks Institute for Self Development, a non- on the lookout for them because they A motion to reconsider was laid on profit 501(c)(3) that motivates youth to reach are not at their last known address. the table. their highest potential, in 1987; With all of the various facets of the f Whereas Rosa Louise Parks has been com- bill, many Members who are concerned, mended for her work in the realm of civil who have lost children to these offend- RECOGNIZING 50TH ANNIVERSARY rights with such recognitions as the ers, to these violators of our most in- OF ROSA LOUISE PARKS’ RE- NAACP’s Springarn Medal in 1979, the Mar- nocent children, every single Member FUSAL TO GIVE UP HER SEAT tin Luther King, Jr., Nonviolent Peace Prize who put a bill in and those who signed ON THE BUS AND THE SUBSE- in 1980, the Presidential Medal of Freedom in on as cosponsors realize the impor- QUENT DESEGREGATION OF 1996, and the Congressional Gold Medal in tance of protecting our streets, of pro- AMERICAN SOCIETY 1999; and Whereas in 2005, the year marking the 50th tecting our families, of protecting our Mr. SENSENBRENNER. Mr. Speak- anniversary of Rosa Louise Parks’ refusal to children from these lowlifes who prey er, I move to suspend the rules and give up her seat on the bus, we recognize the on our most innocent young children. agree to the concurrent resolution (H. courage, dignity, and determination dis- I certainly support the bill. I want to Con. Res. 208) recognizing the 50th an- played by Rosa Louise Parks as she con- make sure that the rule is adopted so niversary of Rosa Louise Parks’ refusal fronted injustice and inequality: Now, there- we can go on, pass this bill, send it to give up her seat on the bus and the fore, be it over to the Senate; and, hopefully, subsequent desegregation of American Resolved by the House of Representatives (the they, too, will see the need, the abso- society. Senate concurring), That the Congress— lute imperative need that America has The Clerk read as follows: (1) recognizes and celebrates the 50th anni- in demanding that this bill pass so that H. CON. RES. 208 versary of Rosa Louise Parks’ refusal to give our children will be protected. Whereas most historians date the begin- up her seat on the bus and the subsequent de- Mr. GINGREY. Mr. Speaker, I yield ning of the modern-day Civil Rights Move- segregation of American society; myself such time as I may consume; ment in the United States to December 1, (2) encourages the people of the United and, in closing, I would like to begin by 1955; States to recognize and celebrate this anni- saying that there are very few matters Whereas December 1, 1955, is the date of versary and the subsequent legal victories in our society that are as clear-cut as Rosa Louise Parks’ refusal to give up her bus that sought to eradicate segregation in all of American society; and this one. Child abduction and abuse is seat to a white man and her subsequent ar- rest; (3) endeavors to work with the same cour- not a new problem. It did not begin Whereas Rosa Louise Parks was born on age, dignity, and determination exemplified yesterday, and it will not end tomor- February 4, 1913, as Rosa Louise McCauley to by civil rights pioneer, Rosa Louise Parks, row. This is a continuing struggle to James and Leona McCauley in Tuskegee, to address modern-day inequalities and in- protect our children; and I truly be- Alabama; justice.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20184 CONGRESSIONAL RECORD—HOUSE September 14, 2005 The SPEAKER pro tempore (Mr. mending the gentleman from Wis- once have I ever heard her raise her FOLEY). Pursuant to the rule, the gen- consin (Mr. SENSENBRENNER), chairman voice in anger. Never once have I heard tleman from Wisconsin (Mr. SENSEN- of the Committee on the Judiciary, for her speak negative or unkind remarks BRENNER) and the gentleman from the work he has done in helping me about anybody, this persona, this mod- Michigan (Mr. CONYERS) each will con- bring this concurrent resolution to the est woman of incredible determination trol 20 minutes. floor today. who, by the way, brought Martin Lu- The Chair recognizes the gentleman Why is this historic? Because the im- ther King into Montgomery to help from Wisconsin (Mr. SENSENBRENNER). petus to reconnect with this struggle lead the Montgomery bus boycott, GENERAL LEAVE for racial justice in America began which was the start of his career as a Mr. SENSENBRENNER. Mr. Speak- with this humble lady, a seamstress in civil rights leader. Yet this humble er, I ask unanimous consent that all Alabama, who on December 1, 1955, woman, quiet, dignified, always pleas- Members may have 5 legislative days chose to no longer obey the ordinance antly composed, was able to bring for- within which to revise and extend their that blacks sit in the back of the bus ward this and other countless acts of remarks and include extraneous mate- and if it was full, then they give up the civil disobedience which resulted in us rial on H. Con. Res. 208 currently under bus to white passengers. changing the way that America oper- consideration. It is hard to conceive of the total seg- ates. The SPEAKER pro tempore. Is there regation that this Nation was im- It was Rosa Parks that did all of this; objection to the request of the gen- mersed in. On that day, she refused to and what I wanted to do was let Mem- tleman from Wisconsin? obey a bus driver’s order; and it began bers know that she, by bringing Martin There was no objection. the chain of actions and organizations King into this matter, was able to Mr. SENSENBRENNER. Mr. Speak- and commitments that led to a resur- begin a civil rights movement much, er, I yield myself such time as I may gence of the civil rights movement as much larger than the boycott itself. consume. we know it. She then started the Rosa and Ray- Mr. Speaker, I rise in strong support Her arrest sparked a boycott of the mond Parks Institute for Self-Develop- of H. Con. Res. 208, recognizing the 50th Montgomery city bus lines. It went on ment, a nonprofit organization that anniversary of Rosa Louise Parks’ re- for over a year as more and more peo- sought to motivate youth. On this rec- fusal to give up her seat on the bus and ple of all backgrounds and colors and ognition of the 50th anniversary of that the subsequent desegregation of Amer- economic classes joined in. Finally this refusal to give up her seat, I am very ican society. Fifty years ago, one individual, matter reached, in November of 1956, proud that the Congress has chosen to through one courageous act, gave the Supreme Court of the United join in with us by way of this concur- strength to the citizens of Mont- States. The Supreme Court of the rent resolution and remember this in- gomery, Alabama, to stand up to the United States affirmed that desegrega- credible point in American history. injustice and indignity that had be- tion codes deny under the 14th amend- I lift up the name of Ms. Elaine come commonplace among its citizens. ment the equal protection of laws to Steele, who has been with Rosa Parks Rosa Parks accomplished this heroic African Americans. for years and years as her assistant, as feat through the single act of refusing This is a great moment because the her counselor, as her dearest friend, to give up her seat on the bus to a present is tied to the past. The other and attorney Gregory J. Reed who has white man. Her single act of defiance body is in the process of determining given her the legal background and and refusal to accept the status quo led who the next Chief Justice of that Su- support that she has needed from time to the 381-day Montgomery bus boycott preme Court will be. to time. and eventually to the desegregation of Hurricane Katrina has made us re- This is a great day in the history of Montgomery, Alabama. member how deeply poverty and race America that we remember. It is a However, Rosa Parks’ courageous act have brought most of the hardship great day in the Congress that we can meant much more. It inspired a broad- upon people of color in New Orleans remember that Martin King challenged er movement that struggled and and in Mississippi where the havoc is his own country which he loved very pushed back against a Nation that had still being counted, 400 deaths now much. But when he felt it was wrong, failed to keep its promise to all its citi- known; but the number is sure to go dissent was the highest form of patriot- zens to promote equality, justice, and far, far beyond that. ism that he could exemplify what this fairness under the laws. It paved the Now a word about Rosa Parks herself country stood for. And civil rights pio- way for this Nation to hold unaccept- because I happen to be connected with neer Rosa Parks, by displaying her de- able the injustices and disparate treat- this, meeting her through my work fiant act of courage 50 years ago, has ment experienced by many of its citi- with Dr. Martin Luther King as an at- made this country more of what it zens. Rosa Parks’ courage helped re- torney and then getting to know her ought to be than anyone else that I can store to all citizens the dignity and re- when she left Montgomery and came to think of. spect that every person deserves. Her Detroit. So I join with my colleagues in cele- single act of courage will forever serve She was so modest. They said she got brating the ideals of Ms. Parks and the as a constant reminder of the true fired from her job a month after the civil rights movement. meaning of equal protection under the boycott. Here is what she said in the Today we honor Rosa Parks and her deci- laws and the responsibility of each of book she wrote: ‘‘A month after the sion to stand up to injustice 50 years ago. On us to stand up to inequality and injus- boycott began, I lost my $25-a-week job December 1, 1955, Ms. Parks refused to obey tice. when the Montgomery Fair department a bus driver’s order that she give up her bus Rosa Parks is an inspiration to all of store closed its tailor shop. I was given seat in the black section to a white man be- us and is a reflection of what it means no indication from the store that my cause the white section was full. to be an American. I encourage my col- boycott activities were the reason I It is the courage, dignity, and determination leagues to join me in recognizing Rosa lost my job. People always wanted to that Ms. Parks exemplified on this day that al- Parks and her important contribution say it was because of my involvement lows most historians to credit her with begin- toward helping America realize the in the boycott. I cannot say this is ning the modern day civil rights movement. freedom and equality envisioned by our true. I do not like to form in my mind Ms. Parks’ actions on December 1, 1955 led Constitution. something I do not have any proof of.’’ to the desegregation of American society and Mr. Speaker, I reserve the balance of That exemplifies this incredible hum- enabled all of this Nation’s citizens to realize my time. bleness that marked everything that freedom and equality. Mr. CONYERS. Mr. Speaker, I yield she did. The arrest of Ms. Parks led African-Ameri- myself such time as I may consume. I said the first person I am going to cans and sympathizers of other races to boy- Mr. Speaker, this is a proud moment bring into my congressional office staff cott the Montgomery city bus line until the in our history, and I begin by com- is Rosa Parks, and she accepted. Never buses in Montgomery were desegregated. The

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20185 381-day Montgomery bus boycott encouraged their bikes or carpooled to work. In an impres- 1956, the Supreme Court ruled that segrega- other courageous people across the United sive show of strength and courage, the boy- tion on the transportation system was uncon- States to organize in protest and demand cott endured for over a year, and people stitutional and this provided one of the first vic- equal rights for all. across the nation joined with those in Mont- tories for desegregation. We recognize the The fearless acts of civil disobedience dis- gomery. After 381 days, the City bus line fi- many people responsible for the effective boy- played by Rosa Parks and others resulted in nally relented and desegregated the buses. cott and the tremendous support of civil rights the United States Supreme Court, on Novem- Four days after the initial incident on the leadership. But, today, we celebrate the ber 13, 1956, affirming a district court decision bus, a young man stood up in front of a large woman who imbued the movement with such that held that Montgomery segregation codes audience, having just been appointed as the dedication, dignity, and courage. deny and deprive African-Americans of the head of the boycott: ‘‘There comes a time,’’ Rosa Parks’ commitment to civil rights con- equal protection of the laws. This decision the man said, ‘‘that people get tired. We are tinued with her work in the office of my col- would lead to other landmark Supreme Court here this evening to say to those who have leagues, Representative JOHN CONYERS, Jr., decisions in which the Court would rule in the mistreated us for so long, that we are tired, from 1965–1988. In 1987, she established the interest of justice and equality. tired of being segregated and humiliated, tired Rosa and Raymond Parks Institute for Self In the years following the Montgomery bus of being kicked about by the brutal feet of op- Development to motivate youths. She has boycott, Ms. Parks moved to Detroit, MI in pression.’’ The name of that young man been honored for her contributions to society 1957 and continued her civil rights work by spurred to action by Rosa Parks was Dr. Mar- with the NAACP’s Springarn Medal in 1979, working in my district office. Ms. Parks was tin Luther King, Jr. the Martin Luther King, Jr., Nonviolent Peace with the office from 1965 until 1988. In the Rosa was found guilty that very same day Prize in 1980, the Presidential Medal of Free- more than 20 years that Ms. Parks was in the of breaking the city’s segregation law. It was dom in 1996, and the Congressional Gold office, she worked with a tireless spirit for the 50 years ago that Rosa Parks chose to peace- Medal in 1999. people of Detroit and other Americans. fully but willfully stand up—or rather sit Let us honor the 50th anniversary of Ms. In 1987, she started the Rosa and Raymond down—against the abhorrent laws that seg- Parks’ refusal to give up her seat. Let us cele- Parks Institute for Self Development in Detroit, regated this country. Let us honor and cele- brate the lifetime achievements of a truly in- a nonprofit organization which motivates youth brate what Rosa Louise Parks helped this credible woman. I urge my colleagues to join to reach their highest potential. So it is with country accomplish half a century ago, but me in supporting H. Con. Res. 208. great pleasure and honor that I stand today to also remember that her fight is not over. This Ms. LEE. Mr. Speaker, I rise today in strong recognize not only a civil rights pioneer, but a anniversary reminds us of the battles against support of the resolution commemorating member of my staff, a constituent, and a inequality and injustice still being fought here Rosa Parks on the 50th Anniversary of her re- friend. and across the world today. fusal to give up her seat on a Montgomery, It is in this recognition of the 50th anniver- I support H. Con. Res. 208 for the foregoing Alabama bus and comply with an unjust law. sary of Ms. Parks’ refusal to give up her seat reasons, and I urge my colleagues to follow I also want to thank my colleague from on the bus, that I ask the Congress and the suit. Michigan, Mr. CONYERS, for offering this impor- great people of this Nation to work with the Mr. HOLT. Mr. Speaker, I rise today as an tant amendment and for his courage, leader- same courage, dignity, and determination ex- original cosponsor of H. Con. Res. 208, a res- ship, and vision as the ranking member on the emplified by her to address modern day in- olution recognizing the 50th anniversary of House Judiciary Committee and the Dean of equalities and injustices. As a result of Hurri- Rosa Louise Parks’ refusal to give up her seat the Congressional Black Caucus. cane Katrina, these inequalities and injustices on a city bus in Montgomery, Alabama. On Without question, Rosa Parks, was a pivotal are at the forefront of public consciousness December 1, 1955, Ms. Parks challenged dec- force in the struggle for civil rights in America. and it is our job to do something about it. ades of social injustice and inequality; she op- Ms. Parks’ courageous action touched mil- Ms. Parks has said, ‘‘Until everyone can posed a racist authority; she initiated a move- lions of lives, serving as a catalyst for the leg- enjoy the same opportunities, people cannot ment of change. It was on that day 50 years endary bus boycott in Alabama and acting as be equal. I am glad that segregation is no ago, that a woman spoke up for not only her- a critical turning point in the African-American longer considered acceptable, but the fight for self, but for the freedoms of all people, every- civil rights movement. equal rights must go on until we have the where when she refused to give up her seat. With the support of Dr. Martin Luther King same privileges and opportunities as those Ms. Parks’ service to the civil rights move- Jr. and other civil rights activists, Rosa Parks who are in power.’’ ment began long before that fateful December demonstrated the power of individuals and Civil rights pioneer Rosa Parks displayed a day. Born and raised in Alabama, Rosa Louise communities to tear down injustice and bring defiant act of courage 50 years ago to better McCauley attended the Alabama State Teach- about social change. this country for all of its citizens. I know that ers College before marrying Raymond Parks Her spark ignited a fire that helped to re- this Congress and the people of this Nation in 1932. Together, they worked for the Mont- verse segregation, raise public consciousness, can work to further the ideals of Ms. Parks gomery branch chapter of the National Asso- and challenge our democracy to guarantee and the civil rights movement. ciation for the Advancement of Colored People and secure liberty and justice for all. Ms. JACKSON-LEE of Texas. Mr. Speaker, (NAACP). Ms. Parks took on leadership roles Rosa Parks is a true shero. But as we com- I rise in support of H. Con. Resolution 208, in the organization, serving as a secretary and memorate Rosa and her actions today, let us recognizing the 50th anniversary of Rosa then as an advisor to the NAACP Youth Coun- not forget that we still have much more work Parks’ refusal to give up her seat on the bus cil. These efforts to improve the lives of those to do. and the subsequent desegregation of Amer- in segregated societies grew into a movement It is our job as representatives of the people ican society. Passage of this bill will not only to end segregation outright. That movement to pick up the banner carried by Rosa Parks, recognize the important anniversary, but also found a voice in Rosa Parks. Martin Luther King, Medger Evers, and others reaffirm the United States’ continuing commit- On December 1, 1955, Ms. Parks boarded and ensure that our children and our children’s ment to the legacy of Rosa Parks and the civil a Montgomery city bus through the rear en- children can live in a world free of ignorance, rights movement as a whole. trance. She sat in the section designated for prejudice, discrimination and racism. On December 1, 1954, Rosa Parks boarded ‘‘colored.’’ She obeyed the ludicrous segrega- Mr. CUMMINGS. Mr. Speaker, nearly 50 her normal bus home and sat down in one of tion laws until a white man, wanting a seat, years ago on December 1, 1955, history was the ‘‘colored’’ aisles toward the back of the demanded hers. It was then that Ms. Parks altered considerably by the refusal of a Black bus. Soon, the bus began to fill, and Rosa decided that her compliance would end. woman to give up her seat to a White man on was ordered to vacate her seat to accommo- Ms. Parks was arrested for her civil disobe- a public bus. This woman was Rosa Parks, a date the white passengers. She simply but dience. The arrest incited a reaction. Ms. seamstress and the secretary of the NAACP stubbornly refused. Parks, Martin Luther King Jr., and others from Montgomery, AL. This peaceful act of protest sparked a city- channeled that reaction to form one of the Mr. Speaker, on that day Rosa Parks was wide boycott of the bus system by the African most powerful and positive movements in not only tired from a hard day at work, but American community. Men, women and chil- world history. The following day, civil rights ad- also of the torment and persecution endured dren of Montgomery, Alabama refrained from vocates organized a boycott of the bus system by Blacks of her day. Based solely on the riding the bus and instead either walked, rode that lasted for 381 days. On November 13, color of her skin, she had encountered much

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20186 CONGRESSIONAL RECORD—HOUSE September 14, 2005 discrimination throughout the years, and fi- strengthen voter rights and to improve our within which to revise and extend their nally, on that day, decided she was fed up. electoral systems. And we must forever link remarks and include extraneous mate- We all know the story, but let me remind my our current state of freedom with the sacrifice rial on H.R. 3736 currently under con- colleagues. On that Thursday evening in De- of exceptional individuals like Rosa Parks who sideration. cember, Mrs. Parks decided that she would stood up to oppression and changed history. The SPEAKER pro tempore. Is there not give up her seat for a White man to sit Let us celebrate the lifetime achievements objection to the request of the gen- down in the ‘‘Colored’’ section, and was con- of a truly remarkable woman. I urge my col- tleman from Wisconsin? sequently arrested for violating segregation leagues to join me in supporting H. Con. Res. There was no objection. laws. 208. b 1130 Ms. Parks’ arrest marked the point of con- Mr. CONYERS. Mr. Speaker, I yield ception of the civil rights movement. What fol- back the balance of my time. Mr. SENSENBRENNER. Mr. Speak- lowed can be described as no less than mon- Mr. SENSENBRENNER. Mr. Speak- er, I yield myself such time as I may umental. The Black community of Mont- er, I yield back the balance of my time. consume. gomery, AL, decided to boycott the bus sys- The SPEAKER pro tempore. The Mr. Speaker, thousands of America’s tem—that by the way, relied heavily on their question is on the motion offered by volunteers have already answered the 75 percent ridership for revenue. Montgom- the gentleman from Wisconsin (Mr. call to help those suffering in the wake ery’s Black community, led by a young Martin SENSENBRENNER) that the House sus- of Hurricane Katrina. But, unfortu- Luther King, Jr. who endorsed nonviolence as pend the rules and agree to the concur- nately, many are hindered in their ef- a means to achieve equality, chose to walk, rent resolution, H. Con. Res. 208. forts or held back from joining the re- carpool, or ride bicycles instead of riding the The question was taken; and (two- lief effort in the first place by the bus. thirds having voted in favor thereof) threat of legal liability. Despite huge revenue losses, the Mont- the rules were suspended and the con- In too many parts of the country, in- gomery bus system refused to alter its seg- current resolution was agreed to. cluding Louisiana and the other areas regation policies. A motion to reconsider was laid on affected by Hurricane Katrina, it is not Despite endless provocation from Whites, the table. only unclear what defines the legal protections for Good Samaritans, but who often resorted to acts of violence and har- f assment, the Black community continued its it is also unclear which of those legal KATRINA VOLUNTEER boycott for over a year. protections would govern where citi- Finally, approximately a year after Rosa PROTECTION ACT OF 2005 zens of multiple States converge on an- Parks refused to give up her seat on the bus, Mr. SENSENBRENNER. Mr. Speak- other State to give aid and comfort to on November 13, 1956, the Supreme Court er, I move to suspend the rules and their fellow citizens in need. declared Montgomery’s bus segregation ordi- pass the bill (H.R. 3736) to protect vol- At the Federal level, the Volunteer nance unconstitutional. Shortly thereafter, the unteers assisting the victims of Hurri- Protection Act does not provide any Federal Interstate Commerce Commission cane Katrina. protection to volunteers who are not banned segregation on all interstate trains and The Clerk read as follows: working under the auspices of an offi- buses. H.R. 3736 cial nonprofit organization, namely, a Although there were many other subsequent Be it enacted by the Senate and House of Rep- 501(c)(3) organization; and it provides laws and decrees that helped to desegregate resentatives of the United States of America in no protection at all to the nonprofit or- America, Rosa Parks’ courage was the incip- Congress assembled, ganizations themselves. ient act that sparked the stand for equality SECTION 1. SHORT TITLE. Consequently, under Federal law across the Nation—culminating in the civil This Act may be cited as the ‘‘Katrina Vol- there are absolutely no legal protec- rights movement. unteer Protection Act of 2005’’. tions for the average person who wants It is for these reasons that I strongly support SEC. 2. PROTECTION OF VOLUNTEERS. to volunteer on their own, and there this resolution honoring Mrs. Parks’ bravery. I (a) QUALIFIED IMMUNITY FROM SUIT.—Any are also absolutely no legal protections thank my good friend, Representative JOHN person or entity (including any Indian Tribe) for America’s wonderful nonprofit or- that, in response to harm caused by Hurri- CONYERS, for spearheading this noble effort ganizations themselves, such as the and I urge my colleagues to support its pas- cane Katrina of 2005, voluntarily, in good Red Cross; but only an extremely small faith, and without a preexisting duty or ex- percentage of the some 1.4 million non- sage. pectation of compensation, renders aid (in- Mr. MEEHAN. Mr. Speaker, I rise in support cluding medical treatment and rescue assist- profit organizations in the United of H. Con. Res. 208 and commend the gentle- ance) to any individual, shall not be liable States actually purchase liability in- men from Wisconsin and Michigan for bringing for any injury (including personal injury, surance due to excessive costs. this concurrent resolution to the floor today. property damage or loss, and death) arising The bill before us today closes the Fifty years ago this coming December, Rosa out of or resulting from that aid that was gaps in existing law for those individ- Louise Parks inspired a town, a movement, not caused by— uals and organizations wanting to give and a Nation to hold true to the ideals and (1) willful, wanton, reckless or criminal of themselves to aid those suffering the conduct of that person or entity; or worst effects of one of the most tragic principles upon which our Nation was founded. (2) conduct of that person or entity that By refusing to give up her seat after a long constitutes a violation of a Federal or State weather disasters in American history. day of work because she felt she was being civil rights law. This bill makes crystal clear that ev- treated unfairly, Rosa Parks demonstrated the (b) PREEMPTION.—This Act preempts the eryone who helps those who have suf- quiet strength that typified her life. laws of a State to the the extent such laws fered harm in the wake of Hurricane Her arrest led to the 381–day Montgomery are inconsistent with this Act, except that Katrina will be covered by some basic bus boycott and to the eventual repeal of the this Act shall not preempt any State law legal protections. segregation laws of the South. Her individual that provides additional protection from li- If a volunteer’s own State law pro- ability relating to volunteers. act of defiance is considered by many to be vides greater protections for them, all the beginning of the civil rights movement. The SPEAKER pro tempore. Pursu- the better; and this legislation would Ten years later, on August 6, 1965, Presi- ant to the rule, the gentleman from allow those stronger protections to dent Lyndon Johnson signed into law the Vot- Wisconsin (Mr. SENSENBRENNER) and govern in their situation. But this bill ing Rights Act, which in later years was the gentleman from Michigan (Mr. provides a uniform Federal floor on strengthened with amendments to affirm the CONYERS) each will control 20 minutes. which all volunteers can confidently rights of non-Whites to vote and to be rep- The Chair recognizes the gentleman stand when helping those in need in the resented fairly in government. This fall, parts from Wisconsin (Mr. SENSENBRENNER). wake of Hurricane Katrina. of the Voting Rights Act will come before Con- GENERAL LEAVE Such a uniform Federal law is clearly gress to be reauthorized. We must not only Mr. SENSENBRENNER. Mr. Speak- needed. As the Los Angeles Times re- renew our commitment to the voting rights er, I ask unanimous consent that all cently reported, ‘‘the lack of liability protected under that legislation, but look to Members may have 5 legislative days protection is one of several concerns

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20187 delaying some 900 churches from join- Mr. Speaker, I reserve the balance of nowhere, and if it is just to pass the ing the evacuation network.’’ Accord- my time. time of day and keep us busy, it is ing to recent press accounts, the Red Mr. CONYERS. Mr. Speaker, I yield probably doing a great harm to our Cross feels constrained in giving out myself such time as I may consume. civil justice system. the names of refugees to those who It is with reluctance that I rise in op- The bill goes beyond the Volunteer want to offer their homes to them for position to this legislation. I cannot Protection Act to, if the Members can shelter because they have concern support it, and I am reluctant about grasp this, immunize gross negligence about liability. The Red Cross has cited that because it has been my intention and intentional conduct. We would im- liability issues as a reason for people to work with everyone on the com- munize negligent and purposeful mis- not to volunteer to take refugees into mittee to eliminate the problems of conduct. Never in the history of Con- their homes and complain generally this bill, the excesses and flaws that gress have we ever considered immu- that ‘‘there is so much liability in- are in it now; and my suggestions have nizing such actions. Why should we do volved.’’ not been received, and the bill has been it today? There is no reason to protect The Minnesota Department of Public put together in an extremely hasty such blatant wrongdoing from such im- Safety spokesman has said of volunteer manner that I believe will insulate neg- portant responsibility. efforts, if things go south, there are li- ligent and dangerous behavior that we The drafting that I have talked about ability problems. In Grandville, Michi- would otherwise have no inclination to is so broad, it would protect unlicensed volunteers who are attempting to oper- gan, a local school district wants to let do. ate as professionals. This would include evacuees use a vacant school for shel- I begin by pointing out that we al- individuals who provide medical treat- ter, but the school’s superintendent is ready have a Volunteer Protection Act ment without training if something concerned about liability issues. The in the law, passed in the year 1997, like that were to come along. It could Cleveland Plain Dealer reports that a which protects volunteers. This bill had hearings. It was carefully crafted protect people flying airplanes without specially trained group of 50 inter- licenses. Under this measure, an indi- national physicians and psychologists and bipartisan in nature. It protects volunteers from their good deeds, but vidual could travel to Louisiana with- who have extensive experience treating not from their misconduct. out a license to conduct surgery and children in Third World countries could This bill, unfortunately, goes much claim in a civil action that he has a li- face liability issues here if they ven- further. And the problems that I have ability waiver coming from this bill. ture into States where they are not li- referred to and will continue to refer to This measure would even go further. censed. are the result of the fact that this bill It would insulate simple traffic acci- Anytime lawsuits or threats of law- has never had a hearing: in no sub- dents from liability. A person working suits limit private persons and entities, committee, not in the full Committee around the Katrina disaster could neg- State and local governments from act- on the Judiciary. There have never ligently have an accident and injure a ing to help those in need, the response been witnesses to testify for or against child on the way to New Orleans, and costs of the Federal Government only it. There has never been a markup. the family would be left with no re- increase. Nothing. We come today with a meas- course whatsoever. I can imagine that H.R. 3736 simply ensures that if one is ure that has been pulled out of the air. this bill will be brought up in civil a volunteer who acts in good faith to We have not heard from a single inter- cases in ways that we have never had assist the victims of Hurricane Katrina ested party as to why the bill is nec- an opportunity to contemplate. without compensation, then they do essary. We have not received so much So I make a simple proposition. Why not have to worry about lawsuits un- as a shred of evidence that there is any do we not just move this bill off the less they either act in a willful, wan- shortage of volunteers to assist in Hur- floor, set up the subcommittee of the ton, reckless, or criminal matter or ricane Katrina as a result of our civil Committee on the Judiciary that is violate a Federal or State civil rights justice system. anxiously waiting to schedule wit- law. All volunteers under this bill will So I point out to the Members that in nesses for the bill, and have them do have to worry about is saving those in the first instance the bill is not limited their work and bring it to the full com- need, and they will not have to worry to protection of volunteers. It would mittee where it may receive even fur- about hiring an attorney to defend protect many organizations, public and ther amendments and inquiry? It makes no sense to exempt irre- themselves from a frivolous lawsuit. private, that might be involved in Hur- sponsible people from their own neg- The bill does not apply to those with ricane Katrina, which could be govern- ligence. It would even insulate nursing preexisting duties to aid. That is, it ment organizations. It could even pro- homes, hello, from civil liability who does not apply to those with the statu- tect the Federal Emergency Manage- use volunteers and their failure to tory duty to aid the victims or those ment Agency. It could protect cities evacuate resulted in death. One could with prior contractual obligations to and counties and States. It could pro- do so. The bill does apply to all volun- lose their loved one as a result of neg- tect business entities. ligence by a nursing home; and if they teers who in good faith and without ex- This bill is off the charts. And in the raise these protections that are in- pectation of compensation render aid, past, when we were more carefully con- volved in this legislation, the person medical treatment, or rescue assist- sidering the matter, we decided not to bringing the action could be left with- ance to any person in response to harm cover these entities because we did not caused by Hurricane Katrina. out compensation. want to protect firms that retain peo- We are setting up, whether we admit The Congress voted overwhelmingly ple who were criminals. We did not it or not, a two-tier system of civil jus- to give far greater legal protections to want to give comfort to drug addicts tice. One for the people that were able selected entities following the 9/11 ter- who may be working there or even sex and could afford to escape Katrina who rorist attacks. At the very least, this offenders from liability that they will have their full right in the civil Congress should pass some legal pro- might be involved with. This bill cre- justice system, just as all people al- tection for volunteers working in the ates a green light for all kinds of be- ways have, but a lesser system for indi- wake of Hurricane Katrina. havior, that it will now receive a pro- gent individuals, many of whom, if not While we all keep the victims of tection. For the life of me, I cannot most, are, in fact, minorities, who may Katrina in our prayers, let us keep all suggest one reason why we ought to have, and I hope this is very few, but the individual volunteers and organiza- pass this measure. I am not aware of some who may have suffered abuse as a tions that support them in our hearts any business or even a nonprofit entity result of additional negligence and and free them to act on their compas- that has asked this committee for re- misconduct. sion without the distracting fear of un- lief from liability in order to help out necessary lawsuits. in Katrina. b 1145 This bill should be passed. I urge the Nobody knows about it. This is a So what we have here is a horrible Members to vote in favor of it. phantom measure that has come out of attempt to insulate volunteer liability,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20188 CONGRESSIONAL RECORD—HOUSE September 14, 2005 but it has been put together in such a people who are living in football sta- not. Certainly the American people and way that we have a piece of legislation diums and warehouses. We have to get Louisianans and others would want that I do not think can withstand the those people out of there, get them to that particular entity to be held liable reasonable scrutiny of the Members of some home to live in, some safe envi- for gross negligence, if you will, and this body. If we adopt this unthinking ronment. they happen not to be, I assume, a non- bill without bothering to figure out Now, a person goes out there who profit, so that they might be covered what we are doing and who we are fur- owns a motor home, decides to haul a by this legislation for their gross neg- ther exposing to harm, we may, in all bunch of people from a stadium, some- ligence. likelihood, be compounding the trag- body trips getting in their motor home What about the hospital? The facts edy that exists to which we are trying and gets sued. Is that reasonable or will come out. Obviously, one cannot to bring some closure to. fair? No. suggest guilt where one does not know Mr. Speaker, I reserve the balance of If there is negligence on the part of all of the facts, but the facts will come my time. the individual who volunteered, hold out. But now it has been discovered, a Mr. SENSENBRENNER. Mr. Speak- them accountable. But the gentleman number of bodies in a hospital in Lou- er, I yield 2 minutes to the gentleman from Wisconsin (Chairman SENSEN- isiana, and that, too, may warrant con- from California (Mr. GARY G. MILLER). BRENNER) is not for holding anybody sideration that this bill does not ad- Mr. GARY G. MILLER of California. unaccountable for gross negligence or dress. Mr. Speaker, I rise and applaud the violating the law. But if you volunteer I would hope that in the rush to deal gentleman from Wisconsin (Chairman to help in a case like this where people with the plaintiffs’ bar, trial lawyers SENSENBRENNER) for this reasonable ap- are dying, all of a sudden trial lawyers who have, in many instances, found proach to volunteers who are trying to are more important than the people we justice where others could not on envi- help people. are trying to save during a disaster. ronmental issues, on medical mal- This is an amazing debate that is Mr. CONYERS. Mr. Speaker, I just practice issues, on issues dealing with taking place today because, last week, want to make a response to my friend, occupational disasters that have we were concerned about people dying, the previous speaker, to let him know caused injury to workers, that we getting help to them, providing all the that the examples that he made are would not be focused on that ‘‘per- assets we could provide to save lives. quite logical and quite rational. We ceived problem’’ versus the needs of Now, think about the people in the think that they should be given protec- people who are being served. construction industry who want to do tion. But we do not want what is in We want the volunteers to be there. good. The people after 9/11, some of this bill that goes way beyond that We want them to be protected, and we them were sued because they volun- kind of protection, because we would believe that we do have the protection. teered to go help prior to contracts give protection for gross negligence, As I speak about this bill, might I being let. There were no government and it is in that respect that I am op- also bring attention to a bill that I contracts being let. They wanted to posed to the bill. missed, Mr. Speaker, and I simply want volunteer. They might have provided Mr. Speaker, I am pleased to yield 61⁄2 to add my support to the 50th recogni- an excavator, a grader, a backhoe, a minutes to the distinguished gentle- tion of the Rosa Parks legislation that dump truck. woman from Texas (Ms. JACKSON-LEE). acknowledges her quest for justice by Let us say someone in New Orleans Ms. JACKSON-LEE of Texas. Mr. sitting down. I weave this into this de- happened to own a boat, and he wanted Speaker, I thank the distinguished gen- bate because I think that it is relevant to go help people. He went to pull tleman for yielding me this time. when we begin to talk about how Con- somebody into his boat to save them, Mr. Speaker, let me, first of all, sug- gress fixes problems. Rosa Parks cer- and they slipped, broke an arm, a total gest that we owe a debt of gratitude to tainly spread across the land a new accident. Some trial lawyer says, hey, all of the volunteers across the country idea of justice and the refusal, if you we can make you rich. Let us sue the that have come in to places like Ala- will, to be subjected to unfair and un- guy who brought the boat. bama, Mississippi, Louisiana, and my just laws. I pay tribute to the gen- Somebody is out there trying to help own State of Texas. So this is not an tleman from Michigan (Mr. CONYERS) people. There is a dirt road that needs expression of concern with disregard and all of those who have spoken in grading, and the guy volunteers to go for the charity that has been shown by support of what she did to change out there with his blade, regrade the the throngs of volunteers. And, might I America, and I add my voice to the road, somebody walks across it after- suggest, like the gentleman from commemoration that was on the floor wards, slips, and some trial lawyer Michigan (Mr. CONYERS), that volun- just previously. says, hey, we can make you a fortune. teers have come from everywhere with- As I infuse back into the Katrina You just slipped on something some- out the question of whether or not they Volunteer Protection Act and mention body did, and we will hold the con- are immune or protected. the volunteers, one has to accept the tractor liable because they volunteered I refer my colleagues to the Volun- time that they have to speak to impor- to do good. teer Protection Act of 1997 which really tant issues at hand. We have construction expertise in crafts, I think, the latitude and the Mr. Speaker, I say to the gentleman this country that is sorely needed dur- range of protection that makes sense. from Michigan (Mr. CONYERS), I offer ing times of disaster. We cannot con- It provides immunity for volunteers today an important issue that speaks tinue to allow a message to be sent to serving nonprofit organizations and to the question of justice and, I assume those volunteers. government entities, which include the as well, the thoughts of this body, and I became a general contractor in my likes of FEMA and the Red Cross and that is the unfair position that Frances early 20s. I have been in the business also the folks that come under that Newton finds herself in, an African for over 35 years. There are many good umbrella and the many nonprofits that American woman, but a woman that is people out there who work very hard, exist. now on death row today, September 14, earn a good living, and they want to The idea that this legislation might, in Texas whose execution date is 6 p.m. give a little back to their country and in fact, protect those who are grossly central standard time. to the people who they have benefited negligent seems flawed in several as- This Congress may have some cause, from through volunteering in a time of pects. Even though the Attorney Gen- but this is now in the hands of the ad- disaster when they know they can do eral of the State of Louisiana has now ministration, the Solicitor General, good, they can make things better, and moved against this tragic circumstance the Supreme Court, and the governor they can save lives. The argument I with the loss of lives of a number of in- of the State of Texas. If we do not act heard today was quite the opposite. dividuals in a particular nursing home, today, a woman who did not have effec- Last week, we had a hearing in Fi- we do realize that this is now at a level tive counsel, whose counsel did not nancial Services talking about all the of criminal charges, but suppose it was question one witness, whose counsel

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20189 did not present one iota of evidence, volunteers have when performing char- tells us the whole thing. This is over who now has found that there were itable acts, and this was particularly the edge. It is not that we do not want multiple weapons, who has a flawed so with such a tragedy of this mag- to give protection, but this goes way, DNA background in terms of this case nitude. way too far. and, likewise, who has protested and H.R. 3736 will clarify the rules for ev- Now, I remind my colleagues that the petitioned over and over again that she eryone involved and ensure that uni- problem that we have here is that did not kill her children, will now go to form standards are applied to relief ef- there have never been any hearings. her death. forts from Louisiana to Mississippi to There have never been any markups. Whether or not this Congress has the Alabama. This bill will protect volun- There have never been any witnesses. power to instruct the Supreme Court of teers acting in good faith to assist There has never been a full committee the United States, as we now hear the Katrina victims, while still protecting hearing. Nobody has ever seen this proceedings of Judge Roberts, we know the rights of victims who allege inju- measure before today when it is now on that this body should be a body con- ries as a result of willful, wanton, reck- the floor. cerned about justice. I would wholly less, or criminal conduct on the part of It sounds great, volunteer liability hope that those who can hear my voice a volunteer. Questions of liability legislation. But that is what we did will petition by way of their own way, should not and should never prevent in- with the Volunteer Protection Act in their representatives, to ask the Solic- dividuals and organizations from offer- 1997. That was carefully crafted, bipar- itor General to petition on the side of ing their services in such a tragedy. tisan in nature, and covers all of this the Innocence Project to allow the case So, Mr. Speaker, I urge passage of activity. to be reheard, a new trial to secure this the Katrina Volunteer Protection Act. We go way beyond volunteer protec- evidence, to secure the ability to give This is important legislation, and I tion to immunize what could be mis- Frances Newton a new trial of which urge its rapid and steady approval. conduct of a deliberate and blatant na- she deserves. Mr. CONYERS. Mr. Speaker, I am ture, that can immunize negligence of We cannot stand on the floor of the proud to yield such time as he may the grossest sort, and never in the his- House today and talk about protecting consume to the gentleman from Vir- tory have we ever imagined, thought of volunteers, albeit I have the concerns ginia (Mr. SCOTT), our subcommittee immunizing such actions. So there is as enunciated, and not suggest that we ranking member. no reason to protect such blatant cannot protect the justice system. Mr. SCOTT of Virginia. Mr. Speaker, wrongdoing from responsibility. Frances Newton has protested and peti- this did not go through committee, so And it is a fatal flaw of this legisla- tioned her innocence. She is a mother I just had a question for the chairman tion. I urge that it be sent back to the who says that she did not kill her chil- of the committee, if the chairman Judiciary Committee for appropriate dren. The governor of the State of would respond. action. Texas has the power to give her a 30- My question is what impact this will Mr. Speaker, I yield back the balance day extension, and I would hope that have on someone minding their own of my time. our voices will be heard. business, sitting at a stoplight, that Mr. SENSENBRENNER. Mr. Speaker I want to thank the gentleman from gets rear-ended by someone headed to I yield myself the balance of my time. New Orleans in an automobile acci- Virginia (Mr. SCOTT) and the gen- Mr. Speaker, after listening to the dent, simple negligence, with insur- tleman from Michigan (Mr. CONYERS) gentleman from Michigan, I am a little for their willingness to sign on to a let- ance. Does the innocent party now bit confused. Because last week, the ter asking for that petition to be have to pay their own medical bills, or Congress appropriated almost $52 bil- heard, and I would ask other Members is there some provision in the bill that lion without a hearing. Right before of Congress to do likewise. allows the insurance to still be avail- Labor Day, the Congress appropriated Mr. Speaker, I have expressed my able to pay the medical bills? $10 billion without a hearing. views on the Katrina Volunteer Protec- Mr. SENSENBRENNER. Mr. Speak- Today, I had scheduled three tion Act and I hope, as the gentleman er, will the gentleman yield? Katrina-related bills for markup in the Mr. SCOTT of Virginia. I yield to the from Michigan (Mr. CONYERS) said, Judiciary Committee. They were not gentleman from Wisconsin. ready by our 24-hour deadline, and the that we could work on this together. Mr. SENSENBRENNER. Mr. Speak- gentleman from Michigan objected to Mr. SENSENBRENNER. Mr. Speak- er, the bill says that if the driver of the that, so I called off that markup, and er, I yield 2 minutes to the gentleman car is operating as a volunteer without we are going to have to do that next from Louisiana (Mr. BOUSTANY). compensation and acting in good faith, Mr. BOUSTANY. Mr. Speaker, I week. Otherwise we would have it on the provisions of the bill apply. thank the chairman for yielding me Mr. SCOTT of Virginia. Mr. Speaker, the floor much more promptly. this time. reclaiming my time, in this case, if the The fact of the matter remains that Mr. Speaker, one of the great success volunteer is hit and has an automobile these people need to have the immu- stories in this tragedy is the fact that accident, fully insured, you lose the in- nity for liability in order that they can thousands of volunteers from across surance, the innocent victim is now volunteer and effectively deliver their the country responded to the needs of subject to pay his own medical bills. volunteer services. The gentleman the victims. Physicians and nurses and Where, ordinarily, there would be com- from Michigan (Mr. CONYERS) and the other medical volunteers, health care pensation for the automobile accident, other opponents of this bill have come professionals, volunteered their spe- that is lost. These are people who could up with a litany of horrors that this cialized skills to come to the aid of the be in States not even affected, just sit- bill would allow criminal conduct to be victims of Katrina. Their efforts have ting at a stoplight. immunized, and that is not the case. ensured that these victims receive Usually, when we have these immu- This bill specifically does not apply much-needed care and assistance, but nity bills, we provide that the insur- in any way to protect those whose will- many more have been hesitant to take ance in an automobile accident, the in- ful, wanton, reckless or criminal con- part because they were threatened by surance would apply. This would ex- duct causes injury; nor does it apply to the specter of lawsuits. empt the insurance. I think it is one of those who violate the Federal or State I know this to be a fact. I was on the the problems of bringing bills like this civil rights laws when injury occurs. ground there in Louisiana. I helped to to the floor without going through Now, today we have a chance to cast organize much of the medical relief ef- committee. I think we could have fixed a vote in favor of our volunteers, our fort, and this is a fact, that many were that. volunteer individuals and those non- hesitant to come to the aid. profit organizations who have stepped Rules protecting good Samaritans b 1200 up to the plate to provide essential re- vary greatly between States, and it is Mr. CONYERS. Mr. Speaker, I think lief services to the people who have often unclear what legal protections the gentleman from Virginia’s example been affected by Hurricane Katrina; or

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20190 CONGRESSIONAL RECORD—HOUSE September 14, 2005 we can send it back to committee and The SPEAKER pro tempore. Is there ual solicitations online. Additionally, have more hearings. objection to the request of the gen- statistics show that 67 percent of all Well, by the time those hearings are tleman from Wisconsin? victims of sexual assault were juve- over with, I am sure the first series of There was no objection. niles under the age of 18, and 34 percent frivolous lawsuits will be filed; and be- f were under the age of 12. lieve me, the next time there is a dis- In June of this year, the Sub- CHILDREN’S SAFETY ACT OF 2005 aster, hopefully not of the magnitude committee on Crime, Terrorism and of Hurricane Katrina, there will be a The SPEAKER pro tempore. Pursu- Homeland Security held a series of lot of organizations and a lot of indi- ant to House Resolution 436 and rule three hearings on child crimes issues, viduals who will be afraid to volunteer XVIII, the Chair declares the House in focusing on violent crimes against chil- to do what they want to do and do the Committee of the Whole House on dren, sexual exploitation of children, what they can do best, because they do the State of the Union for the consider- and the Sex Offender Registration and not want to spend the rest of their ation of the bill, H.R. 3132. Notification program and related legis- lives in court. b 1206 lative proposals. Pass this bill. On July 30, the Judiciary Committee Mr. PORTER. Mr. Speaker, I rise today in IN THE COMMITTEE OF THE WHOLE considered this bill and ordered it fa- strong support of H.R. 3736, Katrina Volunteer Accordingly, the House resolved vorably reported by an overwhelming Protection Act. This legislation will provide itself into the Committee of the Whole vote of 22 to 4. much needed legal protection for those chari- House on the State of the Union for the Mr. Chairman, there are over 550,000 table Americans volunteering in the Hurricane consideration of the bill (H.R. 3132) to sex offenders in the country; and it is Katrina rescue and recovery effort. make improvements to the national conservatively estimated that at least It is imperative that when thousands of self- sex offender registration program, and 100,000 of them are lost in the system, less volunteers respond to those who have in- for other purposes, with Mr. SIMPSON in meaning that nonregistered sex offend- curred the wrath of a natural disaster that the chair. ers are living in our communities and legal liability need not be hanging over their The Clerk read the title of the bill. working at locations where they can, heads. The CHAIRMAN. Pursuant to the and likely will, come into contact with Currently, there is vast uncertainty from rule, the bill is considered as having our children. state to state about what defines legal protec- been read the first time. This is simply unacceptable, and the tions for volunteers, especially when volun- Under the rule, the gentleman from legislation specifically targets this teers from one state travel to another to help Wisconsin (Mr. SENSENBRENNER) and problem to enhance the safety of Amer- out their fellow citizens. the gentleman from Virginia (Mr. ica’s families and communities. The Under current law volunteers who are not SCOTT) each will control 30 minutes. Children’s Safety Act will make much working with an official nonprofit organization The Chair recognizes the gentleman needed reforms to the Sex Offender and are not covered by the Volunteer Protection from Wisconsin (Mr. SENSENBRENNER). Registration program by expanding the Act. Therefore, there are absolutely no legal Mr. SENSENBRENNER. Mr. Chair- scope and duration of sex offender reg- protections for the average American who man, I yield myself such time as I may istration and notification requirements wishes to volunteer. consume. to a larger number of sex offenders. This legislation will correct that gap in the I am pleased to bring to the House The legislation also requires States law while at the same time continue upholding floor today H.R. 3132, the Children’s to provide Internet availability of sex the penalties against those who act in a willful, Safety Act of 2005. offender information, requires timely reckless or criminal manner or who violate a I introduced this legislation on June registration by sex offenders, and then State or Federal civil rights law. 30 in a bipartisan effort to address the enhances penalties for their failure to Further if a volunteer’s home State has a growing epidemic of violence against register and increases the disclosure law on its books that provide greater liability children and the need for greater pro- requirements regarding their where- protection, then this legislation would defer to tection from convicted sex offenders abouts. those stronger protections. through State registration and notifi- The bill authorizes United States This legislation will clear the way for all cation programs. marshals to apprehend sex offenders those Good Samaritans, who live in our great This year our country has been who fail to register and increases Nation, not to have to worry about lawsuits shocked by a series of brutal attacks grants to States to apprehend sex of- when they volunteer. against children at the hands of con- fenders who are in violation of reg- Mr. Speaker, I am proud to support this leg- victed sex offenders. In June, our Na- istration requirements contained in islation. tion was horrified by the kidnapping the legislation. Mr. SENSENBRENNER. Mr. Speak- and murders of members of the Groene Additionally, H.R. 3132 would author- er, I yield back the balance of my time. family by a convicted sex offender. ize demonstration programs for new The SPEAKER pro tempore (Mr. Two well-publicized tragedies earlier electronic monitoring programs such FOLEY). The question is on the motion this year in Florida, in which 9-year- as anklets and global position system offered by the gentleman from Wis- old Jessica Lunsford and 13-year-old monitoring, which will require exam- consin (Mr. SENSENBRENNER) that the Sarah Lunde were murdered by con- ination of multijurisdictional moni- House suspend the rules and pass the victed sex offenders further underscore toring procedures. bill, H.R. 3736. the need for quick congressional action H.R. 3132 also revises the use of DNA The question was taken; and (two- to address the danger posed by individ- evidence; increases penalties for vio- thirds having voted in favor thereof) uals who prey on children. lent crimes committed against chil- the rules were suspended and the bill In addition to the widely reported dren, and sexual exploitation of chil- was passed. tragedies that have rightly brought dren; streamlines habeas review; State A motion to reconsider was laid on this issue to the forefront, the statis- death penalties are imposed against the table. tics regarding the frequency with child killers; and protects foster chil- f which such heinous crimes occur are dren by requiring States to perform staggering. Statistics show that one in more complete background checks be- GENERAL LEAVE five girls and one in 10 boys are sexu- fore approving a foster or adoptive par- Mr. SENSENBRENNER. Mr. Speak- ally exploited before they reach adult- ent program and placement. er, I ask unanimous consent that all hood. Yet less than 35 percent of the in- This legislation is strongly supported Members may have 5 legislative days cidents are reported to authorities. by America’s Most Wanted, John within which to revise and extend their According to the Department of Jus- Walsh; Ernie Allen from the National remarks and include extraneous mate- tice, one in five children between the Center for Missing and Exploited Chil- rial on H.R. 3132. ages of 10 and 17 receive unwanted sex- dren; Robbie Calloway from the Boys

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20191 and Girls Clubs of America; and many In one actual case, a teacher was to work together to provide a similar victims and representatives of victims reading the names of offenders to grade system for State offenders where we organizations. school students in an apparent effort to could significantly reduce child victim- The courage of some, such as the fa- protect them, when one student blurt- ization by assuring access to effective ther of Jessica Lunsford, to speak out ed out the question to another student: treatment for all. on this important issue in the face of ‘‘Is that not your father?’’ Now there are provisions in this leg- unmistakable grief is truly admirable. This victimizes the victim twice and islation that are not based on research They have provided critical input may well discourage offense reporting or sound reasoning like the death pen- throughout the process and have urged that is already considered very low in alty, mandatory minimums, both of Congress to enact this legislation as these situations. Many offenders iden- which have been studied and shown not quickly as possible. tified on the Internet will not only be- to have any effect on crime. We also Mr. Chairman, the time to protect come unemployed and unemployable have the anomaly in this because it is our Nation’s children from sexual pred- because of that notoriety, but they Federal legislation that because Indian ators in our communities and online on may also have to leave their home to reservations, their sole access to courts the Internet is now. avoid embarrassment or other con- is the Federal system, they will all be The scope of this problem requires a sequences to themselves and their fam- under the Federal system but most swift congressional response, and I ilies, and having done that, may just others will not. So it will have a dis- urge Members of this body to move go underground and not bother to reg- proportionate effect against Native swiftly to help protect America’s chil- ister again. Americans. dren from violent sexual offenders. Where an offender clearly represents Now, day by day we are seeing more Mr. Chairman, I reserve the balance a threat to the public, perhaps the con- and more evidence that the death pen- of my time. sequences to the victims and their fam- alty administration is fraught with Mr. SCOTT of Virginia. Mr. Chair- ily members cannot be avoided; but mistake, racial discrimination and it is man, I yield myself 7 minutes. where the individual clearly does not applied in an arbitrary way. We have Mr. Chairman, we all abhor the hor- present a threat to the public, inform- also seen the mandatory minimums have been shown to waste the tax- rific cases of child murders or sex of- ing the general public may do more payers’ money, been racially discrimi- fenses committed by those who are ref- harm than good. natory, and the Judicial Conference re- erenced in the bill. But the question Law enforcement and child-serving minds us every time we have a manda- before us is whether what we are doing authorities should have access to the tory minimum for consideration that in the bill will actually reduce the inci- information. Until they have reliable mandatory minimums violate common dence of child molestation or actually information to show that the impact of sense compared to traditional sen- increase it. the Internet will actually reduce the We should certainly seek to avoid en- tencing approaches. incidence of child molestation, we This bill includes a 5-year mandatory acting legislation that expends scarce should be circumspect on how we use resources in a manner that is not cost minimum for any technical violation this information. involved in registration. For example, effective or that exacerbates the prob- Now, we have taken a step in the lem. It is clear that having police su- if you are already registered and you right direction in the bill by encour- attend the local community college pervision and police awareness of the aging those States and localities that but forgot to recognize that the com- location and identification information are not already doing so to consider munity college is in a different juris- about sex offenders is appropriate and whether there are offenders who should diction and you should have registered helpful. be required to register, but may not there, too, well, that offense is subject But it is not clear that putting that have to be put on the Internet. to a 5-year mandatory minimum. Not- information indiscriminately on the withstanding the fact that the original Internet, regardless of the dangerous- b 1215 offense was 15 years ago, was a mis- ness of the individual, with no guid- I am pleased, Mr. Chairman, that the demeanor for which no time was im- ance or restriction of what people gentleman from Wisconsin (Mr. SEN- posed, it is a 5-year mandatory min- should do with the information, it is SENBRENNER) has indicated his willing- imum for the technical violation of not unclear whether that is helpful or ness as the bill moves towards con- registering correctly. harmful. ference to continue to look for ways we Another provision that is in the bill There have been incidents of vigi- might support the States and localities that will not have much effect on re- lantes and other activities where of- who are already making such assess- ducing child molestation is eliminating fenders have actually been driven un- ments while encouraging those who are the access to habeas corpus. That will derground, so you actually do not not making those assessments to do so. not reduce sex crimes. All of these are know where they are. That is certainly There are effective things we can do, good, politically appealing sound bites not good for children. And try to sell and hopefully we will have amend- that will help politicians get elected your home when a sex offender moves a ments that will deal with this. Because but which have no evidence that they few blocks away. Are children actually research has shown that intensive, will actually reduce the incidence of helped by that? That would be a nec- therapeutic sexual offender treatment child molestation. essary problem; but there is no evi- cuts sexual offense recidivism in half. This bill will cost over $500 million dence that putting that information on Fortunately, the evidence is that, even over the next few years. We need to the Internet actually reduces the inci- without the treatment, recidivism is make sure that when we spend that dence of child molestation, so the real low amongst sexual offenders of chil- kind of money that we actually do estate prices all over the neighborhood dren. This is not what the legend is, something constructive. Here we have go down. but the facts are that a recent study by a bill with mandatory minimums, Now, research shows that 90 percent the Department of Justice showed that death penalties that have been shown of sex offenses against children involve the rearrest rate among child molest- that have nothing to do with reducing either family members or someone well ers is 3.3 percent, much less than the crime, it is primarily focused on Native known to the victim. So when you put recidivism rate of other criminals. Americans, and I would hope that we names and addresses on the Internet, 90 Any recidivism rate is too high, so I would support amendments to elimi- percent of the offenses are not even am pleased that we are working to- nate such extraneous matters on the covered. We also have the situation gether to fashion a provision that will bill so we can concentrate the $500 mil- where those on the Internet are ostra- assure that all sex offenders in the Fed- lion on effective crime-reducing ap- cized and subjected to public notoriety, eral system will receive appropriate, proaches. embarrassment, ridicule, and harass- effective treatment prior to their re- Mr. Chairman, I reserve the balance ment. lease; and I hope that we can continue of my time.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20192 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Mr. SENSENBRENNER. Mr. Chair- released; and when he was released, be- desire to protect all our children from man, I yield 5 minutes to the gen- cause he had committed that act as a predators, and I am confident that I tleman from Wisconsin (Mr. GREEN). juvenile, the record was sealed. Law speak for all Members when we say Mr. GREEN of Wisconsin. Mr. Chair- enforcement was not allowed to notify that each new abduction brings a con- man, I thank the gentleman for yield- the community that they were having cern, an outrage that we all feel. ing me time. More importantly, I released back into the midst of this Child molesters prey on those that thank the gentleman for his great lead- community a sex offender, a dangerous are most vulnerable in our society, and ership on the subject of child safety. sex offender. The assailant went on to we must stop them. But how can we Mr. Chairman, when I came to this hold himself out as a youth minister; stop them if we are primarily creating House I hoped that I would have the and, as you can guess, he preyed upon 36 new mandatory minimum criminal chance to make a difference in the area a number of children, destroyed lives, penalties that are completely arbi- of crimes against kids, and thanks to damaging families and causing so trary, that have been shown to be inef- the leadership of the gentleman from much terror. fective at reducing crime, and a con- Wisconsin (Mr. SENSENBRENNER) I have In fact, Amie Zyla was not notified of summate waste of taxpayer money? had this opportunity. In fact, we have the release of this man until she saw But that is not the only reason. all had this opportunity. him on TV, actually saw him on the Thanks to mandatory minimum sen- We have made great strides in recent news, and there was his face and she re- tences, almost 10 percent of all inmates years: the Amber Alert System; two alized for the first time that the man in the Federal and State prisons are strikes and you are out for child mo- who had done so much damage to her serving life sentences, an 83 percent in- lesters; the Debbie Smith Act which we was back out on the street right where crease since 1992. In two States, New passed last session which will make she was. York and California, 20 percent of the sure that our DNA databases are up to Under this bill, we say that if the people in prison are serving life sen- date and more usable and we will have crime committed by the juvenile of- tences. And what do we have to show better training and education for those fender was so serious that it would for these statistics? Well, a system health care professionals and law en- have qualified for reporting under the that currently houses more than 2 mil- forcement professionals who work in sex offender registry if he were an lion Americans, almost four times the this field. adult, then that means that law en- number of individuals incarcerated in But, sadly, we have been reminded in forcement has the ability, not the obli- 1985, at a cost of $40 billion to run and recent months that despite all the gation but the ability, to notify the operate. We create additional new death pen- work that we have done we have a long community when that sex offender is alty eligibility offenses. This spring, way to go. Dru Sjodin, Jessica released back into the community. 120 death row inmates were exonerated Lunsford, Sara Hunde and, sadly, other That is about giving tools to our par- due to proof of their innocence. So, in names have reminded us painfully, ents, to our families, to our commu- the end, if we are truly serious about tragically that there is a lot of work to nity leaders, to those organizations protecting our children from acts of do. that are so important to us, giving sexual exploitation and violence, we The Children’s Safety Act is, in my them the tools to prevent these acts have got to turn to prevention. We view, a great stride towards doing what from occurring again; and nothing is have got to use preventative solutions we can and what we must to protect more important. that really try to get to the root of the our kids from those who would prey Now, Mr. Chairman, a lot of numbers problem instead of after-the-fact crimi- upon them. have already been tossed around and nal penalties that do not address the First off, it has tough penalties. It will be tossed around in the coming de- issue. does have tough penalties. It does have bate. You have heard one out of five Do these sick people check the stat- mandatory minimums, because I be- girls has been sexually exploited before utes to find out what the newest pen- lieve and so many people believe that reaching adulthood. We have heard alties are or whether they are manda- we have to send a clear, unmistakable that 67 percent of all victims of sexual tory or not or whether they can carry signal that those who prey upon our assault are juveniles. But I want to additional incarceration terms? I doubt kids will not be tolerated. suggest to you that this is not about it. Secondly, we increased the size of the the numbers and that people will toss Finally, we have people that have DNA database, which means that we around the numbers, but we cannot tell written, professionals, scientific re- give to law enforcement professionals if those numbers are accurate because searchers treatment professionals, the tools they need to track down we know that these crimes are the child advocates, who have serious res- these monitors and to put them away, most underreported crimes in society. ervations about this measure, H.R. to put them behind bars. My guess is and most experts will tell 3132. And, third, and I believe most impor- you that the damage that is done, the From the Center on Child Abuse and tantly, we expand the use of the sex of- number of crimes is far in excess of any Neglect, the Editor-in-Chief on Child fender registry and increased notifica- of the studies that are out there. More Maltreatment, the Journal of Amer- tion requirements. We take that reg- importantly, numbers do not tell the ican Professional Society of the Abuse istry system nationwide, we make it true story. Each child who is attacked of Children, the Director of Crimes accessible online, and we close up some and assaulted by one of these offenders Against Children Research Center, the of the loopholes that, sadly, have led to represents a life damaged, an inno- National Crime Victims Research and some of the crimes that we have all cence stolen, and, all too often, sadly, Treatment Center, Dr. Friedrich of the heard about. tragically, a family destroyed. Mayo Clinic and Mayo Medical School, I would like to speak briefly about Mr. Chairman, we need to pass this from the Board of Directors Associa- one of those loopholes that people in legislation. We need to give tools to tion of the Treatment of Sexual Abus- my home State of Wisconsin have community leaders and to parents to ers, all these letters have poured in learned about tragically. The situa- make sure those acts never occur urging that we put more prevention tion, the case, the story of Amie Zyla again. There is so much we have ac- into this measure rather than less. which has led to the Amie Zyla provi- complished in the last few years. There Please let us turn this measure back. sions in this bill. is so much left to do. We do that with Mr. SENSENBRENNER. Mr. Chair- The case of Miss Zyla, she was a the Child Safety Act. man, I yield 11⁄2 minutes to the gen- young girl in the county of Waukesha, Mr. SCOTT of Virginia. Mr. Chair- tleman from Florida (Mr. KELLER). Wisconsin, when she was assaulted bru- man, I yield 4 minutes to the gen- Mr. KELLER. Mr. Chairman, I thank tally by a young offender. He was found tleman from Michigan (Mr. CONYERS). the gentleman for yielding me time. guilty. He was sentenced to a juvenile Mr. CONYERS. Mr. Chairman, I come Mr. Chairman, I am a co-sponsor of facility. But when he turned 18 he was reluctantly before you to re-express my the Children’s Safety Act because we

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20193 must crack down against child molest- buried alive by a convicted sex offender mother and father as they put their ers by making sure they serve longer who lived 150 feet from her home. Law children on school buses every morning sentences and by requiring sex offend- enforcement officials had lost track of during the school year. From the ers who fail to comply with registra- her murderer and were unaware that he countless phone calls, letters, and e- tion requirements to go back to jail worked at her school. mails pleading to protect our kids from where they belong. Mr. Chairman, when I worked in the sex predators, we know these protec- b 1230 White House, we worked on passing tions to our children in the Children’s Megan’s Law. That law was effective Safety Act are a priority to our Nation The best way to protect young chil- because it used the right technology at and our people. dren is to keep child predators locked that point to help ensure the safety of Keeping our children safe from preda- up in the first place because someone our children. This legislation, with this tors should be all of our priorities here who has molested a child will do it type of technology, builds on the in the United States Congress. We again and again and again. progress we made under Megan’s Law know that child molesters, after they Earlier this year, two young girls to protect our children. leave the penitentiary, most of them from my home State of Florida, 9-year- To utilize this new technology and to do it again. old Jessica Lunsford and 13-year-old make our children safer, I introduced In this country, we are able to track Sarah Lunde, were abducted, raped and H.R. 3407, the Jessica Lunsford and a cow from the time it is born as a calf killed. In both cases, the crimes were Sarah Lunde Act, with companion leg- to the time it ends up on the supper committed by convicted sex offenders islation in the Senate with Senator table somewhere in the United States who were out on probation. Coddling NELSON. as a steak. We do that because of pub- pedophiles with rehabilitation and self- Similar to programs already under lic safety. Now we are going to track esteem courses does not work. Locking way in some States, the system would child molesters when they leave the them up works. utilize electronic technology, such as penitentiary. We will track them in- This law imposes a mandatory min- GPS, to track sexual predators upon definitely because of public safety. imum punishment of 30 years for those their release from prison. There is no Children should be at least as impor- who commit violent sexual crimes opt in or opt out. It would be a system tant as cattle. against children, as well as a minimum to track them within 10 feet of their lo- As a co-author and cosponsor of the punishment of life in prison or a death cation at any time. Children’s Safety Act, as a former sentence when that crime results in I am pleased that the gentleman judge in Houston, Texas, I urge my col- the child’s death. from Wisconsin (Mr. SENSENBRENNER) leagues on both sides of the aisle to lis- This legislation also cracks down on has included an electronic monitoring ten to their constituents, listen to the those sex offenders who refuse to follow pilot program in the Children’s Safety people of this country, vote in favor of registration requirements. Nearly Act. Furthermore, I am pleased that safety for American children. The days 100,000 sex offenders remain unregis- the chairman is also willing to address of child molesters running and hiding tered and are moving freely about the some of the other issues we discussed are over. country. This legislation will make it a in the manager’s amendment. Mr. SCOTT of Virginia. Mr. Chair- Federal crime for those sex offenders I would also like to thank the gen- man, I yield 3 minutes to the gen- who fail to register and will send them tleman from Indiana (Mr. BURTON) for tleman from North Dakota (Mr. POM- back to jail for another 5 to 20 years. his help in securing our amendments. EROY). It is high time that our government Mr. Chairman, the fact is our chil- Mr. POMEROY. Mr. Chairman, I cracks down on child molesters by im- dren are not as safe as they could be. thank the gentleman for yielding me plementing these commonsense re- This bill, the Children’s Safety Act, is time. forms, and I urge my colleagues to vote an important step toward ensuring Mr. Chairman, I rise in strong sup- ‘‘yes’’ on H.R. 3132. their safety and using the technology port of the Children’s Safety Act of Mr. SCOTT of Virginia. Mr. Chair- that is available today in the market- 2005. I commend the gentleman from man, I yield 21⁄2 minutes to the gen- place to ensure our law enforcement Wisconsin (Mr. SENSENBRENNER) for tleman from Illinois (Mr. EMANUEL). community has all the tools that are this legislation and appreciate very Mr. EMANUEL. Mr. Chairman, I necessary to protect our children. much the bipartisan way in which he would like to thank my colleague for I support this bill and hope that my has worked with me in developing this the time. colleagues will join me and quickly legislation and in listening to the con- Mr. Chairman, I rise in support of pass this legislation. cerns that I have brought from experi- H.R. 3132, the Children’s Safety Act. I Mr. SENSENBRENNER. Mr. Chair- ences in our region. want to thank the gentleman from man, I yield 3 minutes to the gen- Deviant sexual predators have clear- Wisconsin (Mr. SENSENBRENNER) for ad- tleman from Texas (Mr. POE). ly shown us that sex offenders do not vancing this legislation. Mr. POE. Mr. Chairman, I want to stop at State lines, and neither should It is unfortunate, but our children thank the gentleman from Wisconsin our sex offender laws. The Children’s are not as safe as they could be. There (Mr. SENSENBRENNER) for sponsoring Safety Act is a comprehensive, bipar- are nearly 550,000 registered sex offend- this legislation. I am glad to be a co- tisan child safety bill that brings uni- ers here in the United States, one for author/cosponsor of the legislation. formity to our current sex offender reg- nearly every 200 children. Worse, many The burden victims carry does not go istry system and increases penalties of these individuals are able to slip away when the headlines do. The Chil- for those who prey upon our children. through the cracks and become lost to dren’s Safety Act has important pre- The urgent need for a national sys- law enforcement because many of these ventative measures, but it also insti- tem is clearly and tragically dem- do not register; and when they move, gates appropriate response after a cit- onstrated by the case of Dru Sjodin. States do not reregister. A 2003 inves- izen has been victimized. Dru Sjodin was a lovely young woman, tigation found in California alone 33,000 The Children’s Safety Act provides a senior at the University of North Da- registered sex offenders could not be tough tools to keep predators account- kota, where she was holding down two accounted for. able and their whereabouts known by jobs. She was an exceptional student, a Studies indicate that the recidivism the rest of us. There is one thing that leader in our community. She was ab- rate for child molesters is as high as 13 a predator wants more than anything ducted from a shopping center parking percent. else and that is to remain anonymous, lot in broad daylight on a Saturday Consider the horrific case that all of to sneak in and out of our communities afternoon nearly 2 years ago. us have read about recently of 9-year- and commit their criminal ways. This type of disappearance never hap- old Jessica Lunsford. Jessica was ab- The issue of protecting our children pens in our part of the country, and it ducted from her home, raped and then from predators is on the minds of every traumatized the whole community.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20194 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Thousands spent weeks trudging I have said repeatedly that in this with Ernie Allen, with the Center for through snow banks in the worst country we track library books better Missing and Exploited Children, rep- weather we ever saw searching for Dru. than we do sex offenders. This bill, resentatives of the Boys and Girls Club Well, 5 months later, her dead body was thanks to the good efforts of the gen- as well, and parents of children who found in a ravine just outside of tleman from Wisconsin (Mr. SENSEN- have been killed by sex offenders. Crookston, Minnesota. BRENNER) and others, seeks to correct This Children’s Safety Act of 2005 It just so happens the investigation that. does, in fact, close the gaps. It tightens has revealed that a recently released This bill is not a knee-jerk reaction. the ability to track down where con- Level III sex offender from Minnesota We have worked over 1 year on this leg- victed sex offenders are living and to named Alfonso Rodriguez, Jr., was islation with the National Center For improve the ways we notify our neigh- charged with Dru’s kidnapping and Missing and Exploited Children, the borhoods and our school districts when murder. He was living in Minnesota. U.S. Department of Justice, and other convicted sex offenders choose to live We did not know of his existence in Federal agencies. in our community. North Dakota. He was registered as a It is horrific that in this country we I am pleased that the gentleman sex offender only in the State of Min- are experiencing these untold tragedies from Florida’s (Mr. FOLEY) legislation nesota. throughout our Nation; but we can do and my legislation was effectively in- This tragic example illustrates why better, and in this bill we will do bet- cluded in title I of the bill we are con- we have to have a comprehensive re- ter. sidering today. When watching the sponse here, a nationwide Internet I would like to thank the gentleman news for the past 2 years, it is sick- available, a registry system that fami- from Wisconsin (Mr. SENSENBRENNER) ening to see of how many communities, lies can access. It provides the kind of and his staff, Mike Volkov, for working how many neighborhoods, how many tirelessly to produce this comprehen- information in terms of where these parents are terrorized because sex of- sive child protection legislation. This high-risk offenders are living, where fenders are back in their neighbor- bill has indeed many fathers and moth- they are working, going to school, hoods. ers. It is for the children, though, that what kind of vehicle they are driving. I know from being a district attorney People need this information to keep we work and we labor. I have often said this bill is a labor of that our States have done a lot to cor- their children safe, and that is why I rect the gaps, but more needs to be am proud to be a cosponsor of this bill love. Yet it is a labor of shame that we have these kinds of incidents of vio- done. As a father, I do not want to see and pleased that the chairman has des- a child of mine victimized in that way, ignated in the legislation this registry lence and tragedies affecting our kids. and I want to put myself in the shoes of in memory of Dru Sjodin, the Dru I would like to thank Bradley those parents who had to experience Sjodin National Sex Offender Registry. Schreiber, my legislative director, who The bill also has tough requirements has worked so many hours in trying to this dreadful victimization. for complying with keeping the reg- perfect and work alongside staff to We must support this legislation istration information current so that make this legislation possible; Ernie today because the Children’s Safety the information on there is of value to Allen from the National Center for Act will increase and tighten super- families. It also has tough sanctions Missing and Exploited Children; John vision of those sex offenders and will for those who would harm our children Walsh from America’s Most Wanted, enhance uniform notification standards and, finally, Federal dollars to assist who has led a crusade for well over 20 for tracking sex offenders. I strongly local police departments in making years since the death of his beautiful believe that this comprehensive bill fi- certain that people are complying with son Adam in Florida. John Walsh has nally will give law enforcement officers their registry requirements. brought a scrutiny to child protection the tools and resources they need to I believe that this legislation is a legislation unlike any other human track these criminals and to protect comprehensive response to a signifi- being. our children and families. cant public policy need, and I urge the Finally, and most important, I want b 1245 adoption of this. Families need this to recognize the victims’ parents. It is Mr. Chairman, I strongly urge my protection. their hard work and determination, Mr. SENSENBRENNER. Mr. Chair- their tears and their frustration, and colleagues to adopt the Children’s man, I yield 3 minutes to the gen- their fears for their other children that Safety Act. Mr. SENSENBRENNER. Mr. Chair- tleman from Florida (Mr. FOLEY). has brought this bill to the floor so Mr. FOLEY. Mr. Chairman, as co- quickly. They took away from their man, I yield 1 minute to the gentle- chairman of the Congressional Missing own tragedies a chance to help fellow woman from Ohio (Mrs. SCHMIDT). and Exploited Children’s Caucus and an Americans protect other children; and Mrs. SCHMIDT. Mr. Chairman, I original author of the Sex Offender for that we are entirely grateful. thank the gentleman from Wisconsin Registration and Notification measure Mr. Chairman, these are not petty (Mr. SENSENBRENNER) for yielding me included in this bill, I rise in strong criminals. These are sex offenders, and this time. I appreciate the gentleman’s support of H.R. 3132, the Children’s they must be dealt with accordingly. work on this important legislation Safety Act of 2005. Mr. SCOTT of Virginia. Mr. Chair- that will help protect our Nation’s Mr. Speaker, we have all heard the man, I yield 2 minutes to the gen- children. names: Jessica Lunsford, Jetseta Gage, tleman from Alabama (Mr. CRAMER). Mr. Chairman, I rise in strong sup- Sarah Lunde, Megan Kanka, Jacob Mr. CRAMER. Mr. Chairman, I thank port of H.R. 3132, the Children’s Safety Wetterling, just to name a few. All my friend from Virginia very much for Act. As we are hearing today, there is beautiful children carrying with them the time. an epidemic of violence against our Na- the hopes and dreams of every young Mr. Chairman, I rise today in strong tion’s children. Almost weekly we hear child in this country. All taken away support of H.R. 3132, the Children’s of another tragic report of sex offend- from their parents and their futures, Safety Act of 2005. I am proud to have ers preying on children. We all remem- killed by sex offenders. been an original cosponsor of this legis- ber Jessica Lunsford, age 9, who was This is an important piece of legisla- lation, and I thank the gentleman from buried alive and murdered. Jessica’s tion we are faced with today. It is prob- Wisconsin (Mr. SENSENBRENNER) for in- mother lives in my congressional dis- ably one of the most tragic things any corporating a piece of legislation that trict. family will ever deal with. While the gentleman from Florida (Mr. Tragically, one in five girls and 1 in Katrina, the hurricane, and Judge Rob- FOLEY) and I proposed last year, the 10 boys is sexually assaulted before erts are much in the headlines, below Sex Offenders Registration and Notifi- adulthood. One of every six sexual as- the fold seems to be daily an occur- cation Act. sault victims is under the age of 6. rence of a violent act against our chil- The gentleman from Florida (Mr. This is an issue that is very impor- dren. It is time we get tough. FOLEY) and I stood with John Walsh, tant to me. My home State of Ohio has

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20195 made significant improvements to its abuse, abduction, and murder of children. It is ineffective death penalty to crimes where the sex offender registration and notifica- clear that we need to protect children from victim’s death is not even intentional is not tion system. As a legislator in the Ohio sexual predators and pedophiles through only illogical, it is immoral. The government’s General Assembly, I authored legisla- stronger laws and better enforcement. I realize job is to prevent crime and punish criminals, tion, now Ohio law, that requires law that voting against a bill with a title as attrac- often severely. But killing citizens in order to enforcement to notify neighbors who tive as this is easily misunderstood and exact retribution is inappropriate for a govern- live within a thousand feet of a sexual mischaracterized. But I have never been one ment that seeks to be moral. predator. I sought this change from to vote for form over substance, nor to shy We do need a Child Safety Act, but it prior law after a sexual predator moved away from standing up for what is right re- should be a real one. We need sensible pun- across the street from a school bus stop gardless of the political slings and arrows. Un- ishments and preventative measures that will in my district. fortunately, this bill will do more harm than actually reduce sexual predation, not just talk Mr. Chairman, I ask that this bipar- good, and in the balance will do precious little tough. tisan legislation be unanimously to make our children safer. I hope the Senate I am very disappointed that this bill weakens passed. will do better. sound registration requirements and penalties Mr. SCOTT of Virginia. Mr. Chair- We need a real system that gives parents by stacking them on fundamentally flawed pro- man, I yield myself such time as I may peace of mind and enables them to be aware visions. It is my hope that sensible actions to consume. of the presence of pedophiles in their neigh- protect our children are considered at the ear- During the last few minutes, we have borhood. A National Sex Offender Registry, liest possible date. heard a lot of praise of mandatory that is maintained by the United States De- Mr. STARK. Mr. Chairman, I rise in opposi- minimums. I just want to remind the partment of Justice is a very good idea that I tion to H.R. 3132, the Children’s Safety Act of House that the Judicial Conference support. Members of every local community 2005. Once again, this Congress is attempting writes us frequently and reminds us would be able to access this registry online, to address a very serious and complicated that mandatory minimums violate and be able to keep tabs on those who may problem with a law that substitutes the talking common sense. That is because if the pose harm to our children. States would notify points of ‘‘tough on crime’’ politicians for the offense requires the mandatory min- wisdom of judges, prosecutors, treatment pro- each other when sex offenders move between imum and that makes common sense, fessionals and child advocates. As a father States, and reporting requirements would be it can be applied; but if it makes no and someone who has fought for better foster uniform so that it’s easier to keep the lists cur- sense, mandatory minimums require us care, education, and health care for children, rent and accurate. This is a sensible thing that to impose that sentence anyway. I object to this ill-conceived legislation that is we should be doing to protect our children. I Many of the provisions of the bill are as much an attack on our independent judici- would be proud to support it and I hope it will crimes which we do not think would be ary as it is a bill to protect kids. subject to 5- or 10-year mandatory be addressed on the floor in a more rational Many child advocates themselves oppose minimums. There is a provision in the way. this bill because kids in grade school or junior bill that says that felonious assaults That leads me to my overriding criticism of high will be swept up alongside paroled adults against a juvenile, which could be two this bill: Its flaws are so troubling and funda- in sex offender registries. Many caught in reg- juveniles having a fist fight in the mental that it compels me to oppose passage istries would be 13 and 14 year olds. In some school yard, if it gets into a big fight, despite my support of one component part. States, children 10 and under would be reg- that that is a 10-year mandatory min- This bill creates 36 new mandatory min- istered. imum if no injury occurs. Now, of imum penalties. Mandatory minimum penalties This bill creates 36 new mandatory min- course, if an injury occurs in the fight, do not work. They discount mitigating factors imum sentences, which impose the judgment then you are talking about 20 years. I in crimes, prevent judges from meting out pun- of Congress over every case, regardless of think common sense should prevail and ishments that are tailored to the criminal, and the circumstances. The Judicial Conference of a more appropriate sentence could be have been proven discriminatory to people of the United States and the U.S. Sentencing given. color. They do not work. They may make leg- Commission have found that mandatory mini- This entire registration program that islators feel good but they have been shown mums actually have the opposite of their in- requires people to register has not been not to reduce crime rates. Even the Judicial tended effect. They ‘‘destroy honesty in sen- shown to reduce the incidence of child Conference, the group that represents Federal tencing by encouraging plea bargains.’’ They molestation. For someone who com- judges, has said that mandatory minimums treat dissimilar offenders in a similar manner, mits a crime, even as a juvenile, they violate common sense. Let me explain how even though there are vast differences in the will be subject to lifetime registration. just one of the new minimums will make us seriousness of their conduct and their danger There is no suggestion and there is no less safe, instead of more. If a previously con- to society. Judges serve a very important role evidence that that reduces crime. It victed but released sex offender commits a in criminal justice, and Congress should not may actually increase crime. technical violation of the reporting require- attempt to do their job for them. We know that 90 percent of the of- ments—for example, they miss the registration Finally, this bill expands the death penalty, fenses against children were people deadline by a day or a week—they would re- which is not a deterrent, costs more to imple- that would not be covered by the legis- ceive a mandatory 5-year sentence. There is ment than life imprisonment, and runs the risk lation, and 3.3 percent of those covered no discussion, and there can be no evaluation of executing the innocent. by the legislation might offend. We by a Federal judge. Nobody, especially the parents and victims have other ways of dealing with that in The result is that sex offenders who miss of sexual abuse who have contacted me on such a way that we can actually reduce the deadline or commit other technical viola- this issue, should confuse my objections to that 3.3 as much as 50 percent. We tions will only be driven underground. Instead this bad policy with indifference to the problem ought to be focused on that. of turning themselves in, they will go under the of child sex abuse in this country. It is a huge Mr. Chairman, we need to focus on radar and into unsuspecting communities. This problem, affecting millions of American chil- the things that will actually reduce is exactly the opposite of what needs to hap- dren. Recent news stories prove that the reg- crime. This bill, many of the provisions pen. istry system isn’t working well. of it, obviously, do not; and I would Also troubling is the fact that this legislation I support aspects of this bill, including a hope that we would focus appropriately creates two additional death penalties. Yet, re- strengthened nationwide registry for pedo- to actually protect the children. search has shown that capital punishment is philes, with strict requirements for reporting Mr. HOLT. Mr. Chairman, I rise today to op- not a deterrent to crime. Let me repeat, the changes of address and punishments for fail- pose the so-called Child Safety Act, H.R. death penalty simply does not reduce crime. ing to report. I support establishing treatment 3132, because it forsakes meaningful crime Those who commit the most heinous and programs for sex offenders in prison, back- reduction in favor of ineffective solutions that terrible crimes against our children should ground checks for foster parents, funding for will only create a false illusion that our children have to face being locked away for the rest of computer systems to track sex crimes involv- are better protected from sexual abuse. their lives, where they must contemplate their ing the Internet, and, at last resort, procedures We have all read with heartbreak and anger crimes until the end of their days, without pos- for committing sexually dangerous persons to the horrible, the terrible stories of sexual ing harm to society. But expanding the already secure treatment facilities.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20196 CONGRESSIONAL RECORD—HOUSE September 14, 2005 However, I cannot violate my constitutional Jessica Lunsford, Sarah Lunde, Jetseta Gage, convicted of similar offenses. Strong sen- duty to protect our independent judiciary nor and others who have recently been killed by tencing is an essential component in any effort can I support extreme, dangerous policies, so sex offenders. I strongly support this bill and to fight crimes against children. I will vote against this bill. I hope that, working look forward to it becoming law. This legislation contains many vital provi- with the Senate, we can improve this legisla- Mr. COSTA. Mr. Chairman, I rise today to sions in protecting our children from these vio- tion and implement the policies that everyone speak in support of the Children’s Safety Act. lent predators. Our children must be protected agrees are needed without the unintended This legislation will close sexual offender reg- against repeat sexual offenders. The Chil- consequences of the bill in its current form. istration loopholes and punish offenders who dren’s Safety Act of 2005 should be passed to Mr. SMITH of Texas. Mr. Chairman, I sup- do not follow the law. keep sexual predators behind bars and our port H.R. 3132. It is an important bill that will Sadly, every year hundreds of children are children safe. help ensure the safety of American children victimized by a convicted sexual offender. Mr. GILLMOR. Mr. Chairman, I rise today in against sexual predators. Convicted predators should be put in prison strong support of H.R. 3132, the Children’s In recent months we have heard all too where they belong and kept away from our Safety Act of 2005. often about the innocent lives of children being Nation’s children. The Children’s Safety Act, Mr. Chairman, as a father and a grandfather shattered by an adult who sexually abuses the H.R. 3132, will do this. These tougher sen- I am often reminded of the dangers that sur- child. tences will lock up repeat offenders and help round my loved ones. Specifically, the growing We are all familiar with the cases, some of keep our children safe. Because we know the threat that sexual predators pose to our Na- which have been mentioned today, such as recidivism rate of sexual offenders is very tion’s children and their families represents an Jessica Lunsford who was kidnapped, held high, these longer sentences are crucial to area where our criminal justice system has captive, abused and tortured for 3 days by a protecting our children. We must hold these failed the American people. In order to effec- convicted sex offender who ultimately killed sexual offenders accountable and lock them tively protect our loved ones, we must provide her by burying her alive. up. the American public with unfettered access to And there was the case of 8-year-old Shas- A National Sex Offender Registry, which is know who these dangerous criminals are and ta Groene who was kidnapped, sexually one of the components of the Children’s Safe- where they are living. If a picture is worth a abused, and held captive for weeks by a con- ty Act, will better enable us to protect our chil- thousand words, then a comprehensive na- victed sex offender who murdered her family. dren. People have a right to know where sex tionwide publicly accessible database is worth These stories are atrocious and that is why offenders live and it is important for parents to at least that many lives. Congress is acting to further protect American have access to a national registry in order to I was pleased that Chairman SENSEN- children with the Children’s Safety Act. make sure their children are safe. BRENNER included provisions from my bill, H.R. The bill requires jurisdiction-wide sex of- In addition, to punishing sexual offenders 95, that would create a national, comprehen- fender registries containing information like and protecting our children, we must also pro- sive, and publicly accessible sex offender where the sex offender resides and is em- vide services, resources and counseling to the database into this comprehensive piece of leg- ployed or attends school. The bill requires a people who are victims of these horrible islation. Additionally, I was delighted at the sex offender to appear in person at least once crimes. Children need help healing the level of bi-partisanship that both my bill and every 6 months to verify their registration infor- wounds caused by the heinous actions of sex- today’s legislation have received and I would mation. ual offenders. We must not forget their needs. like to personally thank Mr. POMEROY from The bill also creates a new Federal crime Because the needs of victims are so crucial, North Dakota for his leadership and support. for failure to register as a sex offender and I along with Congressman TED POE and Con- Also, I would like to extend my gratitude to or- sets the mandatory minimum for that offense gresswoman KATHERINE HARRIS have formed ganizations like the Big Brothers and Big Sis- at 5 years and a maximum of 20 years. the Victims’ Rights Caucus. Through the cau- ters of America and the Safe Now Project for The bill sets other mandatory minimum sen- cus we draw attention to victim issues, work to their endorsements of H.R. 95’s national data- tences for crimes of violence against children protect funding that provides victims’ services base provision. like murder, kidnapping, maiming, aggravated and introduce legislation to assist with victims. H.R. 3132 directly addresses the short- sexual abuse, sexual abuse or where the We must not forget the victims of crimes, es- comings of our criminal justice system and crime results in serious bodily injury. pecially when they are children. aims to make our country safer and more se- The statistics surrounding child sexual Mr. GRAVES. Mr. Chairman, I rise today to cure from those that would prey on our most abuse are astonishing—1 in 5 girls and 1 in speak in support of the Children’s Safety Act vulnerable and our most prized assets—our 10 boys are sexually exploited before they of 2005. This legislation, if passed, will close children. With over 500,000 registered sex of- reach adulthood. And one of every six sexu- the loopholes in the current system that allow fenders and countless others which remain ally assaulted victims is under the age of 6. sexual predators to evade law enforcement. It unknown, law enforcement and corrections We must protect our children by every pos- will enhance the current sex offender registra- personnel will have additional resources at sible means. The Children’s Safety Act of tion and community notification law. It will cre- their disposal to prevent and solve these types 2005 will help us do so and for that reason I ate a comprehensive national system for sex of crimes. Additionally, this bill strengthens the support this legislation. offender registration, improve information ex- criminal code for sexually violent crimes and Mr. ROYCE. Mr. Chairman, I am a cospon- change between States when sex offenders creates more stringent regulations which con- sor of H.R. 3132, the Children’s Safety Act. I move from State to State, and increase pen- victed offenders must adhere to in order to en- would have voted ‘‘yes’’ on this legislation. alties for failing to comply with the registration sure proper monitoring. Americans have heard However, I am in New York City on official law. the heart wrenching stories of innocent chil- business for the House of Representatives. I I would like to commend the Chairman for dren being harmed by predators, and we must was appointed by Speaker HASTERT as a dele- bringing this outstanding package to the floor make every effort to ensure that tragedies like gate from the Committee on International Re- today. I am very grateful that the Chairman these never happen again. lations to serve as a representative to the has included several provisions from a bill that Mr. Chairman, today we must come to- United Nations General Assembly. I introduced entitled the Sexual Predator Sen- gether to make certain that our children grow H.R. 3132 will help to address loopholes in tencing Act of 2005. These provisions would up in a safe and secure environment and that current sex offender notification requirements, toughen several existing sentencing guidelines parents are unafraid to let their children play so that parents and the public can be armed and keep sex offenders off the street. in the neighborhood because they have the in- with knowledge of any sex offenders living and Provisions incorporated from my bill will in- formation they need to protect them. Knowl- working in their community. This legislation crease the criminal penalties and establish edge is power, and today we have an oppor- addresses a number of child crime issues, in- mandatory minimums for those that harm our tunity before us to supply the American public cluding registration of sex offenders, violent children whether it is over the Internet or in with the tools necessary to protect them- crimes against children, sexual crimes against person. selves, their family, and their friends against children, sexual exploitation of children, and Strong laws that hold the criminal account- those that would commit these heinous protection of foster and adopted children. The able are a vital component in the effort to pro- crimes. I urge all of my colleagues to cast Children’s Safety Act was drafted in response tect children. Those who abduct children are their vote in support of this legislation and col- to the recent horrific attacks and murders of often serial offenders who have already been lectively answer the American public’s call to

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20197 provide them with additional resources to com- supported legislation that increases penalties safe today if the police powers and budgets bat these predators before another life is lost for sexual assaults on children occurring on were under the direct and total control of the and tragedy befalls another family. Federal land. States as called for in the Constitution. Mrs. MALONEY. Mr. Chairman, I rise today However, Mr. Chairman, I cannot support Finally Mr. Chairman, this legislation poses in support of H.R. 3132, the Children’s Safety this bill because it infringes on the States’ con- a threat to constitutional liberty by taking an- Act of 2005. I can think of few offenses more stitutional authority over the prevention and other step toward creating even more Federal horrifying than sexually assaulting or abusing punishment of sex crimes. The late Chief Jus- ‘‘hate crimes’’ laws. So called ‘‘hate crimes’’ a child. Children are among our society’s most tice William H. Rehnquist and former United add an extra level of punishment for the vulnerable and it’s up to us, the adults, to pro- States Attorney General Ed Meese, two men thoughts motivating a crime—as if murder or tect them. who no one has ever accused of being ‘‘soft robbery motivated by ‘‘hate’’ is somehow more We have all heard the tragic stories about on crime,’’ have both warned that, although offensive than murder or robbery motivated by young children being kidnaped, assaulted, and creating more Federal crimes may make politi- greed or jealously. Laws criminalizing thought, too often murdered by sexual offenders who in cians feel good, it is neither constitutionally instead of simply criminalizing acts of aggres- some cases have been living in the same sound nor prudent. Rehnquist has stated that, sion against persons and property, have no neighborhoods as these kids. Tragically, many ‘‘[t]he trend to federalize crimes that tradition- place in a free society. of these offenders have committed multiple ally have been handled in state courts . . . In conclusion, Mr. Chairman, since H.R. crimes against children. According to the Na- threatens to change entirely the nature of our 3132 further burdens State and local law en- tional Center for Missing and Exploited Chil- federal system.’’ Meese stated that Congress’s forcement with unconstitutional Federal man- dren, more than 500,000 sex offenders are tendency in recent decades to make Federal dates that may make it tougher to monitor true registered in the United States and as many crimes out of offenses that have historically threats to children, I encourage my colleagues as 100,000 sex offenders cannot be located been State matters has dangerous implica- to reject this bill. Instead, I hope my col- by law enforcement. Statistics from the Bureau tions both for the fair administration of justice leagues will work to end Federal interference of Justice show that child molesters who are and for the principle that States are something in State laws that prevent States from effec- released from prison are more likely to be re- more than mere administrative districts of a tively protecting children from sexual preda- arrested for child molestation than other sex nation governed mainly from Washington. tors. and non-sex offenders. Approximately 3.3 per- H.R. 3132 not only creates new Federal Ms. SCHAKOWSKY. Mr. Chairman, I have cent of 4,300 released child molesters in 1994 programs and crimes, it instructs the States to asked for unanimous consent to be removed were rearrested for another sex crime against change their laws to conform with Federal dic- from the list of cosponsors on H.R. 3132. My a child within 3 years. For those who had tates. This violates the Constitution, and can name was added to the list unbeknownst to more than one prior arrest for child molesta- weaken law enforcement. For example, one of me and my staff due to a clerical mistake tion, 7.3 percent were likely to be rearrested the provisions of the new law requires States made by the House Judiciary Committee Ma- for the same crime. And 24 percent of re- include those convicted of misdemeanors in jority Staff. For the record, I did not ask to be leased offenders were reconvicted for a new their sex offender registries. By definition, mis- added to the list of cosponsors. offense, encompassing all types of crimes. demeanors are nonserious crimes, yet under Sexual crimes against children are terrible The legislation before us today would ac- this legislation State officials must waste valu- and reprehensible acts. I believe that it is vital complish several critical objectives including able resources tracking non-serious sex of- that we take every precaution to protect our requiring sex offenders to register more often fenders—resources that should be going to children from sexual violence and that we pun- and for longer periods of time, providing the tracking those who are more likely to rep- ish those criminals who prey on our children. public with access to more information on sex resent a real threat to children. However, I stand today in opposition to H.R. offenders, creating new penalties, and requir- Thus, once again we see how increasing 3132, the Children’s Safety Act. While I sup- ing DNA to be used to identify and prosecute the role of the Federal Government in fighting port many of its provisions, I am concerned sex offenders. However, I do share the con- these crimes—even when it is well intended— that this bill would expand the use of the cerns expressed by some of my colleagues only hamstrings local and State law enforce- death penalty, impose mandatory minimum regarding the limitations contained in the bill ment officers and courts and prevents them sentences, and punish more young people as regarding the review of habeas corpus peti- from effectively dealing with such criminals as adults. tions by Federal courts. the locals would have them dealt with—harsh- Although I believe that harsh penalties and I would like to thank Ranking Member CON- ly and finally. aggressive prosecution of sex offenders are YERS for offering an amendment today that is Mr. Chairman, Congress could both honor necessary, I oppose this bill because it would based on legislation that I have introduced, the Constitution and help States and local create at least two new death penalty provi- H.R. 1193, the ‘‘Hate Crime Statistics Im- governments protect children by using our sions. I strongly oppose the death penalty be- provement Act,’’ which would require the Attor- power to limit Federal jurisdiction to stop Fed- cause it is fraught with problems such as inad- ney General to collect data about gender- eral judges from preventing States and local equate representation for the accused, lack of based hate crimes. With accurate data, local governments from keeping these criminals off access to DNA testing, police misconduct, ra- communities can identify gender-based hate the streets. My colleagues should remember cial bias and other errors. Experts have found crimes in their area and chart their progress that it was a Federal judge in a Federal court a national error rate of 68 percent, which toward eliminating them. Moreover, the inclu- who ruled that the death penalty is inappro- means over two-thirds of all capital convictions sion of gender will send a strong message priate for sex offenders. Instead of endorsing and sentences are reversed because of seri- that gender-based hate crimes will not be tol- a bill to let people know when a convicted ous error during trial or sentencing phase. In erated. It is my understanding that Chairman child molester or rapist is in their neighbor- fact, former Illinois Governor Ryan declared a SENSENBRENNER will accept this amendment, hood after being released, perhaps we should moratorium in 2000 after 13 people were re- and I thank him as well. respect the authority of State courts and legis- leased from death row because of innocence. We must be diligent in our efforts to protect lators to give child molesters and rapists the The error rate in Illinois is 66 percent. There- children from those individuals who would life or even death sentences, depending on fore, I believe capital punishment is incon- steal their innocence, or worse, take their the will of the people of those States. sistent with Constitutional requirements of fair- lives. I am hopeful that this legislation will en- Just as the Founders never intended the ness, justice, equality and due process. hance the efforts already in place so that par- Congress to create a national police force, This bill would also create 36 new manda- ents and communities can take the necessary they never intended the Federal courts to dic- tory minimum sentences which are arbitrary, steps to ensure that their children will be safe. tate criminal procedures to the States. The ineffective at reducing crime, and unfair. The Mr. PAUL. Mr. Chairman, as an OB–GYN Founding Fathers knew quite well that it would United States Sentencing Commission found who has had the privilege of bringing over be impossible for a central government to suc- that minorities were substantially more likely 3,000 children into the world, I share the de- cessfully manage crime prevention programs than whites under comparable circumstances sire to punish severely those who sexually for as large and diverse a country as America. to receive mandatory minimums sentences abuse children. In fact, it is hard to imagine That is one reason why they reserved to the with no evidence that mandatory minimum someone more deserving of life in prison than States the exclusive authority and jurisdiction sentences had any more impact in reducing one who preys on children. This is why I have to deal with crime. Our children would likely be crime than sentences where the judges had

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20198 CONGRESSIONAL RECORD—HOUSE September 14, 2005 discretion. Judges are exercising their discre- The Children’s Safety Act would give addi- the RECORD may be offered only by the tion responsibly under advisory guidelines, tional tools to our citizens and law enforce- Member who caused it to be printed or and there does not appear to be an epidemic ment to track offenders and prevent additional his designee and shall be considered of judicial leniency. A proliferation of manda- attacks. By expanding the coverage of sex of- read. tory minimums is not the answer. fenders to include any felony sex offender and The Clerk will designate section 1. I agree that sexual abuse crimes against misdemeanor sex offenses and possession of The text of section 1 is as follows: children are serious concerns today. Unfortu- child pornography, we will be giving our par- H.R. 3132 nately, this bill takes the wrong approach. I am ents and our police the additional information Be it enacted by the Senate and House of Rep- especially concerned that this bill allows for so they are proactive on preventing sexual at- resentatives of the United States of America in more youths to be tried as adults. For exam- tacks. The Children’s Safety Act also puts into Congress assembled, ple, a 19-year-old who has consensual sex law more common sense, that sex offenders SECTION 1. SHORT TITLE; TABLE OF CONTENTS. with a 17-year-old would be treated the same should be forced to register before they are (a) SHORT TITLE.—This Act may be cited as as an older adult predator of young children. released from prison. And the Children’s Safe- the ‘‘Children’s Safety Act of 2005’’. The vast majority of children and teenagers ty Act allows states to increase the amount of (b) TABLE OF CONTENTS.— show a high response rate to treatment and information that they post on the Nation Sex Sec. 1. Short title; table of contents. often do not become adult sex offenders. This Offender Registry so families and law enforce- TITLE I—SEX OFFENDER REGISTRATION bill would mandate lifetime sex offender reg- ment officials can keep track of these preda- AND NOTIFICATION ACT istration for children and youth, and subject tors. Sec. 101. Short title. them to long prison sentences. Research I am disappointed that this bill was brought Sec. 102. Declaration of purpose. shows that young people who are prosecuted to the floor of the House with an amendment Subtitle A—Jacob Wetterling Sex Offender as adults are more likely to commit a greater expanding federal hate-crimes protections. I Registration and Notification Program number of crimes upon release than youths voted AGAINST this amendment, but sup- Sec. 111. Relevant definitions, including Amie who go through the juvenile justice system. ported the bill to further protect our children Zyla expansion of sex offender Representative CONYERS offered as an definition and expanded inclusion against sexual predators, under the assurance amendment to H.R. 3132, the provisions of of child predators. the ‘‘hate crimes’’ amendment would not sur- H.R. 2662, the Local Law Enforcement Hate Sec. 112. Registry requirements for jurisdictions. vive the Conference between the House and Crimes Prevention Act. I am an original co- Sec. 113. Registry requirements for sex offend- the Senate as was the case last year with the ers. sponsor of H.R. 2662, and strongly supported Defense Department Authorizations Bill. The Sec. 114. Information required in registration. this amendment to H.R. 3132. This legislation amendment would federalize local crimes if Sec. 115. Duration of registration requirement. would make it easier for the federal govern- the suspected motive is animosity toward ho- Sec. 116. In person verification. ment to investigate, prosecute and prevent Sec. 117. Duty to notify sex offenders of reg- mosexuals or transgenders. While I strongly hate crimes across the country. And I hope it istration requirements and to reg- is enacted. abhor bigotry and discrimination, hate-crime ister. It is the responsibility of Congress to the legislation would require the government to Sec. 118. Jessica Lunsford Address Verification young people of this nation and to all citizens provide for more punishment for any given vio- Program. to combat violence against children. Unfortu- lent crime or physical assault simply because Sec. 119. National Sex Offender Registry. the government decided that the motive for Sec. 120. Dru Sjodin National Sex Offender nately, this bill takes us in the wrong direction. Public Website. 33 scientific researchers, treatment profes- the crime was more heinous than another. Every citizen must be afforded the same Sec. 121. Public access to sex offender informa- sionals and child advocates have written to tion through the Internet. express their opposition or serious concerns amount of protection and fairness provided for Sec. 122. Megan Nicole Kanka and Alexandra with this bill. Although this bill included the under the law; however, none must be given Nicole Zapp Community Notifica- provisions of H.R. 2662, which I strongly sup- a ‘‘special’’ status. Individuals caught commit- tion Program. port, I oppose H.R. 3132 because it would ting a crime must understand that conviction Sec. 123. Actions to be taken when sex offender treat youths as adult criminals and lead to a will be certain, sentencing will be swift and fails to comply. potential increase in the number of innocent punishment will be severe—and now with the Sec. 124. Immunity for good faith conduct. passage of the Children’s Safety Act, sex of- Sec. 125. Development and availability of reg- people being executed or languishing in pris- istry management software. on. fenders will be held to more strict punishment Sec. 126. Federal duty when State programs not Mr. TIAHRT. Mr. Chairman, I rise today in and limitation. minimally sufficient. support of the Children’s Safety Act. We have Ensuring the security of our citizens, and Sec. 127. Period for implementation by jurisdic- heard heart-wrenching accounts of the dev- especially our children, should be the primary tions. astating effects, both immediate and long- focus of government. The Children’s Safety Sec. 128. Failure to comply. term, of sexual abuse and it is time we pass Act helps meet this entrusted obligation, and I Sec. 129. Sex Offender Management Assistance legislation that would help prevent further am proud to cast my vote in support of this (SOMA) Program. cases of abuse. measure. Sec. 130. Demonstration project for use of elec- Mr. SCOTT of Virginia. Mr. Chair- tronic monitoring devices. It is vital that sex offenders are required by Sec. 131. Bonus payments to States that imple- law to report to law enforcement nationwide man, I have no further requests for ment electronic monitoring. once they move residences. Our children are time, and I yield back the balance of Sec. 132. National Center for Missing and Ex- at risk when these felons are unaccounted for. my time. ploited Children access to Inter- With a National Sex Offender Registry in place Mr. SENSENBRENNER. Mr. Chair- state Identification Index. and freely accessible to the public, American man, I have no further requests for Sec. 133. Limited immunity for National Center families will be safer and parents can further time, and I yield back the balance of for Missing and Exploited Chil- protect their children from sexual predators. my time. dren with respect to CyberTipline. We have heard of too many victims that suf- The CHAIRMAN. All time for general Subtitle B—Criminal law enforcement of fered through the horrible acts of sexual abuse debate has expired. registration requirements by a convicted sex offender who failed to up- Pursuant to the rule, the amendment Sec. 151. Amendments to title 18, United States date their registration with the sex offender in the nature of a substitute printed in Code, relating to sex offender reg- registry. Too many times sexual offenders the bill shall be considered as an origi- istration. nal bill for the purpose of amendment Sec. 152. Investigation by United States Mar- have moved out of state and left their hurtful shals of sex offender violations of past only to commit the same crimes. Too under the 5-minute rule by title, and registration requirements. many times sexual offenders have been re- each title shall be considered read. Sec. 153. Sex offender apprehension grants. leased from prison after serving a term for No amendment to that amendment Sec. 154. Use of any controlled substance to fa- sexual abuse only to disappear because they shall be in order except those printed cilitate sex offense. were never forced to register. Too often par- in that portion of the CONGRESSIONAL Sec. 155. Repeal of predecessor sex offender pro- ents have found out after the attack that a RECORD designated for that purpose gram. neighbor or friend has a history of sexual and pro forma amendments for the pur- TITLE II—DNA FINGERPRINTING abuse. pose of debate. Amendments printed in Sec. 201. Short title.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 6343 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20199 Sec. 202. Expanding use of DNA to identify and (7) Sarah Lunde, who was 13 years old, was (A) a sex offense punishable under the law of prosecute sex offenders. strangled and murdered in 2005, in Ruskin, a jurisdiction by imprisonment for more than Sec. 203. Stopping Violent Predators Against Florida. one year; Children. (8) Amie Zyla, who was 8 years old, was sexu- (B) any Federal offense under chapter 109A, Sec. 204. Model code on investigating missing ally assaulted in 1996 by a juvenile offender in 110, 117, or section 1591 of title 18, United States persons and deaths. Waukesha, Wisconsin, and has become an advo- Code; TITLE III—PREVENTION AND DETER- cate for child victims and protection of children (C) an offense in a category specified by the RENCE OF CRIMES AGAINST CHILDREN from juvenile sex offenders. Secretary of Defense under section 115(a)(8)(C) ACT OF 2005 (9) Christy Ann Fornoff, who was 13 years of title I of Public Law 105–119 (10 U.S.C. 951 Sec. 301. Short title. old, was abducted, sexually assaulted and mur- note); Sec. 302. Assured punishment for violent crimes dered in 1984, in Tempe, Arizona. (D) any other offense designated by the Attor- against children. (10) Alexandra Nicole Zapp, who was 30 years ney General for inclusion in this definition. Sec. 303. Ensuring fair and expeditious Federal old, was brutally attacked and murdered in a (7) MISDEMEANOR SEX OFFENSE AGAINST A collateral review of convictions public restroom by a repeat sex offender in 2002, MINOR.— The term ‘‘misdemeanor sex offense for killing a child. in Bridgewater, Massachusetts. against a minor’’ means a sex offense against a Subtitle A—Jacob Wetterling Sex Offender minor punishable by imprisonment for not more TITLE IV—PROTECTION AGAINST SEXUAL than one year. EXPLOITATION OF CHILDREN ACT OF 2005 Registration and Notification Program (8) STUDENT.—The term ‘‘student’’ means an Sec. 401. Short title. SEC. 111. RELEVANT DEFINITIONS, INCLUDING individual who enrolls or attends an edu- AMIE ZYLA EXPANSION OF SEX OF- Sec. 402. Increased penalties for sexual offenses cational institution, including (whether public against children. FENDER DEFINITION AND EX- PANDED INCLUSION OF CHILD or private) a secondary school, trade or profes- TITLE V—FOSTER CHILD PROTECTION PREDATORS. sional school, and institution of higher edu- AND CHILD SEXUAL PREDATOR DETER- In this title the following definitions apply: cation. RENCE (1) SEX OFFENDER REGISTRY.—The term ‘‘sex (9) EMPLOYEE.—The term ‘‘employee’’ in- Sec. 501. Short title. offender registry’’ means a registry of sex of- cludes an individual who is self-employed or Sec. 502. Requirement to complete background fenders, and a notification program, maintained works for any other entity, whether com- checks before approval of any fos- by a jurisdiction. pensated or not. ter or adoptive placement and to (2) JURISDICTION.—The term jurisdiction (10) RESIDES.—The term ‘‘resides’’ means, check national crime information means any of the following: with respect to an individual, the location of the databases and state child abuse (A) A State. individual’s home or other place where the indi- registries; suspension and subse- (B) The District of Columbia. vidual lives. quent elimination of opt-out. (C) The Commonwealth of Puerto Rico. (11) MINOR.—The term ‘‘minor’’ means an in- Sec. 503. Access to Federal crime information (D) Guam. dividual who has not attained the age of 18 databases by child welfare agen- (E) American Somoa. years. cies for certain purposes. (F) Northern Mariana Islands. SEC. 112. REGISTRY REQUIREMENTS FOR JURIS- Sec. 504. Penalties for coercion and enticement (G) The United States Virgin Islands. DICTIONS. by sex offenders. (H) A federally recognized Indian tribe. Each jurisdiction shall maintain a jurisdic- Sec. 505. Penalties for conduct relating to child (3) AMIE ZYLA EXPANSION OF SEX OFFENDER tion-wide sex offender registry conforming to the prostitution. DEFINITION.—The term ‘‘sex offender’’ means an requirements of this title. The Attorney General Sec. 506. Penalties for sexual abuse. individual who, either before or after the enact- shall issue and interpret guidelines to implement Sec. 507. Sex offender submission to search as ment of this Act, was convicted of, or adju- the requirements and purposes of this title. condition of release. dicated a juvenile delinquent for, an offense SEC. 113. REGISTRY REQUIREMENTS FOR SEX OF- Sec. 508. Kidnapping penalties and jurisdiction. (other than an offense involving sexual conduct FENDERS. Sec. 509. Marital communication and adverse where the victim was at least 13 years old and (a) IN GENERAL.—A sex offender must register, spousal privilege. the offender was not more than 4 years older and keep the registration current, in each juris- Sec. 510. Abuse and neglect of Indian children. than the victim and the sexual conduct was con- diction where the offender resides, where the of- Sec. 511. Civil commitment. sensual, or an offense consisting of consensual fender is an employee, and where the offender is Sec. 512. Mandatory penalties for sex-traf- sexual conduct with an adult) whether Federal, a student. ficking of children. State, local, tribal, foreign (other than an of- (b) INITIAL REGISTRATION.—The sex offender Sec. 513. Sexual abuse of wards. fense based on conduct that would not be a shall initially register— The CHAIRMAN. Are there amend- crime if the conduct took place in the United (1) before completing a sentence of imprison- ments to section 1? The Clerk will des- States), military, juvenile or other, that is— ment with respect to the offense giving rise to ignate title I. (A) a specified offense against a minor; the registration requirement; or The text of title I is as follows: (B) a serious sex offense; or (2) not later than 5 days after being sentenced (C) a misdemeanor sex offense against a for that offense, if the sex offender is not sen- TITLE I—SEX OFFENDER REGISTRATION minor. tenced to a term of imprisonment. AND NOTIFICATION ACT (4) EXPANSION OF DEFINITION OF OFFENSE TO (c) KEEPING THE REGISTRATION CURRENT.—A SEC. 101. SHORT TITLE. INCLUDE ALL CHILD PREDATORS.—The term sex offender must inform each jurisdiction in- This title may be cited as the ‘‘Sex Offender ‘‘specified offense against a minor’’ means an volved, not later than 5 days after each change Registration and Notification Act’’. offense against a minor that involves any of the of residence, employment, or student status. SEC. 102. DECLARATION OF PURPOSE. following: (d) RETROACTIVE DUTY TO REGISTER.—The In response to the vicious attacks by violent (A) Kidnapping (unless committed by a par- Attorney General shall prescribe a method for sexual predators against the victims listed ent). the registration of sex offenders convicted before below, Congress in this Act establishes a com- (B) False imprisonment (unless committed by the enactment of this Act. prehensive national system for the registration a parent). (e) STATE PENALTY FOR FAILURE TO COM- of sex offenders: (C) Solicitation to engage in sexual conduct. PLY.—Each jurisdiction shall provide a criminal (1) Jacob Wetterling, who was 11 years old, (D) Use in a sexual performance. penalty, that includes a maximum term of im- was abducted in 1989 in Minnesota, and remains (E) Solicitation to practice prostitution. prisonment that is greater than one year, for the missing. (F) Possession, production, or distribution of failure of a sex offender to comply with the re- (2) Megan Nicole Kanka, who was 7 years old, child pornography. quirements of this title. was abducted, sexually assaulted and murdered (G) Criminal sexual conduct towards a minor. SEC. 114. INFORMATION REQUIRED IN REGISTRA- in 1994, in New Jersey. (H) Any conduct that by its nature is a sexual TION. (3) Pam Lychner, who was 31 years old, was offense against a minor. (a) PROVIDED BY THE OFFENDER.—The sex of- attacked by a career offender in Houston, (I) Any other offense designated by the Attor- fender must provide the following information to Texas. ney General for inclusion in this definition. the appropriate official for inclusion in the sex (4) Jetseta Gage, who was 10 years old, was (J) Any attempt or conspiracy to commit an offender registry: kidnapped, sexually assaulted, and murdered in offense described in this paragraph. (1) The name of the sex offender (including 2005 in Cedar Rapids, Iowa. (5) SEX OFFENSE.—The term ‘‘sex offense’’ any alias used by the individual). (5) Dru Sjodin, who was 22 years old, was sex- means a criminal offense that has an element (2) The Social Security number of the sex of- ually assaulted and murdered in 2003, in North involving sexual act or sexual contact with an- fender. Dakota. other, or an attempt or conspiracy to commit (3) The address and location of the residence (6) Jessica Lunsford, who was 9 years, was such an offense. at which the sex offender resides or will reside. abducted, sexually assaulted, buried alive, and (6) SERIOUS SEX OFFENSE.—The term ‘‘serious (4) The place where the sex offender is em- murdered in 2005, in Homosassa, Florida. sex offense’’ means— ployed or will be employed.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20200 CONGRESSIONAL RECORD—HOUSE September 14, 2005 (5) The place where the sex offender is a stu- Website (hereinafter referred to as the SEC. 125. DEVELOPMENT AND AVAILABILITY OF dent or will be a student. ‘‘Website’’). REGISTRY MANAGEMENT SOFTWARE. (6) The license plate number of any vehicle (b) INFORMATION TO BE PROVIDED.—The At- The Attorney General shall develop and sup- owned or operated by the sex offender. torney General shall maintain the Website as a port software for use to establish, maintain, (7) A photograph of the sex offender. site on the Internet which allows the public to publish, and share sex offender registries. (8) A set of fingerprints and palm prints of the obtain relevant information for each sex of- SEC. 126. FEDERAL DUTY WHEN STATE PRO- sex offender, if the appropriate official deter- fender by a single query in a form established by GRAMS NOT MINIMALLY SUFFI- mines that the jurisdiction does not already the Attorney General. CIENT. have available an accurate set. If the Attorney General determines that a ju- (c) ELECTRONIC FORWARDING.—The Attorney (9) A DNA sample of the sex offender, if the risdiction does not have a minimally sufficient appropriate official determines that the jurisdic- General shall ensure (through the National Sex Offender Registry or otherwise) that updated in- sex offender registration program, the Depart- tion does not already have available an appro- ment of Justice shall, to the extent practicable, priate DNA sample. formation about a sex offender is immediately transmitted by electronic forwarding to all rel- carry out the duties imposed on that jurisdiction (10) Any other information required by the At- by this title. torney General. evant jurisdictions, unless the Attroney General SEC. 127. PERIOD FOR IMPLEMENTATION BY JU- (b) PROVIDED BY THE JURISDICTION.—The ju- determines that each jurisdiction has so modi- RISDICTIONS. risdiction in which the sex offender registers fied its sex offender registry and notification Each jurisdiction shall implement this title not shall include the following information in the program that there is no longer a need for the later than 2 years after the date of the enact- registry for that sex offender: Attorney General to do. (1) A statement of the facts of the offense giv- ment of this Act. However, the Attorney General SEC. 121. PUBLIC ACCESS TO SEX OFFENDER IN- may authorize a one-year extension of the dead- ing rise to the requirement to register under this FORMATION THROUGH THE INTER- title. NET. line. (2) The criminal history of the sex offender. Each jurisdiction shall make available on the SEC. 128. FAILURE TO COMPLY. (3) Any other information required by the At- Internet all information about each sex offender (a) IN GENERAL.—For any fiscal year after the torney General. in the registry, except for the offender’s Social end of the period for implementation, a jurisdic- SEC. 115. DURATION OF REGISTRATION REQUIRE- Security number, the identity of any victim, and tion that fails to implement this title shall not MENT. any other information exempted from disclosure receive 10 percent of the funds that would other- A sex offender shall keep the registration cur- by the Attorney General. The jurisdiction shall wise be allocated for that fiscal year to the ju- rent— provide this information in a manner that is risdiction under each of the following programs: (1) for the life of the sex offender, if the of- readily accessible to the public. (1) BYRNE.—Subpart 1 of part E of title I of fense is a specified offense against a minor, a se- the Omnibus Crime Control and Safe Streets Act rious sex offense, or a second misdemeanor sex SEC. 122. MEGAN NICOLE KANKA AND ALEX- of 1968 (42 U.S.C. 3750 et seq.), whether charac- offense against a minor; and ANDRA NICOLE ZAPP COMMUNITY NOTIFICATION PROGRAM. terized as the Edward Byrne Memorial State (2) for a period of 20 years, in any other case. and Local Law Enforcement Assistance Pro- SEC. 116. IN PERSON VERIFICATION. (a) ESTABLISHMENT OF PROGRAM.—There is grams, the Edward Byrne Memorial Justice As- A sex offender shall appear in person and established the Megan Nicole Kanka and Alex- sistance Grant Program, or otherwise. verify the information in each registry in which andra Nicole Zapp Community Program (herein- (2) LLEBG.—The Local Government Law En- that offender is required to be registered not less after in this section referred to as the ‘‘Pro- forcement Block Grants program. frequently than once every six months. gram’’). (b) REALLOCATION.—Amounts not allocated SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF (b) NOTIFICATION.—In the Program, as soon as under a program referred to in paragraph (1) to REGISTRATION REQUIREMENTS AND possible, and in any case not later than 5 days a jurisdiction for failure to fully implement this TO REGISTER. after a sex offender registers or updates a reg- title shall be reallocated under that program to An appropriate official shall, shortly before istration, an appropriate official in the jurisdic- jurisdictions that have not failed to implement release from custody of the sex offender, or, if tion shall provide the information in the registry this title. the sex offender is not in custody, immediately (other than information exempted from disclo- SEC. 129. SEX OFFENDER MANAGEMENT ASSIST- after the sentencing of the sex offender, for the sure by the Attorney General) about that of- ANCE (SOMA) PROGRAM. offense giving rise to the duty to register— fender to the following: (a) IN GENERAL.—The Attorney General shall (1) inform the sex offender of the duty to reg- (1) The Attorney General, who shall include establish and implement a Sex Offender Man- ister and explain that duty; that information in the National Sex Offender agement Assistance program (in this title re- (2) require the sex offender to read and sign a Registry. form stating that the duty to register has been ferred to as the ‘‘SOMA program’’) under which (2) Appropriate law enforcement agencies (in- explained and that the sex offender understands the Attorney General may award a grant to a cluding probation agencies, if appropriate), and the registration requirement; and jurisdiction to offset the costs of implementing (3) ensure that the sex offender is registered. each school and public housing agency, in each this title. area in which the individual resides, is em- SEC. 118. JESSICA LUNSFORD ADDRESS (b) APPLICATION.—The chief executive of a ju- VERIFICATION PROGRAM. ployed, or is a student. risdiction shall, on an annual basis, submit to (a) ESTABLISHMENT.—There is established the (3) Each jurisdiction from or to which a the Attorney General an application in such Jessica Lunsford Address Verification Program change of residence, work, or student status oc- form and containing such information as the (hereinafter in this section referred to as the curs. Attorney General may require. ‘‘Program’’). (4) Any agency responsible for conducting em- (c) BONUS PAYMENTS FOR PROMPT COMPLI- (b) VERIFICATION.—In the Program, an appro- ployment-related background checks under sec- ANCE.—A jurisdiction that, as determined by the priate official shall verify the residence of each tion 3 of the National Child Protection Act of Attorney General, has implemented this title not registered sex offender not less than monthly or, 1993 (42 U.S.C. 5119a). later than two years after the date of the enact- in the case of a sex offender required to register (5) Social service entities responsible for pro- ment of this Act is eligible for a bonus payment. because of a misdemeanor sex offense against a tecting minors in the child welfare system. Such payment shall be made under the SOMA minor, not less than quarterly. (6) Volunteer organizations in which contact program for the first fiscal year beginning after (c) USE OF MAILED FORM AUTHORIZED.—Such with minors or other vulnerable individuals that determination. The amount of the payment verification may be achieved by mailing a might occur. shall be— nonforwardable verification form to the last (1) 10 percent of the total received by the ju- SEC. 123. ACTIONS TO BE TAKEN WHEN SEX OF- risdiction under the SOMA program for the pre- known address of the sex offender. The date of FENDER FAILS TO COMPLY. the mailing may be selected at random. The sex ceding fiscal year, if implementation is not later An appropriate official shall notify the Attor- offender must return the form, including a nota- than one year after the date of enactment of ney General and appropriate State and local rized signature, within a set period of time. A this Act; and law enforcement agencies of any failure by a sex failure to return the form as required may be a (2) 5 percent of such total, if not later than offender to comply with the requirements of a failure to register for the purposes of this title. two years after that date. registry. The appropriate official, the Attorney SEC. 119. NATIONAL SEX OFFENDER REGISTRY. (d) AUTHORIZATION OF APPROPRIATIONS.—In General, and each such State and local law The Attorney General shall maintain a na- addition to any amounts otherwise authorized enforcment agency shall take any appropriate tional database at the Federal Bureau of Inves- to be appropriated, there are authorized to be action to ensure compliance. tigation for each sex offender and other person appropriated such sums as may be necessary to required to register in a jurisdiction’s sex of- SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT. the Attorney General, to be available only for fender registry. The database shall be known as Law enforcement agencies, employees of law the SOMA program, for fiscal years 2006 the National Sex Offender Registry. enforcement agencies and independent contrac- through 2008. SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER tors acting at the direction of such agencies, SEC. 130. DEMONSTRATION PROJECT FOR USE OF PUBLIC WEBSITE. and officials of jurisdictions and other political ELECTRONIC MONITORING DEVICES. (a) ESTABLISHMENT.—There is established the subdivisions shall not be civilly or criminally (a) PROJECT REQUIRED.—The Attorney Gen- Dru Sjodin National Sex Offender Public liable for good faith conduct under this title. eral shall carry out a demonstration project

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20201 under which the Attorney General makes grants in the State for whom electronic monitoring is amended by inserting after chapter 109A the fol- to jurisdictions to demonstrate the extent to required, whether such monitoring is required lowing: which electronic monitoring devices can be used under this section or under section 3563(a)(9) of ‘‘CHAPTER 109B—SEX OFFENDER AND effectively in a sex offender management pro- title 18, United States Code. CRIMES AGAINST CHILDREN REGISTRY gram. (c) BONUS PAYMENTS.—The bonus payment re- ‘‘Sec. (b) USE OF FUNDS.—The jurisdiction may use ferred to in subsection (a) is a payment equal to ‘‘2250. Failure to register. grant amounts under this section directly, or 10 percent of the funds that would otherwise be ‘‘§ 2250. Failure to register through arrangements with public or private en- allocated for that fiscal year to the jurisdiction tities, to carry out programs under which the under each of the following programs: ‘‘Whoever receives a notice from an official whereabouts of sex offenders are monitored by (1) BYRNE.—Subpart 1 of part E of title I of that such person is required to register under electronic monitoring devices. the Omnibus Crime Control and Safe Streets Act the Sex Offender Registration and Notification (c) PARTICIPANTS.—Not more than 10 jurisdic- of 1968 (42 U.S.C. 3750 et seq.), whether charac- Act and— ‘‘(1) is a sex offender as defined for the pur- tions may participate in the demonstration terized as the Edward Byrne Memorial State poses of that Act by reason of a conviction project at any one time. and Local Law Enforcement Assistance Pro- under Federal law; or (d) FACTORS.—In selecting jurisdictions to grams, the Edward Byrne Memorial Justice As- ‘‘(2) thereafter travels in interstate or foreign participate in the demonstration project, the At- sistance Grant Program, or otherwise. commerce, or enters or leaves Indian country; torney General shall consider the following fac- (2) LLEBG.—The Local Government Law En- and knowingly fails to register as required shall tors: forcement Block Grants program. be fined under this title and imprisoned not less (d) DEFINITION.—In this section, the term (1) The total number of sex offenders in the than 5 years nor more than 20 years.’’. jurisdiction. ‘‘State sex offense’’ means any criminal offense (b) CLERICAL AMENDMENT.—The table of (2) The percentage of those sex offenders who in a range of offenses specified by State law chapters for part I of title 18, United States fail to comply with registration requirements. which is comparable to or which exceeds the Code, is amended by inserting after the item re- (3) The threat to public safety posed by those range of offenses encompassed by the following: lating to chapter 109A the following new item: sex offenders who fail to comply with registra- (1) A specified offense against a minor. ‘‘109B. Sex offender and crimes tion requirements. (2) A serious sex offense. against children registry ...... 2250’’. (4) Any other factor the Attorney General SEC. 132. NATIONAL CENTER FOR MISSING AND considers appropriate. EXPLOITED CHILDREN ACCESS TO (c) FALSE STATEMENT OFFENSE.—Section (e) DURATION.—The Attorney General shall INTERSTATE IDENTIFICATION 1001(a) of title 18, United States Code, is amend- carry out the demonstration project for fiscal INDEX. ed by adding at the end the following: ‘‘If the years 2007, 2008, and 2009. (a) IN GENERAL.—Notwithstanding any other matter relates to an offense under chapter 109A, (f) REPORTS.—The Attorney General shall provision of law, the Attorney General shall en- 109B, 110, or 117, then the term of imprisonment submit to Congress an annual report on the sure that the National Center for Missing and imposed under this section shall be not less than demonstration project. Each such report shall Exploited Children has access to the Interstate 5 years nor more than 20 years.’’ describe the activities carried out by each par- Identification Index, to be used by the Center (d) PROBATION.—Paragraph (8) of section ticipant, assess the effectiveness of those activi- only within the scope of its duties and respon- 3563(a) of title 18, United States Code, is amend- ties, and contain any other information or rec- sibilities under Federal law. The access provided ed to read as follows: ‘‘(8) for a person required to register under the ommendations that the Attorney General con- under this section shall be authorized only to Sex Offender Registration and Notification Act, siders appropriate. personnel of the Center that have met all the re- that the person comply with the requirements of (g) AUTHORIZATION OF APPROPRIATIONS.— quirements for access, including training, cer- There are authorized to be appropriated to carry tification, and background screening. that Act; and’’. (e) SUPERVISED RELEASE.—Section 3583 of title out this section such sums as may be necessary. (b) IMMUNITY.—Personnel of the Center shall not be civilly or criminally liable for any use or 18, United States Code, is amended— SEC. 131. BONUS PAYMENTS TO STATES THAT IM- misuse of information in the Interstate Identi- (1) in subsection (d), in the sentence begin- PLEMENT ELECTRONIC MONI- ning with ‘‘The court shall order, as an explicit TORING. fication Index if in good faith. condition of supervised release for a person de- (a) IN GENERAL.—A State that, within 3 years SEC. 133. LIMITED IMMUNITY FOR NATIONAL scribed in section 4042(c)(4)’’, by striking ‘‘de- after the date of the enactment of this Act, has CENTER FOR MISSING AND EX- scribed in section 4042(c)(4)’’ and all that fol- in effect laws and policies described in sub- PLOITED CHILDREN WITH RESPECT lows through the end of the sentence and insert- section (b) shall be eligible for a bonus payment TO CYBERTIPLINE. ing ‘‘required to register under the Sex Offender described in subsection (c), to be paid by the At- Section 227 of the Victims of Child Abuse Act Registration and Notification Act that the per- torney General from any amounts available to of 1990 (42 U.S.C. 13032) is amended by adding son comply with the requirements of that Act.’’ the Attorney General for such purpose. at the end the following new subsection: IMITATION ON IABILITY (2) in subsection (k)— (b) ELECTRONIC MONITORING LAWS AND POLI- ‘‘(g) L L .— N GENERAL (A) by striking ‘‘2244(a)(1), 2244(a)(2)’’ and in- CIES.— ‘‘(1) I .—Except as provided in para- graphs (2) and (3), the National Center for Miss- serting ‘‘2243, 2244, 2245, 2250’’; (1) IN GENERAL.—Laws and policies referred to (B) by inserting ‘‘not less than 5,’’ after ‘‘any in subsection (a) are laws and policies that en- ing and Exploited Children, including any of its directors, officers, employees, or agents, is not term of years’’; and sure that electronic monitoring is required of a (C) by adding at the end the following: ‘‘If a person if that person is released after being con- liable in any civil or criminal action for damages directly related to the performance of its defendant required to register under the Sex Of- victed of a State sex offense in which an indi- fender Registration and Notification Act vio- vidual who has not attained the age of 18 years CyberTipline responsibilities and functions as defined by this section. lates the requirements of that Act or commits is the victim. any criminal offense for which imprisonment for ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS- (2) MONITORING REQUIRED.—The monitoring a term longer than one year can be imposed, the required under paragraph (1) is a system that CONDUCT.—Paragraph (1) does not apply in an action in which a party proves that the Na- court shall revoke the term of supervised release actively monitors and identifies the person’s lo- and require the defendant to serve a term of im- cation and timely reports or records the person’s tional Center for Missing and Exploited Chil- dren, or its officer, employee, or agent as the prisonment under subsection (e)(3) without re- presence near or within a crime scene or in a gard to the exception contained therein. Such prohibited area or the person’s departure from case may be, engaged in intentional misconduct or acted, or failed to act, with actual malice, term shall be not less than 5 years, and if the of- specified geographic limitations. fense was an offense under chapter 109A, 109B, (3) DURATION.—The electronic monitoring re- with reckless disregard to a substantial risk of causing injury without legal justification, or for 110, or 117, not less than 10 years.’’ . quired by paragraph (1) shall be required of the (f) DUTIES OF BUREAU OF PRISONS.—Para- a purpose unrelated to the performance of re- person— graph (3) of section 4042(c) of title 18, United sponsibilities or functions under this section. (A) for the life of the person, if— States Code, is amended to read as follows: RDINARY BUSINESS ACTIVITIES.—Para- (i) an individual who has not attained the age ‘‘(3) O ‘‘(3) The Director of the Bureau of Prisons graph (1) does not apply to an act or omission of 12 years is the victim; or shall inform a person who is released from pris- related to an ordinary business activity, such as (ii) the person has a prior sex conviction (as on and required to register under the Sex Of- an activity involving general administration or defined in section 3559(e) of title 18, United fender Registration and Notification Act of the operations, the use of motor vehicles, or per- States Code); and requirements of that Act as they apply to that sonnel management.’’. (B) for the period during which the person is person and the same information shall be pro- on probation, parole, or supervised release for Subtitle B—Criminal Law Enforcement of vided to a person sentenced to probation by the the offense, in any other case. Registration Requirements probation officer responsible for supervision of (4) STATE REQUIRED TO MONITOR ALL SEX OF- SEC. 151. AMENDMENTS TO TITLE 18, UNITED that person.’’. FENDERS RESIDING IN STATE.—In addition, laws STATES CODE, RELATING TO SEX OF- (g) CONFORMING AMENDMENT OF CROSS REF- and policies referred to in subsection (a) also FENDER REGISTRATION. ERENCE.—Paragraph (1) of section 4042(c) of includee laws and policies that ensure that the (a) CRIMINAL PENALTIES FOR NONREGISTRA- title 18, United States Code, is amended by strik- State frequently monitors each person residing TION.—Part I of title 18, United States Code, is ing ‘‘(4)’’ and inserting ‘‘(3)’’.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20202 CONGRESSIONAL RECORD—HOUSE September 14, 2005

(h) CONFORMING REPEAL OF DEADWOOD.— Amendment No. 27 offered by Mr. SENSEN- fenders and to provide aftercare during pre- Paragraph (4) of section 4042(c) of title 18, BRENNER: release custody. United States Code, is repealed. Page 11, line 2, after ‘‘jurisdiction’’ insert ‘‘(B) RESIDENTIAL SEX OFFENDER TREAT- SEC. 152. INVESTIGATION BY UNITED STATES ‘‘, other than a Federally recognized Indian MENT PROGRAMS.—The Bureau of Prisons MARSHALS OF SEX OFFENDER VIO- tribe’’. shall establish residential sex offender treat- LATIONS OF REGISTRATION RE- Page 27, line 5, insert ‘‘, or resides in,’’ ment programs to provide treatment to sex QUIREMENTS. after ‘‘enters or leaves’’. offenders who volunteer for such programs (a) IN GENERAL.—The Attorney General shall Page 6, line 22, strike ‘‘A’’ and insert ‘‘To and are deemed by the Bureau of Prisons to use the authority provided in section the extent provided and subject to the re- be in need of and suitable for residential 566(e)(1)(B) of title 28, United States Code, to as- quirements of section 126, a’’. treatment. sist States and other jurisdictions in locating Page 6, line 19, strike ‘‘Somoa’’ and insert ‘‘(2) REGIONS.—At least one sex offender and apprehending sex offenders who violate sex ‘‘Samoa’’. management program under paragraph offender registration requirements. Page 6, line 20, insert ‘‘The’’ before ‘‘North- (1)(A), and at least one residential sex of- (b) AUTHORIZATION OF APPROPRIATIONS.— ern’’. fender treatment program under paragraph There are authorized to be appropriated such Page 10, line 4, strike ‘‘and interpret’’. (1)(B), shall be established in each region sums as may be necessary for fiscal years 2006 Page 10, line 5, strike ‘‘to implement the within the Bureau of Prisons. through 2008 to implement this section. requirements and purposes of’’ and insert ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— SEC. 153. SEX OFFENDER APPREHENSION ‘‘and regulations to interpret and imple- There are authorized to be appropriated to GRANTS. ment’’. the Bureau of Prisons for each fiscal year Title I of the Omnibus Crime Control and Safe Page 12, line 23, after ‘‘years’’ insert ‘‘(but such sums as may be necessary to carry out Streets Act of 1968 is amended by adding at the such 20-year period shall not include any this subsection.’’. end the following new part: time the offender is in custody or civilly At the end of title I, insert the following: ‘‘PART JJ—SEX OFFENDER committed)’’. SEC. 155. ASSISTANCE FOR PROSECUTIONS OF APPREHENSION GRANTS Page 16, line 15, after ‘‘jurisdiction’’ insert CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS. ‘‘SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER ‘‘where the sex offender resides, works, or at- APPREHENSION GRANTS. tends school, and each jurisdiction’’. (a) IN GENERAL.—The Attorney General ‘‘(a) IN GENERAL.—From amounts made avail- Strike section 124 and insert the following: may make grants to train and employ per- able to carry out this part, the Attorney General SEC. 124. IMMUNITY FOR GOOD FAITH CONDUCT. sonnel to help investigate and prosecute may make grants to States, units of local gov- The Federal Government, jurisdictions, po- cases cleared through use of funds provided ernment, Indian tribal governments, other pub- litical subdivisions of jurisdictions, and their for DNA backlog elimination. lic and private entities, and multi-jurisdictional agencies, officers, employees, and agents (b) AUTHORIZATION.—There are authorized or regional consortia thereof for activities speci- shall be immune from liability for good faith to be appropriated such sums as may be nec- fied in subsection (b). conduct under this title. essary for each of fiscal years 2006 through ‘‘(b) COVERED ACTIVITIES.—An activity re- Page 18, beginning in line 7, strike ‘‘a one- 2010 to carry out this section. ferred to in subsection (a) is any program, year extension’’ and insert ‘‘up to two one- SEC. 156. AUTHORIZATION OF ADDITIONAL AP- project, or other activity to assist a State in en- year extensions’’. PROPRIATIONS. forcing sex offender registration requirements. Page 19, line 3, after ‘‘title’’ insert ‘‘or may In addition to any other amounts author- ‘‘SEC. 3012. AUTHORIZATION OF APPROPRIA- be reallocated to a jurisdiction from which ized by law, there are authorized to be appro- TIONS. they were withheld to be used solely for the priated for grants to the American Prosecu- ‘‘There are authorized to be appropriated purpose of implementing this title’’. tors Research Institute under section 214A of such sums as may be necessary for fiscal years Page 25, beginning in line 14, strike ‘‘for the Victims of Child Abuse Act of 1990 (42 2006 through 2008 to carry out this part.’’. damages directly related to’’ and insert U.S.C. 13003) $7,500,000 for each of fiscal years SEC. 154. USE OF ANY CONTROLLED SUBSTANCE ‘‘arising from’’. 2006 through 2010. TO FACILITATE SEX OFFENSE. Page 26, beginning in line 20, strike ‘‘re- Page 15, line 13, strike ‘‘Each’’ and insert (a) INCREASED PUNISHMENT.—Chapter 109A of ceives a notice from an official that such ‘‘(a) IN GENERAL.—Except as provided in sub- title 18, United States Code, is amended by add- person’’. section (b), each’’. ing at the end the following: Page 27, line 16, insert ‘‘or section 1591,’’ Page 15, after line 19, insert the following: after ‘‘117,’’. (b) EXCEPTION.—To the extent authorized ‘‘§ 2249. Use of any controlled substance to fa- Page 29, line 3, insert ‘‘or section 1591,’’ by the Attorney General, a jurisdiction need cilitate sex offense after ‘‘117,’’. not make available on the Internet informa- ‘‘(a) Whoever, knowingly uses a controlled Page 29, strike lines 14 through 17 and in- tion about a sex offender required to register substance to substantially impair the ability of sert the following: for committing a misdemeanor sex offense a person to appraise or control conduct, in order (g) CONFORMING AMENDMENTS TO CROSS against a minor who has attained the age of to commit a sex offense, other than an offense REFERENCES.—Paragraphs (1) and (2) of sec- 16 years. where such use is an element of the offense, tion 4042(c) of title 18, United States Code, Page 8, line 15, insert ‘‘a’’ before ‘‘sexual shall, in addition to the punishment provided are each amended by striking ‘‘(4)’’ and in- act’’. for the sex offense, be imprisoned for any term serting ‘‘(3)’’. Page 12, line 13, insert ‘‘, including the of years not less than 10, or for life. Page 10, line 26, after ‘‘Act’’ insert ‘‘or its date of the offense, and whether or not the ‘‘(b) As used in this section, the term ‘sex of- effective date in a particular jurisdiction’’. sex offender was prosecuted as a juvenile at fense’ means an offense under this chapter Page 19, after line 3, insert the following: the time of the offense’’ before the period. other than an offense under this section.’’. (c) RULE OF CONSTRUCTION.—The provisions Page 5, after line 23, insert the following: (b) AMENDMENT TO TABLE.—The table of sec- of this title that are cast as directions to ju- (11) Polly Klaas, who was 12 years old, was tions at the beginning of chapter 109A of title risdictions or their officials constitute only abducted, sexually assaulted and murdered 18, United States Code, is amended by adding at conditions required to avoid the reduction of in 1993 by a career offender in California. the end the following new item: Federal funding under this section. Page 24, beginning in line 7, strike ‘‘in a ‘‘2249. Use of any controlled substance to facili- Page 11, line 20, after ‘‘plate number’’ in- range’’ and all that follows through ‘‘by’’ in tate sex offense.’’. sert ‘‘and description’’. line 9 and inserting ‘‘that is one of’’. SEC. 155. REPEAL OF PREDECESSOR SEX OF- Page 26, after line 7, insert the following: Page 21, after line 15, insert the following FENDER PROGRAM. SEC. 135. TREATMENT AND MANAGEMENT OF SEX (and redesignate succeeding subsections ac- Sections 170101 (42 U.S.C. 14071) and 170102 OFFENDERS IN THE BUREAU OF cordingly): (42 U.S.C. 14072) of the Violent Crime Control PRISONS. (f) INNOVATION.—In making grants under and Law Enforcement Act of 1994, and section 8 Section 3621 of title 18, United States Code, this section, the Attorney General shall en- of the Pam Lychner Sexual Offender Tracking is amended by adding at the end the fol- sure that different approaches to monitoring and Identification Act of 1996 (42 U.S.C. 14073), lowing new subsection: are funded to allow an assessment of effec- are repealed. ‘‘(f) SEX OFFENDER MANAGEMENT.— tiveness. AMENDMENT NO. 27 OFFERED BY MR. ‘‘(1) IN GENERAL.—The Bureau of Prisons (g) ONE-TIME REPORT AND RECOMMENDA- SENSENBRENNER shall make available appropriate treatment TIONS.—Not later than April 1, 2008, the At- Mr. SENSENBRENNER. Mr. Chair- to sex offenders who are in need of and suit- torney General shall submit to Congress a able for treatment, as follows: report— man, I offer an amendment. ‘‘(A) SEX OFFENDER MANAGEMENT PRO- (1) assessing the effectiveness and value of The CHAIRMAN. The Clerk will des- GRAMS.—The Bureau of Prisons shall estab- programs funded by this section; ignate the amendment. lish non-residential sex offender manage- (2) comparing the cost-effectiveness of the The text of the amendment is as fol- ment programs to provide appropriate treat- electronic monitoring to reduce sex offenses lows: ment, monitoring, and supervision of sex of- compared to other alternatives; and

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20203 (3) making recommendations for con- sex offenders relocated as a result of Hurri- which I believe also is in the best inter- tinuing funding and the appropriate levels cane Katrina. est of our communities. for such funding. Mr. SENSENBRENNER. Mr. Chair- Today, Mr. Chairman, we consider a Mr. SENSENBRENNER. Mr. Chair- man, I rise to offer this amendment to bill that sets serious penalties for sex man, I rise to offer an amendment to respond to the law enforcement prob- offenders. I want to thank the chair- the bill which makes a number of tech- lems being faced by Louisiana, Mis- man, the gentleman from Wisconsin nical changes and substantive improve- sissippi, Alabama, Texas, and other (Mr. SENSENBRENNER), for bringing this ments to title I of the bill dealing with States as a result of the devastation bill up; and of course I also want to the sex offender registration and notifi- from Hurricane Katrina. thank the ranking members, the gen- cation requirements and related issues. It is estimated that at least 15,000 sex tleman from Michigan (Mr. CONYERS) Let me briefly summarize some of the offenders have been relocated from the and the gentleman from Virginia (Mr. most important provisions. affected area as a part of disaster relief SCOTT), for considering this bill and the First, the amendment includes a re- efforts. Criminal records and sex of- amendments. quirement that the Bureau of Prisons fender information are, in many cases, Mr. Chairman, we all agree such of- provide adequate treatment programs not available to law enforcement or the fenses are tragic, with effects that scar for sex offenders in all six of the re- community to track these offenders as victims for a lifetime. I am proud this gions and that they have adequate ac- they move to new areas. But this is body is considering tough legislation cess to treatment in both residential just the tip of the iceberg. that punishes sex offenders who prey and nonresidential programs. It has been reported by the Texas De- upon youth and innocence. Second, the amendment authorizes partment of Justice, for example, that The sex offender registry is a critical grants to States for prosecution of the State is experiencing significant tool that helps protect our commu- cases solved by DNA evidence. With the increases in violent crime. There are nities from sexual predators. It allows overwhelming passage of the Justice 1,350 sex offenders unaccounted for in local law enforcement officers and pro- for All Act last Congress, this body rec- Houston alone after being evacuated bation and parole authorities to keep ognized that DNA is a valuable tool for from Louisiana. The parole department current information about the resi- solving crimes. The amendment incor- in Louisiana has no idea where these dence, work, and student information porates the proposal by the gentleman people are and can provide no identi- of a sex offender. from California (Mr. GALLEGLY) which fying information, fingerprints or Mr. SENSENBRENNER. Mr. Chair- will further assist States in hiring photos. man, will the gentleman yield? more prosecutors and investigators for Reports also indicate that crimes Mr. CUELLAR. I yield to the gen- cases solved by DNA evidence. against children in Texas shelters are tleman from Wisconsin. Third, the amendment includes pro- rising. These States are in desperate Mr. SENSENBRENNER. Mr. Chair- posals contained in H.R. 3687, offered need of Federal assistance. My amend- man, I thank the gentleman for yield- by the gentleman from Minnesota (Mr. ment does just that by directing the ing. I will be happy to accept his GUTKNECHT), the gentleman from Mas- Justice Department to provide tech- amendment. I think it makes a useful sachusetts (Mr. DELAHUNT), and the nical assistance to help law enforce- addition to the bill. gentleman from Texas (Mr. POE), and ment in these areas and to identify sex Mr. SCOTT of Virginia. Mr. Chair- specifically authorizes technical assist- offenders who have been relocated. man, I would incorporate by reference ance grants to improve the quality of It is critical we protect our children the comments I have made on manda- criminal investigation and prosecution while disaster relief is being provided, tory minimums, and I think it would of child abuse cases. and I urge support of the amendment. apply to this amendment. Fourth, the amendment expands on The CHAIRMAN. The question is on The CHAIRMAN. The question is on the pilot program for electronic moni- the amendment offered by the gen- the amendment offered by the gen- toring programs for sex offenders. As tleman from Wisconsin (Mr. SENSEN- tleman from Texas (Mr. CUELLAR). technology develops, we need to use BRENNER). The amendment was agreed to. tracking technologies to monitor sex The amendment was agreed to. AMENDMENT NO. 16 OFFERED BY MR. GIBBONS offenders’ locations and movements so PERMISSION TO OFFER AMENDMENTS NO. 4 AND Mr. GIBBONS. Mr. Chairman, I offer that the public can be protected and 7 DURING CONSIDERATION OF TITLE III an amendment. law enforcement can intervene before Mr. SCOTT of Virginia. Mr. Chair- The CHAIRMAN. The Clerk will des- another tragic attack against a child man, I ask unanimous consent to con- ignate the amendment. occurs. sider amendments No. 4 and 7, The text of the amendment is as fol- Mr. Chairman, I urge my colleagues preprinted in the CONGRESSIONAL lows: to support this amendment in the bill. RECORD, when we call up title III. Amendment No. 16 offered by Mr. GIBBONS: The CHAIRMAN. The question is on These amendments primarily affect Page 26, after line 7, insert the following the amendment offered by the gen- title III. However, there is a little por- new section (and redesignate succeeding sec- tleman from Wisconsin (Mr. SENSEN- tion that affects title I. tions, and conform the table of contents, ac- cordingly): BRENNER). The CHAIRMAN. Is there objection SEC. 134. GAO STUDIES ON FEASIBILITY OF The amendment was agreed to. to the request of the gentleman from USING DRIVER’S LICENSE REG- AMENDMENT NO. 28 OFFERED BY MR. Virginia? ISTRATION PROCESSES AS ADDI- SENSENBRENNER There was no objection. TIONAL REGISTRATION REQUIRE- MENTS FOR SEX OFFENDERS. Mr. SENSENBRENNER. Mr. Chair- AMENDMENT NO. 18 OFFERED BY MR. CUELLAR man, I offer an amendment. For the purposes of determining the feasi- Mr. CUELLAR. Mr. Chairman, I offer bility of using driver’s license registration The CHAIRMAN. The Clerk will des- an amendment. processes as additional registration require- ignate the amendment. The CHAIRMAN. The Clerk will des- ments for sex offenders to improve the level The text of the amendment is as fol- ignate the amendment. of compliance with sex offender registration lows: The text of the amendment is as fol- requirements for change of address upon re- Amendment No. 28 offered by Mr. SENSEN- lows: location and other related updates of per- BRENNER: Amendment No. 18 offered by Mr. CUELLAR: sonal information, the Congress requires the Page 26, after line 7, insert the following: Page 11, line 4, after the comma insert following studies: SEC. 136. ASSISTANCE IN IDENTIFICATION AND ‘‘and a minimum term of imprisonment that (1) Not later than 180 days after the date of LOCATION OF SEX OFFENDERS RE- is no less than 90 days,’’. the enactment of this Act, the Government LOCATED AS A RESULT OF HURRI- Accountability Office shall complete a study CANE KATRINA. Mr. CUELLAR. Mr. Chairman, I rise for the Committee on the Judiciary of the The Attorney General shall provide tech- in support of the Children’s Safety Act; House of Representatives to survey a major- nical assistance to jurisdictions to assist and I offer this amendment, which I be- ity of the States to assess the relative sys- them in the identification and location of lieve is acceptable to the Chair and tems capabilities to comply with a Federal

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20204 CONGRESSIONAL RECORD—HOUSE September 14, 2005 law that required all State driver’s license Unfortunately, several other States have not The CHAIRMAN. The Clerk will des- systems to automatically access State and yet fully updated their DMV and criminal reg- ignate the amendment. national databases of registered sex offend- istry systems. The text of the amendment is as fol- ers in a form similar to the requirement of As a result, concerns have been raised re- lows: the Nevada law described in paragraph (2). The Government Accountability Office shall garding the cost on other States of such a Amendment No. 22 offered by Mr. CONYERS: use the information drawn from this survey, system, and these concerns should be ad- At the end of title I, add the following new along with other expert sources, to deter- dressed. subtitle: mine what the potential costs to the States In consideration of these concerns, my Subtitle C—Children’s Safety Office would be if such a Federal law came into ef- amendment today will require the GAO to SEC. 171. ESTABLISHMENT. fect, and what level of Federal grants would study the feasibility and costs of this driver’s li- There is hereby established within the De- be required to prevent an unfunded mandate. cense requirement. partment of Justice, under the general au- In addition, the Government Accountability This amendment also will require the GAO thority of the Attorney General, a Children’s Office shall seek the views of Federal and to study what type of Federal grant program Safety Office. State law enforcement agencies, including in may be needed to assist the States with im- particular the Federal Bureau of Investiga- SEC. 172. PURPOSE. tion, with regard to the anticipated effects of plementing this requirement. The purpose of the Office is to administer such a national requirement, including po- This study will also seek the opinions and the sex offender registration program under tential for undesired side effects in terms of expertise of Federal and State law enforce- subtitle A and to coordinate with other de- actual compliance with this Act and related ment to ensure that this additional reform of partments, agencies, and offices in pre- laws. our sex offender laws assists them in pro- venting sexual abuse of children, prosecuting (2) Not later than October 2006, the Govern- tecting our children. child sex offenders, and tracking child abus- ment Accountability Office shall complete a Finally, my amendment calls on the GAO to ers post-conviction . study to evaluate the provisions of Chapter study the effectiveness of Nevada’s State law SEC. 173. DIRECTOR. 507 of Statutes of Nevada 2005 to determine— so that Congress and this Nation can learn (a) ADVICE AND CONSENT.—At the head of (A) if those provisions are effective in in- from my State how this system might work on the Office shall be a Director, appointed by creasing the registration compliance rates of a national level and how we can do a better the President, by and with the advice and sex offenders; consent of the Senate. The Director shall re- (B) the aggregate direct and indirect costs job in monitoring sex offenders. port directly to the Attorney General. for the state of Nevada to bring those provi- Since I think that it is prudent for all States (b) QUALIFICATIONS.—The Director shall be sions into effect; and to follow Nevada’s lead, I will also introduce appointed from among distinguished individ- (C) whether those provisions should be stand-alone legislation today that will require uals who have— modified to improve compliance by reg- States to begin implementing Nevada’s driv- (1) proven academic, management, and istered sex offenders. er’s license requirement. leadership credentials; Mr. GIBBONS. Mr. Chairman, our However, I understand the importance of (2) a superior record of achievement; and Nation has a solemn responsibility to ensuring appropriate resources are provided, (3) training or expertise in criminal law or protect the most innocent among us, and will work with Mr. SENSENBRENNER to the exploitation of children, or both. our children. The Children’s Safety Act study this issue so we can move forward in (c) DUTIES.—The Director shall have the following duties: of 2005, introduced by our chairman, implementing these regulations to protect our (1) To maintain liaison with the judicial the gentleman from Wisconsin (Mr. children and prevent these horrible crimes. branches of the Federal and State Govern- SENSENBRENNER), will help to ensure I look forward to gathering the necessary in- ments on matters relating to children’s safe- that sex offenders are registered prop- formation and finding a legislative solution that ty from sex offenders. erly and that they maintain their reg- will not put an undue burden on our States, (2) To provide information to the Presi- istration wherever they reside. but will ensure the safety of our children. dent, the Congress, the Judiciary, State and I originally sought to offer an amend- I want to thank the chairman and his staff local governments, and the general public on ment to this important bill that would for working with me on this issue. matters relating to children’s safety from have required States to ensure that sex Finally, I want to close by expressing my sex offenders. offenders are properly registered before thanks to George Togliatti, Director of the Ne- (3) To serve, when requested by the Attor- they are issued a driver’s license and in vada Department of Public Safety and to ney General, as the representative of the De- partment of Justice on domestic task forces, doing so mandate that their license Donna Coleman, member of Demanding Jus- committees, or commissions addressing pol- would have to be renewed every single tice for America’s Children. icy or issues relating to children’s safety year. The State of Nevada passed a law They both have worked tirelessly with my from sex offenders. earlier this year that does just that. office to ensure that Nevada’s children are (4) To provide technical assistance, coordi- The purpose of such a requirement is protected. nation, and support to— to add another layer of protection for Mr. Chairman, I ask my colleagues to sup- (A) other components of the Department of the children and families of our com- port this amendment. Justice, in efforts to develop policy and to munities. In short, if a sex offender re- Mr. SENSENBRENNER. Mr. Chair- enforce Federal laws relating to sexual as- fuses to keep their registration cur- man, will the gentleman yield? saults against children, including the litiga- rent, which is now a problem facing too Mr. GIBBONS. I yield to the gen- tion of civil and criminal actions relating to enforcing such laws; and many States, then he would be unable tleman from Wisconsin. Mr. SENSENBRENNER. Mr. Chair- (B) other Federal, State, and local agen- to obtain a legal driver’s license. This cies, in efforts to develop policy, provide means that the sex offender is at risk man, as with the previous amendment, I believe this amendment also im- technical assistance, and improve coordina- at any time of being caught driving tion among agencies carrying out efforts to without a license and arrested. proves the bill, and I would urge sup- eliminate sexual assaults against children. I think that this threat can serve as a useful port of it. (5) To exercise such other powers and func- deterrent and encourage sex offenders to Mr. SCOTT of Virginia. Mr. Chair- tions as may be vested in the Director pursu- maintain their registration—in fact, improving man, I rise in opposition to the amend- ant to this or any other Act or by delegation the registration compliance rate of these of- ment and would just point out that of the Attorney General in accordance with fenders. this requirement for a driver’s license law. In a State where over 30 percent of sex of- just adds another little ‘‘gotcha’’ for (6) To establish such rules, regulations, guidelines, and procedures as are necessary fenders are non-compliant and lost in the sys- which someone could be subjected to a 5-year mandatory minimum and, there- to carry out any function of the Office. tem, we took these very same steps in Ne- (7) To oversee— vada to ensure a greater compliance rate. fore, would oppose the amendment. (A) the grant programs under subtitle A; We simply must do everything we can to The CHAIRMAN. The question is on and protect our children and prevent sexual crimes the amendment offered by the gen- (B) any other grant programs of the De- against them. tleman from Nevada (Mr. GIBBONS). partment of Justice to the extent they relate I am proud that Nevada is a leader in this The amendment was agreed to. to sexual assaults against children. Nation in having modern, efficient computer AMENDMENT NO. 22 OFFERED BY MR. CONYERS SEC. 174. ANNUAL REPORT. systems that will allow it to implement this li- Mr. CONYERS. Mr. Chairman, I offer Not later than 180 days after the end of censing procedure. an amendment. each fiscal year for which grants are made

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20205 under subtitle A, the Attorney General shall Mr. CONYERS. Mr. Chairman, I lice units, implementation and enforce- submit to the Committee on the Judiciary of thank the gentleman for his accept- ment of the registration, but would the House of Representatives and the Com- ance of the amendment. I would be provide funds to make sure that local mittee on the Judiciary of the Senate a re- happy to work on any suggested im- units have the resources necessary to port that includes, for each State or other jurisdiction— provements to the amendment. pursue child abusers, including addi- (1) the number of grants made and funds I think we have special offices in the tional staff, training of existing per- distributed under subtitle A; Department of Justice concerning Vio- sonnel, and computers and software (2) a summary of the purposes for which lence Against Women and Cops on the necessary to investigate predators who those grants were provided and an evalua- Beat programs, and I think our chil- find children over the Internet. tion of their progress; dren deserve no less. Mr. SENSENBRENNER. Mr. Chair- (3) a statistical summary of persons served, The CHAIRMAN. The question is on man, will the gentleman yield? detailing the nature of victimization, and the amendment offered by the gen- Mr. CONYERS. I yield to the gen- providing data on age, sex, relationship of tleman from Michigan (Mr. CONYERS). tleman from Wisconsin. victim to offender, geographic distribution, The amendment was agreed to. Mr. SENSENBRENNER. Mr. Chair- race, ethnicity, language, and disability, and man, this amendment sounds good to the membership of persons served in any un- AMENDMENT NO. 24 OFFERED BY MR. CONYERS derserved population; and Mr. CONYERS. Mr. Chairman, I offer me, and I am happy to accept this (4) an evaluation of the effectiveness of an amendment. amendment as well. programs funded under subtitle A. The CHAIRMAN. The Clerk will des- Mr. CONYERS. Mr. Chairman, I SEC. 175. STAFF. ignate the amendment. thank the gentleman from Wisconsin The Attorney General shall ensure that the The text of the amendment is as fol- (Mr. SENSENBRENNER) for his consider- Director has adequate staff to support the lows: ation. Director in carrying out the responsibilities There are few needs as pressing as Amendment No. 24 offered by Mr. CONYERS: of the Director. At the end of title I, add the following new the importance of stopping the sexual SEC. 176. AUTHORIZATION OF APPROPRIATIONS. section (and conform the table of contents abuse of children, and I appreciate the There are authorized to be appropriated accordingly): fact that we are providing special grant such sums as are necessary to carry out this SEC. 1lll. GRANTS TO COMBAT SEXUAL ABUSE programs for prescription drug abuse, subtitle. OF CHILDREN. telemarketing fraud; and now we can SEC. 177. NONMONETARY ASSISTANCE. (a) IN GENERAL.—The Bureau of Justice As- find a way to fund programs to protect In addition to the assistance provided sistance shall make grants to law enforce- the most vulnerable in our society, our under subtitle A, the Attorney General may ment agencies for purposes of this section. children. I urge support of the amend- request any Federal agency to use its au- The Bureau shall make such a grant— thorities and the resources granted to it ment. (1) to each law enforcement agency that The CHAIRMAN. The question is on under Federal law (including personnel, serves a jurisdiction with 50,000 or more resi- equipment, supplies, facilities, and manage- dents; and the amendment offered by the gen- rial, technical, and advisory services) in sup- (2) to each law enforcement agency that tleman from Michigan (Mr. CONYERS). port of State and local assistance efforts serves a jurisdiction with fewer than 50,000 The amendment was agreed to. consistent with the purposes of this title. residents, upon a showing of need. AMENDMENT NO. 19 OFFERED BY MR. POE Mr. CONYERS. Mr. Chairman, my (b) USE OF GRANT AMOUNTS.—Grants under Mr. POE. Mr. Chairman, I offer an amendment creates a national Office of this section may be used by the law enforce- amendment. Children’s Safety within the Depart- ment agency to— The CHAIRMAN. The Clerk will des- (1) hire additional law enforcement per- ignate the amendment. ment of Justice, which would be run by sonnel, or train existing staff to combat the a Presidential appointment and would The text of the amendment is as fol- sexual abuse of children through community lows: report to the Attorney General. The di- education and outreach, investigation of rector’s duties would be to track State complaints, enforcement of laws relating to Amendment No. 19 offered by Mr. POE: At the end of title I, add the following new compliance with new registration re- sex offender registries, and management of section (and amend the table of contents ac- released sex offenders; quirements in the bill and report back cordingly): to Congress on their progress. It would (2) investigate the use of the Internet to fa- cilitate the sexual abuse of children; and SEC. ll. EXPANSION OF TRAINING AND TECH- coordinate the Federal Government’s NOLOGY EFFORTS. (3) purchase computer hardware and soft- (a) TRAINING.—The Attorney General, in response to the sexual abuse of minors ware necessary to investigate sexual abuse of consultation with the Office of Juvenile Jus- and provide expertise and resources for children over the Internet, access local, tice and Delinquency Prevention, shall— the unique crime of child sexual abuse State, and Federal databases needed to ap- (1) expand training efforts with Federal, to States, local, and Federal authori- prehend sex offenders, and facilitate the cre- State, and local law enforcement officers and ation and enforcement of sex offender reg- ties. prosecutors to effectively respond to the istries. threat to children and the public posed by b 1300 (c) AUTHORIZATION OF APPROPRIATIONS.— sex offenders who use the internet and tech- There are authorized to be appropriated such It is important that this amendment, nology to solicit or otherwise exploit chil- sums as may be necessary for fiscal years if accepted, be run by someone quali- dren; 2006 through 2008 to carry out this section. fied for the job. The FEMA incident il- (2) facilitate meetings, between corpora- lustrates this part of the provision. Mr. CONYERS. Mr. Chairman, while tions that sell computer hardware and soft- The large number of sexually ex- there are many different grant pro- ware or provide services to the general pub- ploited children in this country is cer- grams in the Department of Justice lic related to use of the Internet, to identify tainly an emergency. That is why I ask providing resources for initiatives problems associated with the use of tech- my colleagues to support this amend- fighting violent or sexual assault, we nology for the purpose of exploiting children; ment to ensure our Department of Jus- have not found any that are directly (3) host national conferences to train Fed- eral, State, and local law enforcement offi- tice makes combating the exploitation and specifically at local law enforce- cers, probation and parole officers, and pros- of children one of its highest priorities. ment’s ability to protect children from ecutors regarding pro-active approaches to Mr. SENSENBRENNER. Mr. Chair- sexual predators. monitoring sex offender activity on the man, will the gentleman yield? This provision takes an important Internet; Mr. CONYERS. I yield to the gen- step to make sure that after offenders (4) develop and distribute, for personnel tleman from Wisconsin. are prosecuted and released, they are listed in paragraph (3), information regard- Mr. SENSENBRENNER. Mr. Chair- registered and made publicly known. ing multi-disciplinary approaches to holding man, I believe this amendment is a However, it does nothing to prevent offenders accountable to the terms of their constructive addition to the bill. It the abuse from happening in the first probation, parole, and sex offender registra- tion laws; and might need a little fine-tuning regard- place, nor does it help officers inves- (5) partner with other agencies to improve ing the structure of the office, but we tigate and track down offenders after the coordination of joint investigations can do that in conference. I urge the complaints. So this amendment would among agencies to effectively combat on-line House to accept the amendment. not only help fund local sheriff and po- solicitation of children by sex offenders.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20206 CONGRESSIONAL RECORD—HOUSE September 14, 2005 (b) TECHNOLOGY.—The Attorney General, in Mr. POE. I yield to the gentleman your possessions and drove back. When consultation with the Office of Juvenile Jus- from Wisconsin. did you move to Ohio? tice and Delinquency Prevention, shall— Mr. SENSENBRENNER. Mr. Chair- Under this bill as it is right now, if (1) deploy, to all Internet Crimes Against man, I believe the gentleman has an in- you fail to register, you have a manda- Children Task Forces and their partner agen- tory minimum. I think the mandatory cies, technology modeled after the Canadian structive amendment, and I am pre- Child Exploitation Tracking System; and pared to support it. minimum in this case is particularly (2) conduct training in the use of that tech- Mr. SCOTT of Virginia. Mr. Chair- inappropriate. In fact, Mr. Chairman, it nology. man, I move to strike the last word. is a 5-year mandatory minimum. So (c) REPORT.—Not later than July 1, 2006, I join in support of the amendment. the hypothetical I just posed of some- the Attorney General, in consultation with It is money that will be extremely well body moving from California to Ohio, the Office of Juvenile Justice and Delin- spent and actually deals with the prob- the moving truck is there, they fly out quency Prevention, shall submit to Congress lem. I thank the gentleman for intro- twice to Ohio, and finally they are a report on the activities carried out under moved, if they do not register in a this section. The report shall include any ducing the amendment. recommendations that the Attorney Gen- The CHAIRMAN. The question is on timely fashion, and it is a very brief eral, in consultation with the Office, con- the amendment offered by the gen- time they have to register, then what siders appropriate. tleman from Texas (Mr. POE). happens is they must go off to jail for (d) AUTHORIZATION OF APPROPRIATIONS.— The amendment was agreed to. 5 years. This is somebody who has not There are authorized to be appropriated to AMENDMENT NO. 9 OFFERED BY MR. INGLIS OF committed another offense. If they the Attorney General, for fiscal year 2006— SOUTH CAROLINA commit another offense, there are (1) $1,000,000 to carry out subsection (a); mandatory minimums that handle and Mr. INGLIS of South Carolina. Mr. Chairman, I offer an amendment. that. (2) $2,000,000 to carry out subsection (b). This is a failing to register, which is Mr. POE. Mr. Chairman, I rise today The CHAIRMAN. The Clerk will des- ignate the amendment. an important thing. It is very impor- with my colleague, the gentleman from tant that we register, but it seems to California (Mr. SCHIFF), to offer this The text of the amendment is as fol- lows: me that this is a classic case of where training technology amendment. we should give judges discretion within The training and technology amend- Amendment No. 9 offered by Mr. INGLIS of the sentencing guidelines to deal with South Carolina: ment addresses several key issues for exactly the hypothetical I have just de- law enforcement throughout the coun- Page 27, line 7, strike ‘‘not less than 5 years nor’’. scribed. Let the judge decide, well, the try when dealing with Internet crime Page 27, lines 17 through 18, strike ‘‘not person actually did move to Ohio on against children. These crimes com- less than 5 years nor’’. that second trip and when they moved, mitted against children on the Internet Mr. INGLIS of South Carolina. Mr. they failed to register. But maybe they are facilitated by the latest tech- Chairman, I rise in support of the bill, had an appendectomy. If they did, give nologies and advances in computers but hopeful that we can make it even a them some time, give them some grace and the Internet. little bit better. The thrust of the bill because they were clearly attempting Without properly equipping law en- to comply with the law. forcement, these cases will not be in- is clearly a good idea. We need a na- tional registration for sex offenders. On the other hand, the judge could vestigated and prosecuted effectively, hear this person was not attempting to allowing many predators to slip We need to make it with teeth, and that is why I support the underlying comply with the law. They were flout- through the cracks in our criminal jus- ing the layout; and if they were, he tice system. Furthermore, many cases bill. There is, however, this issue of man- gives them some time. involving exploitation and enticement The amendment here would simply datory minimums in the bill. I am a of children on the Internet cross juris- strike the 5-year minimum and make it member of the Committee on the Judi- dictional lines and even international so that it could be up to a maximum of ciary, and I have said there that I am boundaries. There is a great need for 20 years. So a judge could still send the more uncomfortable than ever with our law enforcement prosecutors and inves- flagrant violator, the person who has use of mandatory minimums. We have tigators to have the ability to share in- failed to register, off to jail for a good formation quickly as cases unfold. a coherent system of sentencing called long time because registration is cru- To address these needs, the training the sentencing guidelines. We have cial to the underlying nature of this and technology amendment funds the people who thought very carefully bill. Department of Justice $3 million to do about how it would be that rape, for ex- So I support the bill, and I hope that two things: ample, would compare with bank rob- we can improve it by eliminating what (1) Train law enforcement to use the most bery and how that would compare with could be manifest injustice with a up to date technology while investigating and cashing bad checks, and so they came mandatory minimum that is unchange- collecting evidence from a suspected internet up with a system. able by a judge, a judge who can see predator—for example, recovering files from Into that system have come some re- the circumstances. Of course that re- hard drives of suspected child pornographers. actions from Congress to particularly quires some trust in the judges, but I (2) Provide hardware and training to use heinous crimes. The result is sort of a am thinking we can do that. At least in software that Microsoft is developing and do- patchwork of mandatory minimums South Carolina, we have good judges, nating to the Department of Justice. A similar that disrupt the coherent system es- judges who make decisions that seem project has successfully been implemented in tablished by the sentencing guidelines. to be consistent with the spirit of this Canada. The software would link Office of Ju- So here today we have a bill before us law. venile Justice and Delinquency Preventions’ that has a particularly dangerous man- If jurisdictions have judges who do 46 regional Internet Crimes Against Children datory minimum when it comes to the not do that, perhaps there should be Units with one database. This will allow law situation of someone failing to reg- some pressure brought to bear on these enforcement across the country and even ister. judges and, in fact, impeachments if internationally to work together and share in- Now, I think it is pretty confusing those judges consistently violate the formation on cases that cross jurisdictions. when you move from State to State. In sentencing guidelines. But let us let In order for the Child Safety Act to be suc- fact, it is quite often the case that you the system work; let us let the Con- cessfully implemented, law enforcement must send your possessions on ahead in a stitution work and respect the judici- be equipped and trained to meet the chal- moving van; and the question is when ary and respect the competence of the lenges of investigating cases involving ad- did you move from California to Ohio, people that the U.S. Senate confirms. vanced technological tools. I urge my col- was it when the moving van got there, We have a confirmation hearing going leagues to support this important amendment. or was it when you took the first flight on right now where we are confirming, Mr. SENSENBRENNER. Mr. Chair- from California to Ohio, but then you I hope, somebody who is clearly a capa- man, will the gentleman yield? returned to California to get the rest of ble jurist. When he is on that Court, we

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20207 should defer to him because he is a co- b 1315 minimum 5 years for giving a tech- equal branch of the Federal Govern- Never again should our communities nically false statement regarding this ment. have to suffer from the fear of uniden- registration when, under the same sec- So my amendment is very simple. It tified sex offenders in their commu- tion of the law, there is a maximum of strikes the mandatory minimum in the nities, their schools, and their youth 8 years, no minimum sentence, for ei- case of failing to register. I hope my organizations. ther making a false statement in con- colleagues will support it. Similarly, the 5-year mandatory min- nection with international or domestic Mr. SENSENBRENNER. Mr. Chair- imum for false statements made during terrorism. A false statement on ter- man, I rise in opposition to the amend- a sexual abuse investigation is critical. rorism, 8 years maximum, no min- ment. The facts surrounding the Jessica imum; technical violation on registra- Mr. Chairman, this amendment de- Lunsford case in Florida demonstrate tion, 5 years mandatory minimum, 20 letes the 5-year mandatory minimum that time is of the essence and false years possibility. sentence for a sex offender who crosses statements can make the difference be- Again, this amendment retains the 20-year maximum for cases such as State lines to fail to register in the tween life and death of a missing child. those cited by the chairman, but it al- new State and also deletes the 5-year In the Lunsford case, three witnesses lows common sense in determining mandatory minimum for making false knew that John Couey, the alleged rap- which offenders would get what sen- statements in a sexual abuse investiga- ist and murderer of 9-year-old Jessica Lunsford, was living within 150 yards of tence for what violations. tion. We have been told by the Sentencing Let me say that the whole issue of Jessica’s house but failed to tell inves- tigators. If they had told the truth, Commission and the Judicial Con- the sentencing guidelines has been a ference time and time again that man- very vexatious one. Earlier this year, maybe, just maybe, Jessica Lunsford would be alive today. datory minimum sentences violate the Supreme Court decided two cases A 5-year mandatory minimum pen- common sense. For someone who de- that made the sentencing guidelines alty would ensure truthful and full co- serves the time, the mandatory min- only advisory, rather than mandatory. operation by witnesses in such inves- imum has no effect because they will So if this amendment is adopted, tigations. It is an important policy get the time. For those who do not de- judges will be given the power to place goal, and these penalties send a strong serve the time, that violates common on probation those who were convicted deterrent message. sense. They will get that time anyway. of not registering in a new State or I strongly urge opposition to this In everyday experiences judges can making a false statement to law en- amendment. see differences, great and small, in the forcement relative to a sexual abuse Mr. SCOTT of Virginia. Mr. Chair- facts and circumstances in the cases investigation. man, I move to strike the last word. before them. The name of the crime is I do not think that probation is ad- Mr. Chairman, this amendment often a poor indicator of the facts and visable in these instances, and that is eliminates the 5-year mandatory min- circumstances of the crime. So it why this amendment should be de- imum for failing to properly register makes sense to have a rational assess- feated. and the 5-year mandatory minimum for ment by one who has heard and seen The most significant enforcement falsifying registration information, the evidence and facts and cir- issue that exists today in the sex of- with the possibility still of 20 years. cumstances of the case making the ap- fender program is that over 100,000 sex The amendment keeps the 20-year propriate decision within the guide- offenders, or nearly one-fifth in the Na- maximum for both crimes and leaves it lines set by the Sentencing Commis- tion, are ‘‘missing,’’ meaning they have to the Sentencing Commission and the sion relating to the gradations in seri- not complied with the sex offender reg- courts to determine the gradations of ousness of the crime and the other istration requirements. This typically seriousness and the punishment for characteristics. That is why we set up occurs when the sex offenders move violations based on the facts and cir- the Sentencing Reform Act that set up from one State to another. cumstances of the violation. the Sentencing Commission, and these To ensure compliance with the reg- It is absurd that misdemeanants and mandatory minimums obviously vio- istration requirements, States are re- other minor offenders who get a sus- late that entire system. quired to inform the sex offender of his pended sentence for a crime that was Of course, under the Federal system, or her obligations and obtain a signed committed 15 years ago could get a 5- the ones who will primarily be affected year mandatory minimum sentence for form indicating he or she understands will be Native Americans because they a technical violation of a registration those obligations and will comply with try all their cases in Federal courts; requirement such as showing up at 5:30 them. In order to address the problem and it is unfair to them and unfair to on the last day of registration when of the missing sex offenders, that is, common sense where identical offenses the office closed at 5 o’clock or failing those who fail to comply with moving can be committed, one by a Native to register the fact that they are in a from one State to another, sex offend- American, another a few miles away, community college that has different the same crime and vastly different ers will now face Federal prosecution sites. Do they have to register every- sentences because the Native American with a mandatory minimum of 5 years. where they might take a class or just is stuck in Federal court with the 5- The combination of incentives for the the main registration place for the year mandatory minimum. These man- sex offender to comply and stiff crimi- community college? Or if they work in datory minimums violate common nal penalties and additional law en- construction, if they register at the sense, and so I am delighted to join the forcement resources to focus on this home office of the construction com- gentleman from South Carolina in this problem should help address the over- pany, do they also have to register at amendment and hope our colleagues whelming number of noncomplying or each location where they are doing will support it. ‘‘missing’’ sex offenders in our commu- construction? If they guess wrong, 5 Mr. FOLEY. Mr. Chairman, I move to nity. years mandatory minimum, no discre- strike the requisite number of words. The 5-year mandatory minimum pen- tion on the part of the judge. Mr. Chairman, I strongly oppose this alty is a critical component of this new Are our children going to be safer or amendment. enforcement scheme, and this amend- less safe if an offender knows that he is Sex offenders are the worst in our so- ment punches a hole in that enforce- in technical violation? If he shows up ciety. They prey on our children as if ment scheme and allows a loophole to to register after he has been in tech- they were cattle. The idea that they have the current situation continue to nical violation, he knows he is looking will voluntarily register needs to be fester. The mandatory minimum ap- at a 5-year mandatory minimum. Is he thrown out the window because they plies for a knowing violation that will going to show up or not? simply will not. help ensure that sex offenders comply Mr. Chairman, it is also absurd that Time and time again we have seen with all registration requirements. an offender would be sentenced to a experiences where these people realize

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20208 CONGRESSIONAL RECORD—HOUSE September 14, 2005 that the microscope of society is upon tencing Commission and Federal and directed against juveniles’’ after ‘‘data them. So they move and they try to re- judges to come up with a system to fig- acquired under this section’’. locate into other communities. Our ure out whether that person that the Mr. CONYERS. Mr. Chairman, I offer States, our 50 States, many are border gentleman is describing, flagrantly vio- this amendment to the bill to address a States whereby if they are in Tallahas- lating it, should go off for 20 years as blight on our society, the scourge of see, Florida, it is very easy to go to opposed to the hypothetical that I hate violence. Because, currently, we Valdosta, Georgia, very easy to get a posed as somebody in confusion about lack sufficient data to assist in deter- new job and a new occupation. when exactly they moved, let us say, mining how to address bias crime di- That has been the problem with the from California to Florida, as to rected toward children. This amend- laws. We cannot properly track these whether that case deserves a manda- ment would correct that oversight. offenders. We cannot follow their tory minimum of 5 years. For the year 2003, for example, the whereabouts. And if we do not have a Because what we are doing here, if most recent available data, the FBI strict punishment on them, they sim- this amendment fails, is tying the compiled reports from law enforcement ply will continue to move about the hands of that judge in Ohio such that agencies across the country identifying country and prey on vulnerable chil- he must or she must send the person 7,489 criminal incidents that were mo- dren in other States. off for 5 years if there was confusion tivated by an offender’s irrational an- For God’s sake, if I come to Wash- about when and how they moved to the tagonism towards some personal at- tribute associated with the victim. ington, D.C., and want to get a Block- State of Ohio. It may be somebody who buster movie, I have to get a new reg- Mr. SENSENBRENNER. Mr. Chair- did not flagrantly violate. It was just man, will the gentleman yield? istration card. I have to put down my confusion as to when they moved. And credit card, my driver’s license to rent Mr. CONYERS. I yield to the gen- if we have sentencing guidelines and tleman from Wisconsin. a movie. And if I fail to return the judges that follow those guidelines, if movie, they charge me for the movie. Mr. SENSENBRENNER. Mr. Chair- they do not, put pressure on them and man, I am prepared to accept this There are penalties for violating sim- then impeach them. ple rules of video rentals, and my col- amendment. Mr. FOLEY. Mr. Chairman, reclaim- Mr. CONYERS. Mr. Chairman, re- leagues would have us believe, oh, let ing my time, I wish the perpetrator claiming my time, I thank the chair- us not be too harsh on these people. would have thought about the pen- man for accepting the amendment. Jessica Lunsford was buried in a gar- alties before they committed the Law enforcement agencies have identified bage bag by a known sex offender who crime. The minimum mandatory may 9,100 victims arising from 8,715 separate failed to register. Oh, let us not give tie the hands of judges, but it will, in criminal offenses. FBI data has also revealed him a 5-year minimum mandatory. Let fact, tie the hands of the predator. that a disproportionately high percentage of us not inconvenience him, John Couey. They know full well before they are re- both the victims and the perpetrators of hate Let us not cause any unnecessary pa- leased what the requirements are, and violence were children, young people under 18 perwork for John Couey, while Jessica if there is confusion, it is the perpetra- years of age. Lunsford is in a plastic garbage bag. The FBI’s annual Hate Crime Statistics Act We have to have a driver’s license in tor’s fault. I do not want it to be relied upon the victim to say the victim report provides the best snapshot of the mag- the State in which we live. We have to nitude of the hate violence problem in Amer- have a license tag in the State in which should have known he may have been a perpetrator but we were not registered. ica. However, there is a paucity of regularly we reside. It takes us 48 hours to get published information about juvenile hate our cable installed. But, God, no, let us The CHAIRMAN. The question is on the amendment offered by the gen- crime offenses because the statute does not not inconvenience by mandatory pun- require data analysis for gender or juvenile ishment if a sex offender fails to re- tleman from South Carolina (Mr. ING- LIS). categories. port. This is an important omission, as indicated They are instructed before they are The question was taken; and the Chairman announced that the noes ap- by a special DOJ report on the subject in released of the obligations of their sen- 2001. This report, which carefully analyzed tencing. They are told they must re- peared to have it. Mr. INGLIS of South Carolina. Mr. nearly 3,000 of the 24,000 hate crimes to the port in the new State. They are given FBI from 1997 to 1999, revealed that a dis- adequate warning. For far too long we Chairman, I demand a recorded vote. The CHAIRMAN. Pursuant to clause proportionately high percentage of both the have opened up our jails and said hope victims and the perpetrators of hate violence you are better and then lost track of 6 of rule XVIII, further proceedings on the amendment offered by the gen- were young people under 18 years of age. For them. I said it before, we track library example: 30 percent of all victims of bias-moti- tleman from South Carolina (Mr. ING- books better than we do these crimi- vated aggravated assaults and 34 percent of LIS) will be postponed. nals, and it is time we balance the the victims of simple assault were under 18. scale of justice in favor of our children. AMENDMENT NO. 23 OFFERED BY MR. CONYERS As we address legislation for the protection Mr. INGLIS of South Carolina. Mr. Mr. CONYERS. Mr. Chairman, I ask of children, we should utilize the full extent of Chairman, will the gentleman yield? unanimous consent to offer amendment Federal resources and data collection plays an Mr. FOLEY. I yield to the gentleman No. 23 at this time. important role. I hope that this amend will find from South Carolina. The CHAIRMAN. Is there objection broad support so that we can work to elimi- Mr. INGLIS of South Carolina. Mr. to the consideration of the gentleman’s nate hate violence directed against young Chairman, I agree exactly with what amendment at this point? The amend- people. the gentleman just said, and that is ment is in title III. The CHAIRMAN. The question is on why I am voting for the underlying There was no objection. the amendment offered by the gen- bill. The CHAIRMAN. The Clerk will des- tleman from Michigan (Mr. CONYERS). But the gentleman said earlier that ignate the amendment. The amendment was agreed to. this is some kind of voluntary registra- The text of the amendment is as fol- The CHAIRMAN. Are there further tion. There is nothing voluntary about lows: amendments to title I? this. We, in strong action here, are re- Amendment No. 23 offered by Mr. CONYERS: The Clerk will designate title II. quiring exactly the person he just de- At the end of title III insert the following: The text of title II is as follows: scribed to register, and we say to them SEC. 304. STATISTICS. TITLE II—DNA FINGERPRINTING they must register within the pre- (a) COVERAGE.—Subsection (b)(1) of the SEC. 201. SHORT TITLE. scribed period. There is no voluntary first section of the Hate Crime Statistics Act This title may be cited as the ‘‘DNA (28 U.S.C. 534 note) is amended by inserting nature to that. That is a strong and Fingerprinting Act of 2005’’. ‘‘gender,’’ before ‘‘or ethnicity’’. SEC. 202. EXPANDING USE OF DNA TO IDENTIFY good law. That is what we are doing (b) DATA.—Subsection (b)(5) of the first AND PROSECUTE SEX OFFENDERS. here. section of the Hate Crime Statistics Act (28 (a) EXPANSION OF NATIONAL DNA INDEX SYS- The question is whether we can trust U.S.C. 534 note) is amended by inserting ‘‘, TEM.—Section 210304 of the DNA Identification the sentencing guidelines and the Sen- including data about crimes committed by Act of 1994 (42 U.S.C. 14132) is amended—

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20209 (1) in subsection (a)(1)(C), by striking ‘‘, pro- The CHAIRMAN. The gentleman will ‘‘(B) Any motion for an evidentiary hearing vided’’ and all that follows through ‘‘System’’; state his inquiry. shall be granted or denied not later than 30 and Mr. SCOTT of Virginia. Mr. Chair- days after the date on which the party opposing (2) by striking subsections (d) and (e). such motion files a pleading in opposition to (b) DNA SAMPLE COLLECTION FROM PERSONS man, are we in title III? The CHAIRMAN. The Clerk just des- such motion or, if no timely pleading in opposi- ARRESTED OR DETAINED UNDER FEDERAL AU- tion is filed, the date on which such pleading in THORITY.— ignated title II. opposition is due. (1) IN GENERAL.—Section 3 of the DNA Anal- The Clerk will designate title III. ‘‘(C) Any evidentiary hearing shall be— ysis Backlog Elimination Act of 2000 (42 U.S.C. The text of title III is as follows: ‘‘(i) convened not less than 60 days after the 14135a) is amended TITLE III—PREVENTION AND DETER- order granting such hearing; and (A) in subsection (a)— RENCE OF CRIMES AGAINST CHILDREN ‘‘(ii) completed not more than 150 days after (i) in paragraph (1), by striking ‘‘The Direc- ACT OF 2005 the order granting such hearing. tor’’ and inserting the following: ‘‘(A) The Attorney General may, as provided SEC. 301. SHORT TITLE. ‘‘(D) A district court shall enter a final order, by the Attorney General by regulation, collect This title may be cited as the ‘‘Prevention and granting or denying the application for a writ of DNA samples from individuals who are arrested, Deterrence of Crimes Against Children Act of habeas corpus, not later than 15 months after detained, or convicted under the authority of 2005’’. the date on which the State files its answer or, the United States. The Attorney General may SEC. 302. ASSURED PUNISHMENT FOR VIOLENT if no timely answer is filed, the date on which delegate this function within the Department of CRIMES AGAINST CHILDREN. such answer is due, or not later than 60 days (a) SPECIAL SENTENCING RULE.—Subsection Justice as provided in section 510 of title 28, after the case is submitted for decision, which- (d) of section 3559 of title 18, United States United States Code, and may also authorize and ever is earlier. Code, is amended to read as follows: direct any other agency of the United States ‘‘(E) If the district court fails to comply with ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRIS- that arrests or detains individuals or supervises the requirements of this paragraph, the State ONMENT FOR VIOLENT CRIMES AGAINST CHIL- individuals facing charges to carry out any may petition the court of appeals for a writ of DREN.—A person who is convicted of a felony function and exercise any power of the Attorney mandamus to enforce the requirements. The crime of violence against the person of an indi- court of appeals shall grant or deny the petition General under this section. vidual who has not attained the age of 18 years ‘‘(B) The Director’’; and for a writ of mandamus not later than 30 days (ii) in paragraphs (3) and (4), by striking ‘‘Di- shall, unless a greater mandatory minimum sen- after such petition is filed with the court. rector of the Bureau of Prisons’’ each place it tence of imprisonment is otherwise provided by ‘‘(4) For an application described in para- appears and inserting ‘‘Attorney General, the law and regardless of any maximum term of im- graph (2), the following requirements shall Director of the Bureau of Prisons,’’; and prisonment otherwise provided for the offense— apply in the court of appeals: (B) in subsection (b), by striking ‘‘Director of ‘‘(1) if the crime of violence results in the ‘‘(A) A timely filed notice of appeal from an the Bureau of Prisons’’ and inserting ‘‘Attorney death of a person who has not attained the age order issuing a writ of habeas corpus shall oper- General, the Director of the Bureau of Pris- of 18 years, be sentenced to death or life in pris- ate as a stay of that order pending final disposi- ons,’’. on; tion of the appeal. ‘‘(2) if the crime of violence is kidnapping, ag- (2) CONFORMING AMENDMENT.—Subsections (b) ‘‘(B) The court of appeals shall decide the ap- and (c)(1)(A) of section 3142 of title 18, United gravated sexual abuse, sexual abuse, or maim- peal from an order granting or denying a writ of States Code, are each amended by inserting ing, or results in serious bodily injury (as de- habeas corpus— ‘‘and subject to the condition that the person fined in section 2119(2)) be imprisoned for life or ‘‘(i) not later than 120 days after the date on cooperate in the collection of a DNA sample any term of years not less than 30; which the brief of the appellee is filed or, if no ‘‘(3) if the crime of violence results in bodily from the person if the collection of such a sam- timely brief is filed, the date on which such brief injury (as defined in section 1365) or is an of- ple is authorized pursuant to section 3 of the is due; or fense under paragraphs (1), (2), or (5) of section DNA Analysis Backlog Elimination Act of 2000 ‘‘(ii) if a cross-appeal is filed, not later than 2244(a), be imprisoned for life or for any term of (42 U.S.C. 14135a)’’ after ‘‘period of release’’. 120 days after the date on which the appellant years not less than 20; (c) TOLLING OF STATUTE OF LIMITATIONS IN files a brief in response to the issues presented ‘‘(4) if a dangerous weapon was used during SEXUAL ABUSE CASES.—Section 3297 of title 18, by the cross-appeal or, if no timely brief is filed, and in relation to the crime of violence, be im- United States Code, is amended by striking ‘‘ex- the date on which such brief is due. prisoned for life or for any term of years not less cept for a felony offense under chapter 109A,’’. ‘‘(C)(i) Following a decision by a panel of the than 15; and court of appeals under subparagraph (B), a pe- SEC. 203. STOPPING VIOLENT PREDATORS ‘‘(5) in any other case, be imprisoned for life AGAINST CHILDREN. tition for panel rehearing is not allowed, but re- or for any term of years not less than 10.’’. In carrying out Acts of Congress relating to hearing by the court of appeals en banc may be DNA databases, the Attorney General shall give SEC. 303. ENSURING FAIR AND EXPEDITIOUS FED- requested. The court of appeals shall decide ERAL COLLATERAL REVIEW OF CON- appropriate consideration to the need for the VICTIONS FOR KILLING A CHILD. whether to grant a petition for rehearing en collection and testing of DNA to stop violent (a) LIMITS ON CASES.—Section 2254 of title 28, banc not later than 30 days after the date on predators against children. United States Code, is amended by adding at the which the petition is filed, unless a response is SEC. 204. MODEL CODE ON INVESTIGATING MISS- end the following: required, in which case the court shall decide ING PERSONS AND DEATHS. ‘‘(j)(1) A court, justice, or judge shall not have whether to grant the petition not later than 30 (a) MODEL CODE REQUIRED.—Not later than jurisdiction to consider any claim relating to the days after the date on which the response is 60 days after the date of the enactment of this judgment or sentence in an application de- filed or, if no timely response is filed, the date Act, the Attorney General shall publish a model scribed under paragraph (2), unless the appli- on which the response is due. code setting forth procedures to be followed by cant shows that the claim qualifies for consider- ‘‘(ii) If rehearing en banc is granted, the court law enforcement officers when investigating a ation on the grounds described in subsection of appeals shall make a final determination of missing person or a death. The procedures shall (e)(2). Any such application that is presented to the appeal not later than 120 days after the date include the use of DNA analysis to help locate a court, justice, or judge other than a district on which the order granting rehearing en banc missing persons and to help identify human re- court shall be transferred to the appropriate dis- is entered. mains. trict court for consideration or dismissal in con- ‘‘(D) If the court of appeals fails to comply (b) SENSE OF CONGRESS.—It is the sense of formity with this subsection, except that a court with the requirements of this paragraph, the Congress that each State should, not later than of appeals panel must authorize any second or State may petition the Supreme Court or a jus- 1 year after the date on which the Attorney successive application in conformity with sec- tice thereof for a writ of mandamus to enforce General publishes the model code, enact laws tion 2244 before any consideration by the district the requirements. implementing the model code. court. ‘‘(5)(A) The time limitations under paragraphs (c) GAO STUDY.—Not later than 2 years after ‘‘(2) This subsection applies to an application (3) and (4) shall apply to an initial application the date on which the Attorney General pub- for a writ of habeas corpus on behalf of a per- described in paragraph (2), any second or suc- lishes the model code, the Comptroller General son in custody pursuant to the judgment of a cessive application described in paragraph (2), shall submit to Congress a report on the extent State court for a crime that involved the killing and any redetermination of an application de- to which States have implemented the model of a individual who has not attained the age of scribed in paragraph (2) or related appeal fol- code. The report shall, for each State— 18 years. lowing a remand by the court of appeals or the (1) describe the extent to which the State has ‘‘(3) For an application described in para- Supreme Court for further proceedings. implemented the model code; and graph (2), the following requirements shall ‘‘(B) In proceedings following remand in the (2) to the extent the State has not imple- apply in the district court: district court, time limits running from the time mented the model code, describe the reasons why ‘‘(A) Any motion by either party for an evi- the State files its answer under paragraph (3) the State has not done so. dentiary hearing shall be filed and served not shall run from the date the remand is ordered if PARLIAMENTARY INQUIRY later than 90 days after the State files its an- further briefing is not required in the district Mr. SCOTT of Virginia. Parliamen- swer or, if no timely answer is filed, the date on court. If there is further briefing following re- tary inquiry, Mr. Chairman. which such answer is due. mand in the district court, such time limits shall

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20210 CONGRESSIONAL RECORD—HOUSE September 14, 2005 run from the date on which a responsive brief is Mr. SENSENBRENNER. Mr. Chair- State of Nevada, we hire about 1,400 to filed or, if no timely responsive brief is filed, the man, will the gentleman yield? 2,000 new teachers a year. Unfortu- date on which such brief is due. Mr. BAIRD. I yield to the gentleman nately, some States are not able to ‘‘(C) In proceedings following remand in the court of appeals, the time limit specified in from Wisconsin. share information regarding the crimi- paragraph (4)(B) shall run from the date the re- Mr. SENSENBRENNER. Mr. Chair- nal activity of these particular teach- mand is ordered if further briefing is not re- man, I think this study is a good idea. ers. quired in the court of appeals. If there is further I believe that child abusers should be Mr. SENSENBRENNER. Mr. Chair- briefing in the court of appeals, the time limit tracked the same way as sex offenders. man, will the gentleman yield? specified in paragraph (4)(B) shall run from the If the gentleman is prepared to yield Mr. PORTER. I yield to the gen- date on which a responsive brief is filed or, if no back, I will be happy to accept his tleman from Wisconsin. timely responsive brief is filed, from the date on amendment. Mr. SENSENBRENNER. Mr. Chair- which such brief is due. ‘‘(6) The failure of a court to meet or comply The CHAIRMAN. The question is on man, I will make the same offer I have with a time limitation under this subsection the amendment offered by the gen- made to others. This is a great amend- shall not be a ground for granting relief from a tleman from Washington (Mr. BAIRD). ment, and we are happy to accept it. judgment of conviction or sentence, nor shall The amendment was agreed to. Mr. PORTER. Mr. Chairman, I thank the time limitations under this subsection be AMENDMENT NO. 3 OFFERED BY MR. PORTER the gentleman from Wisconsin. construed to entitle a capital applicant to a stay Mr. PORTER. Mr. Chairman, I offer The CHAIRMAN. The question is on of execution, to which the applicant would oth- the amendment offered by the gen- erwise not be entitled, for the purpose of liti- an amendment. The CHAIRMAN. The Clerk will des- tleman from Nevada (Mr. PORTER). gating any application or appeal.’’. The amendment was agreed to. (b) VICTIMS’ RIGHTS IN HABEAS CASES.—Sec- ignate the amendment. tion 3771(b) of title 18, United States Code, is The text of the amendment is as fol- AMENDMENTS NO. 4 AND 7 OFFERED BY MR. amended by adding at the end the following: lows: SCOTT OF VIRGINIA ‘‘The rights established for crime victims by this Mr. SCOTT of Virginia. Mr. Chair- Amendment No. 3 offered by Mr. PORTER: section shall also be extended in a Federal ha- At the end of title III of the bill, insert the man, I offer amendments 4 and 7, which beas corpus proceeding arising out of a State following (and make such conforming unanimous consent was granted to con- conviction to victims of the State offense at changes to the table of contents as may be sider at this point. issue.’’. necessary): (c) APPLICATION TO PENDING CASES.— The CHAIRMAN. The Clerk will des- (1) IN GENERAL.—The amendment made by SEC. 304. ACCESS TO FEDERAL CRIME INFORMA- ignate the amendments. this section apply to cases pending on the date TION DATABASES BY EDUCATIONAL The text of the amendments is as fol- of the enactment of this Act as well as to cases AGENCIES FOR CERTAIN PURPOSES. lows: commenced on and after that date. (a) IN GENERAL.—The Attorney General of the United States shall, upon request of the Amendment No. 4 offered by Mr. SCOTT of (2) SPECIAL RULE FOR TIME LIMITS.—In a case Virginia: pending on the date of the enactment of this chief executive officer of a State, conduct fingerprint-based checks of the national Page 31, line 17, strike ‘‘not less than 10’’. Act, if the amendment made by subsection (a) Page 43, line 10, strike paragraph (1) and provides that a time limit runs from an event or crime information databases (as defined in section 534(e)(3)(A) of title 28, United States redesignate succeeding paragraphs accord- time that has occurred before that date, the time ingly. limit shall instead run from that date. Code), pursuant to a request submitted by a local educational agency or State edu- Page 44, beginning on line 5, strike ‘‘not AMENDMENT NO. 14 OFFERED BY MR. BAIRD cational agency in that State, on individuals less than 10 years and’’. Mr. BAIRD. Mr. Chairman, I offer an under consideration for employment by the Page 45, line 8, strike subparagraph (A) and amendment. agency in a position in which the individual redesignate succeeding subparagraphs ac- The CHAIRMAN. The Clerk will des- would work with or around children. Where cordingly. Page 45, line 11, strike the semicolon and ignate the amendment. possible, the check shall include a finger- insert ‘‘; and’’. The text of the amendment is as fol- print-based check of State criminal history Page 45, line 18, strike the semicolon and lows: databases. The Attorney General and the insert a period. States may charge any applicable fees for Amendment No. 14 offered by Mr. BAIRD: Page 45, strike line 19 through line 6 on these checks. Add at the end of title III the following: page 46. (b) PROTECTION OF INFORMATION.—An indi- SEC. 304. STUDY OF INTERSTATE TRACKING OF Page 46, strike line 18 and all that follows vidual having information derived as a result PERSONS CONVICTED OF OR UNDER through line 8 on page 47. INVESTIGATION FOR CHILD ABUSE. of a check under subsection (a) may release Page 47, line 4, strike the semicolon and in- (a) STUDY.—The Attorney General, in con- that information only to an appropriate offi- sert ‘‘; and’’. sultation with the Secretary of Health and cer of a local educational agency or State Page 47, line 5, strike ‘‘; and’’ and insert a Human Services, shall study the establish- educational agency, or to another person au- period. ment of a nationwide interstate tracking thorized by law to receive that information. Page 47, starting on line 6, strike clause system of persons convicted of, or under in- (c) CRIMINAL PENALTIES.—An individual (iii) and all that follows through line 13 on vestigation for, child abuse. The study shall who knowingly exceeds the authority in sub- page 49. include an analysis, along with the costs and section (a), or knowingly releases informa- Page 55, strike section 504 and all that fol- benefits, of various mechanisms for estab- tion in violation of subsection (b), shall be lows through line 22 on page 57, and redesig- lishing an interstate tracking system, and imprisoned not more than 10 years or fined nate succeeding sections accordingly. include the extent to which existing reg- under title 18, United States Code, or both. Page 68, line 21, strike the semicolon and istries could be used. (d) DEFINITION.—In this section, the terms insert ‘‘; and’’. (b) REPORT.—Not later than 90 days after ‘‘local educational agency’’ and ‘‘State edu- Page 68, strike lines 22 through 23. the date of the enactment of this Act, the cational agency’’ have the meanings given to Page 69, strike lines 8 through 11. Secretary shall report to the Congress the those terms in section 9101 of the Elemen- Amendment No. 7 offered by Mr. SCOTT of results of the study under this section. tary and Secondary Education Act of 1965 (20 Virginia: Mr. BAIRD. Mr. Chairman, this is a U.S.C. 7801). Amendment No. 7: Strike section 302. Re- commonsense amendment designed to designate any succeeding sections accord- address a problem that most people are b 1330 ingly. unaware of but I believe adversely af- Mr. PORTER. Mr. Chairman, again, I Page 44, strike line 10 and all that follows fects thousands of children across this appreciate the opportunity to speak on through line 2 on page 11. country. this great bill today, but I think we Mr. SCOTT of Virginia. Mr. Chair- Every week, child protective agen- can add a few things. man, these amendments eliminate sec- cies throughout the U.S. receive more We send our children off to school tion 302 from the bill. Section 302 is ex- than 50,000 reports of suspected child every day and we trust that our teach- tremely problematic. abuse or neglect. A total of 2.6 million ers are the best and the safest and the First of all, it includes a death pen- reports were filed in 2002. In approxi- best trained in the country. Unfortu- alty that applies to unintentional mately two-thirds of these cases there nately, there are a small few, a number deaths. That raises severe constitu- is sufficient evidence to prompt an as- of teachers across this country who are tional problems that you could be put sessment. slipping between the cracks. In the to death for an unintentional act. We

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20211 already have penalties for the death We need to remove this section, and The Acting CHAIRMAN (Mr. penalty for intentional acts. This I hope that is what we do by adopting SWEENEY). The question is on the would add unintentional acts. the amendment. amendments offered by the gentleman Over 100 people have been totally ex- Mr. SENSENBRENNER. Mr. Chair- from Virginia (Mr. SCOTT). onerated or otherwise released from man, I rise in opposition to the amend- The amendments were rejected. death row due to erroneous death pen- ments. AMENDMENT NO. 13 OFFERED BY MR. FLAKE alties, and one study showed that 68 of Mr. Chairman, the gentleman from Mr. FLAKE. Mr. Chairman, I offer an death penalties were overturned as ille- Virginia’s opposition to both manda- amendment. gal. That does not include the ones tory minimum penalties and the death The Acting CHAIRMAN. The Clerk where mistakes were made for which penalty is well-known and respected. I will designate the amendment. the error was so-called ‘‘harmless.’’ believe in this case he is wrong. The text of the amendment is as fol- Other studies have shown that death First of all, we do need to have a lows: penalties have been discriminatory swift and effective death penalty in the Amendment No. 13 offered by Mr. FLAKE: against minorities, either affecting the case of violent offenders who murder Page 42, line 6, strike the close quotation children. There have been several sci- mark and the period that follows. consideration, undue consideration of Page 42, after line 6, insert the following: the race of the defendant or the race of entifically balanced, statistical studies ‘‘(k) SENTENCING CLAIMS.—A court, justice, the victim. that consistently show that the death or judge shall not have jurisdiction to con- We, a few years ago, passed the Inno- penalty is a deterrent; and I think that sider an application with respect to an error cence Protection Act, which provides if it is just a little bit of a deterrent relating to the applicant’s sentence or sen- for effective counsel and case develop- when we are dealing with our kids, tencing that has been found to be harmless ment to be well-funded, but we have that is enough to say that the amend- or not prejudicial in State court proceedings, not fully funded that Innocence Protec- ment should be defeated. or that was found by a State court to be pro- Secondly, we have talked quite a bit cedurally barred, unless a determination tion Act, so until it is fully funded, we that the error is not structural is contrary should not be passing more death pen- about mandatory minimum penalties to clearly established Federal law, as deter- alties. in the context of the previous amend- mined by the Supreme Court of the United In addition, section 302 includes man- ment that was offered by the gen- States.’’. datory minimums. Let us see what tleman from South Carolina (Mr. ING- Mr. FLAKE. Mr. Chairman, this these mandatory minimums are for. LIS). Let me say that if all mandatory amendment will reduce the backlog Any felonious attack on someone under minimum penalties contained in this and delay of the Federal courts’ dock- 18 years of age. That would include a bill for sexual abuse and exploitation ets by limiting harmless error sen- schoolyard brawl which gets bad of children are eliminated, it does tencing claims. These are claims in enough when they start throwing allow judges to send out into society which the Federal court is asked to re- chairs at each other or something like on probation people who have been con- view alleged errors in death penalty that. If there is no injury in that situa- victed of sex offenses for or against cases in State court that were either tion, that is a 10-year mandatory min- children. When I think of anybody who procedurally defaulted, in which the imum. If a dangerous weapon, whatever does something like that, we should defendant failed to present the claim in that means, is used, then you get 15 tell society and those who might be State court; or, two, that already have years, if there is no injury. Now, if thinking of committing such a crime been reviewed by the State courts and there is actually an injury, then the that if you do the crime, you are sure have been determined to be harmless mandatory minimum for this brawl for to do some time. and that only relate to the prisoner’s teenagers fighting teenagers would be I kind of listened with interest and sentencing, not the portion of the trial 20 years; and if the crime of violence is with respect to the argument of the that determines guilt or innocence. a more serious offense, then 30 years gentleman from South Carolina (Mr. Under this amendment, fact-inten- mandatory minimum. INGLIS) on mandatory minimums in the sive and time-consuming ‘‘harmless Starting with 10 years mandatory previously debated amendment. He error sentencing claims’’ will be re- minimum for a schoolyard brawl, Mr. says that if judges do not comply with viewed again in Federal court only if Chairman, is why these mandatory sentencing guidelines, then maybe the State court erred in determining minimums make no sense. If the felony what Congress should do is impeach that the claim was subject to harmless has been committed, maybe they them. review. should be sentenced to 10 years, maybe Impeachment is a severe penalty, and An example of how this impacts vic- 20 years. This says no less than 10 if you look at the 17 impeachments tims of child abusers was raised at the years, even if there is no injury. that the House of Representatives has House Committee on the Judiciary I would hope, Mr. Chairman, as we voted on in its history, the only time Subcommittee on Crime hearing by consider mandatory minimums that we where there has been an impeachment Ms. Carol Fornoff, whose 13-year-old would look at this as being excessive. voted is when a Federal civilian official daughter was raped and murdered in Give the judge the discretion to apply ends up conducting himself or herself Tempe, Arizona, in 1984. The evidence a sentence that makes sense. But to in a manner that obstructs the func- of the guilt of the man convicted in have a mandatory minimum to apply tioning of government, whether it is killing her daughter was over- in situations where no injury has oc- the branch that that official serves in whelming. Yet, today, 21 years after curred, no dangerous weapon was in- or the other two equal and separate Christy Ann Fornoff was murdered, the volved, 10 years mandatory minimum branches. gentleman is still litigating his habeas for teenagers having a fight, this just Simply saying that if a judge makes appeals. does not make any sense at all. If an a discretionary call to give a child sex Mr. Chairman, this amendment will reduce injury actually occurs, it is actually 20 offender probation even when the crime the backlog and delay of the Federal courts’ years mandatory minimum. is terrible is an impeachable offense I dockets by limiting harmless-error sentencing I would hope we would eliminate the do not think comports with the history claims. entire section 302 to eliminate those of impeachment, because it is within These are claims in which the Federal court mandatory minimums. There are plen- the discretion of the court. is asked to review alleged errors in death pen- ty of provisions throughout this bill I am saying that, in this case, the alty cases in State court that were either (1) and throughout the Criminal Code to discretion of the court should be elimi- procedurally defaulted—in which the defend- deal with people who deserve this kind nated and those who are convicted ant failed to present the claim in state court, of time, but to have a mandatory min- should go to jail, and that is why the or (2) that already have been reviewed by imum in cases where no injury oc- mandatory minimums ought to stay in State courts and have been determined to be curred is clearly excessive to be applied this bill. harmless, and (3) that only relate to the pris- in all cases without discretion, whether Mr. Chairman, I urge the defeat of oner’s sentencing—not to the portion of the it makes any sense or not. this amendment en bloc. trial that determines guilt or innocence.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20212 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Under this amendment, fact-intensive and Mr. SENSENBRENNER. Mr. Chair- Code, is amended by striking ‘‘, imprisoned for time-consuming ‘‘harmless-error sentencing man, I will make the same offer on this any term of years or life, or both.’’ and inserting claims’’ will be reviewed again in Federal court amendment. I am prepared to accept it ‘‘and imprisoned for not less than 30 years or for life.’’. only if the State court erred in determining that if the gentleman will yield back his (2) ABUSIVE SEXUAL CONTACT WITH CHIL- the claim was subject to harmlessness review. time. DREN.—Section 2244 of chapter 109A of title 18, An example of how this impacts victims of Mr. FLAKE. Mr. Chairman, that is United States Code, is amended— child abusers was raised at a House Judiciary too good an offer to turn down. (A) in subsection (a)— Crime Subcommittee hearing by Mrs. Carol Mr. SCOTT of Virginia. Mr. Chair- (i) in paragraph (1), by inserting ‘‘subsection Fornoff, whose 13-year-old daughter was man, I move to strike the last word. (a) or (b) of’’ before ‘‘section 2241’’; raped and murdered in Tempe, Arizona in Mr. Chairman, the language in the (ii) by striking ‘‘or’’ at the end of paragraph bill is bad enough. This just makes it (3); 1984. (iii) by striking the period at the end of para- The evidence of the guilt of the man con- worse. We should eliminate the section graph (4) and inserting ‘‘; or’’; and victed of killing her daughter is overwhelming, of the bill where the bill already se- (iv) by inserting after paragraph (4) the fol- yet today—21 years after Christy Ann Fornoff verely restricts the right of those con- lowing: was murdered—the defendant still is litigating victed of sex offenses from their access ‘‘(5) subsection (c) of section 2241 of this title his habeas appeals in the Federal courts. to appeal. had the sexual contact been a sexual act, shall Mrs. Fornoff’s testimony raised important Many who have been exonerated be fined under this title and imprisoned for not questions. There needs to be some limit, through DNA or other evidence have less than 10 years and not more than 25 years.’’; been exonerated and released due to and some end to the process in these cases. (B) in subsection (c), by inserting ‘‘(other After 9 years under the Anti-Terrorism and their access to habeas corpus petitions. than subsection (a)(5))’’ after ‘‘violates this sec- Effective Death Penalty Act of 1996 or Restricting access to habeas will result tion’’. ‘‘AEDPA’’ (Ay-Depa), it is clear that the Act did in more innocent people being put to (3) SEXUAL ABUSE OF CHILDREN RESULTING IN not eliminate or even reduce the problem of death or languishing in jail for crimes DEATH.—Section 2245 of title 18, United States delay in the Federal habeas process. they did not commit. Code, is amended— As evidenced by testimony in the Senate We have a serious question, Mr. (A) by inserting ‘‘, chapter 110, chapter 117, or Chairman, as to whether guilty people section 1591’’ after ‘‘this chapter’’; Judiciary Committee, in my home state of Ari- (B) by striking ‘‘A person’’ and inserting ‘‘(a) are entitled a fair trial. If you have a zona, 63 capital cases have been filed and re- IN GENERAL.—A person’’; and main pending since the effective date of the person who is not suggesting that they (C) by adding at the end the following: AEDPA (Ay-Depa). are actually innocent, but they just did ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.— Of those cases, only one has advanced to not get a fair trial, they do not have A person who, in the course of an offense under the Ninth Circuit, where it has remained pend- access to habeas corpus anyway. An al- this chapter, chapter 110, chapter 117, or section ing for the past 5 years. legation of innocence is a prerequisite 1591 engages in conduct that results in the Thirteen pre-AEDPA (Ay-Depa) cases re- to getting into habeas corpus petitions death of a person who has not attained the age anyway. This is just going to make it of 12 years, shall be punished by death or im- main pending in Federal court; five of those prisoned for not less than 30 years or for life.’’. cases have been in Federal court longer than worse, and more innocent people will (4) DEATH PENALTY AGGRAVATING FACTOR.— 15 years; the others range in time from 9 be in jail. I would hope we would not Section 3592(c)(1) of title 18, United States Code, years to 14 years. This is unacceptable. adopt the amendment to make it is amended by inserting ‘‘section 2245 (sexual The current system is grossly unfair to crime worse. abuse resulting in death),’’ after ‘‘(wrecking victims and their families. While defendants al- Mr. FLAKE. Mr. Chairman, will the trains),’’. ways should be allowed to litigate meaningful gentleman yield? (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.— evidence of their innocence, we also should Mr. SCOTT of Virginia. I yield to the gentleman from Arizona. (1) SEXUAL EXPLOITATION OF CHILDREN.—Sec- not allow endless appeals to become routine. tion 2251(e) of title 18, United States Code, is We need to protect innocent defendants, Mr. FLAKE. Mr. Chairman, I would amended— and we also need to allow victims and their simply point out that this applies only (A) by striking ‘‘15 years nor more than 30 families closure on these crimes. to the sentencing portion of the hear- years’’ and inserting ‘‘25 years or for life’’; Let me be clear that fundamental sen- ing or the sentencing portion of the (B) by inserting ‘‘section 1591,’’ after ‘‘this tencing errors, and all guilt-phase errors, still trial, not the guilt or innocent phase. chapter,’’ the first place it appears; would be subject to a second round of review We are not limiting habeas corpus at (C) by striking ‘‘the sexual exploitation of children’’ the first place it appears and insert- in Federal court under this amendment. all on that phase. Mr. SCOTT of Virginia. Mr. Chair- ing ‘‘aggravated sexual abuse, sexual abuse, Also, this amendment does not in any way abusive sexual contact involving a minor or limit the State courts’ review of State criminal man, if you are going to have any re- ward, or sex trafficking of children, or the pro- convictions, nor does it affect the U.S. Su- view, I think it ought to be a full re- duction, possession, receipt, mailing, sale, dis- preme Court’s review of either a defendant’s view: sentencing, conviction, and oth- tribution, shipment, or transportation of child direct appeals or State-habeas petitions. erwise. I would hope that we would not pornography’’; The amendment only limits the Federal ha- make the bill any worse than it is, and (D) by striking ‘‘not less than 25 years nor beas review that begins in the lower Federal the underlying provision is bad enough. more than 50 years, but if such person has 2 or more prior convictions under this chapter, chap- courts after all State appeals and U.S. Su- The Acting CHAIRMAN. The ques- tion is on the amendment offered by ter 71, chapter 109A, or chapter 117, or under preme Court certiorari review are completed. section 920 of title 10 (article 120 of the Uniform Congress unquestionably has the authority to the gentleman from Arizona (Mr. Code of Military Justice), or under the laws of limit such review. FLAKE). any State relating to the sexual exploitation of Deference to State courts is appropriate in The amendment was agreed to. children, such person shall be fined under this this context, since these courts are closer to The Acting CHAIRMAN. Are there title and imprisoned not less than 35 years nor the trial and will have a better sense of what any further amendments to title III? more than life.’’ and inserting ‘‘life.’’; and facts are likely to influence local juries. The Clerk will designate title IV. (E) by striking ‘‘any term of years or for life’’ The text of title IV is as follows: and inserting ‘‘not less than 30 years or for This section merely precludes a repeat of life’’. TITLE IV—PROTECTION AGAINST SEXUAL this process at the Federal level for minor er- (2) ACTIVITIES RELATING TO MATERIAL INVOLV- EXPLOITATION OF CHILDREN ACT OF 2005 rors that are not related to guilt of the under- ING THE SEXUAL EXPLOITATION OF CHILDREN.— lying offense, and that already have had an SEC. 401. SHORT TITLE. Section 2252(b) of title 18, United States Code, is opportunity for review in State courts. This title may be cited as the ‘‘Protection amended— I urge my colleagues to adopt this amend- Against Sexual Exploitation of Children Act of (A) in paragraph (1)— 2005’’. ment. (i) by striking ‘‘paragraphs (1)’’ and inserting SEC. 402. INCREASED PENALTIES FOR SEXUAL ‘‘paragraph (1)’’; Mr. SENSENBRENNER. Mr. Chair- OFFENSES AGAINST CHILDREN. (ii) by inserting ‘‘section 1591,’’ after ‘‘this man, will the gentleman yield? (a) SEXUAL ABUSE AND CONTACT.— chapter,’’; Mr. FLAKE. I yield to the gentleman (1) AGGRAVATED SEXUAL ABUSE OF CHIL- (iii) by inserting ‘‘, or sex trafficking of chil- from Wisconsin. DREN.—Section 2241(c) of title 18, United States dren’’ after ‘‘pornography’’;

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20213 (iv) by striking ‘‘5 years and not more than 20 (2) during the trial, evidence showed that minor. In this case, the Court con- years’’ and inserting ‘‘25 years or for life’’; and Jan Helder had engaged in an online chat curred with the decisions of the Fifth (v) by striking ‘‘not less than 15 years nor with an individual posing as a minor, who and Eleventh Circuit Courts in finding more than 40 years.’’ and inserting ‘‘life.’’; and unbeknownst to him, was an undercover law that an actual minor victim is not re- (B) in paragraph (2)— enforcement officer; (i) by striking ‘‘or imprisoned not more than (3) notwithstanding, Dean Whipple, Dis- quired for an attempted conviction 10 years’’ and inserting ‘‘and imprisoned for not trict Judge for the Western District of Mis- under this section. less than 10 nor more than 30 years’’; souri, acquitted Jan Helder, ruling that be- Mr. SENSENBRENNER. Mr. Chair- (ii) by striking ‘‘, or both’’; and cause he did not, in fact, communicate with man, will the gentleman yield? (iii) by striking ‘‘10 years nor more than 20 a minor, he did not commit a crime; Mr. RYUN of Kansas. I yield to the years.’’ and inserting ‘‘30 years or for life.’’. (4) the 9th Circuit Court of Appeals, in gentleman from Wisconsin. (3) ACTIVITIES RELATING TO MATERIAL CONSTI- United States v. Jeffrey Meek, specifically Mr. SENSENBRENNER. Mr. Chair- TUTING OR CONTAINING CHILD PORNOGRAPHY.— addressed the question facing Judge Whipple Section 2252A(b) of title 18, United States Code, man, this sounds like a good amend- and concurred with the 5th and 11th Circuit ment, and I would be happy to accept is amended— Courts in finding that ‘‘an actual minor vic- (A) in paragraph (1)— tim is not required for an attempt conviction it. (i) by inserting ‘‘section 1591,’’ after ‘‘this under 18 U.S.C. § 2422(b).’’; The Acting CHAIRMAN. The ques- chapter,’’; (5) the Department of Justice has success- tion is on the amendment offered by (ii) by inserting ‘‘, or sex trafficking of chil- fully used evidence obtained through under- the gentleman from Kansas (Mr. dren’’ after ‘‘pornography’’; cover law enforcement to prosecute and con- (iii) by striking ‘‘5 years and not more than 20 RYUN). vict perpetrators who attempted to solicit years’’ and inserting ‘‘25 years or for life’’; and The amendment was agreed to. children on the Internet; and (iv) by striking ‘‘not less than 15 years nor (6) the Department of Justice states, ‘‘On- b 1345 more than 40 years’’ and inserting ‘‘life’’; and (B) in paragraph (2)— line child pornography/child sexual exploi- The Acting CHAIRMAN (Mr. (i) by striking ‘‘or imprisoned not more than tation is the most significant cyber crime SWEENEY). Are there any further 10 years, or both’’ and inserting ‘‘and impris- problem confronting the FBI that involves amendments to title IV? oned for not less than 10 nor more than 30 crimes against children’’. (b) SENSE OF CONGRESS.—It is the sense of The Clerk will designate title V. years’’; and The text of title V is as follows: (ii) by striking ‘‘10 years nor more than 20 Congress that— years’’ and inserting ‘‘30 years or for life’’. (1) it is a crime under section 2422(b) of TITLE V—FOSTER CHILD PROTECTION title 18, United States Code, to use a facility AND CHILD SEXUAL PREDATOR DETER- (4) USING MISLEADING DOMAIN NAMES TO DI- of interstate commerce to attempt to entice RENCE RECT CHILDREN TO HARMFUL MATERIAL ON THE an individual who has not attained the age of INTERNET.—Section 2252B(b) of title 18, United SEC. 501. SHORT TITLE. States Code, is amended by striking ‘‘or impris- 18 years into unlawful sexual activity, even This title may be cited as the ‘‘Foster Child oned not more than 4 years, or both’’ and in- if the perpetrator incorrectly believes that Protection and Child Sexual Predator Sen- serting ‘‘ and imprisoned not less than 10 nor the individual has not attained the age of 18 tencing Act of 2005’’. more than 30 years’’. years; SEC. 502. REQUIREMENT TO COMPLETE BACK- (5) PRODUCTION OF SEXUALLY EXPLICIT DEPIC- (2) well-established caselaw has established GROUND CHECKS BEFORE AP- TIONS OF CHILDREN.—Section 2260(c) of title 18, that section 2422(b) of title 18, United States PROVAL OF ANY FOSTER OR ADOP- United States Code, is amended by striking Code, criminalizes any attempt to entice a TIVE PLACEMENT AND TO CHECK paragraphs (1) and (2) and inserting the fol- minor into unlawful sexual activity, even if NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD lowing: the perpetrator incorrectly believes that the individual has not attained the age of 18 ABUSE REGISTRIES; SUSPENSION ‘‘(1) shall be fined under this title and impris- AND SUBSEQUENT ELIMINATION OF oned for any term or years not less than 25 or years; OPT-OUT. (3) the Department of Justice should ap- for life; and (a) REQUIREMENT TO COMPLETE BACKGROUND peal Judge Whipple’s decision in United ‘‘(2) if the person has a prior conviction under CHECKS BEFORE APPROVAL OF ANY FOSTER OR States v. Helder, Jr. and aggressively con- this chapter, section 1591, chapter 71, chapter ADOPTIVE PLACEMENT AND TO CHECK NATIONAL tinue to track down and prosecute sex of- 109A, or chapter 117, or under section 920 of title CRIME INFORMATION DATABASES AND STATE fenders on the Internet; and 10 (article 120 of the Uniform Code of Military CHILD ABUSE REGISTRIES; SUSPENSION OF OPT- (4) Judge Whipple’s decision in United Justice), shall be fined under this title and im- OUT.— States v. Helder, Jr. should be overturned in prisoned for life.’’. (1) REQUIREMENT TO CHECK NATIONAL CRIME light of the law as it is written, the intent of (c) MANDATORY LIFE IMPRISONMENT FOR CER- INFORMATION DATABASES AND STATE CHILD Congress, and well-established caselaw. TAIN REPEATED SEX OFFENSES AGAINST CHIL- ABUSE REGISTRIES.—Section 471(a)(20) of the So- DREN.—Section 3559(e)(2)(A) of title 18, United Mr. RYUN of Kansas. Mr. Chairman, cial Security Act (42 U.S.C. 671(a)(20)) is amend- States Code, is amended— today I am offering an amendment to ed— (1) by striking ‘‘or 2423(a)’’ and inserting restate Congress’s commitment to pro- (A) in subparagraph (A)— ‘‘2423(a)’’; and tecting children on the Internet and to (i) in the matter preceding clause (i)— (2) by inserting ‘‘, 2423(b) (relating to travel condemn a recent judicial decision (I) by inserting ‘‘, including checks of na- with intent to engage in illicit sexual conduct), tional crime information databases (as defined 2423(c) (relating to illicit sexual conduct in for- that, if left standing, would impede the in section 534(e)(3)(A) of title 28, United States eign places), or 2425 (relating to use of interstate work of law enforcement in tracking Code),’’ after ‘‘criminal records checks’’; and facilities to transmit information about a down pedophiles on the Internet. (II) by striking ‘‘on whose behalf foster care minor)’’ after ‘‘minors)’’. Recently, Jan Helder, a resident of maintenance payments or adoption assistance AMENDMENT NO. 5 OFFERED BY MR. RYUN OF Mission Hills, Kansas, was convicted by payments are to be made’’ and inserting ‘‘re- KANSAS a jury for attempting to solicit a minor gardless of whether foster care maintenance Mr. RYUN of Kansas. Mr. Chairman, over the Internet. Notwithstanding the payments or adoption assistance payments are I offer an amendment. jury’s verdict, the U.S. District Judge, to be made on behalf of the child’’; and Dean Whipple, acquitted Jan Helder, (ii) in each of clauses (i) and (ii), by inserting The Acting CHAIRMAN. The Clerk ‘‘involving a child on whose behalf such pay- will designate the amendment. saying that he did not commit a crime ments are to be so made’’ after ‘‘in any case’’; The text of the amendment is as fol- because he was not communicating and lows: with a minor but, in fact, was commu- (B) by adding at the end the following: Amendment No. 5 offered by Mr. RYUN of nicating with an undercover agent pos- ‘‘(C) provides that the State shall— Kansas: ing as a minor. ‘‘(i) check any child abuse and neglect reg- At the end of title IV add the following: Judge Whipple clearly ignored the istry maintained by the State for information on SEC. 403. SENSE OF CONGRESS WITH RESPECT law’s intent and contradicted well-es- any prospective foster or adoptive parent and on TO PROSECUTIONS UNDER SECTION tablished case law addressing the issue. any other adult living in the home of such a 2422(b) OF TITLE 18, UNITED STATES In United States v. Jeffrey Meek, the prospective parent, and request any other State CODE. Ninth Circuit Court of Appeals specifi- in which any such prospective parent or other (a) FINDINGS.—Congress finds that— adult has resided in the preceding 5 years, to (1) a jury convicted Jan P. Helder, Jr., of cally addressed the question of whether enable the State to check any child abuse and using a computer to attempt to entice an in- a crime of attempting to solicit a neglect registry maintained by such other State dividual who had not attained the age of 18 minor on the Internet applies when the for such information, before the prospective fos- years to engage in unlawful sexual activity; actual victim is an adult rather than a ter or adoptive parent may be finally approved

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20214 CONGRESSIONAL RECORD—HOUSE September 14, 2005 for placement of a child, regardless of whether a check under subsection (a) may release that (1) in paragraph (9), by striking the period foster care maintenance payments or adoption information only to appropriate officers of child and inserting ‘‘; and’’; and assistance payments are to be made on behalf of welfare agencies or another person authorized (2) by inserting after paragraph (9) the fol- the child under the State plan under this part; by law to receive that information. lowing: ‘‘(ii) comply with any request described in (d) CRIMINAL PENALTIES.—An individual who ‘‘(10) for a person who is a felon or required clause (i) that is received from another State; knowingly exceeds the authority in subsection to register under the Sex Offender Registration and (a), or knowingly releases information in viola- and Notification Act, that the person submit his ‘‘(iii) have in place safeguards to prevent the tion of subsection (c), shall be imprisoned not person, and any property, house, residence, ve- unauthorized disclosure of information in any more than 10 years or fined under title 18, hicle, papers, computer, other electronic commu- child abuse and neglect registry maintained by United States Code, or both. nication or data storage devices or media, and the State, and to prevent any such information (e) CHILD WELFARE AGENCY DEFINED.—In this effects to search at any time, with or without a obtained pursuant to this subparagraph from section, the term ‘‘child welfare agency’’ warrant, by any law enforcement or probation being used for a purpose other than the con- means— officer with reasonable suspicion concerning a ducting of background checks in foster or adop- (1) the State or local agency responsible for violation of a condition of probation or unlaw- tive placement cases;’’. administering the plan under part B or part E ful conduct by the person, and by any probation (2) SUSPENSION OF OPT-OUT.—Section of title IV of the Social Security Act; and officer in the lawful discharge of the officer’s 471(a)(20)(B) of such Act (42 U.S.C. (2) any other public agency, or any other pri- supervision functions.’’. 671(a)(20)(B)) is amended— vate agency under contract with the State or (b) SUPERVISED RELEASE.—Section 3583(d) of (A) by inserting ‘‘, on or before September 30, local agency responsible for administering the title 18, United States Code, is amended by add- 2005,’’ after ‘‘plan if’’; and plan under part B or part E of title IV of the So- ing at the end the following: ‘‘The court may (B) by inserting ‘‘, on or before such date,’’ cial Security Act, that is responsible for the order, as an explicit condition of supervised re- after ‘‘or if’’. placement of foster or adoptive children. lease for a person who is a felon or required to (b) ELIMINATION OF OPT-OUT.—Section SEC. 504. PENALTIES FOR COERCION AND EN- register under the Sex Offender Registration 471(a)(20) of such Act (42 U.S.C. 671(a)(20)), as TICEMENT BY SEX OFFENDERS. and Notification Act, that the person submit his amended by subsection (a) of this section, is Section 2422(a) of title 18, United States Code, person, and any property, house, residence, ve- amended— is amended by striking ‘‘or imprisoned not more hicle, papers, computer, other electronic commu- (1) in subparagraph (A), in the matter pre- than 20 years, or both’’ and inserting ‘‘and im- nications or data storage devices or media, and ceding clause (i), by striking ‘‘unless an election prisoned not less than 10 years nor more than 30 effects to search at any time, with or without a provided for in subparagraph (B) is made with years’’. warrant, by any law enforcement or probation respect to the State,’’; and officer with reasonable suspicion concerning a (2) by striking subparagraph (B) and redesig- SEC. 505. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION. violation of a condition of supervised release or nating subparagraph (C) as subparagraph (B). Section 2423 of title 18, United States Code, is unlawful conduct by the person, and by any (c) EFFECTIVE DATE.— amended— probation officer in the lawful discharge of the (1) IN GENERAL.—The amendments made by (1) in subsection (a), by striking ‘‘5 years and officer’s supervision functions.’’ subsection (a) shall take effect on October 1, not more than 30 years’’ and inserting ‘‘30 years 2005, and shall apply with respect to payments SEC. 508. KIDNAPPING PENALTIES AND JURISDIC- or for life’’; TION. under part E of title IV of the Social Security (2) in subsection (b), by striking ‘‘or impris- Act for calendar quarters beginning on or after Section 1201 of title 18, United States Code, is oned not more than 30 years, or both’’ and in- such date, without regard to whether regula- amended— serting ‘‘and imprisoned for not less than 10 (1) in subsection (a)(1), by striking ‘‘if the per- tions to implement the amendments are promul- years and not more than 30 years’’; son was alive when the transportation began’’ gated by such date. (3) in subsection (c), by striking ‘‘or impris- and inserting ‘‘, or the offender travels in inter- (2) ELIMINATION OF OPT-OUT.—The amend- oned not more than 30 years, or both’’ and in- ments made by subsection (b) shall take effect state or foreign commerce or uses the mail or serting ‘‘and imprisoned for not less than 10 on October 1, 2007, and shall apply with respect any means, facility, or instrumentality of inter- years and not more than 30 years’’; and to payments under part E of title IV of the So- state or foreign commerce in committing or in (4) in subsection (d), by striking ‘‘imprisoned cial Security Act for calendar quarters begin- furtherance of the commission of the offense’’; not more than 30 years, or both’’ and inserting ning on or after such date, without regard to and ‘‘and imprisoned for not less than 10 nor more whether regulations to implement the amend- (2) in subsection (b), by striking ‘‘to inter- than 30 years’’. ments are promulgated by such date. state’’ and inserting ‘‘in interstate’’. (3) DELAY PERMITTED IF STATE LEGISLATION SEC. 506. PENALTIES FOR SEXUAL ABUSE. SEC. 509. MARITAL COMMUNICATION AND AD- VERSE SPOUSAL PRIVILEGE. REQUIRED.—If the Secretary of Health and (a) AGGRAVATED SEXUAL ABUSE.—Section 2241 Human Services determines that State legisla- of title 18, United States Code, is amended— (a) IN GENERAL.—Chapter 119 of title 28, tion (other than legislation appropriating (1) in subsection (a), by striking ‘‘, imprisoned United States Code, is amended by inserting funds) is required in order for a State plan for any term of years or life, or both’’ and in- after section 1826 the following: under section 471 of the Social Security Act to serting ‘‘and imprisoned for any term of years ‘‘§ 1826A. Marital communications and ad- meet the additional requirements imposed by the not less than 30 or for life’’; and verse spousal privilege (2) in subsection (b), by striking ‘‘, imprisoned amendments made by a subsection of this sec- ‘‘The confidential marital communication for any term of years or life, or both’’ and in- tion, the plan shall not be regarded as failing to privilege and the adverse spousal privilege shall serting ‘‘and imprisoned for any term of years meet any of the additional requirements before be inapplicable in any Federal proceeding in not less than 25 or for life’’. the first day of the first calendar quarter begin- which a spouse is charged with a crime (b) SEXUAL ABUSE.—Section 2242 of title 18, ning after the first regular session of the State against— United States Code, is amended by striking ‘‘, legislature that begins after the otherwise appli- ‘‘(1) a child of either spouse; or imprisoned not more than 20 years, or both’’ cable effective date of the amendments. If the ‘‘(2) a child under the custody or control of ei- and inserting ‘‘and imprisoned not less than 15 State has a 2-year legislative session, each year ther spouse.’’. years nor more than 40 years’’. of the session is deemed to be a separate regular (b) TECHNICAL AND CONFORMING AMEND- (c) ABUSIVE SEXUAL CONTACT.—Section session of the State legislature. MENT.—The table of sections for chapter 119 of 2244(a) of title 18, United States Code, is amend- SEC. 503. ACCESS TO FEDERAL CRIME INFORMA- title 28, United States Code, is amended by in- ed— TION DATABASES BY CHILD WEL- serting after the item relating to section 1826 the (1) in paragraph (2), by striking ‘‘, imprisoned FARE AGENCIES FOR CERTAIN PUR- following: POSES. not more than three years, or both’’ and insert- ‘‘1826A. Marital communications and adverse (a) IN GENERAL.—The Attorney General shall, ing ‘‘and imprisoned not less than 5 years nor upon request of the chief executive of a State, more than 30 years’’; spousal privilege.’’. ensure that appropriate officers of child welfare (2) in paragraph (3), by striking ‘‘, imprisoned SEC. 510. ABUSE AND NEGLECT OF INDIAN CHIL- agencies have the authority for ‘‘read only’’ on- not more than two years, or both’’ and inserting DREN. line access to the databases of the national ‘‘and imprisoned not less than 4 years nor more Section 1153(a) of title 18, United States Code, crime information databases (as defined in sec- than 20 years’’; and is amended by inserting ‘‘felony child abuse or tion 534 of title 28, United States Code) to carry (3) in paragraph (4), by striking ‘‘, imprisoned neglect,’’ after ‘‘years,’’. out criminal history records checks, subject to not more than six months, or both’’ and insert- SEC. 511. CIVIL COMMITMENT. subsection (b). ing ‘‘and imprisoned not less than 2 years nor Chapter 313 of title 18, United States Code, is (b) LIMITATION.—An officer may use the au- more than 10 years’’. amended— thority under subsection (a) only in furtherance SEC. 507. SEX OFFENDER SUBMISSION TO (1) in the chapter analysis— of the purposes of the agency and only on an SEARCH AS CONDITION OF RELEASE. (A) in the item relating to section 4241, by in- individual relevant to casework of the agency. (a) CONDITIONS OF PROBATION.—Section serting ‘‘or to undergo postrelease proceedings’’ (c) PROTECTION OF INFORMATION.—An indi- 3563(a) of title 18, United States Code, is amend- after ‘‘trial’’; and vidual having information derived as a result of ed—— (B) by inserting at the end the following:

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20215

‘‘4248. Civil commitment of a sexually dangerous hearing to determine whether the person is a ‘‘(f) REVOCATION OF CONDITIONAL DIS- person.’’; sexually dangerous person. A certificate filed CHARGE.—The director of a facility responsible (2) in section 4241— under this subsection shall stay the release of for administering a regimen imposed on a person (A) in the heading, by inserting ‘‘or to under- the person pending completion of procedures conditionally discharged under subsection (e) go postrelease proceedings’’ after ‘‘trial’’; contained in this section. shall notify the Attorney General and the court (B) in the first sentence of subsection (a), by ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAM- having jurisdiction over the person of any fail- inserting ‘‘or at any time after the commence- INATION AND REPORT.—Prior to the date of the ure of the person to comply with the regimen. ment of probation or supervised release and hearing, the court may order that a psychiatric Upon such notice, or upon other probable cause prior to the completion of the sentence,’’ after or psychological examination of the defendant to believe that the person has failed to comply ‘‘defendant,’’; be conducted, and that a psychiatric or psycho- with the prescribed regimen of medical, psy- (C) in subsection (d)— logical report be filed with the court, pursuant chiatric, or psychological care or treatment, the (i) by striking ‘‘trial to proceed’’ each place it to the provisions of section 4247(b) and (c). person may be arrested, and, upon arrest, shall appears and inserting ‘‘proceedings to go for- ‘‘(c) HEARING.—The hearing shall be con- be taken without unnecessary delay before the ward’’; and ducted pursuant to the provisions of section court having jurisdiction over him. The court (ii) by striking ‘‘section 4246’’ and inserting 4247(d). shall, after a hearing, determine whether the ‘‘(d) DETERMINATION AND DISPOSITION.—If, ‘‘sections 4246 and 4248’’; and person should be remanded to a suitable facility after the hearing, the court finds by clear and (D) in subsection (e)— on the ground that he is sexually dangerous to convincing evidence that the person is a sexu- (i) by inserting ‘‘or other proceedings’’ after others in light of his failure to comply with the ally dangerous person, the court shall commit ‘‘trial’’; and prescribed regimen of medical, psychiatric, or the person to the custody of the Attorney Gen- (ii) by striking ‘‘chapter 207’’ and inserting psychological care or treatment. eral. The Attorney General shall release the per- ‘‘chapters 207 and 227’’; ‘‘(g) RELEASE TO STATE OF CERTAIN OTHER son to the appropriate official of the State in (3) in section 4247— PERSONS.—If the director of the facility in which the person is domiciled or was tried if (A) by striking ‘‘, or 4246’’ each place it ap- which a person is hospitalized or placed pursu- such State will assume responsibility for his cus- pears and inserting ‘‘, 4246, or 4248’’; ant to this chapter certifies to the Attorney Gen- tody, care, and treatment. The Attorney General (B) in subsections (g) and (i), by striking eral that a person, against him all charges have shall make all reasonable efforts to cause such ‘‘4243 or 4246’’ each place it appears and insert- been dismissed for reasons not related to the a State to assume such responsibility. If, not- ing ‘‘4243, 4246, or 4248’’; mental condition of the person, is a sexually withstanding such efforts, neither such State (C) in subsection (a)— dangerous person, the Attorney General shall will assume such responsibility, the Attorney (i) by amending subparagraph (1)(C) to read release the person to the appropriate official of General shall place the person for treatment in as follows: the State in which the person is domiciled or a suitable facility, until— ‘‘(C) drug, alcohol, and sex offender treatment ‘‘(1) such a State will assume such responsi- was tried for the purpose of institution of State programs, and other treatment programs that bility; or proceedings for civil commitment. If neither will assist the individual in overcoming a psy- ‘‘(2) the person’s condition is such that he is such State will assume such responsibility, the chological or physical dependence or any condi- no longer sexually dangerous to others, or will Attorney General shall release the person upon tion that makes the individual dangerous to not be sexually dangerous to others if released receipt of notice from the State that it will not others; and’’; under a prescribed regimen of medical, psy- assume such responsibility, but not later than 10 (ii) in paragraph (2), by striking ‘‘and’’ at the chiatric, or psychological care or treatment; days after certification by the director of the fa- end; whichever is earlier. The Attorney General shall cility.’’. (iii) in paragraph (3), by striking the period at make all reasonable efforts to have a State to SEC. 512. MANDATORY PENALTIES FOR SEX-TRAF- the end and inserting a semicolon; and assume such responsibility for the person’s cus- FICKING OF CHILDREN. (iv) by inserting at the end the following: Section 1591(b) of title 18, United States Code, ‘‘(4) ‘bodily injury’ includes sexual abuse; tody, care, and treatment. ‘‘(e) DISCHARGE.—When the Director of the is amended— ‘‘(5) ‘sexually dangerous person’ means a per- facility in which a person is placed pursuant to (1) in paragraph (1)— son who has engaged or attempted to engage in subsection (d) determines that the person’s con- (A) by striking ‘‘or imprisonment’’ and insert- sexually violent conduct or child molestation dition is such that he is no longer sexually dan- ing ‘‘and imprisonment’’; and who is sexually dangerous to others; and gerous to others, or will not be sexually dan- (B) by inserting ‘‘not less than 20’’ after ‘‘any ‘‘(6) ‘sexually dangerous to others’ means that gerous to others if released under a prescribed term of years’’; and a person suffers from a serious mental illness, regimen of medical, psychiatric, or psychological (C) by striking ‘‘, or both’’; and abnormality, or disorder as a result of which he (2) in paragraph (2)— care or treatment, he shall promptly file a cer- would have serious difficulty in refraining from (A) by striking ‘‘or imprisonment for not’’ and tificate to that effect with the clerk of the court sexually violent conduct or child molestation if inserting ‘‘and imprisonment for not less than 10 that ordered the commitment. The clerk shall released.’’; years nor’’; and send a copy of the certificate to the person’s (D) in subsection (b), by striking ‘‘4245 or (B) by striking ‘‘, or both’’. 4246’’ and inserting ‘‘4245, 4246, or 4248’’; and counsel and to the attorney for the Government. The court shall order the discharge of the per- SEC. 513. SEXUAL ABUSE OF WARDS. (E) in subsection (c)(4)— Chapter 109A of title 18, United States Code, (i) by redesignating subparagraphs (D) and son or, on motion of the attorney for the Gov- ernment or on its own motion, shall hold a hear- is amended— (E) as subparagraphs (E) and (F) respectively; (1) in section 2243(b), by striking ‘‘one year’’ and ing, conducted pursuant to the provisions of section 4247(d), to determine whether he should and inserting ‘‘five years’’; (ii) by inserting after subparagraph (C) the (2) in section 2244(b), by striking ‘‘six months’’ following: be released. If, after the hearing, the court finds by a preponderance of the evidence that the per- and inserting ‘‘two years’’; and ‘‘(D) if the examination is ordered under sec- (3) by inserting after ‘‘Federal prison,’’ each tion 4248, whether the person is a sexually dan- son’s condition is such that— ‘‘(1) he will not be sexually dangerous to oth- place it appears, other than the second sentence gerous person;’’; and of section 2241(c), the following: ‘‘or being in the (4) by inserting at the end the following: ers if released unconditionally, the court shall order that he be immediately discharged; or custody of the Attorney General or the Bureau ‘‘§ 4248. Civil commitment of a sexually dan- ‘‘(2) he will not be sexually dangerous to oth- of Prisons or confined in any institution or fa- gerous person ers if released under a prescribed regimen of cility by direction of the Attorney General or the ‘‘(a) INSTITUTION OF PROCEEDINGS.—In rela- medical, psychiatric, or psychological care or Bureau of Prisons,’’. tion to a person who is in the custody of the Bu- treatment, the court shall— AMENDMENT NO. 29 OFFERED BY MR. reau of Prisons, or who has been committed to ‘‘(A) order that he be conditionally discharged SENSENBRENNER the custody of the Attorney General pursuant to under a prescribed regimen of medical, psy- Mr. SENSENBRENNER. Mr. Chair- section 4241(d), or against whom all criminal chiatric, or psychological care or treatment that man, I offer an amendment. charges have been dismissed solely for reasons has been prepared for him, that has been cer- The Acting CHAIRMAN. The Clerk relating to the mental condition of the person, tified to the court as appropriate by the Director the Attorney General or any individual author- of the facility in which he is committed, and will designate the amendment. ized by the Attorney General or the Director of that has been found by the court to be appro- The text of the amendment is as fol- the Bureau of Prisons may certify that the per- priate; and lows: son is a sexually dangerous person, and trans- ‘‘(B) order, as an explicit condition of release, Amendment No. 29 offered by Mr. SENSEN- mit the certificate to the clerk of the court for that he comply with the prescribed regimen of BRENNER: the district in which the person is confined. The medical, psychiatric, or psychological care or Page 69, after line 17, insert the following: clerk shall send a copy of the certificate to the treatment. SEC. 514. NO LIMITATION FOR PROSECUTION OF person, and to the attorney for the Government, The court at any time may, after a hearing em- FELONY SEX OFFENSES. and, if the person was committed pursuant to ploying the same criteria, modify or eliminate Chapter 213 of title 18, United States Code, section 4241(d), to the clerk of the court that or- the regimen of medical, psychiatric, or psycho- is amended— dered the commitment. The court shall order a logical care or treatment. (1) by adding at the end the following:

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20216 CONGRESSIONAL RECORD—HOUSE September 14, 2005 ‘‘§ 3298. Child abduction and sex offenses. a State, conduct fingerprint-based checks of SEC. ll. SENSE OF CONGRESS. ‘‘Notwithstanding any other law, an indict- the national crime information databases (as It is the sense of Congress that background ment may be found or an information insti- defined in section 534(e)(3)(A) of title 28, checks conducted as a precondition to ap- tuted at any time without limitation for any United States Code) submitted by a local proval of any foster or adoptive placement of offense under section 1201 involving a minor welfare agency for conducting a background children affected by a natural disaster or ter- victim, and for any felony under chapter check required under section 471(a)(20) of the rorist attack should be expedited in order to 109A, 110, or 117, or section 1591.’’; and Social Security Act on individuals under ensure that such children do not become sub- (2) by adding at the end of the table of sec- consideration as foster or adoptive parents. jected to the offenses enumerated in this act. tions at the beginning of the chapter the fol- Where possible, the check shall include a fin- Ms. JACKSON-LEE of Texas. Mr. lowing new item: gerprint-based check of state criminal his- Chairman, there is not a time that in ‘‘3298. Child abduction and sex offenses.’’. tory databases. The Attorney General and the backdrop of the tragedy of Katrina the States may charge any applicable fees SEC. 515. CHILD ABUSE REPORTING. that I cannot rise and thank the many Section 2258 of title 18, United States Code, for the checks. (b) LIMITATION.—An officer may use the au- volunteers and supporters around the is amended by striking ‘‘Class B mis- thority under subsection (a) only for the pur- Nation and particularly my home town demeanor’’ and inserting ‘‘Class A mis- demeanor’’. pose of conducting the background checks of Houston and the State of Texas. required under section 471(a)(20) of the Social With that in mind, as I watched the Mr. SENSENBRENNER. Mr. Chair- Security Act. evacuees come into the Houston Astro- man, this amendment that I am offer- (c) PROTECTION OF INFORMATION.—An indi- dome and the George R. Brown Conven- vidual having information derived as a result ing contains two provisions. The first tion Center, Mr. Chairman, one of the would amend title XVIII to eliminate of a check under subsection (a) may release that information only to appropriate officers striking aspects of it was the enormous any statute of limitations on criminal number of children, thousands of chil- prosecutions for kidnapping a child, of child welfare agencies or another person authorized by law to receive that informa- dren. In fact, it is calculated that committing a felony sex offense, or a tion. 300,000 to 400,000 children will be home- human trafficking violation. (d) CRIMINAL PENALTIES.—An individual less and will be impacted by this trag- Eliminating these statutes for these who knowingly exceeds the authority in sub- edy. crimes reflects the increased use of the section (a), or knowingly releases informa- This very bill impacts our children tion in violation of subsection (c), shall be success of DNA in solving decade-old by seeking to protect them. So I raise crimes. We have all heard about indi- imprisoned not more than 10 years or fined under title 18, United States Code, or both. an amendment and a cause of concern viduals who have been exonerated by that I would like to include and the DNA evidence. However, there are even (e) CHILD WELFARE AGENCY DEFINED.—In this section, the term ‘‘child welfare agency’’ specific language involved, making more reports of unsolved cases that means— sure that the process of adoption and have been solved and a perpetrator (1) the State or local agency responsible foster care can be expedited through identified by DNA evidence years after for administering the plan under part B or the language of a sense of Congress, the crime was committed. part E of title IV of the Social Security Act; that background checks conducted as a This provision reflects this new re- and precondition to approval of any foster ality and allows Federal prosecutors to (2) any other public agency, or any other or adoptive placement of children, af- prosecute sex offenders and child abus- private agency under contract with the fected by a natural disaster or terrorist ers who have escaped apprehension be- State or local agency responsible for admin- act should be expedited in order to en- cause of the statute of limitations. istering the plan under part B or part E of I would note that this same provision title IV of the Social Security Act, that is sure that such children do not become responsible for the licensing or approval of subjected to the offenses enumerated in was passed by the House in the 108th foster or adoptive parents. Congress as a part of the Child Abduc- the Children’s Safety Act. Mr. SENSENBRENNER. Mr. Chair- Mr. SENSENBRENNER. Mr. Chair- tion Prevention Act by the over- man, this amendment makes technical man, will the gentlewoman yield? whelming vote of 410 to 4. It was modi- changes to section 503 of the bill relat- Ms. JACKSON-LEE of Texas. I yield fied in conference with the Senate as a ing to access to Federal crime informa- to the gentleman from Wisconsin. part of the Protect Act. tion databases by child welfare agen- Mr. SENSENBRENNER. Mr. Chair- The second provision in this amend- man, I will be happy to accept this ment raises the class on the existing cies. The amendment requires fingerprint- amendment. misdemeanor for failure to report child based checks when conducting back- Ms. JACKSON-LEE of Texas. Mr. abuse, thereby raising the maximum Chairman, I thank the chairman’s gen- penalty for such an offense from 6 ground checks for a limited purpose, to verify that a prospective adoptive or erosity. I understand his generosity months’ imprisonment to a year im- and if he would allow me to conclude prisonment. foster parent does not have a criminal record. two or three comments about what I I strongly urge support of the amend- saw, I would be happy to accept a voice ment. Before we allow foster or adoptive parents to take children into their vote. The Acting CHAIRMAN. The ques- Mr. Chairman, I just wanted to put in tion is on the amendment offered by homes, we must ensure that these ap- the RECORD, why, if you are kind the gentleman from Wisconsin (Mr. plicants do not have prior convictions, let alone prior sex offense convictions. enough to accept this, this is so very SENSENBRENNER). important. As I spoke to the evacuees, The amendment was agreed to. I urge my colleagues to support this what they said to me was that in the AMENDMENT NO. 30 OFFERED BY MR. amendment. Superdome there were outright exam- SENSENBRENNER The Acting CHAIRMAN. The ques- Mr. SENSENBRENNER. Mr. Chair- tion is on the amendment offered by ples of rape and abuse of children. They man, I offer an amendment. the gentleman from Wisconsin (Mr. may not have been the family mem- The Acting CHAIRMAN. The Clerk SENSENBRENNER). bers; but in that instance, if the family will designate the amendment. The amendment was agreed to. members are lost, an expedited foster The text of the amendment is as fol- AMENDMENT NO. 31 OFFERED BY MS. JACKSON- care and an expedited adoption would lows: LEE OF TEXAS be relevant. If in this instance of this law we can Amendment No. 30 offered by Mr. SENSEN- Ms. JACKSON-LEE of Texas. Mr. BRENNER: Chairman, I offer an amendment. expedite those background checks and Page 54, strike line 10 and all that follows The Acting CHAIRMAN. The Clerk have this language in this bill, I cer- through line 19 on page 55 and insert the fol- will designate the amendment. tainly know that it would help the lowing: The text of the amendment is as fol- thousands of children that may be im- SEC. 503. ACCESS TO FEDERAL CRIME INFORMA- lows: pacted. TION DATABASES BY CHILD WEL- Let me conclude by saying that I FARE AGENCIES FOR CERTAIN PUR- Amendment No. 31 offered by Ms. JACKSON- POSES. LEE of Texas: hope, as I indicated before, that we will (a) IN GENERAL.—The Attorney General At the end of the Title V, add the fol- initiate a children’s initiative to ad- shall, upon request of the chief executive of lowing new section: dress the concerns of these children.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20217 But if this language is placed in this siveness by bringing this up now, but after resents the city center of New Orleans. The bill, at least they will have a reading about some of the terrible things red balloons, which you will see are numer- placeholder that their cases will be ex- that have been said to have happened in New ous, represent all the registered offenders’ pedited so that their lives can be put Orleans after the destruction wrought by addresses. Hurricane Katrina on August 29, 2005, this As I said, some of those offenders are like- back in place and so that sex offenders idea occurred to me in a kind of lightbulb ly victims of this epochal storm just like will not be the ones to be adopting and/ moment. many other residents of the Big Easy. But a or have foster care of these vulnerable Sex crimes are part of war. War produces larger number of them probably survived. Of children. an anarchic mindset. So does a disaster on those who survived, there will be some who As was the case with September 11, Hurri- the scale of what we have seen in Louisiana truly are trying to live the ‘straight’ life, cane Katrina has left many children without and Southern Mississippi. Just as invading and they will likely be dutiful in reporting soldiers from various countries in the past their identities and true status as a reg- their natural parents. Many kids are now won- have made sexual assault a part of their sub- dering who will care for them and how their istered sex offender. But there may even be jugating of a native population, so the crimi- a larger number who realize that a remark- needs will be met. Not only is this enormous nals loose on the streets in New Orleans and able opportunity has presented itself. pressure on a child but it greatly diminishes even inside the SuperDome have made sexual The Acting CHAIRMAN. The ques- the joys of childhood. My amendment would assault another part of their overall orgy of tion is on the amendment offered by set forth a sense of Congress that background violence. In the entry I wrote earlier today I the gentlewoman from Texas (Ms. checks conducted as a precondition to ap- wrote briefly of the horrific story coming JACKSON-LEE). proval of any foster or adoptive placement of out of the SuperDome of the rape and mur- der of a little girl, followed by the beating The amendment was agreed to. children affected by a natural disaster or ter- death at the hands of 10 men of the perpe- rorist attack should be expedited in order to AMENDMENT NO. 20 OFFERED BY MR. WELDON OF trator. FLORIDA ensure that such children do not become sub- I began thinking about how many people Mr. WELDON of Florida. Mr. Chair- jected to the offenses enumerated in this act. must be unaccounted for in New Orleans and man, I offer an amendment. While family members often step in to take the surrounding region devastated by the The Acting CHAIRMAN. The Clerk care of children who have lost their natural storm. The number must be astonishing, just will designate the amendment. parents, these family members usually only as we keep hearing the final death toll will be. Of the survivors who have made it this The text of the amendment is as fol- have limited resources and as a result, the long and perhaps been able to get to refuge lows: child may be passed from family member to in other states, whatever procedures officials family member. As we all know, this can be a Amendment No. 20 offered by Mr. WELDON who run shelters in these states have in of Florida: very unstable environment for a child. This place for registering who stays there must At the end of the bill, add the following amendment attempts to move the background certainly take into account the fact that new section: many people left their homes so quickly and check process along in a timely manner so SEC. 5ll. DEFENDANTS IN CERTAIN CRIMINAL these displaced children can enter a loving under such duress that they may have only CASES TO BE TESTED FOR HIV. the clothes on their backs—no identification, and caring family and get back to a normal (a) IN GENERAL.—A jurisdiction shall have money, etc. in effect laws or regulations with respect to life. Registered sex offenders, of course, are a defendant against whom an information or As we all watched the devastating stories of more closely accounted for than other citi- indictment is presented for a crime in which Hurricane Katrina unfold, it was very disturbing zens. Louisiana has an open and searchable by force or threat of force the perpetrator to me to learn that several minors were raped sex offender registry just like many other compels the victim to engage in sexual ac- states across the U.S. The primary party re- while waiting to be rescued from the New Or- tivity that require as follows: sponsible in most communities for checking leans Superdome. This is a prime example of (1) That the defendant be tested for HIV up on the status of sex offenders who have the many negative situations that can arise as disease if— served their sentences but must register are a result of a natural disaster which displaces (A) the nature of the alleged crime is such the local police. As we know, it is all the that the sexual activity would have placed children from their parents, or even causes the New Orleans P.D. can do at the moment to the victim at risk of becoming infected with parents lives to be lost. As a parent and Chair maintain their number and keep cops from HIV; or of the Children’s Caucus, I am very concerned walking off or getting killed themselves. (B) the victim requests that the defendant with the well being of our nation’s children. As Just like everyone else, the cops have lost be so tested. natural disasters seem to be more prevalent in family, homes, in a sense, their lives. We can surmise that if the death toll from (2) That if the conditions specified in para- our society, we must begin to think about how graph (1) are met, the defendant undergo the we care for those children who lose their nat- Katrina in Louisiana alone is as high as 10,000, as has been reported in the main- test not later than 48 hours after the date on ural parents. This amendment is not intended stream media, a number of sex offenders will which the information or indictment is pre- to circumvent the precondition background have succumbed to the storm and its after- sented, and that as soon thereafter as is check for approval of any foster or adoptive math. practicable the results of the test be made placement; it is only intended to speed the We can also guess that if the larger portion available to— process up so we can get these displaced of the population of New Orleans was able to (A) the victim; (B) the defendant (or if the defendant is a children with loving and caring families. leave before the storm, or has now been taken to refugee centers in surrounding minor, to the legal guardian of the defend- In closing, just like most other States, Lou- ant); isiana has an open and searchable sex of- states, a larger number of sex offenders are now not just out of the residence registered (C) the attorneys of the victim; fender registry. The primary party responsible in the Louisiana offender database, but quite (D) the attorneys of the defendant; in most communities for checking up on the possibly off the grid completely and free to (E) the prosecuting attorneys; and status of sex offenders who have served their throw off what many of them surely must (F) the judge presiding at the trial, if any. sentences but must register is the local police. view as the shackles of having to register (3) That if the defendant has been tested However, the police and local law officials are and have their faces placed on the internet pursuant to paragraph (2), the defendant, swamped with the task of rescuing survivors next to a summary of whatever crimes they upon request of the victim, undergo such fol- low-up tests for HIV as may be medically ap- and ensuring that every one gets out of the were convicted of committing. Of that number, a percentage will be con- propriate, and that as soon as is practicable city. This makes it difficult to monitor the sidered what many states refer to as level III after each such test the results of the test be moves and whereabouts of registered sex of- sex offender. The most likely to use violence made available in accordance with paragraph fenders. In addition, as the citizens of New Or- in the commission of their crimes, and the (1) (except that this paragraph applies only leans and other states wait for assistance in most likely to re-offend. to the extent that the individual involved cities around the country, sex offenders are Click on the thumbnail inserted into the continues to be a defendant in the judicial among innocent children who have lost their first paragraph of this blog entry to see a proceedings involved, or is convicted in the natural parents and are vulnerable. In these screen capture of a map I made at proceedings). (4) That, if the results of a test conducted troubled times, let us not leave our children mapsexoffenders.com, the service that matches up sex offender databases with maps pursuant to paragraph (2) or (3) indicate that helpless. and satellite photos and marks the reg- the defendant has HIV disease, such fact [September 4, 2005] istered offenders’ homes with a red balloon. may, as relevant, be considered in the judi- I have a feeling I could be accused of a kind The blue balloon on the large map you see cial proceedings conducted with respect to of insensitivity, or at worst a sort of obses- when you look at the screen cap I made rep- the alleged crime.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20218 CONGRESSIONAL RECORD—HOUSE September 14, 2005 (b) FAILURE TO COMPLY.— Insert after section 511 the following new ment, civil confinement would encom- (1) IN GENERAL.—For any fiscal year begin- section (and redesignate succeeding sections pass those who admit their illness, as ning 2 or more years after the date of the en- accordingly): well as those who are deemed too dan- actment of this Act, a jurisdiction that fails SEC. 512. STATE CIVIL COMMITMENT PROGRAMS gerous to return to society without to implement this section shall not receive FOR SEXUALLY DANGEROUS PER- 10 percent of the funds that would otherwise proper treatment and rehabilitation. SONS. Texas prisoner Larry Don McQuay is be allocated for that fiscal year to the juris- (a) GRANTS AUTHORIZED.—The Attorney diction under each of the following pro- General shall make grants to jurisdictions an example of the kind of person who grams: for the purpose of establishing, enhancing, or would merit civil confinement. He is a (A) BYRNE.—Subpart 1 of part E of title I of operating effective civil commitment pro- convicted child molester who describes the Omnibus Crime Control and Safe Streets grams for sexually dangerous persons. himself alternatively as scum of the Act of 1968 (42 U.S.C. 3750 et seq.), whether (b) ELIGIBILITY.— Earth and a monster. characterized as the Edward Byrne Memorial (1) IN GENERAL.—To be eligible to receive a He is currently serving a 20-year sen- State and Local Law Enforcement Assist- grant under this section, a jurisdiction must, ance Programs, the Edward Byrne Memorial tence for molesting three children. before the expiration of the compliance pe- Mr. SENSENBRENNER. Mr. Chair- Justice Assistance Grant Program, or other- riod— wise. (A) have established a civil commitment man, will the gentlewoman yield? (B) LLEBG.—The Local Government Law program for sexually dangerous persons that Ms. WASSERMAN SCHULTZ. I yield Enforcement Block Grants program. is consistent with guidelines issued by the to the gentleman from Wisconsin. (2) REALLOCATION.—Amounts not allocated Attorney General; or Mr. SENSENBRENNER. Mr. Chair- under a program referred to in paragraph (1) (B) submit a plan for the establishment of man, this is also a good amendment. I to a jurisdiction for failure to fully imple- such a program. would just point out that it has been ment this section shall be reallocated under (2) COMPLIANCE PERIOD.—The compliance carefully drafted to ensure compliance that program to jurisdictions that have not period referred to in paragraph (1) expires on failed to implement this section. with the Supreme Court decisions ap- the date that is 2 years after the date of the proving of such laws in Kansas v. Mr. WELDON of Florida. Mr. Chair- enactment of this Act. However, the Attor- Hendrick 1997, and Kansas v. Crane in man, for my colleagues this amend- ney General may, on a case-by-case basis, ex- tend the compliance period that applies to a 2002. ment specifically deals with the issue I am happy to accept the amend- where you have a situation of a sexual jurisdiction if the Attorney General con- siders such an extension to be appropriate. ment. assault and a victim is trying to deter- (c) ATTORNEY GENERAL REPORTS.—Not The Acting CHAIRMAN. The ques- mine the HIV status of the perpetrator. later than January 31 of each year, begin- tion is on the amendment offered by Many States have taken action on ning with 2008, the Attorney General shall the gentlewoman from Florida (Ms. this issue. But there are several States submit to the Committee on the Judiciary of WASSERMAN SCHULTZ). that have yet to do so. Why am I offer- the Senate and the Committee on the Judici- The amendment was agreed to. ing this? Well, we had a case in Ala- ary of the House of Representatives a report AMENDMENT NO. 10 OFFERED BY MR. bama of a 41-year-old man, HIV posi- on the progress of jurisdictions in imple- MC DERMOTT tive, transmitting HIV to a 4-year-old menting this section and the rate of sexually Mr. MCDERMOTT. Mr. Chairman, I girl that he had raped. A 35-year-old violent offenses for each jurisdiction. (d) DEFINITIONS.—As used in this section: offer an amendment. man in Iowa raped a 15-year-old girl (1) The term ‘‘civil commitment program’’ The Acting CHAIRMAN. The Clerk and her 69-year-old grandmother. He means a program that involves— will designate the amendment. was infected with HIV. (A) secure civil confinement, including ap- The text of the amendment is as fol- Under the laws of that State, they propriate control, care, and treatment dur- lows: had no right to obtain the HIV status ing such confinement; and of this rapist. He was HIV positive. And (B) appropriate supervision, care, and Amendment No. 10 offered by Mr. treatment for individuals released following MCDERMOTT: as many people may note today, if you Page 69, after line 17, insert the following: are exposed to HIV, it is possible to such confinement. (2) The term ‘‘sexually dangerous person’’ TITLE VI—MISCELLANEOUS PROVISIONS take a 1-month long course of medica- means an individual who is dangerous to oth- SEC. 601. FOSTER CHILDREN IN AREAS AF- tion and dramatically reduce the like- ers because of a mental illness, abnormality, FECTED BY HURRICANE KATRINA lihood of contracting human immuno- or disorder that creates a risk that the indi- DEEMED ELIGIBLE FOR FOSTER deficiency disease. vidual will engage in sexually violent con- CARE MAINTENANCE PAYMENTS. I think this is an excellent amend- duct or child molestation. (a) IN GENERAL.—As a condition of eligi- ment. This body passed this by large (3) The term ‘‘jurisdiction’’ has the mean- bility for payments under part E of title IV vote years ago. ing given such term in section 111. of the Social Security Act, each State with Mr. SENSENBRENNER. Mr. Chair- (e) AUTHORIZATION OF APPROPRIATIONS.— a plan approved under such part shall, during There are authorized to be appropriated to the 12-month period that begins with Sep- man, will the gentleman yield? tember 2005, make foster care maintenance Mr. WELDON of Florida. I yield to carry out this section $10,000,000 for each of fiscal years 2006, 2007, 2008, and 2009. payments (as defined in section 475(4) of such the gentleman from Wisconsin. Ms. WASSERMAN SCHULTZ. Mr. Act) in accordance with such part on behalf Mr. SENSENBRENNER. Mr. Chair- of each child who is in foster care under the man, I am happy to accept this amend- Chairman, today I offer an amendment responsibility of the State, and who resides ment. I would point out that this is to provide guidelines and incentives for or, just before August 28, 2005, had resided in nearly identical to H.R. 3088, which States to civilly confine violent sexual an area for which a major disaster has been passed the House 380 to 19 in October of predators. declared under the Robert T. Stafford Dis- 2000. I want to thank the gentleman from aster Relief and Emergency Assistance Act The Acting CHAIRMAN. The ques- Wisconsin (Mr. SENSENBRENNER) and (42 U.S.C. 5121 et seq.) as a result of Hurri- cane Katrina. tion is on the amendment offered by his staff for this support in working with my office on this provision. I (b) PAYMENTS TO STATES.—In lieu of any the gentleman from Florida (Mr. entitlement to payment under section 474 of WELDON). would also like to thank the gentleman the Social Security Act with respect to any The amendment was agreed to. from Michigan (Mr. CONYERS) for his child described in subsection (a) of this sec- AMENDMENT NO. 8 OFFERED BY MS. WASSERMAN support as well. tion, each State with such a plan shall be en- SCHULTZ Most criminals deemed as sexually titled to a payment for each quarter in Ms. WASSERMAN SCHULTZ. Mr. violent have broken State, as opposed which there is month in which the State has Chairman, I offer an amendment. to Federal, laws. This amendment made a foster care maintenance payment The Acting CHAIRMAN. The Clerk would incentivize States to implement pursuant to such subsection (a), in an civil confinement programs. This is not amount equal to the sum of— will designate the amendment. (1) the total of the amounts expended by The text of the amendment is as fol- a new or radical idea. As of 2002, 16 the State during the quarter pursuant to lows: States and the District of Columbia such subsection (a) for children described in Amendment No. 8 offered by Ms. WAS- have implemented some form of a civil such subsection (a) who are in foster family SERMAN SCHULTZ: confinement law. Under this amend- homes (as defined in section 472(c)(1) of such

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20219 Act) or child-care institutions (as defined in and will focus much more needed Fed- Many CWLA member agencies are working section 472(c)(2) of such Act); and eral resources on foster children af- in the disaster area to connect children with (2) the total of the amounts expended by fected by the hurricane. their families and to continue to provide the State during the quarter as found nec- services to those children in care. They re- essary by the Secretary for the provision of b 1400 port to us directly about their struggles in child placement services for such children, The legislation is bipartisan in spirit attempting to meet the needs of children and for the proper and efficient administration of and humanitarian in fact. The current families devastated by this disaster. the plan with respect to such children, or for H.R. 3711 begins to address these issues by the provision of services which seek to im- child welfare program simply cannot providing federal assistance to ensure that prove the well-being of such children. handle a crisis of this magnitude. Rules foster children receive the supports and serv- Mr. SENSENBRENNER. Mr. Chair- of eligibility vary from State to State. ices they need, including mental health treatment. H.R. 3711 allows the kind of broad man, I reserve a point of order on the In many cases, vulnerable children may not be receiving mental health and flexible funding that will assist Lou- amendment. isiana, Alabama, and Mississippi, as well as The Acting CHAIRMAN. The gen- treatment or family counseling. We must change that, and we can. help other states that are extending their tleman from Wisconsin reserves a point hands in support of the relief efforts. of order. Because H.R. 3711 cuts through the red It is clear that it will take a sustained ef- Mr. MCDERMOTT. Mr. Chairman, I tape and makes the Federal Govern- fort on the part of volunteers and local, rise in defense of children. While I ment, appropriately in a national cri- state, and federal governments to help these stand alone at the podium, I wish we sis, responsible for paying for urgently children and families cope. This legislation were all standing together on behalf of needed care. This is no time to have a provides an assurance that the federal gov- boatload of rules and regulations. This ernment stands as a partner with state and foster children created by Katrina. local governments to meet the needs of these The other day I introduced the Emer- is a time to provide a boatload of help. children. gency Action for Vulnerable Children With one vote, we can demonstrate Thank you again for your continued lead- Act, H.R. 3711. Today I offer 3711 as an our leadership in this time of national ership on behalf of children and families. amendment to the Child Safety Act of crisis. With one vote, we can make Count on CWLA to work with you in any 2005. every foster child entitled to imme- way possible to help the children and fami- There is really not a moment to lose. diate Federal help. There is no reason lies affected by this disaster. We must accept responsibility for the to wait. There is no justification to Sincerely, wait. SHAY BILCHIK, safety and welfare of foster children af- President/CEO. fected in this crisis. When Katrina Katrina is a natural disaster and a POINT OF ORDER slammed into the Gulf Coast, thou- national crisis. This act is a rescue The Acting CHAIRMAN (Mr. sands of foster children were separated mission, plain and simple. SWEENEY). Does the gentleman from from foster families in shelters, and Mr. Chairman, given the magnitude Wisconsin (Mr. SENSENBRENNER) insist they will fall through the social safety of the crisis and the urgency of the need, I urge my colleagues to allow my on his point of order? net unless we act. Mr. SENSENBRENNER. I do, Mr. In drafting this legislation, I worked amendment to be voted on. If there was Chairman. closely with organizations like the Na- an alternative before us, I could accept The Acting CHAIRMAN. The gen- tional Foster Parent Association and that as a price of speaking for the mi- tleman from Wisconsin is recognized. the Child Welfare League of America. nority party, but no such legislation Mr. SENSENBRENNER. Mr. Chair- These organizations are working di- exists. man, I make a point of order against rectly with others on the ground in the Mr. Chairman, the question really is, the amendment because it is in viola- affected region, and they said what we if not now, when? If not us, who will tion of section 302(f) of the Congres- needed to hear: the Federal Govern- defend and save these children? sional Budget Act of 1974. This amend- ment must become an immediate and We witnessed the horror and the ment would provide new budget au- reliable partner for States trying to tragedy on TV. Thousands of foster thority in excess of the allocation cope with the human needs that are children lived through that. The image made under section 302(a) of the Com- outstripping their individual ability to in their minds, the insecurity in their mittee on the Judiciary and thus is not effectively respond. hearts is real and overwhelming. We permitted under section 302(f) of the Late yesterday the Child Welfare cannot leave them alone. Act. League, which represents 900 public As the ranking Democrat on the Sub- I ask for a ruling of the Chair. and private caregivers across the coun- committee on Human Resources, this The Acting CHAIRMAN. Is there any- try, endorsed the Emergency Action committee is responsible for protecting one else who wishes to be heard on the for Vulnerable Children. these children. We cannot turn our point of order? Mr. Chairman, I would like to quote backs and hope that somehow, some If not, the Chair is prepared to rule from their letter: ‘‘Many Child Welfare way, someone somewhere will respond on the point of order. League of America member agencies to the needs of these children. The gentleman from Wisconsin raises are working in the disaster area to con- Across this country, Americans are a point of order that the amendment nect children with their families and to responding to the crisis the only way offered by the gentleman from Wash- continue to provide services to those they know how, by stepping up with a ington violates section 302(f) of the children in care.’’ big heart and an open wallet to help Budget Act. They report to us directly about their fellow Americans in need. They Section 302(f) of the Budget Act pro- their struggles in attempting to meet are looking to us to lead the Nation vides a point of order against any the needs of children and families dev- through this crisis. We did it once to- amendment providing new budget au- astated by the disaster. gether. We can do it again. Let us thority that would cause a breach of H.R. 3711 begins to address these prove it by saving the children, today. the relevant allocation of budget au- issues. It is clear that it will take a CHILD WELFARE LEAGUE OF AMERICA, thority under section 302(a) of the sustained effort on the part of volun- Washington, DC, September 13, 2005. Budget Act. teers and local, State and Federal gov- Hon. JIM MCDERMOTT, The Chair is authoritatively guided ernments, to help these children and House of Representatives, Longworth House Of- under section 312 of the Budget Act by families, quote, and continuing to fice Building, Washington, DC. an estimate of the Committee on the quote, ‘‘this legislation provides an as- DEAR CONGRESSMAN MCDERMOTT: The Child Budget that the new mandatory budget surance that the Federal Government Welfare League of America (CWLA), with our authority provided by this amendment 900 public and private child-serving member stands as a partner with State and agencies, endorses H.R. 3711, the Emergency would cause a breach of the allocation local governments to meet the needs of Action for Vulnerable Children Act. We ap- of the Committee on the Judiciary. these children.’’ plaud your leadership in highlighting the The amendment offered by the gen- Mr. Chairman, there are no gotchas needs of vulnerable foster children and fami- tleman from Washington would in- in this amendment. Its intent is clear, lies affected by Hurricane Katrina. crease the level of new mandatory

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20220 CONGRESSIONAL RECORD—HOUSE September 14, 2005 budget authority in the bill above the Mr. NADLER. Mr. Chairman, my TITLE VI—NATIONAL REGISTER OF CASES allocation made under section 302(a). amendment prohibits the transfer to or OF CHILD ABUSE OR NEGLECT As such, the amendment violates sec- possession of a firearm by any indi- SEC. 601. NATIONAL REGISTER OF CASES OF tion 302(f) of the Budget Act. The point vidual convicted of committing a sex CHILD ABUSE OR NEGLECT. (a) IN GENERAL.—The Attorney General, in of order is sustained. offense against the minor. consultation with the Secretary of Health AMENDMENT NO. 2 OFFERED BY MR. NADLER Under current law, it is illegal to and Human Services, shall create a national Mr. NADLER. Mr. Chairman, I offer transfer or sell a gun to anyone con- register of cases of child abuse or neglect. an amendment. victed of a crime punishable by more The information in such register shall be The Acting CHAIRMAN. The Clerk than a year in jail. It is also illegal for supplied by States, or, at the option of a any individual convicted of such a State, by political subdivisions of such will designate the amendment. State. The text of the amendment is as fol- crime to possess a gun. For some mis- (b) INFORMATION.—The register described in lows: demeanor offenses that, although pun- subsection (a) shall collect in a central elec- Amendment No. 2 offered by Mr. NADLER: ishable by less than a year in jail, are tronic database information on children re- Page 4, before line 1, at the end of the table of a particular serious nature, we cur- ported to a State, or a political subdivision of contents, add the following: rently prohibit all transfers of guns or of a State, as abused or neglected. (c) SCOPE OF INFORMATION.— TITLE VI—MISCELLANEOUS PROVISION possession of guns by individuals con- (1) IN GENERAL.— victed of such crimes. Sec. 601. Ban on firearm for person con- (A) TREATMENT OF REPORTS.—The informa- victed of a misdemeanor sex of- For example, we prohibit anyone convicted tion to be provided to the Secretary of fense against a minor. of a crime of domestic violence, whether a fel- Health and Human Services under this sec- Page 69, after line 17, insert the following: ony or a misdemeanor, from purchasing or tion shall relate to substantiated reports of TITLE VI—MISCELLANEOUS PROVISION possessing a gun. Shockingly, we do not pro- child abuse or neglect. Except as provided in SEC. 601. BAN ON FIREARM FOR PERSON CON- hibit the sale or possession of guns to people subparagraph (B), each State, or, at the op- VICTED OF A MISDEMEANOR SEX OF- convicted of misdemeanor sex crimes against tion of a State, each political subdivision of FENSE AGAINST A MINOR. such State, shall determine whether the in- a minor. We should not treat child sex offend- (a) DISPOSITION OF FIREARM.—Section formation to be provided to the Secretary of 922(d) of title 18, United States Code, is ers any more leniently with respect to pos- Health and Human Services under this sec- amended— sessing guns than we do domestic abusers. tion shall also relate to reports of suspected (1) by striking ‘‘or’’ at the end of paragraph If Congress is prepared in the underlying bill instances of child abuse or neglect that were (8); to require rigorous, severe and intrusive reg- unsubstantiated or determined to be un- (2) by striking the period at the end of istration for 20 years from persons convicted founded. paragraph (9) and inserting ‘‘; or’’ ; and of a misdemeanor sex offense against a (B) EXCEPTION.—If a State or political sub- (3) by inserting after paragraph (9) the fol- minor, and is prepared to require States to division of a State has an equivalent elec- lowing: tronic register of cases of child abuse or ne- ‘‘(10) has been convicted in any court of a verify this information four times a year, then glect that it maintains pursuant to a re- misdemeanor sex offense against a minor.’’. the offense is indeed of such a serious nature quirement or authorization under any other (b) POSSESSION OF FIREARM.—Section 922(g) that a convicted sex offender against a child provision of law, the information provided to of title 18, United States Code, is amended— must not be allowed possession of a firearm. the Secretary of Health and Human Services (1) by striking ‘‘or’’ at the end of paragraph A criminal convicted of indecent exposure, under this section shall be coextensive with (8); lewd conduct or molestation against a minor that in such register. (2) by striking the comma at the end of should not have access to a gun. These are (2) FORM.—Information provided to the paragraph (9) and inserting ‘‘; or’’ ; and Secretary of Health and Human Services (3) by inserting after paragraph (9) the fol- misdemeanor offenses, but dangerous crimi- under this section— lowing: nals convicted of committing a sexual crime (A) shall be in a standardized electronic ‘‘(10) who has been convicted in any court against a child, even when such offense car- form determined by the Secretary of Health of a misdemeanor sex offense against a ries a penalty of less than a year, pose too and Human Services; and minor,’’. great a danger to society if in possession of a (B) shall contain case-specific identifying (c) MISDEMEANOR SEX OFFENSE AGAINST A firearm. information, except that, at the option of MINOR DEFINED.—Section 921(a) of such title I urge my colleagues to support this amend- the entity supplying the information, the is amended by adding at the end the fol- ment to close this loophole. confidentiality of identifying information lowing: concerning an individual initiating a report ‘‘(36)(A) The term ‘misdemeanor sex of- Mr. SENSENBRENNER. Mr. Chair- or complaint regarding a suspected or known fense against a minor’ means a sex offense man, will the gentleman yield? instance of child abuse or neglect may be against a minor punishable by imprisonment Mr. NADLER. I yield to the gen- maintained. for not more than one year. tleman from Wisconsin. (d) CONSTRUCTION.—This section shall not ‘‘(B) The term ‘sex offense’ means a crimi- Mr. SENSENBRENNER. Mr. Chair- be construed to require a State or political nal offense that has, as an element, a sexual man, the amendment bans possession subdivision of a State to modify— (1) an equivalent register of cases of child act or sexual contact with another, or an at- and transfer of firearms by a convicted tempt or conspiracy to commit such an of- abuse or neglect that it maintains pursuant fense. misdemeanor sex offender against a to a requirement or authorization under any ‘‘(C) The term ‘minor’ means an individual minor, and I am happy to accept the other provision of law; or who has not attained 18 years of age.’’. amendment. (2) any other record relating to child abuse PARLIAMENTARY INQUIRY Mr. NADLER. Mr. Chairman, I appre- or neglect, regardless of whether the report of abuse or neglect was substantiated, unsub- Mr. SENSENBRENNER. Parliamen- ciate the comments of the gentleman. The Acting CHAIRMAN. The ques- stantiated, or determined to be unfounded. tary inquiry, Mr. Chairman. I believe (e) DISSEMINATION.—The Attorney General, the Chair has not called for further tion is on the amendment offered by in consultation with the Secretary of Health amendments to title V, and the pro- the gentleman from New York (Mr. and Human Services, shall establish stand- posed amendment of the gentleman NADLER). ards for the dissemination of information in from New York (Mr. NADLER) is to title The amendment was agreed to. the national register of cases of child abuse or neglect. Such standards shall preserve the VI. I do not think title V has been AMENDMENT NO. 26 OFFERED BY MRS. KELLY confidentiality of records in order to protect closed out yet. Mrs. KELLY. Mr. Chairman, I offer the rights of the child and the child’s parents The Acting CHAIRMAN. The amend- an amendment. or guardians while also ensuring that Fed- ment of the gentleman from New York The Acting CHAIRMAN. The Clerk eral, State, and local government entities (Mr. NADLER) proposes to add a new will designate the amendment. have access to such information in order to title after title V. The gentleman is The text of the amendment is as fol- carry out their responsibilities under law to correct that the adoption of such an protect children from abuse and neglect. lows: (f) AUTHORIZATION OF APPROPRIATIONS.— amendment would close title V to fur- Amendment No. 26 offered by Mrs. KELLY: There are authorized to be appropriated to ther amendment. But the Chair is un- At the end of the bill add the following carry out this section such sums as may be aware of any further amendment to (and amend the table of contents accord- necessary for fiscal year 2006 and succeeding title V. ingly): fiscal years.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20221 Mrs. KELLY. Mr. Chairman, H.R. the House to move forward on this fa- tising, and possession of child pornography, 3132, the Children’s Safety Act, is a vorably. as well as the transfer of custody of children good, commonsense bill. It seeks to Mr. SENSENBRENNER. Mr. Chair- for the production of child pornography, protect our children from sex offenders man, will the gentlewoman yield? have a substantial and direct effect upon interstate commerce because: and increase the tools for law enforce- Mrs. KELLY. I yield to the gen- (i) Some persons engaged in the produc- ment and help defend the innocence of tleman from Wisconsin. tion, transportation, distribution, receipt, our children. Mr. SENSENBRENNER. Mr. Chair- advertising, and possession of child pornog- My amendment would strengthen man, I will make the gentlewoman an raphy conduct such activities entirely with- this bill by adding an additional tool offer she cannot refuse. I am happy to in the boundaries of one state. These persons for our State and local child protection accept the amendment if the gentle- are unlikely to be content with the amount services and by eliminating the loop- woman will yield back the balance of of child pornography they produce, trans- hole in our local laws which allow child her time. port, distribute, receive, advertise, or pos- Mrs. KELLY. That is an offer I will sess. These persons are therefore likely to adjudicated abusers to find sanctuary enter the interstate market in child pornog- by merely crossing a State’s borders. not refuse. raphy in search of additional child pornog- This amendment is similar to legisla- The Acting CHAIRMAN. The ques- raphy, thereby stimulating demand in the tion I have introduced in the House, tion is on the amendment offered by interstate market in child pornography. H.R. 764, which has strong bipartisan the gentlewoman from New York (Mrs. (ii) When the persons described in subpara- support. KELLY). graph (D)(i) enter the interstate market in Child abuse and neglect is an issue The amendment was agreed to. search of additional child pornography, they are likely to distribute the child pornog- that crosses jurisdictions. It is, there- AMENDMENT NO. 1 OFFERED BY MR. PENCE fore, vital for Federal and local offi- raphy they already produce, transport, dis- Mr. PENCE. Mr. Chairman, I offer an tribute, receive, advertise, or possess to per- cials to work together to ensure nec- amendment. sons who will distribute additional child por- essary laws and resources to fight child The Acting CHAIRMAN. The Clerk nography to them, thereby stimulating sup- abusers are in place at every level of will designate the amendment. ply in the interstate market in child pornog- the government. The text of the amendment is as fol- raphy. Mr. Chairman, I yield to the gen- lows: (iii) Much of the child pornography that tleman from Arizona (Mr. HAYWORTH). Amendment No. 1 offered by Mr. PENCE: supplies the interstate market in child por- Mr. HAYWORTH. Mr. Chairman, as Add at the end the following new title: nography is produced entirely within the boundaries of one state, is not traceable, and my colleague points out, under current TITLE VI—CHILD PORNOGRAPHY enters the interstate market surreptitiously. PREVENTION ACT OF 2005 law what does this mean? Let me offer This child pornography supports demand in an example. SEC. 601. SHORT TITLE. the interstate market in child pornography If there is a child abuser in California This title may be cited as the ‘‘Child Por- and is essential to its existence. who has been proven through the nography Prevention Act of 2005’’. (E) Prohibiting the intrastate production, courts to have a history of child abuse, SEC. 602. FINDINGS. transportation, distribution, receipt, adver- that history is on record in the State Congress makes the following findings: tising, and possession of child pornography, of California. But should that abuser (1) The effect of the intrastate production, as well as the intrastate transfer of custody decide to move to my State of Arizona, transportation, distribution, receipt, adver- of children for the production of child por- there is no documented history of his tising, and possession of child pornography nography, will cause some persons engaged on interstate market in child pornography. in such intrastate activities to cease all such record of abuse in California that ex- (A) The illegal production, transportation, activities, thereby reducing both supply and ists in Arizona. Currently, there is no distribution, receipt, advertising and posses- demand in the interstate market for child national child abuse registry to show sion of child pornography, as defined in sec- pornography. that this is a child abuser, no easy way, tion 2256(8) of title 18, United States Code, as (F) Federal control of the intrastate inci- therefore, for localities to know this is well as the transfer of custody of children for dents of the production, transportation, dis- a child abuser who is unfit to have chil- the production of child pornography, is tribution, receipt, advertising, and posses- dren in their care. harmful to the physiological, emotional, and sion of child pornography, as well as the This is the problem that our local mental health of the children depicted in intrastate transfer of children for the pro- child pornography and has a substantial and duction of child pornography, is essential to governments currently encounter. detrimental effect on society as a whole. the effective control of the interstate mar- Nothing is in place nationally that pro- (B) A substantial interstate market in ket in child pornography. vides one State a direct way to report child pornography exists, including not only (2) The importance of protecting children to other States that someone has an a multimillion dollar industry, but also a na- from repeat exploitation in child pornog- established history of child abuse, tionwide network of individuals openly ad- raphy: making the job for our local and State vertising their desire to exploit children and (A) The vast majority of child pornography child advocacy services much more dif- to traffic in child pornography. Many of prosecutions today involve images contained ficult. these individuals distribute child pornog- on computer hard drives, computer disks, Children are being placed in danger raphy with the expectation of receiving and related media. other child pornography in return. (B) Child pornography is not entitled to when child abuse offenders move to a (C) The interstate market in child pornog- protection under the First Amendment and State where their history is unknown. raphy is carried on to a substantial extent thus may be prohibited. This national registry would be a com- through the mails and other instrumental- (C) The government has a compelling state monsense and a necessary step in the ities of interstate and foreign commerce, interest in protecting children from those fight against child abuse. Local au- such as the Internet. The advent of the Inter- who sexually exploit them, and this interest thorities need a more certain way to net has greatly increased the ease of trans- extends to stamping out the vice of child uncover an individual’s history of child porting, distributing, receiving, and adver- pornography at all levels in the distribution abuse in another State, and this tising child pornography in interstate com- chain. merce. The advent of digital cameras and (D) Every instance of viewing images of amendment will allow the Attorney digital video cameras, as well as videotape child pornography represents a renewed vio- General and the Secretary of HHS to cameras, has greatly increased the ease of lation of the privacy of the victims and a work together to create this database producing child pornography. The advent of repetition of their abuse. that can be updated by data from the inexpensive computer equipment with the (E) Child pornography constitutes prima several States and utilized by States to capacity to store large numbers of digital facie contraband, and as such should not be keep children safe. images of child pornography has greatly in- distributed to, or copied by, child pornog- Child abusers can run, but they can- creased the ease of possessing child pornog- raphy defendants or their attorneys. not hide. We will not let them hide. raphy. Taken together, these technological (F) It is imperative to prohibit the repro- advances have had the unfortunate result of duction of child pornography in criminal This amendment makes it possible to greatly increasing the interstate market in cases so as to avoid repeated violation and deal with this effectively. I congratu- child pornography. abuse of victims, so long as the government late my co-sponsor, the gentlewoman (D) Intrastate incidents of production, makes reasonable accommodations for the from New York (Mrs. KELLY); and I ask transportation, distribution, receipt, adver- inspection, viewing, and examination of such

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20222 CONGRESSIONAL RECORD—HOUSE September 14, 2005 material for the purposes of mounting a request by the defendant to copy, photo- state or foreign commerce, or whoever know- criminal defense. graph, duplicate, or otherwise reproduce any ingly’’ after ‘‘whoever knowingly’’ and be- SEC. 603. STRENGTHENING SECTION 2257 TO EN- property or material that constitutes child fore ‘‘transports or travels in’’; and SURE THAT CHILDREN ARE NOT EX- pornography (as defined by section 2256 of (3) by inserting a comma after ‘‘in or af- PLOITED IN THE PRODUCTION OF this title), so long as the Government makes fecting such commerce’’. PORNOGRAPHY. the property or material reasonably avail- (b) SECTION 1466.—Section 1466 of title 18 of Section 2257 of title 18 of the United States able to the defendant. the United States Code is amended— Code is amended— ‘‘(B) For the purposes of subparagraph (A), (1) in subsection (a), by inserting ‘‘pro- (1) in subsection (a)(l), by striking ‘‘ac- property or material shall be deemed to be ducing with intent to distribute or sell, or’’ tual’’; reasonably available to the defendant if the before ‘‘selling or transferring obscene mat- (2) in subsection (b), by striking ‘‘actual’’; Government provides ample opportunity for ter,’’; (3) in subsection (f)(4)(A), by striking ‘‘ac- inspection, viewing, and examination at a (2) in subsection (b), by inserting, ‘‘pro- tual’’; Government facility of the property or mate- duces’’ before ‘‘sells or transfers or offers to (4) by amending paragraph (1) of subsection rial by the defendant, his or her attorney, sell or transfer obscene matter’’; and (h) to read as follows: aid any individual the defendant may seek to (3) in subsection (b) by inserting ‘‘produc- ‘‘(1) the term ‘sexually explicit conduct’ qualify to furnish expert testimony at tion,’’ before ‘‘selling or transferring or of- has the meaning set forth in subparagraphs trial.’’. fering to sell or transfer such material.’’. (A)(i) through (v) of paragraph (2) of section 2256 of this title;’’; SEC. 605. AUTHORIZING CIVIL AND CRIMINAL Mr. PENCE. Mr. Chairman, I rise ASSET FORFEITURE IN CHILD EX- today in strong support of both the (5) in subsection (h)(4), by striking ‘‘ac- PLOITATION AND OBSCENITY CASES. tual.’’; (a) CONFORMING FORFEITURE PROCEDURES Pence amendment and the Child Safety (6) in subsection (f)— FOR OBSCENITY OFFENSES.—Section 1467 of Act of 2005. I want to commend the (A) at the end of paragraph (3), by striking title 18, United States Code, is amended— gentleman from Wisconsin (Mr. SEN- ‘‘and’’; (1) in subsection (a)(3), by inserting a pe- SENBRENNER) for his tireless advocacy (B) at the end of paragraph (4)(B), by strik- riod after ‘‘of such offense’’ and striking all of families and children. ing the period and inserting ‘‘; and’’; and that follows; and (C) by inserting after paragraph (4)(B) the While this legislation today is very (2) by striking subsections (b) through (n) much about using the force of Federal following new paragraph: and inserting the following: ‘‘(5) for any person to whom subsection (a) ‘‘(b) The provisions of section 413 of the law to confront child predators, we applies to refuse to permit the Attorney Controlled Substance Act (21 U.S.C. 853) with know that the fuel that fires the wick- General or his or her delegee to conduct an the exception of subsection (d), shall apply ed hearts of child predators is child inspection under subsection (c).’’. to the criminal forfeiture of property pursu- pornography; and my amendment, (7) in subsection (h)(3), by striking ‘‘to ant to subsection (a). which is drawn from the Child Pornog- produce, manufacture, or publish any book, ‘‘(c) Any property subject to forfeiture pur- raphy Prevention Act of 2005, is de- magazine, periodical, film, video tape, com- suant to subjection (a) may be forfeited to puter generated image, digital image, or pic- the United States in a civil case in accord- signed to give law enforcement the ture, or other similar matter and includes ance with the procedures set forth in chapter tools to stop child pornography at the the duplication, reproduction, or reissuing of 46 of this title.’’. source. any such matter, but does not include mere (b) AMENDMENTS TO CHILD EXPLOITATION It will fix a glaring loophole in the distribution or any other activity which does FORFEITURE PROVISIONS.— current law by requiring pornographers not involve hiring, contracting for managing (1) CRIMINAL FORFEITURE.—Section 2253(a) to keep records of the names and ages or otherwise arranging for the participation of title 18, United States Code, is amended— of their subject, proof of identification. of the performers depicted’’ and inserting (A) in the matter preceding paragraph (1) This requirement, we believe, will ‘‘actually filming, videotaping, photograph- by— ing; creating a picture, digital image, or (i) inserting ‘‘or who is convicted of an of- deter the use of underage children in digitally- or computer-manipulated image of fense under sections 2252B or 2257 of this pornography. an actual human being; or digitizing an chapter,’’ after ‘‘2260 of this chapter’’; Additionally, pornographers will be image, of a visual depiction of sexually ex- (ii) inserting ‘‘, or 2425’’ after ‘‘2423’’ and required to allow law enforcement to plicit conduct; or, assembling, manufac- striking ‘‘or’’ before ‘‘2423’’; and inspect their records. Failure to do so turing, publishing, duplicating, reproducing, (iii) inserting ‘‘or an offense under chapter will be a criminal offense. or reissuing a book, magazine, periodical, 109A’’ after ‘‘of chapter 117’’; and We also in this legislation extend film, videotape, digital image, or picture, or (B) in paragraph (I), by inserting ‘‘, 2252A, Federal jurisdiction to so-called ‘‘home other matter intended for commercial dis- 2252B or 2257’’ after ‘‘2252’’. pornographers’’ that use downloading tribution, that contains a visual depiction of (2) CIVIL FORFEITURE.—Section 2254(a) of sexually explicit conduct; or, inserting on a title 18, United States Code, is amended— on the Internet and digital and Polar- computer site or service a digital image of, (A) in paragraph (1), by inserting ‘‘, 2252A, oid photography to essentially create or otherwise managing the sexually explicit 2252B, or 2257’’ after ‘‘2252’’; an at-home cottage industry for child content, of a computer site or service that (B) in paragraph (2) — pornography. contains a visual depiction of, sexually ex- (i) by striking ‘‘or’’ and inserting ‘‘of’’ be- It is time to protect our children. It plicit conduct’’; fore ‘‘chapter 117’’; is time to enact the Pence amendment, (8) in subsection (a), by inserting after (ii) by inserting ‘‘, or an offense under sec- the Child Pornography Prevention Act ‘‘videotape,’’ the following: ‘‘digital image, tion 2252B or 2257 of this chapter,’’ after of 2005 and make it a part of this truly digitally- or computer-manipulated image of ‘‘Chapter 117,’’ and an actual human being, or picture,’’; and (iii) by inserting ‘‘, or an offense under landmark legislation, the Children’s (9) in subsection (f)(4), by inserting after chapter 109A’’ before the period; and Safety Act of 2005. ‘‘video’’ the following: ‘‘digital image, (C) in paragraph (3) by— Mr. SENSENBRENNER. Mr. Chair- digitally- or computer-manipulated image of (i) inserting ‘‘, or 2425’’ after ‘‘2423’’ and man, will the gentleman yield? an actual human being, or picture,’’. striking ‘‘or’’ before ‘‘2423’’; and Mr. PENCE. I yield to the gentleman SEC. 604. PREVENTION OF DISTRIBUTION OF (ii) inserting ‘‘, a violation of section 2252B from Wisconsin. CHILD PORNOGRAPHY USED AS EVI- or 2257 of this chapter, or a violation of chap- Mr. SENSENBRENNER. Mr. Chair- DENCE IN PROSECUTIONS. ter 109A’’ before the period. man, I would just like to add my words Section 3509 of title 18, United States Code, (c) AMENDMENTS TO RICO.—Section of support for the amendment of the is amended by adding at the end the fol- 1961(1)(B) of title 18, United States Code, is lowing: amended by inserting ‘‘2252A, 2252B,’’ after gentleman from Indiana (Mr. PENCE). I ‘‘(m) PROHIBITION ON REPRODUCTION OF ‘‘2252’’. think it makes a very important addi- CHILD PORNOGRAPHY.— SEC. 606. PROHIBITING THE PRODUCTION OF OB- tion to this bill. ‘‘(1) In any criminal proceeding, any prop- SCENITY AS WELL AS TRANSPOR- Mr. PENCE. I thank the chairman for erty or material that constitutes child por- TATION, DISTRIBUTION, AND SALE. his endorsement. nography (as defined by section 2256 of this (a) SECTION 1465.—Section 1465 of title 18 of Mr. SCOTT of Virginia. Mr. Chair- title) must remain in the care, custody, and the United States Code is amended— man, I move to strike the last word. control of either the Government or the (1) by inserting ‘‘Production and’’ before court. ‘‘Transportation’’ in the heading of the sec- Mr. Chairman, in the recent case of ‘‘(2)(A) Notwithstanding Rule 16 of the tion; Free Speech Coalition v. Ashcroft, the Federal Rules of Criminal Procedure, a court (2) by inserting ‘‘produces with the intent Supreme Court indicated that if the shall deny, in any criminal proceeding, any to transport, distribute, or transmit in inter- material is not obscene it cannot be

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20223 prohibited unless real children are in- b 1415 our children at all costs. My amendment would volved. This amendment prohibits sim- So the objective of the amendment do just that by making it a crime to knowingly ulated conduct, digital images that crafted by the gentlewoman from misappropriate the personal identification infor- may have been produced without real Texas is to protect our children at all mation of a minor in interstate or foreign com- children being involved. If real children costs, and this amendment would do merce. The offense will be punishable by fines are not involved, the material has to be this by making it a crime to knowingly or imprisonment for not more than 10 years. technically obscene to be prohibited. misappropriate the personal identifica- Identity thieves often target children for The Supreme Court indicated in the tion information of a minor in inter- these types of crimes because they are much decision that the fact that this mate- state or foreign commerce. The offense less likely to notice that someone else is using rial may whet someone’s appetite or would be punishable by fines or impris- their identity. Even infants have had their iden- the nature of the case caused problems onment not to exceed 10 years. tities stolen by identity thieves. These crimes for law enforcement, those could not be Identity thieves often target children may be discovered only when bewildered par- the grounds for violating the Constitu- for these type of crimes because they ents get the bill. Some children never learn tion in having material that is not ob- are much less likely to notice that that fraudulent activity has taken place in their scene being prohibited. someone else is using their identity. name until they are refused a driver’s license The case, whether you like it or not, Mr. SENSENBRENNER. Mr. Chair- because one has already been issued to their and bringing it up as a floor amend- man, will the gentleman yield? Social Security number. Worse still, some ment means we cannot try to conform Mr. CONYERS. I yield to the gen- apply for student loans only to learn that their the language to the Supreme Court de- tleman from Wisconsin. credit has been ruined. cision, so the only thing we can do is to Mr. SENSENBRENNER. Mr. Chair- Sadly, the Federal Trade Commission esti- vote against it if we believe in the Con- man, I am prepared to accept this mates that 9 percent of children in this situa- stitution and if we read Free Speech amendment, but I think it needs a lit- tion learn that a member of their own family Coalition v. Ashcroft. tle bit of work on it. I am concerned had actually perpetrated this fraud. Fixing The Acting CHAIRMAN. The ques- about the drafting and application of these credit reports can be very time-con- tion is on the amendment offered by the provision and am concerned about suming and particularly expensive for young the gentleman from Indiana (Mr. what might be construed as, quote, per- adults just entering the job market. Victims PENCE). sonally identifiable information of a now spend an average of 600 hours recov- The amendment was agreed to. person who is under age 18. ering from this crime, often over a period of AMENDMENT NO. 17 OFFERED BY MR. CONYERS The amendment requires clarifica- years, at an average cost of $1,400. Mr. CONYERS. Mr. Chairman, I offer tion of these issues, but I am willing to These crimes against unsuspecting and de- an amendment as the designee of the work with my colleague on this amend- fenseless children are among the most insid- gentlewoman from Texas (Ms. JACK- ment to possibly modify or clarify the ious that can be committed because they rob SON-LEE). language at a conference later on. So I children of opportunity. Instead, their entry to The Acting CHAIRMAN. The Clerk am prepared to accept the amendment adulthood is a setback with massive debt, will designate the amendment. and hope that it passes. legal bills, and an extraordinary battle just to The text of the amendment is as fol- Ms. JACKSON-LEE of Texas. Mr. get a fair chance in life. lows: Chairman, will the gentleman yield? This amendment provides stiff penalties to Amendment No. 17 offered by Mr. CONYERS: Mr. CONYERS. I yield to the gentle- criminals who prey on a child’s future. I would Add at the end the following new title: woman from Texas. like to thank Mr. CONYERS for offering my TITLE VI—PERSONAL DATA OF CHILDREN Ms. JACKSON-LEE of Texas. Mr. amendment and therefore I join him as a co- SEC. 601. MISAPPROPRIATION OF DATA. Chairman, I am delighted to be able to sponsor of this amendment. After being de- (a) IN GENERAL.—Chapter 88 of title 18, cosponsor this amendment, and I thank tained in a meeting on Hurricane Katrina, I United States Code, is amended by adding at the distinguished gentleman from was grateful that my amendment was able to the end the following: Michigan for presenting this amend- be offered by Mr. CONYERS, the ranking mem- ‘‘§ 1802. Misappropriation of personal data of ment on identity theft, and I thank the ber. children chairman. Mr. CONYERS. Mr. Chairman, I ‘‘Whoever, in or affecting interstate or for- I think the key element of the pur- thank the gentlewoman, and I think eign commerce, knowingly misappropriates pose of this amendment which we that covers it. the personally identifiable information of a present today is to realize that chil- The Acting CHAIRMAN (Mr. SWEE- person who has not attained the age of 18 years shall be fined under this title or im- dren are vulnerable. Documents have NEY). The question is on the amend- prisoned not more than 10 years, or both.’’. been lost, and now that we know that ment offered by the gentleman from (b) CLERICAL AMENDMENT.—The table of identity theft is as prolific, unfortu- Michigan (Mr. CONYERS). sections at the beginning of chapter 88 of nately, as Katrina was and the rain and The amendment was agreed to. title 18, United States Code, is amended by the floods, these children need pro- AMENDMENT NO. 25 OFFERED BY MR. CONYERS adding at the end the following new item: tecting. Mr. CONYERS. Mr. Chairman, I offer ‘‘1802. Misappropriation of personal data of So I would hope we could work to- an amendment. children.’’. gether. I would like to work with the The Acting CHAIRMAN. The Clerk Mr. CONYERS. Mr. Chairman, this gentleman from Wisconsin (Mr. SEN- will designate the amendment. question of the well-being of our Na- SENBRENNER) if this amendment could The text of the amendment is as fol- tion’s children is a result of the fact be accepted. lows: that children have increasingly become As chair and founder of the Children’s Cau- Amendment No. 25 offered by Mr. CONYERS: targets for identity theft. There have cus, I am very concerned with the well being At the end of the bill, add the following been sharp rises in incidents of fraud of our Nation’s children. Unfortunately, chil- new title: involving children’s Social Security dren have increasingly become targets for TITLE VI—LOCAL LAW ENFORCEMENT numbers which have been documented. identity theft. Sharp rises in incidents of fraud HATE CRIMES PREVENTION Crimes using the stolen data are typi- involving children’s Social Security numbers SECTION 601. SHORT TITLE. cally credit card frauds or the issuance have been documented. Crimes using this sto- This title may be cited as the ‘‘Local Law of fraudulent driver’s licenses. How- len data are typically credit card fraud or the Enforcement Hate Crimes Prevention Act of ever, it is not too farfetched to think issuance of fraudulent driver’s licenses. How- 2005’’. that the misappropriations of the per- ever, it is not too far fetched to think that the SEC. 602. FINDINGS. sonally identifiable information of a Congress makes the following findings: misappropriation of the personally identifiable (1) The incidence of violence motivated by person who has not attained the age of information of a person who has not attained the actual or perceived race, color, religion, 18 could be used in a way that could the age of 18 years could be used in a way national origin, gender, sexual orientation, bring about many of the offenses set that could bring about many of the offenses gender identity, or disability of the victim forth in this Act. set forth in this act. The objective is to protect poses a serious national problem.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20224 CONGRESSIONAL RECORD—HOUSE September 14, 2005 (2) Such violence disrupts the tranquility SEC. 604. SUPPORT FOR CRIMINAL INVESTIGA- which the Attorney General receives the ap- and safety of communities and is deeply divi- TIONS AND PROSECUTIONS BY plication. sive. STATE AND LOCAL LAW ENFORCE- (5) GRANT AMOUNT.—A grant under this MENT OFFICIALS. (3) State and local authorities are now and subsection shall not exceed $100,000 for any will continue to be responsible for pros- (a) ASSISTANCE OTHER THAN FINANCIAL AS- single jurisdiction within a 1 year period. ecuting the overwhelming majority of vio- SISTANCE.— (6) REPORT.—Not later than December 31, lent crimes in the United States, including (1) IN GENERAL.—At the request of a law en- 2006, the Attorney General shall submit to violent crimes motivated by bias. These au- forcement official of a State or Indian tribe, Congress a report describing the applications thorities can carry out their responsibilities the Attorney General may provide technical, submitted for grants under this subsection, more effectively with greater Federal assist- forensic, prosecutorial, or any other form of the award of such grants, and the purposes ance. assistance in the criminal investigation or for which the grant amounts were expended. (4) Existing Federal law is inadequate to prosecution of any crime that— (7) AUTHORIZATION OF APPROPRIATIONS.— address this problem. (A) constitutes a crime of violence (as de- There is authorized to be appropriated to (5) The prominent characteristic of a vio- fined in section 16 of title 18, United States carry out this subsection $5,000,000 for each lent crime motivated by bias is that it dev- Code); of fiscal years 2006 and 2007. astates not just the actual victim and the (B) constitutes a felony under the laws of SEC. 605. GRANT PROGRAM. the State or Indian tribe; and family and friends of the victim, but fre- (a) AUTHORITY TO MAKE GRANTS.—The Of- (C) is motivated by prejudice based on the quently savages the community sharing the fice of Justice Programs of the Department actual or perceived race, color, religion, na- traits that caused the victim to be selected. of Justice shall award grants, in accordance tional origin, gender, sexual orientation, (6) Such violence substantially affects with such regulations as the Attorney Gen- gender identity, or disability of the victim, interstate commerce in many ways, includ- eral may prescribe, to State and local pro- or is a violation of the hate crime laws of the ing— grams designed to combat hate crimes com- State or Indian tribe. (A) by impeding the movement of members mitted by juveniles, including programs to (2) PRIORITY.—In providing assistance of targeted groups and forcing such members train local law enforcement officers in iden- under paragraph (1), the Attorney General to move across State lines to escape the inci- tifying, investigating, prosecuting, and pre- shall give priority to crimes committed by dence or risk of such violence; and venting hate crimes. offenders who have committed crimes in (B) by preventing members of targeted (b) AUTHORIZATION OF APPROPRIATIONS.— more than 1 State and to rural jurisdictions groups from purchasing goods and services, There are authorized to be appropriated such that have difficulty covering the extraor- obtaining or sustaining employment, or par- sums as may be necessary to carry out this dinary expenses relating to the investigation ticipating in other commercial activity. section. or prosecution of the crime. (7) Perpetrators cross State lines to com- SEC. 606. AUTHORIZATION FOR ADDITIONAL PER- mit such violence. (b) GRANTS.— SONNEL TO ASSIST STATE AND (8) Channels, facilities, and instrumental- (1) IN GENERAL.—The Attorney General LOCAL LAW ENFORCEMENT. ities of interstate commerce are used to fa- may award grants to assist State, local, and There are authorized to be appropriated to cilitate the commission of such violence. Indian law enforcement officials with the ex- the Department of Justice, including the (9) Such violence is committed using arti- traordinary expenses associated with the in- Community Relations Service, for fiscal vestigation and prosecution of hate crimes. cles that have traveled in interstate com- years 2006, 2007, and 2008 such sums as are (2) OFFICE OF JUSTICE PROGRAMS.—In imple- merce. necessary to increase the number of per- menting the grant program, the Office of (10) For generations, the institutions of sonnel to prevent and respond to alleged vio- Justice Programs shall work closely with slavery and involuntary servitude were de- lations of section 249 of title 18, United the funded jurisdictions to ensure that the fined by the race, color, and ancestry of States Code, as added by section 607. concerns and needs of all affected parties, in- those held in bondage. Slavery and involun- SEC. 607. PROHIBITION OF CERTAIN HATE CRIME cluding community groups and schools, col- tary servitude were enforced, both prior to ACTS. leges, and universities, are addressed and after the adoption of the 13th amend- (a) IN GENERAL.—Chapter 13 of title 18, through the local infrastructure developed ment to the Constitution of the United United States Code, is amended by adding at under the grants. States, through widespread public and pri- the end the following: (3) APPLICATION.— vate violence directed at persons because of (A) IN GENERAL.—Each State that desires a ‘‘§ 249. Hate crime acts their race, color, or ancestry, or perceived grant under this subsection shall submit an ‘‘(a) IN GENERAL.— race, color, or ancestry. Accordingly, elimi- application to the Attorney General at such ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- nating racially motivated violence is an im- time, in such manner, and accompanied by CEIVED RACE, COLOR, RELIGION, OR NATIONAL portant means of eliminating, to the extent or containing such information as the Attor- ORIGIN.—Whoever, whether or not acting possible, the badges, incidents, and relics of ney General shall reasonably require. under color of law, willfully causes bodily in- slavery and involuntary servitude. (B) DATE FOR SUBMISSION.—Applications jury to any person or, through the use of (11) Both at the time when the 13th, 14th, submitted pursuant to subparagraph (A) fire, a firearm, or an explosive or incendiary and 15th amendments to the Constitution of shall be submitted during the 60-day period device, attempts to cause bodily injury to the United States were adopted, and con- beginning on a date that the Attorney Gen- any person, because of the actual or per- tinuing to date, members of certain religious eral shall prescribe. ceived race, color, religion, or national ori- and national origin groups were and are per- (C) REQUIREMENTS.—A State or political gin of any person— ceived to be distinct ‘‘races’’. Thus, in order subdivision of a State or tribal official ap- ‘‘(A) shall be imprisoned not more than 10 to eliminate, to the extent possible, the plying for assistance under this subsection years, fined in accordance with this title, or badges, incidents, and relics of slavery, it is shall— both; and necessary to prohibit assaults on the basis of (i) describe the extraordinary purposes for ‘‘(B) shall be imprisoned for any term of real or perceived religions or national ori- which the grant is needed; years or for life, fined in accordance with gins, at least to the extent such religions or (ii) certify that the State, political sub- this title, or both, if— national origins were regarded as races at division, or Indian tribe lacks the resources ‘‘(i) death results from the offense; or the time of the adoption of the 13th, 14th, necessary to investigate or prosecute the ‘‘(ii) the offense includes kidnaping or an and 15th amendments to the Constitution of hate crime; attempt to kidnap, aggravated sexual abuse the United States. (iii) demonstrate that, in developing a plan or an attempt to commit aggravated sexual (12) Federal jurisdiction over certain vio- to implement the grant, the State, political abuse, or an attempt to kill. lent crimes motivated by bias enables Fed- subdivision, or tribal official has consulted ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- eral, State, and local authorities to work to- and coordinated with nonprofit, nongovern- CEIVED RELIGION, NATIONAL ORIGIN, GENDER, gether as partners in the investigation and mental victim services programs that have SEXUAL ORIENTATION, GENDER IDENTITY, OR prosecution of such crimes. experience in providing services to victims of DISABILITY.— (13) The problem of crimes motivated by hate crimes; and ‘‘(A) IN GENERAL.—Whoever, whether or not bias is sufficiently serious, widespread, and (iv) certify that any Federal funds received acting under color of law, in any cir- interstate in nature as to warrant Federal under this subsection will be used to supple- cumstance described in subparagraph (B), assistance to States and local jurisdictions. ment, not supplant, non-Federal funds that willfully causes bodily injury to any person SEC. 603. DEFINITION OF HATE CRIME. would otherwise be available for activities or, through the use of fire, a firearm, or an funded under this subsection. explosive or incendiary device, attempts to In this title, the term ‘‘hate crime’’ has (4) DEADLINE.—An application for a grant cause bodily injury to any person, because of the same meaning as in section 280003(a) of under this subsection shall be approved or the actual or perceived religion, national or- the Violent Crime Control and Law Enforce- disapproved by the Attorney General not igin, gender, sexual orientation, gender iden- ment Act of 1994 (28 U.S.C. 994 note). later than 30 business days after the date on tity or disability of any person—

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20225 ‘‘(i) shall be imprisoned not more than 10 ing in this section affects the rules of evi- statutes do not permit Federal involve- years, fined in accordance with this title, or dence governing impeachment of a witness.’’. ment in a range of cases where crimes both; and (b) TECHNICAL AND CONFORMING AMEND- are motivated by bias against the vic- MENT.—The analysis for chapter 13 of title 18, ‘‘(ii) shall be imprisoned for any term of tims’ perceived sexual orientation, years or for life, fined in accordance with United States Code, is amended by adding at this title, or both, if— the end the following: gender disability, or gender identity. ‘‘(I) death results from the offense; or ‘‘249. Hate crime acts.’’. This loophole is particularly signifi- ‘‘(II) the offense includes kidnaping or an SEC. 608. STATISTICS. cant given the fact that four States attempt to kidnap, aggravated sexual abuse Subsection (b)(1) of the first section of the have no hate crime laws on the books or an attempt to commit aggravated sexual Hate Crimes Statistics Act (28 U.S.C. 534 and 21 others have weak hate crime abuse, or an attempt to kill. note) is amended by inserting ‘‘gender and laws. ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- gender identity,’’ after ‘‘race,’’. So the amendment will make it easi- poses of subparagraph (A), the circumstances SEC. 609. SEVERABILITY. er for the Federal authorities to pros- described in this subparagraph are that— If any provision of this title, an amend- ecute bias crimes, in the same way ‘‘(i) the conduct described in subparagraph ment made by this title, or the application that the Church Arson Prevention Act (A) occurs during the course of, or as the re- of such provision or amendment to any per- helped Federal prosecutors combat sult of, the travel of the defendant or the son or circumstance is held to be unconstitu- church arsonists, that is, by loosening victim— tional, the remainder of this Act, the amend- ‘‘(I) across a State line or national border; ments made by this Act, and the application the unduly rigid jurisdictional require- or of the provisions of such to any person or ments under Federal law. ‘‘(II) using a channel, facility, or instru- circumstance shall not be affected thereby. State and local authorities currently mentality of interstate or foreign commerce; Mr. CONYERS. Mr. Chairman, this is prosecute the overwhelming majority ‘‘(ii) the defendant uses a channel, facility, a very important consideration; and I of hate crimes and will continue to do or instrumentality of interstate or foreign so under this legislation with the en- offer this amendment to address a commerce in connection with the conduct hanced support of the Federal Govern- problem, the scourge of hate violence, described in subparagraph (A); ment. Through an intergovernmental ‘‘(iii) in connection with the conduct de- and hope that my colleagues will care- assistance program created by this leg- scribed in subparagraph (A), the defendant fully consider the merits of the pro- islation, the Department of Justice employs a firearm, explosive or incendiary posal. device, or other weapon that has traveled in The larger measure before us, H.R. will provide technical, forensic, or interstate or foreign commerce; or 3132, finally gives us an opportunity to prosecutorial assistance to State and ‘‘(iv) the conduct described in subpara- local law officials in cases of bias pass a hate crimes legislation that has graph (A)— crime. been supported by a majority of the ‘‘(I) interferes with commercial or other The proposal also authorizes the At- economic activity in which the victim is en- House and the Senate for three Con- torney General to make grants to gaged at the time of the conduct; or gresses. Regularly, on motions to in- State and local law enforcement agen- ‘‘(II) otherwise affects interstate or foreign struct, this House voted 232 to 192 in cies that have incurred extraordinary commerce. support of hate crimes legislation. expenses associated with the investiga- ‘‘(b) CERTIFICATION REQUIREMENT.—No Clearly, after a series of procedural prosecution of any offense described in this tion and prosecution of hate crimes. votes in favor of the bill, the time has I hope in supporting H.R. 3132 we can subsection may be undertaken by the United come for us to act on the substance; States, except under the certification in also move forward in this important writing of the Attorney General, the Deputy and this is what brings me to the well area of hate crimes with reference to Attorney General, the Associate Attorney today. protecting children. General, or any Assistant Attorney General In 2003, for the most available data, Behind each of the statistics cited above lies specially designated by the Attorney General the FBI compiled reports from law en- an individual or community targeted for vio- that— forcement agencies across the country lence for no other reason than race, religion, ‘‘(1) he or she has reasonable cause to be- identifying 7,489 criminal incidents lieve that the actual or perceived race, color, ethnicity, sexual orientation, gender, disability that were motivated by an offender’s or gender identity. Let us be clear that a sig- religion, national origin, gender, sexual ori- irrational antagonism towards some entation, gender identity, or disability of nificant number of children lie within these sta- any person was a motivating factor under- personal attribute associated with the tistics. lying the alleged conduct of the defendant; victim. Law enforcement agencies have These discrete communities have learned and identified 9,100 victims arising from the hard way that a failure to address the ‘‘(2) he or his designee or she or her des- 8,715 separate criminal offenses. While problem of bias crime can cause a seemingly ignee has consulted with State or local law every State reported at least a small isolated incident to fester into wide spread ten- enforcement officials regarding the prosecu- number of incidents, it is important to sion that can damage the social fabric of the tion and determined that— note that the reporting by law enforce- wider community. This amendment is a con- ‘‘(A) the State does not have jurisdiction ment is voluntary, and it is widely be- or does not intend to exercise jurisdiction; structive and measured response to a problem ‘‘(B) the State has requested that the Fed- lieved that hate crimes are seriously that continues to plague our nation. These are eral Government assume jurisdiction; underreported. crimes that shock and shame our national ‘‘(C) the State does not object to the Fed- Children are not immune from this conscience and they should be subject to eral Government assuming jurisdiction; or violence. The FBI data has revealed comprehensive federal law enforcement as- ‘‘(D) the verdict or sentence obtained pur- that a disproportionately high percent- sistance and prosecution. suant to State charges left demonstratively age of both victims and perpetrators of I hope that in supporting H.R. 3132 we can unvindicated the Federal interest in eradi- hate violence were children, young peo- also move forward in this area, hate crimes, cating bias-motivated violence. ple under 18 years of age. A Depart- that is equally important to protecting children. ‘‘(c) DEFINITIONS.—In this section— ment of Justice report, a special one on ‘‘(1) the term ‘explosive or incendiary de- Mr. SENSENBRENNER. Mr. Chair- vice’ has the meaning given the term in sec- the subject, in 2001 carefully analyzed man, I rise in strong opposition to the tion 232 of this title; nearly 3,000 of the 24,000 hate crimes re- amendment. ‘‘(2) the term ‘firearm’ has the meaning ported and revealed 30 percent of all Mr. Chairman, this is a poison pill to given the term in section 921(a) of this title; victims of bias-motivated aggravated a very good and strongly supported and assaults, and 34 percent of the victims bill; and regardless of whether or not ‘‘(3) the term ‘gender identity’ for the pur- of simple assault were under 18. one favors or opposes the Federal hate poses of this chapter means actual or per- So that is the problem. Despite the crimes law, I would ask the member- ceived gender-related characteristics. pervasiveness of the problem, current ship not to put highly controversial ‘‘(d) RULE OF EVIDENCE.—In a prosecution law limits Federal jurisdiction over for an offense under this section, evidence of legislation of this nature on a bill that expression or associations of the defendant hate crimes to incidents against pro- has attracted such strong and bipar- may not be introduced as substantive evi- tected classes that occur only during tisan support. dence at trial, unless the evidence specifi- the exercise of federally protected ac- Earlier today, when we were consid- cally relates to that offense. However, noth- tivities such as voting. Further, the ering the bill granting immunity from

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20226 CONGRESSIONAL RECORD—HOUSE September 14, 2005 civil liability to Good Samaritans who symbolic basis, it is important that Mr. Chairman, I rise in support of the are going down to help the victims of Congress enunciate clearly that hate- amendment, and I yield to the gen- Hurricane Katrina, the Members of the motivated violence based on gender- tleman from Michigan (Mr. CONYERS), minority party complained about the sexual orientation or disability is the ranking member of the Committee fact that there had been no hearings, wrong, because, quite frankly, too on the Judiciary. there had been no committee consider- much of what we do in this Chamber Mr. CONYERS. Mr. Chairman, I ation of this legislation, which is argu- conveys the message that we really do thank the gentleman from Virginia for ably of an emergency nature. not believe in equality for all, and that his generosity in yielding to me. There have been no hearings. There is sort of like a wink and a nod, that a Members of the Committee, there is have been no markups to this legisla- little discrimination is okay. an historical underlying importance tion, and we are talking about a major I want to speak briefly about why about what we are discussing here. I amendment to the Federal Criminal hate crimes differ from other violent mention its importance. We have never Code, one that poses constitutional crimes. A senior Republican Member of had on the Federal books, in Federal problems of double jeopardy and the other body said a few years ago: ‘‘A law, a prohibition against killing whether Congress is exceeding its con- crime committed not just to harm an someone because of their race. Dr. E.B. stitutional authority, which is some- individual, but out of motive of sending DuBois and the NAACP brought this up thing that should go through the reg- a message of hatred to an entire com- in the 1930s. It was debated even fur- ular order. I do not think the changes munity is appropriately punished more ther back during Reconstruction. We to the criminal code should be taken harshly, or in a different manner, than are at a very critical, important point. lightly. other crimes.’’ This House has approved this, but we Hate crimes are different than other Statistics on hate crimes prosecution have never dealt with it substantively violent crimes because they seek to in- should be fully considered in a very before this afternoon. So I urge the still fear and terror throughout a thoughtful way, including testimony Members to seriously consider the his- whole community, be it burning a cross that scholars have presented that says torical nature of what it is we are con- in someone’s yard, the burning of a sidering here. This is the first sub- that hate crimes legislation actually synagogue, a rash of physical assaults increases those types of crimes, rather stantive consideration of a hate crimes in a gay community center. This sort measure that makes it a Federal viola- than decreases them. of domestic terrorism demands a We also should consider the case of tion of criminal law to kill a person be- strong Federal response because this cause of their race. It is exceedingly United States v. Morrison, where the country was founded on the premise Supreme Court considered whether or important from that point of view. that persons should be free to be who- As I said, it has been debated down not section 8 of the Commerce Clause ever they are, without fear of violence. from Reconstruction times. It was de- or section 5 of the 14th amendment Both in the 107th and 108th Con- bated during the 1930s. It has been would allow Congress to enact a Fed- gresses, the House of Representatives dealt with indirectly here on the floor. eral civil remedy for victims of gender- voted in favor of motions to instruct The majority of the Members have con- motivated violence. There the Supreme conferees to retain the Local Law En- curred with it through other proce- Court said the Congress did not have forcement Hate Crimes Prevention Act dures. But today, for the very first the constitutional authority to do as part of the Department of Defense time, we are now considering this mat- that. authorization bill. Unfortunately, de- ter. I think both on the merits and on the spite the support of a solid bipartisan I commend this to the careful atten- process and on the practicalities of majority in both this body and the tion of all of my colleagues in this putting a controversial piece of legisla- other body, the provisions were 109th Congress. We have a tremendous tion such as this amendment on a bill dropped in conference. opportunity of an historical nature be- that has attracted broad and bipartisan The urgency to pass hate crimes leg- fore us, and I hope that we will success- support, this amendment should be islation and protections is as great as fully move this part of the bill forward strongly rejected. Do not kill the bill ever. Just last year, in separate in- with this amendment. with this amendment. Vote it down. stances, two men in Mississippi were Ms. PELOSI. Mr. Chairman, I move Ms. BALDWIN. Mr. Chairman, I move brutally murdered based on their sex- to strike the requisite number of to strike the last word. ual orientation. words. Mr. Chairman, the underlying bill b 1430 Mr. Chairman, I rise in strong sup- that we are dealing with today is about Scotty Joe Weaver was strangled, port of the hate crimes prevention safety and protection, and so is the beaten, and stabbed before his body amendment offered by the distin- Conyers amendment, which is why I was carried to a wooded area and set on guished gentleman from Michigan (Mr. rise in strong support of it. fire. The following week, Roderick CONYERS), the ranking member on the It is tragic when hate crimes occur, George was shot in the forehead. Au- Committee on the Judiciary, and I but they do. It is irresponsible and thorities have concluded that anti-gay thank him for his strong leadership on naive to deny that there are people out animus was a motivating factor in both this subject. there who seek to commit violence cases. I disagree with the distinguished against others because they are gay, All Americans, regardless of their chairman of the committee. This is not lesbian or transgender or because they race, gender, disability, or sexual ori- a poison pill. This amendment does are female or because they have a dis- entation, have a right to feel safe in nothing to weaken the underlying bill. ability. It happens far too often, and their communities. Gays and lesbians We all agree we must take strong we must not be silent about it. should not have to live in fear any- measures to protect our children from The FBI collects statistics on these where in the United States of America. sexual predators. As a mother of five crimes; and for the past 10 years, vio- For far too long this body has failed and grandmother of five, I appreciate lent hate crimes committed on the to act to prevent or respond to hate fully the underlying bill and intend to basis of sexual orientation have been crimes. We have the opportunity to do vote for it. the third highest number of hate so today. I urge my colleagues to rec- This is, Mr. Chairman, another issue; crimes committed. The problem is real, ognize that both the underlying bill and it relates to hate crimes. This ve- and people are dying solely because of and this amendment are about safety hicle is one that gives Congress the op- who they are. and protection of our citizens. I urge portunity to go on record, and hope- Enactment of Federal hate crimes my colleagues to support this amend- fully in the majority, to reject hate protections is important for both sub- ment. crimes in our country. Hate crimes pre- stantive and symbolic reasons. The Mr. SCOTT of Virginia. Mr. Chair- vention is long overdue. Hate crimes legal protections are essential to our man, I move to strike the requisite have no place in America. All Ameri- system of ordered justice; but on a number of words. cans have a fundamental right to feel

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20227 safe in their communities. Federal Let that be our call. Let us live up to the history of Congress, nothing in this hate crimes prevention legislation is the ideals of equality and opportunity amendment impinges in any way on the right thing to do, and we must do that are both our hope and our future. anybody’s right to say or write any- it now. We have waited far too long. Let us pass this amendment to secure thing they want. A year ago, a majority of this House justice for all. We must continue to What it says is that if you commit an voted to support including hate crimes vote for justice, for hope, and for free- act which is otherwise a crime, because prevention legislation in the Depart- dom by ensuring that hate crimes pre- the predicate for this is that you have ment of Defense authorization bill, on vention provisions are enacted into to commit a physical act which would the heels of a strong vote in the Sen- law. I urge my colleagues to vote for be a crime against a person or prop- ate. Similarly, the House acted in Sep- this important amendment. erty, but generally against a person, tember of 2000. Twice, the Republican Mr. CONYERS. Mr. Chairman, will that it becomes an aggravating factor leadership defied the will of the major- the gentlewoman yield? if it is demonstrated to be motivated, ity of the House and stripped these es- Ms. PELOSI. I yield to the gentleman and the courts have made it clear that sential provisions out in conference. from Michigan. you have to demonstrate this is an ele- Today, we should not be denied. We Mr. CONYERS. Mr. Chairman, I just ment of the crime in some way, you will have a vote that counts. wanted to commend the minority lead- must demonstrate that it was moti- Our Nation was founded on the prin- er on the legislative history she has re- vated by prejudice. ciple that all are created equal, all are counted for the benefit of us who have Now the argument is, well, why is entitled to the protections of the laws, dealt with this across the years and one kind of crime worse than any and all are entitled to justice. It vio- add that this is a bipartisan measure. I other? Well, in fact, of course, our lates this principle to have individuals only wish that all of our colleagues on laws, State and Federal, are replete in our country targeted for violence be- the other side of the aisle who support with examples where the exact same cause of who they are, the color of this measure would also join with their act is treated more harshly depending their skin, how they worship, and who voices and their votes with us on this on the motivation. We have laws that they love. The perpetrators of violence very important day. particularly single out crimes against intend to send a message to certain We can track back a record that goes the elderly. We have laws that say if members of our community that they back to reconstruction where we have you desecrate one kind of property it is are not welcome. been trying to attempt to successfully worse than if you desecrate another. Mr. Chairman, this amendment is pass this measure. So I congratulate Here is the rationale for this. If an based on H.R. 2662, the Local Enforce- the gentlewoman on her explanation of individual is assaulted and the indi- ment Hate Crimes Prevention Act of why we are here. vidual chosen for the assault was cho- 2005, introduced by the gentleman from Ms. PELOSI. Reclaiming my time, sen randomly, that is a very serious Michigan (Mr. CONYERS), and joined by Mr. Chairman, I would just say to the problem for that individual, and the 142 Members as cosponsors, of which I gentleman that we passed this legisla- crime ought to be punished and the in- am proud to be one. It will help prevent tion, as I mentioned, at least two times dividual protected. But where individ- violence visited upon individuals be- on the floor with Republican votes. As uals are singled out for assault because cause of their race, sexual orientation, the gentleman knows, we do not have of their race, because of their sexual sexual identity, religion, national ori- the majority on the Democratic side, orientation, because of their gender or gin, gender, or disability. so it was with Republican votes that identity, and transgendered people are As the gentleman from Michigan (Mr. we passed it before. among those who have been most re- CONYERS) explained, these protections I, too, hope those votes will be here are necessary and must be enacted into cently viciously and violently at- today because we do have an historic law. Who can ever forget the brutal tacked, it is not simply the victim of murders of James Byrd in Texas, Mat- opportunity to pass the underlying bill the violent assault who is assaulted. thew Shepard in Wyoming, Waqar but, more importantly in terms of this Other people in that vicinity, in that Hasan in Texas, Gwen Araujo in Cali- historical opportunity that is pre- area, who share those characteristics, fornia, and so many others who have sented to us, to pass this amendment are also put in fear. And it is legiti- died because of ignorance and intoler- as well. mate for us to say that when you have ance. This legislation would increase Mr. FRANK of Massachusetts. Mr. individuals being singled out because the ability of local, State and Federal Chairman, I move to strike the req- of a certain characteristic, this be- law enforcement agencies to solve and uisite number of words. comes a crime that transcends the as- prevent a wide range of violent hate Mr. Chairman, I want to address sault against the individual. It does crimes. some of the misconceptions that arise not mean we do not protect the indi- Mr. Chairman, I call this very spe- when we deal with this legislation. I vidual. It means that we go beyond cifically to your attention and to that and many of the strongest proponents that. of our colleagues, that numerous law of hate crimes legislation are also Now there are people who say, look, enforcement organizations, including among the strongest proponents of free if you hit anybody, it is exactly the the International Association of Chiefs expression in this House, and I want to same thing. I doubt their sincerity, Mr. of Police support the need for Federal be very clear. A belief in free expres- Chairman. Because, as I understand it, hate crimes legislation. sion means the belief in the right of ob- under Federal law, if one of us were to Mr. Chairman, as we deal with the noxious people to say hateful things. be walking out in the street with a pri- aftermath of Hurricane Katrina, we This is not an effort to prevent people vate citizen and we were both as- must remember that we are one Amer- from engaging in racist or homophobic saulted, the individual assaulting us ica, a Nation that must be united not or sexist insults. I regard that to be a has committed a greater crime than just in common purpose but in common very unpleasant but fully constitu- the individual assaulting a private cit- effort and common community. We tionally protected practice, and there izen. That is, we have one category of must work to end false distinctions have been mistaken assertions in this. hate crimes in that it is a more serious among us. There was in fact a case in Philadel- crime to assault a Member of Congress. In the words of my good friend, the phia which lent itself to the interpreta- Now, by the way, it is obviously not gentleman from Georgia (Mr. LEWIS), tion that unpleasant speech was being in any way constitutionally inappro- who I consider to be the conscience of prosecuted. That case was thrown out priate to denounce Members of Con- this House, we must strive towards our of court, and it was wrong. Nothing in gress. We all know that. So anyone ‘‘Beloved Community.’’ ‘‘We must this law in any way, this amendment who thinks that when you have en- move our resources to build and not to that the gentleman from Michigan, hanced a sentencing by singling out an tear down, to reconcile and not to di- who happens to be one of the greatest individual you have immunized him or vide, to love and not to hate.’’ defenders of freedom of expression in her from criticism, just look at us. I do

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20228 CONGRESSIONAL RECORD—HOUSE September 14, 2005 not know anybody who is proposing sends a message to every member of the tar- Bishop (GA) Jackson-Lee Olver that we get rid of that. geted group that they risk their lives simply by Boucher (TX) Owens Brown (OH) Jefferson Pastor So here is what we are dealing with. remaining part of that community or ascribing Brown, Corrine Johnson, E. B. Paul We are dealing with a law which in no to that identity. Americans should never have Butterfield Jones (OH) Pelosi way impinges on anyone’s freedom of to be afraid to live the way they choose. Capuano Kaptur Price (NC) Rahall expression and says that when individ- The Conyers amendment would strengthen Carson Kildee Case Kilpatrick (MI) Rangel Roybal-Allard uals are physically harmed in part be- existing Federal law in two ways. First, it re- Clay Kucinich Rush cause of who they are that others who moves the requirement that the victim be en- Cleaver Lantos Sabo Conyers Larsen (WA) share that characteristic are also put gaged in a federally protected activity when Sa´ nchez, Linda in fear, and that is a way to try to di- the crime is committed. The amendment will Crowley LaTourette Lee T. Cummings Sanders minish that form of activity. thereby make it easier for Federal authorities Levin Davis (IL) Schakowsky I should add, too, that we have re- to prosecute or assist local authorities in pros- Lewis (GA) Deal (GA) Schwarz (MI) Lungren, Daniel cently seen more of an outbreak of this ecuting hate crimes. Second, it expands the DeGette Scott (VA) E. sort of violence against people who are Delahunt Serrano definition of hate crimes to include those moti- Maloney Dingell Sherman transgendered, and it is important for vated by gender, gender identity, disability, Markey Ehlers Smith (WA) us to come to people’s aid. Matsui and sexual orientation. Engel Snyder McDermott Of course, when people say, oh, well, We must all redouble our efforts to pass Evans Solis McGovern this whole new thing is here, of course, Farr Stark sensible hate crimes prevention legislation this McKinney Filner Stupak the parent of hate crimes legislation is year. We must continue our fight to protect Meehan Frank (MA) Tierney the anti-lynch laws of the 1930s. We American families from violent bigotry and vi- Meeks (NY) Towns Green, Al Millender- tried in the 1930s to pass laws which cious acts of hatred. I urge my colleagues to Grijalva Udall (NM) McDonald Vela´ zquez were Federal hate crimes. The lynch vote for the Conyers amendment. Gutierrez Miller, George Wasserman Hastings (FL) laws were laws that said murder is The Acting CHAIRMAN (Mr. Mollohan Schultz murder, but where people are murdered SWEENEY). The question is on the Hinchey Moore (WI) Waters for racial reasons in parts of the coun- amendment offered by the gentleman Holt Moran (VA) Watson Honda Nadler try where the individuals may not be from Michigan (Mr. CONYERS). Watt Hoyer Napolitano Waxman protected, where law enforcement The question was taken; and the Act- Inglis (SC) Neal (MA) Woolsey might be complicit, that is a Federal ing Chairman announced that the noes Jackson (IL) Oberstar Wynn law. appeared to have it. NOES—316 Now it is true that while this House Mr. CONYERS. Mr. Chairman, I de- Aderholt Conaway Gonzalez continuously passed such legislation, mand a recorded vote. Akin Cooper Goode the Senate never did because of other The Acting CHAIRMAN. Pursuant to Alexander Costa Goodlatte things. clause 6 of rule XVIII, further pro- Allen Costello Gordon Andrews Cramer Granger b 1445 ceedings on the amendment offered by Baca Crenshaw Graves the gentleman from Michigan (Mr. Bachus Cubin Green (WI) But the fact is that the principle of CONYERS) will be postponed. Baker Cuellar Green, Gene Federal intervention to protect indi- Barrett (SC) Culberson Gutknecht viduals against crimes of violence that SEQUENTIAL VOTES POSTPONED IN COMMITTEE Barrow Cunningham Hall OF THE WHOLE are ordinarily State crimes, in those Bartlett (MD) Davis (AL) Harris The Acting CHAIRMAN. Pursuant to Bass Davis (CA) Hart cases where there is a pattern of non- clause 6 of rule XVIII, proceedings will Bean Davis (FL) Hastings (WA) enforcement, which is a predicate Berkley Davis (KY) Hayes now resume on those amendments on again for activity in this bill, goes Berry Davis (TN) Hayworth which further proceedings were post- Biggert Davis, Jo Ann Hefley back to anti-lynch laws, and I think poned in the following order: amend- Bilirakis Davis, Tom Hensarling many of us regret that those laws have Bishop (NY) DeFazio Herger ment No. 9 offered by the gentleman not been passed. Bishop (UT) DeLauro Herseth from South Carolina (Mr. INGLIS) and Blackburn DeLay Higgins Mr. NADLER. Mr. Chairman, we are faced amendment No. 25 offered by the gen- Blumenauer Dent Hinojosa with an historic opportunity this year to pass Blunt Diaz-Balart, L. Hobson tleman from Michigan (Mr. CONYERS). legislation to combat violent hate crimes that Boehlert Diaz-Balart, M. Holden The Chair will reduce to 5 minutes continue to plague our country. Boehner Dicks Hooley the time for any electronic vote after Bonilla Doggett Hostettler Despite the brutal killing of Matthew the first vote in this series. Bonner Doolittle Hulshof Shepard 7 years ago, Congress has failed to Bono Doyle Hunter pass the Local Law Enforcement Hate Crimes AMENDMENT NO. 9 OFFERED BY MR. INGLIS OF Boozman Drake Hyde SOUTH CAROLINA Boren Dreier Inslee Prevention Act. We have a rare opportunity The Acting CHAIRMAN. The pending Boswell Duncan Israel today to finally pass this bill as an amendment Boustany Edwards Issa to a crime bill, and we must not let this oppor- business is the demand for a recorded Boyd Emanuel Istook tunity pass us by again. vote on the amendment offered by the Bradley (NH) Emerson Jenkins gentleman from South Carolina (Mr. Brady (PA) English (PA) Jindal In the years that followed Matthew Brady (TX) Eshoo Johnson (CT) INGLIS) on which further proceedings Shepard’s death, thousands of hate crimes Brown (SC) Etheridge Johnson (IL) have been committed and Congress has failed were postponed and on which the noes Brown-Waite, Everett Johnson, Sam to protect gays, lesbians, bisexuals, and prevailed by voice vote. Ginny Fattah Jones (NC) The Clerk will redesignate the Burgess Feeney Kanjorski transgender individuals from these heinous Burton (IN) Ferguson Keller crimes. amendment. Buyer Fitzpatrick (PA) Kelly Tragically, we are all far too familiar with the The Clerk redesignated the amend- Calvert Flake Kennedy (MN) ment. Camp Foley Kennedy (RI) violent acts of hate crime. Congress has been Cannon Forbes Kind too slow in responding to the hate crimes that RECORDED VOTE Cantor Ford King (IA) continue to threaten our communities all The Acting CHAIRMAN. A recorded Capito Fortenberry King (NY) vote has been demanded. Capps Fossella Kingston across America. Time after time, we hear hor- Cardin Foxx Kirk ror stories of murderers attacking innocent A recorded vote was ordered. Cardoza Franks (AZ) Kline people because they happen to be members The vote was taken by electronic de- Carnahan Frelinghuysen Knollenberg of a certain community. vice, and there were—ayes 106, noes 316, Carter Gallegly Kolbe Castle Garrett (NJ) Kuhl (NY) Remember, hate crimes are especially odi- not voting 11, as follows: Chabot Gerlach LaHood ous because they victimize more than just the [Roll No. 468] Chandler Gibbons Langevin individual victim; they also are acts of ter- AYES—106 Chocola Gillmor Larson (CT) Coble Gingrey Latham rorism directed against an entire class of citi- Abercrombie Baird Becerra Cole (OK) Gohmert Leach zens. When a hate crime is committed, it Ackerman Baldwin Berman

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20229 Lewis (CA) Oxley Sherwood A recorded vote was ordered. Bradley (NH) Hastings (WA) Paul Lewis (KY) Pallone Shimkus Brady (TX) Hayes Pearce Linder Pascrell Shuster The Acting CHAIRMAN. This will be Brown (SC) Hayworth Pence Lipinski Pearce Simmons a 5-minute vote. Brown-Waite, Hefley Peterson (PA) LoBiondo Pence Simpson The vote was taken by electronic de- Ginny Hensarling Petri Lofgren, Zoe Peterson (MN) Skelton Burgess Herger Pickering Lowey Peterson (PA) Slaughter vice, and there were—ayes 223, noes 199, Burton (IN) Hobson Pitts Lucas Petri Smith (NJ) not voting 11, as follows: Buyer Hostettler Poe Lynch Pickering Calvert Hulshof Pombo Smith (TX) [Roll No. 469] Mack Pitts Sodrel Camp Hunter Porter Manzullo Platts Souder AYES—223 Cannon Hyde Price (GA) Marchant Poe Cantor Inglis (SC) Pryce (OH) Spratt Abercrombie Green, Al Neal (MA) Marshall Pombo Stearns Capito Issa Putnam Matheson Pomeroy Ackerman Green, Gene Oberstar Carter Istook Radanovich Strickland Allen Grijalva Obey McCarthy Porter Sullivan Chabot Jenkins Ramstad McCaul (TX) Price (GA) Andrews Gutierrez Olver Chocola Jindal Regula Sweeney McCollum (MN) Pryce (OH) Baca Hastings (FL) Ortiz Coble Johnson (IL) Rehberg Tancredo McCotter Putnam Baird Herseth Owens Cole (OK) Johnson, Sam Renzi Tanner McCrery Radanovich Baldwin Higgins Pallone Conaway Jones (NC) Reynolds Tauscher McHenry Ramstad Barrow Hinchey Pascrell Crenshaw Keller Rogers (AL) Taylor (MS) McHugh Regula Bass Hinojosa Pastor Cubin Kennedy (MN) Rogers (KY) McIntyre Rehberg Taylor (NC) Bean Holden Pelosi Culberson King (IA) Rogers (MI) McKeon Reichert Terry Becerra Holt Peterson (MN) Cunningham King (NY) Rohrabacher McMorris Renzi Thomas Berkley Honda Platts Davis (KY) Kingston Ryan (WI) McNulty Reyes Thompson (CA) Berman Hooley Pomeroy Davis (TN) Kline Ryun (KS) Meek (FL) Reynolds Thompson (MS) Biggert Hoyer Price (NC) Davis, Jo Ann Knollenberg Schmidt Menendez Rogers (AL) Thornberry Bishop (GA) Inslee Rahall Davis, Tom Kuhl (NY) Sensenbrenner Mica Rogers (KY) Tiahrt Bishop (NY) Israel Rangel Deal (GA) Latham Sessions Michaud Rogers (MI) Tiberi Blumenauer Jackson (IL) Reichert DeLay LaTourette Shadegg Miller (FL) Rohrabacher Turner Boehlert Jackson-Lee Reyes Doolittle Lewis (CA) Shaw Miller (MI) Ros-Lehtinen Udall (CO) Bono (TX) Ros-Lehtinen Drake Lewis (KY) Sherwood Miller (NC) Ross Upton Boswell Jefferson Ross Dreier Linder Shuster Miller, Gary Rothman Van Hollen Boucher Johnson (CT) Rothman Duncan Lucas Simpson Moore (KS) Ruppersberger Visclosky Boyd Johnson, E. B. Roybal-Allard Ehlers Lungren, Daniel Smith (NJ) Moran (KS) Ryan (OH) Walden (OR) Brady (PA) Jones (OH) Ruppersberger Emerson E. Smith (TX) Murphy Ryan (WI) Wamp Brown (OH) Kanjorski Rush English (PA) Mack Sodrel Murtha Ryun (KS) Weldon (FL) Brown, Corrine Kaptur Ryan (OH) Everett Manzullo Souder Musgrave Salazar Weldon (PA) Butterfield Kelly Sabo Feeney Marchant Stearns Myrick Sanchez, Loretta Weller Capps Kennedy (RI) Salazar Ferguson McCaul (TX) Sullivan Neugebauer Saxton Westmoreland Capuano Kildee Sa´ nchez, Linda Flake McCrery Sweeney Ney Schiff Wexler Cardin Kilpatrick (MI) T. Forbes McHenry Tancredo Northup Schmidt Whitfield Cardoza Kind Sanchez, Loretta Fortenberry McHugh Tanner Norwood Schwartz (PA) Wicker Carnahan Kirk Sanders Fossella McKeon Taylor (MS) Carson Kolbe Nunes Scott (GA) Wilson (NM) Saxton Foxx McMorris Taylor (NC) Case Kucinich Nussle Sensenbrenner Wilson (SC) Schakowsky Franks (AZ) Mica Terry Castle LaHood Obey Sessions Wolf Schiff Frelinghuysen Miller (FL) Thomas Chandler Langevin Ortiz Shadegg Wu Schwartz (PA) Gallegly Miller (MI) Thornberry Clay Lantos Osborne Shaw Young (AK) Schwarz (MI) Garrett (NJ) Miller, Gary Tiahrt Cleaver Larsen (WA) Otter Shays Young (FL) Scott (GA) Gibbons Moran (KS) Tiberi Conyers Larson (CT) Scott (VA) Gillmor Murphy Turner NOT VOTING—11 Cooper Leach Serrano Gingrey Musgrave Upton Costa Lee Barton (TX) Harman Royce Shays Gohmert Myrick Wamp Costello Levin Beauprez Hoekstra Walsh Sherman Goode Neugebauer Weldon (FL) Cramer Lewis (GA) Clyburn Melancon Weiner Shimkus Goodlatte Ney Westmoreland Crowley Lipinski Gilchrest Payne Simmons Granger Northup Whitfield Cuellar LoBiondo Graves Norwood Wicker b 1510 Cummings Lofgren, Zoe Skelton Slaughter Green (WI) Nunes Wilson (NM) Davis (AL) Lowey Gutknecht Nussle Wilson (SC) Ms. ZOE LOFGREN of California, Davis (CA) Lynch Smith (WA) Snyder Hall Osborne Wolf Mrs. CUBIN, Messrs. BOYD, GREEN of Davis (FL) Maloney Harris Otter Young (AK) Davis (IL) Markey Solis Wisconsin, NUSSLE, WICKER, WIL- Spratt Hart Oxley Young (FL) SON of South Carolina, DAVIS of Flor- DeFazio Marshall DeGette Matheson Stark NOT VOTING—11 ida, RENZI, KINGSTON, EMANUEL, Delahunt Matsui Strickland Barton (TX) Harman Royce BACA, BARTLETT of Maryland, LAR- DeLauro McCarthy Stupak Beauprez Hoekstra Walsh Dent McCollum (MN) Tauscher SON of Connecticut, HOBSON, COO- Clyburn Melancon Diaz-Balart, L. McCotter Thompson (CA) Weiner PER, and Ms. ESHOO changed their Gilchrest Payne Diaz-Balart, M. McDermott Thompson (MS) vote from ‘‘aye’’ to ‘‘no.’’ Tierney Dicks McGovern ANNOUNCEMENT BY THE ACTING CHAIRMAN Messrs. BROWN of Ohio, SMITH of Dingell McIntyre Towns Washington, and MCDERMOTT Doggett McKinney Udall (CO) The Acting CHAIRMAN (Mr. changed their vote from ‘‘no’’ to ‘‘aye.’’ Doyle McNulty Udall (NM) SWEENEY) (during the vote). Members Edwards Meehan Van Hollen are advised 2 minutes remain in this So the amendment was rejected. Emanuel Meek (FL) Vela´ zquez The result of the vote was announced Engel Meeks (NY) Visclosky vote. as above recorded. Eshoo Menendez Walden (OR) Wasserman AMENDMENT NO. 25 OFFERED BY MR. CONYERS Etheridge Michaud Evans Millender- Schultz b 1520 The Acting CHAIRMAN (Mr. Farr McDonald Waters Mr. NUSSLE changed his vote from SWEENEY). The pending business is the Watson Fattah Miller (NC) ‘‘aye’’ to ‘‘no.’’ demand for a recorded vote on the Filner Miller, George Watt amendment offered by the gentleman Fitzpatrick (PA) Mollohan Waxman So the amendment was agreed to. Foley Moore (KS) Weldon (PA) The result of the vote was announced from Michigan (Mr. CONYERS) on which Ford Moore (WI) Weller further proceedings were postponed and Frank (MA) Moran (VA) Wexler as above recorded. on which the noes prevailed by voice Gerlach Murtha Woolsey The Acting CHAIRMAN. The ques- vote. Gonzalez Nadler Wu tion is on the committee amendment Gordon Napolitano Wynn The Clerk will redesignate the in the nature of a substitute, as amend- amendment. NOES—199 ed. The Clerk redesignated the amend- Aderholt Bartlett (MD) Boehner The committee amendment in the ment. Akin Berry Bonilla nature of a substitute, as amended, was Alexander Bilirakis Bonner RECORDED VOTE agreed to. Bachus Bishop (UT) Boozman The Acting CHAIRMAN. A recorded Baker Blackburn Boren The Acting CHAIRMAN. Under the vote has been demanded. Barrett (SC) Blunt Boustany rule, the Committee rises.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20230 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Accordingly, the Committee rose; Fortenberry Lipinski Reichert Kucinich Price (GA) Vela´ zquez Fossella LoBiondo Renzi Lee Rahall Wamp and the Speaker pro tempore (Mr. GUT- Foxx Lofgren, Zoe Reyes Lewis (GA) Ryun (KS) Waters KNECHT) having assumed the chair, Mr. Frank (MA) Lowey Reynolds McDermott Sabo Watson SWEENEY, Acting Chairman of the Com- Franks (AZ) Lucas Rogers (AL) McKinney Schakowsky Watt mittee of the Whole House on the State Frelinghuysen Lungren, Daniel Rogers (KY) Miller (FL) Scott (VA) Waxman Mollohan Shadegg of the Union, reported that that Com- Gallegly E. Rogers (MI) Weldon (FL) Garrett (NJ) Lynch Rohrabacher Moran (KS) Souder Westmoreland Norwood Stark mittee, having had under consideration Gerlach Mack Ros-Lehtinen Woolsey the bill (H.R. 3132) to make improve- Gibbons Maloney Ross Oberstar Tancredo ments to the national sex offender reg- Gillmor Manzullo Rothman Paul Thornberry Gonzalez Marchant istration program, and for other pur- Roybal-Allard NOT VOTING—10 Goode Markey Ruppersberger poses, pursuant to House Resolution Goodlatte Marshall Rush Barton (TX) Gilchrest Walsh 436, he reported the bill back to the Gordon Matheson Ryan (OH) Beauprez Melancon Weiner House with an amendment adopted by Granger Matsui Ryan (WI) Camp Payne Graves McCarthy Salazar Clyburn Royce the Committee of the Whole. Green (WI) McCaul (TX) Sa´ nchez, Linda The SPEAKER pro tempore. Under Green, Al McCollum (MN) T. b 1541 the rule, the previous question is or- Green, Gene McCotter Sanchez, Loretta Messrs. FLAKE, WAMP, and DUN- dered. Grijalva McCrery Sanders Gutierrez McGovern Saxton CAN changed their vote from ‘‘yea’’ to Is a separate vote demanded on any Gutknecht McHenry Schiff ‘‘nay.’’ amendment to the committee amend- Hall McHugh Schmidt Mr. BURTON of Indiana and Mr. ment in the nature of a substitute Harman McIntyre Schwartz (PA) MANZULLO changed their vote from adopted by the Committee of the Harris McKeon Schwarz (MI) Hart McMorris Scott (GA) ‘‘nay’’ to ‘‘yea.’’ Whole? If not, the question is on the Hastings (FL) McNulty Sensenbrenner So the bill was passed. amendment. Hastings (WA) Meehan Serrano The result of the vote was announced The amendment was agreed to. Hayes Meek (FL) Sessions Hayworth Meeks (NY) Shaw as above recorded. The SPEAKER pro tempore. The Hensarling Menendez Shays A motion to reconsider was laid on question is on the engrossment and Herger Mica Sherman the table. third reading of the bill. Herseth Michaud Sherwood Stated for: The bill was ordered to be engrossed Higgins Millender- Shimkus Hinojosa McDonald Shuster Mr. GILCHREST. Mr. Speaker, I was un- and read a third time, and was read the Hobson Miller (MI) Simmons avoidably detained for the vote on passage of third time. Hoekstra Miller (NC) Simpson H.R. 3132, the Children’s Safety Act of 2005. The SPEAKER pro tempore. The Holden Miller, Gary Skelton Hooley Miller, George If I had been present for this vote, I would question is on the passage of the bill. Slaughter Hostettler Moore (KS) Smith (NJ) have voted ‘‘yea.’’ The question was taken; and the Hoyer Moore (WI) Smith (TX) f Speaker pro tempore announced that Hulshof Moran (VA) Smith (WA) Hyde Murphy Snyder the ayes appeared to have it. Inglis (SC) Murtha AUTHORIZING THE CLERK TO Sodrel Mr. SENSENBRENNER. Mr. Speak- Inslee Musgrave Solis MAKE CORRECTIONS IN EN- Israel Myrick er, on that I demand the yeas and nays. Spratt GROSSMENT OF H.R. 3132, CHIL- Issa Nadler The yeas and nays were ordered. Stearns Istook Napolitano DREN’S SAFETY ACT OF 2005 Strickland The vote was taken by electronic de- Jackson (IL) Neal (MA) Stupak Mr. SENSENBRENNER. Mr. Speak- Jackson-Lee Neugebauer vice, and there were—yeas 371, nays 52, Sullivan (TX) Ney er, I ask unanimous consent that in the not voting 10, as follows: Sweeney Jefferson Northup engrossment of the bill, H.R. 3132, the Tanner [Roll No. 470] Jenkins Nunes Tauscher Clerk be authorized to correct section YEAS—371 Jindal Nussle numbers, cross-references, punctuation Johnson (CT) Obey Taylor (MS) Abercrombie Brown (SC) Davis (CA) Johnson (IL) Olver Taylor (NC) and indentation, and to make other Ackerman Brown, Corrine Davis (FL) Johnson, E. B. Ortiz Terry technical and conforming changes nec- Aderholt Brown-Waite, Davis (KY) Thomas Kanjorski Osborne essary to reflect the actions of the Alexander Ginny Davis (TN) Kaptur Otter Thompson (CA) Allen Burgess Davis, Jo Ann Keller Owens Thompson (MS) House. Andrews Burton (IN) Davis, Tom Kelly Oxley Tiahrt The SPEAKER pro tempore (Mr. Baca Butterfield DeFazio Tiberi Kennedy (MN) Pallone GUTKNECHT). Is there objection to the Bachus Calvert DeGette Tierney Kennedy (RI) Pascrell request of the gentleman from Wis- Baird Cannon Delahunt Kildee Pastor Towns Baker Cantor DeLauro Kilpatrick (MI) Pearce Turner consin? Baldwin Capito DeLay Kind Pelosi Udall (CO) There was no objection. Barrow Capps Dent King (IA) Pence Udall (NM) Bartlett (MD) Capuano Diaz-Balart, L. King (NY) Peterson (MN) Upton f Bass Cardin Diaz-Balart, M. Kirk Peterson (PA) Van Hollen Bean Cardoza Dicks Kline Petri Visclosky PUT OUR FEDERAL POLICIES IN Becerra Carnahan Dingell Knollenberg Pickering Walden (OR) ORDER Berkley Carson Doggett Kolbe Pitts Wasserman Berman Carter Doolittle Kuhl (NY) Platts Schultz (Mr. BLUMENAUER asked and was Berry Case Doyle LaHood Poe Weldon (PA) given permission to address the House Biggert Castle Drake Langevin Pombo Weller for 1 minute.) Bilirakis Chabot Dreier Lantos Pomeroy Wexler Bishop (GA) Chandler Edwards Larsen (WA) Porter Whitfield Mr. BLUMENAUER. Mr. Speaker, for Bishop (NY) Chocola Ehlers Larson (CT) Price (NC) Wicker several years I have come to the floor Bishop (UT) Clay Emanuel Latham Pryce (OH) Wilson (NM) Blackburn Cleaver Emerson of the House using the perilous situa- LaTourette Putnam Wilson (SC) tion that faced New Orleans as a ral- Blumenauer Coble Engel Leach Radanovich Wolf Boehlert Cole (OK) English (PA) Levin Ramstad Wu lying cry for us to get our policies Boehner Conyers Eshoo Lewis (CA) Rangel Wynn right dealing with water resources, Bonner Cooper Etheridge Lewis (KY) Regula Young (AK) floods, and disaster mitigation. Bono Costa Evans Linder Rehberg Young (FL) Boozman Costello Everett We now have a wide variety of plans Boren Cramer Farr NAYS—52 and proposals that are flying about, Boswell Crenshaw Fattah Boucher Crowley Feeney Akin Deal (GA) Holt which is encouraging. But it is impor- Boustany Cubin Ferguson Barrett (SC) Duncan Honda tant that we do it right, that any plan Boyd Cuellar Filner Blunt Flake Hunter that we undertake is comprehensive Bradley (NH) Culberson Fitzpatrick (PA) Bonilla Gingrey Johnson, Sam and harnesses the forces of nature to Brady (PA) Cummings Foley Buyer Gohmert Jones (NC) Brady (TX) Cunningham Forbes Conaway Hefley Jones (OH) solve problems rather than create Brown (OH) Davis (AL) Ford Davis (IL) Hinchey Kingston them.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20231 It is important that we start now they get arrested, then there will be have organized this hearing tomorrow, with the vast sums of Federal money people in this body that say, you know to give voice to a widely held convic- that is flowing into the gulf region, and what, maybe I should have voted tion, to spark a national debate, to it is critical that we involve the local against that amendment. demonstrate that many of us do not people in shaping their own destiny. f want to just speak out against the war. Last but not least, we must imple- We want to discuss pragmatic, nuts- SPECIAL ORDERS ment long overdue reform to the way and-bolts solutions, in fact, a road map the Corps of Engineers operates, and The SPEAKER pro tempore (Mr. to our very disengagement. even more important, how Congress GUTKNECHT). Under the Speaker’s an- That discussion should eventually go treats the Corps of Engineers. This will nounced policy of January 4, 2005, and beyond Iraq to include a complete reas- go a long way towards not just helping under a previous order of the House, sessment of our national security pri- New Orleans and the Katrina damaged the following Members will be recog- orities. It is time to end the reflexive area; but it will make all our families nized for 5 minutes each. impulse of using military force to solve safer, healthier, and more economi- f our international conflict. It has, by cally secure. SMART SECURITY the way, the appearance of strength, f but, as Iraq has shown us, it often un- The SPEAKER pro tempore. Under a dermines our national security, rather RANJAN MANORANJAN previous order of the House, the gentle- than enhancing it. (Mr. BROWN of Ohio asked and was woman from California (Ms. WOOLSEY) I have proposed a new approach. It is given permission to address the House is recognized for 5 minutes. called SMART Security. It stands for for 1 minute.) Ms. WOOLSEY. Mr. Speaker, a friend Sensible, Multi-lateral American Re- Mr. BROWN of Ohio. Mr. Speaker, I of mine has sent me a short and mov- sponse to Terrorism. SMART is based rise today to recognize a distinguished ing poem; and I want to share it to- on the belief that war should be an ab- Ohioan, Ranjan Manoranjan. A native night. solute last resort, to be undertaken of Sri Lanka, Mr. Manoranjan is a tire- She writes, ‘‘I weep for my country. only under the most extreme cir- less advocate of humanitarian efforts We seem to have completely lost our cumstances. But that does not mean here in his adopted country and way. I want the government to be as SMART is not serious and smart about throughout the world. generous as private people are. I want protecting America. It is vigilant In July, Mr. Manoranjan was award- my government to do as well as about fighting terrorism and weapons ed the Ellis Island Medal of Honor, WalMart is doing. I weep for my coun- of mass destruction, but it does so with which honors American citizens who try. I want black faces to count as stronger multi-lateral alliance, im- through struggle and sacrifice help much as mine. I need hope, not statis- proved intelligence capabilities, vig- build our Nation while preserving their tics, platitudes and phony, staged play- orous inspection regimes, and aggres- own cultural identity. acting. I weep for my country. We need sive diplomacy. Past Ellis Island recipients include a Marshall Plan. We need a New Deal. SMART would shuffle our national Bill Clinton, Rosa Parks, and Colin We need leaders in Congress to start security budget. No more billions Powell. Co-founder of the International talking about conservation, pulling to- thrown at outdated Cold War weapons Relief Foundation, Mr. Manoranjan has gether, car pooling, not opening the programs. That money would instead raised millions of dollars to combat Alaskan oil fields. Oh, God, how I weep be invested in energy independence and global poverty including significant for my country.’’ other efforts that truly are relevant to support for tsunami relief. I was moved by my friend’s words, the modern security threats that we and I am committed to turning her face. b 1545 words into action. Tomorrow morning SMART also includes an ambitious Mr. Manoranjan’s commitment to so- at 10 o’clock I will be convening a hear- international development agenda to cial and economic justice is evidenced ing to discuss concrete strategies for help address the root causes of ter- in a letter I received from his business ending the war in Iraq. We will hear rorism, democracy building, education partner of 18 years. from Middle East experts, military for women and girls, addressing re- Nanda Nair wrote, ‘‘He has been an leaders, and others as they offer their sources scarcity. These are key ingre- example to me for giving back to the ideas for how we can bring our troops dients to building stable societies in community, mentoring others, and pre- home and move toward a peaceful but Iraq and elsewhere. serving ancestral ties while celebrating constructive role in the rebuilding of It is my hope and belief that the America’s tradition as the land of op- Iraqi society. grievous mistakes we made in Iraq will portunity and self-improvement.’’ This morning brought news of a dead- lead us to this new, smarter national f ly series of bombings in Iraq, killing security policy. SMART Security pro- American soldiers and Iraqi civilians, tects America by relying on the very HIDDEN HATE CRIMES BILL more than 150 people in all, making it best of American values: our capacity (Mr. GOHMERT asked and was given one of the deadliest days of this hor- for global leadership, our dedication to permission to address the House for 1 rific war. peace and freedom, and our compassion minute and to revise and extend his re- Is this what the march of freedom for the people of the world. marks.) looks like? Is this what Vice President f Mr. GOHMERT. Mr. Speaker, we just CHENEY meant when he said the insur- passed a hate crimes bill. There is no gency was in its last throes? GREAT AMERICAN RICE TRADE IN Federal nexus, not sufficient to satisfy It is more clear than ever that the TROUBLE the requirements of the Constitution, American military presence is inspir- The SPEAKER pro tempore. Under a but then again we have a Supreme ing terrorist insurgents rather than de- previous order of the House, the gen- Court that often does not recognize the feating them. Al Qaeda has taken cred- tleman from Texas (Mr. POE) is recog- Constitution as written. It rewrites it it for this wave of violence and al nized for 5 minutes. to suit its own whims. Qaeda was not even a factor in Iraq be- Mr. POE. Mr. Speaker, I rise today to As a former judge, I was a tough fore the U.S.-led occupation began. praise September as National Rice sentencer when that came about, but I The American people understand Month and honor those who grow it, am telling you, 10 years from now, this. Nearly two-thirds of them give process it, transport it, and all those when your preacher or even a Muslim the President poor marks on his han- who bring it to the dinner tables of leader says something about the Bible dling of Iraq. They are desperate to America and the rest of the world. or the Koran or something saying that hear alternatives to the administra- National Rice Month was established this sexual preference is wrong and tion’s disastrous policy. That is why I in 1991 when both Houses of Congress

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20232 CONGRESSIONAL RECORD—HOUSE September 14, 2005 agreed and the President of the United ing costs to American farmers. World went from a trade surplus to a trade States sought to increase awareness of markets are being lost to others. While deficit, since 1973 the average worker rice and recognize the contribution farmers like Ray are doing the most to has seen his or her wages go up about made by the U.S. rice industry to improve their yields, they have no- 10 percent in real dollars, while produc- America’s economy. National Rice where to sell their rice. Rice farmers tivity has increased to almost 90 per- Month celebrations will take place all do not want more government sub- cent. across America this month in grocery sidies. They want markets for the rice It used to be in this country since stores, restaurants, schools, in fes- that they sell. World War II that when productivity tivals in many rice-growing commu- The three largest foreign markets of went up that workers’ wages went up nities, including the 36th Annual Texas United States rice producers has his- roughly the same amount, that work- Rice Festival just outside my district torically been Iran, Iraq and Cuba, ers shared in the wealth that they cre- in Winnie, Texas. countries in which the United States ated for their employer. Rice is an important part of Amer- has heavily sanctioned against. Those b 1600 ican history and heritage. It has been sanctions do not hurt those countries. Those days, unfortunately, have grown in North America since 1696, They hurt American rice farmers. We when an improved variety of rice, re- passed. need to have free rice trade with these An August census report revealed portedly from Madagascar, was grown countries. The people of these nations on the Carolina coast. Early Americans that in the United States the number are going to eat and buy rice. They of uninsured Americans has increased recognized the promise of this crop should buy rice from America, because throughout the world; and by 1726 the dramatically. In the last 5 years, the that is where they want to buy their total number of Americans with em- port of Charleston, South Carolina, was rice. But in the name of politically cor- a major rice port in the United States. ployer-sponsored health coverage has rect sanctions, American rice farmers fallen by almost 4 million. Because 1.1 As America earned independence, are hurt because the government does rice was growing as one of our largest million Americans dropped into pov- not allow complete free trade with erty in 2004, almost 2 million more exports. Over the years, rice became these nations. less and less important to the Caro- Americans enrolled in Medicaid that The Cuban market and its $64 million year; and yet in the face of growing linas as crops such as cotton and to- in sales last year has been lost to more bacco were better suited for that cli- poverty, the rising number of unin- government sanction, red tape, regula- sured Americans, this administration mate. But it was not until the war be- tion and lack of common sense. Mr. tween the States, as advancing Union and Republican leadership are demand- Speaker, however, this resolution, H.R. ing that we cut $10 billion from Med- armies in the 1860s put the great rice 3058, the Transportation, Treasury ap- plantations to the torch, that farmers icaid. propriations bill, contains a very im- Just think about that again. More picked up and moved west to the rich, portant provision to keep rice sales fertile land of the Mississippi Delta and and more people need Medicaid, not thriving. So as we recover from the the lowlands off the gulf coast of Texas just because of Katrina, but because of stress of the hurricane and fuel price and Louisiana. layoffs, because of plant closings, be- Today, there are only six States that increases, it makes sense that we cause more and more employers are have land and climate suitable to would want to ship rice to generally a dropping their coverage. More people produce rice. As a $2 billion cash crop, close country such as Cuba who wants need Medicaid. More people need rice is the fifth most valuable food crop to buy it. If we get rice moving to health care because they have lost it. grown in the United States. Ninety Cuba, it would solve many problems. The congressional response is cutting percent of the rice consumed in the We need to make it easier to sell rice Medicaid by $10 billion in order to con- United States is grown here. to Iraq. We need to drop the agricul- tinue to give even more tax cuts to the The people of the United States con- tural sanctions to that nation. wealthiest 1 percent of people in this sume approximately 18 pounds of rice As we celebrate National Rice Month country. That is a choice this Congress per person per year. That amount con- and look back on its historical impor- is about to make, and it is scandalous. tinues to increase. tance to America, we must ensure our Household incomes fell for the fourth Until recently, the combined acreage government gives our rice producers year in a row in 2004, something we had of rice farms in the State of Texas was the opportunity to keep the tradition not seen in this country perhaps ever, over the size of the State of Rhode Is- long and strong and end those stupid at least since the Depression. land. sanctions. We need to keep the great The reality is that every segment of Rice is vital to agriculture producers American rice farmer like Mr. Ray American society, except for the very through exports, too, as the United Stoesser on his combine harvesting wealthy, has seen its income decline States is one of only two or three rice in Southeast Texas. under this administration. Men work- major players in the world rice market. f ing full-time have seen their earnings We export rice to more than 120 coun- drop below what they earned 6 years FORGOTTEN POOR tries and supply 14 percent of all the ago. Women working full-time have rice in the world trade. It is one of the The SPEAKER pro tempore. Under a seen their annual incomes decrease world’s most important foods. It is a previous order of the House, the gen- also. America’s men and women work- primary staple for more than half the tleman from Ohio (Mr. BROWN) is rec- ing full-time are the reason our Na- world’s population. ognized for 5 minutes. tion’s productivity is up; and yet they The U.S. rice industry has a long, Mr. BROWN of Ohio. Mr. Speaker, for are earning less every year. successful past. However, Mr. Speaker, too long we have borne witness to re- The number of people living in pov- its future is much in jeopardy. These lentless attacks on America’s poor and erty increased in 2004 by 1.1 million are tense and troubling times. The working families. Abandoned by cor- people. Eight million children are un- American rice farmer is becoming an porate America, betrayed by the polit- insured. Thirteen million children live endangered species. ical right, largely ignored by the main- in poverty. The infant mortality rate is Ray Stoesser, a constituent and stream media, our Nation’s poor have rising in the U.S. The infant mortality friend of mine down in Liberty County, become little more than an after- rate in Washington, D.C., is double Texas, is struggling like many other thought, most recently evidenced by that of the infant mortality rate in rice farmers. Ray, like most farmers, what we as a Nation saw in New Orle- Beijing. This is the first year infant simply wants a market to sell their ans after Hurricane Katrina. mortality has increased in this country product. They want a sanction-free While productivity and profit in since 1958. world. America are up, wages are falling, and A U.N. report on global equality American political policies keep poverty is increasing. Since 1973, not sheds light on the shadows of this ad- prices of rice depressed while increas- coincidentally the year this country ministration’s policies. This report

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20233 said there are parts of the United have been intensely competitive, the gleaming hardware for yet another States that are as poor as the Third game has had a more noble purpose, year. World. One nation cannot survive as a and that is to raise money for kids in I thank the Chair for allowing me thriving democracy, certainly our Na- the inner city of Washington, D.C. this time. tion cannot, under policies that rely on Last night, through the generosity of f a lot of people, we raised $50,000 from trickle-down economic theories. EXCHANGE OF SPECIAL ORDER just last night’s event, bringing the The aftermath of Katrina, when gov- TIME ernment should be at its most running total of these several contests proactive to ensure the return of a to over $200,000. Again, there were a lot Mr. DEFAZIO. Mr. Speaker, I ask thriving economy, this administration of people that deserve a lot of credit for unanimous consent to take the gen- is working actively to lower wages in helping make that event a success. tleman from Illinois’ (Mr. EMANUEL) that region. An executive order handed Certainly our former colleague, Jack time. The SPEAKER pro tempore. Is there down by President Bush will allow Quinn of New York, who, of course, objection to the request of the gen- companies that win Federal contracts, now has gone over to the lobbyists tleman from Oregon? side. When Jack Quinn was a colleague companies that are the President’s There was no objection. contributors, Halliburton, which is here and was our coach, he had an f still paying Vice President CHENEY re- undefeated record. Unfortunately, his tirement benefits of $3,000 a week, com- former colleagues last night marred HONORING THE OREGON panies like that, while those companies that record and gave him a defeat; but, NATIONAL GUARD are rebuilding, the President’s execu- again, I appreciate all the work that The SPEAKER pro tempore. Under a tive order allows them to pay lower Jack did, that Paul Miller did. previous order of the House, the gen- prevailing wages indefinitely. George Washington University was tleman from Oregon (Mr. DEFAZIO) is The community hit hardest by very gracious in hosting the event yet recognized for 5 minutes. Katrina is the working poor. These again. Mr. DEFAZIO. Mr. Speaker, I rise men and women will literally do the I would also like to talk about some- this evening to thank the Oregon Na- heavy lifting in rebuilding the region. one who donated his time, that is, Mis- tional Guard. There is a lot of discus- Yet the President is saying cut their souri men’s basketball coach Quin Sny- sion here about the things that went wages. Cheating workers out of fair der, who is a personal friend who ac- wrong with the response to the Hurri- wages robs them of the ability to take cepted my invitation to come, who cane Katrina disaster; but yesterday, I ownership in their own community. came at his own expense, at his own ef- had the experience of accompanying One must ask why the President could fort, to prowl the sidelines to give the adjutant general, Major General depress wages for a community in cri- some guidance for us. The game got a Fred Rees of the Oregon National sis. It makes no sense. little close in the waning moments, Guard, to New Orleans to see the guard Mr. Speaker, these issues represent a and it was his presence on the side- units there in action. divide in government policy, a betrayal lines, maybe working the officials just We have one of the largest, if not the of values that I thought Americans a little bit, but I really appreciate my largest, contingents in New Orleans. hold dear, that most of us do. These friend Quin coming here to Wash- They have one of the most difficult issues represent a moral obligation in ington, D.C. again for this purpose, his sectors, a large portion of the city, par- the fight for dignity of every Amer- executive assistant Donna, as well as ticularly the portion of the city that is ican. my own executive assistant Eileen, still submerged; and I had an oppor- tunity there to meet with the troops. f who helped work on the logistics. Finally, this was a bipartisan, bi- They are basically living in battlefield ORDER OF BUSINESS cameral team. When you think that, on conditions, eating meals ready to eat, Mr. HULSHOF. Mr. Speaker, I ask paper at least, the universe of lobbyists sleeping in an abandoned school and a unanimous consent to claim my time is about 10,000, and of course, House university that is vacant at the mo- for my Special Order at this time. Members and Senators, there are only ment, and they are doing extraordinary The SPEAKER pro tempore. Is there 535 of us from which to draw this team, work. One of the first people I met from the objection to the request of the gen- we really on paper should not even be city when we made our first stop was a tleman from Missouri? on the same court with these lobbyists; woman who was still in her house. I and, nonetheless, thanks to Senators There was no objection. went to ask her why she was still in ENSIGN and THUNE, thanks to my col- f her house, because they have been try- leagues here in the House, the gen- SEVENTH ANNUAL HOOPS FOR ing to encourage people to evacuate. tleman from Illinois (Mr. SHIMKUS), the HOPE BASKETBALL GAME RESULT She said, well, I feel safe. I said, well, gentleman from Kansas (Mr. TIAHRT), I can understand that. She said, no, The SPEAKER pro tempore. Under a the gentleman from Arizona (Mr. thank God for the National Guard; I previous order of the House, the gen- FLAKE), the gentleman from Ohio (Mr. feel safe. She says, you do not under- tleman from Missouri (Mr. HULSHOF) is OXLEY), the gentleman from Wash- stand. She was telling me that she felt recognized for 5 minutes. ington (Mr. LARSEN), the gentleman safe in her neighborhood for the first Mr. HULSHOF. Mr. Speaker, I rise from Washington (Mr. INSLEE), and the time in years, an incredibly high crime and have the privilege perhaps on a gentleman from Wisconsin (Mr. KIND), neighborhood, because of the Oregon lighter note to report the outcome of we happened to have a winning margin National Guard presence. the seventh annual Hoops For Hope in the double digits. The final score Then we went on from there to the basketball game between Washington, was 44 to 33; and yet the real winners flooded areas where, in the preliminary D.C.’s elite lobbyists and Members of are the kids from the inner city D.C. stages, they are still rescuing people. Congress. Perhaps the broad smile on area who are the beneficiaries of the The day we were there they rescued my face or the gleaming hardware to proceeds that we raised. people; 570 people rescued so far by the my left might provide some clues as to We had a chance at half-time to per- Oregon National Guard. the outcome of last night’s contest. sonally interact with dozens of these They have begun in their own small Seven years ago, Paul Miller of the kids. Again, this is a community effort way to contribute to the restoration ef- American League of Lobbyists hit upon to provide a solution for some kids fort of the school, the high school that the idea that perhaps lobbyists and growing up in some really tough cir- they are living in which was pretty Members of Congress could move away cumstances. So they are the real win- trashed and this other university cam- from the political arena and actually ners of last night’s contest; but even as pus that they are on, beginning clean- have a contest on the court. While I they are the beneficiaries of those pro- up; but their efforts are just extraor- will report to my colleagues the games ceeds, we will proudly hang on to this dinary.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20234 CONGRESSIONAL RECORD—HOUSE September 14, 2005 The thing about the National Guard this effort? Are they not part of this POVERTY is they do not just bring the military country, or do they just live behind The SPEAKER pro tempore. Under a precision to these sorts of efforts. I walled compounds with their private previous order of the House, the gentle- mean, they have got the discipline, the security and their private jets? woman from the Virgin Islands (Mrs. training, the logistic support, the unit We are all in this together, as was CHRISTENSEN) is recognized for 5 min- cohesion, those sorts of things; but demonstrated by my citizen soldiers utes. they have something else special. They who are not paid a whole heck of a lot Mrs. CHRISTENSEN. Mr. Speaker, I are citizen soldiers, and they have of money to do this. So let us do this want to begin by thanking and ap- other skills, and those other skills are right. Let us recognize the National plauding our colleague, Congress- needed more than ever in a disaster, Guard and others who volunteered and woman BARBARA LEE, who will lead the more than regular Army troops. have done so well. So far let us support next hour for the concurrent resolution They can certainly restore order. We their effort, and let us enter into this she has introduced and which I co- have quite a number of police officers rebuilding effort in a wise and cost-effi- sponsor which everyone ought to sup- who have been heavily relied upon by cient way, protecting both the tax- port which affirms the obligation and other troops and other units of Guards payers and the people who have been leadership of the United States to im- not from Oregon in dealing with the ravaged by this storm. prove the lives of the 37 million Ameri- residents and some of the problems f cans living in poverty, 13 million of still in the neighborhoods that they are POVERTY which are children. assisting. The entire country and indeed the The SPEAKER pro tempore. Under a We have firefighters. We have people world got but a glimpse of the big pic- previous order of the House, the gentle- with expertise in heavy equipment. ture as we watched in horror as the woman from Texas (Ms. EDDIE BERNICE They found and repaired an abandoned floods washed away the facade and ex- bulldozer to begin clearing streets for JOHNSON) is recognized for 5 minutes. Ms. EDDIE BERNICE JOHNSON of posed the poverty that exists in this access around one of the headquarters. Texas. Mr. Speaker, I am pleased that the richest and most powerful Nation We have electricians who are trying to the Congressional Black Caucus has de- in the world. The added tragedy was wire the school so that they can use cided to discuss poverty. the insensitivity and lack of urgency the generators, at least have some ba- I am a cosponsor of H. Con. Res. 234 with which Katrina’s victims were sics for the troops. and would like to see the President treated. This is the National Guard at their present a plan to eradicate poverty by The moral question we are faced with finest. Many of these troops have just 2010. today and which every person in this recently returned from Iraq. They have Hurricane Katrina devastated the country must answer is, what are we not even been home 6 months, and lives of people who were already living going to do about it? As leaders of this many are signed up to go to Afghani- well under the poverty level. I have Nation, we have the obligation to begin stan next March; but I did not hear a concerns with the slow response and that answer now. single complaint. They said, this is a weak leadership of the Federal and My colleagues and I tonight will be great mission. We are saving people’s State agencies. I have concerns that joining Congresswoman LEE to lead us lives. We can see we are making a dif- many of the affected States have Med- in that response. ference here. We are proud to serve. icaid-eligibility criteria that are too What everyone else saw perhaps for I am proud as an Oregonian to rep- harsh. I have concerns about our over- the first time was not a surprise to us. resent many of these individuals. The crowded and underfunded safety net We have come to this body, to task Guard is a tremendous success story in hospitals. forces and committee meetings, here to a disaster which has too many other I have concerns that since our cur- the well of the House and to countless problems, things that must be inves- rent President took office there are 5.4 press conferences to tell the world that tigated by Congress in terms of the million more people in poverty, 6 mil- this level of poverty exists, that it dis- Federal Emergency Management Agen- lion more without health insurance, proportionately includes African cy, returning it to being an inde- and the median income is down more Americans and other people of color. pendent, professionally run, high-func- than $1,600 a year. And we have called on the Congress tioning agency. Many of us objected to and the White House through our budg- putting it in Homeland Security. We b 1615 et proposals and legislative agenda to were all too right, unfortunately. As relates to these statistics, the repair the breach in our human condi- We must oversee the relief and recov- most affected State is the home State tion, largely to no avail. ery effort. The government is bor- of the President, Texas. What we saw While the events of the last 2 weeks rowing and spending $500 million a day. on television during the hurricane was have spoken volumes in ways our That must be strictly overseen to the face of poverty. People with re- words could not, we must not let what make sure there is not crisis profit- sources left early. Only ones with the happened in Alabama, Mississippi, and eering that has happened after some least resources had to depend on their even more so in Louisiana ever happen other disasters and other hurricanes. government for a safety net. The safety again. So as we appropriate dollars to Congress has a role in that, and Con- net had holes that need repair. Denying fix the levees and other infrastructure gress then is going to have to look at minimum wage to help with the clean- that has been damaged or destroyed, the rebuilding effort in terms of the in- up and the Halliburton Company in we must also fix the social and eco- frastructure that serves that area, the charge, opportunities are dismal. Only nomic infrastructure which failed so intricate infrastructure, the Corps of the President can correct this. many and exacerbated the tragedy, and Engineers and what steps we are tak- We still are being asked, was it rac- we must repair broken lives for the ing for the future, where we will re- ism? My response to the question: It is short and long term. That includes re- build, and how we will protect those the face of poverty U.S.A. Was it rac- pairing a very deficient and dysfunc- things. ism? You answer the question. If it tional health care delivery system in It will be massively expensive; and in was, it did not start with Katrina. We rural areas, the territories, and com- the face of that massive expense, in ad- need measures to eradicate poverty. munities of color. dition to a deficit, I hope that the Mr. President, let us not continue the Almost as a last warning before the President and the majority party drop trends of the rich getting richer and storm hit and the flood waters surged their push for more tax cuts for the the poor getting poorer. As we move came the new numbers from the Census wealthiest among us. Those who earn closer to a rich and poor society with Bureau on income, poverty, and health more than $300,000 a year and those the middle income disappearing, I insurance status in this country. Lou- who have estates worth more than $6 plead with all of us, and the President, isiana, Mississippi, and Alabama are million, should they not contribute to to address this problem. three of our poorest states. In these

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20235 states, about six in every ten African DOWNING STREET MEMOS House Committee on International Re- Americans are living at or below the The SPEAKER pro tempore. Under a lations, called upon the executive Federal poverty line. previous order of the House, the gen- branch of government, the White House In the wake of the storm and even be- tleman from New York (Mr. HINCHEY) and the Defense Department, to pro- fore the waters began to recede came a is recognized for 5 minutes. vide to the Congress information with second report as a reminder of how Mr. HINCHEY. Mr. Speaker, today, regard to those conversations from the deep we have to reach into America’s the occupation of Iraq continues and American perspective. All we have now psyche to repair the damage. That re- we learn that another bomb blast, in is the British perspective. And the port, Closing the Gap: Solutions to fact a series of bomb blasts in Iraq British perspective is quite damning Race Based Health Disparities, as- have resulted in the loss of more than indeed, damning of the intentions of sessed and analyzed the impact that so- 100 lives. So far, the loss of American the Bush administration and the way cial determinants, such as economic, servicemen and women’s lives is al- in which this ensuing occupation has social, environmental, and cultural in- most 2,000. We have lost almost 2,000 been carried out. equities, have on health and health American servicemen and women in The Downing Street memos make it care. These inequities provide a me- Iraq. clear that high-ranking members of the dium in which poverty not only con- The American people are asking now Bush administration were determined tinues to exist but thrives. with greater frequency a very signifi- to twist and distort the intelligence Poverty is perhaps the most closely cant question: Why did we invade Iraq and the facts to fit the policy which aligned determinate of ill health. It and why are we continuing to occupy they had already decided to put into then should follow that the elimination that country? action; and that policy, of course, was of poverty would go a long way to Today, the House Committee on to attack Iraq and to remove Saddam eliminating the long-standing health International Relations defeated a Res- Hussein as the head of that govern- care inequities that result in health olution of Inquiry, which I introduced, ment. care disparities for African Americans and that defeat came essentially along Many people across our country, in- and other people of color that are the party lines. Every Democratic member cluding an increasing number of the shame of this wealthy Nation. of the House Committee on Inter- House of Representatives, and I believe It is my hope that this country, my national Relations voted for the resolu- the Senate as well, are asking the ques- country, will never forget Katrina and tion: How could that attack be justi- recognize that what was laid bare is tion; one Republican voted for it; one Republican did not oppose it. But the fied when we now know that the osten- only a fraction of what exists, particu- sible justification, the justification larly in the South but throughout this resolution lost by one vote because all of the other Republicans on the com- which was set forth by the administra- country. tion, was completely false? As leaders, I hope my colleagues will mittee opposed it. First, that justification was that Iraq join us to ensure that the infrastruc- What this resolution asked was sim- had something to do with the attack of ture is put in place so that nowhere ply this. It asked the administration, September 11. Then the administration across the United States will such a the White House, and the Defense De- had to back off from that assertion preventable travesty ever happen partment to provide to the Congress in- when it became clear to almost every- again. formation with regard to that informa- Part of that would be to pass our leg- tion which is contained in the so-called one that there was no validity in that islation to create health empowerment Downing Street memos. assertion whatsoever. Rapidly, the ad- zones in communities such as those in The Downing Street memos are very ministration moved to an assertion which poverty and the concurrent ill interesting. They were first revealed by that it was important for us to attack health trapped their victims. This leg- the Sunday Times of London on May 1, Iraq because Iraq possessed so-called islation would assist and empower 2005. What these Downing Street weapons of mass destruction, biological them to address health care challenges memos are, are high-level communica- and chemical weapons. And the sugges- and improve the public health infra- tions between some of the most signifi- tion was even made over and over and structure as well as mitigate the so- cant members of the British Govern- over again, by the highest ranking offi- cial, environmental, and economic de- ment, including Prime Minister Tony cials of the Bush administration, that terminants of health. Blair; Richard Dearlove, who was the the Iraqi government was acquiring nu- It is part of a larger legislative ini- head of British intelligence; Jack clear weapons, that they had imported tiative for which we also ask your sup- Straw, the foreign secretary; and oth- enriched uranium from Niger into Iraq port, the Heal America Act of 2005, a ers. in order to manufacture atomic bombs, comprehensive bill, a sort of Marshall These Downing Street memos were and that we were in danger of having Plan for health that would reverse the communications between these high- those nuclear weapons used against us. dynamics that lead to the dispropor- ranking officials of the British Govern- So, therefore, they sought in that way tionate death, disease, and disability ment. They reveal the essence of con- to justify an attack against Iraq. which people of color suffer. versations which took place between It is now clear to almost everyone, Lastly, not allowing this to ever hap- members of the British Government even the most myopic of persons, that pen again includes not cutting Med- and members of the Bush administra- Iraq possessed no weapons of mass de- icaid. Not only is it needed in this cri- tion here in Washington, including struction program and was nowhere sis, which has been described as in bib- Condoleezza Rice, Vice President CHE- near the development of any nuclear lical proportions, but it is needed in NEY, Secretary of Defense Rumsfeld, weapons. the everyday crises that result in over and others. And as is made clear by the informa- 100,000 preventable premature deaths in What the Downing Street memos re- tion that is possessed in these Downing people of color every year. My col- veal is that, from the very beginning, Street memos, other countries were leagues, this, too, is the annual the Bush administration was obsessed much more dangerous, including Libya, unacknowledged catastrophe that we with Saddam Hussein and that they Iran, and North Korea, because they can and must prevent. used the attack of September 11 not to were much closer to developing nuclear Mr. Speaker, let us honor the mem- go after the perpetrators of that at- weapons than was Iraq, which had es- ory of the victims of Katrina and the tack, Osama bin Laden and the al sentially abandoned all of its large- suffering of the survivors by eradi- Qaeda network, but to twist and dis- scale weapons programs in 1991. That cating poverty, by creating a fair, equi- tort the facts in order to justify an at- information had been made clear as a table and just health care system and tack against Iraq, given the obsession result of investigations which were car- by building a better America where that they had with Saddam Hussein. ried out by the International Atomic there is the guarantee of life, liberty, So the resolution that I introduced Energy Agency and by weapons inspec- and the pursuit of happiness for all. today, and which was defeated by the tions teams, two of them in fact from

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20236 CONGRESSIONAL RECORD—HOUSE September 14, 2005 the United States. They found no evi- plosion in technology. We all know be spending tens of millions of dollars dence of any weapons of mass destruc- that worker productivity in America is rebuilding the gulf coast, at a time tion. rapidly rising; but in the midst of that, when we are spending $300 billion in So information from the administra- what we are seeing is that real wages, Iraq, our Republican friends and the tion about these Downing Street inflation accounted for wages, for mil- President of the United States want to memos is essential. Why the Com- lions and millions of workers is going repeal the estate tax and provide hun- mittee on International Relations de- down. People are working two jobs, dreds of billions of dollars more in tax feated that resolution today remains to they are working three jobs, and yet breaks for the wealthiest 2 percent who be seen, but we will be back. We will be they are further behind economically are the only people who will benefit back until we get the truth about what than they were 20 or 30 years ago. from the repeal of the estate tax and started this war in Iraq, why it was in- Mr. Speaker, in America when we half of those benefits are going to the stigated in the first place, and why it is talk about priorities, when we talk richest one-tenth of 1 percent. continuing to be carried out in such a about our kids, we have got to ask our- Yes, we can cut Medicaid by $50 bil- failing manner. selves about our educational system lion. Yes, we can underfund the Vet- f and why it is that throughout this erans Administration so the veterans country, in Vermont and virtually go on waiting lists all over America. POVERTY IN AMERICA every other State in America, our child Yes, we can have children sleeping out The SPEAKER pro tempore. Under a care situation in America is an abso- on the street. There is no money to previous order of the House, the gen- lute disaster. Every psychologist will take care of those needs, but appar- tleman from Vermont (Mr. SANDERS) is tell you that the most important years ently we have hundreds of millions to recognized for 5 minutes. of a person’s life are the first few years, give to the wealthiest 2 percent, which Mr. SANDERS. Mr. Speaker, there is and yet in America today we have kids will drive up our deficit, drive up our not a lot that I can add to what my col- being warehoused in America in facili- national debt and leave all of that to leagues have said about the tragedy of ties where there are inexperienced, un- our children. Hurricane Katrina, about the hundreds derpaid teachers and people who are I would hope that common sense will of lives that have been lost and the bil- minding the children. We have millions prevail and that the President and Re- lions of dollars in property damage of other Americans today who would publican leadership, at a time of a that has been experienced. But perhaps like to go to college, but cannot afford record-breaking national debt, record- in the midst of this horror, there might the $35,000 or $40,000 a year that it breaking deficits, will not give huge be a silver lining. And if there is a sil- costs. tax breaks for people who do not need ver lining, it might be that we begin to To my mind we are wasting huge them. Instead, let us move forward to take a hard look at some of the reali- amounts of intellectual capital by not lowering our deficit. Instead, let us pay ties of America, realities that are very making college available for all Ameri- attention to the middle class and low- rarely talked about here on the floor of cans. It is a national disgrace that for income Americans who need help. the House or in the media. the first time in recent years, fewer So once again, Mr. Speaker, if there Clearly, one of the realities that we low-income kids are going to college is any silver lining in the disaster and did observe in New Orleans is that than used to be the case. the horror of Hurricane Katrina, it there were thousands and thousands of Mr. Speaker, while the middle class might be that today we begin reevalu- people there who could not flee the is shrinking, poverty is increasing. ating our priorities. flood because they did not have money, While some 46 million Americans have f they did not have a car, and they had no health insurance, while the average TWO AMERICAS LIVE IN THE no place to go. And some of them died American today is paying the highest UNITED STATES because they are poor. prices in the world for prescription But poverty exists well beyond New drugs, there is another reality taking The SPEAKER pro tempore (Mr. Orleans. The fact of the matter is that place in America, and that is that the KUHL of New York). Under the Speak- millions of Americans today live in ab- wealthiest people in our country have er’s announced policy of January 4, ject, humiliating poverty. And, trag- never had it so good. 2005, the gentlewoman from California ically, in the last 5 years alone, since What we are seeing today in America (Ms. LEE) is recognized for 60 minutes President Bush has been in office, the is the widest gap between the rich and as the designee of the minority leader. number of poor people in America has the poor of any industrialized nation Ms. LEE. Mr. Speaker, first, let me grown by 5 million. on Earth, and it is wider in America just remind those who are listening to- today than at any time since the 1930s. night that there have always been two b 1630 Mr. Speaker, to my mind a great na- Americas here in the United States. I So not only are we not addressing the tion is measured not by the number of was quite taken aback right after the problem of poverty; it is becoming sig- billionaires it has, not by the number very recent catastrophe of Hurricane nificantly worse. And at a time when a of nuclear weapons that it has, but in Katrina that reporters and many indi- lot of my colleagues talk repeatedly fact how we treat the least amongst us, viduals kept commenting that this is about family values, some 17 percent of the elderly, the sick and the poor. By not America, we do not know this the children in America live in pov- that definition, we are not doing very place, this cannot be America. But my erty, which is by far the highest rate of well at all. response consistently has been, this is childhood poverty in the industrialized Mr. Speaker, while average Ameri- the America that I know and this is world. Some of the other industrialized cans were struggling last year just to the America that brought many of us countries have poverty rates of 3, 4 per- keep their heads above water economi- here to Congress. cent. We are over 17 percent. cally, maybe to make a few bucks more By race or class, there are two dis- So if there is a silver lining in Hurri- than inflation was taking away from tinct and separate societies surviving cane Katrina, it may be, it may be, it them, the CEOs of the Forbes largest on sheer will and determination here in might be that we refocus on the needs 500 corporations in America saw a 54 our own country. It just does not make of ordinary Americans, and we make percent increase in their compensation; sense that the richest, most powerful fundamental changes in the priorities 54 percent for the CEOs of the largest Nation in the world has some of the that have been established in this corporations, while millions of Ameri- poorest, unhealthiest, and most vulner- country in the last 5 years. cans are seeing a decline in their stand- able people in the world. In many ways, Mr. Speaker, it is not just that pov- ard of living. Hurricane Katrina has brought to light erty in America is increasing; it is that Mr. Speaker, in the midst of the dis- the shame that the United States real- the middle class in this country is aster of Hurricane Katrina, in the ly, quite frankly, has tried to sweep shrinking. We all know about the ex- midst of a period when we are going to under the rug for decades.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20237 Now, the Congressional Black Caucus sional Black Caucus, as Americans, as ratings are now lower, that in seven has represented this hidden America Members of Congress to really call to previous administrations no second- for nearly 40 years in this Congress. the attention of the American people term President has ever been in the sit- The Congressional Black Caucus has the huge impact of poverty, the dis- uation that he has. Whether that will consistently worked to eradicate pov- proportionate numbers of individuals change what we do remains to be seen. erty throughout our country. Just look who happen to be black and Latino in It may be another Rove tactic to get at the disparities agenda put forth by our country. Here we have the greatest, him to go up, but this discussion pre- the Congressional Black Caucus under most industrialized, most technically cedes what the President is going to the leadership of our great chairman, developed country in the world; and we say almost at the same time tomorrow. the gentleman from North Carolina have this unbelievable number of What he says will tell us where we are (Mr. WATT). Whether it is unemploy- American citizens who are poor. going and what they do. ment rates, whether it is health statis- Mr. Speaker, I yield to the gentleman At the same time that we are getting tics, whether it is statistics as it re- from Michigan (Mr. CONYERS), who has ready for the President’s mea culpa, let lates to decent and affordable housing, been all of his life a warrior, a fighter us remember that there has been no- the gaps are glaring. The disparities for the poor, who organized the Poor body here talking about rolling back are glaring. People’s Caucus here in Congress and the Medicaid cuts and the food stamp The disparities of poverty severely who will talk to us now with regard to cuts and other restrictions. Those are and disproportionately affect African why he has embraced this agenda as his quietly going forward at the same time Americans and people of color in our life’s mission. that we are saying we have got to do country. Let us just for a minute, and Mr. CONYERS. Mr. Speaker, I thank more. And this is not just about volun- I put this chart up here so we can look the gentlewoman from California (Ms. teer help, which we are grateful for, at the poverty rates right now in the LEE) and also thank the gentlewoman and corporate contributions. We are United States and where they were in from Florida (Ms. CORRINE BROWN), talking about the government dealing 2000, in 2000, 11.3 percent was the pov- who has been working on this issue. with this problem. erty rate, increasing every year to 2004, First of all, I want to continue the The last point is that we now have a which, of course, the Census Bureau discussion that the gentlewoman has plan in progress in which the has just put out, 12.7 percent, and it is been a leader on since she arrived in Halliburtons are now coming not only climbing. Congress. There are a few things that I from Iraq but all over to begin to take So who are the poor? Newsweek mag- want to add to this discussion because over the reconstruction efforts. From azine, and I hope everyone reads News- our members in Mississippi and Lou- we have to speak truth to this great week this week, September 19, and isiana, we find that there are no plans tragedy. what Newsweek says. Let me read a for the small businessmen to partici- The first understanding that we have paragraph from that article where it pate in the rebuilding. So this is a to arrive at is that many people in New describes who the poor are: ‘‘With major issue which requires us not just Orleans were in dire straits before the whites making up 72 percent of the to get the President straightened out. hurricane and the mishandling of the population, the United States contains We have got a budget that will take us hurricane and floods ever occurred. We more poor whites than poor blacks or into an absolute no-way-out trap if we are talking about a poverty that is so Hispanics. In fact, the Center on Budg- do not really change the terms of what devastating that many of us, including et and Policy Priorities reports that we are doing. the increase in white poverty in non- myself, come in and out of New Orleans Poverty is now being challenged. We urban areas accounts for most of the and never see what is really going on. might not be here were it not for the recent uptick in the poverty rate, but Mr. Speaker, 84 percent of the folks revelations that have been made by only a little more than 8 percent of there are African American and poor. most of the press. And for us to be un- American whites are poor.’’ That is 8 We have a tragedy that was waiting to aware that the black and the poor in percent compared with 22 percent of happen. Ever since President Lyndon this country are now the victims of one Hispanics and nearly 25 percent of all Johnson made the first efforts against of the most federally bungled cleanups African Americans, 25 percent in a a war on poverty, which was aborted in America, we have gotten rid of the country that is 12 percent black. That shortly after that, we have neglected, FEMA Director, but that is only the is the point that we need to make, that generation after generation, to address tip of the iceberg. people need to understand. this problem. Ms. CORRINE BROWN of Florida. So those naysayers who say we are b 1645 Mr. Speaker, will the gentleman yield? playing the race card, which we are Mr. CONYERS. I yield to the gentle- not, they need to look at the facts. So the second thing that I would woman from Florida. They need to look at the dispropor- make clear to everybody is that New Ms. CORRINE BROWN of Florida. tionate numbers of Americans living in Orleans is not just the only place that Mr. Speaker, would the gentleman poverty who are African American and there is such devastating poverty that please explain to me, because I quite do who are Hispanic. The facts speak for it shocks one to know what it is. When not understand it. I heard what he said themselves. we go to many other parts of this coun- about the Halliburtons of the world. We are going to talk tonight about try, there are huge places of depressed But could he explain why minorities the impact of Hurricane Katrina on areas, of deprived people, of great suf- and women, the people that are most people who are poor and who did not fering, of high unemployment, of tragic affected by this hurricane, cannot par- have the money to leave and to evac- failings, and hope is missing in a lot of ticipate in the recovery. uate, most of whom happen to be these places. Mr. CONYERS. Mr. Speaker, because black. We are going to talk about that So what we are doing is speaking not these are no-bid, multimillion dollars tonight. I hope those who are listening only about Katrina and New Orleans, contracts for which they are not even and watching understand that this but we are really talking about this eligible to bid; and then when they sub- America that many of us here under- condition of poverty that spreads contract them out, they subcontract stand and know, these two Americas across this entire country. And we are them out to other large corporations that unfortunately we have been faced now forced, with the classic tragic mis- and not to the small business people with, is one of the reasons why we fight handling of the flood, and this is the who can best contribute and bring the each and every day against the budget first time in the President’s public ca- economy back together. cuts, against the tax cuts, against put- reer that he has ever admitted that, be- Ms. CORRINE BROWN of Florida. ting unnecessary resources into an un- cause of this Federal bungling, that the Just a follow-up, Mr. Speaker. necessary war. responsibility is at his level. Now I can Can he give me the criteria, how they That is why many of us here are here suggest to the Members that one of the participate? Is it some kind of cam- tonight as members of the Congres- reasons that he is doing this is that his paign contribution? Is there some kind

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20238 CONGRESSIONAL RECORD—HOUSE September 14, 2005 of criteria? I need to be able to go ricane is their suspension of all labor And let me tell my colleagues some- somewhere and tell my small busi- rules for hurricane-related contracts. thing. People from Mississippi and nesses who want to participate how to Just like in the past, the Bush admin- Louisiana are calling me. To this day participate. Whom do they have to istration is taking every opportunity no one has been to their community. write the checks to? to destroy organized labor but has They do not have communication. Mr. CONYERS. Mr. Speaker, what I taken it to a new level by suspending They do not have water. They do not am trying to do is draw the parameters all affirmative action programs in con- have lights. What is the problem in the of where we are today. Today, we are tracting. This is a new mandate by this richest country in the world? We are not dealing with the people on the administration, and it will do abso- not a third world country. We still ground that can be of the most help. lutely nothing to ensure quick or bet- have not gotten services to these local We have business people, construction ter service for those suffering from the communities. people, who actually could be helping, hurricanes but will certainly ensure As I bring it to a close, remember to and they cannot get in the door be- that none of them are involved with re- whom God has given much, much is ex- cause they do not have the answers to building their homes and communities. pected. We cannot continue to run the gentlewoman’s questions of where The very same people whose tax dollars around the world talking about our do they go. I have been trying to call will be paying for the reconstruction fighting for democracy, fighting for our the Mayor of New Orleans, and he does will be shut out of the opportunity to neighbors, when we do not fight right not have a phone. Only cell phones, and participate in the cleanup. here at home for the people who pay everybody in America is probably call- Just like in Iraq, where we never had the taxes. We have got a lot of work to ing him on those one or two phones. any oversight, we cannot afford to see do in this Congress, and it is not just I commend the leader of this Special the repeat of this situation in the gulf passing a bill naming a post office. Order. States. And let me say again, Iraq, no ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ms. LEE. Mr. Speaker, I thank the oversight, over $1 billion, no account- The SPEAKER pro tempore (Mr. gentleman from Michigan (Mr. CON- ability. If this had been a Democratic KUHL of New York). The Chair would YERS) for his comments. administration, somebody would be in Let me just say I believe, unfortu- remind Members that personally offen- jail, and certainly the Congress would nately, that this Congress and the ad- sive references toward the President or be investigating and investigating, and ministration suspended the require- the Vice President are not permitted there would be hearings and hearings ments to include minority- and women- under the rules of the House. owned businesses in the upcoming con- and hearings. The gentlewoman may proceed. Nothing, nothing goes on in the peo- tracts, which to me is appalling and ple’s House. The only thing that we do b 1700 unacceptable; and we need to go back is vote on somebody’s courthouse. No Ms. CORRINE BROWN of Florida. and repeal what they repealed. Mr. Speaker, on that question, I under- Mr. Speaker, I now yield to the gen- discussions about the issues of the day. stand I cannot discuss their personal tlewoman from Florida (Ms. CORRINE If it was not for this Congressional motives, but I understand that I can BROWN) to come forward and make her Black Caucus, no discussion. raise their names. statement. As always, President Bush talks the Ms. CORRINE BROWN of Florida. talk. In fact, I have come to the con- This inquiry should not be on the Mr. Speaker, let me commend the con- clusion that our government is a paper time of the gentlewoman from Cali- gresswoman for her leadership in this tiger. We talk the talk, but we do not fornia. area. Let me commend the Congres- walk the walk. He and his political cro- The SPEAKER pro tempore (Mr. sional Black Caucus for their leader- nies continue their assault on minori- KUHL of New York). The gentlewoman ship; and I also want to commend the ties and the working poor, while lining is reminded that innuendo relating to American people, because the Amer- the pockets of their political cronies personal pecuniary gain by the Presi- ican people have come forward, the pri- and filling their campaign coffers. dent or Vice-President is improper vate businesses, the private organiza- Lo and behold, whom do we see get- under the Rules of the House, as I am tions. ting the biggest contract in the clean- being informed by the Parliamen- What has been blatantly clear to all up of the hurricane? I heard one of my tarian. Americans is that the Federal Govern- sisters last Tuesday night ask the Sec- Ms. CORRINE BROWN of Florida. ment has been missing in action. We retary, the Secretary that was here, Mr. Speaker, I did not understand what have two Americas. It is tragic. We can anybody do any business with the you are saying, sir. Would you repeat have one black. Yes, I said it, black, Federal Government other than Halli- what you just said? African American. One white. One rich burton? A $588 billion contract, no bid, The SPEAKER pro tempore. The gen- and one poor, and the poorest Ameri- no opportunity for anybody else to par- tlewoman will continue with her time. cans are still the most vulnerable. We ticipate. If I am incorrect, please some- PARLIAMENTARY INQUIRIES need to ensure that all Americans, re- body speak up. None other than Dick Ms. WATERS. Mr. Speaker, I have a gardless of where they live, can find a Cheney’s Halliburton. So while the parliamentary inquiry. quality of life and work. poor in Louisiana, Alabama, and Mis- The SPEAKER pro tempore. The gen- This hurricane has put a spotlight on sissippi suffer from Federal neglect, tlewoman will state her inquiry. the tragic situation that exists with DICK CHENEY and his cronies keep get- Ms. WATERS. Mr. Speaker, the gen- this administration, and I call it re- ting rich. I said it. If Hurricane tleman just stated a rule that is un- verse Robin Hood, robbing from the Katrina’s high winds, rain, and furious clear. The gentleman was questioned poor and working people to give tax power were not enough, the Federal by the gentlewoman from Florida breaks to the rich. I am going to repeat Government’s inadequate response to about the rule. The gentlewoman basi- that. Reverse Robin Hood, and I have this tragedy just adds gasoline to the cally said, are you saying we cannot said it over and over again. Robbing fire. refer to the President of the United from the poor to give tax breaks to the I want to take a moment to thank States or to the Vice President of the rich. That has been the policy. the people locally in my area of Jack- United States? I would like clarifica- There are two things that I want to sonville. We have sent over 18 tractor tion on the rule that you attempted to discuss today. In light of the hurricane, trailers full of goods and services. describe. why are we doing away with Davis- Goods. I asked them to give me their The SPEAKER pro tempore. The Par- Bacon? And, two, why are we doing wish list, and everything on their wish liamentarian informs me that the rule away with affirmative action con- list we filled. And, in fact, I got a call of the House does not restrict reference tracting programs? today. We have got another one filled, to policies of the administration, in- Almost as disturbing as this adminis- and we are getting ready to send it to cluding criticism or critique, but pro- tration’s horrible response to the hur- Mississippi. hibits personally offensive references,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20239 including accusation or innuendo of lives, never had a job, who automati- rise to this very obscene and immoral malfeasance. cally then become a part of the under- condition which so many millions of Ms. MCKINNEY. Mr. Speaker, I have ground economy in many of these areas Americans live in. a parliamentary inquiry. I do not want where we see concentrations of pov- Ms. WATERS. Mr. Speaker, I would to take away the time of the gentle- erty. like to thank the gentlewoman from woman from California (Ms. LEE). I was hoping that we would use this California (Ms. LEE) for organizing us The SPEAKER pro tempore. The gen- opportunity, but it is clear that that is this evening to talk about poverty. As tlewoman will state her inquiry. not the direction in which we are head- a matter of fact, I know that the gen- Ms. MCKINNEY. Mr. Speaker, I ed. This provides us with a tremendous tlewoman from California (Ms. LEE) would like to know if indeed it is a fact opportunity to develop massive train- had already began to organize around that the Vice President of the United ing programs for individuals so that the issues of poverty and had been try- States receives a salary in the form of they can go back and rebuild their own ing to focus us for some time to really deferred compensation from Halli- communities, rebuild their own homes. get involved in unveiling what is going burton which, in turn, received a no- They could develop the skills, and they on in America. And, despite the fact bid contract to do the cleanup work for could experience something that they that there are so many competing in- Katrina, are we prevented from saying have never done before in their lives: terests and despite the fact that not that on the floor of the House? They could have a job. They would enough Members of Congress have the The SPEAKER pro tempore. The gen- have the opportunity to work. courage to talk about poverty or race tlewoman has not stated a parliamen- But even if they get the opportunity, or class, Katrina has brought us face to tary inquiry. are we saying that they can be paid face with what is wrong in America. Ms. MCKINNEY. I thank the Speaker. less than minimum wage in some in- As we stand here today with this pic- That means we can speak about these stances? Where they are almost put ture from Newsweek, with this child’s kinds of things. back into a slave-like condition, where face, this baby’s face with the tears The SPEAKER pro tempore. Mem- they are working but at the end of the running down, the caption: ‘‘Poverty, bers should refrain from personally of- week have not earned enough for basic Race, and Katrina: Lessons of a Na- fensive remarks related to pecuniary food, shelter, and clothing? tional Shame,’’ we are forced to have gain of the President or Vice President. So I am afraid that not only is the to deal with these issues of poverty, That is improper under the Rules of mishandling something that happened race, and class. the House. immediately, but it looks as though we There was an interesting debate The gentlewoman may continue. are going to mishandle the rebuilding going on when this hurricane first Thirty-seven minutes remain. and the reconstruction and the redevel- struck. The journalists would say to Ms. LEE. Mr. Speaker, I yield to the opment of those affected areas. African American legislators, did race gentleman from Illinois (Mr. DAVIS). So I join with my colleagues in sug- have anything to do with this? They Mr. DAVIS of Illinois. Mr. Speaker, I gesting and calling for a real effort on were looking for the confrontation, want to thank the gentlewoman from the part of the administration to make helping to draw out the right-wing con- California for yielding. More impor- sure that those individuals get a servatives so that they could say what tantly, I want to thank her for her pas- chance not only to live, because a fel- they normally say when we begin to sion, her leadership, and her dedication low named Thomas Wolf said some- describe what is wrong in America: Ah, to trying to make sure that America thing once: ‘‘To every man his chance, there they go, playing the race card does in fact become the land that we his golden opportunity, to be and to be- again, or trying to marginalize some- often hear about but the land that we come whatever his talent, manhood, one when they dare to get up and talk have not yet experienced. ambition, and hard work will combine about race, poverty, and class. Katrina has pulled the cover, in a to make him.’’ And, of course, if Wolf Well, what is interesting about this real sense and in many ways, off the was around today, he would probably discussion is every journalist who con- whole question of poverty, which is say ‘‘him and her,’’ or ‘‘her and him.’’ fronted an African American legislator something that we do not talk about That is supposed to be the promise of raised the question until finally I said nearly enough. We often talk about America, and that is what we call upon to them, you are asking this question other kinds of issues and other kinds of the American people to make sure so often, you must know something. things, but very seldom do we get to comes out of the tragedy of Katrina. You must know something that you the core of it in terms of saying that Ms. LEE. Mr. Speaker, I want to want to talk about. Do you think this poverty continues to be a major prob- thank the gentleman from Illinois for is about race? And so I say to my col- lem for a large segment of the Amer- that very eloquent statement. leagues I have decided, based on what ican population. As a matter of fact, Let me just say in reference to the has happened with this horrendous dis- we saw, and people have already indi- comment made by the gentleman from aster, that we must talk about class, cated, individuals who did not have Michigan (Mr. CONYERS) earlier and the race, and poverty. enough resources, could not put to- gentleman from Illinois (Mr. DAVIS) in As a matter of fact, as I sat in my gether enough money, did not have terms of the President taking responsi- bedroom watching the 20,000 or more transportation money, who simply bility, which he just said he would people sitting outside the convention could not get away, who could not get take, I think it really warrants us to center and I heard the head of FEMA, out of the path of the oncoming hurri- ask the question, why was he so irre- Mr. Michael Brown, say that he did not cane because their purses were empty. sponsible early on in responding to this know they had been sitting there for 3 But they are not empty only in New great tragedy? And that answer has to days, they were without water, they Orleans. When we look across America, be gotten, I think, for all of us to be were without food, they were without we see large population groups. I think able to understand the direction in lights, and that coming on the heels of of young men, for example, in my city, which he is going to move. Tomorrow what had happened in the dome where the City of Chicago, the city that we he is going to talk I think about his the evacuees were placed, no elec- call the ‘‘city of the big shoulders,’’ a plan and response, but I would just tricity, toilets not working, food ran city where more than 50 percent of all hope that he would talk about his plan out, water ran out, I got up from my of the young African American males to eradicate poverty by the year 2010, seat and caught a plane and went to between the ages of 16 and 22 do not and that is what many of us are work- Louisiana, because I could not sit there have a job, do not go to school. How ing toward. any longer watching what was hap- could there be anything other than I would like to now yield to the gen- pening to the most vulnerable people in poverty in a situation like that? I run tlewoman from California (Ms. the world. into individuals in their early 30s who WATERS) who all of her life has worked Going there, going to these shelters, have never had a job in their entire to eradicate the conditions which give going to the Louis Armstrong Airport,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20240 CONGRESSIONAL RECORD—HOUSE September 14, 2005 watching people suffering, thousands of as we travel around the Nation and we And for those people who managed to people without water, without food, take a look at poverty, today we are get past them at the end of the bridge, without medical care, old women in talking about New Orleans, but let us they came and they took their food and wheelchairs who needed their medi- take a look in St. Louis, Missouri, let their water away from them and drove cine, people with diabetes and high us take a look in Philadelphia, let us them back on the other side of the blood pressure and the morgue that take a look up in Harlem, let us take a bridge. was being placed right there in the air- look in Appalachia. Let us take a look Ladies and gentlemen, I would not be port to accommodate the people who at poverty in America. worth my salt if I did not direct my at- were dying on the sidewalks, I decided We cannot continue to place our tention to these atrocities. I would not that it may not be politic to talk about heads in the sand. Why do we have this be worth being elected to the Congress race or class or poverty, but, Mr. poverty? Why it is that public policy of the United States of America if I did Speaker, when I came to this place, I no longer discusses poverty, race, and not stand up for the least of these and came to talk about those issues, and I class? It is because the right wing con- the most vulnerable of these. decided that I, too, had been organized servatives have been very successful at We have seen the face of poverty. It by the right-wing and others not to silencing those of us who should be dis- was reflected in a profound way, people confront the issues in ways that I know cussing it. trapped and died because they did not I feel deeply about. They have pulled every trick in the have transportation. People died be- So I do not care what happens and book. They have their talking heads on cause they did not get rescued. Their from whence it shall come. In addition Fox Television and other right wing government let them down. People said to everything that I do, call me what- stations that are basically under- do not point the finger. How many fin- ever you want to call me, say that I am mining us and basically denigrating us gers do I have? playing the race card, say whatever whenever we talk about these issues. I am pointing them all. Because in you want to say. I am going to talk But, ladies and gentlemen, I am con- addition to whatever mistakes were about race, I am going to talk about vinced that we are going to have to do made at the local and the State level, poverty, and I am going to talk about this, not only for ourselves but for in the final analysis, we have the most the class issues of America. America. The attitudes that have come powerful government in the world, and We are brought face to face with out of this hurricane, the President’s they let the people down. They let the these issues, looking at what happened mother, Mrs. Barbara Bush, said the people down even though we had the in New Orleans. The population of New people in the Dome were disadvantaged resources, we have the helicopters, we Orleans is 448,000 people; 67 percent of anyway, they were better off. have Navy bases. We found a Navy base the city’s population is African Amer- Attitudes. You know, people want us over in Alexandria, Louisiana, England ican. About 27 percent of the popu- to say the President went into the Air Force Base, that is boarded up that lation lives below the poverty line. The White House and said, we are not going has 450 rooms, dormitories, that are city’s median household income is to go to New Orleans to help the black not being used. $27,514. Two in 10 households in the dis- people. No, we are not saying that. We We had ships fully equipped with all aster area had no car, compared with 1 are not saying that it is that obvious, of the medical equipment right there in 10 nationwide. About 4.5 percent of that it is that overt. It is about atti- right off the coast. Unused. We have the disaster area received public assist- tude. It is about the kind of attitude the resources. We have the National ance. Nationwide, the number was that drives your actions. Guard. We have the money. We have about 3.5 percent. In 2000, New Orleans When you have Barbara Bush saying, what it needs. had the fifth highest poverty rate and well, they are better off. People who Now, people want to ask me, did it the fourth lowest household income of are dying in the Dome, people who are happen because of race? I submit to major American cities. dying outside of the convention center, you that when you have the kind of at- In the lower ninth ward neighbor- they are better off, so why should we titudes that speak like the President’s hood, which was inundated by the care? I mean, it is that kind of attitude mother, Barbara Bush, who spoke like floodwaters, 98 percent of the residents that leads to the kind of policies and the gentleman from Louisiana (Mr. are black, and more than a third live in the kind of marginalization that leads BAKER), who acted the way the police poverty. Sixty-five percent of these to a lack of concern and resources for officers acted that drove my people families are one-parent families. The the people who so desperately need it. back across the bridge shooting guns housing in New Orleans is much older Attitudes. We have one of the Mem- over the heads of women and children, than the national average, with 43 per- bers of my committee that I serve on, that results in racist acts. cent built in 1949 or earlier, compared the gentleman from Louisiana (Mr. It results in the kinds of decisions with 22 percent for the United States BAKER), who said God had done what that marginalize, that deny, that cause and only 11 percent of them built since we had not been able to do in getting people to die and to be harmed unnec- 1980, compared with 35 percent for the rid of public housing. Attitudes that essarily. And so poverty is an issue United States. lead to the kind of decisions that result that we must pay attention to. in racist actions. Today, we are focused on New Orle- b 1715 In addition to all of this, we find that ans; but tomorrow, we have got to New Orleans public schools are 93 there are things still going on in Lou- focus on poverty all over the United percent black; 55 of the State’s 78 worst isiana that we thought we would never States of America, whether we are schools are in New Orleans. The State see again in life. There were a group of talking about New Orleans or any of of Louisiana rates 47 percent of New people who were told to cross a bridge the other cities that many of us rep- Orleans schools as academically unac- to get to safety and to high land. resent. ceptable, and another 26 percent are These African American women and I am grateful to be able to be in good under academic warning. men, for the most part, with a few strength, and I am grateful that I have About 25 percent of New Orleans whites with them, started across the found my courage again, the courage to adults have no high school diploma, bridge to a little town called Gretna, I do what we should always do. I am so and we can go on and on and on. Lou- believe. And they were met by the po- grateful that I am resigned, and I have isiana has the largest percentage of lice officers with guns. And they shot resolved that this Congress is going to children living in poverty, 30 percent. their guns over the heads of women and hear about this day in and day out. Louisiana and Mississippi have the children, mostly African American Never again shall I find myself in a highest infant mortality rate in the women and children, and said, get back position where I am crying and lament- Nation, 10.3 percent per 1,000 births. over to New Orleans, this is not the Su- ing after the fact. I have got to be in Louisiana and Arizona have the biggest perdome, we do not want you over the faces of those who make public pol- teen dropout rate in the Nation. Well, here. You cannot come over here. icy. I have got to use my influence. I

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20241 have got to do everything that I can Ms. LEE. I want to thank the gentle- enough of a net in this country that ev- possibly do. woman from Georgia (Ms. MCKINNEY) eryone who tries to build a family has The President of the United States for her very passionate statement and a maximum opportunity to do it, that does not back up. They are in our for asking the tough questions, as she we managed to build enough of a net in faces. Yes, Mr. Speaker, he gave an- always has and will continue to do. this country that when anyone gets other no-bid contract to Halliburton. I would like to now yield to the gen- sick, that we find a way to give them We have criticized him time and time tleman from Alabama (Mr. DAVIS). We a quality of care, that we found a way again about Halliburton and the fact all know that poverty knows no bound- to build enough of a net in this coun- that they stole our money in Iraq, they aries. We see high incidences of pov- try, so that if there is an ambition in cheated us. But they do not back up. erty all over our country in rural and our children, the ambition will always They stay in our faces with their poli- in urban areas. be rewarded. cies, and we have got to stay in theirs. We know much of your community is The hope that I have is that we will Ms. LEE. I want to thank the gentle- a rural community steeped in poverty. one day reach a point where these woman from California (Ms. WATERS) Mr. DAVIS of Alabama. Thank you kinds of questions come off the table, for that very clear and powerful state- for organizing this Special Order to- just as the question of what side of the ment also. If there was any doubt who night. Because our time is limited, I bus you can sit in came off the table. If was left behind in the Gulf region, I want to make my remarks suitably we are going to get to that point, it think the entire country knows now brief. But I want to pick on something will require a lot more than the reac- who was left behind. that has been a theme of what I have tion to Hurricane Katrina. Let me yield now to the gentle- heard from a lot of my colleagues in It will require a lot more than the re- woman from Georgia (Ms. MCKINNEY). the last several minutes. action to the Gulf that was exposed in Ms. MCKINNEY. Mr. Speaker, I We have talked a lot, appropriately, New Orleans. It will require a sustained would like to take this opportunity to about the question of national will in commitment to be serious about these commend my sister colleague, the gen- this country of ours, and I am re- questions. It will require a sustained tlewoman from California (Ms. LEE), minded that several hours ago we for introducing comprehensive poverty commitment to talk about issues of passed a resolution on the floor hon- day care for working mothers, issues of legislation of which I am a proud co- oring a woman named Rosa Parks who sponsor. health care for indigents, issues of ex- was a seamstress in the city I was born It is high time that we talk about clusion for all kinds of groups who in, Montgomery, Alabama. poverty; and when we talk about pov- have been marginalized in America. When Rosa Parks made the decision erty, I would like for everyone to see But I think those things are within to stand up by sitting down, by refus- this beautiful black face, this beautiful our reach. The reason I think so is be- ing to give up her seat on the bus, my black baby, who has a tear rolling cause I think that we have the capac- down her cheek, which epitomizes in so grandmother was a 46-year-old woman ity as a country to come back to a vo- many ways the conditions of Black who lived in Montgomery; my mother cabulary and a dialogue of national America which now have been revealed was a 12-year-old child. And they both greatness. We have the capacity as a for all of the world to see. vividly remember at times when they country to talk about a vision that will But I came down here not to take were escorted or asked to leave the make America great, that will not sim- very much time, but to say to my sis- front of the bus, to go to the back. ply be based on the force of our arms, ter colleague that she said she was not And in that generation of Americans, that will not simply be based on our going to play the race card. there was a certain percentage of peo- intercontinental ballistic missiles, but Well, you do not have to, because the ple who felt that, well, it is just the will be based on the quality of the in- gentleman from Louisiana (Mr. BAKER) way it was. There was a certain per- stitutions that we build. centage of people who felt that racial already has, if the reports from The b 1730 Wall Street Journal are correct. And so segregation, separating people based on I would just like to read into the color, was just in the fabric and the at- I will end by mentioning someone RECORD what it is that The Wall Street mosphere of what we were as a coun- that I know inspired many of my col- Journal says that the gentleman from try. leagues in this body, Robert F. Ken- Louisiana (Mr. BAKER) had to say. And when the Rosa Parkses of the nedy, the Senator from New York who He said, according to The Wall Street world asserted themselves, a lot of peo- died seeking to change the country by Journal: ‘‘We finally cleaned up public ple dismissed their effort. A lot of peo- winning the presidency. housing in New Orleans. We could not ple said that it is a quixotic venture. He often ended his speeches by say- do it, but God did.’’ And here we are 50 years later with a ing, ‘‘Some men see things as they are Now, when the gentleman from Lou- whole lot of political power for this and say why? I see things that never isiana (Mr. BAKER) made that com- community, a whole lot of an ability to were and say why not?’’ ment, he was talking about that baby. stand here and to talk about these That has to be the constant chal- And there are some of us, some of my kinds of questions. We are a long, long lenge of all the Members of this insti- colleagues outside of this body, who way from the Montgomery, Alabama tution who style themselves as pro- are very concerned about what the gen- that Rosa Parks and my mother and gressives. The constant challenge has tleman from Louisiana (Mr. BAKER) grandmother lived in. to be that we will see a range of vi- had to say. What has changed about that 50 years sions, a range of opportunities and But I also know that the mainstream is our will changed as a country. Our quality of life for our people that we media do not always get it right. So I sense of what we would and would not have not previously seen and that we would like to hear publicly from the tolerate changed over a period of time, will have a national will to move to- gentleman from Louisiana (Mr. BAKER) and that which seemed tolerable many ward that time. to see if this is exactly what he said years ago, all of a sudden came to be So I thank the gentlewoman for orga- and what he meant. seen as intolerable. It is my sincerest nizing this event. I thank my col- Because, if it is, I can guarantee you hope, as a Member of this House, that leagues for speaking. there will be many people who will when our time is long done, when the In the final seconds I have here have something to say to him. The youngest of us here have left this body, today, I will simply make the point public policy we make here is all about that some group of Americans will look that all of our citizens in this country attitudes, and when you have got this back and they will say that we man- ought to understand that we are im- kind of an attitude making public pol- aged to take these questions of pov- pacted when some of our people do not icy, you cannot help but have tear erty, impenetrable, cutting, wounding share in the same circle of opportunity, drops rolling down the faces of Amer- poverty, off the table, that we some- but yet they are working and striving ica’s children. how managed to find a way to build and pushing themselves every day to

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20242 CONGRESSIONAL RECORD—HOUSE September 14, 2005 do it. That exclusion and that absence African American children are twice as people who wrote about our positioning does not just wound African Ameri- likely as whites to die before their first of this issue have been on the phone to cans, it does not just wound Latinos, it birthday. me, saying why have you all not been wounds everyone in this country that The U.N. report also notes that al- talking about this? Why have you not shares our national identity. though the U.S. leads the world in kept this issue of race and class and Ms. LEE. Mr. Speaker, I thank the health care spending, this high level poverty in front of us? We should have gentleman for his statement also rais- goes disproportionately to the care of been talking about this. ing the need for sustained commit- wealthier Americans. It has not been And I have to remind them that, yes, ment, because that is what this coun- targeted to eradicate health disparities look, you wrote about this in January try and the President must do and de- based on race, wealth and the State of and February of this year, and you velop a plan to eradicate poverty by residence. must have forgotten about it. We have 2010. Countries that spend substantially not forgotten about it. We have been Mr. Speaker, I yield to the gentle- less than the United States have, on talking about it all year. woman from California (Ms. WATSON). average, a healthier population. It did not take a hurricane to make Ms. WATSON. Mr. Speaker, I want to For a century in the U.S. there has us patently aware that poverty exists commend the gentlewoman from Cali- been a sustained decline in the number in this country. In fact, what I would fornia (Ms. LEE) for her bill, H. Con. of children who died before their first submit to you is if the same kind of ca- Res. 234, to require the President to birthday. But since 2000 this trend has tastrophe occurred in any city in immediately present a plan to eradi- sadly been reversed. America and the same amount of ad- cate poverty by 2010. Her resolution is The U.S. is the only wealthy country vance notice was given to the people of indeed timely. with no universal health insurance sys- that city, the people who would get out Hurricane Katrina has rubbed away tem. Shame on us. would be the high-income people. They The United States, along with Mex- the scar tissue from a festering na- would heed the notice. They would ico, has the dubious distinction of see- tional wound which is poverty and the have the resources to move away from ing its child poverty rate increase to growing economic divide that con- the disaster that is coming down the more than 20 percent. tinues to afflict our great Nation. pike. And the people who would not be The U.S. ranked 17 out of the 18 Mr. Speaker, only a few weeks ago, able to heed the notice and the en- OECD countries in the highest level of the U.S. Census Bureau released its an- treaties to get out of harm’s way would human and income poverty. The only nual report on poverty income and be poor people; and in every city in OECD country the U.S. is ranked ahead health insurance coverage. The report America, every place in America they is the country of Italy. Even Ireland documents that poverty rose by 1.1 would be disproportionately African ranks higher. American, Hispanic and other minori- million people from 2003 to 2004. The Poverty is a systemic issue, and we number of Americans without health ties. need to move on it now. That is not only true of a hurricane. insurance also rose from 45 million in When you are poor, you cannot get 2003 to 45.8 million in 2004. Shame. f away from bad health conditions, be- The facts presented by the Census ERADICATE POVERTY cause you cannot take the preventative Bureau report are incontrovertible. The SPEAKER pro tempore (Mr. steps that you need to take to get Poverty is on the rise throughout the KUHL of New York). Under a previous treatment. When you are poor, you do United States of America, and let me order of the House, the gentleman from not have the option of sending your briefly cite a few other startling facts North Carolina (Mr. WATT) is recog- kids to private school to get them taken from the latest Census report. nized for 5 minutes. away from bad schools. You do not In 2004, 37 million Americans lived in Mr. WATT. Mr. Speaker, I simply have the option of doing a lot of things poverty, up by 5.4 million from the pre- want to thank my colleagues in the that we take for granted in this coun- vious year. Congressional Black Caucus who are try. More than one in six American chil- taking the time and consistently put- So maybe my staff member is right. dren now lives in poverty. ting forward this message that poverty We do not like to talk about that in The poverty rate for African Ameri- and race and the convergence of them this country. We do not like to talk cans was 24.7 percent in 2004. The pov- in this country must be an issue that about poverty in this country because erty rate for Hispanics stood at 21.9 we deal with. we have this notion that we all are percent for the same year. I found it extremely ironic as Chair equal. We are not equal except in writ- The real income of American house- of the Congressional Black Caucus that ing. holds declined in 2000 among all income it has taken a disaster like Katrina to Under our Constitution, we are cre- groups. refocus attention on the issue of pov- ated equal. We are supposed to be given In my home State of California, 13.2 erty in this country. In fact, it has equal opportunity, but when somebody percent of its residents, or 4.4 million been interesting to see how this has starts at the 70 yard line in a race of people, currently live in poverty; and evolved, because the Congressional 100 yards and somebody else is starting 18.5 percent of Californians, or 6.7 mil- Black Caucus has been dealing with at the zero yard line, making up that lion people, do not have insurance cov- this issue of poverty and the disparity difference is an impossible task, and we erage. in economic means between African have got to recommit ourselves to The U.S. Census report is not the Americans and other Americans in this making up that difference. It cannot be only recent document that details the country this entire year. done just by people running faster and growth of poverty in the United States. We developed an agenda in January harder and longer. We have got to com- Today, President Bush addressed the of this year which was printed, re- mit ourselves as a Nation to fighting opening of the United Nations World leased, covered and written about in poverty and its convergence with race. Summit on Poverty and Reform. Ear- the press. Press people were calling me, f lier this month, the U.N. released a saying you have positioned this in a shocking report on global inequality different way than it has been posi- WINNING THE WAR IN IRAQ that is critical of American policies to- tioned in the past. And then all of a The SPEAKER pro tempore. Under wards poverty abroad as well as here at sudden what I found was quietly into the Speaker’s announced policy of Jan- home. the night the discussion about poverty uary 4, 2005, the gentleman from Indi- Among its many startling conclu- and the convergence of poverty and ana (Mr. PENCE) is recognized for 60 sions, the U.N. report reveals that in- race and class went quietly into the minutes as the designee of the major- fant mortality has been rising in the background. ity leader. United States for the past 5 years and What has been interesting since Mr. PENCE. Mr. Speaker, I thank the now is the same as Malaysia. America’s Katrina occurred is that the same press Speaker for the opportunity to address

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20243 the House this evening, really by way When the U.S. Marines went ashore and before I yield to the gentleman of reporting on a congressional delega- in Okinawa in 1945, April, we lost 10,000 from Texas (Mr. HENSARLING), my col- tion trip that I had the privilege of soldiers in that military engagement league, I want to share with my col- leading at the very turn of this month, and we won. We won the battle on Oki- leagues, without compromising any the very last days of August, the very nawa. It remains one of the great mili- confidence, a conversation that I had first days of September. tary victories in American history, be- with the general, which basically was Our journey took us on a diplomatic cause as we lost 10,000 American sol- derived from a recent stop that I made mission through Egypt. We met with diers, the Japanese lost 200,000 soldiers at the American Legion Hall in Selma, military commanders at Central Com- in the same engagement. Indiana. mand in Qatar. But clearly the most Let us begin there in the definition of Mr. Speaker, Selma, Indiana, prob- memorable and meaningful time of our victory in Iraq. While we have lost ably has the population of this House trip, which included the gentleman somewhere shy of 2,000 soldiers in 4 of Representatives when it is filled, from Texas (Mr. HENSARLING), who we years of fighting, and today we have maybe 500, 600 people. I popped into the will hear from in a few moments, and 140,000-some-odd soldiers within Iraq, Legion Hall about a week before I went three of our Democratic colleagues, the according to information we received, to visit Iraq. I walked into the Legion gentleman from Tennessee (Mr. DAVIS), enemy casualties run from 20 to 30 to Hall, and there were several guys, a few the gentleman from Hawaii (Mr. CASE), one American casualty; and more com- of them bellied up to the bar, a few and the gentleman from North Caro- pellingly to me as we were informed, more sitting around tables and chairs lina (Mr. MCINTYRE), it took us for two the number of Iraqi military personnel and playing cards; and as I said to Gen- full days into Iraq. fighting on our side in uniform com- eral Abizaid, the guys at the Legion in I rise tonight anxious to hear my col- pared to our casualties is three to one. Selma, Indiana, were concerned about leagues’ reflections on this trip and Three Iraqis in uniform, fighting for what they were seeing on television. trips that they have taken as the gen- their own freedom, have died for every They wanted to know what is going on, tleman from Iowa (Mr. KING) will join American fighting for their freedom in did the soldiers over there have a us. But I rise today to make a very Operation Iraqi Freedom. cause, are we in this for the right rea- simple assertion, that from what I saw Beginning with that large statistic, sons. I took by their meaning how are on the ground, flying into Baghdad on Mr. Speaker, it is undeniable: we are we doing in Iraq. I told them I was leaving in about a C–130s, flying around to outpost bases winning the war in Iraq. As I will dis- week and I called the question and I far outside the Green Zone in Baghdad, cuss later, literally hours before the had asked the brass and the regular far outside the safety net of the center gentleman from Texas (Mr. HEN- soldiers. So I asked General Abizaid of our operations in Iraq, what I herald SARLING) and I and our colleagues that very question. I said, General, from the soldiers, not just in official touched down at the landing zone at what do I tell the guys in the Legion meetings but in informal interactions the military base at Balad, there had Hall in Selma, Indiana? Four Star Gen- and what I heard from our commanders been a mortar attack, a pretty typical eral John Abizaid said in words that engagement with the enemy, as near as was a simple message: We are winning still ring in my ears, sitting at this the war in Iraq. was represented to us. Two mortars were fired into the table, he turned and looked at me, me b 1745 American base. They were tracked here, him there, in his private office and he said, Congressman, you tell I know, Mr. Speaker, that that is a through extraordinary technology and them we are winning the war in Iraq. very different message than most of professionalism from literally mo- Then he explained it. He talked about the American people, some of whom ments after they were fired, several may be looking in tonight, are getting that ratio of, yes, there are Americans thousand yards from the base. The in- that are dying, but 20 to 30 enemy in- from national television and from the coming mortars were determined to be newsprint. surgent soldiers are dying for every landing in an area where they did not American that has fallen. Then he The headlines today were resplendent threaten a significant amount of Amer- with over 100 killed in a series of car went on to point out that at no time in ican military personnel. They did de- 4 years of fighting have we ever lost a bombs and suicide attacks in Iraq; but stroy two trucks, I believe, both of military engagement to this enemy, let me say emphatically again, from which were still on fire as we were never. Every time the enemy has en- our meetings with General Abizaid at landing on the base; but when we went gaged our forces, we have defeated CENTCOM, to General Petraeus in into the command center at the Balad them and defeated them summarily. Baghdad, our meetings with members Air Base and saw the full report on Another statistic that General of the 3rd Infantry Division and A that engagement, we learned that Abizaid shared with me was the simple Company of the 138th Signal Battalion within 3 minutes of the launch of the statement that we have never lost a from Indiana in Ramadi, I heard it mortars, American military personnel full platoon in a military engagement again and again: we are winning the had identified where the mortars were with the enemy in this theater of com- war in Iraq. fired. bat. That is not a slogan. It is an objec- Within minutes after that, American He conceded that being a combat sol- tive fact, based on a few simple obser- surveillance drones, known as Preda- dier, being a military man, knowing vations, because as many who are tors, flying overhead were able to sur- the ruthless nature of the perhaps even strenuous critics of the war would as- veil and identify up to 13 different in- 10,000 insurgents that we are dealing sert, we have endured casualties, the surgents who were making egress from with in Iraq, that he had assumed that precise number still less than 2,000, but the site where they had launched the maybe at this point they would have every single loss, including the 10 he- mortar; and within 12 minutes from the figured out how to launch and ambush, roes from my congressional district, is time of the launch, all 13 of those in- as they had done many, many times grievous to every single family. I will surgents were killed in a Hellfire mis- and maybe catch us unawares. not for a moment trivialize a single sile attack on their location. The Confederate Army caught the American loss; but as we heard from The intelligence, the military preci- Union Army at Shiloh completely un- one soldier after another, some with sion, no American casualties, 13 Iraqi awares. In war, people make mistakes, four stars, some with one, some with casualties. We are winning the war in people end up exposed. The general ba- corporal bars sitting on top of amphib- Iraq. sically said, in 4 years of fighting, I ious assault vehicles in Ramadi, as I As we sat with General John Abizaid would have thought that they would was with Lance Corporal Ty Cotton, at Central Command in Qatar, pictured have figured out a way to defeat a full but soldiers understand that you do not here in this photograph, we had a very platoon, but they have never done it. define victory in war by the absence of intense and intimate hour with the Every time they have engaged our casualties. four star general at Central Command; forces, we have defeated the enemy.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20244 CONGRESSIONAL RECORD—HOUSE September 14, 2005 He went on to say that the answer In fact, we learned there at Camp him. I commend his wife, Melissa, for here is not entirely military; but, rath- Caldwell that in a matter of 3 to 6 their dedication to our country. er, that as we went out to Camp months, when the Tennessee Volun- Mr. HENSARLING. Mr. Speaker, I Caldwell along the Iranian border, as teers, the National Guard, head back to thank the gentleman for yielding, and we went up to Balad, as we went out to Tennessee, they are not going to be re- I especially thank him for his leader- Ramadi, we saw these are soldiers that placed by American military per- ship in this body. As the chairman of are not only engaging the enemy suc- sonnel. They are going to be replaced the Republican Study Committee, the cessfully and not only defeating the by Iraqis, which is a statement of suc- largest caucus in Congress, the gen- enemy in military engagements, one cess. It affirms we are winning the war tleman from Indiana (Mr. PENCE), my after another, with professionalism and in Iraq. We are standing up an army, colleague, his leadership is second to courage and precision, but they are 100,000 now, and 12 months, 200,000 none in this institution. also training Iraqi soldiers. Iraqis in uniform. We are defeating the b 1800 These are the two hands. The Amer- enemy. We have never lost a platoon or ican soldier in Iraq today is doing the a military engagement. I am happy to call him my leader in work of defeating the enemy, and at I say, Mr. Speaker, with great re- the Republican Study Committee and the same time, many of the same per- spect to my colleagues and anyone else to call him my friend. I was very grate- sonnel are also training Iraqis to pro- listening in, we are winning the war in ful, Mr. Speaker, that he would invite vide their own defense, and the statis- Iraq; and it is time the American peo- me to join him on this trip over to tics are rather overwhelming and im- ple began to hear that and hear that Iraq. pressive. consistently. We are winning the peace. It was very important for me, Mr. In the last 12 months, we have stood As we prepare, we met with Prime Speaker, that I travel over to Iraq. I up in uniform over 100,000 Iraqi soldiers Minister Jafari, we met with the min- thought it was important for a couple for the defense of their own country. isters of interior and defense. October of reasons. Literally, 100 battalions have been 15, the people of Iraq will vote to rat- Number one, I thought it was very stood up, a little bit more than 100 bat- ify, and it is my fondest hope and pray- important to say ‘‘thank you’’ in per- talions, but roughly 100,000. As the gen- er that they will ratify, a constitution son to the brave men and women who eral told us and the men on the ground of their own making. This standing up don our Nation’s uniform and put told us who are training these soldiers, of a legitimate government in Iraq, the themselves in harm’s way so that we they are on track to stand up another standing up of an independent army of can live in a safer and more secure 100,000 Iraqis within 12 months, Iraqis Iraqis in Iraq, and ultimately, the America. It was very important, I who would be able to take over their drawing down of American troops as think, that these people hear in person, own security of their nation, both in- Iraqis take responsibility for their po- face to face, where they are sitting and ternal and ultimately external secu- litical and security future is in the fighting the battle for freedom and se- rity. cards. It is happening. I know it is not curity, that they hear from us in per- Of the 100,000 Iraqis, roughly 30,000 of son the Nation’s gratitude for what those are deploying every day with making it on the evening news, Mr. Speaker; but I have seen it with my they do. American soldiers. One full battalion, I know it has been said before, but I we were told, is fully independent and own eyes. I have heard it from our sol- diers, not a one of which does not be- do not know where our Nation finds has to do with old tribal loyalties, and such brave men and women to go and they can handle themselves and we let lieve in the mission. do this. It is so heartwarming that we them handle themselves; but the bal- I will yield to the gentleman from in America have an all-volunteer mili- ance of some nearly 29 battalions of Texas (Mr. HENSARLING) with this final tary that produces such great men and nearly 1,000 men each are deploying ei- thought. We must have talked to thou- women. So I wanted to thank these ther on point as we did along the Syr- sands of soldiers in the field, and I say people in person. ian border last week when literally that with absolute sincerity. We spoke Second of all, Mr. Speaker, as a Iraqi military personnel led the charge, to them in official meetings. We spoke Member of the United States Congress defeating insurgents and killing insur- to them on C–130s flying into the coun- who has supported these troops in the gents along the Syrian border, or they try. We talked to soldiers who knew field, we all know here in this institu- are going right alongside with us. where we were and who we were and So for those who want to minimize soldiers who did not know who we were tion that we are privy to a lot of brief- that, it is an extraordinary thing. and knew that we would never see ings by three- and four-star generals. It I will never forget it was Labor Day, them again. I did not meet a single sol- is not that often, however, that we can the day that we were at the military dier anywhere in Iraq in the uniform of get briefings from three- and four- base at Camp Caldwell near the Iranian the United States of America who did stripe sergeants, those who are truly border. So, of course, it is a military not believe in this mission. on the front lines of this effort; and I base, there was a Labor Day picnic Every single soldier with whom I thought it was very important that I going on. As the gentleman from Texas spoke said variations of the theme: we speak to these men and women as well. (Mr. HENSARLING) and the gentleman need to be here, sir; everything I have I want to echo what my colleague from Hawaii (Mr. CASE) and the gen- seen, we are doing what needs to be had to say, and that is that we are win- tleman from Tennessee (Mr. DAVIS), done; we have got to stop these guys ning this effort. That is not to deny the who had an awful lot of Tennessee Vol- right here. reality of what we see on the news unteers there, National Guard from We are winning the war in Iraq be- every night and, as my colleague said, Tennessee, urged us, we went to the cause of that kind of courage, that not to trivialize it, because the cost of Labor Day picnic. What a sight it was kind of determination. So allowing for this war is incredible. It is a terribly to see the American military personnel my passion on this point, I yield to the costly war in terms of blood and in letting off a little steam, of course gentleman from Texas (Mr. HEN- terms of money. There is no denying playing blue grass music; but the most SARLING), a colleague who journeyed that reality. awesome thing was walking on to a with us on this trip; and if I may say But in our living rooms back home, volleyball court and half of the people without embarrassing him, at a time Mr. Speaker, and I come from Dallas, playing volleyball in T-shirts and when his own family was dealing with Texas, there is another reality that shorts were Iraqis. Here I am at a the tragic circumstances around somehow never makes the 6 o’clock Labor Day picnic at a military instal- Katrina, his own father-in-law, grand- news, nor does it ever make the front lation, along the Iraq-Iran border, and father of his children, out of commu- page of my daily newspaper. half the people playing volleyball with nication in New Orleans, but he was For example, no television station the Americans were Iraqis, the people still willing to go into harm’s way to has ever shown up at my home in East that we were training. be among the soldiers, and I commend Dallas at 8:30 p.m. to film either my

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20245 wife or myself tucking our two chil- about their evil deeds and their evil him and his family to be there. He said, dren into bed in a safer, more secure purposes, but, Mr. Speaker, it takes very sincerely, ‘‘I hate being here. I America. No film crew has ever come place. It takes place every day, and it hate being here, but I love my job, and to film that. is taking place throughout the Iraqi I know how important it is to my coun- In my home of Dallas, no film crew television network. try and my family that I succeed.’’ Mr. has ever gone to the Northpark Shop- Something else. In going to these Speaker, that is an incredible, incred- ping Mall and reported, ‘‘Today there various military bases that my col- ible level of dedication that we have. was no suicide bomber at Northpark league, the gentleman from Indiana So some days, Mr. Speaker, it may be Mall.’’ You will never read that story (Mr. PENCE), described, whether it be three steps forward and two step back- back home in Dallas, Texas. Camp Caldwell or Camp Liberty, it was wards. I am not here to say that this is You will never read a newspaper described to us that about 6 months easy work. I am not here to say that it headline saying, ‘‘Today no one ago there might be two or three mortar is going to happen tomorrow. We can- rammed a car filled with explosives attacks every day, and today it may be not pick up democracy through a drive- through Mesquite Poteet High School.’’ two or three a week. Mr. Speaker, it is in window. There is no such thing as You will never read that story. still war, but it is progress. It is McDemocracy. It takes a long time to Yet I believe that because of what we progress. develop it. But, Mr. Speaker, it is not are doing in fighting this war against We heard a tragic story, and we have democracies that threaten us, it is terrorism, because of Operation Iraqi seen it in the news before, how at one these authoritarian, despotic regimes Freedom, we do live in a safer and of the many recruitment stations, that harbor terrorists, that train ter- more secure America. where the Iraqi people will volunteer to rorists, that finance terrorists, and Now it is no accident there has not help rebuild their country and be a that seek weapons of mass destruction. been another attack since 9/11. That is part of their military service or to be a I agree with our President, though not to say one could not happen tomor- part of their police force, how at one of some do not, but I agree with him that row, but we will never win this war these recruitment stations the insur- there are some threats that you must playing defense. We will only win this gents successfully bombed and killed meet before they fully develop. war playing offense. For the sake of many of the recruits. Well, Mr. Speak- Who, looking back at the pages of our Nation, for the same of this genera- er, 24 hours later they had that recruit- history, if they had an opportunity to tion and the next, we must win this ment station back open, and the exact stop Nazism and Adolf Hitler in 1930 war on terror. And there is no sub- same number of recruits showed up would not have done it? Who would not stitute for actually going to a place, again. They knew what had happened. have done it? If you had an opportunity Mr. Speaker, and talking to people and They wanted to be a part of building to stop what the Soviet Union did in observing for yourself. the new Iraq. Again, Mr. Speaker, I be- taking over Eastern Europe and hold- There are a lot of different statistics lieve that is progress. That is helping ing it captive for 50 years, who would I could quote in how we are winning win this war. not have stopped that? the war on terror, but let me share a Human intelligence is a very vital as- Well, I think we have an opportunity few stories, a few observations I have pect of fighting this war. Now, increas- to stop this terrorist movement that is which really spoke volumes to me. ingly, more of the Iraqi people are taking place and emanating from the First of all, traveling around Bagh- helping locate the bad guys. We heard Mideast. But we as an American people dad in an Army helicopter, all over a story about an insurgent who was have to realize that this is not a sprint, Baghdad we saw the rooftops riddled armed and who broke into a house. Mr. Speaker, this is a marathon. It is a with satellite dishes, something that When Iraqi and American troops, work- marathon. was illegal in the regime of Saddam ing together, managed to go to this The cost of cutting and running is Hussein. The seeds of freedom of speech home and knock on the door, this in- too high, because the elements that that have been planted in that country surgent informed the troops that he would come back and take over in Iraq are fundamental to growing this de- was the cousin from Baghdad of the are the same people who were part of mocracy, this nascent democracy in lady of the house. Notwithstanding the the Hussein regime. They are the same this very vital part of the world. Sat- fact she knew this insurgent had a gun, people who put together the despotic ellite dishes all over Baghdad with now she said, ‘‘No, sir, he is a terrorist. regime in Afghanistan. These are the multiple sources of information and Take him away.’’ That might not have people that would threaten the lives of news that has not been seen in Baghdad happened 6 months ago in this country, our fellow countrymen, and that can- in decades and decades and decades. but it is happening today, Mr. Speaker. not be tolerated. Now one of the programs they appar- And that is more and more progress in So, again, Mr. Speaker, I was very ently receive on this satellite dish, and this war against terrorists. proud to be a part of this delegation led I did not see it myself but I had a sol- Mr. Speaker, again let me just go by the gentleman from Indiana (Mr. dier describe it to me, is a program en- back and talk a little about all the PENCE). I learned so much. I am so titled ‘‘Angry Mothers.’’ I guess in troops we met and reinforce a point proud of our soldiers, and I wish every- America the show would be part of our that was made by my colleague from body could see the day-to-day progress, reality TV series. But when we watch Indiana. Again, I am just so proud that this kind of sloppy, halting, but inex- American television, we only get the I had an opportunity to meet with orable progress towards democracy indication that all of the Iraqi people these brave men and women. that is taking place in Iraq today. Like are either insurgents and terrorists or I remember hopping on a C–130 with a I said before, some days it is three they cower in their homes. But that is corporal out of Las Vegas, Nevada. He steps forward and two steps backward, not the reality that we saw. In this had just come back from 2 weeks of but it is progress. We see it, we know it program entitled ‘‘Angry Mothers,’’ ap- R&R, rest and relaxation, back home, is happening each and every day, and parently when some of the insurgents and he has a family. He is married, and because of it, I believe ultimately our are captured, they allow the mothers of he has children. I said, ‘‘Corporal, I country will be more safe and more se- those who have been wounded or killed guess you wish you were still back cure. by the insurgents to confront them. home.’’ And he said, ‘‘No, sir. Today With that, Mr. Speaker, I will yield And although I do not know nor do I my unit needs me more than my fam- back to my friend from Indiana. care to know how to curse in Arabic, I ily.’’ Mr. Speaker, that is the incred- Mr. PENCE. Mr. Speaker, I thank my assume a fair amount of the show has ible level of commitment that we see. friend for his powerful reflections on an to be censored. I remember meeting a young captain extraordinary trip. We never see those pictures of the from Indiana, the home State of my Before I yield to the gentleman from Iraqi people themselves confronting colleague who led this delegation. We Iowa (Mr. KING), who led his own dele- the insurgents and confronting them asked him about what does it mean to gation in August to Operation Iraqi

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20246 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Freedom, I wanted to reflect for just a needed. And he said shyly, Sir, we have are winning it because we have stood few minutes, Mr. Speaker, on a few of everything we need. I am with a great up 100,000 Iraqis in uniform in the last the soldiers I met from Indiana, the unit. Then I heard a shout, 2 minutes. 12 months and are on track to stand up kind of people the gentleman from As I started to move toward the edge, another 100,000 in the next 12. And they Texas (Mr. HENSARLING) was just talk- I said, Ty, I want you to know the peo- are winning it because democracy is ing about. ple back in Anderson are praying for steadily advancing in a nation condi- In fact, a very detailed version of this you, and he looked at me with that shy tioned by thousands of years of appears on my Web site, smile, and he said, Glad to do it, sir. authoritarianism, but it is advancing MikePence.House.gov on our Web log, We made our way to the mess hall to nonetheless with a constitutional ref- or blog as it has come to be known. I meet with the balance of the 138 Signal erendum around the corner. We are literally sat down on the airplane fly- Battalion. I do not know what I ex- winning the war in Iraq. ing back from Iraq and typed up my re- pected when we went there. I sure did Mr. Speaker, I am happy to yield to flections and remembrances while they not expect to see this bright, good- the gentleman from Iowa (Mr. KING), were still fresh, and I want to excerpt looking group of men and women, faces who has been a tireless advocate of our them for just a second, if I can. shining like the morning, morale high, soldiers in the field in Iraq and Afghan- This first photograph is my conversa- proud to be where they are, even istan. He has just returned from lead- tions with Sergeant Matt Wright, an though they are 8,000 miles away from ing his own delegation there, and I extraordinary young man from Muncie, their families. I sure did not expect to thought it altogether fitting that he Indiana, and part of A Company of the hear the optimism in their voices. One and other colleagues associated with 138th Signal Battalion stationed in of the soldiers said it got way better in his travels might seize the opportunity Ramadi. To speak about the kind of Ramadi in the last year. To hear sol- of this Special Order to reinforce our dedication that my colleague just re- diers say it has got way better, the firsthand account of what is really hap- flected on, as I talked to Sergeant people on the ground living it, was very pening in Iraq, because what is hap- Wright, he said, with the same kind of encouraging to me. pening is we are winning in Iraq. smile you see in this photograph, he I was profoundly moved when one Mr. KING of Iowa. Mr. Speaker, I thank the gentleman from Indiana (Mr. said, ‘‘Yes, sir, it is good to have you soldier after another asked about the PENCE) and count it a privilege to here. Yesterday was supposed to be my families and communities affected by stand on the floor of the United States wedding day.’’ And I said, ‘‘Did you put Hurricane Katrina. These soldiers are Congress with the gentleman from it off?’’ He said, ‘‘No, sir. We moved it 8,000 miles away from their families, Texas (Mr. HENSARLING) and a number up 9 months so we could be married a moms and dads, wives and kids, in 110 of our colleagues who have come down couple of months before I deployed for degree heat, and they are asking about here to speak out in defense of our 18 months to serve my country in New Orleans. They are Americans. country. Iraq.’’ I mean, here was a man’s dedica- They are an extraordinary lot. As our Black Hawk helicopter lifted I consider it also a duty to go to the tion to his beautiful wife and his dedi- Middle East from time to time and Iraq off from Ramadi, I watched the front cation to his country on full display. in particular and visit with our soldiers lines on the war on terror, and I felt Sergeant Matt Wright. over there. The first time I went was in humbled by the men and women of the We began making our way to the October 2003. I had some trepidation on 138th that you see in this picture; and mess hall that evening, Mr. Speaker, in my way over there, not so much con- I felt more confident than ever in the Ramadi. And Ramadi is principally the cerned about myself because once the justness of our cause and the war location of an enormous division of Ma- decision is made to go, security is out against terror and the belief it is vital rines who engage every night in the of my hands and into the hands of oth- to provide these men and women the very dangerous patrols of this provin- ers. But I did not want to be in the resources to succeed. That begins by cial capital of the west, of Iraq. In fact, way. I did not want to go over there many of the military commanders with understanding that they are winning and have people who had a duty to do whom we spoke said, even more than the war now, based on their profes- look and say, What is that Member of Baghdad, in the months ahead as we sionalism, their commitment, their Congress doing here? Is he here for po- make that steady, to use my col- courage and the faith I encouraged in litical reasons? What is his gig, so to league’s term, sometimes halting them, faith in God, faith in the coun- speak. progress towards democracy and sta- try, and I say again, their faith in this I had that same feeling when I went bility, much of the future fighting will mission. to the hospitals at Bethesda and Wal- take place in Ramadi, and it will be I am going to go home this weekend ter Reed to visit the wounded soldiers. done by these brave Marines. and spend time with people at home, I asked myself, how are they going to but I know the most bone-jarring thing b 1815 react? I found out that they are glad to that I have said to my constituents and see a face that cares, a face that is in- So we stopped on our way to the mess colleagues, in two 20-plus hour days in terested in what they are doing and is hall, and these five politicians started Iraq, I did not meet a soldier who did part of the team. We are part of the reaching up and shaking hands on not believe in the mission. General team. these enormous amphibious vehicles, Mark O’Neill of the 3rd ID, I looked at As the gentleman from Indiana (Mr. and suddenly I heard a voice say, Are him and said we appreciate your lead- PENCE) mentioned, the kind of spirit, you not going to say hello to the only ership. He said to me, Sir, it is a privi- the shining faces that are there, and I Hoosiers here? lege to be here, but we have to stop wrote down a couple of things. It shift- I stopped and looked up and saw this these guys right here. ed my agenda here. One is it is an bright, freckled red head, a huge, strap- General Abizaid said to us, I think image that I will never forget and it ping Marine named Ty Cotton from An- the most unreported story in America was perhaps a year ago. I went to the derson, Indiana. Ty leaned down and is how dangerous these guys are. If hospital at Bethesda and I am sched- helped me climb up on that vehicle they get hold of this country the way uled to do that about every quarter to where we had a chance to visit for just they want to and become a petroleum make sure that I have the feel for the a few minutes. As I talked to Ty about power, these guys are the Nazis from kind of sacrifice that these brave men his mom, Marla, back in Anderson, I the 1920s. and women are making. promised to look in on her and give her To understand that in this environ- I remember walking into a room. a report on how well he looked. We ment, as tough as it is, these soldiers There was a Marine captain in the heard the commander in the back- are winning the war in Iraq. They are room who had lost a leg right below ground yell, 5 minutes. winning it because we have never lost a the knee. His spirit was good, and he I asked if there was anything we military tactical engagement. We have was strong. I said, what is in your fu- could do, if he had everything that he never so much as lost a platoon. They ture? And he said, I am going to stay in

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20247 the Marine Corps. I am going to get I took a ride in an Iraqi navy patrol there. With $70 a barrel oil, that makes therapy and get this prosthetic leg and boat. Most Americans do not think Iraq look even better from an economic be going, and maybe I cannot get back about Iraq having a navy. They have an viability standpoint. into combat; but I am a Marine, and 800-man navy being trained by the From there we boarded some British that is my profession. British Royal Navy. We took a flight helicopters, and the British are great. I asked, Is anything else going to right around the harbor. They are Their service is good; they are profes- change? He said, Yes, my wife and I are proud of what they do. sional. They give you a sense of secu- going to start a family right away. I was standing there in the head- rity. They showed us the ports, and That is the kind of dedication that is quarters at the command central, the then we landed and walked around and there. command headquarters in Basra of all took a look and had a briefing. After Also, one of the other anecdotes that of the provinces in the southern part of we looked at that, we flew over the came to me, when I visited with the Iraq, and I looked around me and I wetlands where 800,000 Iraqis lived up 168th National Guard unit out of Shel- started to identify where some of these until a little more than a decade ago don, Iowa, and fortunately I was able soldiers were from. I started to look at when some of them rose up against to break bread in the mess hall with the flag on their shoulders. In that Saddam Hussein, and he went down and them, a couple of them had been back group of about 15 or 18 soldiers, I killed about 120,000 of them, drove be- home for their 14 days of leave. They picked out soldiers from the U.S., Brit- tween 400,000 and 450,000 out of there, were the two with suntans, and they ain, Australia, Iraq, they are part of and shut the water off. had gotten their suntan in Iowa. One of the coalition, they are with us, the b 1830 them said, I have been here, serving Netherlands, Romania, and Denmark, That area is twice the size of the Ev- here for months and I went home for all in that cluster of 15 or 18 soldiers, erglades, 8,000 square miles; and Sad- my 14 days of leave and I started that many different countries rep- dam drove the population from 800,000 watching television. I thought gra- resented. I hear the criticism, this is down to about 200,000 by drying them cious, things have gotten a lot worse not a coalition. Yes, it is. They are out, starving them out, and just going since when I went on leave. I wonder working with each other. down and killing them. That was an what it is going to be like when I go I received a briefing from the British impressive thing to see; and it is an- back. He came back, and it was just general, General Denton. He filled us in other place that has now been recov- the same as when he left. on the current events and the tactics. ered, about 40 percent of the 8,000 The question I continually get asked It is fairly stable in the southern part square miles, because we have turned is, It is our duty to fight the enemy, of the country. One of the things that the water back into the wetland rather but why do we have to fight the United he said that will stick with me is, ‘‘I than diverted it away. States media at the same time? can think of no alternative but opti- And then from there we went up to The media is always looking for the mism.’’ I like that phrase. If you do not another place that a lot of Members very worst component of the worst ele- believe that Iraq can be a free people, have not gone to, but some have been ment they can find so they can get the it can be a stable country, an oil-pro- up there, and that is up to Kirkuk to maximum kind of sensationalism, but ducing country, a country that starts the oil fields in the north. And up not get that broad perspective of what to export dates again and the 28 mil- there, there is so much oil that some of is going on over there. lion people there can put their lives the oil seeps to the top of the ground. So I went over on the 15th of August back together again, what is your be- Where there is a pool of oil in what one and came back on the 20th. The heat lief? How would you construct an Iraq? might call a sand trap, there is a pud- got up to 128 degrees. A piece of infor- How would you want to direct that dle of oil in there. It is not a spill. It is mation that I received from those Iowa country if you were not an optimist? natural flowing oil that seeps to the farm boys, I could never figure out why I do not want to be involved in any top of the ground. is it nothing was growing along the ir- planning done by anyone other than by And there were oil spills too, as one rigation ditches, why there was water optimists. I cannot have a pessimist might expect in a country like that. A and not a blade of grass next to it. there, I cannot even have one of those lot of oil in the north that needs a lot Those Iowa farmers, they put a ther- realists there because realists, just by of development, too; and they need to mometer in the soil, 154 degrees was definition, cannot follow a dream. They be able to get it to market. And here is the soil temperature. We plant corn at want to drag down someone else’s, but one of the reasons why not. This is a 54 degrees. At 154 degrees, it sterilizes they cannot follow a dream. Our sol- pair of bridges, and these bridges were the seed and would cook anything to diers are there, and they are following blown during the liberation of Iraq. If I some of the level that they do in the a dream. The Iraqi people are following have got the bridges right, and I be- restaurants in this city. a dream. They have their first grasp at lieve it was this one, there were nine We went to some unusual places. I freedom. pipelines tied to that bridge that went asked to go to some of those places be- We looked at the oil field in the underneath there, and, of course, all cause I think we need to hear some south, the distribution lines, the plat- nine pipelines got knocked out. from that area. I believe we were the forms where they load the oil out on So we put a lot of those pipelines first congressional delegation to go supertankers. There is a lot of oil in back together, but one of them is a 40- down to Basra in the south. We went in the south in Basra. The equipment that inch pipeline, a pretty good size pipe- there to that region, and there are two is there is archaic. It goes back to the line, 40 inches in diameter, so 31⁄2 feet; ports where the Tigris and the Euphra- 60s, and it is going to take a lot of cap- and each time we would put that back tes rivers come together. There are two ital to get those oil fields back up to together, then the enemy would blow it ports and most of the water freight the level they need to be to get the again. So we brought a contractor in that comes in and out of Iraq has to go country back on a fiscal track so they there to take that 40-inch pipeline and through there. We visited a port where can fund their own construction and lay it underneath the Tigris River, 25 there is an Iraqi manager who has been fund their own growth and develop- feet under the Tigris River, by the way, there for 8 months. He increased pro- ment of Iraq. They are a long ways so it is a little hard for them to dig duction by 400 percent in 8 months. He away from that. down there and blow that up, and that did not understand the free enterprise The country is far more stable, but will give it a little more security. It is system, however. He did not under- they need outside capital from other one of the pieces of the infrastructure stand that gross receipts were not prof- countries in the world and from multi- that has been put together. it; you had to subtract the expenses. national corporations that will go in After Hurricane Katrina, $18.4 billion They are missing a little free enter- and place a bet on Iraq. It will be a almost sounds like loose change but prise culture, and we can help them very safe bet because the oil is there. $18.4 billion across a country of 28 mil- with that. There is no question the market is lion people the size of California that

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20248 CONGRESSIONAL RECORD—HOUSE September 14, 2005 had been allowed to depreciate, erode, call it the American-Iraq Chamber of As the politicians and the military, dilapidate itself over the last 35 years Commerce in Baghdad. They asked me we will have 200,000 in uniform by next or more and a country that needs to be if I would give a speech. spring, and they are leading the battle brought back up into the modern era. Yes, I will do that, but where is my over there; and Americans are stepping A country that could not produce interpreter? back. And we have handed over a base enough electricity so they had to turn Well, you do not need one because now to the control of the Iraqi troops. the lights off periodically, even in the these people all speak English. Signs are positive. The free enterprise cities that got the preferred power. And I thought that was kind of a tell- side is coming along. They will get a And now we are distributing power to ing thing, and there were, I think, 56 of constitution ratified. When they do, everybody equally, and the power is up them there, somewhere between 55 and they can sign a contract to develop to about 13 hours a day, kind on an av- 60 Iraqi business people that are mem- that oil. When they develop that oil, erage for everybody in Iraq. bers of the chamber of commerce that that money will come into their cof- But every time we raise the genera- want to do business. They want to get fers, and they can develop their coun- tion up and produce more electricity, free enterprise going, and they just try. That is the formula for success in then more Iraqis go out and buy the want to have a chance. The message Iraq. satellite dish, I say to the gentleman that I carried to them was a message I appreciate the gentleman from In- that America is not going to be the from Texas (Mr. HENSARLING), or they diana (Mr. PENCE) yielding to me, and go out to buy an air conditioner. And if economic salvation for Iraq. Iraqis are I appreciate his leadership on this; and I had to choose between the two, I going to be the economic salvation for I look forward to the day that we can would take the air conditioner and skip them. They are going to need to build celebrate a victory in Iraq. the television, by the way. But when those traditions of free enterprise. Mr. PENCE. Mr. Speaker, reclaiming they buy the air conditioners, the de- They are going to have to build the in- my time, I thank the gentleman for his stitutions of business that go along tireless efforts to see firsthand. This is mand for power goes up and up and up, with this free enterprise structure and a congressman from Iowa who, when and we cannot quite catch up with the culture that we have in the United there are controversies in the Federal equation of how much generation do we States of America. courts, is on the steps of the court- have to put in place before it meets the They have got a great start if that house. I know for a fact this weekend demand. But we are putting generation many of them can communicate with that he was in a Black Hawk helicopter in place. the rest of the world through a com- flying over New Orleans and dining and I have here a picture of the mother- mon form of communication currency supping with the people that are deal- of-all-generators. This generator came called English. But they have got a lot ing with Hurricane Katrina. For him to across 1,057 kilometers of not always of cultures to establish. If the manager be here tonight to add this critical, im- friendly territory. In fact, a lot of it of the port city down near Al Basrah portant dimension, as the gentleman was hostile territory. It came in sev- does not understand the equation be- from Texas (Mr. HENSARLING), whom I eral loads, but there were two big tween gross receipts less expenses will yield to in a moment, and I were loads. For me, I am a guy who has equals net income, it does not mean he there focusing on the security in the hauled some heavy loads. A 400-ton is not a good manager. It just means Sunni Triangle, for him to come here generator, 325-ton turbine, and they that there is a blank space in their up- and add to the record tonight that in came in a caravan with other equip- bringing, and I want to see the free en- realtime in the last several weeks the ment that was about a mile long, and terprise culture established and grow. investment the American people are this has all been set up now and up and We can use American business people making in reconstructing this country going. Actually, it is going to be for- over there. is working. It is having its good effect. mally put on line in about January. The security part is the part that I An Iraqi chamber of commerce is not But this mother-of-all-generators has have the least amount of advice for be- something we are seeing on the CBS been brought all across that territory, cause we have the highest degree of Evening News, but it is happening; and could not have a bullet wound in the professionals that are there providing I am grateful to the gentleman from generator, came through safe and security. Soldier after soldier, when I Iowa for bringing that perspective to sound, the generator, the turbine, and looked them in the eye, I came back bear and just for being who he is. the rest of that. And they have con- from that country, my third trip over Mr. Speaker, I yield to the gentleman structed this together near Kirkuk, there, more confident than ever in the from Texas (Mr. HENSARLING) for any and this power will go to a number of job that they are doing and the secu- closing remarks he might have. the outlying communities as well as rity that is being provided. I believe Mr. HENSARLING. Mr. Speaker, I Kirkuk, and it dramatically kicks up that because of the National Guard and thank the gentleman for yielding to the generation capacity. our Reservists, added to our active me. So I went to see where the money duty personnel, the people that have I just wanted to say that I have been went that would build the infrastruc- more experience than most, that bring privileged to have a number of pro- ture of Iraq. And I saw renovated their professionalism with them, I be- found moments in my life; but I have swamps. I saw sewer plants and lines lieve that we have fielded a military to tell the Members, Mr. Speaker, one that have been constructed. This gen- here of the highest quality of people of the most profound moments I had eration that is here, I am watching ever to go to war, and that is our sol- was traveling to Baghdad, traveling to them as they are constructing, not ex- diers that are over there who are put- these military installations, meeting actly a refinery, but it is a preliminary ting their lives on the line. with our brave men and women, and process to, I think, take the sulfur out General Casey said something that I reaching into my wallet, Mr. Speaker, of the oil that is there. I have watched think we need to remember, and that and pulling out this very small photo work around that country, and I have was, ‘‘The enemy cannot win if the of my two children, and looking these watched the spirit of the people. And politicians stay in the fight,’’ and I be- privates and corporals and sergeants in then from Kirkuk, we flew across in lieve that he meant the politicians the eye and saying, Thank you. Thank Black Hawks down to Baghdad across here on the floor of Congress, Mr. you for what you do to keep my little that vast open space and arrived in Speaker. I believe he meant the House 31⁄2-year-old Melissa and my almost-2- Baghdad. and the Senate. I believe he meant the year-old Travis alive in a safer, more We had to push and hurry because I people who believe, that are setting up secure America. And having them pull was scheduled to meet with the Iraq quasiforeign policy, the people that the out photos of their children and having Chamber of Commerce. I did not think enemy are listening to. We need to them tell me how they know how im- about Iraq as having a chamber of com- send a solid message over to them: we portant it is that they fight for their merce, and they are affiliated with the stay in the fight here; the Iraqis stay families many, many thousands of Americans in a way; so I believe they in the fight there. miles away.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20249 That was a profound moment in my and sacrificing and succeeding in walked out, he and I spoke further about this life because, Mr. Speaker, I still do not bringing them freedom and stability, point and I was moved by his ambition for know if the American people realize which they so richly deserve. his people to live under a just system of law and not of men. what the threat is. There are terrorists With that I thank the gentleman The other moment came when another who have sworn publicly. This is not from Iowa (Mr. KING) and the gen- Congressman asked the Minister of Defense, hyperbole. This is not exaggeration. tleman from Texas (Mr. HENSARLING) ‘‘what neighboring nation represents the They have said on the record they want for joining me tonight. And I close greatest challenge to peace within Iraq’’ to to kill our children. It is that serious. with the thought we are winning the which he replied, ‘‘all of them’’ then added, They want to get their hands on weap- war in Iraq. Never doubt that. ‘‘Kuwait is ok.’’ It was an illuminating mo- ment. I will never forget that this new Iraq ons to attack and annihilate Western TWO DAYS IN IRAQ is, with one exception, floating in a sea of Civilization as we know it. This is their (By Representative Mike Pence) authoritarian regimes with long histories of aim. SEPT. 6, 2005.—Our two days in Iraq began association with terror among their people Mr. Speaker, the insurgents have with a prayer and a brief reading from Psalm and their governments. proven very adept at taking innocent 91. After a short delay caused by an engine Our helicopters set us down at ground zero human life. They are very good at it. failure, we lifted off in the cargo hold of a C– for American forces in Baghdad: Camp Lib- But what they have not proven adept 130 aircraft filled with soldiers and materials erty-home of the legendary 3rd Infantry Di- at is halting this occasionally slow, returning to Operation Iraqi Freedom. On vision under the Command of General Mark the faces of the soldiers we met aboard the O’Neill. As we learned earlier, most of the awkward, clumsy, but inexorable, aircraft, most of whom were returning from terrorist violence in Iraq is taking place in 4 march towards democracy in Iraq. leave, was the evident anxiety of men re- of the 18 provinces . . . a1l 4 are in the area They have not stopped it, Mr. Speaker. turning to battle and sober determination. I under the control of the 3rd ID. But Gen. People show up. They brave bombs and overheard one soldier tell a colleague, ‘‘I’m O’Neill, a thick-necked warrior with the bullets to cast their ballots. And as we here for my family, my kids and my mind of a CEO, said, ‘‘Hey, it’s what we do help this democracy flourish in Iraq, grandkids . . . so they don’t have to deal sir and we’re glad to do it . . . we gotta stop not only are we helping this people in with these guys.’’ these guys right here.’’ Upon arriving at Baghdad airport, we After getting an update on action and this great and wonderful civilization. donned the helmets and body armor that progress, we headed to dinner with the More importantly, we are making would be our wardrobe for the duration of troops including Evansville native Sgt. Dave America safer and more secure. And our stay and climbed aboard a Blackhawk Newland. Dave is part of force protection for that is what it is all about, Mr. Speak- helicopter, destination Phoenix Base, Green the 3rd ID and is approaching 20 years and er. Zone, Baghdad. retirement but, from what he told me, there Mr. PENCE. Mr. Speaker, reclaiming The copters moved fast and low across the is no place he’d rather be. When I asked my time, I thank the gentleman for his landscape of this city of several million. Dif- about the mission, he replied with a smile, ‘‘We need to be here sir.’’ We spoke of home, comments. ferent from my visit to Baghdad in 2004 when the streets were barren, the city sweeping of his plans to move to Washington, Indiana I cannot add to that closing, but will past me below our helicopter was filled with and work for Crane. We spoke of the White simply repeat, Mr. Speaker, we are people bustling about and large roads filled Steamer, a diner in Washington, which winning the war in Iraq. And, Mr. with traffic. The city of Baghdad is no longer turned out to be his Dad’s favorite stop and Speaker, to anyone who is listening in the deserted war zone I saw before. Despite one of mine. For that time we were not what tonight to hear the passion of the gen- the violence of insurgents, Baghdad is alive we are doing (soldier/congressman), we were tleman from Texas (Mr. HENSARLING), again. just a couple of Hoosiers swappin’ stories to hear the progress on the ground on We landed at Phoenix Base in the Green from home. I told him everybody back home Zone and attended meetings with the Amer- civil society that the gentleman from was praying and was proud and he said quiet- ican Commander and the American Ambas- ly, ‘‘I know that, sir.’’ Iowa (Mr. KING) described and to hear sador for situation reports. In our previous As our C–130 took off from Baghdad air- about these soldiers and our effective- meetings in Qatar, the diplomatic and mili- port, I thought of the men of the 3rd ID. I ness, we have never lost a military en- tary authorities spoke of steady progress and thought of the mission. And I thought of Sgt. gagement in 4 years with this enemy. a determined enemy, but there was no hint Dave Newland. By God’s grace does this na- We have never lost so much as a pla- of defeatism or pessimism. As we learned of tion still produces men like that. toon. We are taking the enemy down at over 100 Iraqi Battalions deployed with Day two began at 3:30 a.m. as we headed for a day that would take us to four American a rate of 30 to one that they are taking American forces, schools, basic services, ag- riculture, one is left with the sense that our bases in some of the most violent sectors of down our military personnel. That all folks in Baghdad have a plan and are work- the ‘‘Sunni Triangle.’’ First stop, Camp spells victory. We are winning in Iraq. ing the plan 24/7. As one soldier told me, ‘‘de- Caldwell, near the Syrian border which is But let me leave with one image. As feat the enemy, rebuild the country and give home to the 278th of Tennessee. We were the we flew over Baghdad and over Ramadi, it back to the Iraqis.’’ first delegation of elected officials to ever 150 feet off the deck, Black Hawk heli- From our meetings with American leaders, visit this base and the soldiers seemed de- copters flanked by Apache helicopters, we boarded our motorcade for meetings with lighted to see us...especially Tennessee Con- really scary-looking aircraft, I lost the Prime Minister of Iraq and the Ministers gressman Lincoln Davis. When Lincoln pre- count of the number of men and women of Defense and Interior, three of the most sented the command group with a coin bear- important leaders to the present and future ing the US Capitol and spoke of the time and little boys and little girls running of Iraq. when these Tennessee Vols would ‘‘be a from their homes and waving at our Prime Minister Jaafari greeted us in a for- ’comin home,’’ there wasn’t a dry eye in the helicopter as we sped by. mal setting and spent the first 15 minutes room. And then what broke my heart was expressing the heartfelt condolences of the It being Labor Day, the base had a picnic to see the helmeted soldier take one people of Iraq for the loss of life in Hurricane going on for soldiers off duty, so we made hand off that enormous 50 caliber ma- Katrina. He seemed most determined to con- our way over to throw horseshoes and listen chine gun and extend a gloved hand vey that the insurgents engaged in violence to blue grass music. I asked one soldier after another, ‘‘What would Labor Day be without hurriedly out of the helicopter to wave do not represent the feelings of the people of Iraq. I asked him, ‘‘Who is the enemy?’’ and havin’ a bunch of politicians show up to spoil back to those children and men and he replied with a litany referring to Beirut your picnic?!’’ While the atmosphere was fes- women. They were running towards the in 1983, 9–11, Sharm El Sheik, as all the work tive, when I would ask ‘‘How ya doin?’’ or American helicopters. They were wav- of ‘‘the terrorists.’’ He actually seemed ‘‘How’s everybody back home holdin’ up?’’ ing at the American soldier. slightly indignant about the question . . . as one soldier after another would pause and This was not a put-up job for some though anyone, with any common sense, get that far away look that you would expect politicians flying through Baghdad. It would see that the enemy in Iraq is simply from any soldier on a distant frontier. This was hundreds and hundreds and hun- ‘‘terrorists.’’ unit has lost 12 men but defeated the enemy dreds of people in Baghdad and Balad In our meetings with two government lead- in every engagement. Their effort in training ers, two moments stood out. The Minister of Iraqis has been so successful that their unit and Ramadi throughout the Sunni Tri- Interior, a studious, bearded man, said the actually will not be replaced by American angle who were giving the thumbs up greatest challenge he faced was ‘‘changing forces when they head home in a few months. in a wave of friendship to their lib- the culture of authoritarianism’’ that fol- Iraqis will take over Camp Caldwell. Mission erators, to the people who are fighting lowed the repressive history of Iraq. As we Accomplished Tennessee.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20250 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Our Blackhawk helicopters and their don’t know what I expected to find among hension or removal once they are in Apache helicopter gunship escorts lifted off these troops but what I did find was good this country. from Camp Caldwell at midday for the Amer- spirits, high morale, fitness and a matter of The Government of Mexico actively ican airbase at Balad, another region of re- fact attitude about the work ahead. I asked encourages illegal immigration into cent and intense insurgent activity. As we about the war and many spoke of steady the United States by, among other approached the base by air, I took note of a progress, even in Ramadi. One soldier who large column of black smoke billowing from had already seen a year in theatre said, ‘‘It’s things, publishing how-to books and the far end of the base. As we learned upon gotten way better here in Ramadi from a urging State and local entities to ac- our arrival, at approximately 6 a.m. the base year ago.’’ They were confident Americans cept the metricula consular as valid came under mortar attack by insurgents. doing a hard job in a hard place, but no com- identification. While some equipment was damaged, as we plaints. Granting amnesty to illegal aliens, learned later in the command center from a Mostly they wanted to ask about home. We or even proposing legislation or efforts videotape replay, the enemy fared much talked about Indiana’s response to Hurricane for amnesty for illegal aliens, serves worse. Katrina. They were concerned about how the only to generate more illegal immigra- Using our battlefield technology and real country was holding up after such a tragedy. tion. time intelligence, our forces identified where In a war zone, working in 110-degree heat, If illegal aliens can enter and remain the mortar was fired and tracked 10 insur- sleeping behind sandbags and 8,000 miles gents evacuating the area. With incredible from Mom, Dad, wife and kids . . . and they in the United States with impunity, so, precision, a hellfire missile scored a direct were worried about us. Where do we get men too, can terrorists enter and remain hit on the enemy as the eerie infrared video and women like these? while they plan, rehearse, and carry replay showed. The professionalism of these As our Blackhawk helicopters lifted off out their attacks. forces, young men and women who had to from Ramadi, I watched the sun set over this The failure to control and to prevent make split second decisions to save Amer- desert encampment on the front lines of the illegal immigration into the United ican lives, left most of us speechless. war on terror and I felt humbled by the men States increases the likelihood that We spent lunch with American soldiers in and women I saw, especially the Hoosiers of terrorists will succeed in launching Balad at a huge mess hall while our col- the 138th. I scribbled the names of the men catastrophic or harmful attacks on league from Hawaii, Rep. Ed Case, held his and women I met and purposed to pray for United States soil. own townhall meeting with the 29th Na- them and their families until they return Mr. Speaker, I believe that we should tional Guard out of Hawaii. home . . . victorious, safe and sound. Our last stop of the day was Ramadi, the And I felt more confident than ever that resolve four things. new home of the Anderson, Indiana based this war is just, the battle against terror is First, that the President and the Sec- 138th Signal Battalion under the command of vital and the enemy can and will be defeated retary of Homeland Security should Captain Keith Paris of Marion, Indiana. here and now. I believe that not because of immediately use every tool available Capt. Paris and Sgt. Matt Wright of Muncie the armor, the firepower or the technology to them to secure the borders against met us at the landing zone and escorted us to that swept beneath me as we passed over one illegal entry. the long, sand colored two-story building base after another. I believe that because I Second, the President should an- that these Hoosiers will call home for the have looked into the eyes of the men and nounce publicly that he will oppose next year. Capt. Paris is a determined profes- women fighting this war at every level, and any proposal to grant legal status or sional whose patriotism, love of family and their faith and courage has never and will God exude from every pore of his body. In a never be defeated. amnesty to illegal aliens and that he short briefing in his modest 12x12 head- and the Secretary of Homeland Secu- f quarters office, he explained how A Company rity will use every tool available to was actually supplying all the real time ILLEGAL IMMIGRATION stop illegal immigration into the communications for the ongoing battle in United States and to announce efforts Ramadi, a city of some 500,000, that is the The SPEAKER pro tempore (Mr. for the removal of illegal aliens from provincial capital of the west and a Sunni DENT). Under a previous order of the the United States. elite dominated area. Their sandbag rein- House, the gentleman from Virginia Third, the President and the Sec- forced and camouflaged operations are (Mr. GOODE) is recognized for 5 min- retary of Homeland Security should smack dab in the middle of a bustling base utes. filled with moving tanks, armored vehicles seek the assistance of State and local Mr. GOODE. Mr. Speaker, in a con- law enforcement personnel in enforcing and soldiers . . . and they all depend with tinuing effort to combat the adverse ef- confidence on the 138th. immigration laws, whether through Sgt. Matt Wright of Muncie was an impres- fects that illegal immigration is hav- formal agreements to cooperate or sive young married man who actually told ing on the United States, I have intro- through the elimination of sanctuary me that his wedding was to have occurred duced a concurrent resolution that ex- policies. the day before I arrived, but when word came presses the sense of the Congress that Fourth, the President and the Sec- of his deployment to Iraq, he and his fiance´e the President should immediately and retary of State should warn Mexico decided to move it up nine months to accom- unequivocally call for the enforcement that any further action it takes to en- modate their devotion to each other and our of existing immigration laws in order courage illegal immigration to the nation. to reduce the threat of a terrorist at- On the way to the mess hall, we encoun- United States will be viewed as inter- tered a Marine unit of armored vehicles tack and to reduce the massive influx ference with our domestic laws, in vio- headed out for maneuvers. As we reached up of illegal aliens into the United States. lation of the Vienna Convention on and shook hands with one soldier after an- b 1845 Consular Relations. other, I heard a voice from atop a tank yell, Mr. Speaker, I would like to close by ‘‘Hey, aren’t you gonna say hi to a fellow I will summarize the text of that res- reemphasizing how important it is for Hoosier?!’’ I looked up to see the broad smile olution without the whereas clauses. the position of this body and this gov- of redheaded Cpl. Ty Cotton of Anderson, In- A primary duty of the Federal Gov- ernment to say ‘‘no’’ to illegal immi- diana. He reached down and shook my hand ernment is to secure the homeland and gration, to say ‘‘no’’ to amnesty. When as a voice cried out, ‘‘5 minutes!’’. . . the ensure the safety of the United States time the unit would roll to its duties in amnesty occurs or is expected to occur, Ramadi. I climbed up the side of the vehicle citizens and its lawful residents. the floodgates are wider and more open so we could talk over the din of engines and As a result of the attacks on this for illegal aliens and those who might troop movements. He told me to say hello to country on September 11, 2001, per- harm this country. Our future will be his mom, Marla, back in Anderson and I told petrated by al Qaeda terrorists in the much safer and more secure if we will him I’d look in on her and tell her how good United States, the United States is en- secure our borders and stop illegal im- he looked. As the commanding officer yelled, gaged in a global war on terrorism. migration and give a resounding ‘‘no’’ ‘‘2 minutes!’’ I told him the folks back home Four years after those attacks, there to any amnesty policy. were praying for him, proud and grateful for is still a failure to secure the borders of his service. As I climbed down the side of the f the United States against illegal entry. combat vehicle, Ty smiled and said mod- RECESS estly, ‘‘Glad to do it, sir.’’ The failure to enforce immigration In the mess hall, the young men and laws in the interior means that illegal The SPEAKER pro tempore (Mr. women of the 138th joined me for dinner. I aliens face little or no risk of appre- DENT). Pursuant to clause 12(a) of rule

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20251 I, the Chair declares the House in re- grant program through September 30, 2005, safety, transit, and other programs funded cess subject to the call of the Chair. and for other purposes. out of the Highway Trust Fund pending en- Accordingly (at 6 o’clock and 50 min- H.R. 3104. An Act to provide an extension actment of a law reauthorizing the Trans- utes p.m.), the House stood in recess of highway; highway safety, motor carrier portation Equity Act for the 21st Century. safety, transit, and other. programs funded July 27, 2005: subject to the call of the Chair. out of the Highway Trust Fund pending en- H.R. 3071. An Act to permit the individuals f actment of a law reauthorizing the Transpor- currently serving as Executive Director, tation Equity Act for the 21st Century. Deputy Executive Directors, and General b 2116 July 12, 2005: Counsel of the Office of Compliance to serve AFTER RECESS H.R. 120. An Act to designate the fac1l1ty one additional term. of the United States Postal Service located H.J. Res. 52. An Act approving the renewal The recess having expired, the House at 30777 Rancho California Road in of import restrictions contained in the Bur- was called to order by the Speaker pro Temecula, California, as the ‘‘Dalip Singh mese Freedom and Democracy Act of 2003. tempore (Mrs. CAPITO) at 9 o’clock and Saund Post Office Building’’. July 28, 2005: 16 minutes p.m. H.R. 289. An Act to designate the facility of H.R. 3453. An Act to provide an extension the United States Postal Service located at of highway, highway safety, motor carrier f 8200 South Vermont Avenue in Los Angeles, safety, transit, and other programs funded out of the Highway Trust Fund pending en- REPORT ON RESOLUTION PRO- California, as the ‘‘Sergeant First Class John Marshall Post Office Building’’. actment of a law reauthorizing the Trans- VIDING FOR CONSIDERATION OF H.R. 324. An Act to designate the facility of portation Equity Act for the 21st Century. H. RES. 437, ESTABLISHING THE the United States Postal Service located at July 30, 2005: SELECT BIPARTISAN COMMITTEE 321 Montgomery Road in Altamonte Springs, H.R. 3512. An Act to provide an extension TO INVESTIGATE THE PREPARA- Florida, as the ‘‘Arthur Stacey Mastrapa of administrative expenses for highway, TION FOR AND RESPONSE TO Post Office Building’’. highway safety, motor carrier safety, tran- HURRICANE KATRINA H.R. 504. An Act to designate the fac1l1ty sit, and other programs funded out of the of the United States Postal Service located Highway Trust Fund pending enactment of a Mr. DREIER, from the Committee on at 4960 West Washington Boulevard in Los law reauthorizing the Transportation Equity Rules, submitted a privileged report Angeles, California, as the ‘‘Ray Charles Act for the 21st Century. (Rept. No. 109–221) on the resolution (H. Post Office Building’’. August 1, 2005: Res. 439) providing for consideration of H.R. 627. An Act to designate the facility of H.R. 3423. An Act to amend the Federal the resolution (H. Res. 437) to establish the United States Postal Service located: at Food, Drug, and Cosmetic Act with respect 40 Putnam Avenue in Hamden, Connecticut, to medical device user fees. the Select Bipartisan Committee to In- August 2, 2005: vestigate the Preparation for and Re- as the ‘‘Linda White-Epps Post Office’’. H.R. 1072. An Act to designate the facility H.R. 38. An Act to designate a portion of sponse to Hurricane Katrina, which of the United States Postal Service located the White Salmon River as a component of was referred to the House Calendar and at 151 West End Street in Goliad, Texas, as the National Wild and Scenic Rivers System. ordered to be printed. the ‘‘Judge Emilio Vargas Post Office Build- H.R. 481. An Act to further the purposes of the Sand Creek Massacre National Historic f ing’’. H.R. 1082. An Act to designate the facility Site Establishment Act of 2000. H.R. 541. An Act to direct the Secretary of REPORT ON RESOLUTION PRO- of the United States Postal Service located Agriculture to convey certain land to Lander at 120 East Illinois Avenue in Vinita, Okla- VIDING FOR CONSIDERATION OF County, Nevada, and the Secretary of the In- homa, as the ‘‘Francis C. Goodpaster Post H.R. 889, COAST GUARD AND terior to convey certain land to Eureka Office Building’’. MARITIME TRANSPORTATION County, Nevada, for continued use as ceme- H.R. 1236. An Act to designate the facility ACT OF 2005 teries. of the United States Postal Service located H.R. 794. An Act to correct the south Mr. DREIER, from the Committee on at 750. 4th Street in Sparks, Nevada, as the boundary of the Colorado river Indian Res- ‘‘Mayor Tony Armstrong Memorial Post Of- Rules, submitted a privileged report ervation in Arizona, and for other purposes. (Rept. No. 109–222) on the resolution (H. fice’’. H.R. 1046. An Act to authorize the Sec- Res. 440) providing for consideration of H.R. 1460. An Act to designate the facility retary of the Interior to contract with the the bill (H.R. 889) to authorize appro- of the United States Postal Service located city of Cheyenne, Wyoming, for the storage at 6200 Rolling Road in Springfield, Virginia, priations for the Coast Guard for fiscal of the city’s water in the Kendrick Project, as the ‘‘Captain Mark Stubenhofer Post Of- Wyoming. year 2006, to make technical correc- fice Building’’. tions to various laws administered by H.R. 2361. An Act making appropriations H.R. 1524. An Act to designate the facility for the the Department of the Interior, envi- the Coast Guard, and for other pur- of the United States Postal Service located ronment, and related agencies for the fiscal poses and providing for consideration at 12433 Antioch Road in Overland Park, year ending September 30, 2006, and for other of motions to suspend the rules, which Kansas, as the ‘‘Ed Eilert Post Office Build- purposes. was referred to the House Calendar and ing’’. H.R. 2985. An Act making appropriations ordered to be printed. H.R. 1542. An Act to designate the facility for the Legislative Branch for the fiscal year of the United States Postal Service located ending September 30, 2006, and for other pur- f at 695 Pleasant Street in New Bedford, Mas- poses. sachusetts, as the ‘‘Honorable Judge George H.R. 3045. An Act to implement the Domin- HOUSE BILLS AND JOINT RESOLU- N. Leighton Post Office Building’’. TIONS APPROVED BY THE PRESI- ican Republic-Central America-United H.R. 2326. An Act to designate the facility States Free Trade Agreement. DENT of the United States Postal Service located H.J. Res. 59. An Act expressing the sense of The President notified the Clerk of at 614 West Old County Road in Belhaven, Congress with respect to the establishment the House that on the following dates North Carolina, as the ‘‘Floyd Lupton Post of an appropriate day for the commemora- Office’’. he had approved and signed bills and tion of the women suffragists who fought for July 20, 2005: and won the right of women to vote in the joint resolutions of the following titles: H.R. 3332. An Act to provide an extension United States. June 29, 2005: of highway, highway safety, motor carrier August 8, 2005: H.R. 483: An Act to designate a United safety, transit, and other programs funded H.R. 6. An Act to ensure jobs for our future States courthouse in Brownsville, Texas, as out of the highway Trust Fund pending en- with secure, affordable, and reliable energy. the ‘‘Reynaldo G. Garza and Filemon B. Vela actment of a law reauthorizing the Transpor- August 10, 2005: United States Courthouse’’. tation Equity Act for the 21st Century. H.R. 3. An Act to authorize funds for Fed- H.R. 1812. An Act to amend the Public July 1, 2005: eral-aid highways, highway safety programs, Health Service Act to authorize a dem- H.R. 1001. An Act to designate the facility and transit programs, and for other purposes. onstration grant program to provide patient of the United States Postal Service located August 11, 2005: navigator services to reduce barriers and im- at 301 South Heatherwilde Boulevard in H.R. 1132. An Act to provide for the estab- prove health care outcomes, and for other Pflugerville, Texas, as the ‘‘Sergeant Byron lishment of a controlled substance moni- purposes. W. Norwood Post Office Building’’. toring program in each State. July 1, 2005: July 22, 2005: September 2, 2005: H.R. 3021. An Act to reauthorize the Tem- H.R. 3377. An Act to provide an extension H.R. 3645. An Act making emergency sup- porary Assistance for Needy Fam1l1es block of highway, highway safety, motor carrier plemental appropriations to meet immediate

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20252 CONGRESSIONAL RECORD—HOUSE September 14, 2005 needs arising from the consequences of Hur- lative program and any special orders and Content Reports for the third quarter of ricane Katrina, for the fiscal year ending heretofore entered, was granted to: FY 2005 as prepared by the U.S. General September 30, 2005, and for other purposes. (The following Members (at the re- Services Administration; to the Committee on Government Reform. f quest of Ms. WOOLSEY) to revise and ex- 3872. A letter from the Acting Inspector SENATE BILLS AND JOINT RESO- tend their remarks and include extra- General, General Services Administration, LUTIONS APPROVED BY THE neous material:) transmitting the Audit Report Register, in- cluding all financial recommendations, for PRESIDENT Ms. WOOLSEY, for 5 minutes, today. Mr. BROWN of Ohio, for 5 minutes, the period ending March 31, 2005, pursuant to The President notified the Clerk of today. 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the House that on the following dates the Committee on Government Reform. Mr. EMANUEL, for 5 minutes, today. 3873. A letter from the Librarian of Con- he had approved and signed bills and Mr. DEFAZIO, for 5 minutes, today. gress, Library of Congress, transmitting the joint resolutions of the Senate of the Ms. KAPTUR, for 5 minutes, today. Annual Report of the Library of Congress, following titles: Mr. HINCHEY, for 5 minutes, today. for the fiscal year ending September 30, 2004, June 29, 2005: Ms. EDDIE BERNICE JOHNSON of Texas, pursuant to 2 U.S.C. 139; to the Committee S. 643. An Act to amend the Agricultural for 5 minutes, today. on House Administration. Credit Act of 1987 to reauthorize State medi- 3874. A letter from the Principal Deputy Mr. SANDERS, for 5 minutes, today. Assistant Secretary for Indian Affairs, De- ation programs. (The following Members (at the re- July 9, 2005: partment of the Interior, transmitting a pro- S. 714. An Act to amend section 227 of the quest of Mr. POE) to revise and extend posed plan under the Indian Tribal Judge- Communications Act of 1934 (47 U.S.C. 227) their remarks and include extraneous ment Funds Act, 25 U.S.C. 1401et seq., for the relating to the prohibition on junk fax trans- material:) use and distribution of the settlement funds missions. Mr. MCCAUL of Texas, for 5 minutes, to the Confederated Tribes of the Warm July 12, 2005: today. Springs Reservation (Tribe); to the Com- S. 1282. An Act to amend the Communica- mittee on Resources. Mr. PAUL, for 5 minutes, September 3875. A letter from the Acting Deputy As- tions Satellite Act of 1962 to strike the pri- 15. sistant Administrator for Operations, NMFS, vatization criteria for INTELSAT separated Mr. HULSHOF, for 5 minutes, today. National Oceanic and Atmospheric Adminis- entities, remove certain restrictions on sepa- tration, transmitting the Administration’s rated and successor entities to INTELSAT, (The following Members (at their own final rule — Fisheries of the Northeastern and for other purposes. request) to revise and extend their re- United States; Atlantic Deep-Sea Red Crab July 9, 2005: marks and include extraneous mate- Fishery; Framework Adjustment 1 to the At- S. 544. An Act to amend title IX of the Pub- rial:) lantic Deep-Sea Red Crab Fishery Manage- lic Health Service Act to provide for the im- Mrs. CHRISTENSEN, for 5 minutes, ment Plan [Docket No. 050510127-5190-02; I.D. provement of patient safety and to reduce today. 050305D] (RIN: 0648-AS35) received August 25, the incidence of events that adversely effect Mr. WATT, for 5 minutes, today. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the patient safety. Mr. GOODE, for 5 minutes, today. Committee on Resources. August 2, 2005: 3876. A letter from the Director, National S. 45. An Act to amend the Controlled Sub- f Oceanic and Atmospheric Administration, stances Act to lift the patient limitation on ADJOURNMENT transmitting the Administration’s 2004 re- prescribing drug addiction treatments by port to Congress on the ‘‘The Status of U.S. medical practitioners in group practices, and Mr. DREIER. Madam Speaker, I Fisheries’’; to the Committee on Resources. for other purposes. move that the House do now adjourn. 3877. A letter from the Acting Director, Of- S. 571. An Act to designate the facility of The motion was agreed to; accord- fice of Sustainable Fisheries, NMFS, Na- the United States Postal Service located at ingly (at 9 o’clock and 17 minutes tional Oceanic and Atmospheric Administra- 1915 Fulton Street in Brooklyn, New York, as tion, transmitting the Administration’s final the ‘‘Congresswoman Shirley A. Chisholm p.m.), the House adjourned until to- rule — Fisheries of the Exclusive Economic Post Office Building’’. morrow, Thursday, September 15, 2005, Zone Off Alaska; Reallocation of Pacific Cod S. 775. An Act to designate the facility of at 10 a.m. in the Bering Sea and Aleutian Islands Man- the United States Postal Service located at agement Area [Docket No. 041126332-5039-02; f 123 W. 7th Street in Holdenvllle, Oklahoma, I.D. 08045C] received August 25, 2005, pursu- as the ‘‘Boone Pickens Post Office’’. EXECUTIVE COMMUNICATIONS, ant to 5 U.S.C. 801(a)(1)(A); to the Committee S. 904. An Act to designate the facility of ETC. on Resources. the United States Postal Service located at 3878. A letter from the Acting Director, Of- 1560 Union Valley Road in West Milford, New Under clause 8 of rule XII, executive fice of Sustainable Fisheries, NMFS, Na- Jersey, as the ‘‘Brian P. Parrello Post Office communications were taken from the tional Oceanic and Atmospheric Administra- Building’’. Speaker’s table and referred as follows: tion, transmitting the Administration’s final rule — Fisheries Off West Coast States and S. 1395. An Act, to amend the Controlled 3868. A letter from the Secretary, Depart- in the Western Pacific; West Coast Salmon Substances Import and Export Act to pro- ment of Agriculture, transmitting a draft of Fisheries; Inseason Action #4 — Adjustment vide authority for the Attorney General to proposed legislation, ‘‘To amend the Cooper- of the Commercial Salmon Fishery from the authorize the export of controlled substances ative Forestry Assistance Act to authorize U.S.-Canada Border to Cape Falcon, Oregon from the United States to another country the Secretary of Agriculture to provide cer- [Docket No. 050426117-5117-01; I.D. 072205G] re- for subsequent export from that country to a tain financial assistance to the Federated ceived August 4, 2005, pursuant to 5 U.S.C. second country, if certain conditions and States of Micronesia, the Republic of the safeguards are satisfied. 801(a)(1)(A); to the Committee on Resources. Marshall Islands, and the Republic of 3879. A letter from the Acting Director, Of- f Palau’’; to the Committee on Agriculture. fice of Sustainable Fisheries, NMFS, Na- 3869. A letter from the Secretary, Federal LEAVE OF ABSENCE tional Oceanic and Atmospheric Administra- Trade Commission, transmitting the Twen- tion, transmitting the Administration’s final By unanimous consent, leave of ab- ty-Seventh Annual Report to Congress con- rule — Fisheries Off West Coast States and sence was granted to: sistent with Section 815 of the Fair Debt Col- in the Western Pacific; West Coast Salmon lection Practices Act, pursuant to 15 U.S.C. Mr. BARTON of Texas (at the request Fisheries; Inseason Action #3 — Adjustment 1692m; to the Committee on Financial Serv- of the Commercial Salmon Fishery from the of Mr. DELAY) for today and September ices. 15 on account of the birth of Jack U.S.-Canada Border to Cape Falcon, Oregon 3870. A letter from the Secretary of the [Docket No. 050426117-5117-01; I.D. 0722205F] Kevin Barton. Council, Council of the District of Columbia, received August 4, 2005, pursuant to 5 U.S.C. Mr. ROYCE (at the request of Mr. transmitting a copy of Council Resolution 801(a)(1)(A); to the Committee on Resources. DELAY) for today on account of official 16-226, ‘‘Sense of the Council in Favor of Fair 3880. A letter from the Acting Director, Of- business. Compensation Resolution of 2005,’’ pursuant fice of Sustainable Fisheries, NMFS, Na- to D.C. Code section 1—233(c)(1); to the Com- tional Oceanic and Atmospheric Administra- f mittee on Government Reform. tion, transmitting the Administration’s final SPECIAL ORDERS GRANTED 3871. A letter from the Chairman, Chris- rule — Fisheries of the Caribbean, Gulf of topher Columbus Fellowship Foundation, Mexico, and South Atlantic; Reef Fish Fish- By unanimous consent, permission to transmitting pursuant to the Accountability ery of the Gulf of Mexico; Trip Limit Reduc- address the House, following the legis- of Tax Dollars Act, the Foundation’s Form tion for Gulf of Mexico Grouper Fishery

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20253 [Docket No. 050209033-5033-01; I.D. 071505C] re- partment’s final rule — Safety Zone; Sabine- Street Bridge, Pineville, LA [COTP New Or- ceived August 4, 2005, pursuant to 5 U.S.C. Neches Canal, Sabine River, Orange, TX leans-05-026] (RIN: 1625-AA00) received Au- 801(a)(1)(A); to the Committee on Resources. [COTP Port Arthur-05-005] (RIN: 1625-AA00) gust 25,2005, pursuant to 5 U.S.C. 801(a)(1)(A); 3881. A letter from the Acting Director, Of- received August 25, 2005, pursuant to 5 U.S.C. to the Committee on Transportation and In- fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Transpor- frastructure. tional Oceanic and Atmospheric Administra- tation and Infrastructure. 3900. A letter from the Chief, Regulations tion, transmitting the Administration’s final 3891. A letter from the Chief, Regulations and Administrative Law, USCG, Department rule — Fisheries Off West Coast States and and Administrative Law, USCG, Department of Homeland Security, transmitting the De- in the Western Pacific; West Coast Salmon of Homeland Security, transmitting the De- partment’s final rule — Safety Zone; Jeffer- Fisheries; Inseason Action #2 — Adjustment partment’s final rule — Safety Zone; Sabine son Parish, 4 Nautical Miles West of of the Commercial Salmon Fishery from the Pass, Sabine, TX [COTP Port Arthur-05-007] Barataria Pass, extending from the North U.S.-Canada Border to Cape Falcon, Oregon (RIN: 1625-AA00) received August 25, 2005, Shore of Hackberry Bay to the South Shore [Docket No. 040429134-4135-01; I.D.072205E] re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of West Champagne Bay, in the vicinity of ceived August 4, 2005, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- Mendicant Island, LA [COTP New Orleans-05- 801(a)(1)(A); to the Committee on Resources. ture. 027] (RIN: 1625-AA00) received August 25, 2005, 3882. A letter from the Acting Director, Of- 3892. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Sustainable Fisheries, NMFS, Na- and Administrative Law, USCG, Department mittee on Transportation and Infrastruc- tional Oceanic and Atmospheric Administra- of Homeland Security, transmitting the De- ture. tion, transmitting the Administration’s final partment’s final rule — Safety Zone; Sabine- 3901. A letter from the Chief, Regulations rule — Fisheries of the Exclusive Economic Neches Canal, Sabine River, Orange, TX and Administrative Law, USCG, Department Zone Off Alaska; Pacific Ocean Perch in the [COTP Port Arthur-05-006] (RIN: 1625-AA00) of Homeland Security, transmitting the De- West Yakutat District of the Gulf of Alaska received August 25, 2005, pursuant to 5 U.S.C. partment’s final rule — Safety Zone; St. [Docket No. 041126333-5040-02; I.D.071505B] re- 801(a)(1)(A); to the Committee on Transpor- Louis Bay, Bay St. Louis, MS [COTP New ceived August 2, 2005, pursuant to 5 U.S.C. tation and Infrastructure. Orleans-05-028] (RIN: 1625-AA00) received Au- 801(a)(1)(A); to the Committee on Resources. 3893. A letter from the Chief, Regulations gust 25, 2005, pursuant to 5 U.S.C. 3883. A letter from the Assistant Attorney and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Transpor- General, Department of Justice, transmit- of Homeland Security, transmitting the De- tation and Infrastructure. ting the 2004 annual report on the activities partment’s final rule — Safety Zone; Sabine 3902. A letter from the Department of and operations of the Public Integrity Sec- Pass, Sabine, TX [COTP Port Arthur-05-008] Homeland Security, transmitting the De- tion, Criminal Division, pursuant to 28 (RIN: 1625-AA00) received August 25, 2005, partment’s final rule — Safety Zone; Cum- U.S.C. 529; to the Committee on the Judici- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- berland River, Mile Markers 124.0 to 125.0, ary. mittee on Transportation and Infrastruc- Clarksville, TN [COTP Ohio Valley-05-001] 3884. A letter from the Secretary of the ture. (RIN: 1625-AA00) received August 25, 2005, Council, Council of the District of Columbia, 3894. A letter from the Chief, Regulations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting a copy of Council Resolution and Administrative Law, USCG, Department mittee on Transportation and Infrastruc- 16-225, ‘‘Sense of the Council in Favor of the of Homeland Security, transmitting the De- ture. 3903. A letter from the Deputy Director, Renewal of the Voting Rights Act of 1965 partment’s final rule — Safety Zone; Neches Bureau of Transportation Statistics, Depart- Resolution of 2005,’’ pursuant to D.C. Code River, Port Neches, TX [COTP Port Arthur- ment of Transportation, transmitting the section 1—233(c)(1); to the Committee on the 05-009] (RIN: 1625-AA00) received August 25, Transportation Statistics Annual Report Judiciary. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2004, pursuant to 49 U.S.C. 111(f); to the Com- 3885. A letter from the Assistant Secretary Committee on Transportation and Infra- mittee on Transportation and Infrastruc- of the Army for Civil Works, Department of structure. ture. Defense, transmitting a recommendation of 3895. A letter from the Chief, Regulations 3904. A letter from the Administrator, Gen- the Army Coprs of Enginneer’s plan to deep- and Administrative Law, USCG, Department eral Services Administration, transmitting ening and widening of a section Jackson Har- of Homeland Security, transmitting the De- an informational copy of a Report of Build- bor, Florida; to the Committee on Transpor- partment’s final rule — Safety Zone; Sabine- ing Project Survey for Council Bluffs, IA, tation and Infrastructure. Neches Canal; Port Arthur, TX [COTP Port pursuant to 40 U.S.C. 606(a); to the Com- 3886. A letter from the Chief, Regulations Arthur-05-011] (RIN: 1625-AA00) received Au- mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department gust 25, 2005, pursuant to 5 U.S.C. ture. of Homeland Security, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- 3905. A letter from the Acting Director, Of- partment’s final rule — Safety Zone; Tampa tation and Infrastructure. fice of Sustainable Fisheries, NMFS, Na- Bay, FL [COTP Tampa 05-093] (RIN: 1625- 3896. A letter from the Chief, Regulations tional Oceanic and Atmospheric Administra- AA00) received August 25, 2005, pursuant to 5 and Administrative Law, USCG, Department tion, transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on of Homeland Security, transmitting the De- rule — Fisheries of the Exclusive Economic Transportation and Infrastructure. partment’s final rule — Safety Zone; Colo- Zone Off Alaska; Pacific Ocean Perch in the 3887. A letter from the Chief, Regulations rado River, Parker, AZ [COTP San Diego 05- Central Aleutian District of the Bering Sea and Administrative Law, USCG, Department 011] (RIN: 1625-AA00) received August 25, 2005, and Aleutian Islands Management Area of Homeland Security, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 041126332-5039-02; I.D. 071205A] re- partment’s final rule — Safety Zone; Tampa mittee on Transportation and Infrastruc- ceived August 2, 2005, pursuant to 5 U.S.C. Bay, FL [COTP Tampa 05-095] (RIN: 1625- ture. 801(a)(1)(A); to the Committee on Transpor- AA00) received August 25, 2005, pursuant to 5 3897. A letter from the Chief, Regulations tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department 3906. A letter from the Chairman, United Transportation and Infrastructure. of Homeland Security, transmitting the De- States International Trade Commission, 3888. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Napa transmitting the Commission’s report enti- and Administrative Law, USCG, Department River, California [COTP San Francisco Bay tled, ‘‘The Year in Trade 2004: Operation of of Homeland Security, transmitting the De- 05-005] (RIN: 1625-AA00) received August 25, the Trade Agreements Program,’’ prepared partment’s final rule — Safety Zone for Al- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the in conformity with Section 163(c) of the bert Whitted Air Show; Tampa Bay, FL Committee on Transportation and Infra- Trade Act of 1974; to the Committee on Ways [COTP Tampa 05-027] (RIN: 1625-A00) received structure. and Means. August 25, 2005, pursuant to 5 U.S.C. 3898. A letter from the Chief, Regulations 3907. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department Administrator for Congressional Relations, tation and Infrastructure. of Homeland Security, transmitting the De- Environmental Protection Agency, transmit- 3889. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Las ting two proposed bills to amend the Toxic and Administrative Law, USCG, Department Mareas Bay, Guayama, Puerto Rico [COTP Substances Control Act (TSCA) and the Fed- of Homeland Security, transmitting the De- San Juan 05-046] (RIN: 1625-AA00) received eral Insecticide, Fungicide and Rodenticide partment’s final rule — Safety Zone; Illinois August 25, 2005, pursuant to 5 U.S.C. Act (FIFRA); jointly to the Committees on River Mile Marker 50.0 to Mile Marker 187.0, 801(a)(1)(A); to the Committee on Transpor- Agriculture and Energy and Commerce. IL [COTP St. Louis-05-001] (RIN: 1625-AA00) tation and Infrastructure. 3908. A letter from the Assistant Secretary received August 25, 2005, pursuant to 5 U.S.C. 3899. A letter from the Chief, Regulations for Policy, Management and Budget, Depart- 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department ment of the Interior, transmitting the De- tation and Infrastructure. of Homeland Security, transmitting the De- partment’s report on the impacts of the 3890. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Red Compacts of Free Association with the Re- and Administrative Law, USCG, Department River, 500 feet North and South of Mile public of Palau, the Federated States of Mi- of Homeland Security, transmitting the De- Marker 103.2, in the vicinity of the Jackson cronesia, and the Republic of the Marshall

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20254 CONGRESSIONAL RECORD—HOUSE September 14, 2005

Islands, pursuant to Public Law 108–188, sec- force, for a period to be subsequently deter- KILPATRICK of Michigan, Mr. COSTA, tion 104(e)(8); jointly to the Committees on mined by the Speaker, in each case for con- Mr. CLEAVER, Mr. ISRAEL, Ms. Resources and International Relations. sideration of such provisions as fall within DEGETTE, Mr. DOYLE, Ms. ESHOO, Mr. f the jurisdiction of the committee concerned. MOLLOHAN, Mr. CONYERS, Mr. OLVER, By Mr. BOUSTANY (for himself, Mr. Mr. BERMAN, Mr. DAVIS of Illinois, REPORTS OF COMMITTEES ON BOEHNER, Mr. MCKEON, Mr. MARCH- Mr. BUTTERFIELD, Mr. LARSON of Con- PUBLIC BILLS AND RESOLUTIONS ANT, Mr. JINDAL, Mr. BAKER, and Mr. necticut, Ms. VELA´ ZQUEZ, Mr. Under clause 2 of rule XIII, reports of ALEXANDER): MCNULTY, Mr. RUPPERSBERGER, Mr. H.R. 3761. A bill to provide special rules for committees were delivered to the Clerk NEAL of Massachusetts, Ms. CARSON, disaster relief employment under the Work- Ms. NORTON, Mr. PRICE of Georgia, for printing and reference to the proper force Investment Act of 1998 for individuals Mr. HASTINGS of Florida, Mr. EMAN- calendar, as follows: displaced by Hurricane Katrina; to the Com- UEL, Mr. WEXLER, Mr. CAPUANO, Mrs. Mr. DREIER: Committee on Rules. House mittee on Education and the Workforce. CAPPS, Ms. SCHWARTZ of Pennsyl- Resolution 437. Resolution to establish the By Mr. BOEHLERT (for himself, Mr. vania, Mr. WYNN, Ms. CORRINE BROWN Select Bipartisan Committee to Investigate MARKEY, Mr. PLATTS, Mr. LEWIS of of Florida, Mr. CHANDLER, Mr. FRANK the Preparation for and Response to Hurri- Georgia, Mr. KIRK, Mr. MENENDEZ, of Massachusetts, Mr. BOSWELL, Mr. cane Katrina (Rept. 109–220 Pt. 1). Referred Mr. GILCHREST, Ms. ESHOO, Mr. BART- BECERRA, Ms. WATSON, Ms. MOORE of to the House Calendar. LETT of Maryland, Mr. MILLER of Wisconsin, Mr. LEWIS of Georgia, Mr. Mr. DREIER: Committee on Rules. House North Carolina, Mr. LEACH, Mr. CARDOZA, Mr. BERRY, Mrs. LOWEY, Resolution 439. Resolution providing for the OLVER, Mr. SHAYS, Mr. CARDOZA, Mr. Mr. PAYNE, Mr. LARSEN of Wash- consideration of the resolution (H. Res. 437) GERLACH, Ms. SOLIS, Mrs. JOHNSON of ington, Mr. STRICKLAND, Ms. ROYBAL- to establish the Select Bipartisan Com- Connecticut, Mrs. CAPPS, Mr. ALLARD, Mr. SCOTT of Georgia, Mr. mittee to Investigate the Preparation for LAHOOD, Mr. HINCHEY, Mr. JOHNSON MATHESON, Mr. ORTIZ, Mr. POMEROY, and Response to Hurricane Katrina (Rept. of Illinois, Mr. PALLONE, and Mr. Mr. MELANCON, Mr. WEINER, Mr. 109–221). Referred to the House Calendar. LOBIONDO): PRICE of North Carolina, Mr. BAIRD, Mrs. CAPITO: Committee on Rules. House H.R. 3762. A bill to require higher stand- Mr. KIND, Mr. SMITH of Washington, Resolution 440. Resolution providing for the ards of automobile fuel efficiency in order to and Mr. KENNEDY of Rhode Island): consideration of the bill (H.R. 889) to author- reduce the amount of oil used for fuel by H.R. 3763. A bill to reinstate the applica- ize appropriations for the Coast Guard for automobiles in the United States by 10 per- fiscal year 2006, to make technical correc- cent beginning in 2016, and for other pur- tion of the wage requirements of the Davis- tions to various laws administered by the poses; to the Committee on Energy and Com- Bacon Act to Federal contracts in areas af- Coast Guard, and for other purposes and pro- merce. fected by Hurricane Katrina; to the Com- viding for consideration of motions to sus- By Mr. GEORGE MILLER of California mittee on Education and the Workforce. pend the rules (Rept. 109–222). Referred to the (for himself, Mr. OWENS, Ms. PELOSI, By Mr. HASTINGS of Florida (for him- House Calendar. Mr. VAN HOLLEN, Mr. BROWN of Ohio, self, Mr. MENENDEZ, Ms. PELOSI, Mr. DISCHARGE OF COMMITTEE Ms. DELAURO, Mr. MARKEY, Mr. HOYER, Mr. CLYBURN, Ms. SLAUGHTER, Pursuant to clause 2 of rule XII the HOLT, Mr. LEVIN, Mr. DOGGETT, Mr. Mr. DINGELL, Mr. MCGOVERN, Ms. GRIJALVA, Mr. ROTHMAN, Mr. STARK, MATSUI, Mr. THOMPSON of Mississippi, Committee on House Administration Mr. FARR, Mr. INSLEE, Ms. Mr. CONYERS, Mr. EVANS, Mr. FRANK discharged from further consideration. WASSERMAN SCHULTZ, Mr. ANDREWS, of Massachusetts, Mr. GEORGE MIL- House Resolution 437 referred to the Mrs. MCCARTHY, Mr. HINOJOSA, Mr. LER of California, Mr. GORDON, Mr. House Calendar and ordered to be WU, Mr. NADLER, Mr. RYAN of Ohio, LANTOS, Mr. LARSEN of Washington, printed. Mr. AL GREEN of Texas, Mr. Mr. RANGEL, Mr. SKELTON, Mr. MCDERMOTT, Mr. DEFAZIO, Mr. LAN- SPRATT, Ms. VELA´ ZQUEZ, Mr. ACKER- f GEVIN, Mr. HONDA, Ms. LEE, Mr. KIL- MAN, Mr. AL GREEN of Texas, Mr. PUBLIC BILLS AND RESOLUTIONS DEE, Mrs. MALONEY, Mr. KUCINICH, ALLEN, Mr. ANDREWS, Mr. BAIRD, Ms. Under clause 2 of rule XII, public Mrs. CHRISTENSEN, Mr. GUTIERREZ, BALDWIN, Ms. BERKLEY, Mr. BERRY, Ms. SCHAKOWSKY, Mr. REYES, Mr. Mr. BISHOP of Georgia, Mr. BISHOP of bills and resolutions were introduced MICHAUD, Mr. SKELTON, Mr. RANGEL, New York, Mr. BLUMENAUER, Mr. and severally referred, as follows: Mr. ENGEL, Mr. FILNER, Mr. OBER- BOSWELL, Mr. BRADY of Pennsyl- By Mr. KUCINICH (for himself, Mr. STAR, Mr. HIGGINS, Mr. VISCLOSKY, vania, Ms. CORRINE BROWN of Florida, ABERCROMBIE, Ms. BALDWIN, Mr. BOS- Mr. LANTOS, Mrs. DAVIS of California, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. WELL, Ms. CORRINE BROWN of Florida, Ms. JACKSON-LEE of Texas, Mr. CROW- CARDIN, Mr. CARNAHAN, Ms. CARSON, Mr. BROWN of Ohio, Ms. CARSON, Mr. LEY, Ms. MATSUI, Mr. THOMPSON of Mr. CASE, Mrs. CHRISTENSEN, Mr. CLAY, Mr. CONYERS, Mr. CUMMINGS, Mississippi, Mr. SHERMAN, Ms. CLEAVER, Mr. COSTA, Mr. COSTELLO, Mr. DAVIS of Illinois, Mrs. DAVIS of SLAUGHTER, Mr. DINGELL, Mr. ACKER- Mr. CROWLEY, Mr. CUMMINGS, Mrs. California, Mr. DEFAZIO, Mr. EVANS, MAN, Mr. ABERCROMBIE, Mr. SCOTT of DAVIS of California, Mr. DAVIS of Illi- Mr. FALEOMAVAEGA, Mr. FARR, Mr. Virginia, Mr. UDALL of Colorado, Mr. nois, Ms. DEGETTE, Mr. DELAHUNT, FILNER, Mr. GRIJALVA, Mr. GUTIER- DICKS, Mr. JEFFERSON, Mr. RAHALL, Ms. DELAURO, Mr. DICKS, Mr. DOG- REZ, Mr. HINCHEY, Mr. HOLT, Mr. Mr. MCGOVERN, Ms. WOOLSEY, Mr. GETT, Mr. EMANUEL, Mr. ENGEL, Ms. HONDA, Mr. JACKSON of Illinois, Ms. UDALL of New Mexico, Mr. KAN- ESHOO, Mr. ETHERIDGE, Mr. FARR, Mr. JACKSON-LEE of Texas, Ms. EDDIE JORSKI, Mr. HOYER, Mr. MORAN of Vir- FILNER, Mr. GENE GREEN of Texas, BERNICE JOHNSON of Texas, Mrs. ginia, Ms. BALDWIN, Mr. PETERSON of Mr. GONZALEZ, Mr. GRIJALVA, Mr. JONES of Ohio, Ms. KAPTUR, Ms. KIL- Minnesota, Mr. WAXMAN, Ms. MCCOL- GUTIERREZ, Mr. HIGGINS, Mr. HIN- PATRICK of Michigan, Ms. LEE, Mr. LUM of Minnesota, Mr. STUPAK, Mr. CHEY, Mr. HOLDEN, Mr. HOLT, Mr. LEWIS of Georgia, Mrs. MALONEY, Ms. TIERNEY, Mr. BLUMENAUER, Ms. KAP- HONDA, Mr. INSLEE, Ms. JACKSON-LEE MCCOLLUM of Minnesota, Mr. TUR, Mr. RUSH, Mr. COSTELLO, Mr. of Texas, Ms. EDDIE BERNICE JOHNSON MCDERMOTT, Mr. MCGOVERN, Ms. SANDERS, Mr. SABO, Mr. BRADY of of Texas, Mr. KENNEDY of Rhode Is- MCKINNEY, Mr. MEEKS of New York, Pennsylvania, Mr. MENENDEZ, Mr. land, Mr. KILDEE, Ms. KILPATRICK of Mr. GEORGE MILLER of California, Ms. SCHIFF, Mr. OBEY, Ms. ZOE LOFGREN Michigan, Mr. KIND, Mr. KUCINICH, MOORE of Wisconsin, Mr. NADLER, Mr. of California, Ms. MILLENDER-MCDON- Mr. LANGEVIN, Ms. LEE, Mr. LEVIN, OBERSTAR, Mr. OLVER, Mr. OWENS, ALD, Mr. CARDIN, Mr. CARNAHAN, Mr. Mr. LEWIS of Georgia, Mr. LIPINSKI, Mr. PAYNE, Mr. RAHALL, Mr. RANGEL, THOMPSON of California, Mr. GENE Ms. ZOE LOFGREN of California, Mrs. Mr. RYAN of Ohio, Mr. SABO, Mr. GREEN of Texas, Mr. COOPER, Mr. LOWEY, Mr. LYNCH, Mrs. MALONEY, SANDERS, Ms. SCHAKOWSKY, Mr. DELAHUNT, Mrs. TAUSCHER, Ms. EDDIE Mr. MARKEY, Mr. MARSHALL, Mrs. SERRANO, Mr. SHERMAN, Ms. SOLIS, BERNICE JOHNSON of Texas, Ms. MCCARTHY, Ms. MCCOLLUM of Min- Mr. STARK, Mr. THOMPSON of Mis- HERSETH, Mr. EVANS, Mr. HINCHEY, nesota, Mr. MCDERMOTT, Mr. MCNUL- sissippi, Mr. TOWNS, Ms. WATERS, Ms. Ms. SOLIS, Mr. LYNCH, Ms. LINDA T. TY, Mr. MEEHAN, Mr. MEEK of Flor- WATSON, and Ms. WOOLSEY): SA´ NCHEZ of California, Mrs. NAPOLI- ida, Mr. MEEKS of New York, Mr. H.R. 3760. A bill to establish a Department TANO, Mr. ALLEN, Mr. TOWNS, Mr. THOMPSON of California, Mr. MILLER of Peace and Nonviolence; to the Committee PASCRELL, Mr. TAYLOR of Mississippi, of North Carolina, Mr. MORAN of Vir- on Government Reform, and in addition to Ms. BERKLEY, Mr. HOLDEN, Mr. ginia, Mrs. NAPOLITANO, Mr. NEAL of the Committees on International Relations, BISHOP of New York, Mrs. JONES of Massachusetts, Mr. OLVER, Mr. the Judiciary, and Education and the Work- Ohio, Mr. PALLONE, Mr. SNYDER, Ms. OWENS, Mr. PALLONE, Mr. PASCRELL,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20255

Mr. PAYNE, Mr. PRICE of North Caro- Mr. EMANUEL, Mr. DOGGETT, and Mr. By Mr. PETERSON of Minnesota: lina, Mr. REYES, Mr. ROSS, Mr. ROTH- NEAL of Massachusetts): H.R. 3777. A bill to amend title 38, United MAN, Ms. ROYBAL-ALLARD, Mr. RUP- H.R. 3769. A bill to amend the Internal Rev- States Code, to authorize additional com- PERSBERGER, Mr. RUSH, Mr. RYAN of enue Code of 1986 to provide tax relief to vic- pensation to be paid to certain veterans in Ohio, Mr. SANDERS, Ms. SCHAKOWSKY, tims of Hurricane Katrina; to the Committee receipt of compensation for a service-con- Mr. SCHIFF, Ms. SCHWARTZ of Penn- on Ways and Means. nected disability rated totally disabling for sylvania, Mr. SCOTT of Georgia, Mr. By Mr. CHOCOLA (for himself, Mr. VIS- whom a family member dependent on the SCOTT of Virginia, Mr. SERRANO, Mr. CLOSKY, Ms. CARSON, Mr. PENCE, Mr. veteran for support provides care; to the SHERMAN, Mr. SNYDER, Ms. SOLIS, Mr. BUYER, Mr. BURTON of Indiana, Mr. Committee on Veterans’ Affairs. STRICKLAND, Mr. STUPAK, Mrs. TAU- SODREL, Mr. HOSTETTLER, and Mr. By Mr. SHAW (for himself, Mr. FARR, SCHER, Mr. TOWNS, Mrs. JONES of SOUDER): Mr. SHAYS, and Mr. PALLONE): Ohio, Mr. UDALL of New Mexico, Mr. H.R. 3770. A bill to designate the facility of H.R. 3778. A bill to establish ocean bottom VAN HOLLEN, Ms. WASSERMAN the United States Postal Service located at trawl areas in which trawling is permitted, SCHULTZ, Ms. WATSON, Mr. WEINER, 205 West Washington Street in Knox, Indi- to protect deep sea corals and sponges, and Mr. WEXLER, Ms. WOOLSEY, Mr. WU, ana, as the ‘‘Grant W. Green Post Office for other purposes; to the Committee on Re- Mr. WYNN, Mr. CLAY, Mr. BOUCHER, Building’’; to the Committee on Government sources, and in addition to the Committee on Mr. FORD, Mr. DAVIS of Tennessee, Reform. Science, for a period to be subsequently de- Mr. DOYLE, Mr. UDALL of Colorado, By Mr. DAVIS of Kentucky (for him- termined by the Speaker, in each case for Mr. BACA, Mr. CHANDLER, Ms. KAP- self, Mr. LEWIS of Kentucky, Mr. JEF- consideration of such provisions as fall with- TUR, Mr. NADLER, Mr. BECERRA, Mr. FERSON, Mr. ENGLISH of Pennsyl- in the jurisdiction of the committee con- HINOJOSA, Mr. CUELLAR, Mr. STARK, vania, and Mr. JINDAL): cerned. Mr. TANNER, Mr. CAPUANO, Mr. SMITH H.R. 3771. A bill to allow certain coal ex- By Ms. SLAUGHTER (for herself, Mr. of Washington, Mr. BERMAN, Mr. porters to directly claim a refund of the ex- BROWN of Ohio, Ms. GINNY BROWN- SALAZAR, Mr. TIERNEY, and Ms. HAR- cise tax unconstitutionally imposed on coal WAITE of Florida, Mrs. CAPITO, Mr. MAN): exported by such exporters; to the Com- H.R. 3764. A bill to establish a congres- mittee on Ways and Means. CASE, Mr. FILNER, Mr. GONZALEZ, Ms. sional commission to examine the Federal, By Mr. GIBBONS: EDDIE BERNICE JOHNSON of Texas, State, and local response to the devastation H.R. 3772. A bill to ensure that States do Mrs. MALONEY, Mr. MCDERMOTT, Mr. wrought by Hurricane Katrina in the Gulf not issue driver’s licenses or identification MCGOVERN, Mr. GEORGE MILLER of Region of the United States especially in the cards to sex offenders unless the offenders California, Mr. OWENS, Mr. PETERSON States of Louisiana, Mississippi, Alabama, are in compliance with all applicable reg- of Minnesota, Ms. WASSERMAN and other areas impacted in the aftermath istration requirements; to the Committee on SCHULTZ, Ms. SOLIS, and Ms. WOOL- and make immediate corrective measures to Transportation and Infrastructure, and in SEY): improve such responses in the future; to the addition to the Committee on the Judiciary, H.R. 3779. A bill to authorize the Secretary Committee on Transportation and Infra- for a period to be subsequently determined of the Interior to establish a commemorative structure. by the Speaker, in each case for consider- trail route in connection with the Women’s By Mr. BAIRD (for himself, Mr. DICKS, ation of such provisions as fall within the ju- Rights National Historical Park to link Mr. INSLEE, Mr. LARSEN of Wash- risdiction of the committee concerned. properties that are historically and themati- ington, Mr. MCDERMOTT, Mr. By Mrs. LOWEY (for herself, Ms. JACK- cally associated with the struggle for wom- REICHERT, Mr. SMITH of Washington, SON-LEE of Texas, Mr. MARKEY, Mr. en’s suffrage, and for other purposes; to the Mr. HASTINGS of Washington, and ETHERIDGE, Mrs. CHRISTENSEN, Mr. Committee on Resources. Miss MCMORRIS): GRIJALVA, Mr. MENENDEZ, Mr. OWENS, By Mr. THOMPSON of California (for H.R. 3765. A bill to extend through Decem- Mr. SERRANO, Mr. CROWLEY, Mr. himself, Mrs. CAPPS, Ms. ESHOO, Mr. ber 31, 2007, the authority of the Secretary of CLEAVER, Mr. NADLER, Ms. WASSER- DEFAZIO, Mr. MCINTYRE, Mrs. DAVIS the Army to accept and expend funds con- MAN SCHULTZ, and Mr. DELAHUNT): of California, Mr. LIPINSKI, Mr. tributed by non-Federal public entities to ex- H.R. 3773. A bill to amend the Internal Rev- HONDA, Ms. WOOLSEY, Mr. CASE, Ms. pedite the processing of permits; to the Com- enue Code of 1986 to reward those Americans LINDA T. SA´ NCHEZ of California, and mittee on Transportation and Infrastruc- who provide volunteer services in times of Mr. STARK): ture. national need; to the Committee on Ways By Mr. MARCHANT (for himself and H.R. 3780. A bill to prohibit certain dis- and Means. Mr. TOM DAVIS of Virginia): criminatory pricing policies in wholesale H.R. 3766. A bill to simplify Federal pro- By Mr. MCDERMOTT (for himself, Mr. motor fuel sales, and for other purposes; to curement procedures for emergency and dis- JEFFERSON, and Mr. STARK): the Committee on Energy and Commerce. aster relief, and for other purposes; to the H.R. 3774. A bill to provide for unemploy- By Mr. VISCLOSKY: ment benefits for victims of Hurricane Committee on Government Reform, and in H.R. 3781. A bill to accelerate efforts to de- Katrina; to the Committee on Ways and addition to the Committees on Armed Serv- velop vaccines for diseases primarily affect- Means. ices, and Transportation and Infrastructure, ing developing countries, and for other pur- By Mr. MCGOVERN (for himself, Mr. for a period to be subsequently determined poses; to the Committee on Ways and Means, KENNEDY of Rhode Island, Mr. LAN- by the Speaker, in each case for consider- and in addition to the Committees on Inter- GEVIN, and Mr. NEAL of Massachu- ation of such provisions as fall within the ju- national Relations, Energy and Commerce, setts): risdiction of the committee concerned. Small Business, and Financial Services, for a H.R. 3775. A bill to provide for the update By Mr. HASTERT (for himself, Mr. period to be subsequently determined by the of the Cultural Heritage and Land Manage- HYDE, Mr. EVANS, Mr. COSTELLO, Mr. Speaker, in each case for consideration of ment Plan for the John H. Chafee Blackstone GUTIERREZ, Mr. MANZULLO, Mr. RUSH, such provisions as fall within the jurisdic- River Valley National Heritage Corridor, to Mr. JACKSON of Illinois, Mr. LAHOOD, tion of the committee concerned. extend the authority of the John H. Chafee Mr. WELLER, Mr. DAVIS of Illinois, By Mrs. WILSON of New Mexico (for Blackstone River Valley National Heritage Mr. SHIMKUS, Mrs. BIGGERT, Ms. herself, Mr. ROGERS of Michigan, Mr. Corridor Commission, to authorize a special SCHAKOWSKY, Mr. JOHNSON of Illinois, MOORE of Kansas, Mr. BRADLEY of resources study to evaluate the suitability Mr. KIRK, Mr. EMANUEL, Ms. BEAN, New Hampshire, Mr. BROWN of Ohio, and feasibility of a national park unit within and Mr. LIPINSKI): Mr. SIMMONS, Mr. CROWLEY, Mrs. the Corridor, and for other purposes; to the H.R. 3767. A bill to designate the facility of MCCARTHY, Ms. BEAN, Mr. CHANDLER, Committee on Resources. the United States Postal Service located at Mr. SPRATT, Mr. BOEHLERT, and Mr. By Mrs. MYRICK (for herself and Mr. 2600 Oak Street in St. Charles, Illinois, as FITZPATRICK of Pennsylvania): the ‘‘Jacob L. Frazier Post Office Building’’; MCINTYRE): to the Committee on Government Reform. H.R. 3776. A bill to improve sharing of im- H.R. 3782. A bill to prohibit price gouging of gasoline and diesel fuel in areas declared By Mr. MCCRERY (for himself, Mr. migration information among Federal, major disasters; to the Committee on Energy JEFFERSON, Mr. BAKER, Mr. ALEX- State, and local law enforcement officials, to and Commerce. ANDER, Mr. JINDAL, Mr. BOUSTANY, improve State and local enforcement of im- By Mrs. WILSON of New Mexico (for and Mr. MELANCON): migration laws, and for other purposes; to H.R. 3768. A bill to provide emergency tax the Committee on the Judiciary, and in addi- herself, Mr. UDALL of New Mexico, relief for persons affected by Hurricane tion to the Committee on Homeland Secu- and Mr. PEARCE): Katrina; to the Committee on Ways and rity, for a period to be subsequently deter- H. Con. Res. 242. Concurrent resolution Means. mined by the Speaker, in each case for con- providing for acceptance of a statue of By Mrs. JONES of Ohio (for herself, sideration of such provisions as fall within Po’Pay, presented by the State of New Mex- Mr. JEFFERSON, Mr. LEWIS of Georgia, the jurisdiction of the committee concerned. ico, for placement in National Statuary Hall,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20256 CONGRESSIONAL RECORD—HOUSE September 14, 2005

and for other purposes; to the Committee on Cup; to the Committee on Government Re- H.R. 1298: Mr. SULLIVAN and Mr. GENE House Administration. form. GREEN of Texas. By Mr. MEEHAN: f H.R. 1306: Mr. MEEKS of New York, Mr. H. Con. Res. 243. Concurrent resolution ex- LEWIS of Kentucky, and Mrs. JO ANN DAVIS pressing the sense of Congress that Billerica, MEMORIALS of Virginia. Massachusetts, should be recognized as H.R. 1355: Mr. MCCOTTER. Under clause 3 of rule XII, memorials ‘‘America’s Yankee Doodle Town’’; to the H.R. 1376: Mr. STARK, Mr. ROTHMAN, Mr. Committee on Government Reform. were presented and referred as follows: MCNULTY, Mr. FERGUSON, Mr. CASE, and Mr. By Mr. DREIER: 169. The SPEAKER presented a memorial FRELINGHUYSEN. H. Res. 437. A resolution to establish the of the General Assembly of the State of Colo- H.R. 1402: Mrs. WILSON of New Mexico. Select Bipartisan Committee to Investigate rado, relative to House Joint Resolution 05- H.R. 1409: Mr. WATT. the Preparation for and Response to Hurri- 1058 expressing support for the ‘‘25 By 25’’ H.R. 1445: Mrs. BLACKBURN. cane Katrina; to the Committee on Rules, initiative and promoting the increased H.R. 1457: Mr. CASE. and in addition to the Committee on House producation of renewableenergy by the agri- H.R. 1471: Ms. SCHWARTZ of Pennsylvania, Administration, for a period to be subse- cultural community; to the Committee on Mr. KENNEDY of Rhode Island, Mr. AL GREEN quently determined by the Speaker, in each Agriculture. of Texas, and Mr. HOLT. case for consideration of such provisions as 170. Also, a memorial of the Legislature of H.R. 1558: Mr. GILCHREST, Mr. SESSIONS, fall within the jurisdiction of the committee the State of Oregon, relative to House Joint Mrs. TAUSCHER, Mr. MILLER of North Caro- concerned. Memorial 15 urging the Congress of the lina, Mr. EVANS, and Mr. KIRK. By Mr. ROTHMAN (for himself and Mr. United States to provide returning veterans H.R. 1688: Mr. EVERETT. KIRK): with the care and respect they deserve by en- H.R. 1704: Mrs. MYRICK. H. Res. 438. A resolution urging member suring that they are allowed up to 21 days of H.R. 1822: Mr. MOORE of Kansas. states of the United Nations to stop sup- ‘‘decompression’’ time following combat H.R. 1864: Mr. ANDREWS and Mr. CUMMINGS. porting resolutions that unfairly castigate duty to transition back into civilian life and H.R. 1898: Mr. CANTOR, Ms. PRYCE of Ohio, Israel and to promote within the United Na- workplace; to the Committee on Veterans’ and Ms. GINNY BROWN-WAITE of Florida. tions General Assembly more balanced and Affairs. H.R. 1951: Ms. BERKLEY. constructive approaches to resolving conflict 171. Also, a memorial of the Legislature of H.R. 1973: Mr. SMITH of New Jersey and Mr. in the Middle East; to the Committee on the State of Oregon, relative to House Joint MCCOTTER. International Relations. Resolution 16 urging the Congress of the H.R. 2051: Mr. MOORE of Kansas. By Mr. CALVERT (for himself, Mr. United States to establish capital funds for H.R. 2177: Mr. GRAVES, Mr. PASTOR, and BOEHLERT, Mr. DELAY, Mr. GORDON, grants to veterans starting new businesses; Mr. MARCHANT. Mr. UDALL of Colorado, Mr. CRAMER, to the Committee on Veterans’ Affairs. H.R. 2181: Mr. LINDER. Mr. WELDON of Florida, Mr. ADER- f H.R. 2207: Mr. CROWLEY. HOLT, Mr. MCCAUL of Texas, Mr. H.R. 2231: Mr. PALLONE. FEENEY, Mr. EHLERS, Mr. WELDON of PRIVATE BILLS AND H.R. 2358: Mr. CARNAHAN. Pennsylvania, Ms. JACKSON-LEE of RESOLUTIONS H.R. 2389: Mr. CRAMER. Texas, Mr. BARTLETT of Maryland, H.R. 2421: Mr. REYES and Mr. SIMMONS. Ms. BORDALLO, Mr. HALL, Mr. ROHR- Under clause 3 of rule XII, H.R. 2471: Mrs. BLACKBURN and Mr. OTTER. ABACHER, Mr. BONNER, Mr. DREIER, Mr. TIBERI introduced a bill (H.R. 3783) for H.R. 2474: Mr. GORDON. Mr. COSTA, Mr. DAVIS of Tennessee, the relief of Abraham Jaars, Delicia Jaars, H.R. 2511: Mr. PALLONE. Mr. VAN HOLLEN, Mrs. DRAKE, Mr. and Grant Jaars; which was referred to the H.R. 2512: Mr. SENSENBRENNER and Ms. CULBERSON, Mr. SMITH of Texas, Mr. Committee on the Judiciary. SCHWARTZ of Pennsylvania. MOLLOHAN, Ms. KAPTUR, Mrs. DAVIS f H.R. 2533: Mr. BOUCHER, Mr. EVANS, and of California, Mr. BARTON of Texas, Mr. ETHERIDGE. Mr. WYNN, Mr. BISHOP of Georgia, Mr. ADDITIONAL SPONSORS H.R. 2644: Mr. DAVIS of Illinois and Mr. GONZALEZ, Mr. RUPPERSBERGER, Mr. Under clause 7 of rule XII, sponsors RYUN of Kansas. MCGOVERN, Mr. MATHESON, Mr. GUT- H.R. 2662: Mrs. DAVIS of California. KNECHT, Mr. FORBES, Mr. CANNON, Mr. were added to public bills and resolu- H.R. 2682: Mr. KENNEDY of Rhode Island. CARTER, Mr. SCOTT of Virginia, Mr. tions as follows: H.R. 2694: Mr. COOPER. SODREL, Mr. MORAN of Virginia, Mr. H.R. 97: Mr. SAXTON. H.R. 2740: Mr. BUTTERFIELD, Mr. OBERSTAR, GALLEGLY, Mr. CONAWAY, Mr. KUCI- H.R. 226: Mr. KENNEDY of Minnesota and Mr. GORDON, Mr. CASE, and Mr. RANGEL. NICH, Mr. MOORE of Kansas, Ms. HAR- Mr. GILCHREST. H.R. 2741: Mr. CONYERS and Mr. CASE. MAN, Mr. BRADY of Texas, Mr. CAPU- H.R. 239: Mrs. BLACKBURN. H.R. 2742: Mr. BUTTERFIELD, Mr. OBERSTAR, ANO, Mr. REYES, Mr. WOLF, Mr. H.R. 269: Mr. FOLEY. Mr. GORDON, Mr. CASE, and Mr. RANGEL. BISHOP of Utah, Mr. REICHERT, and H.R. 276: Mr. INGLIS of South Carolina. H.R. 2823: Mr. MCINTYRE. Mr. DOYLE): H.R. 302: Mr. ROHRABACHER. H.R. 2828: Mr. STARK. H. Res. 441. A resolution to congratulate H.R. 305: Mr. SULLIVAN. H.R. 2830: Mr. ISSA. the National Aeronautics and Space Admin- H.R. 314: Mrs. WILSON of New Mexico. H.R. 2842: Mr. MARCHANT. istration and the Discovery crew of Com- H.R. 328: Mr. BOUCHER. H.R. 2869: Mr. TIERNEY. mander Eileen Collins, Pilot Jim Kelly, Mis- H.R. 484: Mr. PLATTS. H.R. 2990: Mr. DAVIS of Kentucky and Mr. sion Specialist Charlie Camarda, Mission H.R. 582: Ms. SCHAKOWSKY, Ms. WOOLSEY, GERLACH. Specialist Wendy Lawrence, Mission Spe- and Mrs. MCCARTHY. H.R. 3008: Mrs. CAPITO. cialist Soichi Noguchi, Mission Specialist H.R. 615: Mr. FORD, Mr. CUMMINGS, and Mr. H.R. 3011: Mr. BROWN of South Carolina, Steve Robinson, and Mission Specialist Andy RUSH. Mr. LAHOOD, and Mr. MARCHANT. Thomas on the successful completion of H.R. 745: Mr. KILDEE. H.R. 3042: Mr. ABERCROMBIE and Mr. FRANK their 14 day test flight to the International H.R. 772: Ms. SCHWARTZ of Pennsylvania. of Massachusetts. Space Station for the first step of the Vision H.R. 782: Mr. SHERMAN. H.R. 3050: Mr. SHERMAN. for Space Exploration, begun from the Ken- H.R. 813: Mr. KIND and Mr. LYNCH. H.R. 3061: Mr. HOEKSTRA. nedy Space Center, Florida, on July 26, 2005, H.R. 823: Mr. SHAYS and Mr. PRICE of North H.R. 3096: Mrs. JONES of Ohio. and completed at Edwards Air Force Base, Carolina. H.R. 3180: Mr. OTTER. California, on August 9, 2005. This historical H.R. 838: Mr. CROWLEY. H.R. 3187: Mr. KUCINICH, Mr. CASTLE, Mr. mission represented a great step forward H.R. 1106: Mr. BOUCHER. GRIJALVA, Mr. SMITH of Washington, Mr. into the new beginning of the Second Space H.R. 1120: Mr. ABERCROMBIE and Mr. PAS- EHLERS, and Mr. BOEHLERT. Age; to the Committee on Science. TOR. H.R. 3255: Mr. DAVIS of Tennessee. By Mr. FOSSELLA: H.R. 1200: Mr. EVANS and Mr. WYNN. H.R. 3267: Mr. PAYNE. H. Res. 442. A resolution honoring the H.R. 1202: Mr. KILDEE. H.R. 3301: Mr. SULLIVAN, Mr. ROSS, Mr. Fordham University School of Law upon the H.R. 1217: Mr. PASCRELL and Ms. BEAN. WELLER, Mr. ENGLISH of Pennsylvania, Mr. occasion of its 100th Anniversary; to the H.R. 1245: Mr. OXLEY, Mr. SMITH of Wash- SHIMKUS, Mr. OTTER, Mr. FOLEY, and Mr. Committee on Education and the Workforce. ington, and Mr. CAMP. LEWIS of Kentucky. By Mr. WALSH (for himself and Mr. H.R. 1246: Mr. ROGERS of Alabama, Mr. H.R. 3352: Mr. MCINTYRE. UDALL of Colorado): LARSEN of Washington, Ms. BEAN, Mrs. JONES H.R. 3361: Ms. ESHOO. H. Res. 443. A resolution congratulating of Ohio, Mr. NEAL of Massachusetts, and Mr. H.R. 3408: Mr. COSTELLO. the United States Men’s National Soccer GILLMOR. H.R. 3409: Mr. PAUL. Team on qualifying for the 2006 FIFA World H.R. 1272: Mr. CANTOR. H.R. 3544: Ms. KAPTUR and Ms. SLAUGHTER.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20257

H.R. 3561: Mr. REYES, Mr. CROWLEY, Mr. H. Res. 388: Mr. FLAKE and Mr. WELLER. SEC. ll. VOYAGE DATA RECORDER REQUIRE- CASE, and Mr. STARK. H. Res. 429: Mr. ORTIZ, Mr. MEEHAN, Mr. MENTS. H.R. 3563: Mr. PASCRELL. REYES, Mr. SNYDER, Mr. SKELTON, Mr. THOM- (a) AUTHORITY TO PRESCRIBE REGULA- H.R. 3565: Mr. BLUMENAUER. AS, Mr. OSBORNE, Mr. JONES of North Caro- TIONS.—Chapter 35 of title 46, United States H.R. 3569: Mr. SANDERS, Ms. BALDWIN, and lina, Ms. ZOE LOFGREN of California, Mr. Code, is amended by adding at the end the Ms. SCHWARTZ of Pennsylvania. ROYCE, Mr. VISCLOSKY, Mr. BLUMENAUER, Mr. following: H.R. 3576: Ms. LEE. ROTHMAN, Mr. HEFLEY, Mr. WELDON of Flor- ‘‘§ 3507. Voyage data recorders H.R. 3588: Mr. PETERSON of Minnesota. ida, Mr. INSLEE, Mr. COSTELLO, Mr. LYNCH, ‘‘(a) The Secretary shall prescribe regula- H.R. 3612: Mr. RUPPERSBERGER and Mr. Mr. TIERNEY, Mr. SABO, Mr. OTTER, Mr. tions that require that a passenger vessel de- REYES. PAUL, Mr. EVANS, Ms. MATSUI, Mr. CROWLEY, scribed in section 2101(22)(D) carrying more H.R. 3617: Mr. FOLEY. Ms. BERKLEY, Ms. WATSON, Mr. WAXMAN, Mr. than 399 passengers shall be equipped with a H.R. 3622: Mr. GRAVES, Mr. BILIRAKIS, Mr. LEWIS of Georgia, Ms. JACKSON-LEE of Texas, voyage data recorder approved in accordance BEAUPREZ, and Mr. ALEXANDER. Mr. CUMMINGS, Ms. CORRINE BROWN of Flor- with the regulations. H.R. 3639: Mr. ACKERMAN, Mr. NADLER, Mrs. ida, Mr. GENE GREEN of Texas, Mr. HAYES, ‘‘(b) Regulations prescribed under sub- MCCARTHY, and Mr. ENGEL. Mr. GOODLATTE, Ms. HERSETH, Mr. UDALL of section (a) shall establish— H.R. 3659: Mr. HOLDEN and Mr. BISHOP of New Mexico, Mr. LARSON of Connecticut, Mr. ‘‘(1) standards for voyage data recorders re- New York. HOYER, Ms. ESHOO, Mr. WU, Mr. KING of New quired under the regulations; H.R. 3662: Mr. MARSHALL. York, Mr. DELAY, Mr. HUNTER, Mr. BLUNT, ‘‘(2) methods for approval of models of voy- H.R. 3667: Mr. GARY G. MILLER of Cali- Mr. BARTON of Texas, Mr. SHADEGG, Mr. age data recorders under the regulations; fornia, Mr. COSTA, Mr. STARK, Ms. HARMAN, FEENEY, Ms. WOOLSEY, Ms. SCHAKOWSKY, and and Mr. THOMPSON of California, Ms. SOLIS, Mr. Mr. GEORGE MILLER of California. ‘‘(3) procedures for annual performance BACA, Mr. DANIEL E. LUNGREN of California, f testing of voyage data recorders required Ms. WATERS, Mr. HUNTER, and Mr. DOO- under the regulations. LITTLE. PETITIONS, ETC. ‘‘(c) To implement this section and regula- H.R. 3671: Mr. GONZALEZ. Under clause 3 of rule XII, petitions tions prescribed under this section there is H.R. 3683: Mr. RYUN of Kansas, Mr. REH- and papers were laid on the clerk’s authorized to be appropriated to the Sec- BERG, Mr. DOOLITTLE, Mr. MCHUGH, and Ms. desk and referred as follows: retary $1,500,000 each fiscal year.’’. FOXX. (b) DEADLINE FOR REGULATIONS.—The Sec- 66. The SPEAKER presented a petition of H.R. 3690: Ms. KILPATRICK of Michigan, Mr. retary (as that term is used in chapter 35 of New York State Bar Association, relative to MEEKS of New York, and Ms. BERKLEY. title 46, United States Code) shall initiate a resolution opposing adoption of U.S. House H.R. 3691: Mr. DANIEL E. LUNGREN of Cali- the prescribing of regulations under section Resolution 97 and Senate Resolution 92; to fornia. 3507(a) of title 46, United States Code, as the Committee on the Judiciary. H.R. 3692: Mr. BISHOP of New York. amended by this section, by not later than 6 67. Also, a petition of City of Atlanta, H.R. 3697: Ms. HARMAN. months after the date of the enactment of Georgia, relative to Resolution 05–R–1079 H.R. 3699: Mr. DUNCAN. this Act. urging the the Congress of the United States H.R. 3710: Mr. MCGOVERN and Mr. FRANK of (c) CLERICAL AMENDMENT.—The table of to conduct the appropriate due diligence and Massachusetts. sections at the beginning of chapter 35 of support the reauthorization of the key en- H.R. 3711: Mr. STARK, Mr. KENNEDY of title 46, United States Code, is amended by forcement provisions of the Voting Rights Rhode Island, Mr. JEFFERSON, Mr. RANGEL, adding at the end the following: Act of 1965; to the Committee on the Judici- Mr. GRIJALVA, Mr. BECERRA, Mr. BISHOP of ary. ‘‘3507. Voyage data recorders.’’. Georgia, Mr. FRANK of Massachusetts, Ms. H.R. 889 JACKSON-LEE of Texas, and Mr. GEORGE MIL- f OFFERED BY: MR. FOSSELLA LER of California. AMENDMENTS AMENDMENT NO. 5: At the end of title IV H.R. 3712: Ms. LEE, Mr. PALLONE, and Mr. add the following: WEXLER. Under clause 8 of rule XVIII, pro- ll H.R. 3737: Mr. EHLERS, Mr. BOEHLERT, Mr. posed amendments were submitted as SEC. . ENSURING RELIABLE MEDICAL TEST- ING OF VESSEL PILOTS. FRELINGHUYSEN, Mr. UPTON, Mr. WELDON of follows: (a) SUBMISSION OF ALL PHYSICAL EXAMINA- Florida, and Mr. SHERWOOD. H.R. 889 TIONS.—The head of the department in which H.R. 3753: Mr. BISHOP of Utah, Mr. KLINE, OFFERED BY: MS. LORETTA SANCHEZ OF the Coast Guard is operating shall revise sec- Mr. LEWIS of Kentucky, Mr. NEUGEBAUER, CALIFORNIA tion 10.709 of title 46, Code of Federal Regula- Mr. TURNER, and Mr. HERGER. AMENDMENT NO. 2: Page 25, line 15, strike tions, to require that an individual to whom H. Con. Res. 108: Mr. PETERSON of Min- ‘‘REPORT’’ and insert ‘‘REPORTS’’. nesota. that section applies shall submit to the Page 25, line 16, strike ‘‘IN GENERAL.—’’ Coast Guard the results of all physical ex- H. Con. Res. 173: Mr. BOEHLERT. and insert ‘‘ADEQUACY OF ASSETS.—’’. aminations of the individual. H. Con. Res. 230: Mr. BURTON of Indiana and Page 26, after line 14, insert the following: (b) INCREASE IN PENALTIES FOR FALSIFICA- Mr. ENGLISH of Pennsylvania. (c) ADEQUACY OF ACTIVE DUTY STRENGTH.— TION OF PHYSICAL EXAMINATION REPORT.—In H. Con. Res. 237: Mr. BISHOP of Georgia, Ms. The Commandant of the Coast Guard shall lieu of the penalties provided under section FOXX, Mr. FRANK of Massachusetts, Mr. review the adequacy of the strength of active 1001 of title 18, United States Code, any per- KIND, Mr. ROGERS of Alabama, Ms. WASSER- duty personnel authorized under section son that violates that section in preparing MAN SCHULTZ, Mr. MCCAUL of Texas, Mr. 102(a) to carry out the Coast Guard’s non- any report on the findings of a physical ex- MCCOTTER, Mr. BILIRAKIS, Mrs. MUSGRAVE, homeland security missions and homeland amination of an individual to whom section and Ms. SOLIS. security missions, as those terms are defined 10.709 of title 46, Code of Federal Regula- H. Con. Res. 238: Mr. LEACH, Ms. SCHA- in section 888 of the Homeland Security Act tions, as revised under subsection (a), applies KOWSKY, Ms. EDDIE BERNICE JOHNSON of of 2002 (6 U.S.C. 468). Not later than 180 days shall be fined under title 18, United States Texas, Mr. PAYNE, Mr. MEEKS of New York, after the date of the enactment of this Act, Code, and imprisoned for not more than 5 Ms. LEE, Mr. ACKERMAN, Mr. CROWLEY, Mr. the Commandant shall submit a report to years. RUSH, Mr. CONYERS, Mr. HONDA, Mr. ENGEL, the Committee on Transportation and Infra- Mrs. CAPPS, Ms. CORRINE BROWN of Florida, structure and the Committee on Homeland H.R. 889 Mr. CAPUANO, Mr. BERMAN, Mr. ISSA, Mr. Security of the House of Representatives and OFFERED BY: MR. MARKEY SMITH of Washington, Ms. MCCOLLUM of Min- the Committee on Commerce, Science, and AMENDMENT NO. 6: In subtitle A of title IV, nesota, Mr. SMITH of New Jersey, Mr. MCCOT- Transportation of the Senate that includes add at the end the following new section: TER, Mr. WOLF, and Mr. ROHRABACHER. the findings of that review and any rec- SEC. ll. SECURITY AND SAFETY REVIEW OF LIQ- H. Res. 15: Mrs. BLACKBURN, Mr. GARRETT ommendations to enhance mission capabili- UEFIED NATURAL GAS FACILITIES. of New Jersey, Ms. MOORE of Wisconsin, Mr. ties of the Coast Guard. (a) SECURITY AND SAFETY REVIEW.—The PEARCE, Mr. BILIRAKIS, Mr. LYNCH, Mr. CHAN- H.R. 889 Commandant of the Coast Guard shall con- DLER, Mr. KENNEDY of Minnesota, Mr. LEWIS OFFERED BY: MS. LORETTA SANCHEZ OF duct a comprehensive security and safety re- of Georgia, and Mr. CANNON. CALIFORNIA view of the proposed construction, expan- H. Res. 38: Mr. MCCOTTER. sion, or operation of a waterfront facility for AMENDMENT NO. 3: Page 5, line 20, strike H. Res. 192: Mr. GRIJALVA and Ms. BALD- the transfer of liquefied natural gas from ‘‘45,500’’ and insert ‘‘50,000’’. WIN. ships to land or from land to ships, including H. Res. 323: Mr. DENT. H.R. 889 proposed shipping routes to or from the facil- H. Res. 325: Mr. OWENS and Mr. MEEKS of OFFERED BY: MR. FOSSELLA ity. New York. AMENDMENT NO. 4: At the end of title IV (b) PREPARATION OF REPORT.—Upon com- H. Res. 375: Mr. MARKEY. add the following: pletion of a review under subsection (a), the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20258 CONGRESSIONAL RECORD—HOUSE September 14, 2005 Commandant of the Coast Guard shall pre- ties, facility operators, and State and local TITLE—REQUIREMENTS FOR MARITIME pare a report setting forth the results of the agencies, that are required under Federal TRANSPORTATION SECURITY PLANS review and including any recommendations law to provide security services or funds to AND ASSESSMENTS for measures that the Commandant believes implement Area Maritime Transportation SEC. ll01. REQUIREMENTS FOR AREA MARI- are necessary to ensure the public safety and Security Plans and facility security plans TIME TRANSPORTATION PLANS. security of the proposed facility and the under chapter 701 of title 46, United States Section 70103(b)(2) of title 46, United States transportation routes to and from the facil- Code, for 50 percent of eligible costs incurred Code, is amended by redesignating subpara- ity, or to mitigate any potential adverse by such persons in implementing protective graphs (C) through (F) as subparagraphs (E) consequences. measures and countermeasures in response through (H), respectively, and by inserting (c) RESULTS OF REVIEW.—The Commandant to any public advisory or alert regarding a after subparagraph (B) the following: of the Coast Guard shall provide to each Fed- threat to homeland security that is issued ‘‘(C) include a list of each facility located eral agency responsible for licensing, ap- under the United States Coast Guard Mari- in the area covered by the plan that could re- proval, or other authorization for the rel- time Security (MARSEC) system or any suc- duce the health, environmental, or economic evant construction, expansion, or operation, cessor to such system, and that is above the consequences associated with a transpor- and to Congress, a report prepared under baseline threat level under that system. tation security incident through the substi- subsection (c), and shall also provide the in- (b) ELIGIBLE COSTS.—For purposes of sub- tution of chemicals or processes currently formation in such report, to the extent con- section (a), eligible costs consist of any of used in the facility with alternative chemi- sistent with the protection of public safety the following: cals or processes that would not signifi- and security, to affected State and local offi- (1) Salary, benefits, overtime compensa- cantly impair the ability of the facility to cials and the public. tion, retirement contributions, and other conduct its business; (d) REPORTS TO CONGRESS.— costs of additional Coast Guard-mandated se- ‘‘(D) for areas that include or are near a (1) SUMMARY OF ACTIONS TAKEN.—Not later curity personnel. large population, or that are of special eco- than 6 months after a report is provided (2) The cost of acquisition, operation, and nomic, environmental, or national security under subsection (d), the Commandant shall maintenance of security equipment or facili- importance and that might be damaged by a transmit a report to Congress summarizing ties to be used for security monitoring and transportation security incident, include a any action taken by the facility owner or by recording, security gates and fencing, marine list of special efforts, measures, or proce- any appropriate Federal or State agency in barriers for designated security zones, secu- dures required of any new facility proposed response to the Commandant’s recommenda- rity-related lighting systems, remote sur- to be located within or near the area that tions contained in such report. If no action veillance, concealed video systems, security will deter a transportation security incident has been taken to implement such a rec- vessels, and other security-related infra- involving the facility;’’. ommendation, the Commandant shall report structure or equipment that contributes to SEC. ll02. REQUIREMENTS FOR UNITED STATES on the reasons why no action has been taken, the overall security of passengers, cargo, or FACILITY AND VESSEL VULNER- and shall include views on the failure to take crewmembers. ABILITY ASSESSMENTS. the recommended actions. (3) The cost of screening equipment, in- Section 70102(b) of title 46,United States (2) IMPLEMENTATION STATUS REPORT.—The cluding equipment that detects weapons of Code, is amended— Commandant shall transmit an additional mass destruction and conventional explo- (1) in paragraph (1)(C) by inserting after implementation status report to Congress sives, and of testing and evaluating such ‘‘contingency response,’’ the following: every 6 months until all of the recommenda- equipment, to certify secure systems of ‘‘chemicals or processes used by a facility tions contained in the Commandant’s report transportation. that could be replaced with alternative prepared under subsection (c) have been im- chemicals or processes that could reduce the plemented, or the Commandant concludes (c) SUBJECT TO APPROPRIATIONS.—The re- health, environmental or economic con- that implementation is no longer necessary quirement to provide reimbursement under sequences associated with a transportation and provides an explanation of the reasons this section is subject to the availability of security incident in a manner that would not for this determination. appropriations. significantly impair the ability of the facil- (e) REQUIREMENT FOR APPROVAL OF CON- H.R. 889 ity to conduct its business,’’; and STRUCTION OR EXPANSION OF URBAN LIQUEFIED (2) in paragraph (4) by striking ‘‘includes’’ OFFERED BY: MR. MARKEY NATURAL GAS FACILITIES.— and inserting ‘‘adequately addresses’’. (1) REQUIREMENT.—No person may con- AMENDMENT NO. 8: Add at the end the fol- SEC. ll03. REQUIREMENT FOR NATIONAL MARI- struct or expand any urban waterfront facil- lowing new title: TIME TRANSPORTATION SECURITY ity for the transfer of liquefied natural gas PLAN. TITLE—REQUIREMENTS FOR AREA from ships to land or from land to ships un- Section 70103(a)(2)(C) of title 46,United MARITIME TRANSPORTATION PLANS less the Commandant of the Coast Guard has States Code, is amended by inserting before approved such construction or expansion. SEC. ll01. REQUIREMENTS FOR AREA MARI- the period at the end the following: ‘‘, in- The Commandant shall not approve any such TIME TRANSPORTATION PLANS. cluding special efforts, measures, or proce- construction or expansion if, as a result of Section 70103(b)(2) of title 46,United States dures required of any new proposed facility the review conducted pursuant to subsection Code, is amended by redesignating subpara- that could deter a transportation security (a), the Commandant determines that the graphs (C) through (F) as subparagraphs (E) incident or reduce the consequences of such proposed facility, or the expansion of the ex- through (H), respectively, and by inserting an incident involving the facility’’. isting facility, would pose a substantial risk after subparagraph (B) the following: H.R. 889 to public safety and security in light of the ‘‘(C) include a list of each facility located OFFERED BY: MR. SOUDER potential loss of life and damage to property in the area covered by the plan that could re- AMENDMENT NO. 10: At the end of title IV that could result. duce the health, environmental, or economic add the following new section: (2) CIVIL PENALTY.—Any person who vio- consequences associated with a transpor- ll lates paragraph (1) shall be liable for a civil SEC. . ACQUISITION OF MARITIME REFUEL- tation security incident through the substi- ING SUPPORT VESSEL FOR UNITED penalty in an amount not to exceed $1,000,000 tution of chemicals or processes currently STATES DRUG INTERDICTION EF- for each day of such violation. used in the facility with alternative chemi- FORTS IN THE EASTERN PACIFIC (3) SAVINGS CLAUSE.—Except as provided in cals or processes that would not signifi- MARITIME TRANSIT ZONE. paragraph (1), approval under this subsection cantly impair the ability of the facility to There are authorized to be appropriated shall not affect any other requirement under conduct its business; $25,000,000 for fiscal year 2006 and $25,000,000 law to obtain a license, approval, or other ‘‘(D) for areas that include or are near a for fiscal year 2007 for the Bureau for Inter- authorization for the construction, expan- large population, or that are of special eco- national Narcotics and Law Enforcement Af- sion, or operation of an offshore or water- nomic, environmental, or national security fairs (INL) of the Department of State to front facility for the transfer of liquefied importance and that might be damaged by a purchase or lease a maritime refueling sup- natural gas from ships to land or from land transportation security incident, include a port vessel that is capable of refueling public to ships. list of special efforts, measures, or proce- vessels (as that term is defined in section H.R. 889 dures required of any new facility proposed 30101(3) of title 46, United States Code), and allied warships and vessels employed in sup- OFFERED BY: MR. INSLEE to be located within or near the area that will deter a transportation security incident port of United States drug interdiction du- AMENDMENT NO. 7: At the end of title IV involving the facility;’’. ties in the Eastern Pacific maritime transit add the following: zone. ll H.R. 889 SEC. . REIMBURSEMENT OF ADDITIONAL H.R. 889 COSTS OF ELEVATED THREAT LEV- OFFERED BY: MR. MARKEY ELS. OFFERED BY: MR. YOUNG OF ALASKA (a) REQUIREMENT.—The Secretary of Home- AMENDMENT NO. 9: Add at the end the fol- AMENDMENT NO. 11: At the end of title I add land Security shall reimburse port authori- lowing new title: the following:

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20259 SEC. 103. AUTHORIZATION OF FUNDING RELATED (3) thanks them for their continued dedica- proceeds of management or disposal of prop- TO HURRICANE KATRINA. tion and service. erty by the Secretary under this subsection There is authorized to be appropriated for SEC. 213. HOMEOWNERS ASSISTANCE FOR COAST shall be deposited in the general fund of the fiscal year 2005 for the operation and mainte- GUARD PERSONNEL AFFECTED BY Treasury as offsetting receipts of the depart- nance of the Coast Guard, in addition to the HURRICANE KATRINA. ment in which the Coast Guard is operating amounts authorized for that fiscal year by (a) IN GENERAL.—Notwithstanding any and ascribed to Coast Guard activities. section 101(1) of the Coast Guard and Mari- other provision of law, the Secretary of the (e) QUALIFIED PROPERTY.—Property is time Transportation Act of 2004 (118 Stat. department in which the Coast Guard is op- qualified property for the purposes of this 1030), $60,000,000 for emergency hurricane ex- erating may reimburse a person who is eligi- section if as of August 28, 2005, the property penses, emergency repairs, and deployment ble under subsection (b) for reimbursement was a one- or two-family dwelling, manufac- of personnel, to support costs of evacuation, under this section, for losses of qualified tured home, or condominium unit in the and for other costs resulting from immediate property owned by such person that result State of Louisiana, Mississippi, or Alabama relief efforts related to Hurricane Katrina. from damage caused by Hurricane Katrina. that is owned and occupied, as a principal At the end of title II add the following: (b) ELIGIBLE PERSONS.—A person is eligible residence, by a person who is eligible under for reimbursement under this section if the subsection (b). SEC. 210. ICEBREAKER OPERATION AND MAINTE- person is a civilian employee of the Federal (f) SUBJECT TO APPROPRIATIONS.—The au- NANCE PLAN. Government or member of the uniformed thority to pay reimbursement under this sec- The Secretary of the department in which services who— tion is subject to the availability of appro- the Coast Guard is operating shall— (1) was assigned to, or employed at or in priations. (1) by not later than 90 days after the date connection with, a Coast Guard facility lo- of the enactment of this Act, submit to the SEC. 214. REPORT ON PERSONNEL, ASSETS, AND cated in the State of Louisiana, Mississippi, EXPENSES. Committee on Transportation and Infra- or Alabama on or before August 28, 2005; Not later than September 15, 2005, and at structure of the House of Representatives (2) incident to such assignment or employ- least once every month thereafter through and the Committee on Commerce, Science, ment, owned and occupied property that is January 2006, the Commandant of the Coast and Transportation of the Senate a plan for qualified property under subsection (e); and Guard shall report to the Committee on operation and maintenance of Coast Guard (3) as a result of the effects of Hurricane Transportation and Infrastructure of the icebreakers in the waters of Antarctica after Katrina, incurred damage to such qualified House of Representatives and the Committee fiscal year 2006 that does not rely on the property such that— on Commerce, Science, and Transportation transfer of funds to the Coast Guard by any (A) the qualified property is unsalable (as of the Senate regarding the personnel and as- other Federal agency; and determined by the Secretary); and sets deployed to assist in the response to (2) subject to the availability of appropria- (B) the proceeds, if any, of insurance for Hurricane Katrina and the costs incurred as tions, implement the plan in fiscal years such damage are less than an amount equal a result of such response that are in addition after fiscal year 2006. to the greater of— to funds already appropriated for the Coast SEC. 211. OPERATION AS A SERVICE IN THE (i) the fair market value of the qualified Guard for fiscal year 2005. NAVY. property on August 28, 2005 (as determined SEC. 215. LIMITATION ON MOVING ASSETS TO ST. Section 3 of title 14, United States Code, is by the Secretary); or ELIZABETHS HOSPITAL. amended by striking ‘‘Upon the declaration (ii) the outstanding mortgage, if any, on The Commandant of the Coast Guard may of war or when’’ and inserting ‘‘When’’. the qualified property on that date. not move any Coast Guard personnel, prop- SEC. 212. COMMENDATION, RECOGNITION, AND (c) REIMBURSEMENT AMOUNT.—The amount erty, or other assets to the West Campus of THANKS FOR COAST GUARD PER- of the reimbursement that an eligible person St. Elizabeths Hospital until the Adminis- SONNEL. may be paid under this section with respect trator of General Services submits to the (a) FINDINGS.—The Congress finds the fol- to a qualified property shall be determined Committee on Transportation and Infra- lowing: as follows: structure of the House of Representatives (1) On August 29, 2005, Hurricane Katrina (1) In the case of qualified property that is and the Committee on Commerce, Science, struck the the Gulf of Mexico coastal region a dwelling or condominium unit, the amount and Transportation and the Committee on of Louisiana, Mississippi, and Alabama, shall be— Environment and Public Works of the Senate causing the worst natural disaster in United (A) the amount equal to the greater of— plans— States history. (i) 85 percent of the fair market value of (1) to provide road access to the site from (2) The response to such hurricane by the dwelling or condominium unit on August Interstate Route 295; and members and employees of the Coast Guard 28, 2005 (as determined by the Secretary), or (2) for the design of facilities for at least has been immediate, invaluable, and coura- (ii) the outstanding mortgage, if any, on one Federal agency other than the Coast geous. the dwelling or condominium unit on that Guard that would house no less than 2,000 (3) Members and employees of the Coast date; minus employees at such location. Guard— (B) the proceeds, if any, of insurance re- Amend section 405 to read as follows: (A) have shown great leadership in helping ferred to in subsection (b)(3)(B). SEC. 405. REPORT. to coordinate relief efforts with respect to (2) In the case of qualified property that is (a) IN GENERAL.—The Commandant of the Hurricane Katrina; a manufactured home, the amount shall be— Coast Guard shall review the adequacy of as- (B) have used their expertise and special- (A) if the owner also owns the real prop- sets and facilities described in subsection (b) ized skills to provide immediate assistance erty underlying such home, the amount de- to carry out the Coast Guard’s missions, in- to victims and survivors of the hurricane; termined under paragraph (1); or cluding search and rescue, illegal drug and and (B) if the owner leases such underlying migrant interdiction, aids to navigation, (C) have set up remote assistance oper- property— ports, waterways and coastal security, ma- ations in the affected areas in order to best (i) the amount determined under paragraph rine environmental protection, and fisheries provide service to Gulf of Mexico coastal re- (1); plus law enforcement. Not later than 180 days gion. (ii) the amount of rent payable under the after the date of the enactment of this Act, (4) Members of the Coast Guard have vol- lease of such property for the period begin- the Commandant shall submit a report to unteered their unique resources to assess the ning on August 28, 2005, and ending on the the Committee on Transportation and Infra- situation and deliver aid when and where date of the reimbursement under this sec- structure of the House of Representatives other relief efforts could not. tion. and the Committee on Commerce, Science, (5) Members of the Coast Guard have dem- (d) TRANSFER AND DISPOSAL OF PROP- and Transportation of the Senate that in- onstrated their resolve and character by pro- ERTY.— cludes the findings of that review and any viding aid to Hurricane Katrina victims and (1) IN GENERAL.—An owner receiving reim- recommendations to enhance mission capa- survivors. bursement under this section shall transfer bilities in those areas. (6) Members and employees of the Coast to the Secretary all right, title, and interest (b) AREAS OF REVIEW.—The report under Guard have worked together to bring clean of the owner in the qualified property for subsection (a) shall provide information and water, food, and resources to victims and which the owner receives such reimburse- recommendations on the following assets: survivors in need. ment. The Secretary shall hold, manage, and (1) Coast Guard aircraft, including heli- (b) COMMENDATION, RECOGNITION, AND dispose of such qualified property in the copters, stationed at Air Station Detroit in THANKS.—The Congress— same manner that the Secretary of Defense the State of Michigan. (1) commends the outstanding efforts in re- holds, manages, and disposes of real property (2) Coast Guard vessels and aircraft sta- sponse to Hurricane Katrina by members and under section 1013 of the Demonstration Cit- tioned in the Commonwealth of Puerto Rico. employees of the Coast Guard; ies and Metropolitan Development Act of (3) Coast Guard vessels and aircraft sta- (2) recognizes that the actions of these in- 1966 (42 U.S.C. 3374). tioned in the State of Louisiana along the dividuals went above and beyond the call of (2) TREATMENT OF PROCEEDS.—Any Lower Mississippi River between the Port of duty; and amounts received by the United States as New Orleans and the Red River.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20260 CONGRESSIONAL RECORD—HOUSE September 14, 2005 (4) Coast Guard vessels and aircraft sta- an Arctic Sea Route on the indigenous peo- United States Code. This requirement ex- tioned in Coast Guard Sector Delaware Bay. ple of Alaska. pires on December 31, 2006. (5) Physical infrastructure at Boat Station SEC. 418. HOMEPORT. (b) TERMINATION OF REQUIREMENT.—The Cape May in the State of New Jersey. Subject to the availability of appropria- Commandant is not required to maintain In section 412 insert ‘‘of 1990’’ after ‘‘Oil tions, the Commandant of the Coast Guard such facility after December 31, 2006. Pollution Act’’. shall homeport the Coast Guard cutter SEC. 423. DETERMINATION OF NAVIGATIONAL IM- At the end of title IV add the following: HEALY in Anchorage, Alaska. PACT. In any case in which a person requests the SEC. 413. DETERMINATION OF THE SECRETARY. SEC. 419. OPINIONS REGARDING WHETHER CER- TAIN FACILITIES CREATE OBSTRUC- Secretary of the Army to take action under Section 70105(c) of title 46, United States TIONS TO NAVIGATION. the authority of section 10 of the Act of Code, is amended— In any case in which a person requests the March 3, 1899, popularly known as the Rivers (1) in paragraph (3) by inserting before the Secretary of the Army to take action to per- and Harbors Appropriations Act of 1899 period ‘‘before an administrative law judge’’; mit a wind energy facility under the author- (chapter 425; 33 U.S.C. 403), the Commandant and ity of section 10 of the Act of March 3, 1899 of the Coast Guard shall provide to the Sec- (2) by adding at the end the following: (33 U.S.C. 403), the Commandant of the Coast retary an opinion in writing that states ‘‘(5) In making a determination under Guard shall provide an opinion in writing whether the proposed structure or activity paragraph (1)(D), the Secretary shall not that states whether the proposed facility would create an obstruction to navigation. consider a felony conviction that occurred would create an obstruction to navigation. SEC. 424. PORT RICHMOND. more than 7 years prior to the date of the The Secretary of the department in which Secretary’s determination.’’. SEC. 420. TEMPORARY AUTHORIZATION TO EX- TEND THE DURATION OF LICENSES, the Coast Guard is operating acting through SEC. 414. REPORT ON TECHNOLOGIES. CERTIFICATES OF REGISTRY, AND the Commandant of the Coast Guard may Not later than 180 days after the date of MERCHANT MARINERS’ DOCU- not approve the security plan under section the enactment of this Act, the Commandant MENTS. 70103(c) of title 46, United States Code, for a of the Coast Guard shall submit a report to (a) LICENSES AND CERTIFICATES OF REG- liquefied natural gas import facility at Port the Committee on Transportation and Infra- ISTRY.—Notwithstanding sections 7106 and Richmond in Philadelphia, Pennsylvania, structure of the House of Representatives 7107 of title 46, United States Code, the Sec- until the Secretary conducts a vulnerability and the Committee on Commerce, Science, retary of the department in which the Coast assessment under section 70102(b) of such and Transportation of the Senate that in- Guard is operating may temporarily extend title. cludes an assessment of— the duration of a license or certificate of reg- At the end of the bill add the following: (1) the availability and effectiveness of istry issued for an individual under chapter TITLE V—LIGHTHOUSES technologies that evaluate and identify in- 71 of that title for up to one year, if— SEC. 501. TRANSFER. bound vessels and their cargo for potential (1) the records of the individual are located (a) JURISDICTIONAL TRANSFERS.—Adminis- threats before they reach United States at the Coast Guard facility in New Orleans trative jurisdiction over the following Na- ports, including technologies already tested that was damaged by Hurricane Katrina; or tional Forest System lands in the State of or in testing at joint operating centers; and (2) the individual is a resident of Alabama, Alaska upon which are located any of the (2) the costs associated with implementing Mississippi, or Louisiana. Coast Guard facilities described in sub- such technology at all United States ports. (b) MERCHANT MARINERS’ DOCUMENTS.— Notwithstanding section 7302(g) of title 46, section (b), and over improvements situated SEC. 415. MOVEMENT OF ANCHORS. on such lands, is hereby transferred, without Section 12105 of title 46, United States United States Code, the Secretary of the de- partment in which the Coast Guard is oper- requirement for consideration, from the Sec- Code, is amended by adding at the end the retary of Agriculture to the Secretary of the following: ating may temporarily extend the duration of a merchant mariners’ document issued for department in which the Coast Guard is op- ‘‘(c) Only a vessel for which a certificate of erating. documentation with a registry endorsement an individual under chapter 73 of that title for up to one year, if— (b) FACILITIES DESCRIBED.—The facilities is issued may be employed in the setting or described in subsection (a) are the following: moving of the anchors or other mooring (1) the records of the individual are located at the Coast Guard facility in New Orleans (1) GUARD ISLAND LIGHT STATION.—That equipment of a mobile offshore drilling unit area described in the Guard Island Light- that is located above or on the outer Conti- that was damaged by Hurricane Katrina; or (2) the individual is a resident of Alabama, house reserve dated January 4, 1901, com- nental Shelf of the United States (as that prising approximately 8.0 acres of National term is defined in section 2(a) of the Outer Mississippi, or Louisiana. (c) MANNER OF EXTENSION.—Any extensions Forest uplands. Continental Shelf Lands Act (43 U.S.C. (2) ELDRED ROCK LIGHT STATION.—That area 1331(a)).’’. granted under this section may be granted to individual seamen or a specifically identified described in the December 30, 1975, listing on SEC. 416. INTERNATIONAL TONNAGE MEASURE- group of seamen. the National Register of Historic Places, MENT OF VESSELS ENGAGED IN THE comprising approximately 2.4 acres. ALEUTIAN TRADE. (d) EXPIRATION OF AUTHORITY.—The au- thorities provided under this section expire (3) MARY ISLAND LIGHT STATION.—That area (a) GENERAL INSPECTION EXEMPTION.—Sec- described as the remaining National Forest tion 3302(c)(2) of title 46, United States Code, on December 31, 2006. SEC. 421. TEMPORARY AUTHORIZATION TO EX- System uplands within the Mary Island is amended to read as follows: Lighthouse Reserve dated January 4, 1901, as ‘‘(2) Except as provided in paragraphs (3) TEND THE DURATION OF VESSEL CERTIFICATES OF INSPECTION. amended by Public Land Order 6964, dated and (4) of this subsection, the following fish (a) AUTHORITY TO EXTEND.—Notwith- April 5, 1993, comprising approximately 1.07 tender vessels are exempt from section standing section 3307 and 3711(b) of title 46, acres. 3301(1), (6), (7), (11), and (12) of this title: United States Code, the Secretary of the de- (4) CAPE HINCHINBROOK LIGHT STATION.— ‘‘(A) A vessel of not more than 500 gross partment in which the Coast Guard is oper- That area described in the November 1, 1957, tons as measured under section 14502 of this ating may temporarily extend the duration survey prepared for the Coast Guard, com- title or an alternate tonnage measured under or the validity of a certificate of inspection prising approximately 57.4 acres. section 14302 of this title as prescribed by the or a certificate of compliance issued under (c) MAPS.— Secretary under section 14104 of this title. chapter 33 or 37, respectively, of title 46, (1) REQUIREMENT TO PREPARE.—The Com- ‘‘(B) A vessel engaged in the Aleutian trade United States Code, for up to 6 months for a mandant of the Coast Guard, in consultation that is not more than 2,500 gross tons as vessel inspected by a Coast Guard Marine with the Secretary of Agriculture, shall pre- measured under section 14302 of this title.’’. Safety Office located in Alabama, Mis- pare and maintain maps of the lands trans- (b) OTHER INSPECTION EXEMPTION AND sissippi, or Louisiana. ferred by subsection (a), and such maps shall WATCH REQUIREMENT.—Paragraphs (3)(B) and (b) EXPIRATION OF AUTHORITY.—The au- be on file and available for public inspection (4) of section 3302(c) of that title and section thority provided under this section expires in the Coast Guard District 17 office in Ju- 8104 (o) of that title are each amended by on December 31, 2006. neau, Alaska. striking ‘‘or an alternate tonnage measured (2) CORRECTIONS AND MODIFICATIONS.—In under section 14302 of this title as prescribed SEC. 422. TEMPORARY CENTER FOR PROCESSING OF FOR LICENSES, CERTIFICATES preparing such maps, the Commandant of by the Secretary under section 14104 of this OF REGISTRY, AND MERCHANT the Coast Guard, with the approval of the title’’ and inserting ‘‘or less than 500 gross MARINERS’ DOCUMENTS. Secretary of Agriculture, may make correc- tons as measured under section 14502 of this (a) IN GENERAL.—Not later than October 15, tions and minor modifications to the lands title, or is less than 2,500 gross tons as meas- 2005, the Commandant of the Coast Guard described or depicted to facilitate Federal ured under section 14302 of this title’’. shall establish a temporary facility in Baton land management. Such maps, as so cor- SEC. 417. ASSESSMENT AND PLANNING. Rouge, Louisiana, that is sufficient to proc- rected or modified, shall have the same ef- There is authorized to be appropriated to ess applications for new licenses, certificate fect as if enacted in this section. the Coast Guard $400,000 to carry out an as- of registries, and merchant mariners’ docu- (d) EFFECT OF TRANSFER.—The lands trans- sessment of and planning for the impact of ments under chapters 71 or 73 of title 46, ferred to the Secretary of the department in

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20261 which the Coast Guard is operating under as provided in subsection (g), without any issued without consideration by the Sec- subsection (a)— further requirements for administrative or retary of Agriculture, as generally described (1) shall be administered by the Com- environmental analyses or examination. in the map entitled ‘‘Cape St. Elias Light mandant of the Coast Guard; Such transfer shall not be considered a con- Station,’’ dated September 14, 2004. The Sec- (2) shall be deemed transferred from and no veyance to an eligible entity pursuant to retary of the department in which the Coast longer part of the National Forest System; section 308(b) of the National Historic Pres- Guard is operating shall keep such map on and ervation Act (16 U.S.C. 470w–7(b)). file and available for public inspection. (3) shall be considered not suitable for re- (c) RESERVATION FOR AIDS TO NAVIGATION.— SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. turn to the public domain for disposition As part of any transfer pursuant to this sub- MARKS NATIONAL WILDLIFE REF- under the general public land laws. section, the Commandant of the Coast Guard UGE, FLORIDA. (e) TRANSFER OF LAND.— may reserve rights to operate and maintain (a) REVOCATION OF EXECUTIVE ORDER DATED (1) REQUIREMENT.—Subject to paragraph Federal aids to navigation at the site. NOVEMBER 12, 1838.—Any reservation of pub- (2), the Administrator of General Services, (d) EASEMENTS AND SPECIAL USE AUTHOR- lic land described in subsection (b) for light- upon request by the Secretary of Agri- IZATIONS.—Notwithstanding any other provi- house purposes by the Executive Order dated culture, shall transfer to the Secretary of sion of law, including the Wilderness Act (16 November 12, 1838, as amended by Public Agriculture, without consideration, any land U.S.C. 1131), and section 703 of the Alaska Land Order 5655, dated January 9, 1979, is re- identified in subsection (b), together with National Interests Lands Conservation Act voked. the improvements thereon, for administra- (94 Stat. 2418; 16 U.S.C. 1132 note), with re- (b) DESCRIPTION OF LAND.—The public land tion under the laws pertaining to the Na- spect to the property transferred under this referred to in subsection (a) consists of ap- tional Forest System, if— subsection, the Secretary of Agriculture— proximately 8.0 acres within the external (A) the Secretary of the Interior cannot (1) may identify an eligible entity to be boundaries of St. Marks National Wildlife identify and select an eligible entity in ac- granted an easement or other special use au- Refuge in Wakulla County, Florida, that is cordance with section 308(b)(2) of the Na- thorization and, in doing so, the Secretary of east of the Tallahassee Meridian, Florida, in tional Historic Preservation Act (16 U.S.C. Agriculture may consult with the Secretary Township 5 South, Range 1 East, Section 1 470w–7(b)(2)) within 3 years after the date the of the Interior concerning the application of (fractional) and containing all that remain- Secretary of the department in which the policies for eligible entities developed pursu- ing portion of the unsurveyed fractional sec- Coast Guard is operating determines that ant to subsection 308(b)(1) of the National tion, more particularly described as follows: the land is excess property, as that term is Historic Preservation Act (16 U.S.C. 470w– A parcel of land, including submerged areas, defined in section 102(3) of title 40, United 7(b)(1)); and beginning at a point which marks the center States Code; or (2) may grant an easement or other special of the light structure, thence due North (B) the land reverts to the United States use authorization to an eligible entity, for (magnetic) a distance of 350 feet to the point pursuant to section 308(c)(3) of the National no consideration, to approximately 31 acres of beginning a strip of land 500 feet in width, Historic Preservation Act (16 U.S.C. 470w– as described in the map entitled ‘‘Tree Point the axial centerline of which runs from the 7(c)(3)). Light Station,’’ dated September 24, 2004, on point of beginning due South (magnetic) a (2) RESERVATIONS FOR AIDS TO NAVIGA- terms and conditions that provide for— distance of 700 feet, more or less, to the TION.—Any action taken under this sub- (A) maintenance and preservation of the shoreline of Apalachee Bay, comprising 8.0 section by the Administrator of General structures and improvements; acres, more or less, as shown on plat dated Services shall be subject to any rights that (B) the protection of wilderness and Na- January 2, 1902, by Office of L. H. Engineers, may be reserved by the Commandant of the tional Monument resources; 7th and 8th District, Mobile, Alabama. Coast Guard for the operation and mainte- (C) public safety; and (c) TRANSFER OF ADMINISTRATIVE JURISDIC- nance of Federal aids to navigation. (D) such other terms and conditions TION.—Subject to subsection (f), administra- (f) NOTIFICATION; DISPOSAL OF LANDS BY deemed appropriate by the Secretary of Ag- tive jurisdiction over the public land de- THE ADMINISTRATOR.—The Administrator of riculture. scribed in subsection (b), and over all im- General Services shall promptly notify the (e) ACTIONS FOLLOWING TERMINATION OR provements, structures, and fixtures located Secretary of Agriculture upon the occur- REVOCATION.—In the event that no eligible thereon, is transferred from the department rence of any of the events described in sub- entity is identified within 3 years after ad- in which the Coast Guard is operating to the paragraphs (A) and (B) of subsection (e)(1). If ministrative jurisdiction is transferred to Secretary of the Interior, without reimburse- the Secretary of Agriculture does not re- the Secretary of Agriculture pursuant to ment. quest a transfer as provided for in subsection this subsection, or the easement or other (d) RESPONSIBILITY FOR ENVIRONMENTAL (e) within 90 days after receiving such notifi- special use authorization granted pursuant RESPONSE ACTIONS.—The Coast Guard shall cation from the Administrator, the Adminis- to subsection (d) is terminated or revoked, have sole responsibility in the Federal Gov- trator may dispose of the property in accord- the Secretary of Agriculture may take such ernment to fund and conduct any response ance with section 309 of the National His- actions as are authorized by subsection action required under any applicable Federal toric Preservation Act (16 U.S.C. 470w–8) or 110(b) of the National Historic Preservation or State law or implementing regulation to other applicable surplus real property dis- Act (16 U.S.C. 470h–2(b)). address— posal authority. (f) REVOCATION OF WITHDRAWALS AND RES- (1) a release or threatened release on pub- (g) PRIORITY.—In selecting an eligible enti- ERVATIONS.—Effective on the date of transfer lic land referred to in subsection (b) of any ty to which to convey, under section 308(b) of of lands as provided in this subsection, the hazardous substance, pollutant, contami- the National Historic Preservation Act (16 following public land withdrawals or reserva- nant, petroleum, or petroleum product or de- U.S.C. 470w–7(b)), land referred to in sub- tions for light station and lighthouse pur- rivative that is located on such land on the section (b), the Secretary of the Interior poses on lands in Alaska are revoked as to date of the enactment of this Act; or shall give priority to any eligible entity, as the lands transferred: (2) any other release or threatened release defined in section 308(e) of that Act (16 (1) The unnumbered Executive order dated on public land referred to in subsection (b) of U.S.C. 470w–7(e)) that is the local govern- January 4, 1901, as it affects the Tree Point any hazardous substance, pollutant, con- ment of the community in which the land is Light Station site only. taminant, petroleum, or petroleum product located. (2) Executive Order 4410 dated April 1, 1926, or derivative, that results from any Coast SEC. 502. MISTY FIORDS NATIONAL MONUMENT as it affects the Tree Point Light Station Guard activity occurring after the date of AND WILDERNESS. site only. the enactment of this Act. (a) REQUIREMENT TO TRANSFER.—Notwith- (g) REMEDIATION RESPONSIBILITIES NOT AF- (e) INCLUSION IN REFUGE.— standing section 308(b) of the National His- FECTED.—Nothing in this section shall affect (1) INCLUSION.—The public land described toric Preservation Act (16 U.S.C. 470w–7(b)), any responsibilities of the Commandant of in subsection (b) shall be part of St. Marks if the Secretary of the department in which the Coast Guard for the remediation of haz- National Wildlife Refuge. the Coast Guard is operating determines ardous substances and petroleum contamina- (2) ADMINISTRATION.—Subject to this sub- that the Tree Point Light Station is no tion at the Tree Point Light Station con- section, the Secretary of the Interior shall longer needed for the purposes of the Coast sistent with existing law and regulations. administer the public land described in sub- Guard, the Secretary shall transfer to the The Commandant and the Secretary shall section (b)— Secretary of Agriculture all administrative execute an agreement to provide for the re- (A) through the Director of the United jurisdiction over the Tree Point Light Sta- mediation of the land and structures at the States Fish and Wildlife Service; and tion, without consideration. Tree Point Light Station. (B) in accordance with the National Wild- (b) EFFECTUATION OF TRANSFER.—A trans- SEC. 503. CAPE ST. ELIAS LIGHT STATION. life Refuge System Administration Act of fer under this subsection shall be effectuated For purposes of section 416(a)(2) of Public 1966 (16 U.S.C. 668dd et seq.) and such other by a letter from the Secretary of the depart- Law 105–383, the Cape St. Elias Light Station laws as apply to Federal real property under ment in which the Coast Guard is operating shall comprise approximately 10 acres in fee, the sole jurisdiction of the United States to the Secretary of Agriculture and, except along with additional access easements Fish and Wildlife Service.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20262 CONGRESSIONAL RECORD—HOUSE September 14, 2005

(f) MAINTENANCE OF NAVIGATION FUNC- ‘‘(B) with respect to a double-hull vessel Public Works of the Senate a report on the TIONS.—The transfer under subsection (c), (other than any vessel referred to in subpara- activities carried out under this subsection and the administration of the public land de- graph (A))— and activities proposed to be carried out scribed in subsection (b), shall be subject to ‘‘(i) $1,350 per gross ton for an incident that under this subsection. such conditions and restrictions as the Sec- occurs in 2005; ‘‘(3) FUNDING.—There is authorized to be retary of the department in which the Coast ‘‘(ii) $1,500 per gross ton for an incident appropriated to the Secretary of Commerce Guard is operating considers necessary to en- that occurs in 2006; and $1,000,000 for each of fiscal years 2006 through sure that— ‘‘(iii) $1,700 per gross ton for any incident 2010 to carry out this subsection. (1) the Federal aids to navigation located that occurs in 2007 or in any year thereafter; ‘‘(b) DEMONSTRATION PROJECT.— at St. Marks National Wildlife Refuge con- or’’; and ‘‘(1) REMOVAL OF SUBMERGED OIL.—The tinue to be operated and maintained by the (C) in subparagraph (C), as redesignated by Commandant of the Coast Guard, in conjunc- Coast Guard for as long as they are needed subparagraph (A) of this paragraph— tion with the Undersecretary of Commerce for navigational purposes; (i) in clause (i) by striking ‘‘$10,000,000’’ for Oceans and Atmosphere, shall conduct a (2) the Coast Guard may remove, replace, and inserting ‘‘$14,000,000’’; and demonstration project for the purpose of de- or install any Federal aid to navigation at (ii) in clause (ii) by striking ‘‘$2,000,000’’ veloping and demonstrating technologies the St. Marks National Wildlife Refuge as and inserting ‘‘$2,500,000’’. and management practices to remove sub- may be necessary for navigational purposes; (2) LIMITATION ON APPLICATION.—In the case merged oil from the Delaware River and (3) the United States Fish and Wildlife of an incident occurring before the date of other navigable waters. Service will not interfere or allow inter- the enactment of this Act, section 1004(a)(1) ‘‘(2) FUNDING.—There is authorized to be ference in any manner with any Federal aid of the Oil Pollution Act of 1990 (33 U.S.C. appropriated to the Commandant of the to navigation, nor hinder activities required 2704(a)(1)) shall apply as in effect imme- Coast Guard $2,000,000 for each of fiscal years for the operation and maintenance of any diately before the effective date of this sub- 2006 through 2010 to carry out this sub- Federal aid to navigation, without express section. section.’’. (b) CLERICAL AMENDMENT.—The table of written approval by the Secretary of the de- (b) ADJUSTMENT TO REFLECT CONSUMER sections in section 2 of such Act is amended partment in which the Coast Guard is oper- PRICE INDEX.—Section 1004(d)(4) of the Oil by inserting after the item relating to sec- ating; and Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is tion 7001 the following: (4) the Coast Guard may, at any time, amended to read as follows: enter the St. Marks National Wildlife Ref- ‘‘(4) ADJUSTMENT TO REFLECT CONSUMER ‘‘Sec. 7002. Submerged oil program.’’. uge, without notice, for purposes of oper- PRICE INDEX.—The President shall, by regula- SEC. 606. DELAWARE RIVER AND BAY OIL SPILL ating, maintaining, and inspecting any Fed- tions issued no later than 3 years after the ADVISORY COMMITTEE. (a) ESTABLISHMENT.—There is established eral aid to navigation and ensuring compli- date of the enactment of the Delaware River the Delaware River and Bay Oil Spill Advi- ance with this subsection, to the extent that Protection Act of 2005 and no less than every sory Committee (in this section referred to it is not possible to provide advance notice. 3 years thereafter, adjust the limits on li- as the ‘‘Committee’’). ability specified in subsection (a) to reflect TITLE VI—RESPONSE (b) FUNCTIONS.— significant increases in the Consumer Price SEC. 601. SHORT TITLE. (1) IN GENERAL.—The Committee shall, by Index.’’. not later than 1 year after the date the Com- This title may be cited as the ‘‘Delaware SEC. 604. REQUIREMENT TO UPDATE PHILADEL- River Protection Act of 2005’’. mandant of the Coast Guard (in this section PHIA AREA CONTINGENCY PLAN. referred to as the ‘‘Commandant’’) completes The Philadelphia Area Committee estab- SEC. 602. REQUIREMENT TO NOTIFY COAST appointment of the members of the Com- GUARD OF RELEASE OF OBJECTS lished under section 311(j)(4) of the Federal mittee, make recommendations to the Com- INTO THE NAVIGABLE WATERS OF Water Pollution Control Act (33 U.S.C. mandant, the Committee on Transportation THE UNITED STATES. 1321(j)(4)) shall, by not later than 12 months The Ports and Waterways Safety Act (33 and Infrastructure of the House of Rep- after the date of the enactment of this Act resentatives, and the Committee on Com- U.S.C. 1221 et seq.) is amended by adding at and not less than annually thereafter, review the end the following: merce, Science, and Transportation of the and revise the Philadelphia Area Contin- Senate on methods to improve the preven- ‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST gency Plan to include available data and bio- tion of and response to future oil spills in the GUARD OF RELEASE OF OBJECTS logical information on environmentally sen- Delaware River and Delaware Bay. INTO THE NAVIGABLE WATERS OF sitive areas of the Delaware River and Dela- THE UNITED STATES. (2) MEETINGS.—The Committee— ware Bay that has been collected by Federal (A) shall hold its first meeting not later ‘‘(a) REQUIREMENT.—As soon as a person and State surveys. has knowledge of any release from a vessel than 60 days after the completion of the ap- SEC. 605. SUBMERGED OIL REMOVAL. pointment of the members of the Committee; or facility into the navigable waters of the (a) AMENDMENTS.—Title VII of the Oil Pol- United States of any object that creates an and lution Act of 1990 is amended— (B) shall meet thereafter at the call of the obstruction prohibited under section 10 of (1) in section 7001(c)(4)(B) (33 U.S.C. the Act of March 3, 1899, popularly known as Chairman. 2761(c)(4)(B)) by striking ‘‘RIVERA,’’ and in- (c) MEMBERSHIP.—The Committee shall the Rivers and Harbors Appropriations Act serting ‘‘RIVERA and the T/V ATHOS I;’’; consist of 15 members who have particular of 1899 (chapter 425; 33 U.S.C. 403), such per- and expertise, knowledge, and experience regard- son shall notify the Secretary and the Sec- (2) by adding at the end the following: ing the transportation, equipment, and tech- retary of the Army of such release. ‘‘SEC. 7002. SUBMERGED OIL PROGRAM. niques that are used to ship cargo and to ‘‘(b) RESTRICTION ON USE OF NOTIFICA- ‘‘(a) PROGRAM.— navigate vessels in the Delaware River and TION.—Any notification provided by an indi- ‘‘(1) ESTABLISHMENT.—The Undersecretary Delaware Bay, as follows: vidual in accordance with subsection (a) of Commerce for Oceans and Atmosphere, in (1) Three members who are employed by shall not be used against such individual in conjunction with the Commandant of the port authorities that oversee operations on any criminal case, except a prosecution for Coast Guard, shall establish a program to de- the Delaware River or have been selected to perjury or for giving a false statement.’’. tect, monitor, and evaluate the environ- represent these entities, of whom— SEC. 603. LIMITS ON LIABILITY. mental effects of submerged oil. Such pro- (A) one member must be an employee or (a) ADJUSTMENT OF LIABILITY LIMITS.— gram shall include the following elements: representative of the Port of Wilmington; (1) TANK VESSELS.—Section 1004(a)(1) of the ‘‘(A) The development of methods to re- (B) one member must be an employee or Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) move, disperse or otherwise diminish the representative of the South Jersey Port Cor- is amended— persistence of submerged oil. poration; and (A) by redesignating subparagraph (B) as ‘‘(B) The development of improved models (C) one member must be an employee or subparagraph (C); and capacities for predicting the environ- representative of the Philadelphia Regional (B) by striking subparagraph (A) and in- mental fate, transport, and effects of sub- Port Authority. serting the following: merged oil. (2) Two members who represent organiza- ‘‘(A) with respect to a single-hull vessel, ‘‘(C) The development of techniques to de- tions that operate tugs or barges that utilize including a single-hull vessel fitted with tect and monitor submerged oil. the port facilities on the Delaware River and double sides only or a double bottom only— ‘‘(2) REPORT.—The Secretary of Commerce Delaware Bay. ‘‘(i) $1,550 per gross ton for an incident that shall, no later than 3 years after the date of (3) Two members who represent shipping occurs in 2005; the enactment of the Delaware River Protec- companies that transport cargo by vessel ‘‘(ii) $1,900 per gross ton for an incident tion Act of 2005, submit to the Committee on from ports on the Delaware River and Dela- that occurs in 2006; or Transportation and Infrastructure of the ware Bay. ‘‘(iii) $2,250 per gross ton for an incident House of Representatives and the Committee (4) Two members who represent operators that occurs in 2007 or in any year thereafter; on Commerce, Science, and Transportation of oil refineries on the Delaware River and or and the Committee on Environment and Delaware Bay.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20263 (5) Two members who represent environ- operation and maintenance of Coast Guard (B) the proceeds, if any, of insurance for mental and conservation interests. icebreakers in the waters of Antarctica after such damage are less than an amount equal (6) Two members who represent State-li- fiscal year 2006 that does not rely on the to the greater of— censed pilots who work on the Delaware transfer of funds to the Coast Guard by any (i) the fair market value of the qualified River and Delaware Bay. other Federal agency; and property on August 28, 2005 (as determined (7) One member who represents labor orga- (2) subject to the availability of appropria- by the Secretary); or nizations that load and unload cargo at ports tions, implement the plan in fiscal years (ii) the outstanding mortgage, if any, on on the Delaware River and Delaware Bay. after fiscal year 2006. the qualified property on that date. (8) One member who represents the general SEC. 211. COMMENDATION, RECOGNITION, AND (c) REIMBURSEMENT AMOUNT.—The amount public. THANKS FOR COAST GUARD PER- of the reimbursement that an eligible person (d) APPOINTMENT OF MEMBERS.—The Com- SONNEL. may be paid under this section with respect mandant shall appoint the members of the (a) FINDINGS.—The Congress finds the fol- to a qualified property shall be determined Committee, after soliciting nominations by lowing: as follows: notice published in the Federal Register. (1) On August 29, 2005, Hurricane Katrina (1) In the case of qualified property that is (e) CHAIRMAN AND VICE CHAIRMAN.—The struck the the Gulf of Mexico coastal region a dwelling or condominium unit, the amount Committee shall elect, by majority vote at of Louisiana, Mississippi, and Alabama, shall be— its first meeting, one of the members of the causing the worst natural disaster in United (A) the amount equal to the greater of— Committee as the Chairman and one of the States history. (i) 85 percent of the fair market value of members as the Vice Chairman. The Vice (2) The response to such hurricane by the dwelling or condominium unit on August Chairman shall act as Chairman in the ab- members and employees of the Coast Guard 28, 2005 (as determined by the Secretary), or sence of or incapacity of the Chairman, or in has been immediate, invaluable, and coura- (ii) the outstanding mortgage, if any, on the event of vacancy in the Office of the geous. the dwelling or condominium unit on that Chairman. (3) Members and employees of the Coast date; minus (f) PAY AND EXPENSES.— Guard— (B) the proceeds, if any, of insurance re- (1) PROHIBITION ON PAY.—Members of the (A) have shown great leadership in helping ferred to in subsection (b)(3)(B). Committee who are not officers or employees to coordinate relief efforts with respect to (2) In the case of qualified property that is of the United States shall serve without pay. Hurricane Katrina; a manufactured home, the amount shall be— Members of the Committee who are officers (B) have used their expertise and special- (A) if the owner also owns the real prop- or employees of the United States shall re- ized skills to provide immediate assistance erty underlying such home, the amount de- ceive no additional pay on account of their to victims and survivors of the hurricane; termined under paragraph (1); or service on the Committee. and (B) if the owner leases such underlying (2) EXPENSES.—While away from their (C) have set up remote assistance oper- property— homes or regular places of business, mem- ations in the affected areas in order to best (i) the amount determined under paragraph bers of the Committee may be allowed travel provide service to Gulf of Mexico coastal re- (1); plus expenses, including per diem, in lieu of sub- gion. (ii) the amount of rent payable under the sistence, as authorized by section 5703 of (4) Members of the Coast Guard have vol- lease of such property for the period begin- title 5, United States Code. unteered their unique resources to assess the ning on August 28, 2005, and ending on the (g) TERMINATION.—The Committee shall situation and deliver aid when and where date of the reimbursement under this sec- terminate one year after the completion of other relief efforts could not. tion. the appointment of the members of the Com- (5) Members of the Coast Guard have dem- (d) TRANSFER AND DISPOSAL OF PROP- mittee. onstrated their resolve and character by pro- ERTY.—An owner receiving reimbursement SEC. 607. MARITIME FIRE AND SAFETY ACTIVI- viding aid to Hurricane Katrina victims and under this section shall transfer to the Sec- TIES. survivors. retary all right, title, and interest of the The Maritime Transportation Security Act (6) Members and employees of the Coast owner in the qualified property for which the of 2002 (Public Law 107–295) is amended— Guard have worked together to bring clean owner receives such reimbursement. The (1) in section 407— water, food, and resources to victims and Secretary shall hold, manage, and dispose of (A) in the heading by striking ‘‘LOWER survivors in need. such qualified property in the same manner COLUMBIA RIVER’’; and (b) COMMENDATION, RECOGNITION, AND that the Secretary of Defense holds, man- (B) by striking ‘‘$987,400’’ and inserting THANKS.—The Congress— ages, and disposes of real property under sec- ‘‘$1,500,000’’; and (1) commends the outstanding efforts in re- tion 1013 of the Demonstration Cities and (2) in the table of contents in section 1(b) sponse to Hurricane Katrina by members and Metropolitan Development Act of 1966 (42 by striking the item relating to section 407 employees of the Coast Guard; U.S.C. 3374). (e) QUALIFIED PROPERTY.—Property is and inserting the following: (2) recognizes that the actions of these in- dividuals went above and beyond the call of qualified property for the purposes of this ‘‘Sec. 407. Maritime fire and safety activi- duty; and section if as of August 28, 2005, the property ties.’’. (3) thanks them for their continued dedica- was a one- or two-family dwelling, manufac- H.R. 889 tion and service. tured home, or condominium unit in the OFFERED BY: MR. YOUNG OF ALASKA SEC. 212. HOMEOWNERS ASSISTANCE FOR COAST State of Louisiana, Mississippi, or Alabama GUARD PERSONNEL AFFECTED BY that is owned and occupied, as a principal AMENDMENT NO. 12: At the end of title I add HURRICANE KATRINA. residence, by a person who is eligible under the following: (a) IN GENERAL.—Notwithstanding any subsection (b). SECTION 103. AUTHORIZATION OF FUNDING RE- other provision of law, the Secretary of the (f) SUBJECT TO APPROPRIATIONS.—The au- LATED TO HURRICANE KATRINA. department in which the Coast Guard is op- thority to pay reimbursement under this sec- There is authorized to be appropriated for erating may reimburse a person who is eligi- tion is subject to the availability of appro- fiscal year 2005 for the operation and mainte- ble under subsection (b) for reimbursement priations. nance of the Coast Guard, in addition to the under this section, for losses of qualified SEC. 213. REPORT ON PERSONNEL, ASSETS, AND amounts authorized for that fiscal year by property owned by such person that result EXPENSES. section 101(1) of the Coast Guard and Mari- from damage caused by Hurricane Katrina. Not later than September 15, 2005, and at time Transportation Act of 2004 (118 Stat. (b) ELIGIBLE PERSONS.—A person is eligible least once every month thereafter through 1030), $60,000,000 for emergency hurricane ex- for reimbursement under this section if the January 2006, the Commandant of the Coast penses, emergency repairs, and deployment person is a civilian employee of the Federal Guard shall report to the Committee on of personnel, to support costs of evacuation, Government or member of the uniformed Transportation and Infrastructure of the and for other costs resulting from immediate services who— House of Representatives and the Committee relief efforts related to Hurricane Katrina. (1) was assigned to, or employed at or in on Commerce, Science, and Transportation At the end of title II add the following: connection with, a Coast Guard facility lo- of the Senate regarding the personnel and as- SEC. 210. ICEBREAKER OPERATION AND MAINTE- cated in the State of Louisiana, Mississippi, sets deployed to assist in the response to NANCE PLAN. or Alabama on or before August 28, 2005; Hurricane Katrina and the costs incurred as The Secretary of the department in which (2) incident to such assignment or employ- a result of such response that are in addition the Coast Guard is operating shall— ment, owned and occupied property that is to funds already appropriated for the Coast (1) by not later than 90 days after the date qualified property under subsection (e); and Guard for fiscal year 2005. of the enactment of this Act, submit to the (3) as a result of the effects of Hurricane SEC. 214. LIMITATION ON MOVING ASSETS TO ST. Committee on Transportation and Infra- Katrina, incurred damage to such qualified ELIZABETHS HOSPITAL. structure of the House of Representatives property such that— The Commandant of the Coast Guard may and the Committee on Commerce, Science, (A) the qualified property is unsalable (as not move any Coast Guard personnel, prop- and Transportation of the Senate a plan for determined by the Secretary); and erty, or other assets to the West Campus of

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20264 CONGRESSIONAL RECORD—HOUSE September 14, 2005 St. Elizabeths Hospital until the Adminis- SEC. 415. INTERNATIONAL TONNAGE MEASURE- individual seamen or a specifically identified trator of General Services submits to the MENT OF VESSELS ENGAGED IN THE group of seamen. Committee on Transportation and Infra- ALEUTIAN TRADE. (d) EXPIRATION OF AUTHORITY.—The au- structure of the House of Representatives (a) GENERAL INSPECTION EXEMPTION.—Sec- thorities provided under this section expire and the Committee on Commerce, Science, tion 3302(c)(2) of title 46, United States Code, on December 31, 2006. and Transportation and the Committee on is amended to read as follows: SEC. 420. TEMPORARY AUTHORIZATION TO EX- Environment and Public Works of the Senate ‘‘(2) Except as provided in paragraphs (3) TEND THE DURATION OF VESSEL plans— and (4) of this subsection, the following fish CERTIFICATES OF INSPECTION. (1) to provide road access to the site from tender vessels are exempt from section (a) AUTHORITY TO EXTEND.—Notwith- Interstate Route 295; and 3301(1), (6), (7), (11), and (12) of this title: standing section 3307 and 3711(b) of title 46, (2) for the design of facilities for at least ‘‘(A) A vessel of not more than 500 gross United States Code, the Secretary of the de- partment in which the Coast Guard is oper- one Federal agency other than the Coast tons as measured under section 14502 of this ating may temporarily extend the duration Guard that would house no less than 2,000 title or an alternate tonnage measured under or the validity of a certificate of inspection employees at such location. section 14302 of this title as prescribed by the or a certificate of compliance issued under Amend section 405 to read as follows: Secretary under section 14104 of this title. ‘‘(B) A vessel engaged in the Aleutian trade chapter 33 or 37, respectively, of title 46, SEC. 405. REPORT. United States Code, for up to 6 months for a (a) IN GENERAL.—The Commandant of the that is not more than 2,500 gross tons as measured under section 14302 of this title.’’. vessel inspected by a Coast Guard Marine Coast Guard shall review the adequacy of as- Safety Office located in Alabama, Mis- (b) OTHER INSPECTION EXEMPTION AND sets and facilities described in subsection (b) sissippi, or Louisiana. WATCH REQUIREMENT.—Paragraphs (3)(B) and to carry out the Coast Guard’s missions, in- (b) EXPIRATION OF AUTHORITY.—The au- (4) of section 3302(c) of that title and section cluding search and rescue, illegal drug and thority provided under this section expires 8104 (o) of that title are each amended by migrant interdiction, aids to navigation, on December 31, 2006. striking ‘‘or an alternate tonnage measured ports, waterways and coastal security, ma- SEC. 421. TEMPORARY CENTER FOR PROCESSING rine environmental protection, and fisheries under section 14302 of this title as prescribed OF FOR LICENSES, CERTIFICATES law enforcement. Not later than 180 days by the Secretary under section 14104 of this OF REGISTRY, AND MERCHANT after the date of the enactment of this Act, title’’ and inserting ‘‘or less than 500 gross MARINERS’ DOCUMENTS. the Commandant shall submit a report to tons as measured under section 14502 of this (a) IN GENERAL.—Not later than October 15, the Committee on Transportation and Infra- title, or is less than 2,500 gross tons as meas- 2005, the Commandant of the Coast Guard structure of the House of Representatives ured under section 14302 of this title’’. shall establish a temporary facility in Baton and the Committee on Commerce, Science, SEC. 416. ASSESSMENT AND PLANNING. Rouge, Louisiana, that is sufficient to proc- and Transportation of the Senate that in- There is authorized to be appropriated to ess applications for new licenses, certificate cludes the findings of that review and any the Coast Guard $400,000 to carry out an as- of registries, and merchant mariners’ docu- recommendations to enhance mission capa- sessment of and planning for the impact of ments under chapters 71 or 73 of title 46, bilities in those areas. an Arctic Sea Route on the indigenous peo- United States Code. This requirement ex- (b) AREAS OF REVIEW.—The report under ple of Alaska. pires on December 31, 2006. (b) TERMINATION OF REQUIREMENT.—The subsection (a) shall provide information and SEC. 417. HOMEPORT. recommendations on the following assets: Commandant is not required to maintain Subject to the availability of appropria- such facility after December 31, 2006. (1) Coast Guard aircraft, including heli- tions, the Commandant of the Coast Guard copters, stationed at Air Station Detroit in SEC. 422. DETERMINATION OF NAVIGATIONAL IM- shall homeport the Coast Guard cutter PACT. the State of Michigan. HEALY in Anchorage, Alaska. In any case in which a person requests the (2) Coast Guard vessels and aircraft sta- SEC. 418. OPINIONS REGARDING WHETHER CER- Secretary of the Army to take action under tioned in the Commonwealth of Puerto Rico. TAIN FACILITIES CREATE OBSTRUC- the authority of section 10 of the Act of (3) Coast Guard vessels and aircraft sta- TIONS TO NAVIGATION. March 3, 1899, popularly known as the Rivers tioned in the State of Louisiana along the In any case in which a person requests the and Harbors Appropriations Act of 1899 Lower Mississippi River between the Port of Secretary of the Army to take action to per- (chapter 425; 33 U.S.C. 403), the Commandant New Orleans and the Red River. mit a wind energy facility under the author- of the Coast Guard shall provide to the Sec- (4) Coast Guard vessels and aircraft sta- ity of section 10 of the Act of March 3, 1899 retary an opinion in writing that states tioned in Coast Guard Sector Delaware Bay. (33 U.S.C. 403), the Commandant of the Coast whether the proposed structure or activity (5) Physical infrastructure at Boat Station Guard shall provide an opinion in writing would create an obstruction to navigation. Cape May in the State of New Jersey. that states whether the proposed facility SEC. 423. PORT RICHMOND. In section 412 insert ‘‘of 1990’’ after ‘‘Oil would create an obstruction to navigation. The Secretary of the department in which Pollution Act’’. the Coast Guard is operating acting through At the end of title IV add the following: SEC. 419. TEMPORARY AUTHORIZATION TO EX- TEND THE DURATION OF LICENSES, the Commandant of the Coast Guard may SEC. 413. REPORT ON TECHNOLOGIES. CERTIFICATES OF REGISTRY, AND not approve the security plan under section Not later than 180 days after the date of MERCHANT MARINERS’ DOCU- 70103(c) of title 46, United States Code, for a the enactment of this Act, the Commandant MENTS. liquefied natural gas import facility at Port of the Coast Guard shall submit a report to (a) LICENSES AND CERTIFICATES OF REG- Richmond in Philadelphia, Pennsylvania, the Committee on Transportation and Infra- ISTRY.—Notwithstanding sections 7106 and until the Secretary conducts a vulnerability structure of the House of Representatives 7107 of title 46, United States Code, the Sec- assessment under section 70102(b) of such and the Committee on Commerce, Science, retary of the department in which the Coast title. and Transportation of the Senate that in- Guard is operating may temporarily extend SEC. 424. CAPE ST. ELIAS LIGHT STATION. cludes an assessment of— the duration of a license or certificate of reg- For purposes of section 416(a)(2) of Public (1) the availability and effectiveness of istry issued for an individual under chapter Law 105–383, the Cape St. Elias Light Station technologies that evaluate and identify in- 71 of that title for up to one year, if— shall comprise approximately 10 acres in fee, bound vessels and their cargo for potential (1) the records of the individual are located along with additional access easements threats before they reach United States at the Coast Guard facility in New Orleans issued without consideration by the Sec- ports, including technologies already tested that was damaged by Hurricane Katrina; or retary of Agriculture, as generally described or in testing at joint operating centers; and (2) the individual is a resident of Alabama, in the map entitled ‘‘Cape St. Elias Light (2) the costs associated with implementing Mississippi, or Louisiana. Station,’’ dated September 14, 2004. The Sec- such technology at all United States ports. (b) MERCHANT MARINERS’ DOCUMENTS.— retary of the department in which the Coast SEC. 414. MOVEMENT OF ANCHORS. Notwithstanding section 7302(g) of title 46, Guard is operating shall keep such map on Section 12105 of title 46, United States United States Code, the Secretary of the de- file and available for public inspection. Code, is amended by adding at the end the partment in which the Coast Guard is oper- At the end of the bill add the following: following: ating may temporarily extend the duration TITLE V—RESPONSE ‘‘(c) Only a vessel for which a certificate of of a merchant mariners’ document issued for SEC. 501. SHORT TITLE. documentation with a registry endorsement an individual under chapter 73 of that title This title may be cited as the ‘‘Delaware is issued may be employed in the setting or for up to one year, if— River Protection Act of 2005’’. moving of the anchors or other mooring (1) the records of the individual are located SEC. 502. REQUIREMENT TO NOTIFY COAST equipment of a mobile offshore drilling unit at the Coast Guard facility in New Orleans GUARD OF RELEASE OF OBJECTS that is located above or on the outer Conti- that was damaged by Hurricane Katrina; or INTO THE NAVIGABLE WATERS OF nental Shelf of the United States (as that (2) the individual is a resident of Alabama, THE UNITED STATES. term is defined in section 2(a) of the Outer Mississippi, or Louisiana. The Ports and Waterways Safety Act (33 Continental Shelf Lands Act (43 U.S.C. (c) MANNER OF EXTENSION.—Any extensions U.S.C. 1221 et seq.) is amended by adding at 1331(a)).’’. granted under this section may be granted to the end the following:

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—HOUSE 20265 ‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST gency Plan to include available data and bio- Senate on methods to improve the preven- GUARD OF RELEASE OF OBJECTS logical information on environmentally sen- tion of and response to future oil spills in the INTO THE NAVIGABLE WATERS OF sitive areas of the Delaware River and Dela- Delaware River and Delaware Bay. THE UNITED STATES. ware Bay that has been collected by Federal (2) MEETINGS.—The Committee— ‘‘(a) REQUIREMENT.—As soon as a person and State surveys. (A) shall hold its first meeting not later has knowledge of any release from a vessel SEC. 505. SUBMERGED OIL REMOVAL. than 60 days after the completion of the ap- or facility into the navigable waters of the (a) AMENDMENTS.—Title VII of the Oil Pol- pointment of the members of the Committee; United States of any object that creates an lution Act of 1990 is amended— and obstruction prohibited under section 10 of (1) in section 7001(c)(4)(B) (33 U.S.C. (B) shall meet thereafter at the call of the the Act of March 3, 1899, popularly known as 2761(c)(4)(B)) by striking ‘‘RIVERA,’’ and in- Chairman. the Rivers and Harbors Appropriations Act serting ‘‘RIVERA and the T/V ATHOS I;’’; (c) MEMBERSHIP.—The Committee shall of 1899 (chapter 425; 33 U.S.C. 403), such per- and consist of 15 members who have particular son shall notify the Secretary and the Sec- (2) by adding at the end the following: expertise, knowledge, and experience regard- retary of the Army of such release. ‘‘SEC. 7002. SUBMERGED OIL PROGRAM. ing the transportation, equipment, and tech- ‘‘(b) RESTRICTION ON USE OF NOTIFICA- ‘‘(a) PROGRAM.— niques that are used to ship cargo and to TION.—Any notification provided by an indi- navigate vessels in the Delaware River and ‘‘(1) ESTABLISHMENT.—The Undersecretary vidual in accordance with subsection (a) of Commerce for Oceans and Atmosphere, in Delaware Bay, as follows: shall not be used against such individual in conjunction with the Commandant of the (1) Three members who are employed by any criminal case, except a prosecution for Coast Guard, shall establish a program to de- port authorities that oversee operations on perjury or for giving a false statement.’’. tect, monitor, and evaluate the environ- the Delaware River or have been selected to SEC. 503. LIMITS ON LIABILITY. mental effects of submerged oil. Such pro- represent these entities, of whom— (a) ADJUSTMENT OF LIABILITY LIMITS.— gram shall include the following elements: (A) one member must be an employee or (1) TANK VESSELS.—Section 1004(a)(1) of the ‘‘(A) The development of methods to re- representative of the Port of Wilmington; Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) move, disperse or otherwise diminish the (B) one member must be an employee or is amended— persistence of submerged oil. representative of the South Jersey Port Cor- (A) by redesignating subparagraph (B) as ‘‘(B) The development of improved models poration; and subparagraph (C); and capacities for predicting the environ- (C) one member must be an employee or (B) by striking subparagraph (A) and in- mental fate, transport, and effects of sub- representative of the Philadelphia Regional serting the following: merged oil. Port Authority. ‘‘(A) with respect to a single-hull vessel, ‘‘(C) The development of techniques to de- (2) Two members who represent organiza- including a single-hull vessel fitted with tect and monitor submerged oil. tions that operate tugs or barges that utilize the port facilities on the Delaware River and double sides only or a double bottom only— ‘‘(2) REPORT.—The Secretary of Commerce ‘‘(i) $1,550 per gross ton for an incident that shall, no later than 3 years after the date of Delaware Bay. occurs in 2005; the enactment of the Delaware River Protec- (3) Two members who represent shipping ‘‘(ii) $1,900 per gross ton for an incident tion Act of 2005, submit to the Committee on companies that transport cargo by vessel that occurs in 2006; or Transportation and Infrastructure of the from ports on the Delaware River and Dela- ‘‘(iii) $2,250 per gross ton for an incident House of Representatives and the Committee ware Bay. that occurs in 2007 or in any year thereafter; on Commerce, Science, and Transportation (4) Two members who represent operators or and the Committee on Environment and of oil refineries on the Delaware River and ‘‘(B) with respect to a double-hull vessel Public Works of the Senate a report on the Delaware Bay. (other than any vessel referred to in subpara- activities carried out under this subsection (5) Two members who represent environ- graph (A))— and activities proposed to be carried out mental and conservation interests. ‘‘(i) $1,350 per gross ton for an incident that under this subsection. (6) Two members who represent State-li- censed pilots who work on the Delaware occurs in 2005; ‘‘(3) FUNDING.—There is authorized to be ‘‘(ii) $1,500 per gross ton for an incident appropriated to the Secretary of Commerce River and Delaware Bay. that occurs in 2006; and $1,000,000 for each of fiscal years 2006 through (7) One member who represents labor orga- ‘‘(iii) $1,700 per gross ton for any incident 2010 to carry out this subsection. nizations that load and unload cargo at ports that occurs in 2007 or in any year thereafter; ‘‘(b) DEMONSTRATION PROJECT.— on the Delaware River and Delaware Bay. or’’; and ‘‘(1) REMOVAL OF SUBMERGED OIL.—The (8) One member who represents the general (C) in subparagraph (C), as redesignated by Commandant of the Coast Guard, in conjunc- public. subparagraph (A) of this paragraph— tion with the Undersecretary of Commerce (d) APPOINTMENT OF MEMBERS.—The Com- mandant shall appoint the members of the (i) in clause (i) by striking ‘‘$10,000,000’’ for Oceans and Atmosphere, shall conduct a Committee, after soliciting nominations by and inserting ‘‘$14,000,000’’; and demonstration project for the purpose of de- notice published in the Federal Register. (ii) in clause (ii) by striking ‘‘$2,000,000’’ veloping and demonstrating technologies and inserting ‘‘$2,500,000’’. (e) CHAIRMAN AND VICE CHAIRMAN.—The and management practices to remove sub- Committee shall elect, by majority vote at (2) LIMITATION ON APPLICATION.—In the case merged oil from the Delaware River and its first meeting, one of the members of the of an incident occurring before the date of other navigable waters. Committee as the Chairman and one of the the enactment of this Act, section 1004(a)(1) ‘‘(2) FUNDING.—There is authorized to be members as the Vice Chairman. The Vice of the Oil Pollution Act of 1990 (33 U.S.C. appropriated to the Commandant of the Chairman shall act as Chairman in the ab- 2704(a)(1)) shall apply as in effect imme- Coast Guard $2,000,000 for each of fiscal years sence of or incapacity of the Chairman, or in diately before the effective date of this sub- 2006 through 2010 to carry out this sub- the event of vacancy in the Office of the section. section.’’. Chairman. (b) ADJUSTMENT TO REFLECT CONSUMER (b) CLERICAL AMENDMENT.—The table of (f) PAY AND EXPENSES.— PRICE INDEX.—Section 1004(d)(4) of the Oil sections in section 2 of such Act is amended (1) PROHIBITION ON PAY.—Members of the Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is by inserting after the item relating to sec- Committee who are not officers or employees amended to read as follows: tion 7001 the following: of the United States shall serve without pay. ‘‘(4) ADJUSTMENT TO REFLECT CONSUMER ‘‘Sec. 7002. Submerged oil program.’’. Members of the Committee who are officers PRICE INDEX.—The President shall, by regula- SEC. 506. DELAWARE RIVER AND BAY OIL SPILL or employees of the United States shall re- tions issued no later than 3 years after the ADVISORY COMMITTEE. ceive no additional pay on account of their date of the enactment of the Delaware River (a) ESTABLISHMENT.—There is established service on the Committee. Protection Act of 2005 and no less than every the Delaware River and Bay Oil Spill Advi- (2) EXPENSES.—While away from their 3 years thereafter, adjust the limits on li- sory Committee (in this section referred to homes or regular places of business, mem- ability specified in subsection (a) to reflect as the ‘‘Committee’’). bers of the Committee may be allowed travel significant increases in the Consumer Price (b) FUNCTIONS.— expenses, including per diem, in lieu of sub- Index.’’. (1) IN GENERAL.—The Committee shall, by sistence, as authorized by section 5703 of SEC. 504. REQUIREMENT TO UPDATE PHILADEL- not later than 1 year after the date the Com- title 5, United States Code. PHIA AREA CONTINGENCY PLAN. mandant of the Coast Guard (in this section (g) TERMINATION.—The Committee shall The Philadelphia Area Committee estab- referred to as the ‘‘Commandant’’) completes terminate one year after the completion of lished under section 311(j)(4) of the Federal appointment of the members of the Com- the appointment of the members of the Com- Water Pollution Control Act (33 U.S.C. mittee, make recommendations to the Com- mittee. 1321(j)(4)) shall, by not later than 12 months mandant, the Committee on Transportation SEC. 507. MARITIME FIRE AND SAFETY ACTIVI- after the date of the enactment of this Act and Infrastructure of the House of Rep- TIES. and not less than annually thereafter, review resentatives, and the Committee on Com- The Maritime Transportation Security Act and revise the Philadelphia Area Contin- merce, Science, and Transportation of the of 2002 (Public Law 107–295) is amended—

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20266 CONGRESSIONAL RECORD—HOUSE September 14, 2005 (1) in section 407— amount specified in paragraph (1), equals 90 SEC. ll. REIMBURSEMENT OF ADDITIONAL (A) in the heading by striking ‘‘LOWER percent of the total allowable catch. COSTS OF ELEVATED THREAT LEV- ELS. COLUMBIA RIVER’’; and (b) APPLICABILITY.—Subsection (a) shall (B) by striking ‘‘$987,400’’ and inserting apply, with respect to each fishery referred (a) REQUIREMENT.—The Secretary of Home- ‘‘$1,500,000’’; and to in subsection (a)(1), whenever the total al- land Security, acting through the Com- (2) in the table of contents in section 1(b) lowable catch for that fishery is more than 2 mandant of the Coast Guard, shall reimburse by striking the item relating to section 407 percent higher than the total allowable port authorities, facility operators, and and inserting the following: catch for that fishery during calendar year State and local agencies, that are required ‘‘Sec. 407. Maritime fire and safety activi- 2005. under Federal law to provide security serv- ties.’’. H.R. 889 ices or funds to implement Area Maritime Transportation Security Plans and facility H.R. 889 OFFERED BY: MR. YOUNG OF ALASKA security plans under chapter 701 of title 46, OFFERED BY: MR. YOUNG OF ALASKA AMENDMENT NO. 15: Add at the end of title United States Code, for 50 percent of eligible AMENDMENT NO. 13: At the end of Title IV IV the following: costs incurred by such persons in imple- add the following: SEC. ll. ELIGIBILITY TO PARTICIPATE IN WEST- menting protective measures and counter- SEC. ll. Section 8103(b) of title 46, United ERN ALASKA COMMUNITY DEVELOP- measures in response to any public advisory States Code, is amended by adding the fol- MENT QUOTA PROGRAM. or alert regarding a threat to homeland secu- lowing paragraph at the end of that sub- (a) TREATMENT OF SECRETARY APPROVAL.— rity that is issued under the United States section: (1) IN GENERAL.—Approval by the Secretary Coast Guard Maritime Security (MARSEC) ‘‘(4) Paragraph (1) of this subsection and of Commerce of a community development system or any successor to such system, and Section 8701 of this title do not apply to indi- plan, or an amendment thereof, shall not be that is above the baseline threat level under viduals transported on international voyages considered a major Federal action for pur- that system. who are not part of the crew complement re- poses of section 102(2) of the Public Law 91– (b) ELIGIBLE COSTS.—For purposes of sub- quired under Section 8101 or a member of the 190 (42 U.S.C. 4332(2)). section (a), eligible costs consist of any of Stewards department, and do not perform (2) DEFINITION.—(A) In this subsection, the the following: watchstanding functions. However, such in- term ‘‘community development plan’’ means (1) Salary, benefits, overtime compensa- dividuals must possess a transportation se- a plan, prepared by a community develop- tion, retirement contributions, and other curity card issued under Section 70105 of this ment quota group for the western Alaska costs of additional Coast Guard-mandated se- title, when required.’’ community development quota program curity personnel. under section 305(i) of the Magnuson-Stevens H.R. 889 (2) The cost of acquisition, operation, and Fishery Conservation and Management Act OFFERED BY: MR. YOUNG OF ALASKA maintenance of security equipment or facili- (16 U.S.C. 1855(i)), that describes how the ties to be used for security monitoring and AMENDMENT NO. 14: Add at the end of title group intends to— recording, security gates and fencing, marine IV the following: (i) harvest its share of fishery resources al- barriers for designated security zones, secu- SEC. ll. QUOTA SHARE ALLOCATION. located to the program; and rity-related lighting systems, remote sur- (a) IN GENERAL.—The Voluntary Three-Pie (ii) use the harvest opportunity, and any veillance, concealed video systems, security Cooperative Program for crab fisheries of the revenue derived from such use, to assist com- vessels, and other security-related infra- Bering Sea and Aleutian Islands imple- munities that are members of the group with structure or equipment that contributes to mented under section 801 of title VIII of divi- projects to advance economic development. the overall security of passengers, cargo, or sion B of Public Law 108–199 is amended to (B) In this subsection, no plan that allo- crewmembers. require that— cates fishery resources to the western Alas- (3) The cost of screening equipment, in- (1) Blue Dutch, LLC, shall receive crab ka community development quota program cluding equipment that detects weapons of processing quota shares equal to 1.5 percent under section 305(i) of the Magnuson-Stevens mass destruction and conventional explo- of the total allowable catch for each of the Fishery Conservation and Management Act sives, and of testing and evaluating such following fisheries: the Bristol Bay red king (16 U.S.C. 1855(i)) is a ‘‘community develop- equipment, to certify secure systems of crab fishery and the Bering Sea C. opilio ment plan’’. crab fishery; and transportation. H.R. 889 (2) the Program implementing regulations (c) SUBJECT TO APPROPRIATIONS.—The re- shall be adjusted so that the total of all crab OFFERED BY: MR. INSLEE quirement to provide reimbursement under processing quota shares for each fishery re- AMENDMENT NO. 16: At the end of title IV this section is subject to the availability of ferred to in paragraph (1), including the add the following: appropriations.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20267 SENATE—Wednesday, September 14, 2005

The Senate met at 9:30 a.m. and was have a 60-minute period for morning As a physician, as well as a legis- called to order by the President pro business. Following that time, which lator, I am troubled by this growing tempore (Mr. STEVENS). will end at approximately 10:45 or so, meth crisis. As we travel across our we will return to the consideration of States and look at the devastation that PRAYER the Commerce-Justice-Science appro- is caused by this particular drug and The Chaplain, Dr. Barry C. Black, of- priations bill. the making and manufacturing of this fered the following prayer: Last night, we reached consent for a drug, we do need to act. In the last 10 Let us pray. vote in relation to the Stabenow years, meth has become America’s No. O God, who keeps us in the midst of amendment on interoperable commu- 1 drug problem—before marijuana, co- dangers, shelter us from temptations. nications, which will again be at 11 caine, heroin, and any other drug. Keep us from the pride that encourages a.m. That vote will be on a motion to In Tennessee, we have been particu- us to think of ourselves more highly waive a budget point of order with re- larly hard hit. In 2004, Tennessee than we are. Deliver us from the leth- spect to Senator STABENOW’s amend- ranked No. 2, tied with Iowa and be- hind Missouri, in the number of meth- argy which delights too much in ease ment. As I stated last night, we have been amphetamine lab seizures. A good and comfort. Save us from procrasti- on this bill for 5 days now and we need friend of mine, Sandy Mattice, who is a nation, from refusing to face the un- to finish our work on this legislation U.S. Attorney for the Eastern District pleasant, and from analyzing things today. The two managers have done a of Tennessee, describes meth as ‘‘the until it is too late to ever do them. good job working with Members on worst stuff that we have seen.’’ And it Protect us from losing heart and their language and have been able to has led to some of the worst, most dis- hope, and from the desire to lower our accept a number of amendments. There turbing cases of violence and abuse we standards and to accept things as they are others that we will need to vote have ever seen. are. Today, guide our lawmakers away upon and we will be scheduling those Last month, as I was traveling across from the temptations of criticism and for today and into this evening. Tennessee, I heard again and again faultfinding. Give them the strength to We need to be prepared to go late from people from all walks of life about resist the weakness of thinking the into the evening, if necessary, to com- the devastating impact meth is having worst of others. Empower each of us to plete the Commerce-Justice-Science on the people of our State. I heard the fight every seduction that makes sin appropriations bill. I hope we can fin- stories about meth destroying individ- more attractive. Provide us with the ish earlier, but if we do have votes on uals’ lives and families’ lives, how purity to overcome evil with good. We many of the remaining amendments mothers and fathers who are addicts pray in Your Holy Name. Amen. and Members insist upon that, it will abuse their children or each other dur- f be necessary to work late. ing the highs as well as the with- The hearings on Judge Roberts con- PLEDGE OF ALLEGIANCE drawals from meth. We have heard tinue today in the Judiciary Com- again how addicts steal from their own The PRESIDENT pro tempore led the mittee. We have tried to accommodate parents or even their own children be- Pledge of Allegiance as follows: that schedule with the least number of cause they are so desperate for money I pledge allegiance to the Flag of the interruptions. However, we have to to buy meth. United States of America and to the Repub- continue to get our work done on the One Tennessee case was so horrific lic for which it stands, one nation under God, Senate floor on these important appro- that it made national news and ulti- indivisible, with liberty and justice for all. priations bills. mately changed Tennessee law. In June f I expect we will be voting throughout of last year, authorities found 3-year- RESERVATION OF LEADER TIME the day today and, as I mentioned, into old Haley Spicer at her father’s mobile the evening, to finish the Commerce- home in Campbell County. Haley had The PRESIDENT pro tempore. Under Justice-Science measure. been burned with cigarettes and scald- the previous order, the leadership time f ed with hot water in a bathtub. The is reserved. fumes in her meth-addicted father’s THE SCOURGE OF f meth lab were so toxic that Haley’s METHAMPHETAMINE MORNING BUSINESS eyelids had even melted shut. Haley Mr. FRIST. Mr. President, I take a had to undergo a number of surgeries The PRESIDENT pro tempore. Under few moments to comment on one as- to open her eyes. She faces a lot more the previous order, there will be a pe- pect of the Commerce-Justice-Science in terms of surgeries and operations to riod for the transaction of morning appropriations bill. In doing so, I want rebuild and reconstruct her nose and business for up to 60 minutes, with the to thank my colleagues on both sides repair her ear. first half of the time under the control of the aisle for their bipartisan co- Haley’s father, Tommy Joe Owens, of the Democratic leader or his des- operation in getting this bill done, has been convicted on three counts of ignee and the second half of the time which I believe we can do by tonight. aggravated child abuse and one count under the control of the majority lead- The funding in this bill is critical to of neglect. Owens, who claims to have er or his designee. the functioning of our Government, never hurt his daughter, faces up to 60 f and I expect it will pass with strong bi- years on each count at a sentencing partisan support. hearing next month. RECOGNITION OF THE MAJORITY Before we cast a lot more votes, I do His live-in girlfriend Charlotte Clai- LEADER want to call everybody’s attention to borne pleaded no contest to the same The PRESIDENT pro tempore. The one particular aspect of this bill that charges and will likely be sentenced to majority leader is recognized. has ramifications throughout each of 20 years. Haley’s case was so disturbing f our States that people are becoming that it led to swift and aggressive leg- more and more aware of but deserves a islative action back in Tennessee. This SCHEDULE lot more attention, and this is the August, the State legislature passed Mr. FRIST. Mr. President, today fol- methamphetamine crisis that is raging Haley’s Law which drastically tough- lowing the time for the leaders, we will all across this country. ens the child abuse penalties. This was

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

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20268 CONGRESSIONAL RECORD—SENATE September 14, 2005

an important victory for the youngest without more amphetamine coming In closing, I thank Senators TALENT victims of meth, but it addresses the into the system all the time. Eventu- and FEINSTEIN for taking the lead on problem after the fact, after meth has ally, in a pattern similar to Parkin- this issue and for their hard work in led to the violence. It is time for all of son’s disease, there are no terminals getting the Combat Meth Act adopted us to address what we can do to pre- there—they are destroyed—which can as part of the appropriations process. vent this meth abuse. release dopamine and users experience The Combat Meth Act is a critical first Haley’s father should be in jail for a prolonged and often permanent depres- step to defeating this ongoing crisis. I long time, but we have to do more. sion. urge my colleagues to follow this issue Local law enforcement is crying out for Thus, the personal cost is staggering. very closely because this is not going our help. The cost to the community at large is to be the end of it. This is the No. 1 Meth is highly addictive, and it is staggering. An estimated 12 million drug problem facing the people of our highly destructive as a substance. Americans have tried methamphet- States today. We will be talking about Users experience a powerful boost, de- amine. It is estimated that about 1.5 it a lot more in the coming days and scribed as more powerful than any million people are regular users. In weeks. Meth is destroying individuals, other drug, three times the intensity of many areas of the country, the medical it is destroying families, and it is de- cocaine. The high lasts for longer, up costs for county jails have doubled be- stroying communities. We cannot tol- to 8 hours. Users take hit after hit on cause of meth. Last month, a colleague erate that. America needs to put a stop sleepless binges that can last up to 2 of mine at Vanderbilt, Dr. Jeffrey Guy, to this growing health and moral cri- and sometimes even 3 weeks. Once who is director of Vanderbilt Medical sis. sucked in, many users find it impos- Center’s burn unit, which is in Nash- I yield the floor. sible to climb out. ville, told Newsweek: I do not know if The PRESIDENT pro tempore. The Take, for example, Lynn Noland, also we will have a burn unit 5 to 10 years Senator from North Dakota. of Tennessee. Lynn did not plan on be- from now if Vanderbilt continues to Mr. DORGAN. The majority leader, coming an addict, nor for that matter take on the large burden of $5 million my colleague from Tennessee, speaks did she plan on becoming what she did, to $10 million per year in uncompen- of methamphetamine. It is an enor- a drug dealer. It started 4 years ago sated care for patients burned in meth mous problem in this country, espe- when Lynn was a 36-year-old mar- lab explosions. cially in rural States. I certainly ap- keting executive and she tried her first Doctors estimate that treating burn preciate the comments he has made hit. One hit became an addiction and victims exceeds about $10,000 a day per today. It is something on which we she quit her well-paying job and start- patient, most of whom do not have must provide enormous focus. It is de- ed trading meth ingredients to support health insurance. Meth abuse often stroying lives. It is one of the most her habit. leads to violent crimes, including do- highly addictive drugs we know. You She would disguise herself as a farm- mestic violence, assaults, robberies, can cook methamphetamine virtually er, put on overalls and put on a ball and burglaries. Local law enforcement anywhere—an abandoned farmhouse. cap and stop by the co-op to be able to is finding itself overwhelmed. Most You can buy the products from which purchase ingredients undetected in an rural police departments do not have you make methamphetamine, in many unsuspecting way. the resources to deal with all of the States, across the counter. This is a Another dangerous aspect of meth is problems brought forward by meth to deadly drug causing havoc for so many it can be cooked anywhere with store- deal with the lab explosions, the expen- people. bought ingredients. So it is very mo- sive toxic waste cleanup required when If you talk to law enforcement people bile. It is easy to make and it is hard one goes in and removes these labs. about dealing with methamphetamine, to detect where it is made. Lynn start- Each pound of methamphetamine they will tell you that when they ar- ed cooking the drug herself in caves, as leaves behind 5 to 6 pounds of this toxic rest someone involved in methamphet- she describes it, and in little sheds. waste, and the cleanup involves dan- amine, they don’t quite know what ‘‘I could not live without meth,’’ she gerous exposure to our law enforce- they are going to get. These are people said. ‘‘I could not lift my head off the ment officers engaged in removal of who can become the most enormously pillow to brush my teeth without it.’’ these labs. violent people in the world, or they can Eventually, Lynn was arrested. She A very effective way to stop the meth be passive. You don’t quite know what lost custody of her children and ended crisis is to restrict the ingredients that you are going to find, what you are up in a halfway house. Lynn was lucky. make up meth and to restrict it all going to get. It contributes to substan- She was able to kick her habit. Most across the country in all 50 States. tial crime and destroys lives. I appre- addicts need repeated episodes of reha- Jerry Estes, a district attorney general ciate the comments of my colleague, bilitation. Many never succeed and in Tennessee, has seen a dramatic re- the majority leader. many never survive. They die of severe duction in meth lab seizures since our f burns from lab explosions. Some com- State, Tennessee, passed the bill re- mit suicide. Some are killed by a stricting access to cold medicines that EMERGENCY PREPAREDNESS spouse who is also addicted. serve as the ingredients for the manu- Mr. DORGAN. Mr. President, I come Meth leads to depression; it leads to facture of meth. North Carolina, how- to the floor to make a brief statement psychosis; it leads to skin infections; it ever, has not adopted similar legisla- on something I know the majority leads to high blood pressure; it leads to tion. As a result, what has been found, leader and also the Democratic leader, hepatitis C; it leads to kidney damage; at least in southeast Tennessee, is that Senator REID, have been speaking it leads to severe tooth decay, to name people will simply cross the border to about in recent days, and that is the a few. The list goes on. The greatest buy those ingredients and bring them issue of the creation of an independent health risk of meth is the impact it has back home. Thus, we need a uniform commission to evaluate exactly what on the brain. It rewires the brain. policy across this country. kind of preparedness exists in this Methamphetamine produces a huge Jerry tells me the single greatest im- country and to evaluate this country’s rush of a chemical called dopamine in pact we could have on reducing meth response to a natural disaster or to a the brain, and that results in a huge abuse is requiring all 50 States to re- terrorist attack. surge, a euphoria that results from this strict access to pseudoephedrine. That It is important, it seems to me, in increase in dopamine transmission. is what the Combat Meth Act does. It this case, to stare truth in the eye. We Over time, however, this excess of requires States to restrict access to all don’t do that with fiscal policy. We dopamine destroys the transmission, cold medicines containing meth pre- don’t stare truth in the eye with re- the neurological linkage system, with- cursors so that meth producers simply spect to trade policy. Both have the in the brain, and users experience an cannot shop and cruise from State to highest deficits in the history of the inability to have emotions or pleasure State. country at this point. There are many

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20269 areas where we try to ignore what is I know why there are some who do The result of that is the highest prices going on, and we do so successfully, re- not like independent commissions: you we have seen in this country. grettably, much to the detriment of can’t control them. You can’t control Last year, the price of oil was $34.50 the future of this country. The ques- information. You can’t control direc- a barrel—January 31, 2004. At that tion of what we do with disaster relief tion. You lose control with an inde- price the oil companies are making and disaster preparedness, prepared- pendent commission. record profits. Now it is $30 above that. ness to try to deal with a terrorist at- But we need an independent commis- That is $7 billion a month in extra tack, is a different issue. sion to investigate exactly what has profit, $80 billion on a yearly basis of I noticed today in the newspapers happened, what went wrong at all lev- extra profit. That, in my judgment, is and on television, the folks in New Or- els, and try to evaluate how we put to- unfair. Flowing through it is a 70-per- leans are beginning to clean up. Even gether a process that really does work, cent increase in natural gas prices to as there remains the search for bodies that represents the best of this coun- those trying to heat their homes, or and survivors, and so on, there are try. flowing through the gas pump where folks out sweeping the sidewalks in We know this country works. It has you put in 15 gallons and pay $52. That front of businesses, those businesses great ingenuity, great capability, but is unfair. I think there ought to be a that have not been inundated with something happened that went wrong windfall profits tax recapturing that water. There are folks hauling away in a very significant way. This was a windfall and using it in rebates to con- trash. There is a resiliency, a spirit mess. It is not about blame, it is about sumers. I don’t begrudge anyone a fair that is irrepressible. Already people are accountability. Who is accountable? profit, but this is not a fair market and starting to talk about their future, to How are they accountable? How do we I believe Congress should take some ac- clean up. So must we. So must we make them accountable? tion. This issue existed long before clean up and begin to repair. So I believe we have a desperate need Hurricane Katrina formed and hit this None of this discussion should ever at this point to move quickly to put to- country, and I believe it behooves this be about Republicans or Democrats. It gether an independent commission that Congress to address these issues, espe- is about success or failure. All of us can begin putting the pieces together. cially before we go into the winter looking truth in the eye must under- Even as the folks in New Orleans begin heating season and the folks, particu- stand that the response by this country putting their city back together and larly in the northern Great Plains and to what happened in the Gulf was a cleaning up, so, too, should the Presi- other States, are going to pay 70 per- failure. Whose failure? I don’t know. dent and Congress begin putting this cent increases—in some cases a price Perhaps the failure of all of us: Con- together and cleaning up and evalu- they simply cannot afford to pay for gress, the President, State and local of- ating it through the best work of some something as basic as heating their ficials—perhaps all of us. But I believe of the best minds in our country, some homes. we ought to get to the bottom of it and of the best people we can call on to This Congress needs to act. I hope evaluate how we change that which serve on an independent commission to one of the actions will be to consider failed so miserably. evaluate and investigate what went the legislation I have introduced. When you wake up this morning to wrong and how do we, as a country, fix I yield the floor and suggest the ab- the news that 34 people were left to die it. sence of a quorum. in a nursing home—yes, in the United f The PRESIDENT pro tempore. The States of America 34 people were left to clerk will call the roll. ENERGY COSTS die in a nursing home at the advent of The legislative clerk proceeded to an oncoming hurricane and breached Mr. DORGAN. Mr. President, there is call the roll. dike and flood—you ask the question, one additional point I would like to Mr. MCCONNELL. I ask unanimous Is this really the United States? What make on legislation I have introduced. consent that the order for the quorum on Earth could have happened? We I notice the Energy Information Ad- call be rescinded. need to find out. ministration just released its short- The PRESIDING OFFICER (Mr. MAR- I know some of the Members of Con- term outlook. They forecast dramatic TINEZ). Without objection, it is so or- gress have talked about creating a spe- increases for residential energy costs dered. cial committee in Congress to look at this upcoming winter. f it. All right. It doesn’t substitute for I come from North Dakota. We don’t an independent commission, in my exactly have balmy weather in Feb- HURRICANE KATRINA judgment. The President talked about ruary and January, the middle of win- Mr. MCCONNELL. Mr. President, it is his investigation, and, that is fine. ter. We can sometimes have some pret- difficult to find words adequate enough What we need, most of all—what we did ty tough winters. It is a great State, to express the emotions of so many with respect to 9/11 is an independent but we have some tough winters. The Americans, all across the country, as commission with the kind of authority ranges for heating fuel expenditures for we continue to learn more about the and power to get to the bottom of what natural gas in the Midwest, according utter devastation of the Gulf Coast re- happened. Why? Because if we do not to the EIA, are 69 to 70 percent in- gion by Hurricane Katrina. fix what went wrong and make it right, creases in the winter in the Midwest. Hundreds of lives have been lost. we will remain unprepared in the ad- We have a lot of folks who are going Thousands more have been ripped vent of a terrorist attack or another to have a devil of a time trying to pay apart, as Gulf Coast residents have lost natural disaster. these costs. I made the point before, their homes, savings, or possessions. A This was, we think, the worst natural and I know there are people in this great American city, New Orleans, has disaster in this country’s history. It Chamber who chafe at this, that the been reduced to a ghost town. In the can happen again. But we know terror- major integrated oil companies have months ahead we will have much re- ists will want to commit a terrorist at- gotten larger through mergers. They building to do—although there is no tack in this country. We know there are much more powerful. They have doubt in my mind that the gulf coast are thousands of nuclear weapons that the capability, working with others, to will be rebuilt, and rebuilt stronger exist in this world. We know there are determine what happens in pricing and than ever before. people worried about terrorists acquir- supply. We have OPEC people sitting We have already made great progress ing a nuclear weapon, detonating it in around a table talking about pricing towards assisting the Gulf region here a trunk in a rusty Yugo sitting on a supplies. Then we have a futures mar- in the Senate. In the last several days dock in one of America’s major cities. ket which is supposed to provide liquid- we have passed over $62 billion in emer- What kind of response, what kind of ity—which it does, but it provides gency relief. These funds are flowing to disaster preparedness exists to deal much more than that nowadays. It is the people who most need help as we with a terrorist attack? rampant speculation in spot markets. speak.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20270 CONGRESSIONAL RECORD—SENATE September 14, 2005 The majority leader is working to She also had the much more pleasant cans is a stronger force than the winds clear a measure that would accelerate opportunity to reunite a grandfather of any hurricane. billions of dollars of payments to and a granddaughter. So, Mr. President, as we continue our states under the Temporary Assistance St. Elizabeth Medical Center in Edge- vital work here in the Senate to get to Needy Families, or TANF, program. wood, KY, donated the medical supplies the Gulf Coast region back up on its The House passed it by voice vote last that the team brought with them. And feet again, I hope we will be guided by week, and we ought to do the same. St. Elizabeth Medical Center is holding the giving spirit of the Kentuckians I This kind of important action is by several fundraising drives and col- have mentioned. Just as they, and so no means found only in the United lecting employee donations, to con- many others, are working tirelessly to States Congress. In this time of crisis, tinue to aid the people of the Gulf restore hope and mend broken lives, so it has been inspiring to see so many Coast region. The group’s airfare was should we. millions of Americans moving quickly paid for by a local Kentucky business- The PRESIDING OFFICER. The Sen- to help in their fellow Americans’ hour man named Bill Butler, who graciously ator from Oregon. of need. stepped in when the medical team was Mr. SMITH. Mr. President, I rise to Individual citizens are making a dif- unsure whether they would be able to express sympathy to all those impacted ference. I would like to share with my afford to fly down to help. by the disaster of Hurricane Katrina. colleagues an inspiring story about a Let me share another story. Once Each of us, in our own way, reaches group of officers from the Kentucky upon a time, before Katrina, Charity out to Senator VITTER and Senator Department of Fish and Wildlife Re- Hospital in New Orleans helped the LANDRIEU, Senator LOTT, Senator sources. Twenty-three officers, most of Pikeville Medical Center, in Pikeville, COCHRAN, Senator SESSIONS and Sen- whom did not know each other when KY, set up a drug detoxification pro- ator SHELBY, whose States have been they set out, took 12 boats to New Orle- gram. So when New Orleans needed ravaged by a natural disaster, frankly, ans and scoured the flooded neighbor- help, the Pikeville Medical Center re- beyond calculation and beyond the hoods to rescue over 200 people. sponded. A nurse named Cheryl Hick- plans and the very best intentions of The men who volunteered for this man rounded up other volunteers will- those on the ground. It is a fact that mission came from all over Kentucky— ing to travel down to the Gulf Coast sometimes nature is bigger than we towns like Somerset, Paris, Mount area, and within hours a team of nurses are. Katrina is evidence of one of those Vernon, and Pippa Passes. They spent 3 and EMS personnel were on the road, occasions. days in New Orleans, searching flooded driving ambulances stocked full of It has been disappointing that there houses, rescuing survivors, and bring- medical supplies. has been a rush to play politics with a ing food and water to many. Stories like these, stories of gen- natural disaster. There has been an ex- Led by Captain Clark Boggs of erosity and charity, are so numerous in cess of finger-pointing and fault- Philpot and Captain Frank Floyd of Kentucky that I could tell you many finding. I note that President Bush yes- Bedford, these men risked their health more. Churches, rotary clubs, and char- terday bravely said that if you need to and safety for those they did not know. itable organizations throughout the blame someone, blame him. I don’t be- On the first day, they heard gunshots Commonwealth have raised hundreds of lieve the blame belongs with him, but ring out near them. The toxic water thousands of dollars. Even two little he recognizes his role in leadership. I they steered their boat through was a girls in my hometown of Louisville, salute him for his courage in simply breeding ground for who knows how KY, 12-year-old Briana O’Holleran and trying to find the solutions and not many diseases. Some of the men still 11-year-old Amy Williams, raised $60 by spending wasted effort pointing fingers bear scars and rashes from their mis- setting up a lemonade stand. and placing blame. sion. Kentucky employers are also making I represent a State that has known But they returned to Kentucky with a difference. Humana Inc., a health its share of natural disasters—vol- happier mementoes as well—Mardi care company based in Louisville, KY, canos, wildfires, and a tsunami several Gras beads, given as tokens of thanks has donated $1 million to relief ef- decades ago. While Oregon is a long by New Orleans residents grateful that forts—half of that to the Red Cross, way from the Gulf Coast, we have been they had been rescued. When they and half to local relief agencies in the near in the relief effort and helping in spent their nights at a local church, or Gulf Coast who are able to use the recovery. I rise today to let the Senate took refuge in a school, appreciative money for food, clean water and other know how proud I am of the response locals brought them hot plates of supplies and get it to the people who from my home State of Oregon. Orego- Cajun food. Most importantly, they most need it. nians have big hearts. With their trade- will never forget the looks of relief on UPS, a major employer in Louisville, mark of selflessness and generosity, the faces of the people they rescued, has donated $1.25 million to several dif- they have responded in a wide number people who thought they had been for- ferent agencies. Also, since they are of of ways to help our friends in the gotten. course a shipping company, they have South. Let me also speak about a group of provided transportation services for re- The Oregon Trail Chapter of the Red Kentucky doctors and nurses who flew lief agencies, and have hauled bottled Cross has a national reputation for down to the vicinity of New Orleans to water into Mississippi for evacuees. being one of the first chapters to call provide emergency medical services. General Electric, which has its appli- when experienced volunteers are need- When they arrived, they found two ances division based in Louisville, has ed to respond to disasters. Since the gymnasiums full of people requiring donated $6 million to the Red Cross, hurricane hit, the Oregon Red Cross medical attention. They assisted in and their employees have raised an- volunteers have been working around setting up an emergency shelter that other $1 million which will be matched the clock to help the relief effort. The has to date treated over 7,000 patients. by the company. They are also working chapter worked quickly to set up an One of the nurses, Addia Wuchner of to donate $10 million worth of genera- emergency evacuation center in Or- Florence, KY, is also a state represent- tors and equipment to aid relief work- egon should one be needed to house ative. She spent seven days helping the ers. evacuees. It was made available. It was people of New Orleans and told my And I am sure that all of my col- offered repeatedly, but it has not been staff about her experiences there. leagues could stand up and tell us of necessary. One of the hardest parts of her job similar stories from their states. Ken- The chapter this week is also holding was to tell the people she was treating, tucky is not unique when it comes to a massive instructional program with who had not been watching the news the outpouring of such goodwill. By the goal of training 1,000 Oregonians on and had no idea of the devastation to sharing these stories, I hope I have re- disaster preparedness. New Orleans, that their homes were minded my colleagues that the com- Volunteers from the Portland-based most likely flooded and unsalvageable. passion of ordinary, everyday Ameri- Northwest Medical Teams are also

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20271 playing an important role in helping sponse to this area. These teams have take patients who had been in the mid- with medical relief efforts and shipping been putting their skills to use setting dle of chemotherapy and try to con- emergency supplies. Workers from up logistics staging areas, distributing tinue that chemotherapy so those pa- Northwest Medical Teams are cur- food products, and removing debris. tients would not lose any of the efforts rently in the Gulf Coast region re- The U.S. Department of Agriculture that were being made on their behalf in sponding with critically needed med- has also been working to get food to Louisiana. Doctors at M.D. Anderson ical care, supplies, and logistical sup- the area and provide housing for dis- were even continuing bone marrow port. placed people. USDA has delivered transplants that were in progress. Mercy Corps, a humanitarian relief more than 300 trucks containing over Baylor College of Medicine was set- agency based in Portland, was one of 12 million pounds of food and baby food ting up the facilities for the evacuees the first groups on the ground pro- and formula products. who were arriving. There were medical viding emergency assistance. The The USDA’s Rural Development units that had the cooperation of all Corps’ response team will grow in the Service has established an expedited the hospitals in Houston. It was truly a coming weeks as local residents are process to move people into safe and remarkable sight. hired to aid in recovery efforts. Both secure housing. Its property managers The next weekend, I was able to go to Mercy Corps and Northwest Medical are assisting families by providing the Convention Center in Dallas and Teams were also among the first to them with information on how to ac- see the medical operation there that rush to aid the victims of the Decem- cess additional Government programs was put together by the head of the ber 2004 tsunami in Southeast Asia. and services to assist them, such as emergency physicians at the Univer- I want to acknowledge the efforts of food stamp benefits. sity of Texas Southwestern Medical the Cascade Division of the Salvation As we work to recover and rebuild School and Parkland Hospital. They Army. These volunteers have been from Hurricane Katrina, there will cer- had gotten all of the hospitals in Dal- working overtime, collecting donations tainly be many trying days ahead. las together to provide mental health that will go to help in the Katrina re- However, I believe we can find comfort services, emergency services, and any covery. in the heartening response of the kind of services for sick children. Also, The outpouring of contributions from American people. In particular, I salute they were dispensing medicine on an Oregonians has been overwhelming. I the people of Oregon. There are numer- as-needed basis in the Dallas Conven- thank all of the communities, both ous examples of goodness, strength, tion Center. large and small—the civic organiza- and compassion as people have reached Last weekend, I was able to go to tions, the high school football teams, out to help friends, neighbors, and Austin to see the emergency team that and the campus groups that have strangers in need. brought together the emergency per- worked to organize fundraising drives. I salute those of my state and those sonnel for the State of Texas—the De- I give a special thanks to more than of other states who are going the extra partment of Public Safety, the Texas 1,900 Oregon National Guard troops mile to help their fellow Americans Guard and Reserve units—that were who at the request of our Governor, through this terrible disaster. I want being helpful, including the Red Cross Ted Kulongoski, were mobilized to help to suggest again that our best efforts and the Salvation Army, two great vol- the people of the hurricane-ravaged re- should go to supporting those on the unteer organizations that have stepped gion. ground who are working to restore the right in to help. In some of these cen- For nearly 10 days now, members of hurricane-ravaged areas, and we should ters, they were the first people to start the Oregon Guard have been on the keep to a minimum the partisanship setting up the centers. ground in New Orleans clearing roads, and the finger pointing that has broken Then, I went to the Austin Conven- assessing critical needs, conducting out so unfortunately and unproductive- tion Center, where they even had set rescue operations and providing secu- ly in recent days. up a beauty shop for the evacuees who rity patrols. Mr. President, I thank you for the wanted, of course, to try to look their The Oregon Guard troops are part of time and yield the floor. best as they were trying to get their a force of 72,000 Active-Duty and Na- The PRESIDING OFFICER. The Sen- lives together and determine what they tional Guard personnel who are on the ator from Texas. were going to do until they are able to ground and aboard ships supporting re- Mrs. HUTCHISON. Mr. President, return to New Orleans or other places lief operations. Since the hurricane how much time is remaining on our in Louisiana. struck, our military men and women side? We have seen many of the emergency have been working night and day pro- The PRESIDING OFFICER. There is facilities, even though, of course, Texas viding search and rescue, evacuation, 131⁄2 minutes. was not in this storm. But Texas has and medical support. Through yester- Mrs. HUTCHISON. Mr. President, I had an emergency crisis of its own; and day, over 10,000 sorties have been ask that I be notified when I have used that is in the education that is now flown. 7 minutes so my colleague from Wyo- being required for the children coming On the national level, the U.S. Coast ming can have the remaining 6 minutes into the school systems, as well as try- Guard has also been working tirelessly of time. ing to get help for the ongoing medical to support relief efforts. As of this The PRESIDING OFFICER. It will be needs that will be required for approxi- weekend, the Coast Guard has assisted done. mately 250,000 evacuees from Lou- in saving or evacuating over 35,000 peo- Mrs. HUTCHISON. Thank you, Mr. isiana, a few from Mississippi, and try- ple. President. ing to make sure these costs are cov- Personnel from the U.S. Army Corps Mr. President, over the past few ered by the Federal Government. of Engineers have been working around weekends I have visited several hurri- While Texans have opened their the clock to repair the breached levees, cane relief centers in Texas. I started hearts and their homes and their restore navigation, and pump water at the Astrodome in Houston, which schools, we do not think they should out of New Orleans and surrounding was gearing up for the people who were have to fund all of this from State cof- parishes. coming from Louisiana at the time. I fers or local coffers because, frankly, In recent years we have asked a great was struck by the number of volun- the local schools are already very deal from our men and women in the teers, the organization of the effort in strapped for funds and they cannot af- military, and time and again they have Houston, as well as the response of the ford this expense. responded heroically, patriotically, and medical community. Likewise, the cities are not able to with professionalism. There were medical facilities in afford the overtime expenses of all the In addition, the U.S. Forest Service place. Even complicated medical proce- police who are being required and the has deployed more than 2,700 employ- dures were ongoing at places such as firemen who are doing the emergency ees who are trained in rescue and re- M.D. Anderson, where doctors would medical services. So I am working on

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20272 CONGRESSIONAL RECORD—SENATE September 14, 2005 legislation right now that would try to Mr. THOMAS. Mr. President, I thank be able to help. We need to provide the get money into these entities that do my colleague from Texas for the time. help. not have the cash flow to accept all of I join all of us in expressing our con- There are lots of things being talked these people on an emergency basis, dolences and our concerns for what has about. We can talk about tax relief, and to do it on an expedited basis here happened in the New Orleans area. Cer- particularly as it provides relief for in Congress. tainly Senator VITTER’s discussions those things being given there. TANF, There are, at this time, between yesterday helped us understand a little of course, has something to do with 30,000 and 40,000 new students coming better what the situation is there, education and health care. We can do into the Texas school systems. This is what the difficulties are, and what our something about insurance, private in- a huge increase in a very short time. responsibilities are to do something surance, to make that more efficient. Trying to match the students with the about that as quickly as we possibly Charitable giving is one of the things kind of curriculum that has been ongo- can. we can look at to ensure that is as use- ing in the Texas schools is a challenge. We certainly first want to again offer ful as can be. School funding, which Texas is trying to meet that challenge our condolences to the families of has already been mentioned here, is in the best way for all concerned. those who perished. I support those very important, whether it be there or I am hoping Congress will act very who continue to live in the hurricane- wherever the children are. Medicaid is quickly to alleviate some of these affected areas. one area we need to take a strong look early problems in getting the funding What we have seen is, obviously, one at to make sure it is available to ev- where it needs to be. For instance, of the most terrible natural disasters eryone who needs it. Certainly, we need there is no FEMA money for education in our Nation’s history. We have also to take a look at emergency funding. expenses. So the bill I hope we could seen, fortunately, the generous spirit There are many items with which we pass this week will allow FEMA, of our Nation thrive in a time of confu- are challenged. They are going to be through the Department of Education, sion and loss. The giving nature of the difficult, but they are there. We can ac- to immediately start reimbursing the American people has been displayed complish what we need to do, and that schools for the costs of opening these and continues to be displayed. We is to help these people in this cir- new schools and the temporary facili- should be very proud of that. cumstance. As we do it, however, I ties that are being required, including I am especially impressed with the hope we remember that, as in the case the schoolbooks and school supplies people of Wyoming who have opened of our family, when we have emergency that are being required to help these their hearts and their homes to help needs, we have to look at some other new students, who are already entering the hurricane victims. You never know areas to cut back a little bit. As this 2 weeks late because Texas schools when someone is going to be in the emergency continues to go on, our life start the last week of August, some- path of a similar storm. needs to go on. Government needs to go times the third week in August. The objective now, of course, is to We need to bring these children in on with its essential services. At the get the victims back on their feet, and same time, there are some things we and get them going in an expedited to provide for their basic needs, to way. I am asking my colleagues to help are doing in the Government that bring some semblance of normalcy to could be set aside and could, indeed, be me pass, on a quick basis, an ability for the situation there. This is going to be FEMA to fund education expenses and changed so that we can offset some of an ongoing effort. It is going to be on- the costs that go into this effort. That to waive some laws that will allow going, but it also demands immediate them to be placed where they can best will be necessary. attention. Progress is being made hour be placed without regard to the McKin- I send our condolences and accept by hour, day by day. I think it is a tes- ney Act, just for a temporary time. and join with my associates to take on This legislation will sunset at the tament to the courage of the people the challenge of dealing with the needs end of this school year, so it will not be throughout the Gulf Coast. It will take of the people in the Gulf Coast. permanent. I hope we can pass it on an years to rebuild New Orleans and the I yield the floor. other areas, but I am confident there expedited basis to try to meet the f needs of these students and my State, will be a thriving economy again in CONCLUSION OF MORNING which has been so generous and has of- that area. fered so much help to these people, Over the next few weeks, our Nation BUSINESS which we want to continue to do and will show, once again, why we are the The PRESIDING OFFICER. Under we will continue to do. But I want the envy of the world. We will prove that morning business, morning business is Federal Government to make it easier no matter what the obstacles are that now closed. are before us, we can join together to on these governmental agencies regard- f ing the expenses incurred by the com- overcome them, even if it is Mother munities that are doing so much. Nature. The stories of heroism and for- MAKING APPROPRIATIONS FOR We want this to be the model for re- titude will continue to trickle down, SCIENCE, THE DEPARTMENTS OF sponse to future emergencies, not one but soon, like the water that has de- STATE, JUSTICE, AND COM- where other States look at what has stroyed so much, that trickle was MERCE, AND RELATED AGEN- happened in our State and say: Well, if evolve into a wave—a wave of construc- CIES FOR FISCAL YEAR 2006 the Federal Government is not going to tion, a wave of rebirth. The PRESIDING OFFICER. Under step up on education expenses and med- As we showed on that bright Sep- the previous order, the Senate will re- ical care, then it will be difficult to tember morning 4 years ago, this Na- sume consideration of H.R. 2862, which take in future emergency victims. So tion will rise out of the ashes and re- the clerk will report. that is what we are trying to do. build the Gulf Coast. I join my Wyo- The assistant legislative clerk read Our hearts go out to all of the people mingites to say we are sorry for what as follows: who are affected by this disaster. We happened, but we look forward to working with you to restore what you A bill (H.R. 2862) making appropriations are going to do our part. I am hoping for Science, the Departments of State, Jus- Congress will act soon to help us do the have lost. tice, and Commerce, and related agencies for right thing. I am particularly proud of Wyoming’s the fiscal year ending September 30, 2006, and The PRESIDING OFFICER. The Sen- military. We have deployed 72 people in for other purposes. ator has now used 7 minutes. support of Hurricane Katrina relief ef- Pending: forts. We have sent four helicopters Mrs. HUTCHISON. Mr. President, I Lincoln amendment No. 1652, to provide for yield the floor to my colleague from with 19 people, two C–130s delivering temporary medicaid disaster relief for sur- Wyoming. equipment. We have sent AirVac nurses vivors of Hurricane Katrina. The PRESIDING OFFICER. The Sen- and 13 security police from the naval Dayton amendment No. 1654, to increase ator from Wyoming is recognized. air station. So we are very pleased to funding for Justice Assistance Grants.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20273 Sarbanes amendment No. 1662, to assist the that they should have been running out ment for help, and part of that help victims of Hurricane Katrina with finding of, but they didn’t know what was hap- long term has got to be investing in new housing. pening above them. We knew that after protecting our citizens by making sure Dorgan amendment No. 1665, to prohibit 9/11. The 9/11 Commission reiterated the communications systems work. I weakening any law that provides safeguards from unfair foreign trade practices. that. We have talked about it. It is now can’t imagine we would send our brave Sununu amendment No. 1669, to increase time to do something about it. men and women into battle overseas funding for the State Criminal Alien Assist- I join with my colleagues on both and not make sure the radios work and ance Program, the Southwest Border Pros- sides of the aisle in reaching out to are connected. Why would we send our ecutors Initiative, and transitional housing those who have been hurt, who have people here at home, our brave troops, for women subjected to domestic violence. suffered, who lost everything, the fami- our firefighters, our police officers, Lieberman amendment No. 1678, to provide lies of those who have lost their lives. emergency responders, nurses, doctors, financial relief for individuals and entities As the majority leader said, coming affected by Hurricane Katrina. into harm’s way in the middle of a dis- DeWine amendment No. 1671, to make back from the Gulf, he was astounded aster and not make sure the commu- available, from amounts otherwise available at the lack of communication. We can nications work? for the National Aeronautics and Space Ad- fix this. My amendment would begin We are in an age of technology. There ministration, $906,200,000 for aeronautics re- that process. is no excuse. I understand there are a search and development programs of the Na- We know, from the Congressional number of new technologies that in- tional Aeronautics and Space Administra- Budget Office, it will take at least $15 volve Web-based systems and new tion. billion to connect local, State and Fed- kinds of interoperability that we can Clinton amendment No. 1660, to establish a eral officials so that we have the re- congressional commission to examine the bring to bear to get this done. When I Federal, State, and local response to the dev- dundancy, the backup, the connected- think about what we need to be doing astation wrought by Hurricane Katrina in ness to make sure we are responding in the aftermath—first, helping those the Gulf Region of the United States espe- quickly, effectively, that we know who have lost so much; second, making cially in the States of Louisiana, Mississippi, what is going on, on the ground, and sure the Federal bureaucracy doesn’t Alabama, and other areas impacted in the everybody can get the job done to save victimize folks again and supporting aftermath and make immediate corrective lives, save property, and protect the States that are reaching out—it is our measures to improve such responses in the American people. responsibility to make sure that the future. My amendment would allocate that Coburn amendment No. 1648, to eliminate systems that failed do not fail again. the funding for the Advanced Technology first piece. I offered it on the Homeland Time is up. No more talk about moving Program and increase the funding available Security bill this year. It was not sup- one line item to another line item or for the National Oceanic and Atmospheric ported. Now is the time to support it this or that. I know we will hear that Administration, community oriented polic- and get it done. It offers $5 billion with they have already received money that ing services, and State and local law enforce- the expectation we would come back hasn’t been spent. If it has not gotten ment assistance. and do the second payment next year through the Federal bureaucracy, what Dorgan amendment No. 1670, to establish a and the third payment the year after. I the heck is going on? Let’s get it mov- special committee of the Senate to inves- know that my colleague who worked tigate the awarding and carrying out of con- ing. tracts to conduct activities in Afghanistan on the Homeland Security bill and led I know my folks on the frontlines are and Iraq and to fight the war on terrorism. that effort is going to say: We already happy to accept funds and happy to do Pryor/Mikulski amendment No. 1703, to re- have moneys for that kind of thing, what they need to do to get this radio quire the FTC to conduct an immediate in- and the locals don’t spend it in the equipment working so they protect vestigation into gasoline price-gouging. right way. According to the Web site of themselves and their communities. If Stabenow modified amendment No. 1687, to the Department of Homeland Security, the bureaucracy is not working fast provide funding for interoperable commu- the Federal Government has spent only enough, let’s make it work. If the re- nications equipment grants. $280 million directly on connectedness, sources aren’t there to make sure our The PRESIDING OFFICER. Under interoperability, and communications. people are protected, let’s make sure the previous order, the time until 11 We could say to folks: Your COPS the resources are there. That is our a.m. shall be equally divided between funding is getting cut, your training job. The American people are looking the Senator from Alabama, Mr. programs are getting cut, everything at us and saying: This is America. SHELBY, and the Senator from Mary- else is getting cut so you have fewer What is going on? Why didn’t we col- land, Ms. MIKULSKI, or their designees. people on the ground. We want you to lectively have the foresight to make Who yields time? put the money into only communica- sure that systems worked, that we Ms. MIKULSKI. Mr. President, I tions. have a national system? As Senator yield time to the Senator from Michi- That is not reality. In Michigan, we BLANCHE LINCOLN talked about yester- gan to speak on her amendment. I be- have 1,200 fewer police officers on the day, when the Red Cross was putting in lieve her amendment on interoper- streets today than we did on 9/11/2001. all of this data on victims to help, then ability is the pending amendment. That is not acceptable. My local police FEMA comes in and has to do it again The PRESIDING OFFICER. The Sen- and firefighters are trying to hold on because it is not interoperable. Local ator is correct. and keep the staff, keep the equipment communities cannot do this alone. Ms. MIKULSKI. I yield her such time they need. It is unrealistic and irre- States cannot do it alone. I hope my as she may require. sponsible on our part to say somehow colleagues will step up and send a sig- The PRESIDING OFFICER. The Sen- each local police department and fire nal that we get it. We are going to fix ator is recognized. department, each county and city are it and do our part to make sure our AMENDMENT NO. 1687, AS MODIFIED going to pay for this interoperability citizens are safe. Ms. STABENOW. Mr. President, I that needs to happen so they can talk The PRESIDING OFFICER. The mi- thank my esteemed colleagues for to the State and to Homeland Security, nority’s time has expired. their leadership on this legislation. talk to the Justice Department and The Senator from New Hampshire. We will have an opportunity in a few FEMA, with whomever they need to Mr. GREGG. Mr. President, I rise to moments to make sure that we are talk. respond on this amendment. I want to solving the problem that everyone says Our country was attacked. After 9/11, make a couple of points, initially. is the biggest in terms of system fail- the Federal Government has the re- First, this amendment is not Katrina ure related to the hurricane in the sponsibility to protect our citizens and related. That is important. It is an at- Gulf. We heard the same thing after 9/ respond. After this hurricane, again, tempt to bootstrap an idea that has 11. The radios didn’t work. The commu- we know that it is a broader, regional, been offered on the floor a number of nications didn’t work. Police and fire- national response that is needed. Peo- times using the disaster, the catas- fighters were running into buildings ple are looking to the Federal Govern- trophe which occurred in the Gulf with

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20274 CONGRESSIONAL RECORD—SENATE September 14, 2005 Hurricane Katrina. It is not Katrina re- patrol, the sheriff’s department. All [Rollcall Vote No. 227 Leg.] lated. The breakdown in communica- these systems have already been YEAS—40 tions in the Katrina event was not an bought and already in place, and they Akaka Harkin Murray interoperability event. The breakdown are not going to replace them all. How Baucus Inouye Nelson (FL) was because the capital structure you get them to work together has be- Bayh Jeffords Obama Biden Johnson Pryor which supported the systems collapsed. come a complex issue. It isn’t so much Bingaman Kennedy Reed Both the hard line and the wireless a function of dollars. It is a function of Boxer Kerry Reid lines were not functional as a result of reaching agreement on the protocol to Byrd Kohl Rockefeller Cantwell Landrieu Salazar the infrastructure collapse. There was get them to talk to each other. Clinton Lautenberg Sarbanes also a breakdown which was a function Dayton Leahy To put $5 billion on top of $2 billion Schumer Dodd Levin of the portable radios that were being Stabenow is a nice statement of purpose, but it is Dorgan Lieberman used having to be recharged by elec- way outside of what we can afford, as Durbin Lincoln Wyden tronic device and there was no elec- far as the budget is concerned, and it is Feinstein Mikulski tricity to recharge them, rather than not applicable to Katrina. We are going NAYS—58 being battery driven. to spend literally tens of billions of That is the initial conclusion. It Alexander DeMint McCain dollars to try to correct the Katrina Allard DeWine McConnell wasn’t a question of the inability of problems. I suspect in that spending Allen Dole Murkowski one group to speak to another group, there will be money to rebuild the in- Bennett Domenici Nelson (NE) although that is obviously always an Bond Ensign Roberts frastructure which collapsed relative Brownback Enzi issue. It was a fact that the entire in- Santorum to communications. To put this money Bunning Feingold Sessions frastructure which supported the com- Burns Frist on top of it in the name of Katrina, Shelby Burr Graham munications systems collapsed. Smith which will be spent across the country, Carper Grassley More importantly, the proposal to Snowe is inappropriate. Chafee Gregg add $5 billion to create a new grants Chambliss Hagel Specter program is not Gulf States-focused. It Therefore, Mr. President, I have to Coburn Hatch Stevens is for the Nation. That is a position make a point of order against this be- Cochran Hutchison Sununu cause it is clearly over the budget. It is Coleman Inhofe Talent that the Senator from Michigan has al- Collins Isakson Thomas ways taken. This should be a nation- outside the budget and is not Katrina Conrad Kyl Thune wide effort. She talks about her own related. We are already addressing it Cornyn Lott Voinovich State needing more funds in the area of within the process which we presently Craig Lugar Warner Crapo Martinez interoperability. I assume she is pre- have in place, which is the bill for suming that a large amount of the dol- Homeland Security, which passed this NOT VOTING—2 lars put into this fund would go to her body with $2 billion that can be used Corzine Vitter own State and other States that had no for interoperability. Therefore, I make The PRESIDING OFFICER. On this impact from Katrina. This is not a a motion that the pending amendment vote, the yeas are 40, the nays are 58. Katrina event. To try to put it on top increases spending and the additional Three-fifths of the Senators duly cho- of this bill in the name of Katrina is in- spending would cause the underlying sen and sworn not having voted in the appropriate. That is why I intend to bill to exceed the subcommittee’s sec- affirmative, the motion is rejected. make a point of order against it. tion 302(b) allocation. I, therefore, raise The point of order is sustained and the Secondly, it is important to remem- a point of order against the amend- amendment falls. ber that the issue of interoperability is ment pursuant to section 302(f) of the Mrs. BOXER. Mr. President, I suggest critical and that we are trying to ad- Budget Act. the absence of a quorum. dress it, that we have, in fact, put a Ms. STABENOW. Mr. President, pur- The PRESIDING OFFICER. The dramatic amount of dollars into this suant to section 904 of the Congres- clerk will call the roll. effort, that there is presently, in the sional Budget Act of 1974, I move to The legislative clerk proceeded to fiscal year 2006 Homeland Security Ap- waive the applicable sections of that call the roll. propriations bill, $2 billion that States act for purposes of the pending amend- Mr. SHELBY. Mr. President, I ask and locals can choose to use specifi- ment. I ask for the yeas and nays on unanimous consent that the order for cally to address interoperability, that something that is absolutely Katrina the quorum call be rescinded. The PRESIDING OFFICER. Without we have spent $890 million in fiscal related—communications. year 2004 on interoperability, and that objection, it is so ordered. The PRESIDING OFFICER. Is there a we understand that this is one of the Mr. SHELBY. On the previous vote, I sufficient second? key elements of getting our first re- move to reconsider. Ms. MIKULSKI. I move to lay that sponders to function effectively. We There appears to be a sufficient sec- ond. motion on the table. understand that. The Homeland Secu- The motion to lay on the table was rity agency understands that. But what The question is on agreeing to the agreed to. we also understand is that there are motion to waive the Budget Act in re- Mr. SHELBY. Mr. President, I sug- big issues involved in accomplishing lation to amendment No. 1687, as modi- gest the absence of a quorum. this that don’t involve throwing money fied. The PRESIDING OFFICER. The at the issue, the most significant of The clerk will call the roll. clerk will call the roll. which is to reach an agreement on the The legislative clerk proceeded to regime by which these agencies are The assistant legislative clerk called call the roll. going to talk to each other. They the roll. Mr. DORGAN. Mr. President, I ask haven’t been able to do that. Mr. MCCONNELL. The following Sen- unanimous consent that the order for It is called P–25, which is the regime ator was necessarily absent: the Sen- the quorum call be rescinded. they have been trying to work up and ator from Louisiana (Mr. VITTER). The PRESIDING OFFICER. Without has been going on now for over 10 Mr. DURBIN. I announce that the objection, it is so ordered. years. It is an extremely complex prob- Mr. DORGAN. Mr. President, is it in Senator from New Jersey (Mr. CORZINE) lem because you have a fire depart- is necessarily absent. order at this point for me to engage in ment in a town which will buy one sys- a short discussion of an amendment tem, a police department which will The PRESIDING OFFICER (Mr. EN- that I have pending? buy another system, the people who SIGN). Are there any other Senators in The PRESIDING OFFICER. It is. drive the ambulances will buy another the Chamber desiring to vote? AMENDMENT NO. 1670 system. Then you have layered on top The yeas and nays resulted—yeas 40, Mr. DORGAN. Mr. President, let me of that the State police, the highway nays 58, as follows: take the 5 minutes now. I know people

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20275 are trying to put together unanimous fuel? These are big, no-bid contracts. have had previously, that starts taking consent requests. I indicated I would And oh, by the way, the courageous a good look at waste, fraud, and abuse take just a few minutes to describe the woman in the Pentagon, Bonnatine that is occurring. Whenever you give amendment I have offered, which I Greenhouse, the highest civilian in the massive quantities of money on a no- hope will be voted on at 12:30. They are Corps of Engineers responsible for bid contract and say go ahead and discussing a consent agreement by making sure these contracts are han- spend, you are going to have this which they might vote on the amend- dled the right way, is the one who ob- waste, fraud, and abuse. ment I have offered and I believe the jected to these contracts saying it was, There are stories about someone say- amendment that Senator CLINTON has in effect, a good old boys club giving ing: Let’s air-condition that building in offered. Even though the unanimous contracts to their friends. Guess what. Iraq. We will buy some air-conditioners consent agreement has not been en- This woman, who received excellent re- through this reconstruction funding, tered yet, let me at least describe the views all of her career and rose to be- and then it goes from a contractor to amendment I have offered. come the highest ranking civilian offi- another subcontractor to a sub, and The amendment I have offered is an cials in the Corps of Engineers, has pretty soon the job is done, you have a amendment that I offered to the armed been demoted. Why? Because she had ceiling fan, and the American taxpayer services bill, the Defense authorization the courage to speak up and speak out. has paid for air-conditioning. It is un- bill that came to the floor of the Sen- Nobody is investigating the rampant believable, and it is going on all the ate and was on the floor for some misuse of funds and waste of funds in time. while. This amendment is pending on these no-bid contracts. There should be My proposal is very simple. When the Defense authorization bill, but the oversight hearings in the Congress, but American taxpayers’ money is doled Defense authorization bill has been there are not. There is not an oversight out in such enormous quantities—bil- taken off the floor and it appears it hearing held on these issues, so I have lions of dollars—somebody ought to will not come back to the Senate, and chaired Democratic Policy hearings, watch the store. I held up a poster the other day of therefore I will not get a vote on this and let me tell you a couple of things stacks of 100-dollar bills which were amendment. So I offer the amendment we have heard. wrapped in Saran Wrap—stacked in big to the appropriations bill, under- How about brand new trucks, $85,000 piles because the contracting officer, standing this is not the optimum place trucks. Drive one down the road in Iraq who testified at the committee which I to do this. I will have to suspend the and get a flat tire and what do you do chaired, said that is the way it was. We rules to accomplish it. But let me de- with it? Abandon it. It gets torched. A said to the contracting companies: scribe what it is. brand new truck. If it has a fuel pump Bring cash and bring a bag. We do busi- We are spending billions and billions that is plugged, what do you do with ness in cash. He said: We used to actu- of dollars on reconstruction in Iraq. I it? Abandon it. It doesn’t matter—no- ally play football with these stacks of will read some headlines. bid contracts. It is all taxpayers’ 100-dollar bills with Saran Wrap. You Let me say at the start, the minute money. It is unbelievable what we have could actually throw them back and anyone comes to this floor and men- uncovered. forth across the room. They were pay- tions the word ‘‘Halliburton,’’ they Serving food to soldiers with date ing for the ministries, among other think it is partisan, political, going stamps that have long since expired things, in Iraq during the Coalition and the supervisors say it doesn’t mat- after the Vice President of the United Provisional Authority, which was us, ter: Serve them anyway. States. It is not. It is true he was the by the way. They were paying one Iraqi They order towels. The guy who CEO of Halliburton, but that was long ministry for 8,206 security guards on worked for the Halliburton company as before he reentered public service as duty—paying 2,206 of them salaries— the purchaser said he was told you Vice President, and none of this has and there were only 602. happened under his watch. This has can’t just order towels for soldiers that Does anybody care? Does anybody nothing to do with the Vice President. are just towels; you need to put a logo care about this? Will this Congress fi- What it does have something to do on the towels. So you put the company nally do what it is required to do—to with is large, no-bid contracts given to logo on the towels, and you double the require accountability for the expendi- a very large company, large no-bid con- price of the towels that go to soldiers, ture of the taxpayers’ money? tracts with virtually no oversight and so you have the company logo on the We have spent a massive amount of a substantial waste of the taxpayers’ towel. It is unbelievable waste, fraud, money dealing with contracting in Iraq money. Let me read some headlines. and abuse. It is not millions or hun- for reconstruction. What we are finding Houston Chronicle, February 3, 2004: dreds of millions of dollars, it is bil- is that the few people who had the Uncle Sam Looks Into Meal Bills; Halli- lions dollars, and nobody is minding courage to blow the whistle about fa- burton Refunds $27 Million as a Result. the store. Nobody cares. vorite contracts—no-bid contracts— Houston Chronicle, February 4, 2004: Some years ago, in 1941, Harry Tru- having contractors even in the room, Halliburton Faces Criminal Investigation: man stood in this Chamber, and he said in the meeting, when they were with Pentagon Proving Alleged Overcharges for there is rampant waste, fraud, and Iraq Fuel. talking about what the specs of the Los Angeles Times, February 13, 2004: abuse going on in military contracting, contract should be. Bunnatine Green- Ex-Halliburton Workers Allege Rampant and we ought to get to the bottom of house, a young African-American Waste: They Say the Firm Makes No Effort it. He was relentless. He was a Demo- woman who rose to the top, the highest to Control Costs. crat here in this Chamber, and we had civilian job in the Corps of Engineers, May 18, 2004, Houston Chronical: a Democrat in the White House. It blew the whistle on this old boys net- U.S. Questions More Halliburton Meal didn’t matter. I am sure that was kind work that was doling out that money Charges. of an uncomfortable thing; it didn’t July 27, 2004, Houston Chronicle: to private contractors, she is going to Millions in U.S. Property Lost in Iraq, Re- matter. They set up a Truman com- pay for it with her job, we are told. ports Say; Halliburton Claims Figures Only mittee, a special committee that un- Shame on them. ‘‘Projections.’’ covered massive amounts of waste, This Congress ought to have the The Los Angeles Times, August 12, 2004: fraud, and abuse. courage to stand up on the side of the Halliburton Is Unable to Prove $1.8 Billion In this case, we know it is happening. taxpayers and say: If we are spending in Work, Pentagon Says. We have direct testimony it is hap- taxpayers’ money, the taxpayers ought Is anybody investigating this? No. pening with big, no-bid contracts—par- to get full value for it. We ought to put This is a company that charges for ticularly with Halliburton, but there an end to waste, fraud and because. 42,000 meals served in Iraq, and it turns are others as well—and nobody seems When Harry Truman got to the White out they are serving 14,000 meals to sol- to care. Nobody seems to care. House, he had a sign on his desk that diers. We are paying for 42,000 meals. I propose that we create a type of said ‘‘The Buck Stops Here.’’ For ac- Does anybody care? Overcharges for Truman committee, of the type we countability on this sort of thing, the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20276 CONGRESSIONAL RECORD—SENATE September 14, 2005 buck doesn’t stop anywhere. Nobody (3) It is the responsibility of Congress and following the vote in relation to the wants to look them square in the eye. the Executive Branch to ensure the financial Dorgan amendment with 2 minutes It is time for Congress to look truth in stability of the nation by being good stew- equally divided prior to the vote, and the eye and understand what is hap- ards of Americans’ hard-earned tax dollars. further that no second degrees be in (b) SENSE OF THE SENATE.—It is the sense pening. My amendment is the first op- of the Senate that any funding directive con- order to the amendment prior to the portunity to do that. tained in this Act, or its accompanying re- vote; provided, further, that all time I regret that we didn’t have a vote on port, that is not specifically authorized in until the vote be equally divided in the it on the Defense authorization bill. any Federal law as of the date of enactment usual form. That is where it should have been. I of- of this section, or Act or resolution passed The PRESIDING OFFICER. Is there fered it on the authorization bill. The by the Senate during the 1st Session of the objection? 109th Congress prior to such date, or pro- bill has been pulled from the calendar Without objection, it is so ordered. and from the floor and apparently will posed in pursuance to an estimate submitted in accordance with law, that is for the ben- AMENDMENT NO. 1707 not come back. I will offer it today and efit of an identifiable program, project, ac- to other appropriations bills. It is un- tivity, entity, or jurisdiction and is not di- Mr. MCCAIN. Mr. President, I ask comfortable, I suppose, for those who rectly related to the impact of Hurricane unanimous consent to return to the do not want to vote against this, but Katrina, may be redirected to recovery ef- pending amendment. they are going to have to keep voting forts if the appropriate head of an agency or The PRESIDING OFFICER. Without against it until at some point there department determines, after consultation objection, it is so ordered. with appropriate Congressional Committees, will be sufficient votes in this Chamber Mr. MCCAIN. Mr. President, I thank to do what is right. To do what is right that the funding directive is not of national significance or is not in the public interest. the clerk for reading the amendment in is to follow the model of Harry Tru- AMENDMENT NO. 1670 its entirety for the benefit of my col- man. Even when there was a Democrat leagues. I thank the chairman for his in the White House, a Democrat said: Mr. SHELBY. Mr. President, I ask for the regular order with respect to agreement to accept this amendment We insist, we demand, accountability on a voice vote, and I thank him for his on behalf of the American taxpayers, amendment 1670. The PRESIDING OFFICER. The assistance. I understand it has been and we are going to put an end to agreed to by the Democratic side. waste, fraud, and abuse of taxpayers’ amendment is now pending. Mr. SHELBY. Mr. President, I raise a Mr. President, the sense-of-the-Sen- money. ate amendment is simple, and it is very It is very simple. This is not a com- point of order that the amendment vio- modest. It is an attempt to rein in plex amendment. It is the simplest of lates rule XVI. wasteful spending, particularly during amendments and the simplest of Mr. DORGAN. Mr. President, pursu- this time when portions of our country choices. ant to the notice properly filed, I move In this Chamber—the Chamber of the to suspend the rule with respect to along the Gulf are enduring the dev- Senate—we don’t do very complicated amendment No. 1670, and I ask for the astating impact of Hurricane Katrina— things. Every single choice that we yeas and nays. indeed a national tragedy. As the Na- make every day on this floor is either I also ask unanimous consent that tion continues to manage the after- yes or no. There is no maybe, no later; Senator DURBIN be added as a cospon- math of Hurricane Katrina, it is imper- it is when it comes time to vote yes or sor of that amendment. ative that Congress do what it can and no. The PRESIDING OFFICER. Without what it must to help the hundreds of That, it seems to me, is an enor- objection, it is so ordered. thousands of victims of one of the mously simple choice with respect to Is there a sufficient second? worst natural disasters in our history. an amendment that is this persuasive. There is a sufficient second. I think all of us in this body have said I hope the Senate, when it votes mid- The yeas and nays were ordered. that time after time. Congress must do day today on this amendment, will do Mr. SHELBY. Mr. President, I fur- all that is necessary to fund the essen- the right thing. ther ask unanimous consent that the tial relief and recovery efforts and help I yield the floor. vote on the motion to suspend the those in need. Mr. MCCAIN. Mr. President, I ask rules occur at 12:30 today and that no The cost of the recovery and relief ef- unanimous consent that the pending amendments be in order to the amend- fort is enormous, and will continue to amendment be set aside. ment prior to the vote. be, and it should go without saying The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there that we live in times of great need and objection? Without objection, it is so objection? Without objection, it is so limited resources. In these times, ordered. ordered. Americans are called to sacrifice, and AMENDMENT NO. 1707 AMENDMENT NO. 1660 Congress needs to make sacrifices of its (Purpose: To express the sense of the Senate Mr. SHELBY. Mr. President, I ask for own. To the extent that it is possible, regarding funding directives contained in the regular order with respect to the we should pay for this effort now rath- H.R. 2862 or its accompanying report) Clinton amendment No. 1660. er than pass on even more debt to fu- Mr. MCCAIN. Mr. President, I send an The PRESIDING OFFICER. The ture generations. amendment to the desk. amendment is now pending. We should also make better use of The PRESIDING OFFICER. The Mr. SHELBY. Mr. President, I raise a taxpayers’ money by eliminating our clerk will report. point of order that the amendment vio- spending on matters of questionable The legislative clerk read as follows: lates rule XVI. merit or which are nonessential in The Senator from Arizona [Mr. MCCAIN] Mr. DORGAN. Mr. President, on be- order to better assist the victims of proposes an amendment numbered 1707: At the appropriate place, insert the fol- half of Senator CLINTON, pursuant to Katrina. These are times when Mem- lowing: the notice she properly filed, I move to bers of Congress need to deny them- SEC. ll. SENSE OF THE SENATE. suspend the rules with respect to selves a few of the comforts of political (a) FINDINGS.—The Senate finds the fol- amendment No. 1660, and I ask for the office and refrain from directing tax lowing: yeas and nays. dollars to special projects in their (1) In a time of national catastrophe, it is The PRESIDING OFFICER. Is there a States. These projects might help po- the responsibility of Congress and the Execu- sufficient second? litical campaigns, but they do not nec- tive Branch to take quick and decisive ac- There is a sufficient second. essarily benefit the country as a whole. tion to help those in need. The yeas and nays were ordered. Regrettably, as far back as I can recall, (2) The size, scope, and complexity of Hur- ricane Katrina are unprecedented, and the Mr. SHELBY. Mr. President, I ask Congress has found ways to fund thou- emergency response and long-term recovery unanimous consent that the vote occur sands of unauthorized projects of ques- efforts will be extensive and require signifi- on the motion to suspend the rules on tionable merit through appropriations cant resources. the Clinton amendment immediately bills. Perhaps some of these dollars

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20277 would have been better spent on activi- force of law, it is made clear to the the funding measures yet to be debated ties that might have limited the im- agencies that are affected that they and to do their part to ensure that we pact of this tragedy. We are now hear- will pay a heavy price if they do not are living up to our obligations to ing information that a great deal of carry out the dictates of the com- those who are suffering, even if it money was spent in Louisiana on mittee report. means it comes at some of our personal projects that were less necessary per- It is imperative, in the wake of Hur- political expense. haps—and I emphasize ‘‘perhaps’’ be- ricane Katrina, that the SBA grants be In a time of national catastrophe it cause a thorough investigation needs awarded on the basis of need and merit is the responsibility of the Congress to to be completed—that should have been and for no other reason. take quick and decisive action to help spent on more important protection of The sense-of-the-Senate amendment those in need. It is not appropriate to levees and other wetlands and other that I propose would allow funding for continue the practice of earmarking more meritorious projects. earmarks that have not been author- scarce funds in the face of such a trag- This year’s Commerce, State, Jus- ized, have not been requested by the edy. This should be a time of sacrifice tice, Science and Related Agencies ap- President or not related to the impact for the sake of our suffering citizens. I propriations bill, H.R. 2862, is rel- of Hurricane Katrina to be redirected repeat, it is a modest proposal. atively restrained compared to recent to recovery efforts. I found a curious thing happen in the bills that have moved through the Sen- In other words, the $1.75 million ear- last few days. Newspapers ranging from ate. mark for the Hawaii Humpback Edu- the New York Times to the Wall Street I congratulate the subcommittee cation Program would be directed to Journal to the Washington Times all chairman from Alabama and the rank- the recovery and rescue efforts associ- editorialized in the same fashion. ing member. ated with Hurricane Katrina. I ask unanimous consent New York Still, the legislation contains several This would occur when the Agency or Times editorial entitled ‘‘Bring Out examples of the types of provisions Department head determines, after Your Pork,’’ and Washington Times that magically appear in too many of consultation with the appropriate con- editorial called ‘‘Pork and Hurricane the appropriations bills that benefit gressional committees, that such an Relief,’’ and from the Wall Street Jour- parochial interests, with little regard earmark is not of national significance nal entitled ‘‘A ‘Moronic’ Proposal’’ be to the merits, at the expense of na- or is not in the public interest. printed in the RECORD. tional priorities. Now there will be arguments in con- There being no objection, the mate- I make this statement and propose sultation with these appropriation rial was ordered to be printed in the this sense-of-the-Senate amendment in committees that they are of national RECORD, as follows: the hope that my colleagues appreciate significance or in the public interest. I [From the New York Times, Sept. 8, 2005] that we are now adding perhaps $100 argue that determination should be BRING OUT YOUR PORK billion, or even $150 billion, addition- made on the basis of the scenario Fair warning to the suffering Gulf Coast ally to the deficit, which is already which I described earlier. masses: Congress is already talking of con- projected to be the third highest in his- I expected this amendment to be eas- cocting economic stimulus’’ and ‘‘job cre- tory, some 300-and-some billions of dol- ily adopted and not take much of the ation’’ packages as hurricane recovery tools. lars. Senate’s time. But after discussion That sounds useful, but unfortunately those For example, H.R. 2862 contains sev- with the appropriators and their staff, terms usually signal that the House and the eral earmarks that funds initiatives I thank the manager and the minority, Senate are about to use the crisis of the mo- ment to roll out wasteful tax cuts for the that some, including myself, might the Democratic leader and their staff, well-off and pork barrel outlays for home- consider to be of less-than-pressing im- for modifications to the amendment. I town voters. portance. Among them is a $10 million hope this sense-of-the-Senate amend- The overwhelming need of the victims of earmark for the Alaska Fisheries Mar- ment will be taken seriously. Hurricane Katrina, coupled with the nation’s keting Board, and a $1.75 million ear- I could propose the impossible: that shock at government ineptitude, should in- mark for something called the Hawaii no earmarks be permitted in any ap- spire members of Congress to sober up and Humpback Education Program. propriations bill, period. But I am not become something approaching responsible I have no idea what the Hawaii proposing the impossible. Or I could policy makers. If they do decide to reform, there’s an easy way to prove it. They could Humpback Education Program is. I propose what is suggested almost daily turn in their pork. would imagine it has a lot to do with by the press, that Congress turn in its This summer, when Congress had to ignore whales. pork. Many are rightly calling into only a war in Iraq, it passed the annual high- I don’t know what the Alaska Fish- question the thousands of projects in way bill, repackaged as a job-creation meas- eries Marketing Board is, except that I the highway bill and suggesting the re- ure. The legislation set a record of $24 billion know it continues to receive earmark lated project funding should more wise- in 6,371 ‘‘earmark amendments’’—the route funding in the multimillions of dollars ly be transferred to recovery efforts. individual lawmakers take to lock in prized every year, as I examine appropriations The amendment isn’t proposing that, projects for their home districts, regardless of proven need. bills. either. But perhaps next time that will The bipartisan boondoggles that made it The bill also provided needed funding be the proposal I offer, particularly under the wire included vanity highways, for grants to the Small Business Ad- given the dire situation in the gulf. We tourist sidewalks, snowmobile trails, a ‘‘deer ministration, and they are needed cannot even agree to preclude funding avoidance’’ plan and a graffiti elimination funds for grants. Unfortunately, this for projects not found to be in the pub- program for New York. Those wishing to bill recommends that the SBA direct lic interest. look for still more unnecessary spending can funding to 53 specific programs named I repeat, it is a modest proposal. I consider the White House’s $130-billion-and- in the committee report. hope my colleagues overwhelmingly counting missile defense system, which re- mains thoroughly inoperable. I want to talk about that for a sec- adopt it for the sake of the tens of Hurricane Katrina cries out to Congress ond. thousands of Americans who have lost for something other than business as usual. The committee report has no enforce- almost everything and are relying on Imagine what would happen if each member ment of law, but the appropriations their Government for necessary sup- of Congress announced that he or she would committees have made it very clear to port as they struggle for what will be a give up a prize slab of bacon so the govern- the various agencies that they do have, long and difficult time. I also hope we ment would be able to use the money to shel- in their view, the enforcement of law. keep in mind future generations of ter hurricane victims and rebuild New Orle- So we have the worst of all worlds Americans who will be inheriting this ans. The public would—for once—have proof that politicians are capable of setting prior- here; we have it in a committee report deficit which is now going to be prob- ities and showing respect for the concept of which cannot be removed by amend- ably one of the largest in history. a budget. ment, and, yet, at the same time, even I call upon the appropriators and the Surely Representative Don Young, the though it technically doesn’t have the leadership to pay careful attention to Alaska Republican who is chairman of the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20278 CONGRESSIONAL RECORD—SENATE September 14, 2005 transportation committee, might put off to glitzier earmarked projects throughout somewhere—to rebuild New Orleans and the that $223 million ‘‘bridge to nowhere’’ in his the state of Louisiana. Mississippi coast. state’s outback. It’s redundant now—Lou- We’re hearing all sorts of bad ideas about Mr. MCCAIN. Mr. President, this is isiana suddenly has several bridges to no- how to offset the $62 billion of spending al- interesting. I don’t think in all my where. Likewise, Speaker Dennis Hastert ready authorized for Hurricane Katrina re- could defer his prized Prairie Parkway, a lief. Cancel the Bush tax cuts, raise the gaso- years I have seen all three of these dif- $200-million-plus project dismissed as a behe- line tax by $1 a gallon, increase deficit ferent periodicals coming from some- moth Sprawlway by hometown critics, and spending, and sharply cut spending on na- what different philosophical bases all use the money to repair the Lake Pont- tional defense and the war in Iraq. In Wash- editorializing in the same fashion. The chartrain Causeway. ington, it seems, everything is expendable Wall Street Journal says: The Democratic minority leader, Nancy except for the slabs of bacon that are carved Some public-spirited folks in Bozeman, Pelosi, could afford to donate back some out of the federal fisc to ensure re-election. Montana, have come up with a wonderful multimillion-dollar plums—just one bike and The glory of what is happening in Bozeman idea to help Uncle Sam offset some of the $62 pedestrian overpass, perhaps, or a ferry ter- is that taxpayers are proving to be wiser billion federal costs of Hurricane Katrina re- minal. Another Democratic standout, James about priorities than their politicians. We lief. The Bozeman Daily Chronicle reports Oberstar of Minnesota, would have a hard like the suggestion by Ronald Utt of the that Montanans from both sides of the polit- time choosing from his cornucopia, but that Foundation Heritage that, when the new ical aisle have petitioned the city council to $2.7 million for what is already described as levee is built to protect the Big Easy from give the feds back a $4 million earmark to the nation’s longest paved recreational trail future storms, it should bear a bronze plaque pay for a parking garage in the just-passed looks ripe. stamped: ‘‘Proudly Brought to You by the $286 billion highway bill. As one of these citi- The list is long. Such a gesture by the Cap- Citizens of Alaska.’’ zens Jane Shaw told us, ‘‘We figure New Or- itol’s patronage first responders would en- leans needs the money right now a lot more courage a sense of shared sacrifice in the na- [From the Washington Times] than we need extra downtown parking tion. Members might actually be surprised to PORK AND HURRICANE RELIEF space.’’ see how many of their own constituents are ‘‘We should lead by example and give up a Which got us thinking: Why not cancel all prepared to think of other people’s needs be- few of the things we want in order to give the special-project pork in the highway bill fore themselves. This page has been a long- hurricane victims the things they need,’’ and dedicate the $25 billion in savings to time supporter of a freight tunnel between Sens. John McCain and Tim Coburn told emergency relief on the Gulf Coast? Is it ask- New Jersey and New York—which, we should their colleagues. Correct, as far as it goes, ing too much for Richmond, Indiana, to give point out, is actually a tunnel to somewhere. but the call to arms rings hollow without up $3 million for a hiking trail, or Newark, But we’d applaud a delay in the $100 million specifics. Here’s a start: Congress should re- New Jersey, to put a hold on its $2 million for freight-tunnel design studies that was in- direct the transportation bill’s $25 billion to- bike path? cluded in the highway bill if it was part of a ward hurricane relief. And in the face of the worst natural dis- larger reordering of priorities. Congress appropriated $51.8 billion in emer- aster in U.S. history, couldn’t Alaskans put It’s time to put New Orleans first. gency-relief money for Hurricane Katrina’s a hold on the infamous $454 million earmark victims, and suspended the normal rules and for the two ‘‘bridges to nowhere’’ that will [From the Wall Street Journal] procedures so the bill would not get entan- serve a town of 50 people? That same half a A ‘‘MORONIC’’ PROPOSAL gled in special interests or endless debates. billion could rebuild thousands of homes for Some public-spirited folks in Bozeman, That made sense; lives were at stake and the suffering New Orleans evacuees. Montana, have come up with a wonderful money was needed at once. But Congress can It goes on: idea to help Uncle Sam offset some of the $62 listen now to those who want to cut discre- billion federal cost of Hurricane Katrina re- tionary spending so money can be sent for We’re hearing all sorts of bad ideas about lief. The Bozeman Daily Chronicle reports reconstruction in the Gulf states. Congress how to offset the $62 billion of spending al- that Montanans from both sides of the polit- could erase half that total with the transpor- ready authorized for Hurricane Katrina re- ical aisle have petitioned the city council to tation bill earmarks. lief. Cancel the Bush tax cuts, raise the gaso- give the feds back a $4 million earmark to Before Katrina, these earmarks were hard- line tax by $1 a gallon, increase deficit pay for a parking garage in the just-passed ly necessary; today, they look like an abdi- spending, and sharply cut spending on na- $286 billion highway bill. As one of these citi- cation of duty. As we noted last month, the tional defense in the war on Iraq. In Wash- zens, Jane Shaw, told us: ‘‘We figure New Or- most outrageous items in this $286 billion ington, it seems, everything is expendable leans needs the money right now a lot more bill were $229 billion for a highway called except for the slabs of bacon that are carved than we need extra downtown parking ‘‘Don Young’s Way’’ in Alaska, a favorite of out of the federal fist to ensure re-election. space.’’ the Republican chairman of the House The glory of what is happening in Bozeman Which got us thinking: Why not cancel all Transportation Committee; $18.75 million for is that taxpayers are proving to be wiser of the special-project pork in the highway the ‘‘Highway to Nowhere,’’ linking Ketch- about priorities than their politicians. We bill and dedicate the $25 billion in savings to ikan, Alaska, to the island of Gravina, popu- like the suggestion by Ronald Utt of the emergency relief on the Gulf Coast? Is it ask- lation 50; and $20 million for a Magnetic Foundation Heritage that, when the new ing too much for Richmond, Indiana, to give Levitation Transportation System linking levee is built to protect the Big Easy from up $3 million for its hiking trail, or Newark, Las Vegas and Primm, Nev. Naturally the future storms, it should bear a bronze plaque New Jersey, to put a hold on its $2 million guilty legislators defended those projects as stamped: ‘‘Proudly Brought to You by the bike path? necessary spending on vital local needs. Of Citizens of Alaska.’’ And in the face of the worst natural dis- course. In the Washington Times, today: aster in U.S. history, couldn’t Alaskans put These projects look particularly foolish Congress appropriated $51.8 billion in emer- a hold on the infamous $454 million earmark now. Katrina has blown the roof off business gency-relief money for Hurricane Katrina’s for the two ‘‘bridges to nowhere’’ that will as usual in Washington, and rightly so. victims, and suspended the normal rules and serve a town of 50 people? That same half a Several congressmen appear to get it. Rep. procedures so the bill would not get entan- billion dollars could rebuild thousands of Jeb Hensarling, Texas Republican, offered an gled in special interests or endless debate. homes for suffering New Orleans evacuees. amendment to the hurricane-relief bill that That made sense; lives were at stake and the One obstacle to this idea apparently will be would have required the House to offset the money was needed at once. But Congress can Don Young, the House Transportation Com- new Katrina spending with reductions in listen now to those who want to cut discre- mittee Chairman who captured the funds for other spending. Mr. Hensarling, a fiscal con- tionary spending so money can be spent for Alaska in the first place. A spokesman in his servative, isn’t above pragmatism: He would reconstruction in the Gulf states. Congress office told the Anchorage Daily News that exempt entitlements, homeland-security and could erase half that total with the transpor- the pork-for-relief swap was ‘‘moronic.’’ defense spending and veteran’s affairs from tation bill earmarks. Sounds like someone who wants Mr. Young the cuts. But the House didn’t consider his to become ‘‘ranking Member’’ next Congress. amendment because it wanted spending pas- The New York Times says: In all there are more than 6,000 of these pa- sage of the relief legislation. Fair warning to the suffering Gulf Coast rochial projects—or about 14 for every Con- Now that the emergency bill has been en- masses: Congress is already talking of con- gressional district—funded in the highway acted, Congress should reconsider ideas like cocting ‘‘economic stimulus’’ and ‘‘job cre- bill. The pork reduction plan is particularly the Hensarling amendment. And if Mr. ation’’ packages as hurricane recovery tools. appropriate as a response to Katrina, be- McCain and Mr. Coburn are serious about That sounds useful, but unfortunately those cause we have learned in recent days that leading by example, they will step up to lead terms usually signal that the House and Sen- one reason that money was not spent on for- by example. Congress can show seriousness ate are about to use the crisis of the moment tifying the levees in New Orleans was that by scrapping Mr. Young’s ‘‘Highway to No- to roll out wasteful tax cuts for well-off and hundreds of millions of dollars were rerouted where’’ and send the money to the right pork barrel outlays for the hometown voters.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20279 Hurricane Katrina cries out to Congress for to implement their recommendations. of America, which is why out of 9/11 something other than business as usual. Three cheers for the 9/11 Commission came intel reform and now the fol- Imagine what would happen if each mem- on what they have done and what they lowup. We do not want this result ever ber of Congress announced he or she would continue to do. to happen again when a natural dis- give up a prize slab of bacon so the govern- ment would be able to use the money to shel- All of America has been mesmerized aster strikes—whether it is a hurricane ter hurricane victims and rebuild New Orle- by what has happened in the Gulf—in that hits coastal States or whether it ans? The public would—for once—have proof New Orleans, in Louisiana, in Alabama, is an earthquake, which I know the that politicians are capable of setting prior- and, of course, in Mississippi. Presiding Officer’s own dear beloved ities and showing respect for the concept of Senator CLINTON’s idea—she will be State is possibly subjected to and a budget. here shortly to express it, and I con- which our colleagues from California It’s time to put New Orleans first. cur—is that we also have a commission worry about, and our colleagues from As I said, this is a very modest pro- now to look at the response to the Missouri worry about that fault that posal. I hope we can, as we go through Katrina situation. We appreciate the goes right down through Missouri. our appropriations bills—and there are fact that the President has taken re- So we have to make sure we have an numerous bills coming up, including an sponsibility, and he himself wants to independent analysis. We would then additional relief package for New Orle- know what went right and what went take what the President finds, take ans—that we will be able to exercise wrong. We think that is a very good what our colleagues find, and listen to fiscal restraint. If we would leave the move on the President’s part. We sup- an independent commission so we can earmarks out of the report language port him. make sure we are truly ready, we are and out of the bills, then this sense-of- Second, we know there will be good truly able to respond, and then to the-Senate amendment would be irrele- efforts by our own colleagues, particu- make sure we have the wherewithal to vant. larly in the Homeland Security and do recovery. I yield the floor. Governmental Affairs Committee, This could have been a dirty bomb in The PRESIDING OFFICER. The which is very ably chaired by our col- any city in the United States. Could we question is on agreeing to the amend- league from Maine, Senator COLLINS, evacuate? Would communications be ment of the Senator from Arizona. and of which Senator LIEBERMAN is interoperable? What would happen to The amendment (No. 1707) was agreed ranking member. the poor and the sick? Are they collat- to. But it is us investigating us. It is the eral damage? Nobody in America is Mr. MCCAIN. I suggest the absence of President looking at his own executive ever collateral damage. We have to a quorum. branch. I do not doubt the integrity of have plans. What happens to our first The PRESIDING OFFICER. The the President. I do not doubt the vigor responders? If there is an evacuation clerk will call the roll. and pursuit that the Governmental Af- plan, who evacuates their families The legislative clerk proceeded to fairs Committee will have. Golly, just while they are protecting us? These are call the roll. look at their record on intel reform. I the kinds of questions, these are the Ms. MIKULSKI. Madam President, I think we know they really do operate kinds of things that need to go into the ask unanimous consent that the order with intellectual rigor and integrity. planning. Right now, all that many of us see is for the quorum call be rescinded. But I do believe we need an outside that we have spent a lot of money on The PRESIDING OFFICER (Ms. MUR- group that will look at us and develop homeland security. But what I see is a KOWSKI). Without objection, it is so or- an opinion that will be truly inde- lot of salesmen out there selling gear. dered. pendent, made up of appointees from In fact, sometimes I think there are Ms. MIKULSKI. Madam President, as both sides of the aisle. They would ab- more salesmen selling gear than there I understand it, in about 5 minutes we solutely not be political, even though are first responders. We need to be ef- will be voting on two amendments. One some might have a background in poli- fective. We need to be smart. I want is to establish a Truman-like commis- tics. my country to be safer. I want my sion to see if there has been profit- Governor Kean did a fabulous job country to be stronger. But I think we eering in the contracts in relation to chairing the Commission along with need to be smarter. This is why I think the Iraq war. our former colleague, Congressman Lee a good step forward would be an inde- AMENDMENT NO. 1660 Hamilton. They had a wonderful array pendent commission, not to finger- Madam President, there is also an- of people on the 9/11 Commission. point but to pinpoint, so that never other amendment offered by the Sen- So we owe it to the people of the Gulf ever again would any community have ator from New York, Mrs. CLINTON, on and we owe it to the people of the to suffer or that they could be in a po- a Katrina commission recommenda- United States of America to examine sition to recover better. tion. I am a cosponsor of that amend- this situation and not to do finger- Madam President, I yield the floor ment. Prior to the vote, I would now pointing. We do not need any more fin- and suggest the absence of a quorum. like to make a few remarks in support ger-pointing but we sure do need pin- The PRESIDING OFFICER. The of the establishment of a Katrina com- pointing as to what collapsed, what clerk will call the roll. mission. was not in place. The assistant legislative clerk pro- This weekend I reflected—as I am Some years ago, I led the reform ef- ceeded to call the roll. sure the Presiding Officer did when you fort of FEMA. We started with Presi- Mr. SHELBY. Madam President, I were with your family and maybe made dent Bush 1 and then kept going under ask unanimous consent that the order it back to Alaska with constituents— President Bill Clinton, who gave us for the quorum call be rescinded. that two tragedies have hit our coun- James Lee Witt. FEMA should be one The PRESIDING OFFICER. Without try. One is 9/11, which we can never, of our premier agencies focusing on objection, it is so ordered. ever forget. How grateful we are to the readiness, response, and recovery. Mr. SHELBY. I call for the regular 9/11 Commission for their rigorous in- What went wrong? Was it us? Did we order. vestigation as to what happened: what neglect in oversight? Did we neglect AMENDMENT NO. 1670 went wrong, what went right; what funding Corps of Engineers projects? I The PRESIDING OFFICER. Under went wrong—the failure of communica- really don’t know that. And maybe we the previous order, the question is on tions and technology and intelligence; did not neglect anything, but nature agreeing to the motion to suspend the what went right—the bravery of peo- had enough with our bad behavior and rules for the consideration of amend- ple, the spirit of America. kicked us a little bit. ment No. 1670. The yeas and nays were Then, also, the 9/11 Commission made So I really want to know that, and previously ordered. The clerk will call concrete recommendations. In fact, why. One reason is so it will never hap- the roll. they are meeting this week to issue a pen again, just like we never want a The assistant legislative clerk called report card on how well we have done predatory attack on the United States the roll.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20280 CONGRESSIONAL RECORD—SENATE September 14, 2005

Mr. MCCONNELL. The following Sen- tion to suspend the rules to consider Two-thirds of the Senators voting not ators were necessarily absent: the Sen- this amendment. I hope that we have having voted in the affirmative, the ator from Louisiana (Mr. VITTER) and bipartisan support to do just that. motion to suspend rule XVI pursuant the Senator from Virginia (Mr. WAR- There are a number of committees that to notice previously given is not agreed NER). have a role in this Congress to conduct to. The point of order is sustained, and Mr. DURBIN. I announce that the oversight, to ask questions, but just as the amendment falls. Senator from New Jersey (Mr. CORZINE) with 9/11 we did not get to the point The Senator from Massachusetts. is necessarily absent. where we believed we understood what AMENDMENT NO. 1695 The PRESIDING OFFICER (Mr. happened until an independent inves- Mr. KERRY. Mr. President, I ask THUNE). Are there any other Senators tigation was conducted. unanimous consent that the pending in the Chamber desiring to vote? This legislation is modeled on the 9/ amendment be set aside and that we The yeas and nays resulted—yeas 44, 11 Commission. The President appoints call up amendment No. 1695. nays 53, as follows: the chairman. The Republican and The PRESIDING OFFICER. Is there [Rollcall Vote No. 228 Leg.] Democratic leaders appoint the mem- objection? Without objection, it is so YEAS—44 bers. This will provide us an oppor- ordered. tunity to do the investigation away The clerk will report. Akaka Feingold Mikulski The legislative clerk read as follows: Baucus Feinstein Murray from the work that needs to happen in Bayh Harkin Nelson (FL) this Congress and in the administra- The Senator from Massachusetts [Mr. Biden Inouye Nelson (NE) tion, to meet the immediate needs of KERRY], for himself and Ms. LANDRIEU, pro- Bingaman Jeffords poses an amendment numbered 1695. Obama the people in the Gulf Coast. I hope we Boxer Johnson Pryor Mr. KERRY. Mr. President, I ask Byrd Kennedy will vote to support the Katrina Com- Reed unanimous consent that the reading of Cantwell Kerry Reid mission. Carper Kohl the amendment be dispensed with. Rockefeller The PRESIDING OFFICER. Who Clinton Landrieu Salazar The PRESIDING OFFICER. Without Conrad Lautenberg yields time in opposition? Sarbanes objection, it is so ordered. Dayton Leahy All time is yielded back. Schumer The amendment is printed in the Dodd Levin The question is on agreeing to the Stabenow RECORD of Tuesday, September 13, 2005, Dorgan Lieberman motion to suspend the rule for consid- Durbin Lincoln Wyden under ‘‘Text of amendments.’’ eration of amendment No. 1660. Mr. KERRY. Mr. President, I offer NAYS—53 The clerk will call the roll. this amendment, together with Sen- Alexander DeMint Martinez The legislative clerk called the roll. ator LANDRIEU, to provide comprehen- Allard DeWine McCain Mr. MCCONNELL. The following Sen- Allen Dole McConnell ator was necessarily absent: the Sen- sive relief to small businesses harmed Bennett Domenici Murkowski by Hurricane Katrina. There are two Bond Ensign Roberts ator from Louisiana (Mr. VITTER). Brownback Enzi Mr. DURBIN. I announce that the reasons why it is important to do this Santorum at this time on this bill. Bunning Frist Sessions Senator from New Jersey (Mr. CORZINE) Burns Graham Shelby No. 1, the $63 billion of combined as- Burr Grassley is necessarily absent. Smith sistance in the two supplemental Chafee Gregg The PRESIDING OFFICER. Are there Snowe spending bills doesn’t allocate one por- Chambliss Hagel any other Senators in the Chamber de- Specter Coburn Hatch siring to vote? tion of it to small businesses specifi- Cochran Hutchison Stevens cally. So there is no small business re- Coleman Inhofe Sununu The result was announced—yeas 44, Talent nays 54, as follows: lief—no funding for small business as- Collins Isakson sistance within the structure of the Cornyn Kyl Thomas [Rollcall Vote No. 229 Leg.] Thune SBA or for other small business assist- Craig Lott YEAS—44 Crapo Lugar Voinovich ance programs Congress has created. Akaka Feingold Mikulski No. 2, this appropriations bill is the NOT VOTING—3 Baucus Feinstein Murray Corzine Vitter Warner Bayh Harkin Nelson (FL) funding source for the Small Business Biden Inouye Nelson (NE) Administration. It is through the The PRESIDING OFFICER. On this Bingaman Jeffords Obama Small Business Administration that vote, the ayes are 44, the nays are 53. Boxer Johnson Pryor Byrd Kennedy disaster loan assistance is available for Two-thirds of the Senators duly chosen Reed homeowners and for business owners, Cantwell Kerry Reid and sworn not having voted in the af- Carper Kohl Rockefeller and it is through the Small Business firmative, the motion to suspend rule Clinton Landrieu Salazar Administration that the Federal Gov- Conrad Lautenberg XVI pursuant to notice previously Sarbanes Dayton Leahy ernment provides the full complement given in writing is rejected. Dodd Levin Schumer of assistance to the small businesses of The point of order is sustained. The Dorgan Lieberman Stabenow our Nation. So it is appropriate for us Wyden amendment falls. Durbin Lincoln to be doing this at this time. The SBA Mr. SHELBY. Mr. President, I move NAYS—54 is indispensable to the recovery of the to reconsider the vote. Alexander DeMint Martinez gulf region after Hurricane Katrina. Mr. CRAIG. I move to lay that mo- Allard DeWine McCain I was down there on Monday and tion on the table. Allen Dole McConnell could see for myself the numbers of The motion to lay on the table was Bennett Domenici Murkowski Bond Ensign Roberts small business people who are im- agreed to. Brownback Enzi Santorum pacted, listening to the Governor, the AMENDMENT NO. 1660 Bunning Frist Sessions Lieutenant Governor, Congressman Burns Graham Shelby The PRESIDING OFFICER. Under Burr Grassley Smith JEFFERSON and others, all of whom de- the previous order, there will be 2 min- Chafee Gregg Snowe scribed how critical this help is going utes of debate evenly divided for a vote Chambliss Hagel Specter to be. The States concerned—Alabama, on another motion to suspend the Coburn Hatch Stevens Mississippi, and Louisiana—are still in Cochran Hutchison Sununu rules. Coleman Inhofe Talent the process of assessing the full extent The Senator from New York. Collins Isakson Thomas of the damage. There are an estimated Mrs. CLINTON. Mr. President, I have Cornyn Kyl Thune 800,000 small businesses in those three Craig Lott Voinovich offered an amendment to create an Crapo Lugar Warner States, but already we have received independent commission, known as the reports that more than 100,000 in Lou- Katrina Commission, to investigate NOT VOTING—2 isiana and some 50,000 in Mississippi with outside experts the situation we Corzine Vitter were damaged or destroyed completely. have confronted for the last 2 weeks in The PRESIDING OFFICER. On this We also know that in Louisiana the Gulf Coast. This vote is on a mo- vote, the yeas are 44, the nays are 54. alone, small businesses provide more

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20281

than 65 percent of the jobs. Sixty-five closely with Senator LANDRIEU who, prices, we give them access to low-cost percent is typical for most of America, along with her staff, has worked tire- disaster loans. which is why Senator after Senator lessly in recent days to determine what This is a very straightforward exam- comes to the floor and goes home to the businesses in her State need to get ple of how businesses outside the dis- their States and talks about the impor- Louisiana small business on the road aster area have been indirectly and se- tance of small business to the Amer- to recovery. I think we ought to be en- riously adversely impacted. ican economy. couraged—frankly, all of us in the Sen- The other day, I was driving through What the mayor of Baton Rouge told ate ought to be encouraged—at how a couple of States well north of Wash- me, what the Governors told me, and much we can do under the auspices of ington, DC—not in Massachusetts but other officials I spoke with, is how crit- the Small Business Administration, New Jersey, New York, and elsewhere— ical it is to be able to get the local pop- recognizing that a lot of these busi- and the gas prices are all reflecting the ulation back to work as fast as possible nesses have no way of fully operating effects of Katrina. Small farmers in the and to try to mitigate against some of now or any time soon. We try to take Presiding Officer’s State of South Da- the dislocation. steps to defer for 2 years the interest kota, North Dakota, Wisconsin, Iowa, The only way we are going to get and the principal payment for those and all across the country are deeply people back to work, the only way we businesses located directly in the dis- impacted by the cost of fuel for their get these areas thriving again, is to aster area, those that have been ad- tractors or for their trucks for deliv- make small business a priority of the versely impacted. For small businesses eries all across the country. This will recovery itself. directly impacted, we permit them to help the small businesses and farmers Our amendment recognizes that it is use disaster loans, which have interest and manufacturers that are being crip- going to take months, if not years, for rates capped at 4 percent. I remind my pled. The high cost of energy is making a lot of businesses to get back to nor- colleagues that these are loans. These American manufacturing noncompeti- mal. SBA’s Federal disaster loans and aren’t grants. We allow small busi- tive. Talk to truckers who are tra- physical damage loans and economic nesses to refinance existing disaster versing the Nation about the cost of injury loans are going to play a critical loans and existing business debt in fuel. It’s a huge portion of the current role in this recovery. order to consolidate their debt and price of goods consumed by the in- Our amendment also recognizes that lower their interest payments. creased energy prices. The result is a similar to the domino effect of the 9/11 For those small businesses directly lot of folks who are teetering on the attacks—the domino effect that those impacted that had SBA 7(a) and 504 edge with loans out and financed are attacks had on our economy in other loans before Katrina, if they are unable now finding themselves in economic places—we need to help not only those to make their payments, we direct the difficulty. So this is a way to help businesses physically located within SBA to assume the payments for up to the declared disaster area, but also an them, and this tries to do that. 2 years or until the businesses can re- I point out to my colleagues that pre- awful lot of businesses that have been sume payments earlier on their own. viously the energy relief portion of this indirectly harmed because of the loss For small businesses that are di- amendment has passed the Senate of business directly to those areas or rectly impacted, such as suppliers to three times. There are 37 Republican because of the increase in fuel prices. the extensive tourism industry in the Senators currently in the Senate who The tourism industry, for instance, is gulf coast, we make available SBA 7(a) have previously voted for this on sev- so important to New Orleans and has loans at reduced rates, with protec- eral occasions. Our hope is that we can suppliers around the country. Travel tions to make sure that those who need proceed forward. agents who book conferences, compa- the loans are the ones getting them. In addition, to help drive down the nies that provide food and beverages For small businesses that need coun- impact of Hurricane Katrina and its and supplies for the hotels, res- seling, we increase funding to SBA’s toll on the economy as a whole—in- taurants, and bars. Suddenly they have counseling partners to serve busi- cluding added costs to health care for no orders. There are small businesses nesses, whether they are in Louisiana, small business, energy for small busi- that could help rebuild the damaged Mississippi, or Alabama, or whether ness, and rising interest rates—we tem- and destroyed homes, businesses, and they are still displaced in other States porarily lower the interest rate set by infrastructure of the Gulf region. But such as Texas or Arizona. the Federal Government itself. There is they need legal protection to make We put in place contracting protec- no need for us to recoup at the same sure they can be part of the Federal tions to encourage the Federal Govern- rate, if it helps those businesses remain contracts paying for these projects and ment to help rebuild the economy by viable. services. using local businesses or small busi- The Congressional Hispanic Caucus One of the reasons for this is that too nesses. has been calling for this relief for His- often the Federal Government, in its We authorize $400 million in grants panic small business owners because effort to move rapidly, which we under- to the States in the declared disaster ever since the administration raised stand, takes the easiest route or path areas in order to make immediate the fees on 7(a) loans, loans to His- of least resistance and gives big con- bridge loans or grants to those small panics have fallen by 14 percent. With tracts to the Halliburtons of the world, businesses directly harmed by Hurri- the added problems to the economy leaving a lot of the local economy and cane Katrina that need access to caused by Hurricane Katrina, making small businesses still gasping, looking money immediately and can’t wait for capital more affordable is a way to for their way into that pipeline. the disbursement of Federal loans or open the doors of opportunity and to Then, of course, there is the under- other assistance. This has worked in help people to be able to keep the econ- estimated but, frankly, always essen- the past, and it can work now. omy moving. tial counselor component. A lot of As we all know, Hurricane Katrina In closing, I thank Senator REID, small businesses need help figuring out knocked out roughly 10 percent of U.S. Senator MIKULSKI, and Senator LAN- how to restructure, how to process all oil refining and natural gas pipeline ca- DRIEU for their leadership and help in of this, how to make up for the loss of pacity. That has caused prices for gaso- shaping this legislation. The coming business. Many of them have viable line and natural gas to go through the weeks and months are critical for businesses. With a small amount of as- roof all over the country. Experts esti- small businesses. Frankly, it is too sistance they can keep that viability mate the impact is going to hit us in easy to go to the meetings back home and minimize the negative impact to the winter as well when heating oil and stand up in front of the small busi- our economy and to their business. prices are going to increase as much as ness community and say: Aren’t you In order to put this package together 70 percent. To help small businesses great; you are 98 percent of the busi- in a way that addressed the real needs and farmers and manufacturers that nesses of America. You are the engine of the communities, I have worked are being crippled by these energy of our economy.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20282 CONGRESSIONAL RECORD—SENATE September 14, 2005 Over 60 percent of America’s employ- I ask that letters from the Albu- tinue to fight for its inclusion in other bills, ees work in small business. Almost all querque Hispano Chamber of Com- and its prompt passage into law. the new jobs in America come from merce and from the Los Alamos Cham- Thank you for your continued support for small business and for this important legis- small business. Small business has ber of Commerce in support of this lation. been hurt by the hurricane and by the amendment be printed in the RECORD. I Sincerely, indirect impact of that hurricane on very much appreciate their endorse- JOSEPH P. CASTILLO, other sectors of our economy. This is ment of this Senate effort to respond Chief Operations Officer. an opportunity for the Senate to be to the need of small businesses as they able to address those dire needs. I hope struggle with high fuel prices. The ca- LOS ALAMOS my colleagues will join in that effort. tastrophe along the gulf coast has CHAMBER OF COMMERCE, Los Alamos, NM, September 14, 2005. I suggest the absence of a quorum. made a bad situation worse, and we Senator JEFF BINGAMAN, The PRESIDING OFFICER. The have a responsibility to provide assist- clerk will call the roll. Santa Fe, New Mexico. ance to those who need a way to sus- DEAR SENATOR: I am writing on behalf of The legislative clerk proceeded to tain their businesses during this crisis. the Los Alamos Chamber of Commerce to ex- call the roll. I urge my colleagues to again support press our alarm about rising fuel prices and Mr. BINGAMAN. Mr. President, I am this amendment, as it was supported in to endorse the Small Business and Farm En- pleased to join my colleagues from June, so that our businesses and farms ergy Emergency Act of 2005, S. 269, which we Massachusetts and Louisiana, Senators understand is expected to be offered as an will receive the assistance they so des- KERRY and LANDRIEU, in support of this amendment in the U.S. Senate. Many of our perately need. amendment to provide assistance to members throughout Northern New Mexico There being no objection, the mate- businesses and farmers who are facing are facing a cash flow crisis from high and rial was ordered to be printed in the rapidly increasing prices for gasoline, nat- serious economic injury from the cur- RECORD, as follows: ural gas, propane and other fuels that are es- rent run-up in fuel prices. sential to their businesses. ALBUQUERQUE HISPANO This amendment would establish a 4– Typically, our members have small cash CHAMBER OF COMMERCE, year pilot program to provide emer- flows, narrow margins, and have very limited Albuquerque, NM, September 14, 2005. gency relief through affordable, low-in- reserves to cover unexpected or significant Senator JEFF BINGAMAN, terest Small Business Administration increases in costs. This legislation would es- Hart Senate Office Building, tablish a 4-year pilot program to provide and Department of Agriculture disaster Washington, DC. loans to small businesses and farms emergency relief through affordable, low-in- DEAR SENATOR BINGAMAN: The Albu- terest Small Business Administration and harmed by significant increases in the querque Hispano Chamber of Commerce Department of Agriculture disaster loans to price of fuels. Small businesses have (AHCC) is an organization with over thirteen small businesses and farms harmed by sig- narrow operating margins and limited hundred (1,300) smal1 businesses. These small nificant increases in the price of fuels. The reserves to cover unexpected or signifi- businesses face many challenges on a daily dramatic increase in the price of gasoline for cant increases in costs, and commer- basis to ‘‘keep the shop open.’’ Of over- transportation has compounded the slower cial loans are not available to respond whelming concern are today’s spiraling fuel but steady increase in natural gas, propane, costs. kerosene and other fuels that are essential to this kind of situation. Existing dis- We are writing to express our alarm about aster loan programs must be expanded to many business operations. It is vital that the increasing fuel prices and to endorse the existing disaster loan programs be expanded so that small businesses and farms will Small Business and Farm Energy Emergency so that small businesses and farms will have be able to tap into the capital they Act of 2005, S. 269, which we understand is ex- access to the capital they need to manage need to manage their way through this pected to be offered as an amendment in the these new cost challenges. Commercial loans period of high fuel prices. Without ac- U.S. Senate. Many of our members through- simply are not available for this type of tion by the Congress, many small busi- out New Mexico are facing a cash flow crisis emergency. Without Federal assistance, nesses and farms will be confronted from high and rapidly increasing prices for many of our members are confronted with with higher costs, reduced profits and gasoline, natural gas, propane and other curtailing operations, raising prices and suf- fuels that are essential to their businesses. likely layoffs. fering declining sales, layoffs, and even Typically, our members have small cash bankruptcy. The Senate has this opportunity to flows, narrow margins, and have very limited Most of our members are in the Los Ala- reconsider, and again pass, legislation reserves to cover unexpected or significant mos area, a remote location from major dis- that would provide vital relief. This increases in costs. This legislation would es- tribution centers so we face a particularly amendment has enjoyed bi-partisan tablish a 4-year pilot program to provide difficult situation with regard to rising en- support for several years. I was pleased emergency relief through affordable, low-in- ergy costs. to be a cosponsor with over 30 col- terest Small Business Administration and We understand that this emergency loan leagues when it was first introduced in Department of Agriculture disaster loans to program was included in the national energy legislation which passed the U.S. Senate ear- the 107th Congress as S. 295, and when small businesses and farms harmed by sig- nificant increases in the price of fuels. The lier this year, but that it was dropped during it was reintroduced in this Congress as dramatic increase in the price of gasoline for the conference committee with the House of S. 269. Most recently, in June, the Sen- transportation has compounded the slower Representatives. Many of our members face ate passed this measure as section 303 but steady increase in natural gas, propane, a crisis with each new fuel bill and need as- of the comprehensive energy legisla- kerosene and other fuels that are essential sistance without further delay. We applaud tion. Unfortunately, like other Senate to many business operations. It is vital that the Senate’s previous effort to get this im- passed provisions, it ended up on the existing disaster loan programs be expanded portant bill enacted and urge that you con- cutting room floor during the con- so that small businesses and farms will have tinue to fight for its inclusion in other bills, access to the capital they need to manage and its prompt passage into law. ference with the House. Now, however, Thank you for your continued support for the need to assist businesses and farms these new cost challenges. Commercial loans simply are not available for this type of small business and for this important legis- that are being injured by skyrocketing emergency. Without Federal assistance, lation. fuel prices is far greater than it was in many of our members are confronted with Sincerely, June. curtailing operations, raising prices and suf- KEVIN HOLSAPPLE, Businesses in New Mexico have ex- fering declining sales, layoffs, and even Executive Director. pressed concern about prices and urged bankruptcy. Mr. DORGAN. Mr. President, I ask support for this bill and I know that We understand that this emergency loan unanimous consent that the order for their experience is shared by businesses program was included in the national energy the quorum call be rescinded. across the Nation. Last Tuesday, the legislation which passed the U.S. Senate ear- The PRESIDING OFFICER (Mr. Energy Committee held hearings on lier this year, but that it was dropped during SUNUNU). Without objection, it is so or- the fuel price crisis and heard sobering the conference committee with the House of dered. Representatives. Many of our members face testimony about the constraints on oil a crises with each new fuel bill and need as- AMENDMENT NO. 1665 supply and on the expectation for sus- sistance without further delay. We applaud Mr. DORGAN. Mr. President, we are tained high prices for other fuels as the Senate’s previous effort to get this im- on the Commerce-Justice appropria- well. portant bill enacted and urge that you con- tions bill. My understanding is there

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20283 are a number of amendments left, one So year after year after year that un- Indonesia or any number of other coun- of which is the amendment I have of- fair trade existed, until finally an ac- tries where we can hire people for pen- fered. It is an amendment that is ger- tion was filed against the Canadians, nies on the dollar and not have to mane, an amendment I expect to have and some countervailing duties were worry about all the nuisances that a vote on. I know that amendment has levied against that wheat coming in as exist in this country with respect to caused quite a lot of consternation on unfair trade. Well, that countervailing child labor and safe workplaces and the the floor of the Senate in recent hours, duty represents a protection we have in ability of workers to organize and form also in the Washington Post, and now our country for farmers, yes, for busi- a union, and so on. in a letter from two members of the nesses, for industries—protection So as companies increasingly move President’s Cabinet, on behalf of the against unfair trade by other countries their jobs offshore to other countries, President, suggesting that were this that attempt to destroy a business or we are engaged more and more in un- amendment to come to his desk in a destroy an industry in our country by fair trade practices against our coun- piece of legislation, they would rec- sending in products that are deeply try, and our trade negotiators are will- ommend a veto. subsidized or sold at dumped prices in ing to negotiate away the last vestiges This is about trade issues and about order to injure this country’s economy of protection we have. whether we are finally, as a country, or injure an industry in this country. From the Washington Post: going to stand up for this country’s We have laws against that. The laws The Bush administration urged the Senate economic interests. are antidumping laws and counter- on Tuesday to reject an amendment they I only take the floor again to urge vailing duty laws. We have laws that said would cripple chances of reaching a new those who do not want to have a vote would prohibit another country from World Trade Agreement. on this amendment to relent. We have The measure . . . is aimed at preventing targeting our country with unfair U.S. trade negotiators from agreeing to a right to have a vote. I properly of- trade. We have a right to stand up for change any laws that allow the United fered this amendment, and I would ex- our interests and say: You can’t do States to impose duties against unfairly pect a vote before the day is out. that. That is what these laws are priced or subsidized imports. The vote is very simple. It is an about—countervailing duty laws and The trade ambassador says: amendment that says no funding in antidumping laws. We strongly urge the Senate to reject this this appropriations bill can be used by But now there is a new set of trade unwise amendment. the Commerce Department or the trade negotiations occurring in Doha, half- The provision would ‘‘provide our trading ambassador’s office to negotiate a way around the world. They are occur- partners an excuse to refuse to negotiate on trade treaty that reduces or eliminates ring in secret, and our country is in- sectors and subjects they consider sensitive’’ the protections that we have in this volved in them. Our country has indi- and greatly diminish our chances of reaching country to protect domestic producers cated, at the demand of other coun- an ambitious world trade deal. against unfair trade. tries, that we will get rid of our protec- I am not particularly interested in I have mentioned before that some tions, such as countervailing duties anybody reaching a deal if the deal is years ago I drove to the Canadian bor- and antidumping laws. Our country not fair to this country. The objective der one day with a man named Earl said: OK, we’ll negotiate some changes of negotiating is not to negotiate a Jensen. Earl had a 12-year-old, 2-ton in that. deal, if a deal is not fair to us. It orange truck. We drove to the Cana- Let me read what this morning’s doesn’t matter whether you are talking dian border with some durum wheat. Washington Post has to say. It says: about GATT, United States-Canada, We got to the Canadian border and we The Bush administration agreed to nego- NAFTA, CAFTA, at the end of the day, were stopped. They said: You can’t tiations on U.S. anti-dumping and counter- our trade negotiations in the last 25 take American durum wheat into Can- vailing duty laws when the latest round of years have left this country in a weak- ada. They stopped us. world trade talks was launched in 2001. Many er position and have put this country On the way to the Canadian border, other countries view the measures as an un- in a position where our jobs are leaving we saw 18-wheelers hauling Canadian fair trade barrier and want to discipline U.S. this country. I am not interested in a wheat into our country. We saw truck ability to use them. trade deal unless it represents this after truck after truck bringing Cana- In other words, other countries are country’s best interests. dian wheat across the border into our saying it is unfair we have anti- It is time for this country to under- country, and we couldn’t get a little dumping laws in this country. stand that trade agreements must be old 12-year-old orange truck into Can- It is unfair that we have laws that mutually beneficial. This week, to a ada with about 150 bushels of durum prohibit other countries from dumping giant yawn in the Senate Chamber, wheat. their products in this country at far there was an announcement that we What was happening was the Cana- below the cost in a way that would en- had the fifth highest trade deficit in dian Wheat Board—which is a sanc- danger U.S. industries and businesses the history of our country. It was only tioned monopoly by the Government, and workers. It is unfair, they say. So $58 billion for a month. Did that create which would be illegal in this coun- they want to negotiate an end to those a traffic jam for people to come to the try—was selling all that wheat into our few things left in our trade laws that Chamber to say: Maybe we ought to country at secret prices, undercutting allow us to protect our own economic stare truth in the eye and deal with American farmers, engaging in unfair interests. this issue? No. It wouldn’t interrupt trade, taking money straight out of the The administration, involved in the any naps around here. Nobody cares pockets of American farmers with un- Doha talks, has said they would agree about trade. Nobody cares about jobs. fair trade. You could not do anything to put all of these things on the table Nobody wearing blue suits is going to about it. to potentially negotiate away our anti- lose their job because politicians don’t We demanded of the Canadian Wheat dumping laws and countervailing duty get outsourced; it is just workers. They Board all of the information—the ma- laws. Rather than the $2 language of are the ones who come home and say: terials, the data—that defined their trade, another way to describe it is to Honey, I lost my job. I worked there 20 sales that they were making at secret talk about what it means to this coun- years and did a great job, but they prices. We sent the Government Ac- try and to its workers and businesses. have told me my job is now going to counting Office, the GAO, up to the Ca- As you know, I have talked at great India. And by the way, I am going to nadian Wheat Board. They thumbed length about the number of companies train the person in India that works their nose at us and said: We don’t in- that have outsourced their jobs, told my job because they are bringing them tend to give you any of that informa- their American workers: We don’t need over to get training from me. Then I tion. We don’t intend to do anything you any longer, don’t want you, be- am done. that gives you information. Go fly a cause your jobs are gone. They are now My only purpose for offering this kite, they said. in China or Bangladesh or Sri Lanka or amendment is to say that at some

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20284 CONGRESSIONAL RECORD—SENATE September 14, 2005 point this country might want to stand God forbid that we should include an able wage or having to put up with up for its own economic interests, for amendment that stands up for this workers that want to organize with re- its farmers, businessmen, and workers. country’s economic interests. spect to workers’ rights. It has not done that. I am anxious to All of these folks have painted these I mentioned yesterday how much I have a discussion about how anybody wonderful mosaics with respect to admired liked Lech Walesa. He was the in this Chamber thinks it advances our trade agreements, whether it is CAFTA fellow in Poland who took down a Com- interests to go to Doha and, in secret, or any of the others. After each single munist Government, leading workers’ negotiate an agreement that would trade agreement, our trade deficit has rights strikes in the country of Poland. weaken the protections we have for our increased, and the number of American We deeply admired him. Maybe we producers to require competition in jobs lost, the number of American jobs ought to stand up for similar issues in trade be fair. I wish to have a discus- moving overseas has increased. You other parts of the world on economic sion or a debate with anybody in the would think at some point just by matters. Maybe once we ought to de- Senate who thinks that is a good deal chance the Congress would decide, this cide that our real role is to bring oth- for this country. I don’t know. Maybe doesn’t make any sense. At some point ers up, not push us down. That is why we have become immune to the news when you see things don’t work, you I offer this amendment. when in a month our trade deficit is $57 probably decide you might want to re- I know there are plenty of people who billion, $59 billion, $55 billion. Our evaluate them. Not this Congress. In feel very strongly that I am dead trade deficit with China alone in a fact, if something is not working, this wrong about this, but they are not sup- month is $16, $17, $18 billion. Every sin- Congress says: Let’s do a lot more of it. ported by the facts. All of the evidence gle day we buy $2 billion more from It is like the old story about the guy is opposed to it working. There isn’t abroad than we send abroad, 365 days a hauling coal. He is losing money so he anyone who can come to this heir argu- year. starts hauling a lot more coal. That is ment that the current trade strategy is You can make a case, if you are an the attitude of this Congress: It doesn’t floor and tell me that a strategy that economist with real tiny glasses and matter, $700 billion a year in deficits. produces $700 billion a year in trade not much breadth of thought, that the Let’s do some more. Let’s send our guy deficits, $2 billion a day in trade defi- budget deficit and our budget is what to Doha. cits, somehow works to the advantage we owe to ourselves. You can make It is interesting. Why do you think of this country. It does not. It weakens that case. You cannot make a similar trade negotiations are going on in case with respect to the trade deficit. America. We will not long remain a Doha? Why not London or Paris or New world economic power unless we have a That is a deficit that we owe to others York? Why in Doha in secret? Because outside of this country. Those are strong manufacturing base and decide if they had these trade negotiations in to stand up for the standards we fought claims against American assets. It is London, Paris or New York, the streets what Warren Buffett, a businessman I for, for a century, that created a broad would be jammed with protesters. So middle class that represented the pur- hugely admire, calls creating an econ- they go to Doha and have a negotiation omy of sharecroppers. chasing power to move America for- that is in secret, and they come back ward. That is what so many forget. It is fascinating to me that somehow and tell us—with fast track, so that we are told there is a doctrine of com- Mr. President, I wish to make one you can’t offer any amendments—here other point. The amendment is nearly parative advantage with respect to the is what we negotiated behind that Chinese, which is our largest trading identical to the amendment offered by closed door. Like it or lump it; you partner in terms of the deficit. We have Senator DAYTON and Senator CRAIG can’t change it. when we had fast track before the Sen- a huge deficit with China that is likely This is now a new world order. It is ate, and it received 61 votes. It passed now to reach close to $200 billion in 1 going to affect our country in a lot of the Senate, though it was dropped in year. What is the comparative advan- ways. It won’t affect anybody wearing conference. That is why I assume they tage? Is it a natural economic advan- blue serge suits, just workers. If work- tage such as the Portuguese and do not want to vote on this amendment ers lose their jobs and those jobs are English trading wool or wine? No. The today. They worry they will lose the sent overseas, that is part of the ad- advantage is, you can hire somebody vote in the Senate. vancement of an enlightened economy. for 33 cents an hour, work them 7 days This is not enlightenment, not after My hope is they will understand that a week, 12 hours a day. If they com- you work for 100 years, to decide that I have timely filed this amendment. It plain, you can throw them in jail. And you want to create a standard by which is germane. I have a right to a vote. I if they try to form a labor union, you people can live well, work, get paid a insist on a vote. And I believe it is the can fire them first, then throw them in decent wage, work in a safe workplace, only conceivable way we can finally prison. That is the advantage. The ad- have job protection, the ability to or- begin to change this country’s trade vantage is borne on the backs of work- ganize, and then negotiate all of that policies and tell trade negotiators they ers. away which is exactly what is hap- cannot get into an airplane, fly half- We are not exporting enough product way around the world, shut the door of because we are importing $2 billion a pening. I mentioned yesterday James Fyler. I the room in which they are going to day more than we are exporting. What probably shouldn’t have said: James negotiate, and negotiate away protec- we are exporting is misery, the misery Fyler died of lead poisoning. He was tions of American businesses and work- of people who are working in cir- ers who demand fair trade. They can- cumstances where they don’t have a shot 55 times. James Fyler was a labor organizer, and he lost his life for trying not do that. We will not allow them to voice. They are fired if they attempt to do that. form a labor union. They work in un- to organize for rights of workers. That was in 1914. Over a long period of time, I say to the leadership on the other safe plants. They work 7 days a week side, I hope they will now come back and they are paid pennies an hour. we finally made progress and decided there are conditions of production with and have a vote on my amendment this That is the export of misery. afternoon. Win or lose, I feel passion- I didn’t intend to speak at great respect to the environment and work- ately that this country needs to speak length about this. The administration ers and other things that make sense. about this issue and do so in support of has written a letter saying, through And now all of a sudden, once we have this country’s economic interests. Rob Portman, trade ambassador, and established those rules, you can avoid Mr. President, I yield the floor and Carlos Gutierrez, the Secretary of all those rules as a company by pole- suggest the absence of a quorum. Commerce: vaulting over them to India or China The PRESIDING OFFICER. The We and other senior advisors will rec- and deciding: That is where I am pro- ommend to the President that he veto this ducing because I don’t have to put up clerk will call the roll. legislation if the Dorgan amendment were with all this nuisance such as not being The assistant legislative clerk pro- included. able to hire kids or having to pay a liv- ceeded to call the roll.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20285 Mr. CONRAD. Mr. President, I ask There was a report in the Wall Street That can be seen if we look at the unanimous consent that the order for Journal that the first estimates on revenue line in historical perspective. the quorum call be rescinded. Katrina costs for Washington hit $200 This is the revenue line going back to The PRESIDING OFFICER. Without billion. This is in a story that just ap- 1959 as a percentage of our gross do- objection, it is so ordered. peared on September 7. The lead says: mestic product. The economists say THE BUDGET The Federal Government could spend as that is the best way to look at it be- Mr. CONRAD. Mr. President, we much as $150 billion to $200 billion caring for cause that takes out the effects of in- know the country has been hit by the the victims of Hurricane Katrina and re- flation year to year. Look what we see. catastrophe of Katrina. We know hun- building from its devastation, according to Revenue was almost 21 percent of GDP dreds of lives have been lost. We know early congressional estimates—a total bill that would far surpass the initial costs of re- in 2000. The President at the time said tens of billions of dollars of property covering from the 9/11 terror attacks and revenue is very high historically, and damage has been done. We know there could put Katrina on track to become the he was exactly right, revenue was high are thousands of people who have been most expensive natural disaster in American historically. His answer was to cut displaced, who are without their history. taxes. But look at what has happened. homes. We know there is widespread None of us begrudge spending this Revenue in 2004 was 16.3 percent of devastation across an entire region of money to help the victims. We all un- GDP, the lowest it has been since 1959. the country. We know the insurance derstand that is a Federal obligation, a So once again, the notion that if we losses to the country apparently ap- tragedy of such sweeping dimension cut taxes we are going to get more rev- proach $100 billion. We also know enor- that it requires a full Federal response. enue did not work. We cut taxes re- mous damage has been done to our But we need to evaluate these enor- peatedly and revenue has collapsed. budget situation with the Federal Gov- mous expenditures in light of the very The result is the gap between spending ernment. deep deficit ditch we are already in in and revenue has once again opened up I thought this was perhaps an appro- this country, a deficit ditch that is and is producing massive budget defi- priate time to come to the floor to talk only exceeded by the debt ditch that is cits. about the changes in our budget situa- being dug by the policies that are being If we look ahead, it is all too predict- tion and the implications for the future pursued in Washington. able where we are headed. The adminis- and how important it is that we begin I think all of us who have been en- tration earlier said they are going to to focus on the damage that has been gaged in these debates know how seri- cut the deficit in half over 5 years, but done to our fiscal condition and to ous the long-term outlook is. To evalu- they got that result by leaving things begin the process of thinking through ate what has happened in the past so out. They left out the full effect of war what our response will be. Are we going that we better understand our future, I costs. They left out the cost of fixing to stay with the same plan that was in wanted to go back to 2001. After the the alternative minimum tax, which place before, or are we going to recog- 2000 elections, the 2001 Congressional costs $700 billion to fix. The alternative nize a new reality and move to a dif- Budget Office, looking ahead, told us minimum tax is the old millionaires’ ferent plan and hopefully steer the this was the range of possible outcomes tax. It is now a middle-class tax trap. country back to some fiscal course for the budget going forward. This The alternative minimum tax affected that has better long-term prospects? would be a projection on what the sur- 3 million people this year. Ten years We know, putting in perspective be- pluses might look like going forward. from now it is going to affect 30 million fore Katrina, where things stood; that They picked this midrange going for- people if we do not respond. So, of we faced in this country very large ward. deficits in historical terms. We go back They were projecting surpluses. That course, we are going to respond. We to 2001, when we actually enjoyed a was the long-term outlook. The Con- must respond. But it costs money and surplus of $128 billion, and each year gressional Budget Office, the Office of the money is not in the budget, just as since that time, the deficits have Management and Budget, told us we war costs passed September 30 are not grown to record proportion. In 2004, the could expect something like $6 trillion in the budget. deficit reached a record level of $412 in surpluses over the next 10 years at When these things are put back in, billion. The estimates for 2005, before that time. I remember many of my col- what one sees is a much different out- Katrina, were $331 billion, still an enor- leagues told me repeatedly, when I look going forward, and this is before mous deficit, and in many ways it un- urged them not to be betting on this Katrina. I want to emphasize this is be- derstates the seriousness of our fiscal 10-year forecast: Kent, you are being fore Katrina. What we see is a deficit condition because, as the occupant of much too conservative. picture that gets much worse, espe- the chair knows very well, the budget Do you not understand that when we cially after this 5-year budget window. deficit is a more conservative look at have these tax cuts, we will get much The budget the President submitted how serious our situation is in the more revenue? We will not be at the was for 5 years. Previously we had been sense that it understates what is actu- midline of this range of possible out- doing 10-year budgets. I think one rea- ally happening because the amount of comes. Instead, we will be significantly son the President changed to 5 years is the increase in the debt of our country above it because if you cut taxes, the because we see the deterioration that is far greater than the reported deficit. theory was there is going to be more is going to occur if the President’s I find there is a lot of confusion on money. budget proposals are adopted, because that as I go around my State. People Well, we can go back now and look at the President is saying, spend more think the amount of the deficit is what what actually occurred, not what some money but cut the revenue base as gets added to the debt, but that is not ideological slogan predicted, but what well. In fact, he is proposing over $1.5 the case. What is added to the debt is actually occurred in the real world. In trillion of additional tax cuts. much greater. In fact, we anticipate the real world what happened with If we do a reality test, I think we now that the debt will increase in 2005, deficits is this red line. It is far below have to ask ourselves the question, not by $331 billion, but now with the bottom of the projections that were where is this all headed? We cannot Katrina, well over $600 billion. made by the Congressional Budget Of- pay our bills now. We are running near- We now know Katrina has absorbed fice. Not only did we not achieve the record deficits. Spending is exploding. already $62.3 billion of additional midpoint of the range, nor anywhere Sixty billion dollars has been appro- spending. We were last told that the close to that, we were not even at the priated to Katrina alone in the last few Federal Government was spending bottom of the range of possible out- days. The President says, cut the rev- about $2 billion a day in response to comes. We are far below the bottom. So enue base by $1.5 trillion. Most of that Katrina, truly a stunning amount of the theory that if we cut taxes, we get cut will occur beyond the 5-year budget money. That is over and above all more revenue and this would all work window, and this is before the baby other Federal expenditures. And this out has not worked very well in the boomers retire. What possible sense $62.3 billion is just a downpayment. real world. does this policy make?

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20286 CONGRESSIONAL RECORD—SENATE September 14, 2005 We have before us a budget plan that we are on, that debt is going to be In the past 75 years, the economy has makes the situation worse. The budget jumping by $600 billion, some of these grown at 3.4 percent a year. If the econ- itself will increase the debt $600 billion years more than $600 billion, each and omy were to grow in the future as it a year every year for the next 5 years, every year for the next 5 years; mas- has in the past, 80 percent of this short- and I will discuss that in the next sive increases in debt. At a time the fall would disappear. chart. In addition to the budget plan, President told us if we adopted his plan Does that mean we do not have a there is a plan called reconciliation, a back in 2001, one will recall he said problem? No. I wish it did, but we have process of fast-tracking legislation there is going to be maximum paydown a big problem. The problem we have, as that was supposed to be used to reduce of the debt. Do we see any paydown of I diagnose it, is first of all those very the deficit. In passing their budget this the debt occurring? No paydown of the large budget deficits we are running year, our colleagues decided to use that debt. The debt is skyrocketing. now, coupled with the shortfall in fast-track process to actually increase There is not much interest in this Medicare, which is seven times the pro- the deficit. Why? Because they have $35 town, or perhaps elsewhere, about this jected shortfall in Social Security. billion of spending cuts over the life of problem. But there will be. I predict This is the real 800-pound gorilla: Medi- the budget but they have $70 billion of there will be because, one, the markets care—a shortfall of almost $30 trillion revenue cuts. The result is the deficit cannot be fooled; reality cannot be estimated over the next 75 years. This is increased. The debt is increased—not fooled. The reality is, we are going shortfall, I believe, is much more like- reduced, but increased. deeper and deeper into hock. ly to come true than the projected When one looks at the budget that Who are we going into hock to? Well, shortfall in Social Security because it was passed in the Senate and ulti- increasingly we are going into debt is based not only on an aging popu- mately passed in the House and then with other countries around the world. lation but medical inflation that is passed both Chambers, what one sees is We owe Japan over $680 billion. We owe running far ahead of the underlying the debt of the country going up dra- China over $240 billion. We owe the rate of inflation. matically before Katrina. The debt was United Kingdom over $140 billion. My If you put it all together, we have going to go up over $600 billion a year favorite is the Caribbean banking cen- massive budget deficits made much each and every year of the budget that ters. We owe the Caribbean banking more severe by the war in Iraq and Af- was passed. centers over $100 billion. I like to ask ghanistan that is adding $6 to $8 billion I know it is hard to believe, but these audiences back home if anyone is doing a month; coupled with Katrina, who are the numbers in the budget docu- business with the Caribbean banking knows what the ultimate cost will be? ment itself. In the budget document centers. I have never had a hand go up. It is at least $60 billion and counting. itself, their prediction of what will I do not know where the Caribbean And then we have these massive long- happen to the debt of the country banking centers get their money, but term shortfalls, especially in Medicare. shows that the debt will go up $683 bil- we owe them $108 billion. Then I look at the President’s plan. lion this year. That is not the deficit, The debt is skyrocketing at the The President says: Steady as she goes. it is the increase in the debt of the worst possible time, before the baby Spend the money, but on top of it add country. Very often I find people are boomers start to retire. Because this massive additional tax cuts, tax cuts confused between the deficit and the debt is skyrocketing, we owe more and that are represented by these red bars, debt. I think we should be focusing at more countries around the world. In tax cuts that explode at the very time this moment on the debt because that the last 4 years alone, foreign holdings the Social Security and Medicare trust captures the money that is being taken of our debt have increased more than funds go cash negative. There can only from Social Security and all the other 100 percent. Think about that. Other be one possible result, and that is mas- trust funds, money that has to be paid countries’ holding of debt has gone up sive red ink, massive deficits, massive back, but there is no plan to pay it more than 100 percent in 4 years. That debt—a completely unsustainable situ- back. is utterly unsustainable. It has taken ation. The debt is going to increase under us over 200 years to build up a debt It is not enough to curse the dark- the plan of the budget that is before us, around the world and we have doubled ness. We also have to talk about what before Katrina, $683 billion this year; it in the last 4. That is not a sustain- can be done here to begin to dig out. I $639 billion the next year; $606 billion able circumstance. believe on the revenue side of the equa- the third year; $610 billion the fourth Couple that with the trade deficit— tion, before we talk about any tax in- year; $605 billion the fifth year. the trade deficit running over $600 bil- crease for anybody, we ought to talk There has been some improvement in lion a year—it seems to me it is very about this tax gap. That is the dif- this year, more than $50 billion of im- clear that as a country we are living ference between what is owed and what provement from when this budget reso- beyond our means. is being paid. It is estimated now con- lution was drafted. But, again, that is There are real consequences to doing servatively at over $350 billion a year. before Katrina. That improvement this so. Here is the pattern of Social Secu- The vast majority of us pay what we year has been wiped out next year by rity beneficiaries. Of course, the same owe; companies do, individuals do. But the two legislative acts we have passed chart would apply to Medicare. We are increasingly there are people and com- so far to deal with Katrina, over $60 just below 40 million people now eligi- panies that do not. They now estimate billion in those two, with much more ble. By 2050, there are going to be 81 that amounts to $350 billion a year of to come. million. This is the demographic tsu- lost revenue. That is utterly unfair to So we are right back in this neigh- nami that is headed our way, and it is the rest of us who are paying what we borhood of increasing the debt by these going to swamp a lot of boats. Our owe, and we ought to insist that every- massive amounts. What is most alarm- country has to get ready. We have to body pay what they owe. If we could do ing is this increase in debt is occurring respond. that, we would close this yawning in the sweet spot of the budget cycle, The biggest long-term problem we chasm by some significant amount— before the baby boomers retire. When have is not with Social Security. So- nobody knows quite how much. On the the baby boomers retire, then we see cial Security’s 75-year shortfall is esti- revenue side of the equation, I believe the real challenge begin. To look vis- mated at $4 trillion. I personally do not that ought to be our first order of busi- ually at what is happening to the debt, believe that. I think that overstates ness. I prepared this chart because I think it the shortfall in Social Security. Why? On the spending side of the equation, communicates about as well as I can Because this is based on an assump- the first order of business ought to be how we are building a wall of debt. The tion. The shortfall in Social Security is to focus on Medicare and the 5 percent gross debt of the United States at the based on an assumption that the econ- of beneficiaries who use 50 percent of end of this year is estimated to be $7.9 omy is only going to grow 1.9 percent a the money. Five percent of the people trillion. One can see, with the course year every year for the next 75 years. use 50 percent of the money. They are

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20287 the chronically ill. What can we do those who have lost family members On the first step, this Congress has about it? What we can do is focus like and friends. We are saddened by the taken steps in rushing billions of dol- a laser on those who are the chron- other losses that have occurred as well. lars in emergency funding to the Gulf ically ill and better coordinate their But we should not compound the prob- Coast. That funding should help the care. lem by sticking with a fiscal plan that victims of Katrina begin their long A pilot problem was done with 22,000 puts this country deeper and deeper road to recovery. patients like that; assign nurse-practi- into the deficit and debt ditch. That On the second step, it is my hope tioners to every one of those cases to would add to the calamity. That would that Congress and the President of the better coordinate their care. The first compound the disaster. United States will move forward and thing they did was lay out the prescrip- We ought to take this opportunity to embrace a Gulf Coast recovery plan. As tion drugs the patients were taking, begin to plan how we dig out. It is im- the minority leader has stated over the and they found in many of the cases perative that we act sooner rather than last several days, we need to have a they were taking 16 prescription drugs, later. It is imperative that the Con- mini-Marshall Plan that runs the pro- and they found in many cases half of gress and the President begin a plan to gram which will invest billions and bil- them they should not be taking or put us back on a more sound fiscal lions of dollars in an effort to try to re- didn’t need to take. footing. It would truly be ironic if this cover the 90,000 square miles of land I did this with my own father-in-law. disaster were allowed to spread to an that were devastated by Hurricane I went into his home when he was ill. even deeper fiscal disaster, one that Katrina. Sure enough, he was taking 16 prescrip- could cause the harm of Katrina to I commend my colleagues from Lou- tion drugs. I got on the phone to the spread outside the Gulf region to every isiana, Mississippi, Alabama, and doctor and I went down the list. About part of our country. throughout the country. They have the third drug I listed, the doctor said I am very hopeful that the President been working on developing a plan. to me: He should not be taking that. will provide leadership and that Con- They are showing true leadership and He should not have been taking that gress will respond. If the President taking the primary role in getting as- for the last 3 years. I went further does not provide leadership, the Con- sistance to their States. I am working down the list. About two other drugs, gress should demonstrate leadership with them and sharing my ideas with the doctor said to me: He should never and take this bull by the horns and rec- them. be taking those two together. They ognize we need a new fiscal blueprint I believe a Gulf Coast recovery plan should, in fact, be created and an- work against each other. for this country. We need to start By the time we were done, we had nounced soon. That Gulf Coast recov- digging out of this deficit ditch and eliminated 8 of the 16 prescription ery should require a plan to be devel- prepare a brighter and better future for drugs he was taking. I said to the doc- oped for the reconstruction of the Gulf our country. tor: How does this happen? The doctor I yield the floor. Coast. It should identify the costs that said to me: You know, it happens all The PRESIDING OFFICER. The Sen- will be associated with the implemen- the time. He said: I am the family prac- ator from Colorado. tation of that plan, and it should over- tice doctor. He has a heart doctor, he Mr. SALAZAR. Mr. President, I ask see its successful implementation. Fi- has a lung doctor, he has an orthopedic unanimous consent to address the Sen- nally and very important, that plan doctor. He is getting prescription drugs ate as in morning business. should minimize the corruption and at the hospital clinic, the corner clinic, The PRESIDING OFFICER. Without waste that might occur where there are the clinic down at the beach, and he is objection, it is so ordered. billions upon billions of dollars that getting them mail order. He is sick and are being spent in this recovery effort KATRINA TAX BILL confused. His wife is sick and confused. where much of that money is being al- Mr. SALAZAR. Mr. President, at the The result is chaos. located through noncompetitive bids. outset, let me praise my colleague All too often, that is what is hap- Third, I strongly believe it is impor- pening. When we put nurse practi- from North Dakota for his wisdom and tant for us as a United States of Amer- tioners on the 22,000 chronically ill his leadership in addressing an issue ica to move forward to learn the les- cases that were studied, they reduced this Nation has forgotten for too long a sons from this devastation. The inde- hospitalization 40 percent, they re- time; that is, the notion of fiscal re- pendent commission that has been pro- duced costs 20 percent, and they got sponsibility and the fact that the posed by my colleagues in this body better health care outcomes because United States of America today finds should, in fact, be embraced by the they got people to stop taking drugs itself in a fiscal ditch. How we address President of the United States and this they should not be taking. They got the fiscal challenges of our future will Nation. When we look at what hap- them to stop having duplicate medical largely depend on his leadership and pened with respect to the devastation tests that didn’t have any value but to the leadership of our colleagues in the from Hurricane Katrina, it is clear to put them through more stressful proce- Senate to make sure the legacy we pass me, as a person who for much of the dures. We ought to take that study on on to our children is not a legacy of last decade of my life served as attor- 22,000 and we ought to ramp it up to a debt that will hang around their necks ney general of the great State of Colo- quarter of a million or something like for generations to come. I appreciate rado, that our Nation and our Govern- that and see if we could get those same the leadership of Senator CONRAD from ment failed to protect the lives of peo- results on a much bigger universe and North Dakota. ple, to protect people and their fami- see if we could continue to save money Last week I stood before the Senate lies, and to protect their property. and get better health care outcomes. and said that Congress needed to take It is elemental with any kind of Those are just two ideas, closing the a three-pronged approach to responding emergency preparedness effort that we tax gap and dealing with the tremen- to the devastation brought to this Na- must be ready for any emergency that dous explosion in costs in Medicare tion by Hurricane Katrina. That three- occurs. We must respond to an emer- where, again, 5 percent of the people pronged response, from my perspective, gency that occurs, and we must recover are using half of the entire budget. We required us to do as much as we could from that emergency. It is beyond dis- ought to focus like a laser on that half to save lives and make sure we were re- pute that this Nation failed with re- of the expenditure, and we ought to do sponsive to the victims of Hurricane spect to the effort to be ready to ad- it quickly. The sooner we act on these Katrina; second, we needed to move dress the issues of Hurricane Katrina, problems and challenges, the better off forward with a Gulf Coast recovery and once Hurricane Katrina made land- we are. The longer we stay with our plan to help that part of our Nation re- fall we failed again to provide the kind heads in the sand, the more Draconian cover; and finally, we needed to move of response that our National Govern- will have to be the solution. forward to address the lessons to be ment should have in fact responded. Katrina was a disaster of unparal- learned from this horrific devastation We need to have this investigation leled dimension. All of us weep for of a great part of our Nation. occur so that we can learn the truth

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20288 CONGRESSIONAL RECORD—SENATE September 14, 2005 and learn the lessons. We need to know and the recovery will exceed $200 bil- maritans cover the cost of feeding and why, when the Governor of Louisiana lion. keeping evacuees in their homes. That declared a disaster emergency on Fri- Yet spread among this despair and is $20 a day to help Good Samaritans day the 26th of August, it took up to 3 destruction we have seen many in- cover the cost of feeding and keeping days until President Bush declared the stances of the greatness of heroism ex- evacuees in their homes. Households area a disaster area. Why did it take 3 amples of Americans. The great State that take in an evacuee would be able days for that to occur? Why did it take of Colorado is no exception. Colorado’s to claim up to $900 in tax relief. House- 4 days for the Department of Homeland emergency workers are on the ground holds that take in more than one hurri- Security to declare Katrina an incident on the Gulf Coast participating in the cane victim would be eligible for up to of national significance—4 days for the rescue and cleanup efforts and assist- $2,000 in tax relief. And low-income Department of Homeland Security to ing evacuees. families who have no tax liability declare Katrina an incident of national Just this week, two firefighters from would be able to receive up to $500 in a significance—5 days before National Centennial, CO, helped rescue a family refundable tax credit to help take care Guard troops arrived in significant of four still stuck in their home in New of hurricane victims. This assistance numbers, and 6 days before FEMA took Orleans. Coloradans, like Americans wouldn’t cover all the costs of lending over the evacuation of New Orleans? throughout the Nation, have donated a helping hand, but it would recognize These are important questions we tons of supplies, millions of dollars, the sacrifice and generosity of folks need to ask. We need to have some an- and thousands of volunteer hours to who open their homes and hearts to swers to these questions. Katrina relief. Coloradans by them- Katrina survivors, and they should be The resignation of FEMA Director selves have already given more than $6 applauded by our Nation. Michael Brown is a step in the right di- million to the American Red Cross. The second thing my bill would do is rection. That is a spirit of generosity and a to raise the limit of charitable con- I also applaud President Bush for spirit of community that is funda- tributions for Katrina relief. Right taking personal responsibility for the mental to this Nation. now, the amount of tax deduction an Colorado has already accepted 1,000 Federal Government’s failure in this individual can get for charitable con- evacuees to the Denver area. To pre- arena. tributions is limited to 50 percent of pare for their arrival, volunteers Congress now needs to move forward the person’s adjusted gross income. My scrapped Labor Day plans and scram- with a full bipartisan investigation bill would lift the limit for 4 years to bled to clean and outfit the old Lowry into what went wrong. We did it when allow individuals who can give more to Air Force Base barracks. Since the the 9/11 Commission was created in this evacuees arrived, volunteers helped do so. Congress and in this Senate. The re- Americans are aching to help, and serve food, pass out donated clothes, sults of that Commission are now being this provision would allow them to do and drive evacuees around to complete implemented. just that, and even more. Senators chores. We hope the administration and the These examples give us great hope GRASSLEY, BAUCUS, chairman and majority leadership in the Senate will and resolve to begin the long process of ranking members of the Finance Com- change their minds and support legisla- rebuilding the millions of broken lives mittee, have developed a package of tion to create an independent Katrina and hearts on the Gulf Coast. tax incentives to help victims of Hurri- commission. The American people and their gen- cane Katrina. I applaud them for their Over the last week, we have seen the erosity and bravery are the strongest efforts. Their bill also touches on these terrible toll of the worst natural dis- tools we have to help our countrymen two issues of offering assistance to aster in our Nation’s history. The im- and women recover from Hurricane households who house victims and ex- ages of devastation and human loss Katrina. tend caps on charitable giving. I com- will haunt all of us, and the emerging To that end, I will today introduce a mend them for tackling the issue, and statistics of the scope of this disaster piece of legislation to nurture that I am glad to work with them to include are overwhelming and continue to American spirit of generosity and en- these provisions. date. One million people have been dis- able more Americans to contribute to My bill is slightly different in that it placed from their homes. the hurricane effort. offers good neighbors a more generous I sometimes think about the town The first thing the legislation I will tax credit as opposed to a tax deduc- that was nearest to the ranch where I introduce will do is help folks who have tion, and lowers the barriers to low-in- grew up. The place matters in perspec- generously taken in hurricane sur- come families to get help. tive. My town had 1,000 people and vivors into their homes, and to be able We have many challenges ahead, but probably about 400 residences within to do so in a manner that provides because we have witnessed the bravery, that town. them a tax benefit. generosity, and ingenuity of the Amer- We are talking about 1 million—one- According to the Department of ican people, I am confident that the fourth the population of the State of Homeland Security, 248,000-plus evac- gulf coast’s best days are still ahead. Colorado—displaced from their homes uees are staying at 774 shelters across I will introduce my bill later today. I because of Hurricane Katrina. More the country. This figure underscores urge my colleagues to support the bill than 500 people have been confirmed the fact that more than 700,000 evac- and take a small step to nurture and dead, and we yet are counting addi- uees are staying elsewhere. An esti- encourage the best part of the Amer- tional casualties and will not know the mated hundreds of thousands of hurri- ican spirit and American generosity. final number perhaps for weeks. cane victims are staying in private THE PLEDGE OF ALLEGIANCE With the more than 200 people who homes. In Colorado, at least 600 hurri- Mr. SALAZAR. Mr. President, I also died in Mississippi, the more than 200 cane victims are staying in private wanted to take a minute to address an people who died in Louisiana, or the homes. They are staying with family issue concerning a decision that was people who died in Alabama and Flor- and friends, and sometimes even with handed down by a Federal district ida—the fact is that their deaths strangers. judge concerning the Pledge of Alle- should not be deaths in vain; that we Right now, a person who writes a giance—a decision of the district court should learn from the hurt of this Na- check to the Red Cross can get a tax judge in San Francisco in which he de- tion, from their loss of life. deduction. But people who open up termined that it was unconstitutional Eighty percent of New Orleans is still their homes to victims, feed them and for the public schools to recite the underwater today, and much of the help them, do not get a similar tax de- Pledge of Allegiance in the classroom Gulf Coast is in tatters. The recovery duction. That generosity should not be because of the reference it makes to pricetag—who knows what that may penalized in any way. ‘‘one nation under God.’’ be. Many people are saying the ulti- My bill would offer a tax credit of a He declared that decision to be one mate pricetag for both the response simple $20 per day to help Good Sa- that was founded on his view that such

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20289 a requirement in our public schools consideration for this particular pany is covering his expenses for 2 was unconstitutional and in violation amendment. Believe me, there are so weeks. The last I looked, those 2 weeks of the first amendment. I disagree with many amendments to this bill I have are gone. It may be months before he the finding of the district court judge. voted for today and wish we could have can reopen. He can’t pay his workers. Last year, as attorney general for adopted. But the reason I feel particu- We could adopt this amendment Colorado, I joined many of my col- larly strongly about this amendment is today in the Senate and get it over to leagues, both Democrat and Repub- because small business is the heart and the House. In a few days, they could lican, in making an argument to the soul and strength of the economy in take up this amendment. U.S. Supreme Court and to the Ninth Louisiana, in the gulf coast region, This is not new legislation. Except Circuit Court of Appeals that, in fact, and, as a matter of fact, throughout for one provision that I understand is it was constitutional for us to allow the Nation. I do not think we realize new, everything else exists. It has our children to recite the Pledge of Al- that. We say it, but I do not think we worked before, and it could work again. legiance, and to use the term ‘‘under really believe it. So I thought I would We have to get these small businesses God’’ in that recitation in our schools. come to the floor and talk about how help: deferred payments on their SBA I believe the Ninth Circuit decision many businesses in Louisiana have disaster loans; help them refinance back in 2002 was wrong, and I believe been destroyed, totally destroyed, and their existing disaster loans and their the district court judge’s decision destroyed not because the people who business debt; increase the disaster loan cap from $1.5 million to $10 mil- today is also wrong. run them have lost their lives, but ei- lion, as we did for 9/11 victims. I know I will later today write a letter to At- ther their facilities are underwater, that some businesses could borrow torney General Gonzales asking him to their equipment has been ravaged by participate in behalf of the United $250,000 to get back in business and be the winds and the storm, or perhaps States in the appeal of the Federal dis- in good shape, but some small busi- their inventory has been completely trict court judge’s decision, again to nesses are going to need to borrow a wiped out. It has happened to 110,000 the Ninth Circuit, and hopefully up to million dollars to get back in shape. small businesses out of 300,000 busi- the U.S. Supreme Court so that we can Yet others are going to need to borrow nesses. So we are talking about a third get a final determination on this issue $10 million. We know large companies of the businesses that were here 3 concerning the Pledge of Allegiance are going to be borrowing hundreds of weeks ago and are gone or are not able and how it is recited in our public millions of dollars, maybe even bil- to operate anywhere near their 100 per- schools. lions, depending on how large the com- In my own reading of the Constitu- cent or 50 percent or even 25 percent panies are. tion, and joined by most of my col- capacity. Small businesses that have trouble leagues on both the Democratic and Now, I know this because I am get- accessing capital because of their small the Republican sides of the aisle during ting calls from hundreds of small busi- size need the Federal Government to the time that I was attorney general, it ness owners that go something like stand up for them and support them. was our conclusion that, in fact, the this: Senator LANDRIEU, we are trying The supplemental 7(a) program is one Pledge of Allegiance could be recited to answer the phones when they ring. with which we are familiar. We have and that the reference ‘‘one nation When the communication systems supported it. There are State bridge under God’’ was, in fact, in keeping work, we are answering the phone. We loans. This amendment, which is part with the constitutional requirements want to come back and build up our of this package, would authorize $400 of the first amendment. business. But doesn’t anybody in Wash- million to the affected State govern- I thank the Chair. I yield the floor. I ington understand, you can’t build a ments of Louisiana, Mississippi, and suggest the absence of a quorum. region until you build small business Alabama to provide emergency bridge The PRESIDING OFFICER. The back? loans or grants to small businesses in clerk will call the roll. It is the first thing we have to help the disaster area that have been ad- The legislative clerk proceeded to build back. Why? Because these small versely affected. In other words, a lot call the roll. businesses employ most of the people of these businesses have insurance poli- Ms. LANDRIEU. Mr. President, I ask we are trying to help. Without a pay- cies, but those insurance policies won’t unanimous consent that the order for check, it does not do a lot of good to kick in for some time. Many of these the quorum call be rescinded. give people anything else because they small businesses don’t have a lot of The PRESIDING OFFICER (Mr. MAR- need a paycheck to basically live and cash, 6 months or a year, to continue TINEZ). Without objection, it is so or- put capital back into the community. their operations—this is a very impor- dered. So I am making a special request of tant component of what we are trying AMENDMENT NO. 1695 my colleagues, particularly the Sen- to do—whether they are a shoe store, a Ms. LANDRIEU. Mr. President, I un- ator from Maine, Ms. SNOWE, who has candy store, a restaurant, a manufac- derstand we are currently considering been such a great advocate for small turer, a telecom company, or a high- the Kerry-Landrieu amendment to the business, for Senator KERRY from Mas- tech company in Louisiana trying to CJS appropriations bill. We have been sachusetts, who has been a wonderful operate. Small business counseling—we considering amendments to this impor- and very effective advocate for small could all use a little counseling—our tant bill all day in light of the devasta- business. I am pleading with my col- small businesses can most certainly tion and tremendous challenge that is leagues on this amendment particu- use it to help them get through this before the Nation right now to help re- larly. If we can accept this version, difficult time. build our gulf coast area and particu- great. If there is another version that I know others have spoken about the larly the southeastern part of the could help, please, let’s do something amendment. I know there is a big deci- State I have the great privilege and today to send a signal to small busi- sion. Some say: We don’t want to do it honor of representing. nesses. now. We want to do it not in a piece- I understand there are various dif- Gautreau’s is a very well known and meal fashion. We have to wait until the ferent opinions from the Republican beautiful little restaurant that has whole package is together. side and the Democratic side about been around for many years in New Or- I am saying, as a Senator from Lou- what to do and how much to do and leans. It is a small cafe. Patrick isiana, we can’t rebuild without our when to do it regarding either commu- Singley is the owner. He has had 20 em- small businesses rebuilding first. We nications or housing or health care or ployees. This is just one of hundreds of have to help people with food, water, education. I understand a lot of those stories I could tell. His 20 employees and shelter. We have to lift them out of details are being worked out as we de- keep calling him asking when they can the floodwaters. We are still burying bate on the floor. come back to work. He has lost the our dead respectfully. We are saving In a spirit, though, of bipartisanship, roof of his restaurant. His restaurant is lives. But the first cornerstone of re- I do come to the floor to urge special completely flooded. His insurance com- building must be helping our small

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20290 CONGRESSIONAL RECORD—SENATE September 14, 2005 businesses get back on their feet. They support for the small businesses in my AMENDMENT NO. 1708 employ most of the people. They have State, for all businesses, but particu- (Purpose: To provide the sense of Congress been the hardest hit. They are the ones larly for the small businesses that em- on the 11th International Coral Reef Sym- that have the least ability to maneuver ploy about 85 percent of the people who posium) in a situation such as this. are desperate for employment and des- On page 170, between lines 9 and 10, insert I am pleading with the Senate, please perate for a place to show up to go to the following: take a hard look at this amendment. work. SEC. 304. It is the sense of Congress that Don’t just say: We will do it in a month I thank the Chair. I suggest the ab- the U.S. Coral Reef Task Force should join with its Federal and State partners to pro- or two. Forty percent of businesses sence of quorum. vide an appropriate level of financial and that go through a disaster never start The PRESIDING OFFICER. The technical support to make the 11th Inter- up again. According to national statis- clerk will call the roll. national Coral Reef Symposium a successful tics, 43 percent of small businesses The legislative clerk proceeded to event. never reopen. An additional 30 percent call the roll. AMENDMENT NO. 1709 Mr. SHELBY. Mr. President, I ask close down permanently within 2 years. (Purpose: To establish an Unsolved Crimes It is not fair to small businesses that unanimous consent that the order for Section in the Civil Rights Division of the have staked their anchor in Louisiana the quorum call be rescinded. Department of Justice) for generations. Fathers who have The PRESIDING OFFICER (Mr. EN- At the end of title VI, insert the following: passed these businesses to their sons, SIGN). Without objection, it is so or- SEC. 6ll.(a) It is the sense of Congress mothers to their daughters, grand- dered. that all authorities with jurisdiction, includ- parents to their grandchildren, need AMENDMENTS NOS. 1654, 1694, AS MODIFIED, 1701, ing the Federal Bureau of Investigation and help now. 1708, 1709, 1710, 1711, 1712, EN BLOC other entities within the Department of Jus- That is why I appreciate Senator Mr. SHELBY. Mr. President, I ask tice, should— (1) expeditiously investigate unsolved civil KERRY and Senator SNOWE for this unanimous consent that the managers’ amendments, which I now send to the rights murders, due to the amount of time amendment. Senator KERRY has offered that has passed since the murders and the it, and many people are thinking about desk, be considered and agreed to en age of potential witnesses; and whether to vote for it. bloc. These noncontroversial amend- (2) provide all the resources necessary to I just had a visit from one of our fine ments have been cleared on both sides ensure timely and thorough investigations in business owners who is currently serv- of the aisle. the cases involved. ing, thank the Lord, as chairman of the The PRESIDING OFFICER. Is there (b) In this section: board of directors of the U.S. National objection? (1) The term ‘‘Chief’’ means the Chief of the Section. Chamber of Commerce, Maura Donahue Ms. MIKULSKI. Mr. President, we, too, concur with the managers’ pack- (2) The term ‘‘criminal civil rights stat- from St. Tammany Parish. She just utes’’ means— left my office. She and her husband op- age. We think the amendments are very good. We look forward to moving (A) section 241 of title 18, United States erate a small business. I said: Maura, Code (relating to conspiracy against rights); God has put you in this special place the bill. We are ready to vote. (B) section 242 of title 18, United States The PRESIDING OFFICER. Without for a reason, because you know person- Code (relating to deprivation of rights under objection, it is so ordered. ally, as the businesses that have suf- color of law); The amendment (No. 1654) was agreed fered in Louisiana, what we need. Her (C) section 245 of title 18, United States to. Code (relating to federally protected activi- leadership is going to be tremendous. I The amendments were agreed to en ties); want to acknowledge her. Through all bloc, as follows: (D) sections 1581 and 1584 of title 18, United the difficulties she has been, through AMENDMENT NO. 1694, AS MODIFIED States Code (relating to involuntary ser- her own business and her own family, vitude and peonage); (Purpose: To waive the match requirement (E) section 901 of the Fair Housing Act (42 she is there to help businesses in Lou- under the Bulletproof Vest Partnership U.S.C. 3631); and isiana. She can speak from firsthand grant program for purposes of replacing de- (F) any other Federal law that— experience what this storm has done to fective vests) (i) was in effect on or before December 31, her own business and to the employees. On page 142, after line 3, insert the fol- Let me define small business. I don’t 1969; and lowing: (ii) the Criminal Section of the Civil SEC. . The Attorney General may waive know exactly how many people her Rights Division of the Department of Justice the matching requirement for the purchase business employs, but I am talking enforced, prior to the date of enactment of of bulletproof vests of the Bulletproof Vest about businesses that have less than 20 this Act. Partnership Grant Act of 1998 for any law en- employees. That is little, not tiny—1 or (3) The term ‘‘Section’’ (except when used forcement agency that purchased defective as part of the term ‘‘Criminal Section’’) 2 could be small—but 20. That is where Zylon-based body armor with Federal funds means the Unsolved Crimes Section estab- the bulk of our employment is. If we pursuant to such Act between October 1, lished under subsection (c). allow them to collapse because we 1998, and September 30, 2005, and seeks to re- (c)(1) There is established in the Civil can’t get it together, we can’t agree, or place that Zylon-based body armor, provided Rights Division of the Department of Justice that the law enforcement agency can present we have to wait for 2 months, most of an Unsolved Crimes Section. The Section documentation to prove the purchase of these businesses will not be around by shall be headed by a Chief of the Section. Zylon-based body armor with funds awarded the time the package gets through (2)(A) Notwithstanding any other provision to it under such Act. Washington bureaucracy. I am here to of Federal law, the Chief shall be responsible plead on behalf of small business, AMENDMENT NO. 1701 for investigating and prosecuting violations please give them a chance to stand up. (Purpose: To increase funding for the of criminal civil rights statutes, in each case Their electricity is getting back on. Technology Opportunity Program) in which a complaint alleges that such a vio- They need their roofs fixed, inventories On page 155, between lines 10 and 11, insert lation— the following: (i) occurred not later than December 31, restored, cell phone service turned on, SEC. 206. TECHNOLOGY AND OPPORTUNITIES 1969; and BlackBerries need to work. Then they PROGRAM. (ii) resulted in a death. can start putting people back to work. (a) Of the total amount appropriated in (B) After investigating a complaint under If not, the bill that is going to come to this Act for the Technology and Opportuni- subparagraph (A), if the Chief determines this Congress for us to give unemploy- ties Program, that amount shall be increased that an alleged practice that is a violation of ment to people, for us to pick up their by $5,000,000, which shall be made available a criminal civil rights statute occurred in a medical, for us to pick up their liveli- for the grants authorized under title I of the State, or political subdivision of a State, that has a State or local law prohibiting the hoods is going to be even more. ENHANCE 911 Act of 2004 (Public Law 108- 494; 118 Stat. 3986). practice alleged and establishing or author- Let’s get our small businesses started (b) Amounts appropriated under this Act izing a State or local official to grant or seek first. That is why I support this amend- for the Departmental Management of the De- relief from such practice or to institute ment. I don’t know when we will vote partment of Commerce are reduced by criminal proceedings with respect to the on it. I offer my strong statement of $5,000,000. practice on receiving notice of the practice,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20291 the Chief shall consult with the State or AMENDMENT NO. 1694, AS MODIFIED Concerns from the law enforcement local official regarding the appropriate Mr. LEAHY. Mr. President, I am community over the effectiveness of venue for the case involved. pleased that the Senate has agreed by body armor surfaced nearly 2 years ago (C) After investigating a complaint under unanimous consent to include in the when a Pennsylvania police officer was subparagraph (A), the Chief shall refer the Commerce-Justice-Science appropria- complaint to the Criminal Section of the shot and critically wounded through Civil Rights Division, if the Chief determines tions Act, H.R. 2862, an amendment his relatively new Zylon-based body that the subject of the complaint has vio- proposed by myself, Senator SHELBY armor vest. Responding to requests lated a criminal civil rights statute in the and Senator SPECTER to waive the that Senator Campbell and I made, as case involved but the violation does not match required under the Bulletproof well as from law enforcement officials, meet the requirements of clause (i) or (ii) of Vest Partnership Grant Act of 1998 for Attorney General Ashcroft launched subparagraph (A). law enforcement agencies that received the Body Armor Safety Initiative. The (3)(A) The Chief shall annually conduct a funds under that act, used them to pur- National Institute of Justice, NIJ, was study of the cases under the jurisdiction of chase Zylon-based body armor, which the Chief and, in conducting the study, shall directed to initiate an examination of determine the cases— has recently been shown by the Depart- Zylon-based bullet-resistant armor— (i) for which the Chief has sufficient evi- ment of Justice to be defective, and both new and used—to analyze upgrade dence to prosecute violations of criminal now want to replace those faulty vests kits provided by manufacturers to ret- civil rights statutes; and with funds awarded by that act. This rofit Zylon-based bullet-resistant ar- (ii) for which the Chief has insufficient evi- waiver would be granted only if those mors, and to review the existing pro- dence to prosecute those violations. agencies can present documentation to gram by which bullet-resistant armor (B) Not later than September 30 of 2006 and prove that they purchased Zylon-based of each subsequent year, the Chief shall pre- is tested to determine if the process pare and submit to Congress a report con- body armor with funds awarded to needs modification. taining the results of the study conducted them under the Bulletproof Vest Part- On August 24, 2005, the Justice De- under subparagraph (A), including a descrip- nership Grant Act. I thank my friends partment announced that test results tion of the cases described in subparagraph Senator SHELBY, the chairman of the indicate that used Zylon containing (A)(ii). CJS Appropriations Subcommittee, body armor vests may not provide the (4)(A) There is authorized to be appro- and Senator SPECTER, the chairman of intended level of ballistic resistance. priated to carry out this subsection $5,000,000 the Judiciary Committee, for cospon- Unfortunately, an estimated 200,000 for fiscal year 2006 and each subsequent fis- soring this amendment and for their Zylon-based vests have been purchased, cal year. (B) Any funds appropriated under this leadership on this issue. many with Bulletproof Vest Partner- paragraph shall consist of additional appro- I was proud to partner with our ship Program funds, and now need to priations for the activities described in this former colleague Senator Campbell to be replaced. The Justice Department subsection, rather than funds made available author and shepherd into law the Bul- has adopted new interim requirements through reductions in the appropriations au- letproof Vest Partnership Grant Act of for its body armor compliance testing thorized for other enforcement activities of 1998, which was reauthorized by the program. It has also added an addi- the Department of Justice. Bulletproof Vest Partnership Act of tional $10 million to the $23.6 million AMENDMENT NO. 1710 2000 and most recently as part of the already available for the current fiscal (Purpose: To provide additional funding for State Justice Institute Reauthoriza- year to law enforcement through the the Methamphetamine Hot Spots program) tion Act of 2004, to create the Bullet- Bulletproof Vest Partnership program On page 135, line 25, strike ‘‘$515,087,000’’ proof Vest Partnership grant program to assist agencies in their replacement and insert ‘‘$534,987,000, of which $19,900,000 as a means of helping law enforcement of Zylon-based body armor vests. shall be offset by reducing appropriations in agencies purchase body armor for their Before concerns on Zylon-based vest this title for Department of Justice supplies rank-and-file officers. We wrote that safety arose, DOJ and NIJ had set vol- and materials by a total of $19,900,000,’’. act, in part, in response to a situation untary compliance testing protocols to On page 136, between lines 13 and 14, in the that became apparent in the tragic assess whether models of ballistic-re- item relating to Methamphetamine Hot Spots, strike ‘‘$60,100,000’’ and insert Carl Drega shootout in 1997 on the sistant body armor comply with a cer- ‘‘$80,000,000’’. Vermont-New Hampshire border, in tain minimum standard of protection AMENDMENT NO. 1711 which two State troopers who did not and resistance. All models of ballistic- (Purpose: To provide additional funding for have bulletproof vests were killed. The resistant body armor that complied Violence Against Women Act programs to Federal officers who responded to the with those standards were eligible for assist victims of sexual abuse and domestic scenes of the shooting spree were funding under the Bulletproof Vest violence) equipped with life-saving body armor, Partnership Grant Act. As it turns out, On page 111, line 5, strike ‘‘$125,936,000’’ and but the State and local law enforce- those standards were not rigorous insert ‘‘$116,936,000’’. ment officers lacked protective vests enough and the certification process On page 130, line 23, strike ‘‘$362,997,000’’ because of the cost. was not onerous enough, thereby sub- and insert ‘‘$371,997,000’’. Bulletproof vests remain one of the jecting our Nation’s law enforcement On page 132, strike line 14 and insert the foremost defenses for our uniformed of- officers to severe safety risks. following: ficers. Since their introduction more Across our Nation, law enforcement 386; (9) $2,000,000 for the Rape Abuse and Incest than 30 years ago, body armor has agencies are struggling over how to National Network (RAINN); saved more than 2,700 lives. From 1999 find the funds necessary to replace de- (10) $1,000,000 for nonprofit, nongovern- through 2005, over 11,500 jurisdictions fective vests that are less than 5 years mental statewide coalitions serving sexual have participated in the Bulletproof old with ones that will actually stop assault victims; and Vest Partnership Program, with $118 bullets and save lives. Vests cost be- (11) $6,000,000 to be allocated, in consulta- million in Federal funds committed to tween $500 and $1,000 each, depending tion with the Department of Health and support the purchase of an estimated on the style. The extra $10 million re- Human Services, to nonprofit, nongovern- 450,000 vests. The Bulletproof Vest leased by the Justice Department is mental statewide domestic violence coali- tions serving domestic violence programs. Partnership Program funds up to 50 only a drop in the bucket and these of- percent of the cost of each vest pur- ficers are being forced to dip into their AMENDMENT NO. 1712 chased or replaced by law enforcement own pockets to pay for new vests un- (Purpose: To provide additional funds to the agency applicants. Under law, the pro- less the Federal Government offers National Hurricane Center) gram is required to fully fund the 50 more help. The amendment by Senator On page 129, line 7, before the ‘‘:’’ insert the percent of requested vest needs for ju- SHELBY, Senator SPECTER and me that following: ‘‘, and of which $5,000,000 should be for site risdictions under 100,000 in population. has been included in the CJS Appro- planning and development of a Federal Cor- Remaining funds are distributed to ju- priations Act will help ease the burden rectional Institution in the Mid-Atlantic re- risdictions of over 100,000 in popu- faced by officers and their families and gion’’. lation. further our mission to provide every

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20292 CONGRESSIONAL RECORD—SENATE September 14, 2005 police officer who needs a safe vest need to do is come up with the new For example, in the 1990s, NIH was with the means to purchase one. ideas, come up with the new products conducting research on the human ge- Mr. SHELBY. I suggest the absence that create the new jobs right here in nome and DNA. It was a breakthrough of a quorum. the United States of America. effort, and at the same time NIH The PRESIDING OFFICER. The The amendment of the Senator from worked simultaneously with ATP and clerk will call the roll. Oklahoma is well intentioned. He industry. Why? We needed practical The assistant legislative clerk pro- wants to eliminate a Government pro- tools to use the discoveries that benefit ceeded to call the roll. gram and provide it to local law en- the Nation so we just would not have Ms. MIKULSKI. Mr. President, I ask forcement and to weather. We under- this research in the lab. Guess what unanimous consent that the order for stand what his priorities are. In the came out of it. ATP’s investment came the quorum call be rescinded. bill, working on a bipartisan basis, we out with new ideas for DNA technology The PRESIDING OFFICER. Without feel we have done that. to detect disease, to get lifesaving objection, it is so ordered. I know, in the reading of the bill, one drugs to the market, to catch crimi- Ms. MIKULSKI. Mr. President, I can see we provide over $1 billion to nals. know for those who are watching on C– State and local law enforcement. We State crime labs are using that tech- SPAN, they wonder what are we doing provide half-a-million dollars to the nology. They are using DNA to go back as we go through names such as AKAKA COPS program that helps local law en- to old death penalty cases to make and BAUCUS in a quorum call. Actually, forcement be able to add more COPS on sure that we have the right person who what we have been doing is working the beat. We add more money, $775 mil- committed a particular crime. DNA is very quietly with other Senators to lion, to the Weather Service operation, saving lives, and it is also restoring see, where they have offered amend- which has proved so wonderful and ef- justice in this country. It is a phe- ments, if we could negotiate com- fective in predicting hurricanes and, nomenal breakthrough. We helped take promises and just take them. We have actually, tornados and other things. it from the lab, worked with the pri- been working very collegially with my I support the goal of the Coburn vate sector, and came up with these wonderful colleague from Alabama, amendment to increase funding for new ideas. Senator SHELBY. these critical programs, but we cannot Is ATP important and effective? As you can see, we just cleared eight support the cutting of the Advanced Sure. It has benefited the Nation for amendments on which we could come Technology Program. two reasons. One, we partnered the to bipartisan support. So there is a lot On March 17 of 2005, 53 Senators Government with industry and the pri- of work going on right in back of these voted to support the ATP program in vate sector to develop those new tech- doors and also with other Senators in an amendment to the budget resolu- nologies. For example, ATP was a part- their offices. tion. So I am going to urge my col- ner in the development of something I AMENDMENT NO. 1648 leagues to defeat the Coburn amend- am tremendously interested in, and I Ms. MIKULSKI. Mr. President, pret- ment. know the Presiding Officer is. It helped ty soon we are going to be debating the I have come not to defend another come up with a new generation of dig- Coburn amendment. We could not Government program. I am not here to ital mammography and radiology. It reach an agreement on it, even though defend another agency. I am here to provided far more accurate detection there was a good-faith effort. protect the interests of the United at far lower cost, and it is projected to This Coburn amendment could bring States of America in innovation, dis- save over $200 million in health care great damage to the efforts for innova- covery, and partnerships with the pri- costs. Helping develop that one idea is tion and discovery in this country. vate sector that actually come up with saving lives, helping families and, at What the Senator from Oklahoma those new ideas. Many of those ideas the same time, what it saves in the wishes to do is eliminate a program save lives, and they create the jobs burgeoning health care costs would pay called the Advanced Technology Pro- that save livelihoods. for ATP itself. gram that is currently at the National My colleague from Oklahoma had ATP has contributed to the develop- Institute of Standards. some great charts, and it implied that ment of more than 240 new tech- This is a Government agency under ATP was corporate welfare. This is not nologies that have been commer- the Department of Commerce, and its corporate welfare. This is a creative cialized. It improves our economy. Just job is, No. 1, to establish standards of approach that offers partnerships be- 41 of their 700 projects to date have products that are coming to the mar- tween the Federal Government and the given us economic benefit. ketplace so that they would be uni- brain power of the private sector. The other thing that my colleague form—for example, that every firehose Through these partnerships, ATP ac- from Oklahoma suggests is, again, we would have the same gauge so the guys celerates the development of innova- are funding big corporations. Why are coming down from New York, working tive technologies that promise signifi- we doing that? I will not give their with the people from Alabama, could cant commercial payoffs and wide- names but this blue chip and this S&P bring their equipment and it could be spread benefits for the Nation, but they 500 and so on. Well, what colleagues joined together. That is what a stand- are so early in the development it is need to know is that 75 percent of all ard is. very difficult for them to attract pri- ATP recipients are small businesses. Madame Curie discovered radium, vate investment, even venture capital. Are large companies involved in and it was there they established the How does this agency work? ATP ATP? Yes. How? Because they have Curie standard on how to measure ra- funds development in technology that joint ventures offered with smaller dioactivity. But it does more than is too new or too risky for private sec- companies in their chain of develop- that. The Advanced Technology Pro- tor investment in the so-called ‘‘valley ment. In these arrangements, almost gram actually promotes innovation of death’’ between research and com- all ATP funding goes to the smaller and technology transfer. mercialization. There is lots of money company, but the larger companies The amendment of the Senator from around for research and there is money handle all administrative costs so that Oklahoma would eliminate the fund- around for commercialization but not the small companies can focus more on ing, and commitments that have al- for that bridge between those. ATP product development. By the way, ready been made to those people pri- fills this gap. It does not displace pri- large companies do not get a free ride. marily in the private sector would be vate capital because these projects Large companies must match the ATP eliminated. It would hurt critical re- cannot get private capital. ATP appli- by 60 percent. So this is a partnership search and development. This is very cants are required to look first for pri- to leverage these private sector efforts. important to our competitiveness. We vate capital, venture, wherever they For example, large automakers keep talking about offshoring. We can find it. ATP is the funder of last partnered with the auto parts supply don’t want to offshore jobs. What we resort. people to improve the manufacturing

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20293 of American automobiles. It has im- the ATP and oppose this amendment The administration’s own analysis proved our aerospace industry, making that would gut the ATP. documents that the ATP program has manufacturing more competitive. Mr. BINGAMAN. Mr. President, generated $17 billion in economic bene- Finally, ATP does not subsidize com- America’s future, indeed the world’s fu- fits from just 41 of the 736 projects it panies to do product development. ture, will be more powerfully influ- has completed, a truly staggering rate Companies have to have their own sci- enced by science and technology than of return on taxpayers’ investments. In entific plan. They have to have a busi- ever before. Where once nations meas- a comprehensive review of ATP in 1991, ness plan on how the technology will ured their strength by the size of their the National Academy of Sciences’ Na- go to market. Our ATP only funds the armies and arsenals, in the world of the tional Research Council found that it development of the new technologies. future, knowledge and innovation will was a highly rated public-private part- Companies must then take it to the matter most. nership program that spurred the de- marketplace. The Advanced Technology Program, velopment of new technologies and We understand that our new col- ATP, at the National Institutes of concluded that ‘‘the ATP it could use league wants to use the Federal tax- Standards is a modest Government pro- more funding effectively and effi- payer dollar wisely, and he wants to gram, $140 million for fiscal year 2006, ciently.’’ protect communities by using the that helps spur the development of It is no wonder that nations from money to go to law enforcement and technologies that create the industries around the world are intensely inter- weather. We want to help that, too, and and the high-wage jobs of the future. ested in learning more about how our we have put the money in the budget What sets this program apart from ATP process works in order to fine for that. What we want to do, when we our other publicly supported R&D pro- tune their own national efforts in inno- are talking about protecting the Amer- grams is that it focuses on the tech- vation. In an effort to boost their eco- ican people, is protect them through nology needs of American industry, not nomic growth, Taiwan, Australia, innovation, discovery, and the new those of the Federal Government. Its France, Germany, Japan, the Nether- ideas for the new products that lead to pre-competitive research nonetheless lands, Switzerland, and the United the new jobs that keep this country addresses many of America’s most Kingdom are all developing programs ahead and an economic superpower. pressing widespread challenges includ- based on major features similar to our I hope that when our colleague comes ing improving homeland security, Advanced Technology Program. and discusses this and we have a vote, strengthening our manufacturing proc- So why, a reasonable person might my colleagues—certainly those on my esses, and lowering our dependence on ask, are we trying to kill what other side of the aisle—will take my word for foreign sources of energy. nations are trying to copy? it that we have supported law enforce- Awards are made strictly on the That is one of the key questions the ment, we have supported the Weather basis of rigorous peer-reviewed com- Senate must address when considering Service, and this Advanced Technology petitions. Additionally, it has very the proposed amendments to the Com- Program is crucial to the future of our strict cost-sharing rules, and it does merce-Justice-Science appropriations country. not fund product development. measure that would cripple the Ad- I yield the floor. The Advanced Technology Program vanced Technology Program. Mr. LEVIN, Mr. President, the Ad- fills a unique role in U.S. innovation Other countries are coming up fast vanced Technology Program, ATP, pro- policy. ATP bridges the gap, the so- behind us on the technology track and motes the development of new, innova- called ‘‘valley of death’’ between inno- are pouring resources into their sci- tive products that are made and devel- vative ideas arising from basic re- entific and technological infrastruc- oped in the United States, helping search in the laboratory, and the ac- ture. If current trends continue, there American companies compete against cess to market capital to commer- is a very good chance that U.S. com- their foreign competitors and con- cialize them. petitiveness in key high-tech areas tribute to the growth of the U.S. econ- Federal funding for R&D is currently may fall behind. omy. in decline, hovering at about half of its When we talk about competitiveness, We have lost nearly 2.8 million manu- mid-1960s peak of 2 percent of GDP. Ex- what we mean is our capacity to in- facturing jobs since January 2001. In cluding spending on defense, homeland crease the real income of all Americans the face of these losses and strong glob- security, and space, Federal invest- by producing high-value products and al economic competition, we should be ment in fundamental research is ex- services that meet the test of world doing all we can to promote programs pected to decline in real terms over the markets. The fact that we need to be that help create jobs and strengthen next 5 years. competitive in the global market is not the technological innovation of Amer- Although industry funds nearly 65 some mere abstraction, nor is it some ican companies. percent of U.S. research and develop- future worry that we have time to ig- The ATP is a very modest program ment, growth in industrial R&D is nore today. which, according to the Department of slowing. Moreover, industry con- High-tech R&D today is so enmeshed Commerce, has had a result eight times centrates most of its R&D on near- in our economy that it is part and par- more in technologies developed than term product and process improve- cel of the jobs and growth issue. The the amount of money we have put into ments. Truly radical innovation is relationship between innovation and the program. This is an eight-time re- often left to new firms, which often economic growth has only increased in turn on investment in advanced tech- have difficulty attracting capital. Ven- recent years as the world shifts to an nologies which is achieved when the ture capital firms steer away from increasingly knowledge-based econ- Department of Commerce partners high-risk technology development be- omy. The way we should think about it with industry through the ATP. cause profits are too uncertain or too is that knowledge drives innovation, During consideration of the Senate distant. In fact, less that 1.5 percent of innovation drives productivity, and budget resolution in March, the Senate venture capital funding is available for productivity drives our economic adopted a Levin-DeWine amendment to proof-of-concept, or seed funding, and growth. restore funding for the Advanced Tech- early product development. ATP has helped drive economic nology Program, putting the Senate on However, through partnerships with growth in my State of New Mexico by record in support of this program. the private sector, ATP’s early stage partnering with companies of all sizes Leaders on the Commerce, Justice, and investment accelerates the develop- and non-profits encouraging them to Science Subcommittee also support ment of innovative, high-risk, high- take on greater technical challenges. this important innovative program and pay-off, longer-term efforts to develop An ATP project funded in 1991 have funded it at $140 million in their technologies that promise significant teamed six top printed wiring board bill for fiscal year 2006. I urge my col- commercial profits and widespread suppliers and users and Sandia Na- leagues to continue their support for benefits for the Nation. tional Laboratories in Albuquerque to

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20294 CONGRESSIONAL RECORD—SENATE September 14, 2005 address technical deficiencies that had Nothing could be further from the The PRESIDING OFFICER. Is there a developed due to cutbacks in corporate truth. Whether it is semiconductors in sufficient second? research budgets. The U.S. industry China and Taiwan or nanotechnology There appears to be a sufficient sec- which had been losing market share at in Europe, our global competitors are ond. the time, dropping from 42 percent to investing heavily in programs to beat The question is on agreeing to the 26 percent, was able to turn around this us to the marketplace. Surely we can motion. decline because of research co-funded afford the $140 million investment in- The clerk will call the roll. by ATP. Over 200,000 jobs were rescued. cluded in this bill to stay competitive. The legislative clerk called the roll. ATP projects in New Mexico have The Advanced Technology Program Mr. MCCONNELL. The following Sen- also included joint efforts with Cabot projects have succeeded in a wide range ators were necessarily absent: the Sen- Superior MicroPowders in Albuquerque of fields. They are already delivering ator from Alaska (Mrs. MURKOWSKI) to reduce the amount of precious met- cheaper, better bone marrow trans- and the Senator from Louisiana (Mr. als used in the manufacturing process plants, mammograms, and cartilage re- VITTER). to reducing the costs of fuel cells. Star pair. They are enabling companies to Mr. DURBIN. I announce that the Cryoelectronics in Santa Fe linked up make biodegradable plastic from corn, senator from New Jersey (Mr. CORZINE) with ATP on technology to enable improving manufacturing, and is necessarily absent. rapid identification of particulate con- powering longer lasting lightweight The PRESIDING OFFICER (Mr. taminants and defects during semicon- fuel cells. CHAFEE). Are there any other Senators ductor fabrication. ATP along with Moreover, this program has helped in the Chamber desiring to vote? MesoFuel in Albuquerque is developing small businesses. More than 75 percent The result was announced—yeas 68, a technology to generate pure hydro- of all ATP projects include a small nays 29, as follows: gen reliably and safely. business. Sixty-six percent of ATP [Rollcall Vote No. 230 Leg.] The need for the Advanced Tech- projects are led by or involve only a YEAS—68 nology Program has never been more small business. Of the single-applicant Akaka Dodd Lugar apparent. We have absolutely no choice awards, 78 percent have gone to small but to emphasize what we do best in Alexander Dole Mikulski businesses and 11 percent have gone to Allard Domenici Murray this fierce global competition. medium-sized businesses and non- Allen Durbin Nelson (FL) Our most important strength has al- Baucus Enzi profits. By contrast, only 11 percent of Nelson (NE) ways been innovation. Our can-do spir- Bayh Feinstein Obama solo awards have gone to large busi- it of commercializing technological in- Bennett Frist Pryor nesses. Biden Gregg Reed novation has always been America’s Bingaman Hagel In a more extensive and comprehen- Reid Bond Hatch core competence. And today that abil- Roberts sive review, the National Academy of Boxer Hutchison ity is further honed by the Advanced Rockefeller Sciences found ATP to be an effective Bunning Inouye Technology Program that enables us to Salazar Federal partnership that they said Burns Jeffords innovate better and faster than anyone Byrd Johnson Sarbanes ‘‘could use more funding effectively Schumer else. Cantwell Kennedy and efficiently.’’ Carper Kerry Sessions Rather than cutting back on our in- Shelby vestments in the future, we must con- Measurement and evaluation have Chafee Kohl been part of the ATP program since its Clinton Landrieu Smith tinue to invest in proven programs like Cochran Lautenberg Specter ATP to develop the technologies to cre- inception. The most recent ATP annual Cornyn Leahy Stabenow ate the new industries that will provide report showed the program has gen- Crapo Levin Voinovich erated $17 billion in economic benefits Dayton Lieberman Warner solid economic growth in the years to DeWine Lincoln Wyden come. from 41 of its 736 completed projects. The PRESIDING OFFICER. The Sen- In short, this program works. After NAYS—29 ator from Alabama. all, the Council on Competitiveness’s Brownback Ensign McCain Mr. SHELBY. I call for the regular National Innovation Initiative report Burr Feingold McConnell noted that ‘‘innovation will be the sin- Chambliss Graham Santorum order with respect to the Coburn Coburn Grassley Snowe amendment No. 1648. gle most important factor in deter- Coleman Harkin Stevens The PRESIDING OFFICER. The mining America’s success through the Collins Inhofe Sununu amendment is now pending. 21st Century.’’ Conrad Isakson Talent Craig Kyl Thomas Mr. SHELBY. Mr. President, I oppose If we adopt the amendment offered DeMint Lott Thune this amendment. This amendment by my friend from Oklahoma, Senator Dorgan Martinez would terminate funding for the Ad- COBURN, we would cut off a program NOT VOTING—3 vanced Technology Program, what we which has as its sole purpose investing Corzine Murkowski Vitter call ATP. ATP is unique among Fed- in American innovation. eral research programs. Most Federal This program has the support of the The motion was agreed to. research is focused on advancing sci- Senate. On March 17 of this year, the The PRESIDING OFFICER. The Sen- entific knowledge. However, there is a Senate voted 53 to 46 in favor of a ator from North Dakota. very long road from scientific dis- sense-of-the-Senate amendment to the Mr. DORGAN. Mr. President, I know covery in a university lab to the com- budget resolution stating: my colleague from Arkansas is intend- mercialization of that product. It is the sense of the Senate that the Sen- ing to seek recognition in a moment. I According to the National Science ate Committee on Appropriations should wanted to ask the manager and rank- Foundation, less than 1.5 percent of make every effort to provide funding for the ing member of the subcommittee, I of- venture capital funding in the private Advanced Technology Program in fiscal year fered the amendment that deals with sector is available as seed funding for 2006. trade and weakening of trade remedies. proof-of-concept. ATP seeks to fill that That is exactly what we are doing. I offered that previously, and I am gap in funding. This bill funds technology initiatives wondering where that might exist with The program was founded to ensure which fuel our economy. The program respect to the vote we might have this that not only do we win the Nobel works. In this austere budget environ- evening. I know the manager wants to Prizes with our excellent venture re- ment, there is no room for programs finish the bill. I want to be helpful in search but that we also commercialize that do not work. We do not have that doing that, but I think my amendment our discoveries ahead of our foreign luxury. is germane. It has been offered. I have partners and thereby create jobs for I oppose the termination of the Ad- debated it. I wonder what we might ex- our own people. vanced Technology Program. I move to pect with respect to a vote. Some have said the idea that we are table the Coburn amendment and ask Mr. SHELBY. Mr. President, it is my in a global technology race is outdated. for the yeas and nays. understanding that Senator GRASSLEY

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20295 has been in some negotiations regard- its investigation, the Commission shall treat high prices at the gas pump, only to ing the amendment. Trade is under the as evidence of price-gouging any finding that open the business pages and see the oil jurisdiction of the Finance Committee. the average price of gasoline available for companies are making record profits. sale to the public in September, 2005, or A bad situation has become worse in I don’t know where he is now. I do not thereafter in a market area located in an know if he voted, but we have been area designated as a State or National dis- the aftermath of Hurricane Katrina. working with him. aster area because of Hurricane Katrina, or Americans have a right to know why I know the Senator wants to bring up in any other area where price-gouging com- gas prices are so high. They have a his amendment as soon as he can. But plaints have been filed because of Hurricane right to know if there is price gouging I want to make sure Senator GRASSLEY Katrina with a Federal or State consumer occurring. This amendment does not is ready and on the floor. We will try to protection agency, exceeded the average say there is. This amendment requires locate him. price of such gasoline in that area for the the FTC to do an immediate investiga- month of August, 2005, unless the Commis- tion into high gas prices to make com- Mr. DORGAN. Mr. President, I thank sion finds substantial evidence that the in- the Senator from Alabama. I believe crease is substantially attributable to addi- parisons and determinations and make the amendment is germane. I have de- tional costs in connection with the produc- sure there is no price gouging occur- bated it, and I hope we can find a way tion, transportation, delivery, and sale of ring. to have a vote on that amendment. It gasoline in that area or to national or inter- I don’t want to say he agrees com- is a very important amendment with national market trends; Provided further, pletely with this amendment, but cer- great merit. My expectation is we That in any areas or markets in which the tainly President Bush has said on ABC, ought to proceed. Commission determines price increases are on ‘‘Good Morning America’’: due to factors other than the additional I think it ought to be zero tolerance of peo- I thank the Senator, and I will look costs it shall also notify the appropriate forward to having the opportunity to ple breaking the law during an emergency state agency of its findings. Provided further, such as this, whether it be looting or price have this vote. That the Commission shall provide informa- gouging at the gasoline pump or taking ad- I yield the floor. tion on the progress of the investigation to vantage of charitable giving or insurance The PRESIDING OFFICER. The Sen- the Senate and House Appropriations Com- fraud. ator from Arkansas. mittees, the Senate Committee on Com- That is from President Bush. Cer- merce, Science, and Transportation, and the AMENDMENT NO. 1703 House of Representatives Committee on En- tainly, the sentiment is there that if Mr. PRYOR. I call for the regular ergy and Commerce every 30 days after the there is gouging going on, we need to order of business with respect to Pryor date of enactment of this Act, shall provide know about it. This requires the FTC amendment No. 1703. those Committees a written interim report to do an immediate investigation and The PRESIDING OFFICER. The 90 days after such date, and shall transmit a come back and report to Congress with amendment is now pending. final report to those Committees, together their findings within 30 days. with its findings and recommendations, no AMENDMENT NO. 1703, AS MODIFIED I give a special thank you to Senator later than 180 days after the date of enact- Mr. PRYOR. I have a modification DOMENICI. We worked very closely with ment of this Act; Provided further, That the him and his staff, we worked very which I have sent to the desk. Commission shall transmit recommenda- The PRESIDING OFFICER. The tions, based on its findings, to the Congress closely with Senator SHELBY and his amendment will be so modified. for any legislation necessary to protect con- staff, and Senators BINGAMAN, CANT- The amendment (No. 1703), as modi- sumers from gasoline price-gouging in both WELL, BILL NELSON, and BEN NELSON. fied, is as follows: State and National disaster areas and else- Everyone played a role. I give a very On page 190, between lines 14 and 155, insert where; Provided further, That chapter 35 of special thank you to our friend and col- the following: title 44, United States Code, does not apply league from Maryland, Senator MIKUL- SEC. 522. Of the funds appropriated to the to the collection of information for the in- SKI. She has done yeoman’s work on Federal Trade Commission by this Act, not vestigation required by this section; Provided this amendment. She and her staff—I less than $1,000,000 shall be used by the Com- further, That if, during the investigation, the need to give credit to all the staff. We mission to conduct an immediate investiga- Commission obtains evidence that a person may have violated a criminal law, the Com- reached a bipartisan agreement on this tion into nationwide gasoline prices in the a few moments ago. I thank all my col- aftermath of Hurricane Katrina; Provided, mission may transmit that evidence to ap- That the investigation shall include (1) any propriate Federal or State authorities; and leagues and certainly I look forward to evidence of price-gouging by companies with Provided further, That nothing in this section hearing from Senator MIKULSKI on this total United States wholesale sales of gaso- affects any other authority of the Commis- very important issue on which she has line and petroleum distillates for calendar sion to disclose information. worked so hard. 2004 in excess of $500,000,000 and by any retail Mr. PRYOR. Mr. President, this is an Mr. DOMENICI. Mr. President, I un- distributor of gasoline and petroleum dis- amendment relating to price gouging derstand the distinguished Senator has tillates against which multiple formal com- on gasoline. I thank many of my col- commented about this amendment and plaints (that identify the location of a par- leagues who have cosponsored and about my participation. I thank him ticular retail distributor and provide contact for his comments and state it was a information for the complainant) of price- helped in this process: Senators MIKUL- gouging were filed in August or September, SKI, SALAZAR, OBAMA, STABENOW, BEN pleasure to work on it. I think it will 2005, with a Federal or State consumer pro- NELSON, BILL NELSON, CORZINE, BINGA- accomplish something. The people tection agency, (2) a comparison of, and an MAN, DORGAN, DURBIN, INOUYE, FEIN- want some hope that it is being looked explanation of the reasons for changes in, GOLD, DODD, KERRY, and there may be at objectively. I am glad to be part of profit levels of such companies during the 12- one or two others who have wanted it. month period ending on August 31, 2005, and their names added in the last few mo- Ms. STABENOW. Mr. President. I their profit levels for the month of Sep- ments. I thank my cosponsors for all rise today to speak about a very impor- tember, 2005, including information for par- tant amendment authored by Senator ticular companies on a basis that does not the work they have done. PRYOR, which I have cosponsored. Our permit the identification of any company to This started with me traveling the which the information relates, (3) a sum- State of Arkansas, as many Members amendment allocates a minimum of $1 mary of tax expenditures (as defined in sec- have traveled their home States, dur- million of the funds in this appropria- tion 3(3) of the Congressional Budget and Im- ing the August recess, and everywhere tions bill to allow the Federal Trade poundment Control Act of 1974 (2 U.S.C. I went people talked about high gas Commission to complete the investiga- 622(3)) for such companies, (4) the effects of prices. This is putting a strain on the tion into possible gasoline price increased gasoline prices and gasoline price- economy, putting a strain on families, gouging. I was one of the authors of the gouging on economic activity in the United hurting not only every section of the original provision included in the en- States, and (5) the overall cost of increased ergy bill that directs the FTC to inves- gasoline prices and gasoline price-gouging to country but also every sector of the the economy, including the impact on con- economy. tigate gasoline pricing practices. So I sumers’ purchasing power in both declared It is very difficult for the people in am very pleased to be joining Senator State and National disaster areas and else- my State, and I am sure it is hard for PRYOR in ensuring that we get some where; Provided further, That, in conducting people in other States, to pay record answers quickly.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20296 CONGRESSIONAL RECORD—SENATE September 14, 2005 I offered my original amendment to Science appropriations bill. We must There is clamor for getting rid of the the Energy Policy Act of 2005 in June have the results of the investigation as Federal or State taxes. People want of this year when we were debating the quickly as possible so that we can take the prices to come down. energy bill on the floor of the Senate. any necessary actions. We want to know, is there gouging? Back in June we were already experi- I strongly urge all of my colleagues Is there fixing? We want to operate on encing high gasoline prices that fluc- to support this amendment. the basis of fact. tuated wildly from day to day, and in AMENDMENT NO. 1710 In my home State of Maryland, my some cases, from hour to hour. I heard Ms. MIKULSKI. Mr. President, I cost of commuting has gone up $30 a from many Michigan families who are would like to thank Senator CANTWELL week. I can afford it, but many Mary- unable to budget for gasoline to take for her tireless leadership in the fight landers cannot. I saw on a local TV sta- their kids to school and commute to against meth. Meth abuse has reached tion a mother who filled up her and from work because the prices they epidemic levels across our country, and minivan, a soccer mom. It was $90. She paid each week varied so much. I also by working to ensure that we don’t put her head on the windshield and heard from people in Michigan that shift the burden onto local commu- cried; how could her family afford it? they are extremely worried about gaso- nities, Senator CANTWELL has given We see the variance in prices, block line pricing practices. They are con- State and local law enforcement an im- by block; in one neighborhood gas is cerned that they are getting gouged at portant ally. selling for $3.49 and less than 5 miles the pump with no recourse. Accepting her amendment to add $20 away, in Baltimore City, it is selling A lot has changed since June and I million to the hotspots program brings cheaper. Go to another pump further am sorry to say that it hasn’t been for funding for meth State and local law out in a valley situation and it is sell- the better. enforcement to $80 million. Coupled ing for $3.63. Guess what. Over in an- Since June we have had a cata- with the bipartisan addition of $43 mil- other neighborhood, it is selling for strophic hurricane ravage Alabama, lion of meth authorization dollars that $3.03—a 60-cent-per-gallon difference. Mississippi, and Louisiana. We have Senator CANTWELL cosponsored and Can anyone tell me what it is about poured our hearts and our donations other meth-related funding, this bill the marketplace that it is 60 cents dif- into those States to help the people makes an enormous Federal commit- ference? Who is pulling the strings? who lost their homes and livelihoods ment to help our State and local effort The consequences are severe. If you get back on their feet. And we will con- to fight the meth battle. have a family and are a commuter, you tinue to work as hard as possible to re- Senator CANTWELL’s amendment wonder how you can continue to be a build the towns and cities that have sends vital Federal support to law en- soccer mom and a dad and go to work been destroyed. forcement officers and first responders every day. But the impacts of Katrina spread be- on the front lines of the meth epidemic Business in my community is af- yond the Gulf Coast States. Whether or everywhere. These crime fighters need fected, big and small; small businesses, not we got a single breath of wind from more funds to help combat this dan- from the florist who delivers the flow- the storm, we are feeling the continued gerous drug, and Senator CANTWELL ers, to the pharmacist who is willing to impacts of Katrina’s impact in all our has fought to give them resources they deliver prescription drugs, to the elec- States in the form of high gas prices. need. I appreciate her work to improve trician, to the plumber using a pickup. In Michigan we saw prices as high as this bill, as do countless law enforce- Much of our food supply comes by $3.21 per gallon earlier this month. ment officers across America. truck to our supermarkets. They will The PRESIDING OFFICER. The Sen- Prices have eased a little bit in the have to charge more. It means food is weeks since Katrina hit the Gulf Coast ator from Maryland. Ms. MIKULSKI. Mr. President, I rise going to go up. People love Maryland States, but consumers are still very as the ranking member of this sub- and love our crabs, but our watermen wary. There was a quote from a Michi- committee, and also as a cosponsor of are aghast to take the boat out. It is gan resident published recently in the the Pryor amendment. costing a fortune. Marylanders want to Detroit News that speaks volumes First of all, I thank the Senator from know the facts. about consumer confidence in gasoline Arkansas for offering this amendment I am pleased to join with the Senator pricing. Mr. Tony Mapson of Detroit, which would give $1 million to the Fed- from Arkansas. This has been a bipar- upon seeing gasoline priced at $2.69 per eral Trade Commission to investigate tisan agreement. This will move it for- gallon, said, ‘‘Maybe it is a con. They whether there is some type of price ward. Let’s fund this at the FTC. Let’s raise the price so high and then lower gouging, price fixing, going on in the get the investigation underway and get it so we don’t complain so much.’’ marketplace. ahold of the gas prices affecting so I think Mr. Mapson speaks for many I thank the Senator for his leader- many Americans. Americans who distrust the price they ship and the fact that he wants to pro- I thank the chairman of the sub- are given at the pump. This is the rea- ceed on the basis of fact and not just committee, Senator SHELBY, for his pa- son I included a provision in the energy rhetoric and finger-pointing. tience while we worked so assiduously bill, which was signed into law on Au- We thank the Senator from New Mex- on the bipartisan agreement. gust 8, instructing the FTC to inves- ico, the chairman of the Energy bill. I ask unanimous consent the Pryor- tigate gasoline price gouging. There This has received bipartisan support, Mikulski amendment be agreed to. has been some disagreement about exactly what we need. Boy, do we need Mr. SHELBY. Mr. President, I take a when the FTC needs to finish their in- it. minute and commend the Senator from vestigation under the law. It was my We in Maryland are hot. We are abso- Arkansas, Senator PRYOR, for his lead- intention that the investigation should lutely hot about these gas prices. ership and for reaching out to the be started immediately and the FTC Maryland has the third highest gas chairman of the Energy and Natural should complete it and report the find- prices in the United States of America. Resources Committee, Senator DOMEN- ings back to Congress within 90 days of Who are we behind? Are we behind ICI, and Senator MIKULSKI and Senator enactment. The FTC interprets the law California with complicated environ- TALENT, and so many others. This is a to mean that they have 90 days to mental rules? No, we are behind the bipartisan approach. Senator PRYOR is begin their investigation. As of today, District of Columbia, and we are be- the leader. it is has been 37 days since my price hind New York. No one can say why. Nobody likes gouging. Gasoline is too gouging provision became law. I Our Governor convened a special meet- high. We want the markets to work. If strongly urge the FTC to immediately ing of oil executives to tell him why, market forces work, there won’t be begin their investigation as directed by and he is dissatisfied. Our general as- gouging. It will be an orderly move- the Energy Policy Act and include the sembly is working on it to see if there ment of supply and demand—if the de- provisions in the amendment we are of- is something we can do at the State mand is too high, the prices will go up, fering to the Commerce-Justice- level. but not like that, not like I have seen

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20297 it at the pump, as we have seen coast Camden Yards, the Ravens Stadium, known to the public, it will encourage to coast. and where we are trying to create the people to come forward with informa- The American people fear there is digital harbor. We got our economic tion, people who might have been gouging going on. Senator PRYOR development but not the way the plan- afraid to do so to this point, but they should be commended for pursuing this ners wanted. will know this Unsolved Civil Rights issue. We hope the Federal Trade Com- I am sympathetic. It has raised some Crime Section is there, this cold case mission will do its work. I support the liberal eyebrows, but I look forward to section is there. They will contact that amendment. working with you, and maybe we will section and give them information The PRESIDING OFFICER. The have a Sununu-Mikulski amendment. about past offenses and tragedies. question is on agreeing to the amend- The PRESIDING OFFICER. The Sen- Finally, we think the existence of ment. ator from Missouri. this section will cause those who com- The amendment (No. 1703), as modi- AMENDMENT NO. 1709 mitted these crimes—and in some cases fied, was agreed to. Mr. TALENT. Mr. President, I rise to who are still walking around in the be- Ms. MIKULSKI. I move to reconsider congratulate the Senate on having just lief they are beyond justice—to not the vote. agreed to the Unsolved Civil Rights rest easy anymore. As my friend from Mr. SHELBY. I move to lay that mo- Crime Act in the form of an amend- Connecticut has said, we want them to tion on the table. ment, the Talent-Dodd amendment. I sweat. We want them to know the Gov- The motion to lay on the table was will speak a few minutes about it. My ernment is trying to find them, that agreed to. friend from Connecticut also will make there is a section of the Government AMENDMENT NO. 1652, WITHDRAWN a few comments about this amend- that is out to get them for the murders Ms. MIKULSKI. I will talk about an- ment. they may have committed 40 or 50 other amendment from the senior Sen- The Senate’s action will be viewed, if years ago or for which they may have ator from Arkansas. I ask that Lincoln we can get it agreed to by the House, been complicit, for which they may amendment No. 1652 be withdrawn be- as a historic moment, a blow in favor have believed they were safe from in- cause that policy content will be ac- of civil rights and finding out the truth vestigation. So we think there are a lot complished on another bill. in cases that have been covered up for of advantages to this section. The PRESIDING OFFICER. Without years, in a sense, but are still there. I will say a little bit about the his- objection, it is so ordered. Let me briefly address the merits of tory of it. I was having a discussion the amendment that the Senator from AMENDMENT NO. 1669, WITHDRAWN with a man named Alvin Sykes. Alvin Connecticut and I have cosponsored be- The PRESIDING OFFICER. The Sen- is a nationally recognized civil rights fore the Senate. The bill creates an un- ator from New Hampshire. advocate from Kansas City, who has solved civil rights crime section of the Mr. SUNUNU. Mr. President, I ask been very active in getting the Emmett Civil Rights Division, a cold case sec- unanimous consent my amendment, Till case from mid-1950s reopened, try- tion of the Civil Rights Division, the No. 1669, be withdrawn. ing to achieve justice in that case. We sole purpose of which would be to in- The PRESIDING OFFICER. Without were talking about that investigation. vestigate unsolved murders that were a objection, it is so ordered. We were working on that issue. He violation of the civil rights laws at the Mr. SUNUNU. I thank the ranking said: Why don’t we have a regularized time they occurred and have never member and the chairman of the sub- procedure for looking at cases such as been solved. Many cases, particularly committee. We tried to work out an ac- the Emmett Till case? the cases that occurred in the 1940s, commodation on the amendment. They This was the case of a young man 1950s, and 1960s, were not solved be- made a good-faith effort, and we were from Chicago who went to visit his cause they never were investigated and unable to do so. uncle in Mississippi. He was kidnapped, because no effort was made to solve I also want to let the chairman and beaten, murdered, and his body was them. the ranking member know that the Currently, the Civil Rights Division dumped in the river because he had al- amendment I had filed dealing with does investigate those cases. We cer- legedly, the day before, whistled at a eminent domain will not be offered. tainly applaud the efforts both of the white woman. The two men who were This is a very important issue. I do not Civil Rights Division and in many responsible for that were tried actu- believe government should be able to cases of local prosecutors who have co- ally, but after about 60 minutes of the take private land for the purposes of operated. We are not suggesting the jury’s deliberations, they were acquit- private economic development. People Civil Rights Division is not trying to ted. They subsequently had interviews are well aware of the case this deals investigate those cases now. In many with national magazines in which they with. It is of grave concern to a lot of instances, they are. basically admitted their complicity, Members. The chairman of the Judici- This is what we are hearing from ad- admitted their guilt, and they were ary Committee indicated they will vocates and family members of those never prosecuted. They died, unfortu- have hearings on this matter next who have been murdered in the past. nately, without being brought to jus- week. I look forward to a full discus- They tell us they are working with the tice. But there are others maybe who sion of the case and the issues associ- Justice Department and in many cases were complicit who could be brought to ated with the taking of private land. I are pleased with their response. But justice. There are a lot of those cases want the chairman and the ranking what we do not have is a regularized, out there such as this. We believe a member to know I will not offer that systematic commitment on the part of section such as this will bring them to amendment that has been filed. the Government to find the truth in light and do justice. Ms. MIKULSKI. I thank the Senator these cases. We do not have a set of Mr. Sykes said: Why don’t we have a for his withdrawing of the amendment people who are dedicated to doing that section like this? There is not any rea- yet maintaining his stand. I, too, am and nothing else. son we shouldn’t. sympathetic to the policy direction the We think it is very important to do So the bill creates this cold case sec- Senator is interested in under eminent this for several reasons. In the first tion, if you will, of the Civil Rights Di- domain. place, a section of people who are dedi- vision, requiring they investigate these The Senator might not know my his- cated to that task will develop a foren- murders and requiring they report tory, but I got into politics fighting a sic expertise in investigating those back to the Congress. In some cases highway. Had the recent Supreme kinds of cases that you are not going they will find the truth and be unable Court decision stood, we would not to get if you occasionally investigate to prosecute anybody, but at least they have had a fighting chance. Just to tell them but do not do it on a regular will uncover the truth and be able to the consequences of that, the highway basis. report back and tell us that. Or if they would have gone where our Inner Har- In the second place, we think once have not been able to uncover the bor is; it would have gone through the section exists and it becomes truth, at least they will do their best,

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20298 CONGRESSIONAL RECORD—SENATE September 14, 2005 at least we will have done our best, posal by the Senator from Missouri, in the coming years. It cannot bring even at this late date, to achieve jus- myself, and others who have joined in back and make whole those who have tice in these cases. this effort, is something for which we suffered and were murdered by a racist I think that is very important for are very grateful. I thank them for criminal hand. But it can reaffirm our two reasons. The first reason is, when their willingness to entertain this pro- Nation’s commitment to seek the truth you talk to the family members of posal and to accept it as an amendment and to make equal justice a reality. those who were victimized, those who to this bill. The hour is, obviously, very late. were in these cases, you realize that There are those who would say this Memories are dimming. Those who can the fact the case was 40 or 50 years ago amendment is a case of ‘‘too little, too bring some important information to does not mean it has been forgotten. late.’’ In some ways they are right. the legal authorities are passing away. These family members have been un- Where is the justice, I suppose, when a This amendment may be the last and able to reach closure on these cases. moral monster such as Edgar Ray best chance we have as a nation to They have been unable to put them be- Killen roamed free for literally decades write a hopeful postscript in the strug- hind them and move on because there after killing young civil rights workers gle for racial equality in our Nation. is this tremendous tragedy that oc- in this country? That fact alone speaks We urge our friends in the House of curred where they lost somebody be- to the excusable failures of our legal Representatives, the other body, to ac- cause of a vicious crime. They feel as system to bring to justice those who cept this idea, to join with us in this though the rest of society has not committed brutal crimes. late hour to right these wrongs done in taken an interest in bringing the As the Senator from Missouri pointed our recent past. criminals to justice. We have a chance out, not that many years ago these Again, my compliments to my friend to allow these family members to find crimes were rarely investigated in from Missouri. parts of our country. There was no ef- Mr. President, I yield the floor. out the truth, and to move on in their The PRESIDING OFFICER. The Sen- fort made whatsoever to determine own lives. We owe them that. The ator from Tennessee. country owes them that. who engaged in these brutal violent Mr. ALEXANDER. Mr. President, I The country needs closure as well. acts. In more recent history, of course, am here this afternoon to salute the We need to know what happened, and we have seen a strong effort. I applaud Senator from Missouri for his tireless we need to know, as a country, that we those who engage in this effort. work on this piece of legislation and to did the best we could in a systematic The Senator from Missouri and I be- applaud also the Senator from Con- and planned way to find out the truth lieve there is a good justification for necticut who has been a leader for civil in these cases, to bring those to justice dedicating an adequate amount of re- rights legislation in this country for a where justice is possible, and to mourn sources with some special designation long time. I thank them both not only with the survivors of these victims, to to go back and reopen the books. Those for their initiative, for thinking of know the truth, and then be able to who engaged in these activities, who this, but also for pushing it and being pull together and move forward. This think they never have to worry an- persistent about it. I can remember bill allows us to do that. other day in their lives about being when the Senator from Missouri came I thank very much the managers of pursued, take note—take note that you to me on the floor months ago talking the bill on both sides of the aisle, as may never and should never have a about it. I thank them both for giving well as Senator SPECTER and Senator sleep-filled night again, that we will me a chance to be an original cospon- LEAHY for their support. We have not pursue you as long as you live, that we sor and for their hard work on shep- gone through the Judiciary Committee will do everything in our power to ap- herding it through the Senate in this in doing this, but everybody felt it was prehend you and bring you to the bar of way. important to get this done, and that justice. The Senator from Connecticut point- this was the bill we could use as a vehi- That is the message we want to con- ed out that it has not been that long cle for doing it. vey to the families, the friends, and since these crimes have happened. In I think there are a lot of people others who lost loved ones, who put my lifetime, it has not been that long. around the country who have been their lives on the line by advocating a I was a student in the South in the working tirelessly to get these cases greater justice, helping our Nation 1950s. I was a college student at Van- reopened for whom this is going to be achieve that ‘‘more perfect union’’ that derbilt University in Nashville when it the most encouraging news they have our Founders spoke about, that Abra- was still segregated. I helped to try to had in a long time. ham Lincoln articulated brilliantly desegregate it—successfully. In that I hope my colleagues will take satis- more than a century and a half ago. same year, in the early 1960s, Congress- faction in having done a very good That is at the heart of all this—to man John Lewis was trying to sit in. thing and having struck this blow for try to level this field. We will never be He could not get a seat for lunch. In justice, struck this blow for having an a perfect union, but each generation that same year, the judge on the Fifth opportunity to close these cases and bears the responsibility for getting us Circuit Court of Appeals in New Orle- move forward. closer to that ideal. ans for whom I worked a few years Mr. President, I yield the floor and America stands for the principle of later, Judge John Minor Wisdom, had defer to my good friend from Con- equal justice for all. Yet for far too ordered Ole Miss to admit James Mere- necticut. long, many Americans have been de- dith. The PRESIDING OFFICER. The Sen- nied that equal justice, and many des- In those years, when African-Amer- ator from Connecticut. picable criminals have not been held ican families drove through Nashville, Mr. DODD. Mr. President, first, I accountable for what they have done to if they were sick, they could not be ad- commend my colleague and friend from deprive people of those equal opportu- mitted to many of the hospitals; if Missouri. He is a tireless fighter and a nities. This is a failure we can never they needed a place to sleep, they could persistent advocate. Under normal pro- forget. not be admitted to many of the motels; cedures we would not be adding a pro- So this Senate, in this Congress, on if they needed a place to eat, they posal such as this to an appropriations this date, early in the 21st century, is could not go to many of the res- bill. Therefore, I must begin by ex- saying that we will not forget. This taurants. That was the life then. That pressing our sincere gratitude to the amendment is on record. This amend- was not that long ago. Many families Chairman and the ranking Democrat of ment seeks to right the wrongs of the throughout the South, as well as other this subcommittee on appropriations past and to bring justice to people who parts of the country, but throughout for both of their willingness to accept perpetrated these heinous crimes be- the South, lived in fear because of that an authorizing bill of this nature. cause of racial hatred. We are saying climate. Their willingness to accept what I that we want to create the mechanism The Unsolved Civil Rights Crime Act think is a very sound and good pro- to allow us to pursue these wrongdoers will help heal some of the scars that

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20299 have been left on our society in the in sight and on our minds. Americans McNamara-O’Hara Service Contract wake of the civil rights struggle. are shocked. Frankly, we are ashamed Act that would apply that prevailing This past June, shortly after Edgar that such desperation and deprivation wage to Federal service contracts. Ray Killen was convicted for the 41- could exist on such a large scale in the This is exactly the wrong way to put year-old murder of three civil rights wealthiest nation on Earth. Americans the Gulf Coast region back on its feet. workers, the Nashville City Paper ran expect more, and we deserve more. Louisiana, Mississippi, and Alabama an editorial that summed up why reso- Those of us who are working in the already have low wage levels compared lution of these cases is so important, cool air-conditioned buildings of Wash- to the rest of the Nation. For example, and why this legislation by Senator ington have to take a long, hard look the current prevailing wage in the New TALENT and Senator DODD is so impor- at the priorities and choices that have Orleans area for a truck driver working tant. The editorial concluded: contributed to a situation where Amer- on rebuilding the levees is $9.04 an As long as Civil Rights era killers are still icans, moms and dads, husbands and hour. In the New Orleans area, the pre- alive and free, justice has not yet been fully wives, people of all walks of life, work vailing wage for an electrician is $14.30 served. Hunting them down and bringing hard but still are unable to make ends an hour. Think about it. That comes to them to account for their actions is far and meet and still live in poverty. One an annual income of barely $18,000 a away the best apology any of us can make might think that we would be so em- year for a truck driver and about for their crimes. barrassed about these misplaced prior- $28,000 a year for an electrician work- This is not leadership by lament. ities that have contributed to this situ- ing full time. It is hard enough for a This is leadership by action. I com- ation that we would change course, family to rebuild their lives in that mend the Senate for taking such posi- that we would do all we can to support devastated area at that income. Why in tive steps toward recognizing and recti- those who work hard to make ends the world would the President want to fying these injustices. meet. slash that income, especially at this This action is a reflection of one of One would think that reordering pri- time? Let’s look at some more of the work- those aspects of our Nation’s character orities would be especially important ers who would be negatively impacted that distinguishes us in the world. We in our efforts to rebuild the Gulf Coast, by this action. We are talking about dedicate ourselves to high ideals. We to restore jobs and create new oppor- sheet and metal workers in Pearl River have since our very beginning. Some- tunity, get income into people’s pock- County, MS, who currently make less times we have failed to live up to those ets so they can rebuild their lives and ideals. But when we do, we have most than $19,000 a year. That is their pre- jump start the local economy. vailing wage. We are talking about car- often recommitted ourselves and taken Unfortunately, as if we had learned penters in Mobile County, AL, who cur- action to correct our shortcomings. nothing at all, one of the very first ac- rently make less than $20,000 a year. Therefore, we abolished slavery. There- tions taken by President Bush in the We are talking about laborers in Liv- fore, we granted women the right to wake of this storm was to issue an ex- ingston Parish, LA, who make less vote, even though it was after many ecutive order suspending the Davis- years. Therefore, we desegregated our than $20,000 a year. At this time, why Bacon Act, the Federal law that re- would we want to cut their already schools. Today we shall add to that lit- quires employers on Federal projects to meager income? These are the very any that we have taken steps to bring pay employees the prevailing wage of workers we will be counting on to re- to justice criminals of the civil rights that area. This is a law that has been build the highways and bridges, recon- era. Justice delayed is justice denied. supported by every President since struct houses and schools and hos- Today we see to it that justice will be Franklin Roosevelt, Republican and pitals, get our electricity up and run- delayed no longer. Democrat. ning again in all those areas. These are I am proud to be a cosponsor of this Even more disturbing, if press re- the workers who will do the hazardous legislation, and I look forward to the ports are to be believed, the President waste cleanup. Their wages are already day when this new office opens its is apparently planning to compound barely at the poverty line. The Presi- doors in the Department of Justice. the damage by also rescinding what is dent’s actions will drive those wages The PRESIDING OFFICER. The Sen- known as the McNamara-O’Hara Serv- down even lower. ator from Iowa. ice Contract Act which contains simi- Given the conditions these people Mr. HARKIN. Mr. President, the con- lar wage protections for employees will be working in—areas rife with bac- tinuing scenes of the suffering and dev- working on Federal service contracts. teria and mold, chemical contami- astation in New Orleans and across the It is a law that goes back over 50 years. nants—we ought to be giving them a Gulf Coast weigh heavily on our hearts Until now, I have muted my voice. I wage premium to work in these areas. and minds. It is clear that as a nation have not criticized the President nor Instead, the President’s action will we have a monumental challenge ahead anyone else on what has happened in give them a wage cut. This policy fails of us to rebuild and restore one of New Orleans and what happened in the the basic test of fairness and equity. Is America’s most unique and important wake of Katrina. I have said that the the President calling for a cap on exec- regions. There is the challenge of re- time for that would come later. For utive salaries? I haven’t heard him call pairing and replacing the physical in- now, it is time to get food and shelter for that. Is there any effort to see if frastructure of a number of cities, in- and clothing and health care to the the companies involved in the cleanup cluding the great city of New Orleans. people so devastated. That is why I am and rebuilding would be willing to ac- There is also the challenge of restoring so disappointed with this action by the cept less than the normal profit? I see jobs and income and opportunity and President which will negatively impact that one of the first no-bid contracts hope to hundreds of thousands of des- workers’ wages. So, while we need to let was to Halliburton. perate and displaced people. set up a separate commission to look We know who the former president of Hurricane Katrina did more than rip at what happened in the aftermath of Halliburton is: Vice President DICK the roofs off buildings along the Gulf the hurricane, why the planning was CHENEY. We know that one of the chief Coast. It also ripped off the mask that not done, why so much suffering and clients of the former head of FEMA, has covered up the plight of millions of death before poor people were moved to Mr. Albaugh, who now has a consulting working Americans who live in pov- places of safety, the fact is things are firm, is Halliburton. We know that Mr. erty, as well as nearly one out of every now moving ahead. Albaugh’s hand-picked successor, Mr. five American children who are now With the stroke of a pen, the Presi- Brown, was the head of FEMA when growing up in poverty. Too often the dent is going to remove the require- they gave the no-bid contract to Halli- poor are out of sight and out of mind. ment for the prevailing wage to be paid burton. It sounds like a sweetheart Katrina changed that. Hurricane for workers in this region. If press re- deal to me. Is the President calling for Katrina opened the eyes of people all ports are to be believed, he is now a cap on profits earned by those compa- across this country. The poor are now going to compound it by rescinding the nies? Of course not. So why in the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20300 CONGRESSIONAL RECORD—SENATE September 14, 2005 world is the President singling out low- been awarded, enriching people at the Before Katrina, people in the Con- income workers in that area and say- top, but with precious little trickling gress, the leadership, the Republicans ing: We are not just going to put a cap down to ordinary Iraqis to put income in Congress were poised to slash food on what you make. We are going to in their pockets and encourage a grass- stamps and Medicaid for the poor at lower prevailing wage. We are going to roots economic recovery. the same time that we were supposed take it away. Why is he cutting their Surely we can learn from the mis- to get a bill to eliminate the estate tax pay at a time when we should be trying takes we made in Iraq where we just and extend other tax cuts for the to boost income and give a helping threw billions of dollars to these com- wealthiest Americans. Prior to hand to people in this area? panies, and not much of it got down to Katrina, their agenda consisted of com- For the life of me, the more I think the people in Iraq. Surely we can learn ing back here and cutting food stamps, about this, the more I read about it, I from that and not repeat those mis- cutting Medicaid for the poor, cutting don’t get what the President is trying takes in the Gulf Coast. estate taxes, giving more tax breaks to to do. They have a prevailing wage. He The good news is that it is not too the wealthiest Americans. Let’s hope is saying, you are not going to get late for the President to correct this Katrina has been a wake-up call that that. What happens when you don’t misdirection. We are still at the begin- these are misordered, wrong priorities. have a prevailing wage in a desperate ning of our response to the devastation They would have been misordered be- situation? There is always somebody of Hurricane Katrina. As we saw when fore Katrina, and they are glaringly worse off than you that will take a job the FEMA Director was reassigned ear- misguided in a post-Katrina America. at less pay. There is always somebody lier this week and has since left, of We should be focusing on initiatives a little bit more desperate. So if the course, the President and his team that lift people out of poverty, not prevailing wage for a truckdriver was have shown a capacity for shifting slashing programs that provide health $9 an hour, if there is no prevailing gears and making midcourse correc- care and food support to working fami- wage, the company could come in and tions. That is fine. lies. say: Anybody want a job for $8 an Tomorrow night, the President needs We must increase the minimum to take a second midcourse correction hour? Someone says: Yes, I will take it wage, which today is not even a living in the strongest possible terms. I urge for $7. Someone else will say I will take wage but a poverty wage. We need to the President to use his prime-time ad- it for $6 because I am so desperate. I increase education and job training op- dress to the Nation to reverse course need work. I need income. portunities. We need to be making col- You end up with a race to the bottom and reinstate the Davis-Bacon protec- lege loans and grants more widely on the wages these jobs pay if you tions for the Gulf Coast region. available and cheaper. We need to be I also urge the President to put in don’t have that prevailing wage. That strengthening the ladder of oppor- place a network of auditors and over- is precisely what is going to happen in tunity that allows people to achieve seers to ensure that the billions of dol- New Orleans and the Gulf Coast region. lars going to Katrina relief is spent ef- their own American dream. We cannot It is a blow to the workers who have al- fectively, that the lion’s share is used do that if we keep doing what we have ready lost their homes. Many have lost to restore and create jobs, to boost in- been doing—if we keep cutting taxes jobs, families disrupted, coming back comes, to spark a bottom-up economic for the wealthiest of Americans, then to clean up the mess in their neighbor- recovery and revival all across the dev- turning around and compensating for hoods. Now they are being told their astated region. the deficit created by those huge tax wages are going to fall. Think about There have been numerous articles loopholes by slashing food stamps and this. Before Katrina, a truckdriver written in the days since Katrina hit Medicaid and taking away the pre- would be making $9.04 an hour. Post- the Gulf Coast underscoring how vailing wage for workers in the Gulf Katrina, they will get less money. Can shocked Americans are to see with our Coast region. someone please explain to me what own eyes the poverty and the depriva- I close my statement by, again, call- sense this makes? Pre-Katrina we pay tion that unfortunately still exists on ing upon President Bush to do a mid- you more for the work you do; post- a large scale in the wealthiest Nation course correction. I don’t know who ad- Katrina, we are going to pay you less. on Earth. We need to address the issue vised you, Mr. President, to use your I say to the President of the United of poverty in this country. We knew be- pen to cut the prevailing wages for our States: You are going to be on tele- fore Katrina struck. We saw the data. workers in the Gulf Coast region. Who- vision tomorrow night to talk about The U.S. Census Bureau issued updated ever advised you, they were wrong. the cleanup effort. Please explain to poverty data showing that 37 million Now is your time to do a midcourse the American people why it is you took live in poverty—13 percent of our popu- correction. Tomorrow night, when you away the prevailing wage for workers. lation. Since 2001, 4 million more address the Nation, Mr. President, tell Explain why it is necessary for them to Americans have fallen into poverty. the American people that you are make less now than they made before. Nearly 5 million more Americans are going to reinstate the prevailing wage Explain why it is necessary to cap without health insurance. And worst of for our workers in the Gulf Coast. In their wages, but we don’t cap the prof- all, poverty is increasing sharply fact, give them a premium for all the its of the companies doing the work. among the working poor, people who dirty, hard work they’ll have to do. We don’t cap the executive salaries of have full-time jobs. The Census Bu- And then don’t suspend the act that the executives of those companies. reau’s numbers show that over the last also provides a prevailing wage for our This is devastating. I have held my year alone, the number of Americans service workers because they are going criticism of the President, but this is who work but live in poverty increased to be doing a lot of the hard work also unconscionable. This is not right. It is by 563,000 people—over half a million. in cleaning up the mess in New Orleans not right for individuals, and it is fool- Meanwhile, the latest Census numbers and around the Gulf Coast region. ish economic policy for a region that show that over the last year, real me- It would be a terrible thing if we take we are trying to get back on its feet. dian earnings fell by nearly $1,000 for hard-earned taxpayers’ dollars that we FEMA is already signing scores of con- male workers, more than $300 for fe- are committing to rebuilding the Gulf tracts for vast sums of money. The male workers. Coast region, to rebuilding the econ- question is: Will a fair share of this It should offend our basic sense of omy and helping people rebuild their money work its way down to the ordi- fairness to know there are any Ameri- lives—it would be a slap in the face to nary laborers who do the dirty, haz- cans working full time, playing by the the American taxpayer if we allow that ardous jobs of cleanup and rebuilding? rules, and still living in poverty. Once money to go disparately into the pock- Or will it mostly go for executive sala- again, it is not too late to act. Katrina ets of the executives of the companies ries and corporate profits? Certainly, can serve as a wake-up call to all of us that get all the contracts, and in turn we do not want a replay of Iraq, where to reorder our priorities, as I said ear- cut the wages of the workers who will billions of dollars in contracts have lier. be physically doing the hard work and

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20301 the heavy lifting. That is not the the belief that someone would come to and the American family stand behind America that we want post-Katrina. help her. its most vulnerable members, we need Mr. President, tomorrow night, do For many people in New Orleans and an independent 9/11-type commission, a the right thing: change your course. Mississippi and Alabama and through- bipartisan commission that will take I yield the floor and suggest the ab- out the State of Louisiana, that some- an honest look. Don’t load it up with sence of a quorum. one was our Government. People knew Congressmen and Senators who may The PRESIDING OFFICER (Mr. that at the worst moments they could have some political axe to grind but DEMINT). The clerk will call the roll. count on our Government to be there make it truly independent. The legislative clerk proceeded to because our Government is our Amer- It worked for 9/11. The two men who call the roll. ican family and we do pull together. were chosen, Gov. Tom Kean, former Mr. DURBIN. Mr. President, I ask When one part of our family is in dis- Republican Governor of New Jersey, unanimous consent the order for the tress, we pull together to help. And she and Congressman Lee Hamilton, quorum call be rescinded. waited and waited and waited. former Democratic Congressman from The PRESIDING OFFICER. Without A doctor I met in Chicago on Friday Indiana, did an extraordinary service objection, it is so ordered. at one of the evacuee centers happened for our country. Their analysis of 9/11 Mr. DURBIN. Mr. President, Hurri- to be in New Orleans on Monday when led to the most significant intelligence cane Katrina may be the worst natural the hurricane and then the flood hit. reform in modern history in our coun- disaster in my lifetime, maybe in mod- He said he didn’t see his first rescue try, and it passed with an amazing, ern memory. The stories that come worker until Thursday in the city of strong, bipartisan vote, thanks to the back from that hurricane and that dis- New Orleans. He was lucky. He was on exceptional work of Senator SUSAN aster are so touching. Today, a man high ground in a hotel—a doctor. He COLLINS, a Republican of Maine, and was rescued in his home. It was re- really became the head of a small hos- Senator JOE LIEBERMAN, a Democrat of ported in the news that had he gone an- pital in that hotel. Connecticut, and Congresswoman JANE other day without water, he would Something awful happened as a re- HARMAN of California. They all came have died. It is amazing that he sur- sult of this hurricane. Too many people together with this intelligence reform vived through these weeks since Hurri- were left behind. Too many people were that grew out of this independent com- cane Katrina struck. let down. The most vulnerable people mission. Senator MARY LANDRIEU, our col- in America didn’t have their Govern- Senator CLINTON came to the floor today and said it worked well for league from Louisiana, came back with ment, their American family standing America’s greatest terrorist attack. so many real-life stories that were so there to help them in their greatest Let us apply the same concept, the touching. There is one she told me and hour of need. several others that I repeated back in For a long time there was a political same model for this Hurricane Katrina disaster. my home State of Illinois. It is an exchange back and forth in Wash- We had a chance on a bipartisan basis amazing story about a 65-year-old ington: Who is at fault? Who made the to rise to the occasion today, and we woman who was living alone in a sim- mistake? The talk shows, the talking failed. We failed to pass the Clinton ple house in New Orleans and had no- heads, all of them had an opinion. The amendment. On a partisan rollcall, where to go and no way to leave. She White House said: Don’t get involved in Senator CLINTON’s call for an inde- thought her little house, which had a blame game. That was their phrase. pendent commission was rejected. been through an awful lot, could take Many others said it really wasn’t the Why? Why? When you consider the dev- whatever God would give, and she was Federal Government’s fault, it was astation of this hurricane, when you relieved when the hurricane skirted this, it was that. It went on and on. consider the billions of dollars that around New Orleans. Senator MIKULSKI, who just came need to be spent now to bring back Within hours, of course, disaster back to the floor, managing an impor- these communities and the families struck in the form of a flood. She told tant bill, was one of the first, if not the and the lives, why, when we know that MARY LANDRIEU, who found her in one first, who came to the floor and sug- we want to be prepared tomorrow, God of the hospital facilities, that the gested the head of FEMA should move forbid, if another disaster strikes? Why water just came rushing in, first 4 feet on to another job. wouldn’t we follow Senator CLINTON’s of it, and then more. As it was rising, Senator MIKULSKI, thank you for suggestion? Why wouldn’t we create she was wondering where she would your leadership. He is gone. I joined this independent, bipartisan commis- turn. She went through her house and her in that chorus. Whatever Mr. sion that can get to the heart of the thought maybe, just maybe she could Brown’s qualifications were, they were issue? crawl up into the attic. She set a step- not up to the job of handling this nat- The American people want this, and ladder up in her kitchen, but she did ural disaster. the Senate rejected it on a partisan not have the strength to move from her The President came out within the rollcall today. That is truly unfortu- stepladder up into the attic. She could last day and conceded the fact that he nate. Those who lived through 9/11 re- just barely get her head up into the had not met his responsibility to the cently commemorated a sad fourth an- attic. The water rose to the ceiling, to American people in Hurricane Katrina. niversary. The lives of those who were her chin, while she was standing on That is an important admission on his lost, of course, will never be reclaimed. that stepladder. She stood on that part. I think, once having conceded Their memories live on. But their fam- stepladder for 2 days. She told MARY that point, we can move forward. ilies have dedicated themselves, not LANDRIEU that she kept wondering why I come to the floor now because the just to preserving their memory but to the level of the water was changing Senate missed an extraordinary oppor- doing something important for Amer- every once in a while. Of course, it was tunity to move forward on a bipartisan ica. Those families stood behind the 9/ the tidal flow of the water from the basis today. There was an amendment 11 Commission. They were the political Gulf of Mexico, the tidal flow in her offered by Senator HILLARY CLINTON of force that kept that commission mov- kitchen. New York, who certainly knows about ing forward when politicians on both Finally, one of her neighbors thought disasters, having lived through 9/11 sides of the aisle found plenty of ex- about her, came and helped her out, with her colleague, Senator SCHUMER. cuses to stop. and the two of them scrambled up to Senator CLINTON came to the floor We need another group of families the roof. With a little help, she sur- today and said: We learned a lesson on today. We need the Hurricane Katrina vived to tell the story. 9/11 that if you really want to get to families to come forward. We need for She told MARY LANDRIEU that in the bottom of what failed in Hurricane them to say to this Senate, the House those dark hours, standing on that lad- Katrina and what we can do to repair of Representatives, and this Govern- der with water up to her chin, she sur- the damage in the future, to make cer- ment, we truly need another inde- vived on faith, faith in God but faith in tain that the American Government pendent commission. We need their

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20302 CONGRESSIONAL RECORD—SENATE September 14, 2005 voices and we need their strength. I term. We know that tax incentives heard from former California Gov. Pete think with it, we will succeed. helped to revitalize New York after 9/ Wilson, former New Orleans Mayor Today, Senator CLINTON, despite her 11. They can do the same for New Orle- Marc Morial, and former Grand Forks, best efforts, did not succeed. But for ans, Gulfport, and the other hurricane- ND, Mayor Patricia Owens. Each of the good and safety and security of this hit areas. We’re pleased that members these respected public officials have led Nation, we must. of the affected region join us in this ef- their citizens through past natural dis- I look forward to returning to this fort including Senators LOTT, LAN- asters and shared their experiences issue as quickly as possible. I hope we DRIEU, VITTER, COCHRAN, and SHELBY. with us in the hearings. can find a way to not only analyze The immediate relief package that In the coming weeks, we will call in what we failed to do with Hurricane we are announcing today will help get leaders from the administration and Katrina but make certain we bring the short-term aid to hurricane victims by other relevant parties to determine relief and recovery families need and encouraging food donations and the what was done right and what was done make America safe again for so many employment of displaced individuals, wrong in responding to Hurricane vulnerable Americans who count on for example. For those who have suf- Katrina. We intend to make whatever our leadership. fered casualty losses, we have liberal- changes in structure, funding and per- I yield the floor. ized the tax rules to permit affected sonnel that are necessary to ensure The PRESIDING OFFICER. The Sen- taxpayers to deduct losses from dam- that we are prepared to handle disas- ator from Maryland. aged property. We also want to help ters—either natural or manmade—in Ms. MIKULSKI. Mr. President, first I protect Katrina victims from the future. would like to thank the senior Senator undeserved IRS harassment. During consideration of the fiscal from Illinois for his kind words about We expect to see prompt action by year 2006 Commerce-Justice-Science my advocacy. Congress on this tax relief package. We appropriations bill, Senator HILLARY You see, I wanted not only new lead- need to get these tax incentives on the CLINTON offered an amendment to cre- ership at home—that is why I called for books and help Katrina victims make a ate a new committee to investigate Michael Brown to step down—but I be- fresh start. Hurricane Katrina. I did not support lieve FEMA needs a new focus. It needs After this package is completed, our this amendment for two reasons. First, a new energy. And it needs a new inde- focus will be on longer term tax incen- it violated Senate rules by adding leg- pendence. tives to help rebuild homes and busi- islation to an appropriations bill. I In the 1990s I worked to form FEMA, nesses. We are looking at depreciation have strongly opposed such legislative after Hurricane Andrew, and actually changes, tax-exempt bond authority— ‘‘riders’’ in the past since many of the worked with President Bush (I) and An- arbitrage rebate—and enterprise-zone ‘‘riders’’ have been used to undermine drew Card. We started that. President initiatives. environmental laws. I believe that leg- Clinton came in, we kept our reform ef- Life will never be the same for our islation should move through the ap- forts up, we got James Lee Witt, and fellow citizens in gulf region. And what propriate authorization committees for what we really focused on was, No. 1, we have all seen over the last 2 weeks consideration. that FEMA become independent; No. 2, will stay in the hearts and minds of all Second, I believe that our Homeland that it be run by professionals—mean- of us for years to come. Security Committee is doing the nec- ing emergency management, military, With this first initiative from the Fi- essary work to conduct a full inves- or even private sector people with cri- nance Committee—and there will be tigation. The work has already begun. sis management experience because more in other areas where we have ju- A new committee could take months to this is enormously important to saving risdiction—we want the victims in all be organized and set up. The American lives, saving livelihoods, and quite of the affected areas to know that they people should not have to wait to have frankly, being good stewards of tax- can count on us to create a set of meas- accountability. payer money. We are about to spend $60 ures that wit1 help return vitality and AMENDMENT NO. 1670 billion, and we are into no-bid con- vigor to the gulf region. Mr. CHAFFEE. Mr. President, I wish tracts? OK? NOTICE OF INTENT to speak about the Senate amendment So that is why I wanted Brown to go. Mr. REID. Mr. President, in accord- No. 1670, offered by Senator DORGAN. The President has appointed someone. ance with rule V of the standing rules Earlier today the Senate held a proce- I look forward to getting acquainted. I of the Senate, I hereby give notice in dural vote on this amendment, and I supported the commission, not to fin- writing on behalf of myself and Sen- want to make clear the reason for my ger-point, but to pinpoint, just like the ator BINGAMAN that it is our intention vote. 9/11 Commission. Where do we need to to move to suspend paragraph 4 of rule Senator DORGAN’s amendment would reform? Where do we need to reinvigo- XVI for the purpose of proposing to the create a Special Committee of the Sen- rate? Where do we need to refocus? bill, H.R. 2862, The Science, State, Jus- ate on war and reconstruction con- Yes, the President is going to look tice, Commerce Appropriations Bill, tracting. It is modeled on the highly into it, and he should. Yes, the Con- the following amendment: No. 1706. successful committee that former gress is going to look into it, under the (The amendment is printed in today’s President Harry Truman chaired dur- able leadership of Senator COLLINS and RECORD under ‘‘Text of Amendments.’’) ing his Senate tenure from 1941–1944. Senator LIEBERMAN. But I believe in AMENDMENT NO. 1660 That committee demanded the strict- independence. Frankly, as you know, I Mr. CHAFEE. Mr. President, Con- est accountability from defense con- say to the Senator, just as in medicine, gress must make an immediate, thor- tracting and thus saved our Govern- nothing goes wrong when you get a sec- ough review of the Government’s re- ment billions of dollars. ond opinion from outside. So that is sponse to Hurricane Katrina and its I agree with the aim of Senator DOR- what I hoped would happen. But I look aftermath. GAN’s amendment, and look forward to forward to working with the President As a member of the Senate Homeland supporting legislation in the future on recovery. Security Committee, I am committed that would establish a special com- We have to make sure we are ready to working with Chairwoman SUSAN mittee to review war and reconstruc- and able to respond if it happens again. COLLINS and Ranking Member JOE LIE- tion contracting. Given the great cost, Thank you for your kind words. BERMAN to ensure that the investiga- length and importance of the war on Mr. DURBIN. I thank my colleague. tion is conducted in a bipartisan fash- terrorism, I think it is appropriate to Mr. GRASSLEY. Mr. President, last ion. convene such a special committee to night, Senator BAUCUS and I intro- We have already begun this inves- ensure that taxpayer dollars are spent duced a package of tax relief measures tigation. On Wednesday, September 14, wisely. designed to help the victims of Hurri- our committee held its first hearing on However, Senator DORGAN offered cane Katrina both in the short and long the effects of Hurricane Katrina and this piece of authorizing legislation on

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20303 an appropriations bill. The procedural The amendment is as follows: EGYPT AND MOLDOVA vote was whether the Senate should set On page 1 strike line 6 and all that follows Mr. MCCONNELL. Mr. President, I aside rule XVI, which prohibits such through page 2, line 2, and insert the fol- rise to make two brief comments re- authorizing on appropriations. There is lowing: garding Egypt and Moldova. a troubling history of legislating on ap- $859,300,000 shall be available for aeronautics On Egypt, the jury is still out on propriations. From 1995, when the Sen- research and development programs of the whether or not the recent presidential ate voted in effect to over-turn rule National Aeronautics and Space Administra- election is a meaningful step toward XVI, until 1999, when the rule was es- tion. Of the amount available under this sec- greater democracy in that country. To tablished, there was a proliferation of tion in excess of $852,300,000, not more than be sure, there was plenty wrong with 50 percent of such excess amount may be de- so-called ‘‘legislative riders’’ on appro- rived from any particular account of the Na- the poll which few Egyptians were per- priations bills. No authorizing commit- tional Aeronautics and Space Administra- mitted to access and no international tee’s territory is safe without firm tion. monitors were allowed to observe. President Mubarak’s victory was lines clearly differentiating between Mr. SHELBY. Mr. President, I believe unsurprising. It is important to en- authorizing work and appropriations this amendment has been cleared on courage President Mubarak to appre- work. Moreover, from 1995–1999 many of both sides. I urge its adoption. ciate that progress in Egypt, whether the riders were aimed at undermining The PRESIDING OFFICER. Without relating to freedom, economic develop- environmental laws. objection, the amendment is agreed to. To avoid returning to this practice, I ment, or Radio Sawa broadcasts, must The amendment (No. 1715) was agreed be judged not by words but by concrete support rule XVI and its prohibition to. against adding authorizing amend- actions. The Egyptian people deserve The PRESIDING OFFICER. Without ments to appropriations bills, and thus no less, particularly with legislative objection, the first-degree amendment, voted to oppose Senator DORGAN’s elections on the horizon later this as amended, is agreed to. amendment. Again, I state this to year. The amendment (No. 1671), as modi- make clear that my vote was to uphold On Moldova, I am pleased that the fied, was agreed to. an important Senate rule, and not to Senate State, Foreign Operations and Mr. SHELBY. Mr. President, I move oppose Senator DORGAN’s amendment. Related Programs Subcommittee pro- to reconsider the vote. vided an additional $3 million above AMENDMENT NO. 1688, AS MODIFIED Ms. MIKULSKI. I move to lay that the Fiscal Year 2006 budget request for Ms. MIKULSKI. Mr. President, I now motion on the table. that country, a mark worthy of defend- ask unanimous consent that amend- The motion to lay on the table was ing in conference. Credible elections in ment No. 1688, which was submitted by agreed to. March demonstrated that the country’s Senator STABENOW, be modified with AMENDMENT NO. 1662 political leaders are interested in Euro- the changes that are at the desk and, pean integration and increased polit- further, that the amendment be consid- Mr. SHELBY. Mr. President, I now ask for the regular order with respect ical and economic reforms. I encourage ered and agreed to with the motion to that country to implement proposed reconsider laid upon the table. to Sarbanes amendment No. 1662. The PRESIDING OFFICER. The reforms relating to the independence of The PRESIDING OFFICER. Without the judiciary and media, transparency objection, it is so ordered. amendment is now pending. Mr. SHELBY. Mr. President, this in parliamentary proceedings, partici- The amendment (No. 1688), as modi- pation in elections, local self-govern- fied, was agreed to, as follows: amendment has been cleared on both sides. I urge the adoption of the Sar- ment, legislative oversight of the exec- At the appropriate place, insert the fol- utive, and protection of human and lowing: banes amendment. Ms. MIKULSKI. I concur. civil rights. Such action will dem- SEC. ll. None of the funds made available onstrate the seriousness of Moldova’s in this Act may be used to include in any The PRESIDING OFFICER. Without new bilateral or multilateral trade agree- objection, the amendment is agreed to. intentions and strengthen its partner- ment the text of— The amendment (No. 1662) was agreed ships with the United States and Eu- (1) paragraph 2 of article 16.7 of the United to. rope. I look forward to continued demo- States-Singapore Free Trade Agreement; Mr. SHELBY. Mr. President, I move cratic progress in Egypt and Moldova. (2) paragraph 4 of article 17.9 of the United to reconsider the vote. States-Australia Free Trade Agreement; or f (3) paragraph 4 of article 15.9 of the United Ms. MIKULSKI. I move to lay that States-Morocco Free Trade Agreement. motion on the table. HONORING CHIEF JUSTICE Mr. SHELBY. Mr. President, I move The motion to lay on the table was WILLIAM H. REHNQUIST to reconsider the vote. agreed to. Mr. BAUCUS. Mr. President, I join in Ms. MIKULSKI. It has been laid upon Mr. SHELBY. Mr. President, I sug- acknowledging the life and service of the table. gest the absence of a quorum. Chief Justice William Rehnquist. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The His was a life of public service. Dur- ator from Alabama. clerk will call the roll. ing the Supreme Court’s 1951 and 1952 The legislative clerk proceeded to terms, he served as a law clerk for Jus- AMENDMENT NO. 1671 call the roll. tice Robert Jackson. From 1969 to 1971, Mr. SHELBY. Mr. President, I now Mr. SHELBY. I ask unanimous con- he served as Assistant Attorney Gen- call for the regular order with respect sent that the order for the quorum call eral in the Justice Department’s Office to DeWine amendment, No. 1671. be suspended. of Legal Counsel. And from January 7, The PRESIDING OFFICER. The The PRESIDING OFFICER. Without 1972, to his passing Saturday, he served amendment is now pending. objection, it is so ordered. on the Supreme Court. Through his life AMENDMENT NO. 1715 TO AMENDMENT NO. 1671 of service, Justice Rehnquist has left Mr. SHELBY. We have a second-de- f an indelible mark on this Nation. gree amendment which has been agreed In 1969, on appointing Judge Burger to on both sides. Therefore, on behalf as Chief Justice of the Supreme Court, MORNING BUSINESS of Senator DEWINE, I send the second- President Nixon had said: Our Chief degree amendment to the desk. Mr. SHELBY. I ask unanimous con- Justices have probably had more pro- The PRESIDING OFFICER. The sent that there now be a period of found and lasting influence on their clerk will report. morning business, with Senators per- times and on the direction of the na- The legislative clerk read as follows: mitted to speak for up to 10 minutes tion than most Presidents. The Senator from Alabama [Mr. SHELBY], each. President Nixon was right. And the for Mr. DEWINE, proposes an amendment The PRESIDING OFFICER. Without service of Chief Justice Rehnquist was numbered 1715 to amendment No. 1671. objection, it is so ordered. proof.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20304 CONGRESSIONAL RECORD—SENATE September 14, 2005 In 1971, President Nixon nominated categories to current hate crimes law, He continued: All the rifles which Justice Rehnquist to the Supreme sending a signal that violence of any U.S. soldiers use in every war, you can Court as an Associate Justice. And in kind is unacceptable in our society. buy them in a gun store or a gun show. 1986, President Reagan elevated him to Likewise, each Congress I have come to While he would not discuss the total the position of Chief Justice. In the the floor to highlight a separate hate number of .50-caliber rifles he shipped history of this Nation, only 16 men crime that has occurred in our coun- out of the country, the author of a have held this high office. Justice try. book about the subject estimated the Rehnquist presided over the court as On June 15, 2005, Dwan Prince was number to be several hundred. The au- Chief Justice for 19 years. Only three savagely beaten by three men as Prince thor told ‘‘60 Minutes’’ that on one oc- men served longer as Chief Justice: stood outside of his apartment building casion, the arms merchant and his as- Melville Weston Fuller, Roger Taney, in New York, NY. The apparent moti- sociates hid nearly one hundred .50-cal- and John Marshall. vation for the attack on Prince was his iber sniper rifles in a shipment of hu- I felt a tie with Justice Rehnquist, as sexual orientation. According to police, manitarian aid to Albanian refugees. he had attended Stanford University the three attackers shouted antigay For their report, ‘‘60 Minutes’’ also and Stanford Law School, a few years slurs throughout the attack on Prince. interviewed Joe Vince, a former senior ahead of me at both schools. In another I believe that the Government’s first official at the Bureau of Alcohol, To- one of those quirks of history, he at- duty is to defend its citizens, to defend bacco, Firearms, and Explosives. He tended the same Stanford Law School them against the harms that are born commented on our Nation’s gun laws class with Sandra Day O’Connor, who out of hate. The Local Law Enforce- by saying: We are the candy store for would later join him on the Supreme ment Enhancement Act is a symbol guns in the world. And it’s easy for Court. that can become substance. I believe people to acquire them here. I was also able to observe Chief Jus- that by passing this legislation and During his interview, Mr. Vince tice Rehnquist at close range, in 1999, changing current law, we can change called for computerized records of gun sales that would allow law enforcement when he presided over the Senate sit- hearts and minds as well. officials to look for patterns of buying ting in the Presidential impeachment f activity for high-powered firearms in- trial of President Clinton. Chief Jus- THE CANDY STORE FOR GUNS cluding .50-caliber sniper rifles. This tice Rehnquist had written a book on approach may be helpful for identi- impeachments. But more importantly, Mr. LEVIN. Mr. President, I have fying the gun trafficking operations his presence brought dignity and a consistently supported commonsense that arm criminals in our country as much-needed sense of humor to those legislation to help stop the flow of guns well as those that support militants in difficult proceedings. to the black market. Unfortunately, other parts of the world, including ter- At one point, he noted that a Senate the failure of Congress to act on sev- eral commonsense bills has allowed rorists. rule forbids both sides in the impeach- I have cosponsored the Fifty-Caliber criminals and terrorists continued po- ment trial from objecting to a ques- Sniper Weapon Regulation Act intro- tential easy access to guns. In addition tion. duced by Senator FEINSTEIN. This bill to endangering our families and com- From the Presiding Officer’s chair, would reclassify .50-caliber rifles under munities here in the United States, the Chief Justice wryly observed: The the National Firearms Act, treating congressional inaction may also be Parliamentarian says they can only ob- them the same as other high powered helping to fuel international traf- ject to an answer and not to a question, or especially lethal firearms like ma- ficking of powerful firearms. which is kind of an unusual thing. chine guns and sawed off shotguns. Earlier this year, the CBS news pro- The Chief Justice chuckled, and Sen- Among other things, reclassification of gram ‘‘60 Minutes’’ aired a segment ators laughed with him. .50-caliber sniper rifles under the NFA about the activities of an arms mer- At another point, Majority Leader would subject them to new registration chant who legally purchased high-pow- Lott asked how much time each side requirements. Future transfers or sales ered weapons here in the U.S. and had used. The Chief Justice checked of .50-caliber sniper rifles would have with the Parliamentarian and first an- smuggled them to the Kosovo Libera- to be conducted through a licensed nounced that the House Managers had tion Army to be used in their fight for dealer with an accompanying back- taken 54 minutes and the White House independence from Serbia. According ground check. In addition, the rifle had taken 57 minutes. But then the to him, the weapon of choice for the being sold would have to be registered Chief Justice said that he needed to KLA was the .50-caliber sniper rifle. with Federal authorities. correct himself, saying that the House Published reports indicate that .50- We have a responsibility to those we managers had actually used up 64 min- caliber sniper rifles are capable of ac- represent as well as to other nations to utes, not just 54 minutes. curately hitting a target more than help stop dangerous firearms from fall- House Manager Rogan, who was 1,500 yards away with a bullet meas- ing into the hands of people who seek scheduled to speak next, inquired: I uring a half inch in diameter. In addi- to use them for violence. I am hopeful trust that doesn’t mean I have to sit tion, these thumb-size bullets come in that the Congress will recognize the down, Mr. Chief Justice. armor-piercing, incendiary, and explo- danger of inaction and pass legislation The Chief Justice quipped in re- sive varieties that can easily punch to require registration of military sponse: It’s not retroactive. through aircraft fuselages, fuel tanks, style firearms like the .50-caliber snip- Mr. President, Chief Justice and engines. Under current law, .50-cal- er rifle. iber sniper rifles can be purchased by Rehnquist wrote many opinions with f which I do not agree. He was a very private individuals with only minimal conservative Justice. Federal regulation. In fact, these dan- TAIWAN-UNITED STATES But I will miss Chief Justice gerous weapons are treated the same as AGRICULTURAL AGREEMENT Rehnquist. He was a great figure of our other long rifles including shotguns, Mr. BROWNBACK. Mr. President, times. We will not forget him. hunting rifles, and smaller target ri- every 2 years or so, an agricultural f fles. buying mission from Taiwan visits the ‘‘60 Minutes’’ pointed out that this United States, to sign letters of intent LOCAL LAW ENFORCEMENT one individual made use of his easy ac- and contracts to buy billions of dollars ENHANCEMENT ACT OF 2005 cess to .50-caliber sniper rifles and worth of U.S. wheat, corn, soybeans Mr. SMITH. Mr. President, I rise other high-powered weapons to help and hides. As you can well imagine, today to speak about the need for hate outfit the KLA. He said: Anything you this practice has helped to guaranty an crimes legislation. Each Congress, Sen- need to run a small guerrilla army, you income to farmers across the country, ator KENNEDY and I introduce hate can buy here in America. You have all and helped to create jobs in commu- crimes legislation that would add new the guns you need here to fight a war. nities throughout this Nation.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20305 Between 1978 and 1993, Taiwan dis- medium of which he was a master, MEMORIAL FOUNDATION FOR THE patched 18 of these missions to this originated in Greece and reached a BLIND’S 100TH ANNIVERSARY country. Taiwan has an active ‘‘buy high degree of refinement during the Mr. KENNEDY. Mr. President, today American’’ program, which has helped Roman Republic. So he brought with I pay tribute to the Memorial Founda- to shrink our trade deficit over the him his classical training and influ- tion for the Blind in Worcester, MA as years. Hopefully, this robust trading ences and he became a master of that they celebrate a century of good deeds relationship between Taiwan and the tradition. He believed that the Capitol in the Commonwealth. I would espe- United States will continue for years required, as he put it, ‘‘a superior style cially like to congratulate the board of to come. I know for a fact that our of decoration in real fresco, like the directors on this special day, led by farmers and exporters, especially from palaces of Augustus and Nero.’’ In the President Lawrence M. Raymond and my home State of Kansas, deeply ap- Brumidi biography, by Capitol curator Vice President Janet LaBreck. Without preciate Taiwan’s business. Barbara Wolanin, she so aptly writes, the board’s leadership and dedication Our friends in Taiwan have helped ‘‘his originality lay in integrating this day may not have been possible. this country in other ways as well. American themes into his classical rep- For most of our Nation’s history, Whether it is full cooperation in the ertoire. He was inspired by the great blind and visually impaired men and global war on terror, significant mone- Renaissance artist Raphael, and he women, like all people with disabil- tary contributions to the Twin Towers emulated his design of scrolls and ities, were treated like second-class Fund, or their recent generous pledge leaves with birds and animals, but the citizens. They had fewer opportunities of $2,000,000 in aid for the victims of species of squirrels and mice he painted to succeed in school and work and par- Hurricane Katrina, we can always in the Senate Wing corridors were ticipate in the life of their commu- count on Taiwan to be there when we strictly American.’’ nities, and their special needs were too need them. often considered a burden without rem- Mr. President, I rise today to thank He spent 25 years painting in the edy and not worth addressing. our friends in Taiwan as they once Capitol Building, but that was not his Since those dark days, enormous again demonstrate their good will to- only commission. One of his most nota- progress has been made in promoting a wards the United States through the ble other great works is found in New life full of possibilities for blind and visit of this agricultural buying mis- York, at the Church of Our Lady of the visually impaired men and women. sion to my State, as well as those of Scapular and Saint Stephen, which is Leaders like Helen Keller changed many of my colleagues. in the Gramercy Park area of Manhat- hearts and minds by showing us all tan. My predecessor, Senator Moy- f that what is often seen as a limitation nihan, recognized the importance of can be a blessing in disguise. But much COMMMORATION OF THE 200TH AN- Brumidi’s work at Saint Stephen’s of the credit also goes to local organi- NIVERSARY OF THE BIRTH OF years ago. Commissioned in 1866, zations such as the memorial founda- CONSTANTINO BRUMIDI Brumidi painted a huge mural of tion, that cared about these basic Mrs. CLINTON. Mr. President, this is Christ’s crucifixion over the church’s issues and stood up for civil rights. It such a happy occasion and I am de- high altar, in addition to 43 murals and represents the best in progressive phil- lighted that so many of you who know paintings around the walls. He was ac- anthropic organizations that changed the importance of this extraordinary claimed for this work, and you can see communities one at a time, and en- artist-citizen’s work could join us. I why as you look through the Capitol, couraged the rest of the Nation to fol- want to thank Speaker HASTERT and and I also hope you will also visit Saint low suit. Their great legacy is a strong- Senator STEVENS, as well as our leaders Stephen’s. The church is engaged in an er and fairer America. in the Senate, Senator FRIST and Sen- important effort to preserve Brumidi’s In Worcester County, the foundation ator REID, my colleague Senator ENZI, work, and I personally hope that this operated a special home and provided Congressmen PASCRELL and BILIRAKIS, ceremony and the 200th anniversary of support services for many years, mak- and of course Ambassador Boggs. It is his birth will help draw attention to ing sure that a safe and welcoming so wonderful that we are here in this that effort. shelter existed in the community. In historic building, where Americans can 1960 it shifted its focus to providing fi- As we have learned from years of ef- see the best of our democracy in ac- nancial assistance to one and later on fort, preserving and restoring tion. I often just shake my head and to many agencies and organizations in Brumidi’s work is enormously impor- wonder as I walk through the Capitol— the community that exemplify its giv- tant. For decades it was obscured by its beauty, its iconic power really defy ing spirit. They continue to do so moisture and leaks, and gas torch light my attempts at articulation. More today, adapting to new developments, residue, but finally in the 1980s and the than any other building, it is the exte- supporting assistive technologies and 1990s his work had begun to be restored rior of the Capitol that we associate giving blind and visually impaired men with the freedoms, values, and privi- to its original splendor. I remember and women unprecedented new inde- leges of American citizenship. But on coming in late at night in the Capitol pendence. the inside we tell so many stories on numerous occasions in the past 10 or This new century holds great promise about who we are as a people, what our 15 years and seeing the restorers work- for further extraordinary progress, es- aspirations and our dreams might be. ing so meticulously to preserve and en- pecially in the area of employment. I Constantino Brumidi was 47 years hance and once again reveal the full am proud to join the memorial founda- old, a painter, when he came to our beauty of his work. tion in its ongoing efforts for greater shores. As is often the case with the Yes, he was an artist-citizen. He used justice and equality. You represent the immigrant experience, he landed here his artistry on behalf of his citizenship, very best in our Commonwealth and with nothing but a dream, and within a and he used his citizenship to elevate our Nation. relatively short period of years he was his art. He is reported to have said, f here at the Capitol, using his talent ‘‘My one ambition and my daily prayer ADDITIONAL STATEMENTS and the great tradition that he exalted, is that I may live long enough to make to turn the interior of our Capitol into beautiful the Capitol of the one coun- something much more alive and real try on Earth in which there is liberty.’’ SALUTE TO EDWIN LEE ALLEN than just the walls and the columns I believe his daily prayer was answered ∑ Mr. HARKIN. Mr. President, I rise that held it up. He had a Greek father, and I am delighted that so many of us today in celebration of the 95th birth- an Italian mother; some might very could be here to recognize and cele- day later this week of a truly beloved well say the best of both worlds. And brate the 200th anniversary of his Iowa artist, Lee Allen. the coincidence should not be lost on birth, but even more the work he did Born in Muscatine on September 16, us, that classical wall painting, the which has stood the test of time. 1910, Edwin Lee Allen has called Iowa

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20306 CONGRESSIONAL RECORD—SENATE September 14, 2005 home for his entire life. The son of an which will be observed later this week consin. These citizens’ efforts were fi- engineer, Lee was raised with a unique but officially occurs on October 3, 2005. nally recognized when, in 1971, the blend of curiosity and problem-solving This anniversary is an appropriate State of Wisconsin cooperated with the ability. As a young boy, his father gave time to celebrate not just the breath- National Park Service to create the Ice him a set of oil paints and Lee quickly taking beauty of our natural sur- Age National Scientific Reserve. Fi- developed into an excellent artist. At roundings or the accomplishments of nally, in 1980—over 20 years after Mr. the age of 18, Lee won a blue ribbon for and opportunities provided by a cher- Zillmer’s work began—Congress recog- oil painting at the Iowa State fair. An- ished unit of the National Park Service nized the national significance of our other artist who won an award at that over the past 25 years. It also gives us landscape and the importance of shar- fair was Grant Wood, later to become the chance to mark the achievements ing it with the country and designated famous for his painting ‘‘American that are possible when a dedicated the Ice Age Trail as a National Scenic Gothic.’’ Lee and Grant Wood became group of volunteers commit themselves Trail. friends and, as director of a Federal to a long-term vision of improving Our trail is administered jointly by fine arts project during the Depression, their environment, their communities, the Wisconsin Department of Natural Grant Wood asked Lee to work for him. their State, and their country. Resources, the Ice Age Park and Trail In 1935, Lee studied under Diego Ri- Much of North America’s landscape Foundation, and the National Park vera in Mexico City. Upon returning to was formed by retreating ice sheets Service, but it is the efforts of volun- Iowa City, Lee won a competition to some 15,000 years ago and the beauty teers that truly make the trail shine. paint murals for post offices. Two were this retreat exposed surrounds each of From those as young as 11 to those in produced. One, ‘‘Soil Conservation,’’ us. However, it is the two-thirds of their 70s, I salute the volunteers who still hangs in the Onawa post office, Wisconsin that were shaped during this are committed to improving our Ice and another, ‘‘Conservation of Wild- glacial movement whose majestic Age National Scenic Trail. Their ac- life,’’ hangs in the Emmetsburg post of- beauty is, quite simply, unmatched. I tions carry on the vision of past Wis- fice. ‘‘Soil Conservation’’ was selected know that all Wisconsinites appreciate consinites to leave their surroundings for the American Century exhibit at the special places that owe their exist- a bit better off than they found them. the Whitney Museum of American Art ence to these glacial changes—from our Over the past 25 years, the trail has in 1999. thousands of inland lakes and streams flourished. It has grown tremendously In 1937, Lee began working for the to our meandering eskers and rolling and today there are many segments University of Iowa as a medical illus- moraines, and from the top of Timm’s proposed for inclusion. I can’t wait to trator in the Eye Department. He Hill down to the gravelly shores of watch as the next 25 years go by. In quickly distinguished himself as a Lake Michigan. fact, I look forward to participating in medical illustrator, but also made Wisconsin’s geological history com- the 50th anniversary celebration! many contributions to the medical pro- municates a fascinating story and the In closing, I congratulate the Ice Age fession. For example, in 1941, frustrated Ice Age National Scenic Trail helps to National Scenic Trail on its 25th anni- with then-current gonioprisms, Lee de- both preserve that story, by protecting versary and commend all those associ- veloped the ‘‘Allen-Thorpe Goniprism,’’ the scenic beauty, and to tell that ated with it for their efforts to make it which was sold by the Bausch and story, by allowing people the oppor- one of the most outstanding parts of Lomb Company. He also developed the tunity to explore it. The trail, which the National Trails System.∑ ‘‘Allen Dot’’ which diminished flare starts in Green Bay, follows the path of f and reflections on cameras designed for the Wisconsin Glaciation, stretches for 100TH ANNIVERSARY OF THE UNI- photographing eyes. more than 1,000 miles across the State, VERSITY OF NORTH DAKOTA Following World War II, Lee began and finally ends at the Interstate State SCHOOL OF MEDICINE AND making artificial eyes. And in 1976, he Park Ice Age Reserve Unit at the HEALTH SCIENCES retired from the University of Iowa to Dalles of the St. Croix River. Through- open his own company, Iowa Eye Pros- out its meanderings, the trail takes ∑ Mr. CONRAD. Mr. President, I rise thetics. Using the same scientific mind you on a journey like no other. today to recognize the outstanding and artist’s skill, Lee revolutionized In addition to learning about the geo- achievements of the School of Medicine the process of making artificial eyes. logical history of Wisconsin, a visitor and Health Sciences at the University His development of the ‘‘painting lens’’ to the trail will find a multitude of rec- of North Dakota, UND, as it celebrates allowed ocularists—artificial eye arti- reational opportunities. These activi- 100 years of excellence, innovation and sans—to develop incredibly com- ties can be equally enjoyed by individ- service. On September 30 through Octo- fortable and life-like artificial eyes. uals seeking solitude and by groups ber 1, the students, faculty, and alumni His Iowa Eye Implant provided for a and families who want to increase their of the UND School of Medicine and very natural eye movement. Because of togetherness. All areas on the Ice Age Health Sciences will gather to cele- Lee’s success and dedication, today ar- Trail encourage hiking and back- brate their institution’s history and tificial eyes look every bit as natural packing, and some portions permit founding. as the real thing. non-motorized sports such as bicycling, As the only medical school in the Throughout his career, Lee continued horseback riding, cross-country skiing, State of North Dakota, the School of to paint and win awards, and his art snowshoeing, and jogging. I cannot Medicine and Health Sciences has hangs in museums across the country. think of a better place to engage in played a key role in ensuring access to Today, Lee is fully retired and lives these activities than along the Ice Age quality health care in our region. When in Iowa City, welcoming the oppor- Trail. the School was established by the tunity to spend time with his three The stories associated with the trail North Dakota State Legislature in daughters, Loredo, Mary Lee, and Eliz- aren’t only about the geological his- 1905, most of the State’s citizens were abeth. I wish him the best on this his tory of our State. The trail also tells farmers living in areas with little or no 95th birthday, and thank him for his the story of individuals working to ful- medical care. Throughout the past 100 contributions to art, medicine, and fill a dream. In the 1950s, the late Ray years, the UND School of Medicine and America.∑ Zillmer, of Milwaukee, envisioned a Health Sciences has maintained its f trail spanning across Wisconsin’s gla- focus on training health professionals cial landscape. In 1958, the Ice Age that seek to practice in rural areas. 25TH ANNIVERSARY OF THE ICE Park and Trail Foundation was formed The school has educated nearly half of AGE NATIONAL SCENIC TRAIL by a grassroots movement of Wisconsin all practicing doctors in North Dakota ∑ Mr. FEINGOLD. Mr. President, today citizens interested in promoting the and almost 80 percent of the physician I wish to honor the 25th anniversary of creation of a national park that would assistants and physical and occupa- the Ice Age National Scenic Trail, recognize the glacial footprint in Wis- tional therapists. The school has also

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20307 trained medical doctors and other Emergency Management Agency for car- Projects); to the Committee on Banking, health professionals for service on res- rying out the national flood insurance pro- Housing, and Urban Affairs. ervations through its Indians Into Med- gram. EC–3729. A communication from the Chair- icine program. The enrolled bills were signed subse- man and President, Export-Import Bank of One of the most notable offices with- quently by the President pro tempore the United States, transmitting, pursuant to law, a report relative to transactions involv- in the School of Medicine and Health (Mr. STEVENS). ing U.S. exports to Mexico (Cantarell oil Sciences is the Center for Rural field); to the Committee on Banking, Hous- Health. As one of the Nation’s top re- At 11:14 a.m., a message from the ing, and Urban Affairs. sources for rural health research and House of Representatives, delivered by EC–3730. A communication from the Dep- policy, the Center for Rural Health has Ms. Niland, one of its reading clerks, uty Secretary of State, transmitting, pursu- been recognized again and again for its announced that the House has passed ant to law, a report entitled ‘‘Authorization work in studying and improving rural the following bills, in which it requests for Use of Military Force Against Iraq Reso- health. The center is home to the Na- the concurrence of the Senate: lution of 2002 (April 15—June 15, 2005)’’; to the Committee on Foreign Relations. H.R. 539. An act to designate certain Na- tion’s only Rural Assistance Center, a EC–3731. A communication from the Gen- tional Forest System land in the Common- clearinghouse for rural health pro- eral Counsel, Federal Emergency Manage- wealth of Puerto Rico as a component of the viders and communities to access the ment Agency, Department of Homeland Se- National Wilderness Preservation System. full range of funding and research op- curity, transmitting, pursuant to law, the re- H.R. 3649. An act to ensure funding for port of a rule entitled ‘‘Final Flood Ele- portunities. sportfishing and boating safety programs vation Determinations’’ ((70 FR 43056)(44 The School of Medicine and Health funded out of the Highway Trust Fund CFR Part 67)) received on August 23, 2005; to Sciences has also focused resources on through the end of fiscal year 2005, and for the Committee on Banking, Housing, and medical research. As one of eleven na- other purposes. Urban Affairs. tionwide sites with the advanced tech- The message also announced that the EC–3732. A communication from the Gen- nology to study neurodegenerative dis- House has passed the following bill, eral Counsel, Federal Emergency Manage- eases, the school has utilized its sci- without amendment: ment Agency, Department of Homeland Se- entists and resources to study diseases S. 276. An act to revise the boundary of the curity, transmitting, pursuant to law, the re- and conditions that affect people in the Wind Cave National Park in the State of port of a rule entitled ‘‘Changes in Flood Midwest region, including diabetes, South Dakota. Elevation Determinations’’ ((70 FR 43055)(Docket No. FEMA–D–7575)(44 CFR Part cancer, fetal alcohol syndrome, and The message further announced that Parkinson’s. Over the past 10 years, the 65)) received on August 23, 2005; to the Com- the House has agreed to the following mittee on Banking, Housing, and Urban Af- school has attracted nearly $30 million concurrent resolution, without amend- fairs. in Federal grant funding. ment: EC–3733. A communication from the Gen- The UND School of Medicine and eral Counsel, Federal Emergency Manage- Health Sciences has provided a century S. Con. Res. 26. Concurrent resolution hon- oring and memorializing the passengers and ment Agency, Department of Homeland Se- of excellence, innovation, and service crew of I United Airlines Flight 93. curity, transmitting, pursuant to law, the re- to not only its students and faculty, port of a rule entitled ‘‘Final Flood Ele- but to the entire State of North Da- f vation Determinations’’ ((70 FR 43067)(44 CFR Part 67)) received on August 23, 2005; to kota. The school has grown and ex- MEASURES REFERRED panded over the past 100 years, but has the Committee on Banking, Housing, and The following bill was read the first Urban Affairs. remained committed to educating fu- and the second times by unanimous EC–3734. A communication from the Gen- ture health care providers. I ask the consent, and referred as indicated: eral Counsel, Federal Emergency Manage- Senate to join me in congratulating ment Agency, Department of Homeland Se- the School of Medicine and Health H.R. 539. An act to designate certain Na- curity, transmitting, pursuant to law, the re- tional Forest System land in the Common- port of a rule entitled ‘‘Final Flood Ele- Sciences on its first 100 years of service wealth of Puerto Rico as components of the to North Dakota and in wishing it well vation Determinations’’ ((70 FR 47129)(44 National Wilderness Preservation System; to CFR Part 67)) received on August 31, 2005; to as it embarks on the next century. By the Committee on Energy and Natural Re- honoring the UND School of Medicine the Committee on Banking, Housing, and sources. Urban Affairs. and Health Sciences, we recognize the f EC–3735. A communication from the Gen- unique contributions that smaller, eral Counsel, Federal Emergency Manage- community-based medical schools have EXECUTIVE AND OTHER ment Agency, Department of Homeland Se- made to our Nation’s health care sys- COMMUNICATIONS curity, transmitting, pursuant to law, the re- tem, particularly in rural areas.∑ The following communications were port of a rule entitled ‘‘Final Flood Ele- vation Determinations’’ ((70 FR 47128)(44 f laid before the Senate, together with CFR Part 67)) received on August 31, 2005; to MESSAGES FROM THE HOUSE accompanying papers, reports, and doc- the Committee on Banking, Housing, and uments, and were referred as indicated: Urban Affairs. EC–3726. A communication from the Dep- EC–3736. A communication from the Gen- ENROLLED BILLS SIGNED uty General Counsel for Equal Opportunity eral Counsel, Federal Emergency Manage- At 9:38 a.m., a message from the and Administrative Law, Office of General ment Agency, Department of Homeland Se- Counsel, Department of Housing and Urban curity, transmitting, pursuant to law, the re- House of Representatives, delivered by Development, transmitting, pursuant to law, port of a rule entitled ‘‘Suspension of Com- Ms. Niland, one of its reading clerks, the report of nomination notifications for munity Eligibility’’ ((70 FR 48481)(Docket announced that the Speaker of the four Presidentially-appointed Senate-con- No. FEMA-7889)(44 CFR Part 64)) received on House of Representatives has signed firmed positions within the Department of August 31, 2005; to the Committee on Bank- the following enrolled bills: Housing and Urban Development received on ing, Housing, and Urban Affairs. S. 252. An act to direct the Secretary of the August 23, 2005; to the Committee on Bank- EC–3737. A communication from the Gen- Interior to convey certain land in Washoe ing, Housing and Urban Affairs. eral Counsel, Federal Emergency Manage- County, Nevada, to the Board of Regents of EC–3727. A communication from the Acting ment Agency, Department of Homeland Se- the University and Community College Sys- Chairman and President, Export-Import curity, transmitting, pursuant to law, the re- tem of Nevada. Bank of the United States, transmitting, port of a rule entitled ‘‘Changes in Flood S. 264. An act to amend the Reclamation pursuant to law, a report relative to trans- Elevation Determinations’’ ((70 FR 40913)(44 Wastewater and Groundwater Study and Fa- actions involving U.S. exports to the United CFR Part 65)) received on August 31, 2005; to cilities Act to authorize certain projects in Arab Emirates; to the Committee on Bank- the Committee on Banking, Housing, and the State of Hawaii. ing, Housing, and Urban Affairs. Urban Affairs. H.R. 804. An act to exclude from consider- EC–3728. A communication from the Chair- EC–3738. A communication from the Gen- ation as income certain payments under the man and President, Export-Import Bank of eral Counsel, Federal Emergency Manage- national flood insurance program. the United States, transmitting, pursuant to ment Agency, Department of Homeland Se- H.R. 3669. An act to temporarily increase law, a report relative to transactions involv- curity, transmitting, pursuant to law, the re- the borrowing authority of the Federal ing U.S. exports to Mexico (New Pidiregas port of a rule entitled ‘‘Changes in Flood

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20308 CONGRESSIONAL RECORD—SENATE September 14, 2005 Elevation Determinations’’ ((70 FR 40909)(44 Policy, Executive Office of the President, By Mr. KERRY: CFR Part 65)) received on August 31, 2005; to transmitting, pursuant to law, the report of S. 1703. A bill to provide for the develop- the Committee on Banking, Housing, and a nomination for the position of Deputy Di- ment and implementation of an emergency Urban Affairs. rector for Demand Reduction, received on backup communications system; to the Com- EC–3739. A communication from the Gen- August 31, 2005; to the Committee on the Ju- mittee on Homeland Security and Govern- eral Counsel, Federal Emergency Manage- diciary. mental Affairs. ment Agency, Department of Homeland Se- EC–3749. A communication from the Dep- By Mr. DORGAN: curity, transmitting, pursuant to law, the re- uty General Counsel and Designated Report- S. 1704. A bill to prohibit the use of Federal port of a rule entitled ‘‘Suspension of Com- ing Official, Office of National Drug Control funds for the taking of property by eminent munity Eligibility’’ ((70 FR 38038)(Docket Policy, Executive Office of the President, domain for economic development; to the No. FEMA–7883)(44 CFR Part 64)) received on transmitting, pursuant to law, the report of Committee on the Judiciary. August 31, 2005; to the Committee on Bank- a nomination for the position of Deputy Di- By Mr. SALAZAR: ing, Housing, and Urban Affairs. rector for Supply Reduction, received on Au- S. 1705. A bill to allow a credit against in- EC–3740. A communication from the Gen- gust 31, 2005; to the Committee on the Judi- come tax for providing housing to victims of eral Counsel, Federal Emergency Manage- ciary. Hurricane Katrina and to amend the Internal ment Agency, Department of Homeland Se- EC–3750. A communication from the Rules Revenue Code of 1986 to waive the limitation curity, transmitting, pursuant to law, the re- Administrator, Federal Bureau of Prisons, on charitable donations by individuals for port of a rule entitled ‘‘Final Flood Ele- Department of Justice, transmitting, pursu- donations for the relief of the victims of Hur- vation Determinations’’ ((70 FR 40915)(44 ant to law, the report of a rule entitled ‘‘In- ricane Katrina; to the Committee on Fi- CFR Part 67)) received on August 31, 2005; to mate Fees for Health Care Services’’ nance. the Committee on Banking, Housing, and ((RIN1120-AB11)(70 FR 43047)) received on Au- By Ms. LANDRIEU: Urban Affairs. gust 31, 2005; to the Committee on the Judi- S.J. Res. 24. A joint resolution proposing EC–3741. A communication from the Assist- ciary. an amendment to the Constitution of the ant Legal Adviser for Treaty Affairs, Depart- f United States relative to the reference to ment of State, transmitting, pursuant to the INTRODUCTION OF BILLS AND God in the Pledge of Allegiance and on Case-Zablocki Act, 1 U.S.C. 112b, as amended, United States currency; to the Committee on the report of the texts and background state- JOINT RESOLUTIONS the Judiciary. ments of international agreements, other The following bills and joint resolu- than treaties (List 05-200—05-213); to the tions were introduced, read the first f Committee on Foreign Relations. and second times by unanimous con- SUBMISSION OF CONCURRENT AND EC–3742. A communication from the Acting sent, and referred as indicated: Assistant Secretary, Legislative Affairs, De- SENATE RESOLUTIONS By Mr. SMITH (for himself and Mr. partment of State, transmitting, pursuant to The following concurrent resolutions law, a report relative to action taken by the BINGAMAN): S. 1697. A bill to amend the Internal Rev- and Senate resolutions were read, and Department of State in response to the pro- enue Code of 1986 to allow the Hope Scholar- gram recommendations of the Baghdad referred (or acted upon), as indicated: ship Credit to cover fees, books, supplies, and (Mollen) Accountability Review Board; to By Mr. VOINOVICH (for himself, Mr. equipment and to exempt Federal Pell the Committee on Foreign Relations. LUGAR, and Mr. BIDEN): Grants and Federal supplemental edu- EC–3743. A communication from the Acting S. Res. 237. A resolution expressing the cational opportunity grants from reducing Assistant Secretary, Legislative Affairs, De- sense of the Senate on reaching an agree- expenses taken into account for the Hope partment of State, transmitting, pursuant to ment on the future status of Kosovo; to the Scholarship Credit; to the Committee on Fi- law, a report relative to U.S. Contributions Committee on Foreign Relations. nance. to the International Fund for Ireland in Fis- By Mr. FRIST (for himself, Mr. SALA- By Mr. KERRY (for himself and Mr. cal Year 2005; to the Committee on Foreign ZAR, Mr. MARTINEZ, Mr. ALEXANDER, LUGAR): Mr. ALLEN, Mr. BURR, Mr. CHAMBLISS, Relations. S. 1698. A bill to accelerate efforts to de- Mr. COCHRAN, Mr. COLEMAN, Mr. EC–3744. A communication from the Acting velop vaccines for diseases primarily affect- CRAPO, Mr. GRASSLEY, Mr. HAGEL, Assistant Secretary, Legislative Affairs, De- ing developing countries and for other pur- Mr. INHOFE, Mr. MCCAIN, Mr. NELSON partment of State, transmitting, pursuant to poses; to the Committee on Finance. of Florida, Mr. OBAMA, Mr. ROBERTS, law, the report of a rule entitled ‘‘Amend- By Mr. SPECTER (for himself, Mr. ments to the International Traffic in Arms Mr. SANTORUM, Mr. STEVENS, Mr. LEAHY, Mr. HATCH, Mr. DEWINE, Mr. Regulations: Port Directors Definition, TALENT, and Mr. VOINOVICH): CORNYN, Mr. BROWNBACK, Mr. VOINO- NATO Definition, Major Non-NATO Ally Def- S. Res. 238. A resolution recognizing His- VICH, Mr. FEINGOLD, Mr. LEVIN, Mr. inition, Recordkeeping Requirements, Sup- panic Heritage Month and celebrating the BAYH, Mr. REED, and Ms. STABENOW): porting Documentation for Electronic Li- S. 1699. A bill to amend title 18, United vast contributions of Hispanic Americans to cense Applications, Disclosure of Registra- States Code, to provide criminal penalties the strength and culture of our Nation; con- tion Documents’’ (22 CFR Parts 120, 122, 123, for trafficking in counterfeit marks; to the sidered and agreed to. 124, 126, and 127) received on August 22, 2005; Committee on the Judiciary. f to the Committee on Foreign Relations. By Mr. COBURN (for himself, Mr. EC–3745. A communication from the Acting OBAMA, Mr. FRIST, Mr. REID, Mr. ADDITIONAL COSPONSORS Assistant Secretary, Legislative Affairs, De- LAUTENBERG, Mr. CARPER, and Mr. partment of State, transmitting, pursuant to DEMINT): S. 98 law, the fifty-third report on the extent and S. 1700. A bill to establish an Office of the At the request of Mr. ALLARD, the disposition of United States contributions to Hurricane Katrina Recovery Chief Financial name of the Senator from Illinois (Mr. international organizations for fiscal year Officer, and for other purposes; to the Com- OBAMA) was added as a cosponsor of S. 2004; to the Committee on Foreign Relations. mittee on Homeland Security and Govern- EC–3746. A communication from the Na- mental Affairs. 98, a bill to amend the Bank Holding tional Treasurer, American Ex-Prisoners of By Mr. THOMAS (for himself and Mr. Company Act of 1956 and the Revised War, transmitting, pursuant to law, the ENZI): Statutes of the United States to pro- American Ex-Prisoners of War, Inc. Finan- S. 1701. A bill to amend the Surface Mining hibit financial holding companies and cial Statements with the Independent Audi- Control and Reclamation Act of 1977 to im- national banks from engaging, directly tors report for the year ended August 31, prove the reclamation of abandoned mines; or indirectly, in real estate brokerage 2004; to the Committee on the Judiciary. to the Committee on Energy and Natural Re- or real estate management activities, EC–3747. A communication from the Dep- sources. and for other purposes. uty Assistant Administrator, Office of Diver- By Mr. VITTER (for himself, Ms. LAN- sion Control, Drug Enforcement Administra- DRIEU, Mr. COCHRAN, Mr. LOTT, Mr. S. 114 tion, Department of Justice, transmitting, INHOFE, Mr. BOND, and Mr. JEF- At the request of Mr. KERRY, the pursuant to law, the report of a rule entitled FORDS): name of the Senator from South Da- ‘‘Reports by Registrants of Theft or Signifi- S. 1702. A bill to modify requirements kota (Mr. JOHNSON) was added as a co- cant Loss of Controlled Substances’’ under the emergency relief program under sponsor of S. 114, a bill to amend titles (RIN1117-AA73) received on August 31, 2005; title 23, United States Code, with respect to to the Committee on the Judiciary. projects for repair or reconstruction in re- XIX and XXI of the Social Security Act EC–3748. A communication from the Dep- sponse to damage caused by Hurricane to ensure that every uninsured child in uty General Counsel and Designated Report- Katrina; to the Committee on Environment America has health insurance cov- ing Official, Office of National Drug Control and Public Works. erage, and for other purposes.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20309

S. 246 the Nation’s ports by providing Federal Oregon (Mr. SMITH) and the Senator At the request of Mr. BUNNING, the grants to support Area Maritime from Vermont (Mr. JEFFORDS) were names of the Senator from Wyoming Transportation Security Plans and to added as cosponsors of S. 1272, a bill to (Mr. ENZI) and the Senator from Or- address vulnerabilities in port areas amend title 46, United States Code, and egon (Mr. SMITH) were added as cospon- identified in approved vulnerability as- title II of the Social Security Act to sors of S. 246, a bill to repeal the sunset sessments or by the Secretary of provide benefits to certain individuals of the Economic Growth and Tax Relief Homeland Security. who served in the United States mer- Reconciliation Act of 2001 with respect S. 912 chant marine (including the Army to the expansion of the adoption credit At the request of Mr. FEINGOLD, the Transport Service and the Naval and adoption assistance programs. name of the Senator from Connecticut Transport Service) during World War S. 309 (Mr. LIEBERMAN) was added as a co- II. At the request of Mr. DEMINT, the sponsor of S. 912, a bill to amend the S. 1309 name of the Senator from Pennsyl- Federal Water Pollution Control Act to At the request of Mr. BAUCUS, the vania (Mr. SANTORUM) was added as a clarify the jurisdiction of the United name of the Senator from Delaware cosponsor of S. 309, a bill to amend the States over waters of the United (Mr. CARPER) was added as a cosponsor Internal Revenue Code of 1986 to pro- States. of S. 1309, a bill to amend the Trade Act of 1974 to extend the trade adjust- vide for the disposition of unused S. 1038 health benefits in cafeteria plans and ment assistance program to the serv- At the request of Mr. LUGAR, the ices sector, and for other purposes. flexible spending arrangements. name of the Senator from Wisconsin S. 1313 S. 381 (Mr. FEINGOLD) was added as a cospon- At the request of Mr. CORNYN, the At the request of Mr. CONRAD, the sor of S. 1038, a bill to amend the Farm name of the Senator from Georgia (Mr. name of the Senator from North Da- Security and Rural Investment Act of CHAMBLISS) was added as a cosponsor of kota (Mr. DORGAN) was added as a co- 2002 to enhance the ability to produce S. 1313, a bill to protect homes, small sponsor of S. 381, a bill to amend the fruits and vegetables on covered com- businesses, and other private property Internal Revenue Code of 1986 to en- modity base acres. courage guaranteed lifetime income rights, by limiting the power of emi- S. 1117 payments from annuities and similar nent domain. At the request of Mr. LIEBERMAN, the payments of life insurance proceeds at S. 1369 name of the Senator from Minnesota dates later than death by excluding At the request of Mr. TALENT, the (Mr. COLEMAN) was added as a cospon- from income a portion of such pay- names of the Senator from North Caro- sor of S. 1117, a bill to deepen the ments. lina (Mr. BURR) and the Senator from peaceful business and cultural engage- S. 385 Iowa (Mr. GRASSLEY) were added as co- ment of the United States and the Peo- sponsors of S. 1369, a bill to establish At the request of Mr. DAYTON, his ple’s Republic of China, and for other an Unsolved Crimes Section in the name was added as a cosponsor of S. purposes. 385, a bill to amend the Food Security Civil Rights Division of the Depart- S. 1120 Act of 1985 to restore integrity to and ment of Justice. strengthen payment limitation rules At the request of Mr. DURBIN, the S. 1405 for commodity payments and benefits. name of the Senator from Illinois (Mr. At the request of Mr. NELSON of Ne- OBAMA) was added as a cosponsor of S. braska, the names of the Senator from S. 633 1120, a bill to reduce hunger in the Maine (Ms. SNOWE), the Senator from At the request of Mr. JOHNSON, the United States by half by 2010, and for Minnesota (Mr. DAYTON), the Senator name of the Senator from Hawaii (Mr. other purposes. from Virginia (Mr. WARNER) and the AKAKA) was added as a cosponsor of S. Senator from Virginia (Mr. ALLEN) 633, a bill to require the Secretary of S. 1143 At the request of Mr. ENZI, the name were added as cosponsors of S. 1405, a the Treasury to mint coins in com- bill to extend the 50 percent compli- memoration of veterans who became of the Senator from Montana (Mr. BAU- CUS) was added as a cosponsor of S. ance threshold used to determine disabled for life while serving in the whether a hospital or unit of a hospital Armed Forces of the United States. 1143, a bill to provide death and dis- ability benefits for aerial firefighters is an inpatient rehabilitation facility S. 776 who work on a contract basis for a pub- and to establish the National Advisory At the request of Mr. JOHNSON, the Council on Medical Rehabilitation. name of the Senator from West Vir- lic agency and suffer death or dis- ability in the line of duty, and for S. 1496 ginia (Mr. BYRD) was added as a co- other purposes. At the request of Mr. CRAPO, the sponsor of S. 776, a bill to designate name of the Senator from Michigan S. 1172 certain functions performed at flight (Ms. STABENOW) was added as a cospon- At the request of Mr. SPECTER, the service stations of the Federal Avia- sor of S. 1496, a bill to direct the Sec- name of the Senator from South Da- tion Administration as inherently gov- retary of the Interior to conduct a kota (Mr. JOHNSON) was added as a co- ernmental functions, and for other pur- pilot program under which up to 15 sponsor of S. 1172, a bill to provide for poses. States may issue electronic Federal programs to increase the awareness S. 842 migratory bird hunting stamps. and knowledge of women and health At the request of Mr. KENNEDY, the S. 1527 care providers with respect to name of the Senator from Arkansas At the request of Mr. KENNEDY, the gynecologic cancers. (Mrs. LINCOLN) was added as a cospon- name of the Senator from Illinois (Mr. S. 1197 sor of S. 842, a bill to amend the Na- DURBIN) was added as a cosponsor of S. tional Labor Relations Act to establish At the request of Mr. BIDEN, the 1527, a bill to amend the Public Health an efficient system to enable employ- name of the Senator from Hawaii (Mr. Service Act with respect to immuniza- ees to form, join, or assist labor organi- AKAKA) was added as a cosponsor of S. tions against vaccine-preventable dis- zations, to provide for mandatory in- 1197, a bill to reauthorize the Violence eases, including influenza, and for junctions for unfair labor practices Against Women Act of 1994. other purposes. during organizing efforts, and for other At the request of Mr. SPECTER, the S. 1597 purposes. name of the Senator from Texas (Mr. At the request of Mr. ENZI, the name S. 855 CORNYN) was added as a cosponsor of S. of the Senator from Maine (Ms. SNOWE) At the request of Ms. COLLINS, the 1197, supra. was added as a cosponsor of S. 1597, a name of the Senator from Georgia (Mr. S. 1272 bill to award posthumously a Congres- ISAKSON) was added as a cosponsor of S. At the request of Mr. NELSON of Ne- sional gold medal to Constantino 855, a bill to improve the security of braska, the names of the Senator from Brumidi.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20310 CONGRESSIONAL RECORD—SENATE September 14, 2005 S. 1637 AMENDMENT NO. 1654 agencies for the fiscal year ending Sep- At the request of Mr. REID, the At the request of Mr. DAYTON, the tember 30, 2006, and for other purposes. names of the Senator from Maryland names of the Senator from Florida (Mr. AMENDMENT NO. 1703 (Mr. SARBANES) and the Senator from NELSON) and the Senator from North At the request of Mr. PRYOR, the Indiana (Mr. BAYH) were added as co- Dakota (Mr. CONRAD) were added as co- names of the Senator from Nebraska sponsors of S. 1637, a bill to provide sponsors of amendment No. 1654 pro- (Mr. NELSON), the Senator from New emergency relief to meet the imme- posed to H.R. 2862, a bill making appro- Mexico (Mr. BINGAMAN), the Senator diate needs of survivors of Hurricane priations for Science, the Departments from North Dakota (Mr. DORGAN), the Katrina for health care, housing, edu- of State, Justice, and Commerce, and Senator from Hawaii (Mr. INOUYE), the cation, and financial relief, and for related agencies for the fiscal year end- Senator from Wisconsin (Mr. FEIN- other purposes. ing September 30, 2006, and for other GOLD), the Senator from Illinois (Mr. S. 1638 purposes. DURBIN), the Senator from Connecticut (Mr. DODD), the Senator from Massa- At the request of Mr. OBAMA, the AMENDMENT NO. 1661 name of the Senator from Iowa (Mr. At the request of Mr. BIDEN, the chusetts (Mr. KERRY) and the Senator from Delaware (Mr. CARPER) were HARKIN) was added as a cosponsor of S. name of the Senator from Michigan 1638, a bill to provide for the establish- (Ms. STABENOW) was added as a cospon- added as cosponsors of amendment No. ment of programs and activities to as- sor of amendment No. 1661 proposed to 1703 proposed to H.R. 2862, a bill mak- ing appropriations for Science, the De- sist in mobilizing an appropriate H.R. 2862, a bill making appropriations partments of State, Justice, and Com- healthcare workforce in the event of a for Science, the Departments of State, merce, and related agencies for the fis- health emergency or natural disaster. Justice, and Commerce, and related agencies for the fiscal year ending Sep- cal year ending September 30, 2006, and S. 1646 tember 30, 2006, and for other purposes. for other purposes. At the request of Mr. AKAKA, the At the request of Mr. LIEBERMAN, his AMENDMENT NO. 1670 name of the Senator from Louisiana name was added as a cosponsor of At the request of Mr. DORGAN, the (Ms. LANDRIEU) was added as a cospon- amendment No. 1703 proposed to H.R. name of the Senator from Illinois (Mr. sor of S. 1646, a bill to provide for the 2862, supra. DURBIN) was added as a cosponsor of care of veterans affected by Hurricane At the request of Mrs. CLINTON, her Katrina. amendment No. 1670 proposed to H.R. name was added as a cosponsor of 2862, a bill making appropriations for S. 1678 amendment No. 1703 proposed to H.R. Science, the Departments of State, 2862, supra. At the request of Mr. SCHUMER, the Justice, and Commerce, and related name of the Senator from Connecticut At the request of Mr. TALENT, his agencies for the fiscal year ending Sep- name was added as a cosponsor of (Mr. DODD) was added as a cosponsor of tember 30, 2006, and for other purposes. S. 1678, a bill to temporarily increase amendment No. 1703 proposed to H.R. AMENDMENT NO. 1687 the standard mileage rate for use of an 2862, supra. At the request of Ms. STABENOW, the At the request of Mr. LEAHY, his automobile for purposes of certain de- name of the Senator from Rhode Island name was added as a cosponsor of ductions allowed under the Internal (Mr. REED) was added as a cosponsor of amendment No. 1703 proposed to H.R. Revenue Code of 1986 and to tempo- amendment No. 1687 proposed to H.R. 2862, supra. rarily increase the reimbursement rate 2862, a bill making appropriations for f for use of an automobile by Federal Science, the Departments of State, employees. Justice, and Commerce, and related STATEMENTS ON INTRODUCED S. 1685 agencies for the fiscal year ending Sep- BILLS AND JOINT RESOLUTIONS At the request of Mr. OBAMA, the tember 30, 2006, and for other purposes. By Mr. SMITH (for himself and name of the Senator from Illinois (Mr. AMENDMENT NO. 1688 Mr. BINGAMAN): DURBIN) was added as a cosponsor of S. At the request of Ms. STABENOW, the S. 1697. A bill to amend the Internal 1685, a bill to ensure the evacuation of names of the Senator from Wisconsin Revenue Code of 1986 to allow the Hope individuals with special needs in times (Mr. FEINGOLD), the Senator from Wis- Scholarship Credit to cover fees, books, of emergency. consin (Mr. KOHL) and the Senator supplies, and equipment and to exempt AMENDMENT NO. 1523 from Maine (Ms. SNOWE) were added as Federal Pell Grants and Federal sup- At the request of Mrs. DOLE, the cosponsors of amendment No. 1688 pro- plemental educational opportunity names of the Senator from Kansas (Mr. posed to H.R. 2862, a bill making appro- grants from reducing expenses taken ROBERTS) and the Senator from Iowa priations for Science, the Departments into account for the Hope Scholarship (Mr. HARKIN) were added as cosponsors of State, Justice, and Commerce, and Credit; to the Committee on Finance. Mr. BINGAMAN. Mr. President, Sen- of amendment No. 1523 intended to be related agencies for the fiscal year end- ator SMITH and I are introducing legis- proposed to S. 1042, an original bill to ing September 30, 2006, and for other lation today that would allow more authorize appropriations for fiscal year purposes. students in our Nation to take full ad- 2006 for military activities of the De- AMENDMENT NO. 1694 vantage of the Hope Scholarship Tax partment of Defense, for military con- At the request of Mr. LEAHY, the Credit. struction, and for defense activities of name of the Senator from Pennsyl- Since it was signed into law by Presi- the Department of Energy, to prescribe vania (Mr. SPECTER) was added as a co- dent Clinton in 1997, the Hope Scholar- personnel strengths for such fiscal year sponsor of amendment No. 1694 pro- ship Tax Credit has annually helped for the Armed Forces, and for other posed to H.R. 2862, a bill making appro- millions of students reduce the cost of purposes. priations for Science, the Departments going to college. In 2003 alone, more AMENDMENT NO. 1652 of State, Justice, and Commerce, and than 7.3 million college students At the request of Mrs. LINCOLN, the related agencies for the fiscal year end- claimed this and the Lifetime Learning names of the Senator from New York ing September 30, 2006, and for other tax credit. This credit, which can be as (Mr. SCHUMER) and the Senator from purposes. much as $1,500, has helped families off- Michigan (Ms. STABENOW) were added AMENDMENT NO. 1695 set the increasing cost of college—costs as cosponsors of amendment No. 1652 At the request of Mr. KERRY, the that have gone up 51 percent at public proposed to H.R. 2862, a bill making ap- name of the Senator from Illinois (Mr. 4-year colleges, 36 percent at private 4- propriations for Science, the Depart- OBAMA) was added as a cosponsor of year colleges and 26 percent at public 2- ments of State, Justice, and Com- amendment No. 1695 proposed to H.R. year colleges over the past decade. merce, and related agencies for the fis- 2862, a bill making appropriations for Unfortunately, many students and cal year ending September 30, 2006, and Science, the Departments of State, their families are unable to take ad- for other purposes. Justice, and Commerce, and related vantage of the maximum amount of

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20311 the credit because it is limited to cov- mitments made five years ago under that the Secretary of the Treasury ering ‘‘tuition and related expenses.’’ the United Nations Millennium Dec- enter into negotiations with the World Students that attend colleges with laration, including the commitment to Bank, the International Development lower tuition costs, such as those at halt and begin to reverse by the year Association, the Global Alliance for many of our Nation’s community col- 2015 the spread of HIV/AIDs, malaria, Vaccines and Immunizations, and other leges, are not entitled to the maximum and other major diseases that claim interested parties in order to establish amount of the credit. As we all know, the lives of millions of people around advanced market commitments, AMCs, tuition is just one of the many ex- the world every year. We still have a for the purchase of vaccines and penses associated with going to college. long way to go if we are going to meet microbicides to combat neglected dis- Room, board, books, supplies, equip- this challenge. eases. Research has shown that the ment and fees can be prohibitively ex- AIDS, which has already claimed the major obstacle to the development of pensive for those who attend colleges lives of 20 million people, continues to vaccines for these diseases is the ab- that have reasonable tuition charges. be the leading cause of premature sence of a market because these dis- The bill addresses this inequity, by death in sub-Saharan Africa. An esti- eases hit hardest in poor countries that allowing the Hope scholarship tax cred- mated 39 million people worldwide are cannot afford to buy the vaccines. Ad- it to cover expenses associated with infected with HIV. Last year alone, 4.9 vanced market commitments AMCs are fees, books, supplies, and equipment. million people were newly infected designed to remove this obstacle by To limit the bill’s cost, a student’s with HIV, and 3.1 million died. For creating the market ahead of time. room, board and related expenses years, the epidemic was focused on sub- AMCs would be legally binding con- would remain excluded. It is important Saharan Africa, but now HIV is spread- tracts to purchase a vaccine or to note that the Tax Code commonly ing fastest in Central Europe and in microbicide at a fair market price for a recognizes non-tuition expenses, in- parts of Asia. guaranteed number of treatments, Although the AIDS pandemic has cluding substantial living expenses, in thereby creating a market incentive gripped the world’s notice, other dis- programs such as section 529 plans and for a company to invest in the develop- eases such as malaria and tuberculosis tax-exempt, pre-paid tuition plans. Our ment and production of vaccines for have drawn less attention—but they bill, reasonably, covers a much more these diseases. The international too are deadly, particularly for those limited subset of these same expenses. framework for the AMCs would also in- in the world’s poorest countries. Ma- In addition, the legislation changes clude clearly defined requirements for laria claims the lives of a million peo- the Tax Code so that any Federal Pell eligible vaccines to ensure that they ple annually, many of them young chil- are safe and effective as well as clearly grants and Federal Supplemental Edu- dren; ninety percent of these deaths defined and transparent rules of com- cational Opportunity Grants students occur among people living in sub-Saha- receive are not counted against their ran Africa. Tuberculosis, once thought petition. The bill also mandates that eligible expenses when Hope eligibility to be eradicated, has reemerged in new the Secretary establish a purchase fund is calculated. This change will provide and more drug resistant strains. An es- in the Treasury as soon as a vaccine to some assistance to needier students, timated 1.7 million people now die an- combat one of these diseases is avail- especially those attending 4-year pub- nually from TB. Because those living able. Second, the bill supplements the lic colleges. However, since the Hope with HIV or AIDS are particularly vul- market incentive with a variety of tax tax credit will remain non-refundable, nerable, the number of TB cases has incentives designed to provide appro- the costs of these changes will remain been growing rapidly in sub-Saharan low. Africa and Central Europe. priate and equitable incentives to both Both of these modest changes will Taken together HIV/AIDS, TB and large pharmaceutical and small private make college more affordable to many malaria kill over 5 million people an- sector companies to stimulate vaccine students and families that do not cur- nually. A human crisis of this propor- development. The bill provides a 30 per- rently benefit from many of the other tion demands that we respond with ur- cent tax credit each year on qualified tax provisions that are targeted to gency and thoughtfulness. We must research expenses to develop more wealthy families. For many of continue to support robust prevention, microbicides for HIV and vaccines for these students, the ability to get the treatment and care programs. But we HIV, TB, malaria and other neglected maximum amount of the tax credit must also recognize that vaccines are diseases that kill more than 1 million may be the difference in the student the most effective weapons in the arse- people annually. This is an expansion being able to take an additional class nal of modern medicine to stop the of the existing R&D tax credit and can or not having to sit out a semester. threat of AIDS and other infectious be applied to clinical trials outside of This legislation is supported by the diseases that are decimating the devel- the United States, since the majority American Council on Education, the oping world. Pharmaceutical and bio- of those infected with these diseases United States Student Association, the technology companies, however, are re- are beyond our borders. American Association of Community luctant to invest in research for vac- It provides a refundable tax credit to Colleges, the American Association of cines for these diseases because they small biotechnology companies based State Colleges and Universities, the fear that the market will not be lucra- on the amount of qualified research National Association of State Univer- tive enough to cover the costs of re- that they do in a given year. This cred- sities and Land Grant Colleges, the As- search and development it is designed to stimulate research sociation of Jesuit Colleges and Uni- The bill that I am introducing today, among the firms that are the most in- versities, the Hispanic Association of Vaccines for the New Millennium Act novative and to ensure that assistance Colleges and Universities, and a num- of 2005, is designed to address this prob- is given to those small companies that ber of other prominent higher edu- lem by providing incentives for these need it the most. Increased research ef- cation organizations. companies to accelerate their efforts to forts by these firms could be instru- develop vaccines and microbicides to mental to the effort to develop effec- By Mr. KERRY (for himself and prevent HIV/AIDS, TB, malaria and tive vaccines for neglected diseases, Mr. LUGAR): other neglected diseases. It builds upon particularly for HIV/AIDS. S. 1698. A bill to accelerate efforts to legislation that I introduced in 2001 And it provides a 100 percent tax develop vaccines for diseases primarily with Senator FRIST. I am pleased that credit on contracts and other arrange- affecting developing countries and for the Chairman of the Foreign Relations ments for research and development of other purposes; to the Committee on Committee, Senator LUGAR, is joining these vaccines and microbicides. This Finance. me in introducing this new, expanded credit, which is an increase over the 65 Mr. KERRY. Mr. President, this week bill. percent credit now in the tax code, is world leaders are meeting at the The bill provides a variety of eco- designed to serve as an incentive to United Nations to reaffirm the com- nomic incentives. First, it mandates larger pharmaceutical companies to

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20312 CONGRESSIONAL RECORD—SENATE September 14, 2005 work hand in hand with the smaller on Appropriations and the Committee on SEC. 4. SENSE OF CONGRESS ON SUPPORT FOR biotech companies to pick up the pace International Relations of the House of Rep- NEGLECTED DISEASES. resentatives. It is the sense of Congress that— of vaccine development. (1) the President should continue to en- Once vaccines are developed, it is im- (3) DEVELOPING COUNTRY.—The term ‘‘de- veloping country’’ means a country that the courage efforts to support the Global HIV perative that they be widely distrib- World Bank determines to be a country with Vaccine Enterprise, a virtual consortium of uted. The bill that I am introducing a lower middle income or less. scientists and organizations committed to today with Senator LUGAR also ad- (4) HIV/AIDS.—The term ‘‘HIV/AIDS’’ has accelerating the development of an effective dresses the distribution side of the the meaning given the term in section HIV vaccine; equation. It provides a 100 percent tax 104A(g) of the Foreign Assistance Act of 1961 (2) the United States should work with the credit to companies on the sales of new (22 U.S.C. 2151b–2). Global Fund to Fight AIDS, Tuberculosis vaccines and microbicides as long as (5) GLOBAL ALLIANCE FOR VACCINES AND IM- and Malaria, the Joint United Nations Pro- gramme on HIV/AIDS (‘‘UNAIDS’’), the those sales are made to a qualified MUNIZATIONS.—The term ‘‘Global Alliance for Vaccines and Immunizations’’ means the World Health Organization, the Inter- international health organization or public-private partnership launched in 2000 national AIDS Vaccine Initiative, and the foreign government for distribution in for the purpose of saving the lives of children World Bank to ensure that all countries developing countries and protecting the health of all people heavily affected by the HIV/AIDS pandemic Finally, the bill sets up a pilot pro- through the widespread use of vaccines. have national AIDS vaccine plans; gram under the Small Business Act to (6) NEGLECTED DISEASE.—The term ‘‘ne- (3) the United States should support and encourage the development of vaccines glected disease’’ means— encourage the carrying out of the agree- and microbicides by eligible companies (A) HIV/AIDS; ments of the Group of 8 made at the 2005 (B) malaria; Summit at Gleneagles, Scotland, to increase under the auspices of the Small Busi- direct investment and create market incen- ness Innovation Research, SBIR, and (C) tuberculosis; or (D) any infectious disease (of a single eti- tives, including through public-private part- the Small Business Technology Trans- ology), which, according to the World Health nerships and advance market commitments, fer, STTR, programs in US government Organization, causes more than 1,000,000 to complement public research in the devel- agencies with a global health or disease deaths each year in developing countries. opment of vaccines, microbicides, and drugs prevention mission. Under this pilot (7) WORLD BANK.—The term ‘‘World Bank’’ for HIV/AIDS, malaria, tuberculosis, and program, these agencies have new au- means the International Bank for Recon- other neglected diseases; thority to undertake outreach activi- struction and Development. (4) the United States should support test- ing of promising vaccines in infants, chil- ties to eligible biotech firms and other SEC. 3. FINDINGS. dren, and adolescents as early as is medi- small business to promote the objec- Congress makes the following findings: cally and ethically appropriate, in order to tives of the pilot program. (1) Immunization is cheap, reliable, and ef- avoid significant delays in the availability of In recent years, a number of pharma- fective, and has made a profound impact on pediatric vaccines at the cost of thousands of ceutical companies have taken steps to global health, in both rich and poor coun- lives; help in the treatment of those infected tries. (5) the United States should continue sup- with AIDS by providing life-extending (2) During the 20th century, global immu- porting the work of the Global Alliance for therapies to the developing world at re- nization efforts have successfully led to the Vaccines and Immunizations and the Global duced costs. These drugs are critically eradication of smallpox and the elimination Fund for Children’s Vaccines as appropriate and effective vehicles to purchase and dis- important but the war against AIDS of polio from the Western Hemisphere, Eu- rope, and most of Asia. Vaccines for diseases tribute vaccines for neglected diseases at an cannot be won unless we develop vac- such as measles and tetanus have dramati- affordable price once such vaccines are dis- cines against the HIV virus and other cally reduced childhood mortality world- covered in order to distribute them to the neglected diseases. The pharmaceutical wide, and vaccines for diseases such as influ- developing world; and and biotech companies hold the key enza, pneumonia, and hepatitis help prevent (6) the United States should work with oth- Many steps need to be taken in the sickness and death of adults as well as chil- ers in the international community to ad- war against these diseases. This bill fo- dren. dress the multiple obstacles to the develop- cuses on only one area but a critically (3) According to the World Health Organi- ment of vaccines for neglected diseases in- cluding scientific barriers, insufficient eco- important one: vaccine development zation, combined, AIDS, tuberculosis, and malaria kill more than 5,000,000 people a nomic incentives, protracted regulatory pro- and distribution. If the public and pri- year, most of whom are in the developing cedures, lack of delivery systems for prod- vate sectors work together with energy world, yet there are no vaccines for these ucts once developed, liability risks, and in- and commitment, I believe we can de- diseases. tellectual property rights. velop the vaccines, and once developed, (4) It is estimated that just 10 percent of SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS. we will win the war against these dead- the world’s research and development on (a) FINDINGS.—Congress makes the fol- ly diseases that victimize so many in health is targeted on diseases affecting 90 lowing findings: the developing world. percent of the world’s population. (1) Creative partnerships between govern- I ask unanimous consent that the (5) Economic disincentives result in little ments and organizations in the private sec- text of the bill be printed in the private sector investment in vaccines for ne- tor (including foundations, universities, cor- glected diseases, a situation which dispropor- porations including pharmaceutical compa- RECORD. tionately affects populations in developing nies and biotechnology firms, community- There being no objection the bill was countries. based organizations and other nongovern- ordered to be printed in the RECORD as (6) Of more than $100,000,000,000 spent on mental organizations) are playing a critical follows: health research and development across the role in the area of global health, particularly S. 1698 world, only $6,000,000,000 is spent each year in the fight against neglected diseases, in- on diseases that are specific to developing cluding HIV/AIDS, tuberculosis, and malaria. Be it enacted by the Senate and House of Rep- countries, most of which is from public and (2) Public-private sector partnerships in- resentatives of the United States of America in philanthropic sources. crease local and international capacities to Congress assembled, (7) Infants, children, and adolescents are improve the delivery of health services in de- SECTION 1. SHORT TITLE. among the populations hardest hit by AIDS veloping countries and to accelerate re- This Act may be cited as the ‘‘Vaccines for and malaria, but they are at risk of being search and development of vaccines and the New Millennium Act of 2005’’. left behind in the search for effective vac- other preventive medical technologies essen- SEC. 2. DEFINITIONS. cines against such diseases. tial to combating infectious diseases that In this Act: (8) Providing a broad range of economic in- disproportionately kill people in developing (1) AIDS.—The term ‘‘AIDS’’ has the mean- centives to increase private sector research countries. ing given the term in section 104A(g) of the on neglected diseases, including increased (3) These partnerships maximize the Foreign Assistance Act of 1961 (22 U.S.C. public and private sector funding for re- unique capabilities of each sector while com- 2151b–2). search and development, guaranteed mar- bining financial and other resources, sci- (2) APPROPRIATE CONGRESSIONAL COMMIT- kets, tax credits, and improved regulatory entific knowledge, and expertise toward TEES.—The term ‘‘appropriate congressional procedures would increase the number of common goals which cannot be achieved by committees’’ means the Committee on Ap- products in development and the likelihood either sector alone. propriations and the Committee on Foreign of finding effective vaccines for such dis- (4) Public-private partnerships such as the Relations of the Senate and the Committee eases. International AIDS Vaccine Initiative, the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20313

Malaria Vaccine Initiative, and the Global (b) REPORT.—Not later than 270 days after public health research and programs, and TB Drug Facility are playing cutting edge the date of enactment of this Act, the Presi- any other organizations willing to con- roles in the efforts to develop vaccines for dent shall submit to the appropriate congres- tribute to the Lifesaving Vaccine Purchase these diseases. sional committees a report setting forth the Fund. (5) Public-private partnerships serve as in- strategy described in subsection (a) and the (5) APPROPRIATIONS.— centives to the research and development of steps to implement such strategy. (A) IN GENERAL.—For each fiscal year be- vaccines for neglected diseases by providing SEC. 7. ADVANCED MARKET COMMITMENTS. ginning after the date that the Secretary de- biotechnology companies, which often have (a) PURPOSE.—The purpose of this section termines that a vaccine to combat a ne- no experience in developing countries, with is to create incentives for the private sector glected disease is available for purchase, technical assistance and on the ground sup- to invest in research, development, and man- there are authorized to be appropriated out port for clinical trials of the vaccine through ufacturing of vaccines for neglected diseases of any funds in the Treasury not otherwise the various stages of development. by creating a competitive market for future appropriated such sums as may be necessary (6) Sustaining existing public-private part- vaccines through advanced market commit- to carry out the purposes of such Fund. nerships and building new ones where needed ments. (B) TRANSFER OF FUNDS.—The Secretary are essential to the success of the efforts by (b) AUTHORITY TO NEGOTIATE.— shall transfer the amount appropriated the United States and others in the inter- (1) IN GENERAL.—The Secretary of the under paragraph (1) for a fiscal year to such national community to find a cure for these Treasury shall enter into negotiations with Fund. and other neglected diseases. the appropriate officials of the World Bank, (C) AVAILABILITY.—Amounts appropriated (b) SENSE OF CONGRESS.—It is the sense of the International Development Association, pursuant to this paragraph shall remain Congress that— and Global Alliance for Vaccines and Immu- available until expended without fiscal year (1) the sustainment and promotion of pub- nizations, the member nations of such enti- limitation. lic-private partnerships must be a central ties, and other interested parties for the pur- SEC. 8. CREDIT FOR MEDICAL RESEARCH RE- element of the strategy pursued by the pose of establishing advanced market com- LATED TO DEVELOPING VACCINES United States to create effective incentives mitments to purchase vaccines and AGAINST NEGLECTED DISEASES. for the development of vaccines and other microbicides to combat neglected diseases. (a) IN GENERAL.—Subpart D of part IV of preventive medical technologies for ne- (2) REPORT.—Not later than 180 days after subchapter A of chapter 1 of the Internal glected diseases debilitating the developing the date of the enactment of this Act, the Revenue Code of 1986 (relating to business re- world; and Secretary shall submit to the appropriate lated credits) is amended by adding at the (2) the United States government should congressional committees a report on the end the following new section: take steps to address the obstacles to the de- status of the negotiations to create advanced ‘‘SEC. 45J. CREDIT FOR MEDICAL RESEARCH RE- velopment of these technologies by increas- market commitments under this section. LATED TO DEVELOPING VACCINES ing investment in research and development (c) REQUIREMENTS.—The Secretary of the FOR NEGLECTED DISEASES. and establishing market and other incen- Treasury shall work with the entities re- ‘‘(a) GENERAL RULE.—For purposes of sec- tives. ferred to in subsection (b) to ensure that tion 38, the vaccine research credit deter- (c) POLICY.—It is the policy of the United there is an international framework for the mined under this section for the taxable year States to accelerate research and develop- establishment and implementation of ad- is an amount equal to 30 percent of the quali- ment for vaccines and microbicides for ne- vanced market commitments and that such fied vaccine research expenses for the tax- glected diseases by substantially increasing commitments include— able year. funding for public-private partnerships that (1) legally binding contracts for product ‘‘(b) QUALIFIED VACCINE RESEARCH EX- invest directly in research, such as the Inter- purchase that include a fair market price for PENSES.—For purposes of this section— national AIDS Vaccine Initiative, the Ma- a guaranteed number of treatments to en- ‘‘(1) QUALIFIED VACCINE RESEARCH EX- laria Vaccine Initiative, and the Global TB sure that the market incentive is sufficient; PENSES.— Drug Facility, and for partnerships such as (2) clearly defined and transparent rules of ‘‘(A) IN GENERAL.—Except as otherwise pro- the Vaccine Fund that incentivize the devel- competition for qualified developers and sup- vided in this paragraph, the term ‘qualified opment of new vaccines by purchase existing pliers of the product; vaccine research expenses’ means the vaccines. (3) clearly defined requirements for eligible amounts which are paid or incurred by the SEC. 6. COMPREHENSIVE STRATEGY FOR ACCEL- vaccines to ensure that they are safe and ef- taxpayer during the taxable year which ERATING THE DEVELOPMENT OF fective; would be described in subsection (b) of sec- VACCINES FOR NEGLECTED DIS- (4) dispute settlement mechanisms; and tion 41 if such subsection were applied with EASES. (5) sufficient flexibility to enable the con- the modifications set forth in subparagraph (a) REQUIREMENT FOR STRATEGY.—The tracts to be adjusted in accord with new in- (B). President shall establish a comprehensive formation related to projected market size ‘‘(B) MODIFICATIONS; INCREASED INCENTIVE strategy to accelerate efforts to develop vac- and other factors while still maintaining the FOR CONTRACT RESEARCH PAYMENTS.—For cines and microbicides for neglected diseases purchase commitment at a fair price. purposes of subparagraph (A), subsection (b) such as HIV/AIDS, malaria, and tuberculosis. (d) TRUST FUND.— of section 41 shall be applied— Such strategy shall— (1) AUTHORITY TO ESTABLISH.—On the date ‘‘(i) by substituting ‘vaccine research’ for (1) expand public-private partnerships and that the Secretary of the Treasury deter- ‘qualified research’ each place it appears in the leveraging of resources from other coun- mines that a vaccine to combat a neglected paragraphs (2) and (3) of such subsection, and tries and the private sector; disease is available for purchase, the Sec- ‘‘(ii) by substituting ‘100 percent’ for ‘65 (2) include initiatives to create economic retary shall establish in the Treasury of the percent’ in paragraph (3)(A) of such sub- incentives for the research, development, United States a fund to be known as the section. and manufacturing of vaccines for HIV/AIDS, Lifesaving Vaccine Purchase Fund con- ‘‘(C) EXCLUSION FOR AMOUNTS FUNDED BY tuberculosis, malaria, and other neglected sisting of amounts appropriated pursuant to GRANTS, ETC.—The term ‘qualified vaccine diseases; paragraph (4). research expenses’ shall not include any (3) include the negotiation of advanced (2) INVESTMENT OF FUND.—Amounts in such amount to the extent such amount is funded market commitments; Fund shall be invested in accordance with by any grant, contract, or otherwise by an- (4) address intellectual property issues sur- section 9702 of title 31, United States Code, other person (or any governmental entity). rounding the development of vaccines and and any interest on, and proceeds from any ‘‘(2) VACCINE RESEARCH.—The term ‘vaccine microbicidies for neglected diseases; such investment shall be credited to and be- research’ means research to develop vaccines (5) maximize United States capabilities to come part of the Fund. and microbicides for— support clinical trials of vaccines and (3) USE OF FUND.—The Secretary is author- ‘‘(A) HIV/AIDS (as that term is defined in microbicidies in developing countries; ized to expend amounts in such Fund for the section 104A(g) of the Foreign Assistance Act (6) address the issue of regulatory approval purchase of a vaccine to combat a neglected of 1961 (22 U.S.C. 21516–2)), of such vaccines, whether through the Com- disease pursuant to an advanced market ‘‘(B) malaria, missioner of the Food and Drug Administra- commitment undertaken on behalf of the ‘‘(C) tuberculosis, or tion, or the World Health Organization or Government of the United States. ‘‘(D) any infectious disease (of a single eti- another internally-recognized and agreed (4) AUTHORITY TO ACCEPT CONTRIBUTIONS.— ology) which, according to the World Health upon entity; The President may accept and use in further- Organization, causes more than 1,000,000 (7) expand the purchase and delivery of ex- ance of the purposes of this Act contribu- human deaths each year in developing coun- isting vaccines; and tions from nongovernmental organizations, tries. (8) address the challenges of delivering vac- international health agencies, the United ‘‘(c) COORDINATION WITH CREDIT FOR IN- cines in developing countries in advance so Nations, the Global Fund to Fight AIDS, Tu- CREASING RESEARCH EXPENDITURES.— as to minimize historical delays in access berculosis and Malaria, private nonprofit or- ‘‘(1) IN GENERAL.—Except as provided in once vaccines are available. ganizations that are organized to support paragraph (2), any qualified vaccine research

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20314 CONGRESSIONAL RECORD—SENATE September 14, 2005

expenses for a taxable year to which an elec- ‘‘(5) SPECIAL RULES.— prove the effectiveness of such credit in tion under this section applies shall not be ‘‘(A) RECAPTURE OF CREDIT.—The Secretary stimulating vaccine research. taken into account for purposes of deter- shall promulgate such regulations as nec- SEC. 9. CREDIT FOR CERTAIN SALES OF LIFE- mining the credit allowable under section 41 essary and appropriate to provide for the re- SAVING VACCINES. for such taxable year. capture of any credit allowed under this sub- (a) IN GENERAL.—Subpart D of part IV of ‘‘(2) EXPENSES INCLUDED IN DETERMINING section in cases where the taxpayer fails to subchapter A of chapter 1 of the Internal BASE PERIOD RESEARCH EXPENSES.—Any make the expenditures described in para- Revenue Code of 1986 (relating to business re- qualified vaccine research expenses for any graph (2)(D). lated credits), as amended by section 4, is taxable year which are qualified research ex- ‘‘(B) EXCLUSION OF CERTAIN QUALIFIED VAC- amended by adding at the end the following penses (within the meaning of section 41(b)) CINE RESEARCH EXPENSES.—For purposes of new section: shall be taken into account in determining determining the credit under this section for ‘‘SEC. 45K. CREDIT FOR CERTAIN SALES OF LIFE- base period research expenses for purposes of a taxable year, the qualified vaccine re- SAVING VACCINES. applying section 41 to subsequent taxable search expenses taken into account for such ‘‘(a) IN GENERAL.—For purposes of section years. taxable year shall not include an amount 38, the lifesaving vaccine sale credit deter- ‘‘(d) SPECIAL RULES.— paid or incurred during such taxable year mined under this section with respect to a ‘‘(1) LIMITATIONS ON FOREIGN TESTING.—No equal to the amount described in paragraph taxpayer for the taxable year is an amount credit shall be allowed under this section (2)(D) (and not already taken into account equal to the amount of qualified vaccine with respect to any vaccine research (other under this subparagraph for a previous tax- sales for the taxable year. than human clinical testing) conducted out- able year).’’. ‘‘(b) QUALIFIED VACCINE SALES.—For pur- side the United States. (b) INCLUSION IN GENERAL BUSINESS CRED- poses of this section— ‘‘(2) PRE-CLINICAL RESEARCH.—No credit IT.—Section 38(b) of the Internal Revenue ‘‘(1) IN GENERAL.—The term ‘qualified vac- shall be allowed under this section for pre- Code of 1986 is amended by striking ‘‘plus’’ at cine sales’ means the aggregate amount paid clinical research unless such research is pur- the end of paragraph (18), by striking the pe- to the taxpayer for a qualified sale. suant to a research plan an abstract of which riod at the end of paragraph (19) and insert- ‘‘(2) QUALIFIED SALE.— has been filed with the Secretary before the ing ‘‘, plus’’, and by adding at the end the ‘‘(A) IN GENERAL.—The term ‘qualified sale’ beginning of such year. The Secretary, in following new paragraph: means a sale of a qualified vaccine— consultation with the Secretary of Health ‘‘(20) the vaccine research credit deter- ‘‘(i) to a nonprofit organization or to a gov- and Human Services, shall prescribe regula- mined under section 45J.’’. ernment of any foreign country (or instru- tions specifying the requirements for such (c) DENIAL OF DOUBLE BENEFIT.—Section mentality of such a government), and plans and procedures for filing under this 280C of the Internal Revenue Code of 1986 is ‘‘(ii) for distribution in a developing coun- paragraph. amended by adding at the end the following try. ‘‘(3) CERTAIN RULES MADE APPLICABLE.— new subsection: ‘‘(B) DEVELOPING COUNTRY.—For purposes Rules similar to the rules of paragraphs (1) ‘‘(e) CREDIT FOR QUALIFIED VACCINE RE- of this paragraph, the term ‘developing coun- and (2) of section 41(f) shall apply for pur- SEARCH EXPENSES.— poses of this section. try’ means a country which the Secretary ‘‘(1) IN GENERAL.—No deduction shall be al- determines to be a country with a lower mid- ‘‘(4) ELECTION.—This section (other than lowed for that portion of the qualified vac- subsection (e)) shall apply to any taxpayer dle income or less (as such term is used by cine research expenses (as defined in section the International Bank for Reconstruction for any taxable year only if such taxpayer 45J(b)) otherwise allowable as a deduction elects to have this section apply for such and Development). for the taxable year which is equal to the ‘‘(3) QUALIFIED VACCINE.—The term ‘quali- taxable year. amount of the credit determined for such ‘‘(e) CREDIT TO BE REFUNDABLE FOR CER- fied vaccine’ means any vaccine and taxable year under section 45J(a). TAIN TAXPAYERS.— microbicide— ‘‘(2) CERTAIN RULES TO APPLY.—Rules simi- ‘‘(1) IN GENERAL.—In the case of an electing ‘‘(A) which is described in section 45J(b)(2), lar to the rules of paragraphs (2), (3), and (4) qualified taxpayer— and of subsection (c) shall apply for purposes of ‘‘(A) the credit under this section shall be ‘‘(B) which is approved as a new drug after determined without regard to section 38(c), this subsection.’’. the date of the enactment of this paragraph (d) DEDUCTION FOR UNUSED PORTION OF and by— CREDIT.—Section 196(c) of the Internal Rev- ‘‘(B) the credit so determined shall be al- ‘‘(i) the Food and Drug Administration, enue Code of 1986 (defining qualified business lowed as a credit under subpart C. ‘‘(ii) the World Health Organization, or credits) is amended by striking ‘‘and’’ at the ‘‘(2) ELECTING QUALIFIED TAXPAYER.—For ‘‘(iii) the appropriate authority of a coun- purposes of this subsection, the term ‘elect- end of paragraph (11), by striking the period try included in the list under section ing qualified taxpayer’ means, with respect at the end of paragraph (12) and inserting ‘‘, 802(b)(1) of the Federal Food, Drug, and Cos- to any taxable year, any domestic C corpora- and’’, and by adding at the end the following metic Act. tion if— new paragraph: ‘‘(c) LIMIT ON AMOUNT OF CREDIT.—The ‘‘(A) the aggregate gross assets of such cor- ‘‘(13) the vaccine research credit deter- maximum amount of the credit allowable poration at any time during such taxable mined under section 45J(a) (other than such under subsection (a) with respect to a sale year are $500,000,000 or less, credit determined under the rules of section shall not exceed the portion of the limitation ‘‘(B) the net income tax (as defined in sec- 280C(e)(2)).’’. amount allocated under subsection (d) with tion 38(c)) of such corporation is zero for (e) TECHNICAL AMENDMENTS.— respect to such sale. such taxable year and the 2 preceding tax- (1) Section 1324(b)(2) of title 31, United ‘‘(d) NATIONAL LIMITATION ON AMOUNT OF able years, States Code, is amended by inserting ‘‘or CREDITS.— ‘‘(C) as of the close of the taxable year, the from section 45J(e) of such Code,’’ after ‘‘(1) IN GENERAL.—Except as provided in corporation is not under the jurisdiction of a ‘‘1978,’’. paragraph (3), there is a lifesaving vaccine court in a title 11 or similar case (within the (2) The table of sections for subpart D of sale credit limitation amount for each cal- meaning of section 368(a)(3)(A)), part IV of subchapter A of chapter 1 of the endar year equal to— ‘‘(D) the corporation provides such assur- Internal Revenue Code of 1986 is amended by ‘‘(A) $100,000,000 for each of years 2006 ances as the Secretary requires that, not adding at the end the following new item: through 2010, and later than 2 taxable years after the taxable ‘‘Sec. 45J. Credit for medical research re- ‘‘(B) $125,000,000 for each of years 2011 year in which the taxpayer receives any re- lated to developing vaccines through 2012. fund of a credit under this subsection, the against widespread diseases.’’. ‘‘(2) ALLOCATION OF LIMITATION.— taxpayer will make an amount of qualified (f) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The limitation amount vaccine research expenses equal to the made by this section shall apply to taxable under paragraph (1) shall be allocated for amount of such refund, and years beginning after December 31, 2005. any calendar year by the Administrator of ‘‘(E) the corporation elects the application (g) STUDY.— the United States Agency for International of this subsection for such taxable year. (1) IN GENERAL.—The National Institutes of Development (referred to in this section as ‘‘(3) AGGREGATE GROSS ASSETS.—Aggregate Health shall conduct a study of the extent to the ‘Administrator’) among organizations gross assets shall be determined in the same which the credit under section 45J of the In- with an application approved by the Admin- manner as such assets are determined under ternal Revenue Code of 1986, as added by sub- istrator in accordance with subparagraph section 1202(d). section (a), has stimulated vaccine research. (B). ‘‘(4) CONTROLLED GROUPS.—A corporation (2) REPORT.—Not later than the date that ‘‘(B) APPLICATION FOR ALLOCATION.—The shall be treated as meeting the requirement is 5 years after the date of the enactment of Administrator shall prescribe the procedures of paragraph (2)(B) only if each person who is this Act, the National Institutes of Health for an application for an allocation under treated with such corporation as a single em- shall submit to Congress the results of the this subsection and the factors to be taken ployer under subsections (a) and (b) of sec- study conducted under paragraph (1), to- into account in making such allocations. tion 52 also meets such requirement. gether with recommendations (if any) to im- Such applications shall be made at such time

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20315 and in such form and manner as the Admin- providing incentives to small business con- ward the future to see what hope istrator shall prescribe and shall include a cerns to research the development of vac- science has for preventing the spread of detailed plan for distribution of the vaccine. cines and microbicides to combat a neglected these diseases. ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If disease, and an accounting of the expendi- the limitation amount under paragraph (1) tures for the pilot program. Historically, vaccines have led to for any calendar year exceeds the aggregate ‘‘(5) DEFINITIONS.—As used in this sub- some of the greatest achievements in amount allocated under paragraph (2), such section and subsection (j), the terms ‘ne- public health and are among the most limitation for the following calendar year glected disease’ and ‘developing country’ cost-effective health interventions. shall be increased by the amount of such ex- have the same meanings as in section 2 of During the 20th century, global immu- cess. No amount may be carried under the the Vaccines for the New Millennium Act of nization efforts have led to the eradi- preceding sentence to any calendar year 2005.’’. cation of smallpox and the elimination (b) POLICY OBJECTIVES.—Section 9(j) of the after 2024. of polio from the Western Hemisphere, ‘‘(e) SPECIAL RULES.—For purposes of this Small Business Act (15 U.S.C. 638(j)) is section, rules similar to the rules of section amended by adding at the end the following: Europe and most of Asia. Vaccines for 41(f)(2) shall apply.’’. ‘‘(4) ADDITIONAL MODIFICATIONS FOR THE DE- diseases such as measles and tetanus (b) INCLUSION IN GENERAL BUSINESS CRED- VELOPMENT OF VACCINES FOR A NEGLECTED have dramatically reduced childhood IT.—Section 38(b) of the Internal Revenue DISEASE.—Not later than 90 days after the mortality worldwide, and vaccines for Code of 1986 (relating to current year busi- date of enactment of the Vaccines for the diseases such as influenza, pneumonia, ness credit), as amended by section 4(b), is New Millennium Act of 2005, the Adminis- and hepatitis now help prevent sick- amended by striking ‘‘plus’’ at the end of trator shall modify the policy directives ness and death of adults, too. paragraph (19), by striking the period at the issued pursuant to this subsection to ensure end of paragraph (20) and inserting ‘‘, plus’’, that agencies participating in the SBIR and Vaccines for these diseases would and by adding at the end the following new STTR programs develop an action plan for play an important role in saving lives paragraph: implementing the pilot program for the de- in developing countries. Governments, ‘‘(21) the lifesaving vaccine sale credit de- velopment of vaccines and microbicides to private foundations, and the private termined under section 45K.’’. combat a neglected disease under subsection sector have made enormous strides. (c) CLERICAL AMENDMENT.—The table of (x), including outreach to raise awareness of Public-private partnerships have also sections for subpart D of part IV of sub- the pilot program.’’. contributed to scientific advances in chapter A of chapter 1 of the Internal Rev- Mr. LUGAR. Mr. President, I rise to enue Code of 1986, as amended by section 2(c), this area. However, much more needs is amended by adding at the end the fol- introduce with Senator KERRY the Vac- to be done. lowing new item: cines for a New Millennium Act of 2005. Because of the promise that vaccines The AIDS crisis is devastating sub- ‘‘Sec. 45K. Credit for certain sales of life- hold, Senator KERRY and I are intro- Saharan Africa. According to the latest saving vaccines.’’. ducing the ‘‘Vaccines for the New Mil- figures from UNAIDS, there are ap- (d) EFFECTIVE DATE.—The amendments lennium Act of 2005.’’ Representative proximately 40 million people living made by this section shall apply to sales of PETE VISCLOSKY is introducing a com- with HIV/AIDS around the world. An vaccines after December 31, 2005, in taxable panion bill in the House of Representa- years ending after such date. estimated 4.9 million people were tives. Our bill would require the United SEC. 10. SBIR AND STTR PROGRAM FUNDING FOR newly infected last year. This means States to develop a comprehensive VACCINE DEVELOPMENT. that every day, some 14,000 people con- strategy to accelerate research and de- (a) PILOT PROGRAM.—Section 9 of the tract HIV/AIDS. Last year, an esti- velopment in vaccines for HIV/AIDS, Small Business Act (15 U.S.C. 638) is amend- mated 3 million people died from AIDS. ed by adding at the end the following: The AIDS crisis in sub-Saharan Afri- tuberculosis, malaria, and other infec- ‘‘(x) REQUIRED EXPENDITURES FOR THE DE- tious diseases that are major killers in VELOPMENT OF VACCINES FOR NEGLECTED DIS- ca has profound implications for polit- ical stability, development, and human the developing world. The strategy EASES.— would require an increase in public-pri- ‘‘(1) SBIR EXPENDITURES.—Each agency re- welfare that extend far beyond the re- quired to make expenditures under sub- gion. In addition to the current crisis vate partnerships, whereby public enti- section (f)(1) or under subsection (n)(1), that in Africa, public health experts warn of ties such as governments, team up with is determined by the Administrator to have a ‘‘second wave’’ of countries on the companies or private foundations to a mission related to global health or disease verge of potential AIDS crises, such as conduct research or vaccine trials. The prevention shall expend with small business China, India, Russia, Nigeria, and Ethi- bill would require the United States concerns, in addition to any amounts re- government to commit to purchase quired to be expended under subsections (f) opia. Despite efforts through programs vaccines for these diseases once they and (n), not less than $10,000,000 for fiscal are developed through ‘‘advance mar- year 2006 and each fiscal year thereafter, spe- like the President’s Emergency Plan cifically in connection with SBIR and STTR for AIDS Relief PEPFAR, the Global ket commitments.’’ Finally, the legis- programs which meet the requirements of Fund to Fight AIDS, Tuberculosis, and lation would create a tax credit for this section, policy directives, and regula- Malaria, and the Bill and Melinda companies that invest in research and tions to carry out this section, to carry out Gates Foundation to treat those living development for vaccines for these dis- the pilot program established under this sub- with HIV/AIDS and to prevent new in- eases. section. I am hopeful that Senators will join ‘‘(2) PILOT PROGRAM.—During the 4-year pe- fections, the disease is outpacing us. riod beginning on the date of enactment of While prevention programs are critical Senator KERRY and me in supporting the Vaccines for the New Millennium Act of in the struggle to slow the spread of this legislation. 2005, the Administrator shall establish and the disease, over the long term, the carry out a program to encourage the devel- most effective way to defeat this pan- By Mr. SPECTER (for himself, opment of vaccines and microbicides to com- demic is through the development of an Mr. LEAHY, Mr. HATCH, Mr. bat a neglected disease, including outreach effective HIV vaccine. DEWINE, Mr. CORNYN, Mr. activities to raise awareness of such pro- In addition to AIDS, malaria and tu- BROWNBACK, Mr. VOINOVICH, Mr. gram. FEINGOLD, Mr. LEVIN, Mr. BAYH, ‘‘(3) ADMINISTRATIVE COSTS.—The limita- berculosis continue to kill many in the Mr. REED, and Ms. STABENOW): tions in subsection (f)(2) and (n)(2) shall not developing world. More than 300 mil- apply to agency expenditures under the pilot lion people are infected with malaria S. 1699. A bill to amend title 18, program established under this subsection. annually, and an estimated 1 million United States Code, to provide crimi- ‘‘(4) REPORT.—Six months before the date people—mostly children under the age nal penalties for trafficking in counter- of expiration of the pilot program estab- of five—die from malaria. Combined, feit marks; to the Committee on the lished under this subsection, the Adminis- AIDS, tuberculosis, and malaria kill an Judiciary. trator shall submit to the Committee on estimated 5 million people a year. Yet Mr. SPECTER. Mr. President, on be- Small Business and Entrepreneurship of the Senate and the Committee on Small Busi- there are no vaccines for these dis- half of myself, Senator LEAHY, and my ness of the House of Representatives a report eases. While we must remain com- colleagues Senators HATCH, DEWINE, containing an assessment of whether the mitted to current prevention and treat- CORNYN, BROWNBACK, VOINOVICH, FEIN- pilot program is meeting the objective of ment programs, we must also look to- GOLD, LEVIN, BAYH, REED, and

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20316 CONGRESSIONAL RECORD—SENATE September 14, 2005

STABENOW, I seek recognition to intro- The trade in counterfeit marks is The threat posed by counterfeiting is duce the Stop Counterfeiting in Manu- only part of a much larger problem. more than a matter of economics. Infe- factured Goods Act, a bill that amends The Bureau of Customs and Border rior products can threaten the safety of title 18 of the United States Code to Protection estimates that trafficking those who use them. When a driver provide criminal penalties for traf- in counterfeit goods costs the United taps a car’s brake pedals there should ficking in counterfeit marks. States approximately $200 million an- be no uncertainty about whether the This legislation closes a loophole in nually. With each passing year, the brake linings are made of compressed Federal trademark law, which cur- United States loses millions of dollars grass, sawdust, or cardboard. Sick pa- rently criminalizes the trafficking in in tax revenues to the sale of counter- tients should not have to worry that counterfeit trademarks ‘‘on or in con- feit goods. Further, counterfeit items they will ingest counterfeit prescrip- nection with goods or services.’’ This manufactured overseas and distributed tion drugs and, at best, have no effect. language, however, does not extend in the United States cost American The World Health Organization esti- criminal liability to those persons who workers tens of thousands of jobs. This mates that the market for counterfeit manufacture and/or traffic the counter- is a problem that we can no longer ig- drugs is about $32 billion each year. feit marks themselves, marks which nore. Knock-off parts have even been found are later applied to a product or serv- The trafficking in counterfeit goods in NATO helicopters. What’s more, ac- ice. In other words, Federal law does and marks is not limited to those of cording to Interpol, there is an identifi- not prohibit a person Tom selling coun- the popular designer goods that we able link between counterfeit goods terfeit labels bearing otherwise pro- have all seen sold on corners of just and the financing of terrorist oper- tected trademarks within the United about every major metropolitan city in ations. States. the United States. Counterfeited prod- This is a global problem, and it de- This current loophole was created in ucts can range from children’s toys to mands global solutions. Earlier this large part by the Tenth Circuit’s opin- clothing to Christmas tree lights. More year at a Judiciary Committee hearing ion in United States v. Giles, 213 F.3d disturbing are the potentially haz- on international piracy, the General 1247 (10th Cir. 2000). In this case, the ardous counterfeit automobile parts, Counsel for the United States Trade United States prosecuted the defendant batteries, and electrical equipment Representative reported that China for manufacturing and selling counter- that are being manufactured and continues to see piracy rates of about feit Dooney & Bourke labels that third placed into the stream of commerce by ninety percent in nearly all industries. parties could later affix to generic the thousands with each passing day. Russia is a growing concern too, even purses. Examining Title 18, section This legislation closes a loophole in as that country seeks membership in 2320, of the United States Code, the the current criminal trademark in- the World Trade Organization. Both Tenth Circuit held that persons who fringement statute and ensures that it countries were added to USTR’s Pri- sell counterfeit trademarks that are is a crime not only to traffic in goods ority Watch List this year. Such lists not actually attached to any ‘‘goods or or services bearing counterfeit marks, are useful, but they are meaningless services’’ do not violate the Federal but also in the counterfeit marks without concrete steps by the coun- criminal trademark infringement stat- themselves. Further, this legislation tries singled out by USTR. We know ute. And because the defendant did not ensures that counterfeit goods and that counterfeiting can be fought when attach the counterfeit mark to a ‘‘good marks seized in violation of this stat- a country treats it as a priority. China, or service,’’ the court found that the ute are properly disposed of and do not for example, flexed its intellectual defendant did not run afoul of the make their way back onto the street. I property enforcement muscle recently criminal statute as a matter of law. am pleased to introduce this piece of in protecting logos related to Beijing’s Thus, an individual, caught red-handed legislation with my colleagues and 2008 Summer Olympic Games. In a with counterfeit trademarks, walked hope that it will receive the support Newsweek International article last free. Congress must act now to close that it is due. January, one vendor who was fined for this loophole, which this legislation Mr. LEAHY. Counterfeiting is a selling Olympic t-shirts noted that the being introduced today will most cer- threat to America. It wreaks real harm crackdown was concerted: ‘‘ ‘They are,’ tainly do. Specifically, the bill will on our economy, our workers, and our she says, ‘very serious.’ ’’ prohibit the trafficking, or attempt to consumers. Today, Senator SPECTER I am very serious as well. Even as we traffic, in ‘‘labels, patches, stickers’’ and I introduce the ‘‘Stop Counter- work toward better international en- and generally any item to which a feiting in Manufactured Goods Act,’’ a forcement, there is much we can do, counterfeit mark has been applied. tough bill that will give law enforce- and much that we have done, to im- In addition to closing the loophole, ment improved tools to fight this form prove domestic law. In 1996, I worked the Stop Counterfeiting in Manufac- of theft. The bill is short and straight- with Senator HATCH to pass the tured Goods Act strengthens the crimi- forward, but its impact should be pro- Anticounterfeiting Consumer Protec- nal code’s forfeiture provision by pro- found and far-reaching. tion Act, which strengthened our viding enhanced penalties for those It is all too easy to think of counter- criminal and tariff codes and applied trafficking in counterfeit marks, goods feiting as a victimless crime, a means federal racketeering laws to counter- and services bearing counterfeit marks. of buying sunglasses or a purse that feiting. And earlier this year, Senator Current law does not provide for the would otherwise strain a monthly CORNYN and I introduced S. 1095, the seizure and forfeiture of goods and budget. The reality, however, is far dif- Protecting American Goods and Serv- services bearing counterfeit marks. As ferent. According to the Federal Bu- ices Act. That bill would criminalize such, many times such counterfeit reau of Investigation, counterfeiting possession of counterfeit goods with in- goods are seized one day, only to be re- costs the U.S. between $200 billion and tent to traffic, expand the definition of turned and sold to an unsuspecting $250 billion annually. In Vermont, com- ‘‘traffic,’’ and criminalize the import- public. To ensure that individuals en- panies like Burton Snowboards, ing and exporting of counterfeit goods. gaging in the practice of trafficking in Vermont Tubbs, SB Electronics, and The bill that Senator SPECTER and I counterfeit marks cannot reopen their Hubbardton Forge—all of which have are introducing today also makes sev- doors, this bill provides procedures for cultivated their good names through eral improvements to the U.S. Code. the mandatory seizure, forfeiture, and pure hard work and creativity—have The bill strengthens 18 U.S.C. 2318, the destruction of counterfeit marks pre- felt keenly the damage of intellectual part of the criminal code that deals conviction. Further, it provides for property theft on their businesses. This with counterfeit goods and services, to procedures for the mandatory for- is wrong. It is simply not fair to the make it a crime to traffic in counter- feiture and destruction of property de- businesses who innovate and to the feit labels or packaging, even when rived from or used to engage in the people whose economic livelihoods de- counterfeit labels or packaging are trafficking of counterfeit marks. pend on these companies. shipped separately from the goods to

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20317 which they will ultimately be at- experts at the Department of Home- communications system should be a priority tached. Savvy counterfeiters have ex- land Security and the Federal Commu- of the United States. ploited this loophole to escape liabil- nications Commission evaluate the fea- (7) The deployment of such a system is a ity. This bill closes that loophole. sibility and cost of deploying a back-up critical first step in enhancing the overall communications infrastructure. Other re- The bill will also make counterfeit emergency communications system. quired improvements will need to be made in labels and goods, and any equipment The agencies will evaluate all reason- such areas as training, personnel, equipment, used in facilitating a crime under this able options, including satellites, wire- software, and services for local governments, part of the code, subject to forfeiture less and terrestrial-based systems. and assistance with capital expenses. Sup- upon conviction. Any forfeited goods or They will evaluate all available public porting and enhancing ongoing efforts in this machinery would then be destroyed, and private resources that could pro- regard is an important goal. and the convicted infringer would have vide such a system and submit a report SEC. 3. EMERGENCY COMMUNICATIONS BACK-UP to pay restitution to the lawful owner SYSTEM. to Congress detailing the findings. The Title III of the Homeland Security Act of of the trademark. Finally, although DHS is then authorized to request ap- 2002 (6 U.S.C. 181 et seq.), as amended by sec- the bill is tough, it is also fair. It propriations to implement the system. tion 4, is further amended by adding at the states that nothing ‘‘shall entitle the Congress would then be in position to end the following: United States to bring a cause of ac- put in place whatever programs and ‘‘SEC. 317. EMERGENCY COMMUNICATIONS BACK- tion under this section for the repack- funding are needed to get the job done. UP SYSTEM. aging of genuine goods or services not This proposal will not resolve all of ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of the Commu- intended to deceive or confuse.’’ It is our long-term needs in preparedness nications Security Act of 2005, the Secretary, truly just the bad actors we want to and interoperability, and I am pleased in conjunction with the Federal Communica- punish. that many of my colleagues are work- tions Commission, shall evaluate the tech- Those who profit from another’s in- ing on the various pieces of this puzzle. nical feasibility of creating a back-up emer- novation have proved their creativity However, in the interim, we must en- gency communications system that com- only at escaping responsibility for sure that we can respond in emergency plements existing communications resources their actions. As legislators it is im- situations with an eye toward building and takes into account next generation and portant that we provide law enforce- a reliable, redundant system for the advanced telecommunications technologies. The overriding objective for the evaluation ment with the tools needed to capture long term. shall be providing a framework for the devel- these thieves. It is a task to which Sen- I ask unanimous consent that the opment of a resilient interoperable commu- ator SPECTER and I are both com- text of the bill be printed in the nications system for emergency responders mitted. I would like to thank Senator RECORD. in an emergency. In conducting that evalua- BAYH, Senator BROWNBACK, Senator There being no objection, the bill was tion, the Secretary shall evaluate all reason- CORNYN, Senator DEWINE, Senator ordered to be printed in the RECORD, as able options, including satellites, wireless, and terrestrial-based communications sys- FEINGOLD, Senator HATCH, Senator follows: tems and other alternative transport mecha- LEVIN, Senator REED, and Senator STA- S. 1703 nisms that can be used in tandem with exist- BENOW for cosponsoring this important Be it enacted by the Senate and House of Rep- ing technologies. legislation. resentatives of the United States of America in ‘‘(b) COMPONENTS.—The back-up system Congress assembled, shall include— By Mr. KERRY: SECTION 1. SHORT TITLE. ‘‘(1) reliable means of emergency commu- S. 1703. A bill to provide for the de- This Act may be cited as the ‘‘Communica- nications; and velopment and implementation of an tions Security Act of 2005’’. ‘‘(2) if necessary, handsets, desktop com- munications devices, or other appropriate emergency backup communications SEC. 2. FINDINGS. system; to the Committee on Home- devices for each public safety entity. Congress finds the following: ‘‘(c) FACTORS TO BE EVALUATED.—The eval- land Security and Governmental Af- (1) The tragic events of September 11, 2001, uation under subsection (a) shall include— fairs. placed an enormous strain on the commu- ‘‘(1) a survey of all Federal agencies that Mr. KERRY. Mr. President, today I nications network in New York City, New use terrestrial or satellite technology for am introducing the Communications York and Washington, District of Columbia. communications security and an evaluation Security Act of 2005. The events of 9/11 Officials from both cities struggled to com- of the feasibility of using existing systems municate and coordinate among the various for purposes creating such an emergency uncovered manifest structural weak- emergency response teams dispatched to nesses in our communications system, back-up medical facility public safety com- ‘‘Ground Zero’’ and the Pentagon. These munications system; which were then highlighted by the 9/11 events uncovered manifest structural weak- ‘‘(2) the feasibility of using private sat- Commission. At the time, public safety nesses in the communications infrastructure ellite, wireless, or terrestrial networks for and emergency response officials were of the United States. emergency communications; not able to communicate at a basic (2) The 9/11 Commission Report states that ‘‘(3) the technical options, cost, and de- level. We have not taken adequate our Nation remains largely unprepared to ployment methods of software, equip- steps to fix that dangerous problem, communicate effectively in the event of an- ment,handsets or desktop communications other attack or natural catastrophe. devices for public safety entities in major and Hurricane Katrina has bluntly (3) The massive communications failures demonstrated that. Much of the com- urban areas, and nationwide; and associated with Hurricane Katrina illustrate ‘‘(4) the feasibility and cost of necessary munications system was knocked off- the continuing inadequacies of our commu- changes to the network operations center of line along the Gulf Coast. It was re- nications systems in times of crisis. terrestrial-based or satellite systems to en- markable to watch as the television (4) Despite heroic efforts by public officials able the centers to serve as an emergency news crews had better luck commu- and communications industry personnel, the back-up communications systems. nicating than our first responders. As failure of our communications network to ‘‘(d) REPORT.—Upon the completion of the the disaster unfolded, our first respond- persevere in the face of a catastrophic hurri- evaluation under subsection (a), the Sec- cane severely hampered post-storm recovery ers and emergency officials repeatedly retary shall submit a report to Congress that efforts. details the findings of the evaluation, includ- cited communications failures as a (5) A comprehensive effort must be under- ing a full inventory of existing public and major obstacle to the disaster response taken to deal with the communications chal- private resources most efficiently capable of effort. lenges faced by our Nation, including short- providing emergency communications. We need a redundant communica- term and long-term steps that can be taken ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— tions system that will work in times of to improve the interoperable communica- There are authorized to be appropriated such emergency. Dramatic advances in tech- tions and emergency response capability sums as may be necessary to carry out this nology and the availability of new within the United States. section. (6) There is an immediate need for the de- ‘‘(f) EXPEDITED FUNDING OPTION AND IMPLE- spectrum as part of the DTV transition velopment and deployment of an emergency MENTATION STRATEGY.—If, as a result of the offer opportunities to address this back-up communications system to enhance evaluation conducted under subsection (a), problem. The Communications Secu- the Nation’s emergency response capabili- the Secretary determines that the establish- rity Act of 2005 requires the technical ties. Deployment of an emergency back-up ment of such a back-up system is feasible

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20318 CONGRESSIONAL RECORD—SENATE September 14, 2005 then the Secretary shall request appropria- trying to end the use of eminent do- tion of the United States relative to tions for the deployment of such a back-up main in order to protect public health the reference to God in the Pledge of communications system not later than 90 and safety or in order to build impor- Allegiance and on United States cur- days after submission of the report under tant infrastructure in our commu- rency; to the Committee on the Judici- subsection (d).’’. (b) CLERICAL AMENDMENT.—The table of nities. My bill makes this clear. ary. contents for the Homeland Security Act of Finally, this bill clearly lays out Ms. LANDRIEU. Mr. President, a 2002, as amended by section 4, is amended by that the funding prohibition includes Federal District Court judge in the inserting after the item relating to section takings of private property for the use Ninth Circuit has once again declared 316 the following: of, or ownership of, another private in- that the reference to God in the Pledge ‘‘Sec. 317. Emergency communications back- dividual or entity. One of the most of Allegiance is unconstitutional. Just up system.’’. troubling trends in this area is the use a couple of years ago, the Ninth Circuit of eminent domain by a government Court of Appeals reached a similar con- By Mr. DORGAN: that then turns the property over to a clusion in the case of Newdow v. U.S. S. 1704. A bill to prohibit the use of private person or group for their pri- Congress. I am now, as I was then, sur- Federal funds for the taking of prop- vate gain. prised and disappointed with this new erty by eminent domain for economic This issue also demands attention at ruling by the District Court. development; to the Committee on the the state level. I commend the efforts Today I am reintroducing a proposed Judiciary. of a number of leaders in North Dakota constitutional amendment that simply Mr. DORGAN. Earlier this year, the to make changes to our state constitu- says that references to God in the Supreme Court ruled in Kelo vs. New tion in a way that will protect private Pledge of Allegiance and on our cur- London that it was permissible for a property owners. rency do not affect an establishment of government to use the power of emi- Our former state attorney general, religion under the First Amendment. nent domain simply for the purpose of Heidi Heitkamp, is spearheading an ef- References to God are found in every economic development. fort to prevent the use of eminent do- one of our founding documents from I am greatly troubled by this case. I main at the State level for economic the Declaration of Independence to the do not believe that the government can development purposes regardless of Constitution, as well as in the Pledge or should take property for a non-gov- whether Federal funds are used. This is of Allegiance. The phrase ‘‘In God We ernmental purpose simply because it an important initiative and I fully sup- Trust’’ appears on all of our currency will generate additional tax revenue. port it. It is an important complement and on many public buildings. Every This court decision stands logic on to the bill I am introducing today. In day, we begin Senate sessions with a its head—and it is a dangerous prece- fact, much of the language in my bill prayer and the Pledge. I firmly believe dent as well. reflects the language in the initiated that the framers of the Constitution I understand that there will be times measure in North Dakota. and the First Amendment did not want when it is essential for the government Strong private property rights are a to ban all references to God from pub- to use eminent domain for the public fundamental part of our country’s her- lic discourse when they wrote the Es- good. For example, eminent domain is itage and I believe that we should take tablishment Clause. What they wanted appropriate in order to build a flood steps to protect those rights. This bill to prevent was the establishment of an control project to protect a city. Or to will afford all Americans better protec- official national religion and to keep construct a highway or lay a water tion against inappropriate uses of emi- the government from getting inti- line. nent domain and seizure of property. mately involved in the organization of But it makes no sense for the Court I ask unanimous consent that the one religion over another. to allow a city—or a state or even the text of the bill be printed in the These references to God are ceremo- federal government—to use its power RECORD. nial. Certainly, they do have meaning, to allow private developers to acquire There being no objection, the bill was but individuals are free to put what- property under the takings clause. ordered to be printed in the RECORD, as ever meaning on the word they choose. Once you start down that path, whose follows. Indeed, I fully respect and support the private property is safe? Could my S. 1704 rights of people not to participate in home be condemned because a larger, Be it enacted by the Senate and House of the Pledge or in ceremonial prayer and more expensive house could be built on Representatives of the United States of America my amendment will not coerce anyone in Congress assembled, that lot? Can a local cafe´ be seized in to recite the Pledge of Allegiance in SECTION 1. PROHIBITION ON USE OF FEDERAL order to provide space for a new, high- FUNDS IN ECONOMIC DEVELOP- public or in school. end French restaurant? MENT RELATING TO PROPERTY I had hoped that the Supreme Court, Government at all levels should be TAKEN BY EMINENT DOMAIN. which took the Newdow case up on ap- protecting and strengthening private (a) SHORT TITLE.—This Act may be cited as peal, would have settled this question property rights—not diminishing them. the ‘‘Private Property Protection Act of once and for all. It did not. The Court So today I am introducing legislation 2005’’. (b) PROHIBITION.— dismissed the case saying Mr. Newdow to clarify and strengthen private prop- (1) IN GENERAL.—No Federal funds may be lacked standing. The Supreme Court erty rights and ensure that govern- used relating to a property that is the sub- may have the opportunity to hear ar- ment cannot abuse its power of emi- ject of a taking by eminent domain. guments in this case later on. If the nent domain in the name of ‘‘economic (2) EXCEPTION.—Paragraph (1) shall not Supreme Court should decide not to development.’’ apply if the property is being used for public hear the case or to overrule the lower First, my bill prevents the use of use or a public purpose. court, then Congress should restore the Federal funds for any economic devel- (c) PUBLIC USE OR PUBLIC PURPOSE .—Eco- nomic development, including an increase in appropriate balance between church opment project that uses property that the tax base, tax revenues, or employment, and state that I believe was the intent was subject of an eminent domain tak- may not be the primary basis for estab- of the framers. ing. This would cut off the spigot of lishing a public use or public purpose under I urge my colleagues to support this Federal dollars to these questionable subsection (b). joint resolution and I ask unanimous projects. Frankly, most economic de- (d) TAKINGS FOR USE BY PRIVATE INDI- consent that the text of the resolution VIDUAL OR ENTITY.—Subsection (b) shall in- velopment projects rely in some way be printed in the RECORD. on Federal dollars so this provision clude to takings of private property for the There being no objection the bill was use of, or ownership by, any private indi- would have the practical effect of vidual or entity. ordered to be printed in the RECORD as sharply curtailing this practice. follows. Second, my bill is explicit that tradi- Ms. LANDRIEU: S.J. RES. 24 tional public use and public purpose S.J. Res. 24. A joint resolution pro- Resolved by the Senate and House of Rep- projects are still permitted. I am not posing an amendment to the Constitu- resentatives of the United States of America in

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20319 Congress assembled (two-thirds of each House struction of approximately 900 homes and 30 provement of protection of minorities, the concurring therein), That the following article Serbian Orthodox churches and other reli- return of internally displaced persons, the is proposed as an amendment to the Con- gious sites; return of property, and the prosecution of stitution of the United States, which shall be Whereas the bomb attacks against the peo- human rights violations; and valid to all intents and purposes as part of ple and international institutions in Kosovo (5) Kosovo, Serbia and Montenegro, and the the Constitution when ratified by the legis- that occurred from July 2, 2005 through July United Nations, during the negotiations re- latures of three-fourths of the several States 4, 2005, were unacceptable events that work lated to the long-term status of Kosovo, within 7 years after the date of its submis- counter to the interests and efforts of the should require— sion by the Congress: majority of the people of Kosovo and signal (A) increased monitoring and reporting of the progress on the implementation of the ‘‘ARTICLE — that more work must be done to promote the implementation of the Standards for Kosovo; Standards for Kosovo and any incidents of ‘‘SECTION 1. A reference to God in the Whereas the status of Kosovo, which is nei- human rights violations, and should broaden Pledge of Allegiance or on United States cur- ther stable nor sustainable, is a critical issue the involvement of minorities and commu- rency shall not be construed as affecting the affecting the aspirations of Southeast Eu- nity-level representatives in monitoring, re- establishment of religion under the first ar- rope for stability, peace, and eventual mem- porting, and publicizing that progress; ticle of amendment of this Constitution. bership in the European Union; (B) that the authorities and institutions of ‘‘SECTION 2. Congress shall have the power Whereas the authorities and institutions of Kosovo be given greater authority and inde- to enforce this article by appropriate legisla- Kosovo must be empowered to act independ- pendence in fulfilling the Standards for tion.’’. ently to achieve the Standards for Kosovo so Kosovo, including assuming the responsi- f that such authorities and institutions may bility for any setbacks and progress and ac- assume responsibility for any progress or quiring experience in assuming greater au- SUBMITTED RESOLUTIONS setbacks; tonomy; and Whereas 2005 must be a year of decision for (C) a broad public awareness campaign to representatives of Kosovo, Serbia and Monte- raise awareness of both the plan to resolve SENATE RESOLUTION 237—EX- negro, and the United Nations to move for- the question of the status of Kosovo and the PRESSING THE SENSE OF THE ward on the status of Kosovo; requirements for the transition of Kosovo to a permanent status, including the impor- SENATE ON REACHING AN Whereas the basic values of multi-eth- nicity, democracy, and market-orientation tance of the progress in implementing the AGREEMENT ON THE FUTURE Standards for Kosovo and the necessity of STATUS OF KOSOVO must remain at the heart of any effort to re- solve the question of the future status of ensuring peace and suppressing all forms of Mr. VOINOVICH (for himself, Mr. Kosovo; and discrimination and violence so that the re- gion may move forward toward a future of LUGAR, and Mr. BIDEN) submitted the Whereas the support of all of the people of Kosovo is required to achieve a successful greater prosperity, stability, and lasting following resolution; which was re- peace. ferred to the Committee on Foreign outcome that addresses those basic values: f Relations: Now, therefore, be it Resolved, That it is the sense of the Senate SENATE RESOLUTION 238—RECOG- S. RES. 237 that— Whereas, on June 10, 1999, the United Na- (1) the unresolved status of Kosovo is nei- NIZING HISPANIC HERITAGE tions Security Council adopted Resolution ther sustainable nor beneficial to the MONTH AND CELEBRATING THE 1244 which authorized the Secretary-General progress toward stability and peace in VAST CONTRIBUTIONS OF HIS- of the United Nations to establish an interim Southeast Europe and its integration with PANIC AMERICANS TO THE administration for Kosovo to assume the su- Europe; STRENGTH AND CULTURE OF preme legal authority in Kosovo with the (2) the leaders of Kosovo and Serbia and OUR NATION task of promoting ‘‘substantial autonomy Montenegro and the representatives of the and self-governance’’ in Kosovo and facili- United Nations should work toward an Mr. FRIST (for himself, Mr. SALA- tating a political process to determine the agreement on the future status of Kosovo ZAR, Mr. MARTINEZ, Mr. ALEXANDER, future status of Kosovo; and a plan for transformation in Kosovo; Mr. ALLEN, Mr. BURR, Mr. CHAMBLISS, Whereas, on December 10, 2003, the United (3) such agreement and plan should— Mr. COCHRAN, Mr. COLEMAN, Mr. CRAPO, Nations interim administration, known as (A) address the claims and satisfy the key Mr. GRASSLEY, Mr. HAGEL, Mr. INHOFE, the United Nations Interim Administration concerns of the people of Kosovo and the peo- Mr. MCCAIN, Mr. NELSON of Florida, Mission in Kosovo, presented the Standards ple of Serbia and Montenegro; Mr. OBAMA, Mr. ROBERTS, Mr. for Kosovo document which set out the re- (B) seek compromises from both Kosovo SANTORUM, Mr. STEVENS, Mr. TALENT, quirements to be met to advance stability in and Serbia and Montenegro to reach an and Mr. VOINOVICH) submitted the fol- Kosovo; agreement; lowing resolution; which was consid- Whereas the Standards for Kosovo require (C) promote the integration of Southeast the establishment of functioning democratic Europe with the European Union and the ered and agreed to: institutions in Kosovo, including providing North Atlantic Treaty Organization; S. RES. 238 for the holding of elections, establishing the (D) reinforce efforts to encourage full co- Whereas from September 15, 2005, through Provisional Institutions of Self-Government, operation by the governments of Kosovo and October 15, 2005, the country celebrates His- and establishing media and civil society, the of Serbia and Montenegro with the Inter- panic Heritage Month; establishment of rule of law to ensure equal national Crimes Tribunal for the Former Whereas the presence of Hispanics on this access to justice and to implement mecha- Yugoslavia; continent predates the founding of our Na- nisms to suppress economic and financial (E) promote stability in the region and tion, and, as among the first to settle in the crime, and the establishment of freedom of take into consideration the stability of de- New World, Hispanics and their descendants movement in Kosovo, including the free use mocracy in Kosovo and in Serbia and Monte- have had a profound and lasting influence on of language; negro; American history, values, and culture; Whereas the Standards for Kosovo further (F) promote the active participation of Whereas since the arrival of the earliest require sustainable returns and the rights of Serbians in Kosovo in elections and in the Spanish settlers more than 400 years ago, communities and their members, improve- government of Kosovo; and millions of Hispanic men and women have ments in economic and financial institu- (G) require the fulfillment of the Standards come to the United States from Mexico, tions, including the prevention of money for Kosovo, the requirements that the United Puerto Rico, Cuba, El Salvador and other laundering and the establishment of an at- Nations Interim Administration Mission in Caribbean regions, Central America, South tractive environment for investors, the es- Kosovo established to advance stability in America, and Spain, in search of freedom, tablishment of property rights, including the Kosovo, in accordance with prior commit- peace, and opportunity; preservation of cultural heritage, and the de- ments and in support of the initiation of dis- Whereas Hispanic Americans have contrib- velopment of a sustained dialogue, including cussions on status with particular emphasis uted throughout the ages to the prosperity a Pristina-Belgrade dialogue and a regional on the problem of human rights in minority and culture of our nation; dialogue; communities; Whereas the United States Census Bureau Whereas the ethnic violence that occurred (4) the anticipated discussions of the long- now lists Hispanic Americans as the largest in Kosovo from March 17, 2004 through March term status of Kosovo should result in a plan ethnic minority within the United States; 19, 2004, represented a severe setback to the for implementing the Standards for Kosovo, Whereas Hispanic Americans serve in all progress the people of Kosovo achieved in particularly with regard to minority protec- branches of the military and have fought implementing the Standards for Kosovo and tions, return of property, and the develop- valiantly in every war in United States his- resulted in 20 deaths and damage to or de- ment of rule of law as it relates to the im- tory;

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20320 CONGRESSIONAL RECORD—SENATE September 14, 2005 Whereas the Medal of Honor is the highest TEXT OF AMENDMENTS under this section will be administered by or United States military distinction, awarded Mr. BINGAMAN (for him- under the supervision of the agency; since the Civil War for ‘‘conspicuous gal- SA 1706. (2) an assurance that the agency will co- lantry and intrepidity at the risk of life self, Ms. LANDRIEU, Mr. REID, Mr. KEN- ordinate the use of funds received under this above and beyond the call of duty’’; NEDY, Ms. MIKULSKI, Mr. DODD, Mrs. section with other funds received by the Whereas 41 men of Hispanic origin have CLINTON, Mr. DAYTON, Mr. AKAKA, Mr. agency under the Elementary and Secondary earned this distinction, including 21 such LIEBERMAN, Mr. SCHUMER, and Mrs. Education Act of 1965 (20 U.S.C. 6301 et seq.) men who sacrificed their lives; MURRAY) submitted an amendment in- and with programs described under such Act; Whereas many Hispanic Americans who tended to be proposed by him to the (3) an assurance that funds will be used— served in the military have continued their bill H.R. 2862, making appropriations (A) to improve instruction to students who service to our country; for Science, the Departments of State, enroll in elementary schools and secondary schools served by such agency because the Whereas Hispanic Americans are dedicated Justice, and Commerce, and related public servants, holding posts at the highest students are displaced due to Hurricane levels of government, including two seats in agencies for the fiscal year ending Sep- Katrina; and the United States Senate; and tember 30, 2006, and for other purposes; (B) to facilitate such students’ transition Whereas Hispanic Americans harbor a deep which was ordered to lie on the table; into schools served by the agency; and commitment to family and community, an as follows: (4) such other information and assurances enduring work ethic, and a perseverance to At the appropriate place, insert the fol- as the Secretary may reasonably require. succeed: Now, therefore, be it lowing: (d) USE OF FUNDS.—Each eligible local edu- cational agency that receives a grant under Resolved, That the Senate— TITLE llEDUCATIONAL ASSISTANCE (1) recognizes September 15, 2005, through this section shall use the grant funds to en- FOR INDIVIDUALS AND SCHOOLS IM- hance instructional opportunities for stu- October 15, 2005, as Hispanic Heritage Month; PACTED BY HURRICANE KATRINA (2) celebrates the vast contributions of His- dents who enroll in elementary schools and Subtitle A—Support for Elementary and Sec- secondary schools served by such agency be- panic Americans to the strength and culture ondary Schools With a Large Influx of Dis- cause the students are displaced due to Hur- of our Nation; and placed Students ricane Katrina, which may include— (3) encourages the people of the United ll (1) basic instructional services for such States to observe Hispanic Heritage Month SEC. . SUPPORT FOR ELEMENTARY AND SEC- ONDARY SCHOOLS WITH A LARGE students, including tutoring, mentoring, or with appropriate programs and activities. INFLUX OF DISPLACED STUDENTS. academic counseling; (a) PURPOSE.—It is the purpose of this sec- (2) salaries of personnel, including teacher f tion— aides, to provide instructional services to (1) to provide assistance to eligible local such students; AMENDMENTS SUBMITTED AND educational agencies experiencing large in- (3) identification and acquisition of cur- PROPOSED creases in student enrollment due to Hurri- ricular material, including the costs of pro- cane Katrina; viding additional classroom supplies, over- SA 1706. Mr. BINGAMAN (for himself, Ms. (2) to facilitate the enrollment of students head costs, costs of construction, acquisition LANDRIEU, Mr. REID, Mr. KENNEDY, Ms. MI- impacted by Hurricane Katrina into elemen- or rental of space, costs of transportation, or KULSKI, Mr. DODD, Mrs. CLINTON, Mr. DAY- tary schools and secondary schools served by such other costs as are directly attributable TON, Mr. AKAKA, Mr. LIEBERMAN, Mr. SCHU- such agencies; and to such instructional services for such stu- MER, and Mrs. MURRAY) submitted an amend- (3) to provide high quality instruction to dents; ment intended to be proposed by him to the such students. (4) health services (including mental bill H.R. 2862, making appropriations for (b) GRANTS AUTHORIZED.— health services), meals, and clothing; and Science, the Departments of State, Justice, (1) IN GENERAL.—The Secretary of Edu- (5) such other activities, related to the pur- and Commerce, and related agencies for the cation shall award grants to eligible local pose of this section, as the Secretary of Edu- fiscal year ending September 30, 2006, and for educational agencies. cation may authorize. other purposes; which was ordered to lie on (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- (e) APPROPRIATIONS.— the table. CIES.— (1) IN GENERAL.—Out of any money in the SA 1707. Mr. MCCAIN proposed an amend- (A) CHILD COUNT.—Each State that has a Treasury not otherwise appropriated, there ment to the bill H.R. 2862, supra. large influx of displaced students due to Hur- are authorized to be appropriated and there SA 1708. Mr. SHELBY (for Mr. MARTINEZ) ricane Katrina, as determined by the Sec- are appropriated to carry out this section proposed an amendment to the bill H.R. 2862, retary of Education, shall set a child count such $1,200,000,000. supra. date for local educational agencies in the (2) EMERGENCY DESIGNATION.—The amount SA 1709. Mr. SHELBY (for Mr. TALENT (for State that have a large influx of such stu- appropriated under this subsection is des- himself and Mr. DODD)) proposed an amend- dents, as determined by the State, for the ignated as an emergency requirement pursu- ment to the bill H.R. 2862, supra. purpose of determining the total number of ant to section 402 of H. Con. Res. 95 (109th SA 1710. Mr. SHELBY (for Ms. CANTWELL such students in each such agency. Congress). (for herself and Mr. ALLEN)) proposed an (B) DEFINITION.—In this section, the term Subtitle B—Fund for Early Childhood Care amendment to the bill H.R. 2862, supra. ‘‘eligible local educational agency’’ means a and Education SA 1711. Mr. SHELBY (for Mr. REID) pro- local educational agency— posed an amendment to the bill H.R. 2862, SEC. ll. FUND FOR EARLY CHILDHOOD CARE (i) that serves, as determined in accord- AND EDUCATION. supra. ance with the child count described in sub- (a) PURPOSE.—It is the purpose of this sec- SA 1712. Mr. SHELBY proposed an amend- paragraph (A), not less than 30 displaced stu- tion— ment to the bill H.R. 2862, supra. dents due to Hurricane Katrina; or (1) to provide assistance to local commu- SA 1713. Mr. GRASSLEY submitted an (ii) that serves an elementary school or nities experiencing large influxes of pre- amendment intended to be proposed by him secondary school in which not less than 3 school-aged children displaced by Hurricane to the bill H.R. 2862, supra; which was or- percent of the students enrolled at the Katrina; and dered to lie on the table. school are displaced students due to Hurri- (2) to facilitate placement of such children SA 1714. Mr. CONRAD submitted an cane Katrina, as determined in accordance in early childhood education programs. amendment intended to be proposed by him with the child count described in subpara- (b) EARLY CHILDHOOD EDUCATION PRO- to the bill H.R. 2862, supra; which was or- graph (A). GRAMS.—In this section, the term ‘‘early dered to lie on the table. (3) GRANT AMOUNT.—An eligible local edu- childhood education program’’ means a Head SA 1715. Mr. SHELBY (for Mr. DEWINE) cational agency that receives a grant under Start program or an Early Head Start pro- proposed an amendment to amendment SA this section shall receive a grant amount gram carried out under the Head Start Act 1671 proposed by Mr. DEWINE (for himself, that is equal to $4,000 multiplied by the num- (42 U.S.C. 9831 et seq.), a State licensed or Mr. VOINOVICH, Mr. ALLEN, Mr. WARNER, and ber of students who enroll in elementary regulated child care program or school, or a Mrs. MURRAY) to the bill H.R. 2862, supra. schools and secondary schools served by such State prekindergarten program that serves SA 1716. Mr. INOUYE (for himself, Mr. agency because the students are displaced children from birth through kindergarten. ROCKEFELLER, and Ms. SNOWE) submitted an due to Hurricane Katrina. (c) GRANTS AND SUBGRANTS AUTHORIZED.— amendment intended to be proposed by him (c) APPLICATION.—Each eligible local edu- (1) GRANTS.—The Secretary of Health and to the bill H.R. 2862, supra; which was or- cational agency desiring a grant under this Human Services shall award grants to States dered to lie on the table. section shall prepare and submit an applica- demonstrating large influxes of children and SA 1717. Ms. SNOWE (for herself and Mr. tion to the Secretary of Education that con- families displaced due to Hurricane Katrina. VITTER) submitted an amendment intended tains— (2) SUBGRANTS.— to be proposed by her to the bill H.R. 2862, (1) an assurance that the educational pro- (A) IN GENERAL.—A State receiving a grant supra; which was ordered to lie on the table. grams, services, and activities proposed under paragraph (1) shall award subgrants to

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20321 affected local communities in the State to with respect to a student at such institution the Secretary enters into an agreement with facilitate placement of displaced children in who enrolls in such institution because such the holder of an eligible loan in which, for a existing early childhood education programs. student was impacted by Hurricane Katrina. 180 day period, periodic installments of prin- (B) AFFECTED LOCAL COMMUNITIES.—In this (2) CAMPUS-BASED AID.— cipal are not paid but interest shall accrue paragraph, the term ‘‘affected local commu- (A) SEOG.— and be paid by the Secretary on such loan. nity’’ means a local community in a State (i) IN GENERAL.— (3) PERIOD NOT TO COUNT AGAINST ECONOMIC described in subparagraph (A) in which— (I) AUTHORIZATION.—From funds appro- HARDSHIP PERIODS PROVIDED IN HIGHER EDU- (i) there are not less than 200 pre-school priated under subclause (II), the Secretary of CATION ACT OF 1965.—Notwithstanding any aged children who are displaced due to Hurri- Education shall carry out a program of mak- provision of the Higher Education Act of 1965 cane Katrina; or ing payments to institutions of higher edu- (20 U.S.C. 1001 et seq.), the 180-day grace pe- (ii) there is a significant percentage of the cation to enable such institutions to award riod provided in paragraph (2) for an eligible total number of children participating in Federal supplemental educational oppor- borrower shall not count as part of the 3- early childhood education programs in the tunity grants under subpart 3 of part A of year economic hardship periods provided in community who are children who are in the title IV of the Higher Education Act of 1965 sections 427(a)(2)(C)(iii), 428(b)(1)(M)(iii), community because the children are dis- (20 U.S.C. 1070b et seq.) to students enrolled 455(f)(2)(C), and 464(c)(2)(A)(iii) of the Higher placed due to Hurricane Katrina, as deter- at such institutions who are eligible to re- Education Act of 1965 (20 U.S.C. mined by the Secretary of Health and ceive a grant under such subpart and who en- 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), Human Services. rolled at such institutions because the stu- 1087e(f)(2)(C), and 1087dd(c)(2)(A)(iii)). (d) APPLICATIONS.—Each State that desires dents are displaced due to Hurricane (4) EMERGENCY DESIGNATION.—The amounts to receive a grant under this section shall Katrina, as determined by the Secretary. provided under this paragraph are designated prepare and submit an application to the (II) APPROPRIATIONS.— as an emergency requirement pursuant to Secretary of Health and Human Services (aa) IN GENERAL.—Out of any money in the section 402 of H. Con. Res. 95 (109th Con- that contains— Treasury not otherwise appropriated, there gress). (1) a description of the collaborative plan- are authorized to be appropriated and there Subtitle D—Immediate Aid to Restart School ning process between the State agency re- are appropriated to carry out subclause (I) Operations sponsible for pre-kindergarten, State child $76,500,000. SEC. ll. IMMEDIATE AID TO RESTART SCHOOL care administrator, and Head Start Collabo- (bb) EMERGENCY DESIGNATION.—The OPERATIONS. ration Director to facilitate the placement amount appropriated under this subclause is (a) PURPOSE.—It is the purpose of this sec- of children who are displaced due to Hurri- designated as an emergency requirement tion— cane Katrina in early childhood education pursuant to section 402 of H. Con. Res. 95 (1) to provide immediate and direct assist- programs; (109th Congress). ance to local educational agencies that are (2) assurances that funds received under (ii) WAIVER OF NONFEDERAL SHARE.—Not- in an area that is subject to a declaration by this section will be used for the purpose de- withstanding subpart 3 of part A of title IV the President of a major disaster, as defined scribed in subsection (a); of the Higher Education Act of 1965 (20 U.S.C. in section 102 of the Robert T. Stafford Dis- (3) a plan to coordinate funds received 1070b et seq.), the Federal share of awards aster Relief and Emergency Assistance Act under this section with existing resources made pursuant to this subparagraph shall be (42 U.S.C. 5122) related to Hurricane Katrina; available to the early childhood education equal to 100 percent. (2) to assist school district administrators programs for similar purposes; and (B) WORK-STUDY PROGRAMS.— and personnel of such agencies who are (4) such other information and assurances (i) IN GENERAL.— working to restart operations in elementary as the Secretary of Health and Human Serv- (I) AUTHORIZATION.—From funds appro- schools and secondary schools served by such ices may reasonably require. priated under subclause (II), the Secretary of agencies; and (e) USE OF SUBGRANT FUNDS.— Education shall carry out a program of (3) to facilitate the re-opening of elemen- (1) IN GENERAL.—Each affected local com- awarding grants to institutions of higher tary schools and secondary served by such munity receiving a subgrant under this sec- education to enable such institutions to agencies and the re-enrollment of students in tion shall use the subgrant funds only for— carry out work-study programs under part C such schools as soon as possible. (A) costs associated with accommodating of title IV of the Higher Education Act of (b) GRANTS AUTHORIZED.—The Secretary of the influx of displaced children, including ac- 1965 (20 U.S.C. 2751 et seq.) for students en- Education shall award a grant to a local edu- quisition or rental of space; rolled at such institutions who are eligible cational agency that is in an area that is (B) costs associated with providing services to participate in work-study programs under subject to a declaration by the President of such part and who enrolled at such institu- to displaced children, including related serv- a major disaster, as defined in section 102 of tions because the students are displaced due ices such as nutrition and acquisition of re- the Robert T. Stafford Disaster Relief and to Hurricane Katrina, as determined by the lated materials; and Emergency Assistance Act (42 U.S.C. 5122) re- Secretary. (C) costs associated with hiring additional lated to Hurricane Katrina, based upon— (II) APPROPRIATIONS.— (1) the number of school-aged children personnel, including teacher aides or per- (aa) IN GENERAL.—Out of any money in the served by the local educational agency in the sonnel working with families of children. Treasury not otherwise appropriated, there academic year preceding the academic year (2) INCOME AND DOCUMENTATION WAIVER.— are authorized to be appropriated and there during which the grant is awarded; and The Secretary of Health and Human Services are appropriated to carry out subclause (I) (2) the severity of the impact of Hurricane shall waive requirements of income eligi- $114,500,000. Katrina on the local educational agency and bility and documentation for children dis- (bb) EMERGENCY DESIGNATION.—The the extent of the needs in each local edu- placed by Hurricane Katrina who participate amount appropriated under this subclause is cational agency that is in an area that is in Head Start programs and Early Head designated as an emergency requirement subject to a declaration by the President of Start programs funded by subgrants awarded pursuant to section 402 of H. Con. Res. 95 a major disaster, as defined in section 102 of pursuant to this section. (109th Congress). the Robert T. Stafford Disaster Relief and (f) APPROPRIATIONS.— (ii) WAIVER OF NONFEDERAL SHARE.—Not- Emergency Assistance Act (42 U.S.C. 5122) re- (1) IN GENERAL.—Out of any money in the withstanding part C of title IV of the Higher lated to Hurricane Katrina. Treasury not otherwise appropriated, there Education Act of 1965 (20 U.S.C. 2751 et seq.), (c) USE OF FUNDS.—Each local educational are authorized to be appropriated and there the Federal share of the compensation of agency that receives a grant under this sec- are appropriated to carry out this section students made pursuant to this subparagraph tion shall use the grant funds to restart op- $635,000,000. shall be equal to 100 percent. erations in the elementary schools and sec- (2) EMERGENCY DESIGNATION.—The amount (b) HELP FOR INDIVIDUALS WITH STUDENT ondary schools served by such agency and to appropriated under this subsection is des- LOANS.— take steps to resume the instruction that ignated as an emergency requirement pursu- (1) DEFINITIONS.—In this subsection: was halted due to Hurricane Katrina, which ant to section 402 of H. Con. Res. 95 (109th (A) ELIGIBLE BORROWER.—The term ‘‘eligi- may include— Congress). ble borrower’’ means an individual who has (1) recovery of student and personnel data, Subtitle C—Support for Students in Higher lost the individual’s job due to the impact of and other electronic information; Education Hurricane Katrina, as determined by the (2) replacement of school district informa- SEC. ll. SUPPORT FOR STUDENTS IN HIGHER Secretary of Education. tion systems, including hardware and soft- EDUCATION. (B) ELIGIBLE LOAN.—In this subsection, the ware; (a) STUDENTS IN SCHOOL.— term ‘‘eligible loan’’ means a student loan of (3) financial operations; (1) NO QUESTIONS ASKED POLICY.—The Sec- an eligible borrower made, insured, or guar- (4) decontamination; retary of Education shall authorize an insti- anteed under title IV of the Higher Edu- (5) damage assessments in school and ad- tution of higher education to waive Federal cation Act of 1965 (20 U.S.C. 1070 et seq.). ministration buildings; financial aid requirements, as determined (2) GRACE PERIOD.—The Secretary of Edu- (6) refurbishing school and administration appropriate by the Secretary of Education, cation shall carry out a program in which buildings;

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00149 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20322 CONGRESSIONAL RECORD—SENATE September 14, 2005 (7) rental of portable classroom units and school or secondary school facility, institu- efforts will be extensive and require signifi- facilities; tion of higher education, or early childhood cant resources. (8) initial replacement of instructional ma- education facility, used for academic, voca- (3) It is the responsibility of Congress and terials and equipment; tional, or developmental instruction. the Executive Branch to ensure the financial (9) redeveloping instructional plans; and (f) APPROPRIATIONS.— stability of the nation by being good stew- (10) such other activities related to the (1) IN GENERAL.—Out of any money in the ards of Americans’ hard-earned tax dollars. purpose of this section that may be required. Treasury not otherwise appropriated, there (b) SENSE OF THE SENATE.—It is the sense (d) APPROPRIATIONS.— are authorized to be appropriated and there of the Senate that any funding directive con- (1) IN GENERAL.—Out of any money in the are appropriated to carry out this section tained in this Act, or its accompanying re- Treasury not otherwise appropriated, there $2,000,000,000. port, that is not specifically authorized in are authorized to be appropriated and there (2) EMERGENCY DESIGNATION.—The amount any Federal law as of the date of enactment are appropriated to carry out this section appropriated under this subsection is des- of this section, or Act or resolution passed $1,500,000,000. ignated as an emergency requirement pursu- by the Senate during the 1st Session of the (2) EMERGENCY DESIGNATION.—The amount ant to section 402 of H. Con. Res. 95 (109th 109th Congress prior to such date, or pro- appropriated under this subsection is des- Congress). posed in pursuance to an estimate submitted ignated as an emergency requirement pursu- Subtitle F—Education for Homeless Children in accordance with law, that is for the ben- ant to section 402 of H. Con. Res. 95 (109th and Youths efit of an identifiable program, project, ac- Congress). tivity, entity, or jurisdiction and is not di- SEC. ll. EDUCATION FOR HOMELESS CHILDREN Subtitle E—Improving Educational AND YOUTHS. rectly related to the impact of Hurricane Katrina, may be redirected to recovery ef- Infrastructure (a) IN GENERAL.—In addition to amounts forts if the appropriate head of an agency or SEC. ll. IMPROVING EDUCATIONAL INFRA- otherwise appropriated to carry out subtitle department determines, after consultation STRUCTURE. B of title VII of the McKinney-Vento Home- with appropriate Congressional Committees, (a) PURPOSE.—It is the purpose of this sec- less Assistance Act (42 U.S.C. 11431 et seq.) that the funding directive is not of national tion to assist areas impacted by Hurricane and out of any money in the Treasury not significance or is not in the public interest. Katrina to repair, renovate, alter, or con- otherwise appropriated, there are authorized struct facilities critical to the educational to be appropriated and there are appro- Mr. SHELBY (for Mr. MAR- needs of students, by providing Federal funds priated $20,000,000 for the 180 day period be- SA 1708. to enable local educational agencies, early ginning on the date of enactment of this sec- TINEZ) proposed an amendment to the childhood education programs, and institu- tion to carry out education for homeless bill H.R. 2862, making appropriations tions of higher education to meet costs asso- children and youths under such subtitle for for Science, the Departments of State, ciated with repairing, renovating, altering, homeless children and youths affected by Justice, and Commerce, and related or constructing the facilities of such enti- Hurricane Katrina. agencies for the fiscal year ending Sep- ties. (b) EMERGENCY DESIGNATION.—The amount tember 30, 2006, and for other purposes; (b) GRANTS AUTHORIZED.—The Secretary of appropriated under this section is designated as follows: Education shall award grants to local edu- as an emergency requirement pursuant to cational agencies, early childhood education section 402 of H. Con. Res. 95 (109th Con- On page 170, between lines 9 and 10, insert programs, and institutions of higher edu- gress). the following: cation that are in an area that is subject to SEC. 304. It is the sense of Congress that Subtitle G—Period of Availability of Benefits a declaration by the President of a major the U.S. Coral Reef Task Force should join disaster, as defined in section 102 of the Rob- SEC. ll. PERIOD OF AVAILABILITY OF BENE- with its Federal and State partners to pro- ert T. Stafford Disaster Relief and Emer- FITS. vide an appropriate level of financial and gency Assistance Act (42 U.S.C. 5122) related (a) IN GENERAL.—A benefit or assistance technical support to make the 11th Inter- to Hurricane Katrina, relative to the dem- provided under this title shall be available, national Coral Reef Symposium a successful onstrated need for the repair, renovation, al- and monies appropriated under this title are event. teration, or construction of the facilities of available for obligation by the grantee, such entities based on the condition of the through the date that is 180 days after the SA 1709. Mr. SHELBY (for Mr. TAL- facilities due to the impact of Hurricane date of enactment of this title. ENT (for himself and Mr. DODD)) pro- Katrina. (b) AUTOMATIC EXTENSION.—The period dur- posed an amendment to the bill H.R. ing which a benefit or assistance described in (c) APPLICATIONS.—A local educational 2862, making appropriations for agency, early childhood education program, subsection (a) is available shall be automati- cally extended for an additional 180 days, be- Science, the Departments of State, or institution of higher education that de- Justice, and Commerce, and related sires to receive a grant under this section ginning on the date that is 181 days after the shall submit an application to the Secretary date of enactment of this title, unless the agencies for the fiscal year ending Sep- of Education that contains— President determines that the extension of tember 30, 2006, and for other purposes; (1) the number of students served by such the availability of the benefit or assistance as follows: agency, program, or institution who are, or is not necessary to fully meet the needs of At the end of title VI, insert the following: would be, served in the facilities of such en- individuals, households, and schools affected SEC. 6ll.(a) It is the sense of Congress tity that were impacted due to Hurricane by Hurricane Katrina or a related condition. that all authorities with jurisdiction, includ- Katrina; (c) REPORT.—If the President determines ing the Federal Bureau of Investigation and (2) a description of the improvement to be that an extension is not necessary under sub- other entities within the Department of Jus- supported with funds provided under this section (b), the President shall submit to tice, should— section, including the relative cost of car- Congress a report describing the determina- (1) expeditiously investigate unsolved civil rying out such improvements; tion. rights murders, due to the amount of time (3) an identification of other Federal, that has passed since the murders and the State, or local resources available to carry SA 1707. Mr. MCCAIN proposed an age of potential witnesses; and out improvements for which funds are re- amendment to the bill H.R. 2862, mak- (2) provide all the resources necessary to quested under this section; and ing appropriations for Science, the De- ensure timely and thorough investigations in (4) such other information and assurances partments of State, Justice, and Com- the cases involved. as the Secretary of Education may reason- merce, and related agencies for the fis- (b) In this section: ably require. cal year ending September 30, 2006, and (1) The term ‘‘Chief’’ means the Chief of (d) CONSIDERATION.—In awarding grants for other purposes; as follows: the Section. under this section to local educational agen- (2) The term ‘‘criminal civil rights stat- cies and early childhood education programs, At the appropriate place, insert the fol- utes’’ means— the Secretary of Education shall take into lowing: (A) section 241 of title 18, United States consideration the number of students resid- SEC. ll. SENSE OF THE SENATE. Code (relating to conspiracy against rights); ing in the geographic area served by such (a) FINDINGS.—The Senate finds the fol- (B) section 242 of title 18, United States agencies and programs. lowing: Code (relating to deprivation of rights under (e) USE OF FUNDS.—Each local educational (1) In a time of national catastrophe, it is color of law); agency, early childhood education program, the responsibility of Congress and the Execu- (C) section 245 of title 18, United States or institution of higher education receiving tive Branch to take quick and decisive ac- Code (relating to federally protected activi- funds under this section shall use such funds tion to help those in need. ties); only to facilitate the education of students (2) The size, scope, and complexity of Hur- (D) sections 1581 and 1584 of title 18, United through the repair, renovation, alteration, ricane Katrina are unprecedented, and the States Code (relating to involuntary ser- or construction of a public elementary emergency response and long-term recovery vitude and peonage);

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20323 (E) section 901 of the Fair Housing Act (42 tember 30, 2006, and for other purposes; agricultural producers, and firms can com- U.S.C. 3631); and as follows: pete fully on fair terms and enjoy the bene- (F) any other Federal law that— fits of reciprocal trade concessions; and On page 135, line 25, strike ‘‘$515,087,000’’ (i) was in effect on or before December 31, ‘‘(3) to address and remedy market distor- and insert ‘‘$534,987,000, of which $19,900,000 1969; and tions that lead to dumping and subsidiza- shall be offset by reducing appropriations in (ii) the Criminal Section of the Civil tion, including overcapacity, cartelization, this title for Department of Justice supplies Rights Division of the Department of Justice and market-access barriers.’’. and materials by a total of $19,900,000,’’. enforced, prior to the date of enactment of this Act. SA 1714. Mr. CONRAD submitted an On page 136, between lines 13 and 14, in the amendment intended to be proposed by (3) The term ‘‘Section’’ (except when used item relating to Methamphetamine Hot as part of the term ‘‘Criminal Section’’) Spots, strike ‘‘$60,100,000’’ and insert him to the bill H.R. 2862, making ap- means the Unsolved Crimes Section estab- ‘‘$80,000,000’’. propriations for Science, the Depart- lished under subsection (c). ments of State, Justice, and Com- (c)(1) There is established in the Civil SA 1711. Mr. SHELBY (for Mr. REID) merce, and related agencies for the fis- Rights Division of the Department of Justice cal year ending September 30, 2006, and an Unsolved Crimes Section. The Section proposed an amendment to the bill shall be headed by a Chief of the Section. H.R. 2862, making appropriations for for other purposes; which was ordered (2)(A) Notwithstanding any other provision Science, the Departments of State, to lie on the table; as follows: of Federal law, the Chief shall be responsible Justice, and Commerce, and related for investigating and prosecuting violations agencies for the fiscal year ending Sep- On page 133, line 24, strike ‘‘$1,078,350,000’’ of criminal civil rights statutes, in each case tember 30, 2006, and for other purposes; and insert ‘‘$1,098,350,000, of which $20,000,000 shall be offset by reducing appropriations in in which a complaint alleges that such a vio- as follows: lation— this title for other services by a total of (i) occurred not later than December 31, On page 111, line 5, strike ‘‘$125,936,000’’ and $20,000,000,’’. 1969; and insert ‘‘$116,936,000’’. On page 134, between lines 4 and 5, in the (ii) resulted in a death. On page 130, line 23, strike ‘‘$362,997,000’’ item relating to Justice Assistance Grants, (B) After investigating a complaint under and insert ‘‘$371,997,000’’. strike ‘‘$530,000,000’’ and insert ‘‘$550,000,000’’. subparagraph (A), if the Chief determines On page 132, strike line 14 and insert the On page 134, line 10, strike the period at that an alleged practice that is a violation of following: the end and insert the following: ‘‘: Provided a criminal civil rights statute occurred in a 386; further, That of the funds provided under State, or political subdivision of a State, (9) $2,000,000 for the Rape Abuse and Incest this heading for Justice Assistance Grants, no State, including the District of Columbia that has a State or local law prohibiting the National Network (RAINN); and the Commonwealth of Puerto Rico, shall practice alleged and establishing or author- (10) $1,000,000 for nonprofit, nongovern- receive less than the greater of .50 percent or izing a State or local official to grant or seek mental statewide coalitions serving sexual the amount of funds for Justice Assistance relief from such practice or to institute assault victims; and (11) $6,000,000 to be allocated, in consulta- Grants such State received in fiscal year criminal proceedings with respect to the 2005, and no territory of the United States practice on receiving notice of the practice, tion with the Department of Health and Human Services, to nonprofit, nongovern- shall receive less than the greater of .25 per- the Chief shall consult with the State or cent or the amount of funds for Justice As- local official regarding the appropriate mental statewide domestic violence coali- tions serving domestic violence programs. sistance Grants such territory received in venue for the case involved. fiscal year 2005.’’. (C) After investigating a complaint under subparagraph (A), the Chief shall refer the SA 1712. Mr. SHELBY proposed an SA 1715. Mr. SHELBY (for Mr. complaint to the Criminal Section of the amendment to the bill H.R. 2862, mak- DEWINE) proposed an amendment to Civil Rights Division, if the Chief determines ing appropriations for Science, the De- amendment SA 1671 proposed by Mr. that the subject of the complaint has vio- partments of State, Justice, and Com- lated a criminal civil rights statute in the DEWINE (for himself, Mr. VOINOVICH, merce, and related agencies for the fis- Mr. ALLEN, Mr. WARNER, and Mrs. MUR- case involved but the violation does not cal year ending September 30, 2006, and meet the requirements of clause (i) or (ii) of RAY) to the bill H.R. 2862, making ap- subparagraph (A). for other purposes; as follows: propriations for Science, the Depart- (3)(A) The Chief shall annually conduct a On page 129, line 7, before the ‘‘:’’ insert the ments of State, Justice, and Com- study of the cases under the jurisdiction of following: merce, and related agencies for the fis- the Chief and, in conducting the study, shall ‘‘, and of which $5,000,000 should be for site cal year ending September 30, 2006, and determine the cases— planning and development of a Federal Cor- for other purposes; as follows: (i) for which the Chief has sufficient evi- rectional Institution in the Mid-Atlantic re- On page 1 strike line 6 and all that follows dence to prosecute violations of criminal gion’’. civil rights statutes; and through page 2, line 2, and insert the fol- lowing: (ii) for which the Chief has insufficient evi- SA 1713. Mr. GRASSLEY submitted $859,300,000 shall be available for aeronautics dence to prosecute those violations. an amendment intended to be proposed (B) Not later than September 30 of 2006 and research and development programs of the of each subsequent year, the Chief shall pre- by him to the bill H.R. 2862, making ap- National Aeronautics and Space Administra- pare and submit to Congress a report con- propriations for Science, the Depart- tion. Of the amount available under this sec- taining the results of the study conducted ments of State, Justice, and Com- tion in excess of $852,300,000, not more than under subparagraph (A), including a descrip- merce, and related agencies for the fis- 50 percent of such excess amount may be de- tion of the cases described in subparagraph cal year ending September 30, 2006, and rived from any particular account of the Na- (A)(ii). for other purposes; which was ordered tional Aeronautics and Space Administra- tion. (4)(A) There is authorized to be appro- to lie on the table; as follows: priated to carry out this subsection $5,000,000 for fiscal year 2006 and each subsequent fis- Strike all after ‘‘SEC. 522.’’ and insert the SA 1716. Mr. INOUYE (for himself, cal year. following: ‘‘None of the funds appropriated Mr. ROCKEFELLER, and Ms. SNOWE) sub- (B) Any funds appropriated under this or otherwise made available by this Act may mitted an amendment intended to be paragraph shall consist of additional appro- be used in a manner that is inconsistent with proposed by him to the bill H.R. 2862, priations for the activities described in this the principle negotiating objective of the making appropriations for Science, the subsection, rather than funds made available United States with respect to trade remedy laws to preserve the ability of the United Departments of State, Justice, and through reductions in the appropriations au- Commerce, and related agencies for the thorized for other enforcement activities of States— the Department of Justice. ‘‘(1) to enforce vigorously its trade laws, fiscal year ending September 30, 2006, including the antidumping, countervailing and for other purposes; which was or- SA 1710. Mr. SHELBY (for Ms. CANT- duty, and safeguard laws; dered to lie on the table; as follows: WELL (for herself and Mr. ALLEN)) pro- ‘‘(2) to avoid agreements that— At the appropriate place, insert the fol- posed an amendment to the bill H.R. ‘‘(A) lessen the effectiveness of domestic lowing: and international disciplines on unfair trade, 2862, making appropriations for SEC.ll. EXTENSION OF UNIVERSAL SERVICE especially dumping and subsidies; or FUND EXEMPTION FROM THE Science, the Departments of State, ‘‘(B) lessen the effectiveness of domestic ANTIDEFICIENCY ACT. Justice, and Commerce, and related and international safeguard provisions, in Section 302 of the Universal Service agencies for the fiscal year ending Sep- order to ensure that United States workers, Antideficiency Temporary Suspension Act is

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20324 CONGRESSIONAL RECORD—SENATE September 14, 2005

amended by striking ‘‘December 31, 2005,’’ subject to the same terms and conditions as (2) BUSINESS LOAN PROGRAMS.—Section each place it appears and inserting ‘‘Decem- would otherwise be applicable to any other 20(e) of the Small Business Act (15 U.S.C. 631 ber 31, 2006,’’. loan made under this subsection. note) is amended— ‘‘(D) DEFINITIONS.—In this paragraph, the (A) by striking ‘‘$25,050,000,000’’ and insert- SA 1717. Ms. SNOWE (for herself and following definitions shall apply: ing ‘‘$30,550,000,000’’; and Mr. VITTER) submitted an amendment ‘‘(i) DAMAGED AREA.—The term ‘damaged (B) in paragraph (1)(B)— intended to be proposed by her to the area’ means an area which the President has (i) by striking ‘‘$17,000,000,000’’ and insert- bill H.R. 2862, making appropriations designated as a disaster area as a result of ing ‘‘$20,000,000,000’’; for Science, the Departments of State, Hurricane Katrina of August 2005. (ii) by striking ‘‘$7,500,000,000’’ and insert- Justice, and Commerce, and related ‘‘(ii) QUALIFIED BORROWER.—The term ing ‘‘$10,000,000,000’’; and ‘qualified borrower’ means a small business (C) by striking ‘‘25,050,000,000’’ and insert- agencies for the fiscal year ending Sep- concern or non-profit organization— ing ‘‘30,550,000,000’’. tember 30, 2006, and for other purposes; ‘‘(I) located in a damaged area; or (3) GRANTS TO STATES DAMAGED BY HURRI- which was ordered to lie on the table; ‘‘(II) located in a State contiguous to a CANE KATRINA.—There is authorized to be ap- as follows: damaged area that is using, or intends to propriated, and there is appropriated, to the At the end of title V, add the following: use, a loan made under this subsection for Department of Commerce $400,000,000 to pro- SEC. 5ll. SMALL BUSINESS, HOMEOWNERS, AND purposes of rebuilding or conducting oper- vide, through appropriate government agen- RENTERS DISASTER RELIEF. ations in a damaged area.’’. cies in Louisiana, Alabama, Mississippi, (a) DISASTER LOANS.—Section 7(b) of the (b) DEVELOPMENT COMPANY DEBENTURES.— Texas, and Florida, to provide bridge grants Small Business Act (15 U.S.C. 636(b)) is Section 503 of the Small Business Investment and loans to small business concerns located amended by inserting immediately after Act of 1958 (15 U.S.C. 697) is amended by add- in the area which the President has des- paragraph (3) the following: ing at the end the following: ignated as a disaster area as a result of Hur- ‘‘(4) DISASTER LOANS AFTER HURRICANE ‘‘(j) DEBENTURES AFTER HURRICANE ricane Katrina, to assist in covering costs of KATRINA.— KATRINA.— such concerns until they are able to obtain ‘‘(A) ADDITIONAL LOAN AUTHORITY.— ‘‘(1) AUTHORITY.— loans through Administration assistance ‘‘(i) LOANS TO SMALL BUSINESSES.—In addi- ‘‘(A) IN GENERAL.—In addition to any other programs or other sources. tion to any other loan authorized by this guarantee authorized by this section, the Ad- (4) DISASTER LOAN ADDITIONAL AMOUNTS.— subsection, the Administrator may make ministrator may guarantee the timely pay- In addition to any other amounts otherwise such loans under this subsection (either di- ment of all principal and interest as sched- appropriated for such purpose, there is au- rectly or in cooperation with banks or other uled on any debenture issued for purposes of thorized to be appropriated, and there is ap- lending institutions through agreements to rebuilding or resuming operations in a dam- propriated, to the Administration $86,000,000, participate on an immediate or deferred aged area, as the Administrator determines to make loans under section 7(b) of the basis) as the Administrator determines ap- appropriate. Small Business Act. propriate to a small business concern or ‘‘(B) TERMS.—The Administrator shall es- (5) OTHER DISASTER LOANS FOLLOWING HUR- small agricultural cooperative that dem- tablish a fee for a guarantee issued under RICANE KATRINA.— onstrates a direct adverse economic impact subparagraph (A) that is lower than that for (A) IN GENERAL.—Paragraph (4) of section caused by Hurricane Katrina, based on such other guarantees under this section. 7(b) of the Small Business Act (15 U.S.C. criteria as the Administrator may set by ‘‘(2) EXISTING GUARANTEES.— 636(b)), as added by this Act, is amended by rule, regulation, or order. ‘‘(A) IN GENERAL.—Notwithstanding any adding at the end the following: ‘‘(ii) LOANS TO NONPROFITS.—In addition to other provision of law, the Administrator ‘‘(E) REFINANCING DISASTER LOANS AFTER any other loan authorized by this subsection, may temporarily defer payments of principal HURRICANE KATRINA.— the Administrator may make such loans and interest on a guarantee made under this ‘‘(i) IN GENERAL.—Any loan made under under this subsection (either directly or in section before the date of enactment of this this subsection that was outstanding as to cooperation with banks or other lending in- subsection to a small business concern in a principal or interest on August 24, 2005, may stitutions through agreements to participate damaged area, in any case in which the pay- be refinanced by a small business concern on an immediate or deferred basis) as the Ad- ments are owed to the Administration. that is located in an area designated by the ministrator determines appropriate to a non- ‘‘(B) PAYMENTS TO OTHER PARTIES.—Not- President as a disaster area as a result of profit organization for purposes of repairing withstanding any other provision of law, the Hurricane Katrina of 2005 (in this paragraph damage caused by Hurricane Katrina or per- Administrator may temporarily make pay- referred to as the ‘disaster area’), and the re- forming other hurricane relief services in a ments of principal and interest on a loan financed amount shall be considered to be damaged area. made under this section before the date of part of the new loan for purposes of this sub- ‘‘(B) INCREASED LOAN CAPS.— enactment of this subsection to a small busi- paragraph. ‘‘(i) AGGREGATE LOAN AMOUNTS.—Except as ness concern in a damaged area, in any case ‘‘(ii) NO EFFECT ON ELIGIBILITY.—A refi- provided in clause (ii), the aggregate loan in which the payments are owed to a person nancing under clause (i) by a small business amount outstanding and committed to a other than the Administration. concern shall be in addition to any other qualified borrower in a damaged area under ‘‘(C) TERMINATION OF AUTHORITY.—The au- loan eligibility for that small business con- this paragraph may not exceed $10,000,000. thority to defer, or make, payments under cern under this Act. ‘‘(ii) WAIVER AUTHORITY.—The Adminis- this paragraph shall terminate 1 year after ‘‘(F) REFINANCING BUSINESS DEBT.— trator may, at the discretion of the Adminis- the date of enactment of this subsection. ‘‘(i) IN GENERAL.—Any business debt of a trator, waive the aggregate loan amount es- ‘‘(3) DEFINITIONS.—In this subsection, the small business concern that was outstanding tablished under clause (i). following definitions shall apply: as to principal or interest on August 24, 2005, ‘‘(C) DEFERMENT OF DISASTER LOAN PAY- ‘‘(A) DAMAGED AREA.—The term ‘damaged may be refinanced by the small business con- MENTS.— area’ means an area which the President has cern if it is located in the disaster area. With ‘‘(i) IN GENERAL.—Notwithstanding any designated as a disaster area as a result of respect to a refinancing under this clause, other provision of law, payments of principal Hurricane Katrina of August 2005. payments of principal shall be deferred, and and interest on a loan to a qualified bor- ‘‘(B) QUALIFIED BORROWER.—The term interest may accrue, during the 1-year period rower located in a damaged area made under ‘qualified borrower’ means a small business following the date of refinancing, and the re- this subsection before, on, or after the date concern— financed amount shall be considered to be of enactment of this paragraph shall be de- ‘‘(i) located in a damaged area; or part of a new loan for purposes of this sub- ferred, and no interest shall accrue with re- ‘‘(ii) that demonstrates a direct adverse paragraph. spect to such loan, during the time period economic impact caused by Hurricane ‘‘(ii) RESUMPTION OF PAYMENTS.—At the described in clause (ii). Katrina, based on such criteria as the Ad- end of the 1-year period described in clause ‘‘(ii) TIME PERIOD.—The time period for ministrator may set by rule, regulation, or (i), the payment of periodic installments of purposes of clause (i) shall be 1 year from the order.’’. principal and interest shall be required with later of the date of enactment of this para- (c) SMALL BUSINESS EMERGENCY RELIEF.— respect to such loan, in the same manner and graph or the date of issuance of a loan de- (1) DEFINITIONS.—As used in this sub- subject to the same terms and conditions as scribed in clause (i), but may be extended to section— would otherwise be applicable to any other 2 years from such date, at the discretion of (A) the term ‘‘small business concern’’ has loan made under this subsection. the Administrator. the same meaning as in section 3 of the ‘‘(G) TERMS.—A loan under subparagraph ‘‘(iii) RESUMPTION OF PAYMENTS.—At the Small Business Act; and (E) or (F) shall be made at the same interest end of the time period described in clause (B) the terms ‘‘Administration’’ and ‘‘Ad- rate as economic injury loans under para- (ii), the payment of periodic installments of ministrator’’ mean the Small Business Ad- graph (2). principal and interest shall be required with ministration and the Administrator thereof, ‘‘(H) EXTENDED APPLICATION PERIOD.—Not- respect to such loan, in the same manner and respectively. withstanding any other provision of law, the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20325 Administrator shall accept applications for small business concerns which have had a under paragraph (18)(A) for a period of 1 year assistance under paragraphs (1) and (4) until primary place of business in, or other signifi- after the date of enactment of this subpara- one year after the date on which the Presi- cant presence in the Hurricane Katrina dis- graph shall be as follows: dent designated the area as a disaster area as aster area at any time following the 60 days ‘‘(I) A guarantee fee equal to 1 percent of a result of Hurricane Katrina. prior to the designation of such area by the the deferred participation share of a total ‘‘(I) NO SALE.—No loan under this sub- Administrator. loan amount that is not more than $150,000. section made as a result of Hurricane (2) ADMINISTRATOR ACTION.—The Adminis- ‘‘(II) A guarantee fee equal to 2.5 percent of Katrina may be sold.’’. trator may fulfill the requirement of para- the deferred participation share of a total (B) CLERICAL AMENDMENTS.—Section 7(b) of graph (1) by acting through— loan amount that is more than $150,000, but the Small Business Act (15 U.S.C. 636(b)) is (A) the Small Business Administration; not more than $700,000. amended in the undesignated matter at the (B) the Federal agency small business offi- ‘‘(III) A guarantee fee equal to 3.5 percent end— cials designated under Section 15(k)(1) of the of the deferred participation share of a total (i) by striking ‘‘, (2), and (4)’’ and inserting Small Business Act (15 U.S.C. 644(k)(1)); and loan amount that is more than $700,000.’’. ‘‘and (2)’’; and (C) any Federal, State, or local govern- (2) APPROPRIATION.—There is authorized to (ii) by striking ‘‘, (2), or (4)’’ and inserting ment entity, higher education institution, or be appropriated, and there is appropriated, ‘‘(2)’’. private nonprofit organization that the Ad- $75,000,000 to carry out the amendment made (d) ENTREPRENEURAL DEVELOPMENT.—In ad- ministrator may deem proper, upon conclu- by paragraph (1). dition to any other amounts authorized for sion of a memorandum of understanding or (j) SMALL BUSINESS PARTICIPATION.—In any fiscal year, there are authorized to be assistance agreement, as appropriate, with order to facilitate the maximum practicable appropriated, and there is appropriated, to the Administrator. participation of small business concerns in the Administration, to remain available (h) SMALL BUSINESS BONDING THRESHOLD.— activities related to relief and recovery from until expended, for fiscal year 2006— Notwithstanding any other provision of law, Hurricane Katrina, the Administrator and (1) $21,000,000, to be used for activities of for all procurements related to Hurricane the head of any Federal agency making pro- small business development centers pursuant Katrina, the Administrator may, upon such curements related to the aftermath of Hurri- terms and conditions as it may prescribe, to section 21 of the Small Business Act, cane Katrina, shall set a goal, to be met guarantee and enter into commitments to $15,000,000 of which shall be non-matching within a reasonable time, of awarding to guarantee any surety against loss resulting funds and used to aid and assist small busi- small business concerns not less than 30 per- from a breach of the terms of a bid bond, ness concerns affected by Hurricane Katrina; cent of amounts expended for prime con- payment bond, performance bond, or bonds tracts and not less than 40 percent of (2) $2,000,000, to be used for the SCORE pro- ancillary thereto, by a principal on any total gram authorized by section 8(b)(1) of the work order or contract amount at the time amounts expended for subcontracts on pro- Small Business Act, for the activities de- of bond execution that does not exceed curements such agency related to the after- scribed in section 8(b)(1)(B)(ii) of that Act, $10,000,000. math of Hurricane Katrina. $1,000,000 of which shall be used to aid and as- (i) SUPPLEMENTAL EMERGENCY LOANS.— (k) ENERGY EMERGENCY RELIEF.— sist small business concerns affected by Hur- (1) IN GENERAL.—Section 7(a) of the Small (1) SMALL BUSINESS AND FARM ENERGY ricane Katrina; Business Act (15 U.S.C. 636(a)) is amended by EMERGENCY DISASTER LOAN PROGRAM.— (3) $4,500,000, to be used for activities of adding at the end the following: (A) SMALL BUSINESS DISASTER LOAN AU- women’s business centers authorized by sec- ‘‘(32) SUPPLEMENTAL EMERGENCY LOANS THORITY.—Section 7(b) of the Small Business tion 29(b) of the Small Business Act and for AFTER HURRICANE KATRINA.— Act (15 U.S.C. 636(b)) is amended by inserting recipients of a grant under section 29(l) of ‘‘(A) LOAN AUTHORITY.—In addition to any after paragraph (4), as added by this Act, the that Act, $2,500,000 of which shall be non- other loan authorized by this subsection, the following: matching funds used to aid and assist small Administrator shall make such loans under ‘‘(5)(A) For purposes of this paragraph— business concerns affected by Hurricane this subsection (either directly or in co- ‘‘(i) the term ‘base price index’ means the Katrina, which may also be made available operation with banks or other lending insti- moving average of the closing unit price on to a women’s business center whose 5-year tutions through agreements to participate the New York Mercantile Exchange for heat- project ended in fiscal year 2004; on an immediate or deferred basis) as the Ad- ing oil, natural gas, gasoline, or propane for (4) $1,250,000, to be used for activities of the ministrator determines appropriate to a the 10 days, in each of the most recent 2 pre- office of veteran’s business development pur- small business concern adversely affected by ceding years, which correspond to the trad- suant to section 32 of the Small Business Hurricane Katrina, subject to subparagraph ing days described in clause (ii); Act, $750,000 of which shall be used to aid and (B). ‘‘(ii) the term ‘current price index’ means assist small business concerns affected by ‘‘(B) OVERSIGHT PROTECTIONS.—In making the moving average of the closing unit price Hurricane Katrina; and any loan under subparagraph (A)— on the New York Mercantile Exchange, for (5) $5,000,000, to be used for activities of the ‘‘(i) the borrower shall be made aware that the 10 most recent trading days, for con- microloan program authorized by clauses (ii) such loans are for those adversely affected tracts to purchase heating oil, natural gas, and (iii) of section 7(m)(1)(G) of the Small by Hurricane Katrina; and gasoline, or propane during the subsequent Business Act to aid and assist small business ‘‘(ii) for loans made in cooperation with a calendar month, commonly known as the concerns adversely affected by Hurricane bank or other lending institution— ‘front month’; Katrina. ‘‘(I) lenders shall document for the Admin- ‘‘(iii) the term ‘significant increase’ (e) SMALL BUSINESS DEVELOPMENT CEN- istrator how the borrower was adversely af- means— TERS.—Section 21(a)(4) of the Small Business fected by Hurricane Katrina, whether di- ‘‘(I) with respect to the price of heating oil, Act (15 U.S.C. 648(a)(4)) is amended by adding rectly, or indirectly; and natural gas, gasoline, or propane, any time at the end the following: ‘‘(II) not later than 6 months after the date the current price index exceeds the base ‘‘(D) FISCAL YEARS 2005 AND 2006.—For fiscal of enactment of this paragraph, and every 6 price index by not less than 40 percent; and years 2005 and 2006, the Administrator has months thereafter until the date that is 18 ‘‘(II) with respect to the price of kerosene, the authority to waive the maximum months after the date of enactment of this any increase which the Administrator, in amount of $100,000 for grants under para- paragraph, the Comptroller General shall consultation with the Secretary of Energy, graph (C)(viii) for small business develop- make a report regarding such loans to the determines to be significant; and ment centers assisting small business con- Committee on Small Business and Entrepre- ‘‘(iv) a small business concern engaged in cerns adversely affected by Hurricane neurship of the Senate and the Committee the heating oil business is eligible for a loan, Katrina.’’. on Small Business of the House of Represent- if the small business concern sells not more (f) HUBZONES.—Section 3(p)(1) of the Small atives, including verification that such loans than 10,000,000 gallons of heating oil per Business Act (15 U.S.C. 632(p)(1)) is amend- are being used for purposes authorized by year. ed— this paragraph. ‘‘(B) The Administration may make such (1) in subparagraph (D), by striking ‘‘or’’; ‘‘(C) FEES.— loans, either directly or in cooperation with (2) in subparagraph (E), by striking the pe- ‘‘(i) IN GENERAL.—Notwithstanding any banks or other lending institutions through riod and inserting ‘‘; or’’; and other provision of law, the Administrator agreements to participate on an immediate (3) by adding at the end the following: shall, in lieu of the fee established under or deferred basis, to assist a small business ‘‘(F) the Hurricane Katrina disaster area, paragraph (23)(A), collect an annual fee of concern that has suffered or that is likely to as designated by the Administrator.’’. 0.25 percent of the outstanding balance of de- suffer substantial economic injury on or (g) OUTREACH PROGRAMS.— ferred participation loans made under this after January 1, 2005, as the result of a sig- (1) IN GENERAL.—Not later than 90 days subsection to qualified borrowers for a period nificant increase in the price of heating oil, after the date of enactment of this Act, the of 1 year after the date of enactment of this natural gas, gasoline, propane, or kerosene Administrator of the Small Business Admin- paragraph. occurring on or after January 1, 2005. istration shall establish a contracting out- ‘‘(ii) GUARANTEE FEES.—Notwithstanding ‘‘(C) Any loan or guarantee extended pur- reach and technical assistance program for any other provision of law, the guarantee fee suant to this paragraph shall be made at the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00153 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20326 CONGRESSIONAL RECORD—SENATE September 14, 2005 same interest rate as economic injury loans Administration under paragraph (3), or 30 istration, after consultation with the Sec- under paragraph (2). days after the date of enactment of this Act, retary of Energy, shall promulgate regula- ‘‘(D) No loan may be made under this para- with respect to assistance under section tions specifying the method for determining graph, either directly or in cooperation with 7(b)(5) of the Small Business Act, as added by a significant increase in the price of ker- banks or other lending institutions through this subsection. osene under section 7(b)(5)(A)(iii)(II) of the agreements to participate on an immediate (2) FARM ENERGY EMERGENCY RELIEF.— Small Business Act, as added by this Act. or deferred basis, if the total amount out- (A) IN GENERAL.—Section 321(a) of the Con- (l) BUDGETARY TREATMENT OF LOANS AND standing and committed to the borrower solidated Farm and Rural Development Act FINANCINGS.— under this subsection would exceed $1,500,000, (7 U.S.C. 1961(a)) is amended— (1) IN GENERAL.—Assistance made available unless such borrower constitutes a major (i) in the first sentence— under any loan made or approved by the Ad- source of employment in its surrounding (I) by striking ‘‘operations have’’ and in- ministration under this section, subsections area, as determined by the Administration, serting ‘‘operations (i) have’’; and (a) or (b) of section 7 of the Small Business in which case the Administration, in its dis- (II) by inserting before ‘‘: Provided,’’ the Act (15 U.S.C. 636(a)), as amended by this sec- cretion, may waive the $1,500,000 limitation. following: ‘‘, or (ii)(I) are owned or operated tion, except for subsection 7(a)(23)(C), or ‘‘(E) For purposes of assistance under this by such an applicant that is also a small financings made under title V of the Small paragraph— business concern (as defined in section 3 of Business Investment Act of 1958 (15 U.S.C. 695 ‘‘(i) a declaration of a disaster area based the Small Business Act (15 U.S.C. 632)), and et seq.), as amended by this section, on and on conditions specified in this paragraph (II) have suffered or are likely to suffer sub- after the date of enactment of this Act, shall shall be required, and shall be made by the stantial economic injury on or after January be treated as separate programs of the Small President or the Administrator; or 1, 2005, as the result of a significant increase Business Administration for purposes of the ‘‘(ii) if no declaration has been made pursu- in energy costs or input costs from energy Federal Credit Reform Act of 1990 only. ant to clause (i), the Governor of a State in sources occurring on or after January 1, 2005, (2) USE OF FUNDS.—Assistance under this which a significant increase in the price of in connection with an energy emergency de- section and the amendments made by this heating oil, natural gas, gasoline, propane, clared by the President or the Secretary’’; section shall be available effective only to or kerosene has occurred may certify to the (ii) in the third sentence, by inserting be- the extent that funds are made available Administration that small business concerns fore the period at the end the following: ‘‘or under appropriations Acts, which funds shall have suffered economic injury as a result of by an energy emergency declared by the be utilized to offset the cost (as such term is such increase and are in need of financial as- President or the Secretary’’; and defined in section 502 of the Federal Credit sistance which is not otherwise available on (iii) in the fourth sentence— Reform Act of 1990) of such assistance. reasonable terms in that State, and upon re- (I) by inserting ‘‘or energy emergency’’ (m) EMERGENCY SPENDING.—Appropriations ceipt of such certification, the Administra- after ‘‘natural disaster’’ each place that under this section are designated as emer- tion may make such loans as would have term appears; and gency spending, as provided under section 402 been available under this paragraph if a dis- (II) by inserting ‘‘or declaration’’ after of H. Con. Res. 95 (109th Congress). aster declaration had been issued. ‘‘emergency designation’’. f ‘‘(F) Notwithstanding any other provision (B) FUNDING.—Funds available on the date of law, loans made under this paragraph may of enactment of this Act for emergency loans AUTHORITY FOR COMMITTEES TO be used by a small business concern de- under subtitle C of the Consolidated Farm MEET scribed in subparagraph (B) to convert from and Rural Development Act (7 U.S.C. 1961 et SELECT COMMITTEE ON INTELLIGENCE the use of heating oil, natural gas, gasoline, seq.) shall be available to carry out the propane, or kerosene to a renewable or alter- amendments made by subparagraph (A) to Mr. GREGG. Mr. President, I ask native energy source, including agriculture meet the needs resulting from natural disas- unanimous consent that the Select and urban waste, geothermal energy, cogen- ters. Committee on Intelligence be author- eration, solar energy, wind energy, or fuel (C) REPORT.—Not later than 12 months ized to meet during the session of the cells.’’. after the date on which the Secretary of Ag- Senate on September 14, 2005 at 10:30 (B) CONFORMING AMENDMENTS.—Section riculture issues guidelines under paragraph a.m. to hold a briefing. 3(k) of the Small Business Act (15 U.S.C. (3)(A), and annually thereafter, the Sec- The PRESIDING OFFICER. Without 632(k)) is amended— retary shall submit to the Committee on (i) by inserting ‘‘, significant increase in Small Business and Entrepreneurship and objection, it is so ordered. the price of heating oil, natural gas, gaso- the Committee on Agriculture, Nutrition, COMMITTEE ON HOMELAND SECURITY AND line, propane, or kerosene’’ after ‘‘civil dis- and Forestry of the Senate and to the Com- GOVERNMENTAL AFFAIRS orders’’; and mittee on Small Business and the Com- Mr. GREGG. Mr. President, I ask (ii) by inserting ‘‘other’’ before ‘‘eco- mittee on Agriculture of the House of Rep- unanimous consent that the Com- nomic’’. resentatives, a report that— mittee on Homeland Security and Gov- (C) REPORT.—Not later than 12 months (i) describes the effectiveness of the assist- ernmental Affairs be authorized to after the date on which the Administrator of ance made available under section 321(a) of the Small Business Administration issues the Consolidated Farm and Rural Develop- meet to conduct a hearing during the guidelines under paragraph (3)(A), and annu- ment Act (7 U.S.C. 1961(a)), as amended by session of the Senate on Wednesday ally thereafter, the Administrator shall sub- this section; and September 14, 2005, at 10 a.m. in Dirk- mit to the Committee on Small Business and (ii) contains recommendations for ways to sen Senate Office Building, room 342, Entrepreneurship of the Senate and the Com- improve the assistance provided under such on ‘‘Recovering from Katrina: The mittee on Small Business of the House of section 321(a). Next Phase’’ Representatives, a report on the effective- (D) EFFECTIVE DATE.—The amendments Witness List: The Honorable Pete ness of the assistance made available under made by this subsection shall apply during Wilson, Former Governor, California; section 7(b)(5) of the Small Business Act, as the 4-year period beginning on the earlier of added by this subsection, including— the date on which guidelines are published The Honorable Patricia A. Owens, (i) the number of small business concerns by the Secretary of Agriculture under para- Former Mayor, Grand Forks, North that applied for a loan under that section graph (3), or 30 days after the date of enact- Dakota; The Honorable Marc H. 7(b)(5) and the number of those that received ment of this Act, with respect to assistance Morial, President and CEO, National such loans; under section 321(a) of the Consolidated Urban League, Former Mayor of New (ii) the dollar value of those loans; Farm and Rural Development Act (7 U.S.C. Orleans; Iain B. Logan, Operations Li- (iii) the States in which the small business 1961(a)), as amended by this subsection. aison, International Federation of Red concerns that received such loans are lo- (3) GUIDELINES AND RULEMAKING.— Cross and Red Crescent Societies. cated; (A) GUIDELINES.—Not later than 30 days (iv) the type of energy that caused the sig- after the date of enactment of this Act, the The PRESIDING OFFICER. Without nificant increase in the cost for the partici- Administrator of the Small Business Admin- objection, it is so ordered. pating small business concerns; and istration and the Secretary of Agriculture COMMITTEE ON THE JUDICIARY. (v) recommendations for ways to improve shall each issue guidelines to carry out para- Mr. GREGG. Mr. President, I ask the assistance provided under that section graphs (1) and (2), respectively, and the unanimous consent that the Com- 7(b)(5), if any. amendments made thereby, which guidelines mittee on the Judiciary be authorized (D) EFFECTIVE DATE.—The amendments shall become effective on the date of their made by this subsection shall apply during issuance. to meet to conduct a hearing on the the 4-year period beginning on the earlier of (B) RULEMAKING.—Not later than 30 days nomination of John G. Roberts Jr. to the date on which guidelines are published after the date of enactment of this Act, the be Chief Justice of the United States by the Administrator of the Small Business Administrator of the Small Business Admin- on Wednesday, September 14, 2005 at 9

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 CONGRESSIONAL RECORD—SENATE 20327 a.m. in the Hart Senate Office Building tion or debate, and that any state- The resolution (S. Res. 238) was Room 216. John G. Roberts Jr. is the ments relating to this measure be agreed to. only witness. Note that this is a time printed in the RECORD. The preamble was agreed to. change. The PRESIDING OFFICER. Without The resolution, with its preamble, The PRESIDING OFFICER. Without objection, it is so ordered. reads as follows: The resolution (S. Res. 221) was objection, it is so ordered. S. RES. 238 agreed to. SUBCOMMITTEE ON AVIATION The preamble was agreed to. Whereas from September 15, 2005, through Mr. GREGG. Mr. President, I ask The resolution, with its preamble, October 15, 2005, the country celebrates His- panic Heritage Month; unanimous consent that the Sub- reads as follows: committee on Aviation be authorized Whereas the presence of Hispanics on this S. RES. 221 to meet on Wednesday, September 14, continent predates the founding of our Na- Whereas college and university campuses tion, and, as among the first to settle in the 2005, at 10 a.m., on the Impact of Hurri- are subject to criminal threats both from New World, Hispanics and their descendants cane Katrina on the Aviation Industry, within and outside their borders; have had a profound and lasting influence on in SD–562. Whereas under the Jeanne Clery Disclosure American history, values, and culture; The PRESIDING OFFICER. Without of Campus Security Policy and Campus Whereas since the arrival of the earliest objection, it is so ordered. Crime Statistics Act a total of 86 homicides, Spanish settlers more than 400 years ago, f 7,648 sex offenses, 9,649 aggravated assaults, millions of Hispanic men and women have and 3,590 arsons were reported on-campus come to the United States from Mexico, HONORING THE SOLDIERS OF THE from 2000 to 2002; Puerto Rico, Cuba, El Salvador and other ARMY’S BLACK CORPS OF ENGI- Whereas between 1⁄5 and 1⁄4 of female stu- Caribbean regions, Central America, South NEERS dents become the victim of a completed or America, and Spain, in search of freedom, attempted rape, usually by someone they peace, and opportunity; Mr. SHELBY. Mr. President, I ask know, during their college careers; Whereas Hispanic Americans have contrib- unanimous consent that the Armed Whereas each year more than 70,000 stu- uted throughout the ages to the prosperity Services Committee be discharged from dents between the ages of 18 and 24 are vic- and culture of our nation; further consideration and the Senate tims of alcohol-related sexual assault; Whereas the United States Census Bureau now proceed to H. Con. Res. 67. Whereas each year more than 600,000 stu- now lists Hispanic Americans as the largest The PRESIDING OFFICER. Without dents between the ages of 18 and 24 are as- ethnic minority within the United States; objection, it is so ordered. The clerk saulted by another student who has been Whereas Hispanic Americans serve in all will report the concurrent resolution drinking; branches of the military and have fought Whereas 1,400 college students between the valiantly in every war in United States his- by title. ages of 18 and 24 die each year from alcohol- tory; The legislative clerk read as follows: related unintentional injuries, including Whereas the Medal of Honor is the highest A concurrent resolution (H. Con. Res. 67) motor vehicle crashes; United States military distinction, awarded honoring the soldiers of the Army’s Black Whereas each year there is approximately since the Civil War for ‘‘conspicuous gal- Corps of Engineers for their contributions in $2.8 million dollars worth of property dam- lantry and intrepidity at the risk of life constructing the Alaska-Canada highway age from fires on-campus; above and beyond the call of duty’’; during World War II and recognizing the im- Whereas Security On Campus, Inc., a na- Whereas 41 men of Hispanic origin have portance of these contributions to the subse- tional group dedicated to promoting safety earned this distinction, including 21 such quent integration of the military. and security on college and university cam- men who sacrificed their lives; There being no objection, the Senate puses, and the University of Wisconsin-Green Whereas many Hispanic Americans who proceeded to consider the concurrent Bay Student Government Association have served in the military have continued their designated September 2005 as National Cam- service to our country; resolution. pus Safety Awareness Month; and Whereas Hispanic Americans are dedicated Mr. SHELBY. I ask unanimous con- Whereas the designation of National Cam- public servants, holding posts at the highest sent that the concurrent resolution be pus Safety Awareness Month provides an op- levels of government, including two seats in agreed to, the preamble be agreed to, portunity for colleges and universities to in- the United States Senate; and and the motion to reconsider be laid form students about existing campus crime Whereas Hispanic Americans harbor a deep upon the table. trends, campus security policies, crime pre- commitment to family and community, an The PRESIDING OFFICER. Without vention techniques, fire safety, and alcohol enduring work ethic, and a perseverance to objection, it is so ordered. and other drug education, prevention, and succeed: Now, therefore, be it treatment programs: Now, therefore, be it Resolved, That the Senate— The concurrent resolution (H. Con. Resolved, That the Senate supports the (1) recognizes September 15, 2005, through Res. 67) was agreed to. goals and ideals of ‘‘National Campus Safety October 15, 2005, as Hispanic Heritage Month; The preamble was agreed to. Awareness Month’’. (2) celebrates the vast contributions of His- f f panic Americans to the strength and culture of our Nation; and NATIONAL CAMPUS SAFETY HISPANIC HERITAGE MONTH (3) encourages the people of the United AWARENESS MONTH Mr. SHELBY. Mr. President, I now States to observe Hispanic Heritage Month Mr. SHELBY. Mr. President, I ask ask unanimous consent that the Sen- with appropriate programs and activities. unanimous consent that the Judiciary ate proceed to the immediate consider- f Committee be discharged from further ation of S. Res. 238, which was sub- consideration of S. Res. 221 and that mitted earlier today. ORDERS FOR THURSDAY, the Senate proceed to its immediate The PRESIDING OFFICER. The SEPTEMBER 15, 2005 clerk will report the resolution by consideration. Mr. SHELBY. Mr. President, I ask title. The PRESIDING OFFICER. Without unanimous consent that when the Sen- The legislative clerk read as follows: objection, it is so ordered. The clerk ate completes its business today, it ad- will report the resolution by title. A resolution (S. Res. 238) recognizing His- panic Heritage Month and celebrating the journ until 9:30 a.m. on Thursday, Sep- The legislative clerk read as follows: vast contributions of Hispanic Americans to tember 15. I further ask unanimous A resolution (S. Res. 221) supporting the the strength and culture of our Nation. consent that following the prayer and goals and ideals of ‘‘National Campus Safety There being no objection, the Senate the pledge the morning hour be deemed Awareness Month.’’ proceeded to consider the resolution. expired, the Journal of proceedings be There being no objection, the Senate Mr. SHELBY. Mr. President, I ask approved to date, the time for the two proceeded to consider the resolution. unanimous consent that the resolution leaders be reserved, and the Senate re- Mr. SHELBY. Mr. President, I ask be agreed to, the preamble be agreed sume consideration of H.R. 2862, the unanimous consent that the resolution to, and the motion to reconsider be laid Commerce-Justice-Science appropria- be agreed to, the preamble be agreed upon the table. tions bill. to, and the motion to reconsider be laid The PRESIDING OFFICER. There The PRESIDING OFFICER. Without upon the table, with no intervening ac- being no objection, it is so ordered. objection, it is so ordered.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00155 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20328 CONGRESSIONAL RECORD—SENATE September 14, 2005 PROGRAM of the remaining amendments. That ADJOURNMENT UNTIL 9:30 A.M. will then allow us to proceed to votes TOMORROW Mr. SHELBY. Mr. President, on be- on those few amendments which re- half of the leader, and as manager of quire votes. Mr. SHELBY. Mr. President, if there the bill, I announce to my colleagues It is the expectation of the leader is no further business to come before that we are very close to completing that we will begin voting around 10:45 the Senate, I ask unanimous consent action on the bill. Earlier, we had or 11 tomorrow morning. We should that the Senate stand in adjournment hoped to finish this evening but we continue voting until we proceed to under the previous order. were working on just a few remaining final passage. issues. Again, I thank my colleagues for There being no objection, the Senate, Tomorrow, we will resume consider- their cooperation on the bill today, and at 8:26 p.m., adjourned until Thursday, ation of the bill shortly after 9:30 a.m. I look forward to completion of the bill September 15, 2005, at 9:30 a.m. At that time, we hope to clear several at an early hour tomorrow.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20329 EXTENSIONS OF REMARKS

ON THE PLEDGE OF ALLEGIANCE every day, as we do in the House of Rep- IN MEMORY OF THOSE LOST IN resentatives, with these 31 words. KATRINA—LET US ENSURE NO ONE IS ABANDONED AGAIN HON. NICK J. RAHALL II As an editorial from the Register-Herald, of OF WEST VIRGINIA my hometown of Beckley, West Virginia, best IN THE HOUSE OF REPRESENTATIVES summed up last year: HON. CHARLES B. RANGEL Wednesday, September 14, 2005 OF NEW YORK Children cannot be compelled to recite the IN THE HOUSE OF REPRESENTATIVES Mr. RAHALL. Mr. Speaker, I rise today to Pledge or even listen to it, if they don’t wish Wednesday, September 14, 2005 affirm that we are one Nation under God. For to. over 225 years the moral fiber of this Nation Mr. RANGEL. Mr. Speaker, Hurricane The Supreme Court will sooner or later Katrina and the tragedy that followed forced has been built not upon the law of man, but have to delete the phrase or else rule in its many people to revisit an issue that had been rather upon the law of God. defense, an action requiring only this: re- ignored by this Nation for far too long—the The roots of the Pledge of Allegiance go spect for constitutional language and a grain high rate of poverty in the United States. back to Francis Bellamy, a Baptist minister of common sense. who wrote the original Pledge in August 1892. There is no question that one of the root causes of the tragedy that occurred in New It was still an ‘‘unofficial’’ pledge until June 22, f 1942, when the United States Congress in- Orleans was poverty. The people with the eco- nomic means to do so left the city prior to the cluded the ‘‘Pledge to the Flag’’ in the United IN RECOGNITION OF MR. ROGER storm. Those left in the city were unable to States Flag Code. On December 28, 1945, the DESJARLAIS Pledge to the Flag received its official title as flee because they could not afford to do so, our Nation’s Pledge of Allegiance. thereby forcing them to ride out the storm in The last change in the Pledge of Allegiance HON. E. CLAY SHAW, JR. their homes or in the shelter of ‘‘last resort.’’ occurred on June 14, 1954 (Flag Day), when Many of those left behind were from predomi- Congress added the words, ‘‘under God,’’ to OF FLORIDA nately low-income areas, such as the city’s ninth ward. the Pledge of Allegiance. IN THE HOUSE OF REPRESENTATIVES Although today, U.S. District Judge Law- Ironically, the day after Hurricane Katrina ravaged New Orleans, the Census Bureau re- rence Karlton ruled that the pledge’s reference Wednesday, September 14, 2005 ported that nearly 30 percent of the city’s resi- to one nation ‘‘under God’’ violates school- dents were living in poverty, making it the sec- children’s right to be ‘‘free from a coercive re- Mr. SHAW. Mr. Speaker, I rise today to rec- ond poorest city in the Nation. Meanwhile, the quirement to affirm God.’’ Judge Karlton then ognize my good friend, Broward County Ad- overall poverty rate for the Nation increased issued a restraining order preventing the reci- ministrator Roger Desjarlais who will retire this for the fourth year in a row. An additional 1.1 tation of the pledge at three separate elemen- month following seven and a half years of million Americans fell into poverty last year, tary schools where the plaintiff’s children at- service to the people and residents of Broward County. bringing the total number to 37 million. tended school. Will this judge also take away It is clear that although many residents of American schoolchildren’s milk money embla- In 1998, after more than twenty years of dis- New Orleans waited for days to be rescued zoned with the words, ‘‘In God We Trust?’’ tinguished service in Lee County, Florida, from flood waters, they, and millions of other Will this judge deny our schoolchildren hearing Roger Desjarlais was appointed Broward Americans, were abandoned by this adminis- the ringing words of our Declaration of Inde- County Administrator by the Board of County tration a long time ago. Programs designed to pendence, which intones the Almighty Commissioners. Throughout his tenure, his dy- alleviate poverty and assist working families throughout this sacred document? namic leadership style, exemplified by his struggling to make ends meet have seen their A restraining order to prevent children from funding cut in recent years. Critical programs reaffirming their faith in God and Country? track record of work with local, State, and Federal officials and business and community such as child care assistance, job training, How absurd! Can you imagine the police low-income housing assistance, and after- leaders, has proven effective throughout his storming an elementary school and school programs have seen their budgets re- handcuffing a 9-year-old child for uttering time in Broward County. duced in favor of tax cuts for the wealthy. ‘‘under God’’? Mr. Desjarlais has accomplished a great Meanwhile, the Republican leadership plans President Eisenhower said at the time, ‘‘In deal during the past seven and a half years: to continue to pursue its irresponsible plan to this way we are reaffirming the transcendence improving key services, providing critical infra- further dismantle what is left of this country’s of religious faith in America’s heritage and fu- structure improvements in unincorporated safety net by making additional cuts to entitle- ture; in this way we shall constantly strengthen ment programs. Many of these programs are those spiritual weapons which forever will be areas of Broward County, and implementing multi-million dollar expansion programs for going to provide critical services to the sur- our country’s most powerful resource in peace vivors of Hurricane Katrina. and war.’’ Port Everglades and Fort Lauderdale-Holly- Repairing the damage from Hurricane As President Eisenhower stated, God is wood International Airport at Dania Beach. He Katrina and its aftermath will take more than America’s most powerful resource. In his pres- has managed this and more, expanding pro- repairing broken levees and rebuilding homes ence, we remain attentive of the character and grams and levels of service, all while devel- and businesses. If we truly want to ensure that spirit of our Nation, and we are determined to oping a balanced budget with reduced millage the death, destruction, and human suffering fashion a better and brighter future for the rates for the past seven years in a row. that was caused by the storm and its after- generations that follow. Only under the watch- Mr. Speaker, Roger Desjarlais’ capable and math does not happen again, we need to re- ful eye of God can all we hope for be accom- collaborative style has been outstandingly suc- move the hurdles that force people to live in plished and all we dream of come true. poverty. For 58 years, schoolchildren and billions of cessful and has greatly benefited the people We should work to ensure that all workers men and women across this Nation have of Broward County. Although he has decided receive a livable wage so that they are able to gazed upon our Flag, the Star Spangled Ban- to pursue new opportunities, his work has not support themselves and their families. Also, ner, and proudly recited their pledge to their gone unnoticed, and I am certain that Roger we need to guarantee that every American home and the greatest Nation on Earth, and I will remain an active participant in his commu- has access to all of the educational opportuni- can think of no better way to begin each and nity, State, and Nation. ties that are available so that all of our citizens

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

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20330 EXTENSIONS OF REMARKS September 14, 2005 have the means to live a better life. Finally, TRIBUTE TO SHAWN RICHARD drafted to mirror the Declaration of Independ- when families fall behind and need additional TALLANT ence and set out such radical notions like assistance to get them through tough times, women’s freedom to own property, receive an we need to ensure that the Federal Govern- HON. HAROLD E. FORD, JR. education, and file for divorce. ment has the resources to assist our most vul- OF TENNESSEE In 1851, a second women’s rights conven- tion was held in Akron, Ohio. It was at this nerable citizens. IN THE HOUSE OF REPRESENTATIVES Let us use the tragedy that occurred in the convention that Sojourner Truth delivered the Wednesday, September 14, 2005 Gulf region as a catalyst for eradicating pov- famous ‘‘Ain’t I A Woman?’’ speech. The erty in this Nation. In memory of those who Mr. FORD. Mr. Speaker, I rise today to pay woman’s suffrage movement, however, was were lost in the storm and its aftermath, and tribute to Shawn Richard Tallant who has not solely limited to organized conventions. for the survivors, let us do everything we can served our country with bravery and distinction Under the leadership of Elizabeth Cady Stan- to ensure that no one is abandoned again. as a member of the United States Navy. A ton and Susan B. Anthony the National Amer- graduate of the United States Naval Academy, ican Women Suffrage Association (NAWSA) f Captain Tallant retired from the Navy on July was formed. 15, 2005 after 27 years of distinguished serv- Susan B. Anthony also established the TRIBUTE TO NICOLE ROBBINS ice. Equal Rights Association to refute ideas that Captain Tallant was Commanding Officer of women were inferior to men and fight for a the USS Nashville, which participated in Oper- woman’s right to vote. In 1872, Susan B. An- HON. JIM GIBBONS ation Iraqi Freedom and Operation Enduring thony and other women voted in the presi- OF NEVADA Freedom. In addition, the USS Nashville, dential election, and were arrested and fined IN THE HOUSE OF REPRESENTATIVES under Captain Tallant’s command, was one of for illegal voting. At her trial, which attracted three ships sent to conduct humanitarian oper- nationwide attention, Susan B. Anthony made Wednesday, September 14, 2005 ations under Joint Task Force Liberia. a speech that ended with the slogan ‘‘Resist- Mr. GIBBONS. Mr. Speaker, I rise today to Like all citizens of Tennessee, I am proud of ance to Tyranny Is Obedience to God’’. She honor Nicole Robbins of Nevada: mother, con- the historical importance of these events and also campaigned for the rights of women to cerned citizen, and modern-day crime-fighter. how one of our namesake ships was critical to own property, to keep their own earnings, and On July 13th, Ms. Robbins observed a series the success of this Nation’s peacekeeping ef- to have custody of their children. I am espe- of events unfold outside her apartment com- forts in Iraq, Afghanistan and Liberia. Captain cially proud that it was in Rochester, New plex involving what appeared to be an at- Tallant’s leadership was integral to the Nash- York that Susan B. Anthony fought so hard for tempted kidnapping of a five year old girl by ville’s contributions. the rights that women throughout this country an intoxicated, convicted Tier 2 sex offender. Prior to his service on the Nashville, Captain rely on today. In fact, in 1900, she persuaded The man, calling himself ‘‘Pastor Tree’’, at- Tallant was the Executive Officer on the nu- the University of Rochester, in my Congres- tempted to lure the girl away with him, prom- clear-powered aircraft carrier USS Dwight D. sional District, to admit women. ising to take her to a store. Thankfully the little Eisenhower. Today, Captain Tallant has joined In the early 1900s, a new generation of girl was smart enough to alert her mother, the private sector involved in the design of fu- leaders joined the women’s suffrage move- who subsequently called the police, after the ture nuclear aircraft carriers. ment, including Carrie Chapman Catt, Maud man went to retrieve his car. The boyfriend of Captain Tallant is an example of the cour- Wood Park, Lucy Burns, Alice Paul, and the mother confronted the man upon his return age and commitment of our military and I ask Harriot E. Blatch. During this era, the Wom- for the girl. During this confrontation, the man my colleagues to join me in honoring Captain en’s Rights movement increased its momen- started to drive away. Tallant for his meritorious and distinguished tum by organizing marches, pickets and other protests. Suffragette Alice Paul and other ac- Although police were en route, this man had service to his fellow sailors and our Nation. tivists began chaining themselves to the White already begun to flee. Realizing the potential f House fence and participating in hunger getaway, Ms. Robbins claimed that ‘‘some- THE NATIONAL WOMEN’S RIGHTS strikes to gain the attention of Congress. thing made her go inside her home and grab HISTORY PROJECT ACT The struggle for women’s suffrage was not her car keys and cell phone.’’ A mother of two easy, and oftentimes it was made more dif- young sons herself, Ms. Robbins bravely fol- ficult as a consequence of public misinforma- lowed this attempted kidnapper for four miles, HON. LOUISE McINTOSH SLAUGHTER tion and fear. Consider these remarks which, in contact with police the entire way providing OF NEW YORK in 1912, appeared in the New York Times details to help in his apprehension. When IN THE HOUSE OF REPRESENTATIVES under the title, ‘‘The Uprising of Women’’: Wednesday, September 14, 2005 stopped by police, the man was found to be ‘‘The vote will secure to woman no new driving with a blood-alcohol limit more than Ms. SLAUGHTER. Mr. Speaker, today I am privilege that she either deserves or requires twice the legal limit, and was subsequently ar- proud to celebrate the accomplishments of our . . . Women will get the vote and play havoc rested on suspicion of first-degree kidnapping foremothers by introducing the National Wom- with it for themselves and society, if men are and child luring. en’s Rights History Project Act. not wise and firm enough and it may as well Ms. Robbins’ actions should be commended In contemporary American society, women be said, masculine enough, to prevent them.’’ in that not only did she aid local authorities by enjoy rights to education, wages, and property If by playing havoc, the New York Times providing accurate and detailed information on ownership. However, it was only 85 years ago meant becoming the single most sought after a fleeing suspect, but she was wise enough in that women were finally granted the right to voting block in the country that often deter- exercising restraint by not interfering before vote. Yet few Americans have any real knowl- mines the outcome of elections, I guess they his capture. For her efforts, Ms. Robbins was edge of the long struggle to obtain the rights were right. honored by Reno police by receiving a citizen that we take for granted today. The National Because of the persistent dedication of commendation certificate and medal, a pres- Women’s Rights History Project Act will pro- Susan B. Anthony and other remarkable lead- tigious award presented only once a year. vide Americans with the opportunity to learn ers, women persevered. Although Susan B. Ms. Robbins stands as an example to all fu- more about the female heroes that fought tire- Anthony was not alive to see it, the efforts of ture kidnappers and child molesters that the lessly to secure these rights. the women’s rights struggle came to fruition people of Nevada are serious about protecting On July 19, 1848, a group of activists in- when the Nineteenth amendment to the U.S. their children. I would like to conclude by ad- cluding Elizabeth Cady Stanton, Lucretia Mott, Constitution, giving women the right to vote, dressing the next child molester or kidnapper and Mary Ann M’Clintock convened the first was finally passed by Congress on June 4, that comes to Nevada with an intention to Women’s Rights Convention at Wesleyan 1919, and ratified on August 18, 1920. commit a crime against a child. Know that we Chapel in Seneca Falls, New York. The Wom- We have clearly come a long way in 85 are watching our children with you, protecting en’s Rights Convention heralded the beginning years—and we still have a long way to go. We our children from you, and in cases like Ms. of a 72-year struggle for suffrage. During the must work to continue the momentum that Robbins, even helping local authorities arrest Convention, 68 women and 32 men signed started in Seneca Falls, by not only ensuring you. the Declaration of Sentiments, which was that all women vote, but that they do so with

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20331 an understanding of the long fight to obtain close to its roots showcasing a variety of cul- and opportunity without the labors of dedi- this right and with a sense of responsibility to tural arts performed by student groups from cated, conscientious citizens. Their service do their part in the struggle for women’s throughout the Washington metropolitan area. and devotion to Indiana’s First Congressional equality. Mr. Speaker, in closing, I would like to com- District deserves the highest commendation, To honor these important women, the Na- mend and congratulate the International Chil- and I am proud to represent them in Con- tional Women’s Rights History Project Act will dren’s Festival on its 35th year. The Festival gress. establish a trail route linking sites significant to has enriched many lives, truly meriting rec- f the struggle for women’s suffrage and civil ognition. I call upon my colleagues to join me rights. It also will expand the current National in applauding the International Children’s Fes- HONORING HERSHA ARNOLD Register travel itinerary website, ‘‘Places tival’s past accomplishments and in wishing it Where Women Made History,’’ to include addi- continued success in the many years to come. HON. SHELLEY MOORE CAPITO tional historic sites. Finally, this bill will require f OF WEST VIRGINIA the Department of Interior to establish a part- IN THE HOUSE OF REPRESENTATIVES COMMENDING JUDY AND ALAN nership-based network to offer financial and Wednesday, September 14, 2005 ROOTH technical assistance for interpretive and edu- Mrs. CAPITO. Mr. Speaker, I rise today to cational program development of national honor the accomplishments of a friend and fel- women’s rights history. HON. PETER J. VISCLOSKY low West Virginian, Hersha Arnold, who re- The women of this country have fought tire- OF INDIANA cently was given the prestigious Jerry Maldavir lessly to achieve equitable rights for our IN THE HOUSE OF REPRESENTATIVES Award by the American Cancer Society. grandmothers, our mothers, ourselves, and Wednesday, September 14, 2005 Hersha has been a tireless advocate for our daughters. It is my hope that this bill will Mr. VISCLOSKY. Mr. Speaker, it is my dis- public awareness about the risks of cancer, provide Americans with the opportunity to prevention, serving cancer survivors, and learn more about the female leaders who tinct honor to commend two of Northwest Indi- ana’s distinguished citizens, Judy and Alan many other activities. She has been a leader struggled to secure these rights. in her local community, the State of West Vir- Mr. Speaker, I encourage all Members to Rooth. On Sunday, September 25, 2005, Judy and Alan will be honored for their exemplary ginia and the South Atlantic region for the join me in celebrating their accomplishments American Cancer Society. by National Women’s Rights History Project and dedicated service to our community and to the State of Israel. Their praiseworthy ef- In addition to her efforts for the American Act today. Cancer Society, Hersha has been a diligent f forts will be recognized at the Northwest Indi- ana-Israel Dinner of State, as they receive the volunteer for several causes including running HONORING THE INTERNATIONAL Jerusalem Medal. The Special Guest speaker a camp for children with cancer and serving CHILDREN’S FESTIVAL is Dr. Mitchell Bard, executive director of the as a strong leader for other State initiatives. Hersha is a wonderful leader in her commu- American-Israeli Cooperative Enterprise. nity and an invaluable asset to the efforts of Judy Rooth is completing her fourth year as HON. TOM DAVIS improving cancer awareness in the State of president of the Jewish Federation. She pre- OF VIRGINIA West Virginia. We need more people like viously served as the Federation’s Women’s IN THE HOUSE OF REPRESENTATIVES Hersha to attain the goal of eradicating cancer Division Campaign co-chair for 3 years, and by 2015. It is with great pride that I am able Wednesday, September 14, 2005 she also chaired the Jewish Community Serv- to recognize my friend and fellow West Vir- Mr. TOM DAVIS of Virginia. Mr. Speaker, I ices of the Federation. Judy is a lifetime mem- ginian for her significant contributions. rise today to commemorate the 35th year of ber of Hadassah and has served as board the International Children’s Festival, held in secretary for Congregation Beth Israel. She f Fairfax County, Virginia. also served on the boards of Kneseth Israel RECOGNIZING AND HONORING The International Children’s Festival is pro- and CBI. Judy is also active in the Kneseth 100TH BOMB GROUP OF THE 8TH duced by the Arts Council of Fairfax County in Israel Sisterhood. AIR CORPS cooperation with the Wolf Trap Foundation for Alan Rooth has served on various commit- the Performing Arts and the National Park tees and also as an officer of several organi- HON. PHIL ENGLISH Service. Since 1971, the Festival has allowed zations. He was vice president of the Jewish OF PENNSYLVANIA children from all over the world to come to- Federation and also served as vice president IN THE HOUSE OF REPRESENTATIVES gether and share cultural traditions through and co-president of Kneseth Israel. Alan the international language of the arts. The in- served as the chairman of the Annual Walks Wednesday, September 14, 2005 augural event attracted 7,000 spectators, vol- for Israel. He has also served on the Kneseth Mr. ENGLISH of Pennsylvania. Mr. Speaker, unteers and performers. In two years the Israel Board and Congregation Beth Israel for I rise today to recognize and honor the 100th event became the International Children’s Fes- a total of 20 years. Alan is the School Board Bomb Group of the 8th Air Corps. Having a tival, which was extended to a two day event chairman of both Kneseth Israel and Con- history filled with grand achievements, it is and nearly doubled its audience. gregation Beth Israel. with great pride that I commend these brave Many celebrities have served to make the The Jerusalem Medal is given each year to soldiers for their service and sacrifice during event a success, and to bring attention to a worthy recipients who demonstrate their dedi- America’s greatest war in history, World War worthy cause. Past participants include First cation and service to Israel, the State of Israel II. Lady Nancy Reagan and Bob McGrath, also Bonds, the Jewish community, and their own Flying its first mission in June 1943, the known as ‘‘Bob of Sesame Street’’. Some pre- community at large. The Rooths are most cer- 100th Bomb Group concentrated its military ef- vious highlights have included the twentieth tainly worthy recipients of this year’s award. forts against airfields, submarine facilities, and annual International Children’s Festival The Jewish Federation Community Building aircraft industries in both France and Ger- themed, ‘‘The Americas, a Rainbow of Col- will be filled Sunday night with friends and many. During this time, the coalition was ac- ors’’. This festival featured performers from family who have been blessed with the oppor- tive in many valiant air raids including the North, South, and Central America. In the fol- tunity to know and work with Judy and Alan bombing of Rujkan, Norway, which delayed lowing years, performers from Europe, Jordan, Rooth and who wish to celebrate with them as the completion of heavy water for the German Uganda, Zimbabwe, Siberia, Taiwan, and the they receive the Jerusalem Medal. atomic bomb. Throughout eight noble missions Republic of Uzbekistan attended the festival Mr. Speaker, I ask that you and my other to Germany, the troop experienced their heavi- giving the children an even wider appreciation distinguished colleagues join me in congratu- est losses, earning them the nickname, ‘‘The of the arts from around the globe. Since 1971, lating Judy and Alan Rooth for receiving the Bloody Hundredth.’’ The 100th Bomb Group of groups from over 35 countries have partici- 2005 Jerusalem Medal. Their dedicated serv- the 8th Air Corps, however, did not lose hope. pated in the festival. This year’s event features ice to both the State of Israel and our North- The group went on to fight in many renowned international youth performers from Georgia, west Indiana community is commendable and battles of World War II, including the Battle of India, Mexico, and Nigeria. While many have admirable. No government, leader, or military the Bulge and the allied invasion of Nor- traveled far to contribute, it has also remained can safeguard the twin blessings of freedom mandy, which came to be known as D-day.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20332 EXTENSIONS OF REMARKS September 14, 2005 Overall, this courageous troop flew 306 mis- held in Vienna, Virginia. Each year the Inter- HONORING THE ACCOMPLISH- sions, lost 229 planes and sacrificed 785 men national Children’s Festival is produced by the MENTS OF DR. ELIZABETH which were either killed or deemed Missing in Arts Council of Fairfax County in cooperation SPANGLER Action, MIA. On April 20, 1945, the group flew with the Wolf Trap Foundation for the Per- its last combat mission to Oranienburg, Berlin, forming Arts and the National Park Service. HON. SHELLEY MOORE CAPITO with no losses. Since 1971, the Festival has allowed children OF WEST VIRGINIA from all over the world to come together and The freedom of the United States of Amer- IN THE HOUSE OF REPRESENTATIVES ica has depended upon the courage of men share cultural traditions through the inter- and women like the 100th Bomb Group, 8th national language of the arts. Much of the suc- Wednesday, September 14, 2005 Air Corps, for over 200 years. As members of cess of the Festival can be attributed to Mr. Mrs. CAPITO. Mr. Speaker, I rise today to the greatest military in the world, their time McGrath’s efforts and expertise. honor the accomplishments of a friend and fel- and efforts did not go unnoticed. The 100th Mr. Speaker, in closing, I would like to thank low West Virginian, Dr. Elizabeth Spangler. Bomb Group received two Presidential Unit Ci- Mr. McGrath for his continued support of the On August 27, 2005, Dr. Spangler became tations for their efforts in Regensburg and Ber- International Children’s Festival. I call upon my the first woman to take office as President of lin, Germany, as well as the French Croix de colleagues to join me in recognizing his ac- the West Virginia State Medical Association. Guerre with Palm for their distinguished serv- complishments, and wish him the best of luck Prior to her installation, Dr. Spangler held ice in France during World War II. in all future endeavors. other leadership roles within the State Medical On October 1, the 100th Bomb Group of the f Association including Vice President and Vice 8th Air Corps will meet in Pittsburgh, PA, to CONGRATULATING CROATIAN Speaker for the Association’s House of Dele- celebrate its 60th anniversary and renew rela- SONS LODGE NUMBER 170 ON gates. tionships of its members. 98TH ANNIVERSARY Dr. Spangler first began her career in health Mr. Speaker, I hope my colleagues will join care as a graduate from Mercy Hospital me in celebrating the 100th Bomb Group of School of Nursing in Springfield, Massachu- the 8th Air Corps on its 60th anniversary of HON. PETER J. VISCLOSKY setts. After practicing as a registered nurse for OF INDIANA the year of their final combat mission. 23 years, she earned her medical degree from IN THE HOUSE OF REPRESENTATIVES f the Marshall University School of Medicine, Wednesday, September 14, 2005 and then completed her residency in internal RECOGNIZING BOB MCGRATH FOR Mr. VISCLOSKY. Mr. Speaker, it is my dis- medicine at the West Virginia University HIS CONTRIBUTIONS TO THE tinct honor to congratulate the Croatian Sons School of Medicine, Charleston Division. INTERNATIONAL CHILDREN’S Lodge Number 170 of the Croatian Fraternal In 1989, after 8 years as a primary care pro- FESTIVAL Union on the festive occasion of its 98th Anni- vider and medical director at Health Right versary and Golden Member banquet on Sun- Clinic of Charleston, Dr. Spangler was named HON. TOM DAVIS day, October 16, 2005. medical director of medical affairs at Charles- OF VIRGINIA This year, the Croatian Fraternal Union will ton Area Medical Center. She has held other IN THE HOUSE OF REPRESENTATIVES hold this gala event at the Croatian Center in medical management positions including med- Wednesday, September 14, 2005 Merrillville, Indiana. Traditionally, the anniver- ical director of the School Health Services sary celebration entails a formal recognition of Home Health Agency; Vice President of Clin- Mr. TOM DAVIS of Virginia. Mr. Speaker, I the Union’s Golden Members, those who have ical Affairs for outpatient services at CAMC, rise today to recognize Bob McGrath for his achieved 50 years of membership, This year’s and interim Chief Medical Officer at Carelink commitment to educating and entertaining chil- honorees that have attained 50 years of mem- Health Plus. Finally, in 1999, she was named dren and for his contributions to the Inter- bership include: James Andrew Blaney, Mary Vice President for Medical Affairs and Chief national Children’s Festival. Ann Ciochina, Ann Fadell (deceased), Patricia Medical Officer for CAMC. Mr. McGrath is most often referred to as Janjecic, Mary Ann Kasperan, Leonard J. Dr. Spangler’s list of accomplishments has ‘‘Bob on Sesame Street’’ where he has per- Klarich, Margaret M. Lacko, Gloria J. Miller, grown over the years to include fellowship in formed for 34 years, but he is also an accom- Marie Morgan, Theresa Peretin, Johanna M. the College of Medical Quality and member- plished musician and successful author. He Petruch, Janis Marie Ramirez, Steve John ship in the American College of Physicians, began his professional career singing and re- Ratajec, Matthew Sedey, Petar Seibal, Thom- the American College of Physician Executives, cording with the Robert Shaw Chorale and as Sencaj, Vilma Stipancic, Kathy R. Sut, Mar- and the American Medical Association. Fred Waring’s Pennsylvanians. He later spent garet Jean Tomich, Roy P. Vale, Steven J. Dr. Spangler continues to be a distinguished five years as the featured tenor soloist on Vician, Magdaline M. Wagner, Carole J. leader in the medical community and a Mitch Miller’s series, ‘‘Sing Along With Mitch’’, Waters, Paul William Yurkas, John Zamko, rolemodel for women in West Virginia and and traveled to Japan to expand his resume Bernard Zemen, and Helen Zemen. across the nation. She is a devoted contributor ultimately resulting in a career that has af- These loyal and dedicated individuals share to her community and her state. Dr. Spangler forded him the opportunity to appear with over this prestigious honor with approximately 455 is to be highly commended for her accom- 100 symphony orchestras. His successful chil- additional Lodge members who have pre- plishments and West Virginia is fortunate to dren’s albums have sold over half a million viously attained this important designation. have her as a leader in the health care com- copies, and some have received recognition This memorable day will begin with a morn- munity. from the Parents’ Choice Award and the ing mass at Saint Joseph the Worker Catholic f American Library Association. He has also uti- Church in Gary, Indiana, with the Reverend lized his talent by writing children’s books. For Father Stephen Loncar officiating. The Banat PERSONAL EXPLANATION example, Oops! Excuse Me Please! And Other Tamburitza Orchestra will perform at this gala Mannerly Tales has educated countless chil- event. A formal dinner banquet at 3:30 in the HON. CAROLYN B. MALONEY dren about the importance of manners. Mr. afternoon will end the day’s festivities. OF NEW YORK McGrath’s other books have effectively taught Mr. Speaker, I urge you and my other distin- IN THE HOUSE OF REPRESENTATIVES children life skills, and most have received tre- guished colleagues to join me in commending mendous acclaim. Lodge president Betty Morgavan, and all the Wednesday, September 14, 2005 Among his many professional accomplish- other members of the Croatian Fraternal Mrs. MALONEY. Mr. Speaker, on Sep- ments, Mr. McGrath has dedicated his time to Union Lodge Number 170, for their loyalty and tember 13, 2005, I was unavoidably detained serve as Chairperson of National UNICEF radiant display of passion for their ethnicity. and missed rollcall votes numbered 465, 466, day, host of the United National celebration for The Croatian community has played a key role and 467. Rollcall vote 465 was on the motion the ‘‘Rights of the Child’’, and host for World in enriching the quality of life and culture of to suspend the rules and agree to SCONRES Children’s Day at the UN General Assembly. Northwest Indiana. It is my hope that this year 26, a bill honoring and memorializing the pas- Most notably, he has generously acted as host will bring renewed hope and prosperity for all sengers and crew of United Airlines Flight 93. and consultant for seventeen consecutive members of the Croatian community and their Rollcall vote 466 was on the motion to sus- years for the International Children’s Festival families. pend the rules and pass H.R. 3649, the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20333 Sportfishing and Recreational Boating Safety knowledge, consensus and education regard- Mr. Speaker, I would also like to acknowl- Amendments Act. Rollcall vote 467 was on the ing the rare but highly publicized problem of edge perhaps Frankenmuth’s greatest natural motion to suspend the rules and pass S. 276, awareness under general anesthesia. He also resource, its people. It is the generosity of the Wind Cave National Park Boundary Revi- fostered partnerships with many other leading business owners who donate money and re- sion Act. national medical organizations who share the sources, the spirit of community exhibited by Had I been present I would have voted common goal of improved safety and quality its caring residents, and the pride in ownership ‘‘yea’’ on rollcall votes 465, 466, and 467. of care for the surgical patient. they all possess, that make Frankenmuth such f These are extremely challenging yet reward- a warm and welcoming environment, and a ing times for anesthesiologists as they shep- wonderful place in which to live. I am grateful ACKNOWLEDGING EUGENE P. herd the most vulnerable of patients—from the to have men and women such as these in my SINCLAIR, M.D. tiniest babies to the frailest of the elderly— district. Once again, I ask the House of Rep- through the most intricate and, in many cases, resentatives to join me in congratulating the HON. F. JAMES SENSENBRENNER, JR. life-saving, surgical procedures. Frankenmuth Beautification Committee on its OF WISCONSIN Mr. Speaker, I ask my colleagues to join me 50th Anniversary. IN THE HOUSE OF REPRESENTATIVES today in recognizing Eugene Sinclair, M.D., for Wednesday, September 14, 2005 his notable career achievements, his exem- f plary leadership, and his dedication to patient Mr. SENSENBRENNER. Mr. Speaker, I rise safety. TRIBUTE TO LANCE CORPORAL today to acknowledge one of my constituents, f JOSHUA BUTLER Eugene P. Sinclair, M.D., as he completes his term as President of the American Society of 50TH ANNIVERSARY OF THE Anesthesiologists, a 100 year old national pro- FRANKENMUTH, MICHIGAN HON. MARILYN N. MUSGRAVE BEAUTIFICATION COMMITTEE fessional organization currently representing OF COLORADO over 39,000 anesthesiologists. Founded in 1905, ASA is the predominant HON. DALE E. KILDEE IN THE HOUSE OF REPRESENTATIVES professional organization representing medi- OF MICHIGAN Wednesday, September 14, 2005 cally trained anesthesiologists. Since its found- IN THE HOUSE OF REPRESENTATIVES ing, ASA has been the leader in the develop- Mrs. MUSGRAVE. Mr. Speaker, I rise today ment of patient safety standards and guide- Wednesday, September 14, 2005 to honor the bravery and heroism of Lance lines for the delivery of safe patient care be- Mr. KILDEE. Mr. Speaker, I am happy to Corporal Joshua Butler of the United States fore, during and after surgery. The ASA’s ef- rise before you today, and to ask my col- Marine Corps. Lance Corporal Butler’s valiant forts on behalf of the specialty have been ac- leagues in the 109th Congress to please join and selfless actions during his tour of duty in knowledged by both the medical and lay press me in celebrating the 50th anniversary of the Iraq make him a true American Hero. alike. Both The Institute of Medicine (IOM), in Frankenmuth, Michigan Beautification Com- On the morning of April 11, 2005, only three its 1999 report on medical errors, and the mittee. On Wednesday, September 14, civic days after his twenty-first birthday, Lance Cor- Joint Commission on Accreditation of and community leaders will join Frankenmuth poral Butler helped thwart an insurgent attack Healthcare Organizations (JCAHO), in its re- residents to commemorate this momentous against the Marines of India Company sta- port on improving the medical liability system occasion. tioned at Camp Gannon, near the Syrian bor- and preventing patient injury, recognized the The Frankenmuth Beautification Committee der. While standing guard in a lookout tower, successes of organized anesthesiology in im- was created in 1955 by Village Superintendent an explosive-laden dump truck charged the proving patient outcomes. In June, the Wall Herbert L. Keinath, his wife Edna, Village camp’s gate. Lance Corporal Butler opened Street Journal, in a front page article, reported President Otto Trinklein, former Village Presi- fire on the truck, causing it to swerve and miss on the unique role ASA and anesthesiologists dent Carl Satow, and Councilman M.F. ‘‘Hick’’ the gate before exploding. Leslie. These individuals envisioned a group have played in addressing patient safety in the Even though the explosion threw Lance working as one to promote, cultivate, and en- delivery of anesthesia and in reducing their li- Corporal Butler to the ground and covered him hance the city’s natural beauty. The original ability costs, holding up anesthesiologists as a with debris, he quickly returned to his feet in Committee consisted of 11 dedicated pioneers model for other specialties to follow. time to intercept an armored fire truck manned Dr. Sinclair received his medical degree who laid a foundation and structure for the or- by two suicide bombers bearing down on the from Marquette University School of Medicine ganization: Ed Daenzer, Ellen Felgner, Lena camp. Again, Lance Corporal Butler opened in Milwaukee, Wisconsin. After medical school, Stromer, Edna Keinath, Liz Zeilinger, Police fire on the bombers, sending over 100 rounds he served in the U.S. Army’s distinguished Chief Henry Zinck, Reverend August into the fire truck. The truck detonated without 101st Airborne Division in Ft. Campbell, Ken- Kehrberg, Oscar Rau, Carl Rupprecht, Howard being able to breach Camp Gannon’s gate. So tucky for 3 years. Following his military serv- Mueller, and Wally Bronner. Since its incep- powerful was this second explosion, that it ice, Dr. Sinclair completed his anesthesiology tion, nearly 100 Frankenmuth residents have sent debris over 400 yards away and hurled residency at the Milwaukee County General served as part of the Committee. Marines from their bunks. Hospital and the VA Hospital in Wood, Wis- As the organization has grown over the consin. years, so have its projects. Originally, the Despite a third suicide bomber attack and Dr. Sinclair is currently Chief, Anesthesia Committee’s tasks included planting petunias over 30 armed insurgents, who at one point Service at the Orthopedic Hospital of Wis- and placing Christmas decorations on Main cowered behind a group of school children, consin. He has been active in the Wisconsin Street. Today they, with the cooperation of the Marines at Camp Gannon were able to es- Society of Anesthesiologists, the Milwaukee area businesses and organizations such as cape serious injury in large part because of Society of Anesthesiologists and the State the Zehnder family, Greater Frankenmuth the courageous actions of Lance Corporal But- Medical Society of Wisconsin and Milwaukee Area Community Foundation, Wallace & Irene ler. ‘‘Butler—that day, that Marine—that’s the Country Medical Society. Bronner and Family Foundation, Frankenmuth critical error the insurgents made. They For ASA, Dr. Sinclair has served as presi- Women’s Club, and many others, are respon- thought they could keep the Marine’s heads dent-elect, first vice president, speaker of the sible for thousands of floral arrangements, down. But he gets back up,’’ remarked camp ASA House of Delegates, delegate, and direc- banners and flags, flower baskets that have commandant Captain Frank Diorio. tor. He has also served on numerous Society become one of the city’s signature products, The actions of Lance Corporal Butler and committees and task forces including the com- and an awe-inspiring display of holidays lights his fellow Marines on April 11th make me mittees on quality management and ambula- and displays that have become one of the proud of our men and women in uniform and tory surgical care and the task forces on of- state’s largest tourist attractions. In addition, grateful for their service. I ask my colleagues fice-based anesthesia and practice manage- the Committee, under the leadership of Mayor to join me in commending Lance Corporal ment. James Wickson, commemorates Arbor Day Joshua Butler for his heroism and thanking During his year as ASA President, Dr. Sin- each year with the donation and planting of him for his patriotic dedication to this great na- clair devoted countless hours to the pursuit of more than 100 trees, every year since 1963. tion.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20334 EXTENSIONS OF REMARKS September 14, 2005 PERSONAL EXPLANATION hurricane’s destruction, please keep in mind caused by Hurricane Katrina with a donation that Uganda is a small country that has also of $200,000 for relief and rebuilding efforts in HON. K. MICHAEL CONAWAY suffered its share of devastation. New Orleans and communities along the Gulf Americans must remember the terror and of Mexico coast. OF TEXAS oppression of the Idi Amin regime, which Visiting Ugandan Foreign Minister Sam IN THE HOUSE OF REPRESENTATIVES Kutesa told the Washington File September came to an end in 1979 but its effects are still 7 that the government of President Yoweri Wednesday, September 14, 2005 being felt. The ruthless dictator Idi Amin delib- Museveni and the people of Uganda ‘‘feel Mr. CONAWAY. Mr. Speaker, due to a erately destroyed Uganda’s economy and in- with you and sympathize with you at this death in the family, I missed rollcall votes on frastructure and displaced hundreds of thou- time of sorrow. We know you have lost dear September 6th, 7th, and 8th. Had I been in sands of people from their homes and busi- ones, as well as considerable property. And Washington, I would have voted: nesses. we want Americans to know we are thinking of them and are standing shoulder to shoul- ‘‘Yea,’’ on rollcall No. 454, H. Res. 360, In 1986, after a long civil war, President Yoweri Museveni came into office with prom- der with them.’’ commemorating the 60th anniversary of V–J The official made a point of mentioning Day and the end of World War II in the Pa- ises to stabilize the country, facilitate eco- nomic growth, and restore dignity and human- the donation was not just a pledge but that cific. ity to the political process. In the years since, the money would be transferred immediately ‘‘Yea,’’ on rollcall No. 455, S.J. Res. 19, to the Bush-Clinton Katrina fund. he has largely lived up to those promises, al- calling upon the President to issue a procla- Hurricane Katrina struck the U.S. Gulf though—like any country trying to emerge mation recognizing the 30th anniversary of the Coast August 29. The storm and subsequent from decades of tyrannical government— Helsinki Final Act. flooding have devastated parts of Louisiana, Uganda still has problems that need to be ad- ‘‘Yea,’’ on rollcall No. 456, H.R. 365, to Mississippi and Alabama and left thousands dressed. homeless. allow United States Courts to conduct busi- Uganda’s contribution to the recovery efforts A statement released by the Ugandan Em- ness during emergency conditions, and for after Hurricane Katrina should be seen in the bassy September 8 announcing the donation other purposes. context of the bonds of friendship between our quoted Museveni as saying, ‘‘The United ‘‘Yea,’’ on rollcall No. 457, H.R. 3169, to two countries. Uganda is a key regional ally in States has been generous in responding to provide the Secretary of Education with waiver the global war on terror, and through the ef- natural and humanitarian disasters all over authority for students who are eligible for Pell the world, including in Africa. Uganda has forts of President Museveni and his govern- more than once been the beneficiary of this Grants who are adversely affected by a nat- ment, East Africa is a more stable place today ural disaster. generosity and justice requires us to aid the than it was twenty years ago. people in Louisiana, Mississippi and Ala- ‘‘Yea,’’ on rollcall No. 460, H.R. 3673, fur- Indeed, Uganda has faced its own, home- bama who have lost their homes and loved ther Emergency Supplemental Appropriations, grown terrorism, in the form of the brutal ones.’’ Hurricane Katrina, 2005. Lord’s Resistance Army, which has raped and President Bush named his father, a former ‘‘Yea,’’ on rollcall No. 461, H.R. 3669, to pillaged the northern part of Uganda and ter- president, and former President Bill Clinton temporarily increase the borrowing authority of rorized the population there. Led by religious to head up fund-raising efforts for recon- the Federal Emergency Management Agency zealot Joseph Kony, the Lord’s Resistance struction that may cost more than $150 bil- for carrying out the national flood Insurance Army kidnaps children and forces them to be lion. The hope is they can duplicate their program. soldiers in a pointless war against their own very successful fund-raising efforts for vic- tims of the devastating tsunami that struck ‘‘Yea,’’ on rollcall No. 462, H.R. 3668, stu- families and neighbors. There is a very good South Asia in December 2004. dent Grant Hurricane and Disaster Relief Act. reason that the Lord’s Resistance Army has Kutesa said, ‘‘We know that under the ‘‘Yea,’’ on rollcall No. 463, H. Res. 428, ex- consistently been listed as a major terrorist or- guidance of the two former presidents money pressing the sincere gratitude of the House of ganization by the State Department’s annual will go where it is needed most and where it Representatives to the foreign individuals, or- publication, Patterns of Global Terrorism. can be used best.’’ ganizations, and governments that have of- Uganda also faces a terrorist insurgency by Uganda joins other African nations con- fered material assistance and other forms of the smaller, but no less deadly, Allied Demo- tributing to Katrina relief including: support to those who have been affected by cratic Forces. The ADF, as it is known, ex- Djibouti, $50,000; Gabon, $500,000; and Kenya, tends its tentacles beyond Uganda: several of $100,000. Hurricane Katrina. Noting the symbolic value of the Uganda ‘‘Yea,’’ on rollcall No. 464, H. Res. 427, re- its members were captured in Afghanistan fighting for the Taliban and al-Qaeda, and they donation matched against the immense sums lating to the terrorist attacks against the United needed for reconstruction, Kutesa told the States on September 11, 2001. are now interned by the U.S. Government at Washington File, ‘‘America has been very Guantanamo Bay. f generous in helping Uganda fight HIV/AIDS With all this in mind, our gratitude toward and developing its economy. So it is only UGANDA Uganda and its people, and particularly toward right that we try to help as much as we can. President Museveni, should be clear and We wish we could do more but we are lim- strong. ited.’’ HON. EDOLPHUS TOWNS Mr. Speaker, it recently became my pleas- Kutesa said, ‘‘We know what human trag- OF NEW YORK ure to become the co-chair of the Congres- edy can mean. Unfortunately in Africa much IN THE HOUSE OF REPRESENTATIVES sional Caucus on Uganda. I encourage all of it has been man-made instead of natural. Wednesday, September 14, 2005 Members of this body to consider joining the The human tragedies of Idi Amin and Milton caucus so that they can study more closely Obote, for example, led to the deaths of more Mr. TOWNS. Mr. Speaker, I rise today to than 800,000 Ugandans’’ in the late 1970s and the U.S.-Ugandan bilateral relationship and express our Nation’s gratitude for the contribu- early 1980s. learn more about how Uganda and the United tion made by the people and government of Now, he said, Uganda is one of the best States can work together on matters of mutual Uganda to the relief efforts in the wake of Hur- friends America has in Africa and ‘‘we look concern. ricane Katrina. forward to strengthening our relations as we Finally, Mr. Speaker, I ask that an article en- both cope with the aftermath of disasters Minister of Foreign Affairs Sam Kutesa was titled ‘‘Uganda Is Latest African Donor of Re- that have struck our countries.’’ in Washington recently when he announced lief to Hurricane Katrina,’’ by Washington File Kutesa’s next stop in America is New York that his country was donating $200,000 to the staff writer Jim Fisher-Thompson, be entered City, where he said he will participate in the Bush-Clinton Katrina Fund. Expressing his into the RECORD. This article treats in more annual United Nations General Assembly government’s sympathies toward the people detail some of the issues I have just de- meeting the week of September 13–17. Presi- affected by Hurricane Katrina, Minister Kutesa scribed. dent Museveni plans to attend with a num- ber of other African leaders. said: ‘‘We know that, under the guidance of [From the Washington File] the two former presidents, money collected by A highlight of the U.N. gathering, Kutesa UGANDA IS LATEST AFRICAN DONOR OF RELIEF said, will be a meeting of the foreign min- the Bush-Clinton Katrina Fund will go where it TO HURRICANE KATRINA—FOREIGN MINISTER isters of the Democratic Republic of Congo, is needed most and where it can be used KUTESA DESCRIBES $200,000 DONATION Rwanda and Uganda in a tripartite peace best.’’ (By Jim Fisher-Thompson) process for eastern Congo begun two years While a contribution of $200,000 may seem WASHINGTON.—Uganda has joined other Af- ago with the help of the U.S. State Depart- small in comparison to the vastness of the rican nations responding to devastation ment. After Burundi recently joined, the

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20335 Great Lakes peace effort is now called the ‘‘3 HONORING THE ASSISTANCE RECOGNIZING ROBERT JAEB plus 1’’ talks. LEAGUE OF BOISE HON. GINNY BROWN-WAITE f HON. MICHAEL K. SIMPSON OF FLORIDA 50TH ANNIVERSARY OF THE ST. IN THE HOUSE OF REPRESENTATIVES OF IDAHO FRANCIS DE SALES CATHOLIC Wednesday, September 14, 2005 IN THE HOUSE OF REPRESENTATIVES HIGH SCHOOL Ms. GINNY BROWN-WAITE of Florida. Mr. Wednesday, September 14, 2005 Speaker, I rise today to recognize the passing of Mr. Robert A. Jaeb of Temple Terrace, Flor- Mr. SIMPSON. Mr. Speaker, I rise today to HON. MARCY KAPTUR ida. OF OHIO recognize the Assistance League of Boise and Born in Saskatchewan, Canada, Mr. Jaeb commend them on all of their efforts to help IN THE HOUSE OF REPRESENTATIVES moved to Florida in 1936. Following his mar- local children. The League has established a riage to the former Lorena Morrill in 1941, Wednesday, September 14, 2005 program called Operation School Bell. This Robert and his wife started a small grocery program distributes new clothing, a new coat, Ms. KAPTUR. Mr. Speaker, I am pleased to store. While Robert served in the Army in the and an age appropriate hygiene kit to children recognize a milestone anniversary in the life of Pacific Theater during World War II, Lorena who would not have these essential items oth- a school in our district. St. Francis de Sales ran their store. Her efforts, and their efforts to- erwise. Catholic High School is a college preparatory gether following Robert’s return from the War, school operated by the Oblates of St. Francis We will never be able to measure what this enabled them to grow their store into the which has been educating young men since program achieves. If Operation School Bell did Shop’N Go convenience store chain, a large 1955. On Sunday, September 18, 2005, the not exist, these children would not have new and successful enterprise throughout Florida school, alumni, friends, and our community will clothes to wear to school. The enhanced self- and Georgia. celebrate the school’s 50th anniversary. esteem each child receives can’t be meas- Following the sale of the Shop’N Go chain ured, but is noticed by all who participate. St. Francis was the first college preparatory in 1985, Mr. and Mrs. Jaeb were very involved high school in Toledo and is well known for its When a child feels good about how they in local civic and philanthropic affairs, includ- academic excellence. Nearly all of its students look and fit in, they perform better at school, ing an extremely generous donation to the go on to higher education. The school offers are happier people, and are less likely to get Tampa Bay Performing Arts Center. The fam- advanced placement courses so that more into trouble. This impact on our society is tre- ily was also very involved in the charitable ef- than half of graduating seniors complete their mendous. forts of organizations like the United Way, the high school education with college course I want to thank and congratulate all who Florida Sheriff’s Association Youth Ranches, credit. As a result of this coursework, St. participate in the League to make this pos- All Children’s Hospital in St. Petersburg and Francis has been named a College Board sible. You truly touch lives and it does not go the University Community Hospital in Tampa. School. unnoticed. While Robert and his wife Lorena found ma- terial success in life, it was their desire to give In addition to academic excellence, the f back to those less fortunate that endeared school fosters a spirit of involvement that en- them to their community and to their peers. courages participation in extra-curricular activi- PERSONAL EXPLANATION Robert’s faith guided him to make donations ties. St. Francis boasts champion athletic for the construction of churches throughout the teams as well as a wide array of clubs in addi- world. When asked about the reasons for his tion to a fine music department. Religious in- HON. ROBERT W. NEY philanthropic efforts, Robert stated, ‘‘You struction is required all four years and stu- OF OHIO know, I often wondered why God allowed me dents can regularly be found volunteering their IN THE HOUSE OF REPRESENTATIVES to make so much money, and I know it’s be- time and talents in service to our community. cause I was supposed to give most of it Though the majority of students are Catho- Wednesday, September 14, 2005 away.’’ lic, St. Francis’ student body is comprised of Mr. NEY. Mr. Speaker, on September 8, Mr. Speaker, I know that his wife Lorena, students from all Christian faiths, Muslim and 2005, I was unable to be present for rollcall his family, friends and loved ones miss his Jewish, Hindu, and all socio-economic back- vote No. 464, on the motion to suspend the presence but are heartened to know that Rob- grounds. This is a feature which makes the rules and agree to H. Res. 427. Had I been ert has passed on to a better place. school uniquely different from others, and truly present, I would have voted ‘‘yes’’ on rollcall f one of the school’s strengths. vote No. 464. St. Francis de Sales, the gentleman saint, CHRISTOPHER R. GETZ taught his flock ‘‘The person who possesses f Christian meekness, is affectionate and tender HON. CAROLYN C. KILPATRICK toward everyone; he is disposed to forgive PERSONAL EXPLANATION OF MICHIGAN and excuse the frailties of others; the good- IN THE HOUSE OF REPRESENTATIVES ness of his heart appears in a sweet affability HON. ELTON GALLEGLY Wednesday, September 14, 2005 that influences his words and actions, and pre- Mrs. KILPATRICK of Michigan. Mr. Speaker, sents every object to his view in the most OF CALIFORNIA I am proud to recognize and congratulate Mr. charitable and pleasing light; he never admits IN THE HOUSE OF REPRESENTATIVES Christopher R. Getz from Grosse Pointe, in his discourse any harsh expression, much Wednesday, September 14, 2005 Michigan for his selection in the top 5 rounds less any term that is haughty or rude. An ami- of the 2005 Major League Baseball Draft. able serenity is always painted on his coun- Mr. GALLEGLY. Mr. Speaker, on Tuesday, Being drafted by a Major League Baseball tenance. . . .’’ September 13, 2005, I was unable to vote on club is a rare accomplishment that only 1,500 The school which bears his name in Ohio’s the motion to suspend the rules and agree to high school and college ball players across Ninth District and which we today celebrate S. Con. Res. 26, Honoring and memorializing the country ever achieve, but to be selected in strives to imbue this same teaching in its stu- the passengers and crew of United Airlines the first five rounds is truly a triumph. Only 1 dents. It is echoed in the motto of the school: Flight 93 (rollcall 465); on the motion to sus- of 150 is drafted. I am proud to have such a Suaviter et Fortiter, mildly and firmly. pend the rules and pass H.R. 3649, the distinguished athlete from a city in my district. Today we recognize over a half century of Sportfishing and Recreational Boating Safety Christopher attended Grosse Pointe South the spiritual, intellectual, and social guidance Amendments Act (rollcall 466); and on the mo- High School, excelling in baseball and setting of thousands of young men, known in our tion to suspend the rules and pass S. 276, the records for batting average, doubles, stolen community as the Knights of St. Francis de Wind Cave National Boundary Revision Act bases, saves and more. In 2001, Christopher Sales. Godspeed, Knights! Onward to another (rollcall 467). Had I been present, I would led his team to a state championship against 50 years of excellence. have voted ‘‘yea’’ on all three measures. Grand Ledge.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20336 EXTENSIONS OF REMARKS September 14, 2005 He attended Wake Forest and was ranked Baseball team, I am especially proud of the Mr. Speaker, Dr. Freeman is among my he- one of the best second baseman in America honor that Harvey Haddix brought to baseball roes and I am proud to salute her for her by Baseball America in his freshman year. and our part of the state. The dedication of a many lasting contributions to both our local St. Christopher later attended the University of historical marker on what would have been his Louis community and to our nation. Her out- Michigan where he continued to shine. Some 80th birthday is a fitting tribute to a ballplayer standing leadership and sincere commitment of his numerous accolades include NCAA Divi- whose name will always be part of the storied to justice makes her more than worthy of re- sion 1 District V player of the year, All-Big Ten history of our national pastime. ceiving our recognition and I urge my col- second baseman for two consecutive years, f leagues to join me in commending Dr. Frankie and selection to the all-tournament team at the Freeman. big ten championship. Christopher finished his A TRIBUTE TO FRANKIE MUSE f college career with an astounding .355 batting FREEMAN A CIVIL RIGHTS AT- ON HURRICANE KATRINA AND THE average. TORNEY AND COMMISSIONER FEDERAL GOVERNMENT RE- With his numerous awards and impressive FOR AMERICA’S PRESIDENTS SPONSE statistics it is no surprise Christopher was se- lected in the first five rounds of the Major HON. WM. LACY CLAY League Baseball draft to the Chicago White OF MISSOURI HON. FORTNEY PETE STARK OF CALIFORNIA Sox. I am proud to recognize Christopher as IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES an impressive ballplayer and constituent, and Wednesday, September 14, 2005 I wish him the best of luck in the Major Wednesday, September 14, 2005 Leagues. Mr. CLAY. Mr. Speaker, I rise today to pay Mr. STARK. Mr. Speaker, I rise today to tribute to Frankie Muse Freeman, a lawyer f note that failure of leadership and gross in- from Missouri who has fought a long and his- competence of key officials has led to thou- TRIBUTE TO HARVEY HADDIX toric battle in defense of civil and human rights sands of unnecessary deaths. To then take for all Americans. Her dedication and service this tragedy and attempt to blame the victims, HON. MICHAEL G. OXLEY to our nation as a civil rights attorney and or suggest that they’re taking advantage of the OF OHIO Commissioner of Civil Rights for a long line of situation, is beneath contempt. IN THE HOUSE OF REPRESENTATIVES American Presidents, aptly earns her a place The catastrophe on the Gulf Coast shows in the Missouri Walk of Fame and the privilege Wednesday, September 14, 2005 how vulnerable this country is because of un- of being honored today before Congress. accountable, ineffective leadership; a weak- Mr. OXLEY. Mr. Speaker, there have been Dr. Freeman has been engaged in the prac- ened, over-stretched government; and rising many memorable pitching performances in the tice of law since June 1949. In addition to poverty and economic dislocation. history of major league baseball. But no pitch- being an outstanding attorney, she has held The only way to make good of the horrors er was ever better for as long a time in a sin- four presidential appointments. President Lyn- of this hurricane and the bungled response is gle game than Harvey Haddix the night he don B. Johnson nominated her as the first to heed the lessons offered: pitched 12 perfect innings. His legacy will be woman to serve as a Commissioner of the Some jobs require more than good inten- celebrated in his native Champaign County on U.S. Commission on Civil Rights. Presidents tions and the President’s trust. It is inexcus- September 18 with the dedication of an Ohio Nixon, Ford and Carter subsequently re- able that people with no emergency manage- Historical Marker in Westville, where he appointed her. She served as a Commissioner ment experience fill top positions at the Fed- played his first organized ball. Harvey Haddix for 16 years, and later as Inspector General eral Emergency Management Agency. was a consummate baseball professional. He for the Community Services Administration Four years after 9/11, we are no better was a three-time All-Star and Gold Glove win- during the Carter Administration. President equipped to save lives in an emergency. Our ner who played for five teams in a career that Carter, in thanking her for her service to the domestic infrastructure and readiness have lasted from 1952–1965. He was later a suc- Civil Rights Commission, stated that ‘‘You paid a severe price in favor of fighting two cessful pitching coach. Harvey will forever be have insisted that this nation must follow poli- wars while cutting taxes. known in baseball lore for the game he cies and reflect an unequivocal commitment to We cannot rely solely on local governments pitched for the Pittsburgh Pirates against the the goal of equal opportunity for all, in all and charities. A strong, well-funded federal Milwaukee Braves on May 26, 1959. Batter by walks of life. . . You are one of our Nation’s government is critical. batter, he shut down a powerful Braves team truly great leaders in the field of civil rights.’’ If government fails, millions of impoverished that boasted hitters like Hank Aaron, Eddie Committed to justice, Dr. Freeman joined 15 Americans are as vulnerable to natural disas- Mathews, and Joe Adcock. 27 batters came Federal officials in forming a bipartisan Citi- ters as people in the poorest countries of the up, 27 made out—a virtuoso accomplishment zens Commission on Civil Rights to monitor world. The horrific photographs of the after- that would have set off a great celebration in the Federal Government’s enforcement of math of the hurricane make that point all too any other game. But the Pirates couldn’t score laws barring discrimination. She has extensive clear. Meeting all Americans’ health care, edu- either, so Harvey was forced to extend his experience in the areas of housing, civil and cation, job training, and housing needs should masterpiece into the tenth, eleventh, and probate law, and in civil rights. She has rep- be at the top of our agenda every day, not just twelfth innings. It finally came to an end in the resented individuals, major corporations, not- in response to a disaster. thirteenth inning when the Braves scored a for-profit organizations, and state and munic- I hope that the crisis of conscience brought single run to win the game, 1–0. The story in ipal agencies. A landmark in her career oc- by coverage of this hurricane will convince ev- the sports pages the next day was that a curred in 1954 when she argued and won the eryone in Congress and around the country to pitcher had ‘‘lost’’ a perfect game. But the real case challenging racial segregation in public do their part to change the reckless policies story of Harvey Haddix’s amazing game has housing in St. Louis. that have exacerbated this disaster. to do with the lesson that he taught all of us She strives to empower others to always be f about the joy of competition. When you give prepared and be active participants in today’s HONORING THE 100TH ANNIVER- your personal best, long past the point when society. Leading by example, Dr. Freeman has SARY OF THE SAYVILLE FIRE it may seem you’ve given all you can, you’ll al- devoted many hours to the Howard University DEPARTMENT ways be respected as a winner. Indeed, just Board of Trustees, National Council on Aging, one season later, this ‘‘hard luck’’ pitcher won National Council of Negro Women, Girl Scouts two games, including Game 7, in the 1960 of the United States of America, Board of Di- HON. STEVE ISRAEL OF NEW YORK World Series as his Pirates improbably de- rectors of the Urban League of Metropolitan IN THE HOUSE OF REPRESENTATIVES feated the favored New York Yankees. That St. Louis, Board of the United Way of Greater was probably just baseball’s way of evening Saint Louis, Board of the Greater St. Louis Wednesday, September 14, 2005 things out. Harvey Haddix was born in Chapter of the United Nations Association and Mr. ISRAEL. Mr. Speaker, I rise to offer my Medway and resided in Springfield at the time the Trustee Board of Washington Tabernacle sincere congratulations to the Sayville Fire De- of his death in 1994. As a fellow Ohioan and Baptist Church. She is also a past president of partment in celebration of their 100th Anniver- manager of the Republican Congressional Delta Sigma Theta Sorority, Inc. sary.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20337 The Sayville Fire Department was formed in ON INTRODUCING THE FAIR for the economy. Without the law, called the 1905 with the merger of three independent fire WAGES FOR HURRICANE VICTIMS Davis-Bacon Act, contractors will be able to companies. Two of those original companies, ACT pay less, but they’ll also get less, as lower wages invariably mean lower productivity. the Sayville Hook & Ladder Company No 1, The ostensible rationale for suspending the formed in 1878 and the Resolute Hose Com- HON. GEORGE MILLER law is to reduce taxpayers’ costs. Does Mr. pany No 1, formed in 1891 are still active OF CALIFORNIA Bush really believe it is the will of the Amer- today. IN THE HOUSE OF REPRESENTATIVES ican people to deny the prevailing wage to The first firehouse, built in 1878, still stands construction workers in New Orleans, Biloxi and is used today as a private home. The Wednesday, September 14, 2005 and other hard-hit areas? Besides, the proc- present Fire Headquarters for the Department Mr. GEORGE MILLER of California. Mr. lamation doesn’t require contractors to pass was built in 1938 and enlarged in 1994. If you Speaker, today I am introducing the Fair on the savings they will get by cutting wages were to visit the Sayville Fire Headquarters, Wages for Hurricane Victims Act. This legisla- from current low levels. Around New Orle- ans, the prevailing hourly wage for a truck you’d find original hook & ladder trucks and tion reverses the unconscionable proclamation driver working on a levee is $9.04; for an elec- hose reels from the 1800s on display. by the President last week to suspend Davis- trician, it’s $14.30. Today, the Sayville Fire Department proudly Bacon prevailing wage protections for workers Republicans have long been trying to re- protects 16,000 people living in an area of 4.5 in certain areas affected by Hurricane Katrina. peal the prevailing wage law on the grounds square miles. It operates out of two stations The Davis-Bacon Act requires that Federal that the regulations are expensive and bu- and protects a primarily residential area. Ap- contractors pay their workers at least the pre- reaucratic; weakening it was even part of the proximately 120 firefighters volunteer their vailing wage—simply the wage that is typical Republican Party platform in 1996 and 2000. time for the department. for their kind of job in their community. The Now, in a time of searing need, the party wants to achieve by fiat what it couldn’t While there have been many developments prevailing wage requirement ensures that the achieve through the normal democratic since 1905, the mission still remains the Federal Government does not drive down process. same. The brave men and women of the workers’ wages when it spends taxpayer dol- In a letter this week to Mr. Bush urging Sayville Fire Department are proudly serving lars. The President’s suspension of the Act is him to suspend the law, 35 Republican rep- their community by saving lives and protecting the wrong policy in the wrong place at the resentatives noted approvingly that Presi- property. wrong time. Many of the workers subjected to dents Franklin Roosevelt, Richard Nixon and the elder George Bush had all suspended the f these wage cuts have lost everything—their law during ‘‘emergencies.’’ For the record, homes, their property, their jobs, and even IN HONOR OF ELIZABETH Mr. Roosevelt suspended it for two weeks in family members. The best way to help them TERWILLIGER’S 96TH BIRTHDAY 1934, to make time to clear up contradictions rebuild—not just the Gulf Coast but their between it and another law. Mr. Nixon sus- lives—is to provide them with a decent job at pended it for six weeks in 1971 as part of his HON. LYNN C. WOOLSEY a fair wage. America owes it to the victims of misbegotten attempt to control spiraling in- OF CALIFORNIA Hurricane Katrina that they can play a role in flation. And Mr. Bush did so after Hurricane IN THE HOUSE OF REPRESENTATIVES cleaning up and rebuilding their devastated Andrew in 1992, two weeks before he was de- Wednesday, September 14, 2005 communities at a wage that will allow them feated by Bill Clinton, who quickly rein- stated it after assuming the presidency. Ms. WOOLSEY. Mr. Speaker, I rise today to and their families to get back on their feet. If Mr. Bush does not rescind his proclama- honor Elizabeth Terwilliger on the occasion of Suspending the Davis-Bacon Act, however, tion voluntarily, Congress should pass a law her 96th birthday. Known as Mrs. T, her phi- means that Federal contractors receiving tens forcing him to do so. losophy is to teach children to love nature be- of billions of taxpayer dollars can pay their f workers whatever wage they can get away cause people take care of what they love. PERSONAL EXPLANATION Fifty years ago, Mrs. T settled in Marin with. Lower pay not only means unnecessary County, California and sought to teach her further hardship for working families, it means own children to love nature. Her inquisitive less quality work for taxpayer dollars. It means HON. MAJOR R. OWENS and thoughtful approach to teaching with a bigger profits for big contractors at the ex- OF NEW YORK new understanding of seeing nature soon led pense of working families. It means less IN THE HOUSE OF REPRESENTATIVES to more children joining their excursions. money being pumped into the local economy, Wednesday, September 14, 2005 as local workers have less money to spend. Anyone who has been on one of her excur- Mr. OWENS. Mr. Speaker, I was absent on As a New York Times editorial, which I attach sions will remember her contagious joy and Tuesday September 13, 2005 due to a un- to this statement for the record, succinctly put enthusiasm for all the plants and animals of avoidable circumstances in my Congressional it, the President’s suspension of the Davis- Marin. District. Had I been present, I would have The Elizabeth Terwilliger Nature Foundation Bacon Act is ‘‘a shameful proclamation.’’ The Fair Wages for Hurricane Victims Act voted: ‘‘Yea’’ to S. Con Res. 26—Honoring was founded in 1975, and is now part of the and memorializing the passengers and crew of nonprofit environmental education organization will restore Davis-Bacon prevailing wage pro- tections to the workers who have lost so United Airlines Flight 93; ‘‘Yea’’ to H.R. WildCare. WildCare and Terwilliger Nature 3649—the Sportfishing and Recreational Boat- Guides continue Mrs. T’s work and reach over much. The victims of Katrina are not a source of cheap labor for big contractors looking for ing Safety Amendments Act and ‘‘Yea’’ to S. 40,000 children and adults annually. 276—the Wind Cave National Park Boundary Mrs. T did not stop at teaching others to big profits. They are American workers whose Revision Act. love nature, she actively engaged in protecting hard work and commitment to rebuilding must it as well. She helped to save the Richardson not be undervalued. f Bay Preserve, develop bicycle paths, and I urge the President to rescind his executive MARSHALL UNIVERSITY’S FUND- build a footbridge at Muir Beach. Inducted into order on Davis-Bacon, and in lieu of his taking RAISING EFFORTS FOR HURRI- the Marin Women’s Hall of Fame, designated such action I strongly urge my colleagues to CANE KATRINA RELIEF a ‘‘Rara Avis’’ by the San Francisco Enquirer support my bill and I urge its speedy passage. and Chronicle, starring in several films and her [From the New York Times, Sept. 10, 2005] HON. NICK J. RAHALL II A SHAMEFUL PROCLAMATION own newspaper column is just a sampling of OF WEST VIRGINIA her numerous achievements. On Thursday, President Bush issued a proc- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is my pleasure to honor Eliz- lamation suspending the law that requires abeth Terwilliger, whose love of nature and employers to pay the locally prevailing wage Wednesday, September 14, 2005 desire to teach others to share that love to construction workers on federally fi- Mr. RAHALL. Mr. Speaker, this past week- leaves a legacy that is part of the fabric of our nanced projects. The suspension applies to end, the overwhelming generosity of West Vir- community. Mrs. T’s commitment has touched parts of Louisiana, Mississippi, Alabama and ginians, in the wake of the devastation caused Florida. so many lives in her 96 years, and those lives By any standard of human decency, con- by Hurricane Katrina continued on the campus will continue to educate future generations demning many already poor and now bereft of Marshall University in Huntington, West Vir- about nature and protection of the environ- people to subpar wages—thus perpetuating ginia. As part of a fundraising effort spear- ment. their poverty—is unacceptable. It is also bad headed by various campus organizations and

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20338 EXTENSIONS OF REMARKS September 14, 2005 coordinated with the American Red Cross, HONORING JAMES AND VIRGINIA CELEBRATING THE BIRTH OF OSI- fans attending the Marshall-Kansas State foot- LAWRENCE, 2005 ANGELS IN RIS CHRISTOPHER EARL NURSE ball game were asked to ‘‘Bring a Buck’’, just ADOPTION one dollar, to aid the victims of Hurricane HON. JOE WILSON Katrina. OF SOUTH CAROLINA HON. JIM COOPER IN THE HOUSE OF REPRESENTATIVES From the crowd of nearly 37,000 fans, a vol- OF TENNESSEE unteer army of students, faculty and staff were Wednesday, September 14, 2005 IN THE HOUSE OF REPRESENTATIVES able to raise more then $520,000 in just a Mr. WILSON of South Carolina. Mr. Speak- matter of hours. This volunteer force of over Wednesday, September 14, 2005 er, today, I am happy to congratulate Shannon 150 individuals, including Marshall President and Courtney Nurse on the birth of their new Mr. COOPER. Mr. Speaker, it gives me baby boy. Osiris Christopher Earl Nurse was Stephen J. Kopp, spread out around the sta- great pleasure today to recognize and pay born on September 13, 2005, at 10:24 p.m., dium with members of the local Red Cross tribute to this year’s Angels in Adoption award- weighing 6 pounds, 2.4 ounces, and meas- chapter to accept donations as fans arrived at ees from the Fifth District of Tennessee— uring 19.5 inches long. Osiris has been born the game. James and Virginia Lawrence. This honor is into a loving home, where he will be raised by Thanks must be given to the many student given by the Congressional Coalition in Adop- parents who are devoted to his well-being and organizations who volunteered their time and tion to extraordinary individuals, like the Law- bright future. His father Courtney is a tremen- efforts to make this happen. Groups partici- rences, who have made a tremendous dif- dous help to my staff and countless other peo- ference in the lives of foster children. pating in the ‘‘Bring a Buck’’ event were: Stu- ple throughout Capitol Hill. Today, we are pleased to celebrate Osiris’ healthy birth and dent Government Association; Biology Club, In 1992, after raising four biological children, James and Virginia Lawrence welcomed into welcome him to Washington. Delta Sigma Theta, Student Ambassadors; their home their first foster child. Little did they f Pre-AMSA (American Medical Student Asso- know that this decision would be the first step INTRODUCING A BILL ESTAB- ciation); Honors 101; Circle K; Campus Cru- in what would become a life-long commitment LISHING THE KATRINA COMMIS- sade for Christ; Phi Mu; Gamma Beta Phi; to helping needy children. Over the last twelve SION Alpha Tau Omega; Athletics, Staff and Rec- years, the Lawrences have tirelessly devoted reational Sports. their lives to caring for, loving, and supporting HON. ALCEE L. HASTINGS The hard work and determination of these more than 200 children who have come into their home through Tennessee’s foster care OF FLORIDA students to help out their neighbors in the Gulf IN THE HOUSE OF REPRESENTATIVES region inspired Marshall Alumni, members of system. Wednesday, September 14, 2005 the Marshall University Foundation, Inc., the The Lawrences stand out as foster parents Board of Directors and others to rise to the for two reasons: their absolute devotion to the Mr. HASTINGS of Florida. Mr. Speaker, I children who come into their home, and their challenge of ‘‘Bringing a Buck’’ and more. In rise today with my colleague from New Jersey, tireless work to reunite children with their birth Representative MENENDEZ, to introduce legis- one case, an anonymous donation of parents. According to Mrs. Lawrence, many of lation establishing the Katrina Commission to $250,000 was made, inspiring other donors to the birth parents ‘‘needed parenting them- examine and evaluate the Federal Govern- give as much as $25,000 each. selves. We taught many of them how to be ment’s response to Hurricane Katrina and as- I applaud Student Body President Michael parents, by providing counsel, offering advice sess our ability to respond to future large- Misiti’s challenge to other higher education in- and by our example.’’ Whenever it became scale disasters. We are proud that our legisla- stitutions in the country to match Marshall’s clear that returning to a birth parent was not tion is the companion bill to S. 1622 which fundraising total. This sentiment was echoed a good option for one of their foster children, was introduced last week in the Senate by our the Lawrences knew what to do—they simply by Governor Joe Manchin, who was at the colleagues Senators CLINTON and MIKULSKI. adopted the child. Mr. and Mrs. Lawrence While the long-term impact of Hurricane game and issued his own challenge to the have extended their loving family by adopting Katrina will be felt for years, our evaluation of other 49 governors to work with their univer- Alisa, now 24, Peggy, 21 and Shelby, 18. the Federal Government’s response to, and sities and colleges to sponsor a ‘‘Bring a Mr. Lawrence said that, before retiring from preparation for, this and other major disas- Buck’’ event during upcoming football games. the city’s police force, he was greatly affected ters—natural and man-made—must begin im- This generous outpouring of support for the by the many children taken from their families. mediately. victims of Hurricane Katrina from West Vir- That experience moved him and his wife to Mirrored after the 9–11 Commission, the ginians is not surprising. In fact, this is just the open their home to children in need of a Katrina Commission will consist of 10 mem- bers with no more than 5 being from either the latest response by Marshall University as part healthy, secure home environment. He added that, ‘‘helping children has been a blessing for Republican or Democratic parties, thus ensur- of Thunder Relief 2005, a joint effort by stu- ing an independent and diverse make-up of dents, faculty and staff in response to the dev- him and his wife as well.’’ Virginia Lawrence said that, ‘‘having the kids around keeps your commission members. The Katrina Commis- astation from the disaster in Louisiana, Ala- heart beating another day.’’ She continues to sion will be afforded the same powers which bama, Mississippi, and Florida. teach the four foster children currently in their the 9–11 Commission enjoyed and will be From waiving all application and late fees home the independent living skills they’ll need tasked at finding the answers to the critical for displaced students, to offering free online to build a promising and rewarding life. questions that we all have. These include but courses, to coordinating through the Marshall are not limited to: The Lawrence’s big hearts, patience and Were we adequately prepared to respond to medical school with medical personnel in hur- devotion is evidenced by the countless num- a disaster of this magnitude? Are we any ricane-stricken areas who need assistance, ber of children they have reached out to over more prepared today than we were before Marshall University has not hesitated in doing the years; and in their willingness to continue Katrina? their part to help out their fellow Americans. opening their doors to young people in need What plans were in place before Katrina of a warm, secure and loving home. We in the Mountain State have had our made landfall to meet power, utility, and tele- On behalf of the Fifth District of Tennessee, share of devastating floods and are familiar communications needs following the storm? I congratulate and thank the Lawrences for with the needs of those most affected by this What plans are in place for future disasters? setting a wonderful example of what it means What was the availability of adequate re- tragic disaster. I am proud of the generous to make a difference in the community and in sources to meet the needs of displaced indi- spirit of humanity being shown by my fellow the lives of our most vulnerable children. I viduals and families, including temporary West Virginians and I am proud to call the hope we’ll all reflect on the Lawrence’s model housing, medical services and facilities, trans- Mountain State my home. ‘‘of ordinary people, doing extraordinary portation, and food and water supplies? things’’ as we reach out to help those affected Did our Federal disaster response plans by the devastation of Hurricane Katrina. consider the needs of all communities? What

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20339 plans existed to ensure that underserved com- With Lew’s death, our nation has lost one of INVESTIGATING THE KATRINA munities reached safety before and after the leading lights of the business world, a CATASTROPHE Katrina? prominent member of the Silicon Valley com- How effective was the Federal Government munity, and a wonderful human being. HON. CHARLES B. RANGEL in its rescue and other life-saving techniques? Lew’s death at the age of 64 is a shock to OF NEW YORK Was the Federal response to Hurricane those of us who were privileged to work with IN THE HOUSE OF REPRESENTATIVES Katrina efficiently coordinated with State and him and know him well. He was a person Wednesday, September 14, 2005 local governments? Was it adequate and ap- whose example and guidance will be greatly propriate in size and scope? missed. His decency, his integrity, and his Mr. RANGEL. Mr. Speaker, I rise today in What improvements do the Executive and common touch made him stand out in a busi- support for the implementation of an inde- Legislative Branches need to make to in- ness world known for the archetypal hard- pendent and bipartisan commission that will crease the efficiency and effectiveness of our charging executive. lead a thorough investigation that will pinpoint disaster response programs? Lew’s legacy will be most closely linked with what went wrong before, during and in the Mr. Speaker, my Congressional District re- Hewlett Packard, where he worked for more wake of Hurricane Katrina. ceived the brunt of three major hurricanes last than 30 years. He began his career there as Long before Hurricane Katrina hit land as a year. As I said earlier today, certainly our first an engineer and rose through the ranks to category five hurricane, engineers, environ- priority has to be to rescue those who are still lead the company from 1992 to 1999 as its mentalists and military personnel have known alive and provide them with housing, medical CEO. for years that a strong hurricane, like Katrina attention, food, and water. However, as the Lew was a product of the ‘‘HP Way,’’ the could devastate bowl-shaped New Orleans, Gulf Coast turns to the recovery and rebuild- ‘‘walking-around’’ style of management pio- prompting questions about why more was not ing processes, the billions that Congress will neered by Bill Hewlett and David Packard that done in advance to mitigate the damage or re- spend will not be enough to fix the problems encouraged employees to bring their ideas to spond more effectively in the storm’s wake. that exist within FEMA. top management. He embraced the HP Way For years, scientists have warned local, state Based on my own personal experience and was known to eat lunch regularly with em- and federal officials that the strength of a dealing with FEMA and its director over the ployees in the company’s cafeteria. He es- storm like Katrina would threaten the integrity last year, I warn the Members of this body that chewed the privileges enjoyed by most execu- of the 287 year old levee system and could the problems you see today are just the tip of tives of major corporations and unlike most, cause massive flooding of the New Orleans the iceberg—and it has nothing to do with the he always flew coach. area, if the system was not properly improved and maintained. magnitude of the disaster. He knew the dividends that the HP Way Now, as survivors are slowly evacuated and Inconsistency in FEMA regulations, constant could bring, and he was able to guide the are receiving the help they so direly need, the reinterpretations of the Stafford Act, Federal company to tremendous growth during his ten- world is beginning to ask some pertinent ques- officials treating local emergency operations ure. Business Week named him Top Manager tions. They are legitimately questioning the ef- centers like revolving doors, lack of coordina- in 1995. Lew was also a pioneer in working to ficacy of the responses from each level of tion, and FEMA’s fluid and unclear chain of elevate women to top executive posts and government, especially the slow and inad- command are just a few of the many signifi- was recognized with the Catalyst Award in equate response of FEMA and the Federal cant and real problems that Floridians dealt 1991 for his efforts. government whose policies and government with last year and are still dealing with today. In writing about Lew this Monday, Business I have literally begged the committees of ju- cutbacks might be responsible for the loss of Week praised him again: ‘‘Platt was re- thousands of lives. How does an event such risdiction in this body to hold hearings on spected, admired, and just plain liked by HP these shortcomings. I even introduced bipar- as the Katrina Catastrophe occur when there employees, customers, and even rivals. Platt was previous knowledge that the levees were tisan legislation in March with our colleague, was genuine, self-effacing, and honest. He CLAY SHAW, to address a slew of institutional in disrepair? was quick to give personal accolades to oth- The U.S. Army Corps of Engineers had problems within FEMA that we experienced ers, and to accept criticisms . . . with grace.’’ first-hand last year. been working with local officials to strengthen It was his integrity, I think, that brought Boe- Yet every time we take our concerns to the the city’s defenses in case of a massive ing to seek his leadership at a time when it committees, we’re told, ‘‘It’s not a big enough storm, but federal funding for improving the was beset with controversy at its highest lev- problem to consider on its own.’’ Well, Mr. levee system and implementing other projects els. Leading the company’s Board, he was Speaker, is the problem big enough now? to keep water from overtaking New Orleans able to provide critical stability when it was How many people must die in a disaster be- decreased under the Bush administration. The needed most. fore something becomes a ‘‘big enough prob- Corps of Engineers responsible for mainte- lem’’ in this Congress? Mr. Speaker, I had the pleasure to know nance had approximately $114 million worth of Accountability is the only way to restore in- Lew Platt and to work with him. He was a hurricane protection projects, however with tegrity in a broken system. An independent gentle man with a superb intellect. He was federal funding down 44 percent; no new con- commission is the first step in repairing our taken from us too soon and had so much tracts for construction had been awarded disaster response system, which we all now more to give, but he leaves a rich legacy of since early in fiscal year 2004. know is woefully inadequate. family, of leadership and of extraordinary con- Why? The Iraq war took priority over do- I ask for my colleague support for this legis- tributions to our community and our country. I mestic disaster prevention. As a result, the lation, and I urge the House Leadership to ask my colleagues to join me in honoring the money needed to strengthen national infra- bring it swiftly before the House for its consid- life and work of this good man and extending structures against natural disasters was trans- eration. to his wife and entire family our deepest and ferred into the President’s budget to fund sincere sympathy. f homeland security and the war on Iraq. Also, our National Guard who is responsible for pro- TRIBUTE TO LEWIS PLATT f tecting our homeland from the threat of dis- PERSONAL EXPLANATION aster was greatly affected by this administra- HON. ANNA G. ESHOO tion’s policies. As people begged through OF CALIFORNIA ´ news cameras for food, water and shelter, our IN THE HOUSE OF REPRESENTATIVES HON. RUBEN HINOJOSA National Guardsmen were far and few in be- OF TEXAS tween. Most of them were fighting and con- Wednesday, September 14, 2005 IN THE HOUSE OF REPRESENTATIVES tinue to fight in Iraq. Most importantly, much of Ms. ESHOO. Mr. Speaker, I rise today to the equipment and materials needed, like the honor the life of Lewis Platt, the leading Direc- Wednesday, September 14, 2005 Guard’s high water vehicles, re-fuelers and tor of the Board of the Boeing Company and Mr. HINOJOSA. Mr. Speaker, I was un- generators required to execute rescue mis- the former Chairman, CEO, and President of avoidably delayed in meetings with my con- sions, provide food, water and medicine to Hewlett Packard, who died unexpectedly on stituents. Had I been present, I would have those trapped on their roofs or in attics were Thursday, September 8, 2005. voted ‘‘yes’’ on Roll Call 465, 466, and 467. transported to Iraq.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20340 EXTENSIONS OF REMARKS September 14, 2005 In addition, the Bush administration made TRIBUTE TO MS. AUDREY BERRY Grand Junction Office. Most notably, four Long significant structural changes to the Federal Term Stewardship Workshops were held, each Emergency Management Agency (FEMA), HON. MARK UDALL with 225 to 300 attendees. And, she organized shifting funds away from pre-disaster prepara- OF COLORADO a Stakeholders Conference on Worker Transi- tion and implementing policies promoting out- IN THE HOUSE OF REPRESENTATIVES tion and Legacy Benefits for DOE’s Office of sourcing of relief efforts to private companies. Wednesday, September 14, 2005 Legacy Management. This effort was espe- With regards to Louisiana, FEMA denied Lou- cially important and noteworthy. She recog- Mr. UDALL of Colorado. Mr. Speaker, I rise isiana funding for pre-disaster preparation, nized, as do many at DOE, that providing today to pay tribute to Ms. Audrey Berry. This health care and benefits for people who which would provide the means for items that week, Ms. Berry will be retiring from the U.S. would better equip the local government for a worked at DOE sites—sites that involved the Department of Energy (DOE) where she handling of hazardous materials—is an impor- storm such as Katrina. Meanwhile, top officials served for over 12 years at DOE’s Grand of FEMA were forewarned that cutting cost tant obligation that we as a nation owe to Junction Office on Colorado’s Western Slope. these workers. Her attention to detailed plans would result in a slow response times in cases Her work at DOE, as well as her long career has assured successful and well-attended of emergencies, which took place in the wake in public service, demonstrates her dedication events and helped promote policies to address of the hurricane. and commitment to community concerns and worker transition issues and public involve- Although the federal government’s response enhancing the quality of life for those in Colo- rado, the Rocky Mountain region and across ment regarding the long-term integrity of and policies aided in this resulting tragedy, the cleanup and closure of DOE sites. local and state governments should not be left the country. Serving as a Public Affairs Specialist at Ms. Berry has been the recipient of at least without responsibility. Although the Mayor had 16 various awards, namely Special Act issued a mandatory evacuation of the city, DOE’s Grand Junction Office since January 25, 1993, Ms. Berry consistently has dem- Awards, Individual Incentive Awards, and given the economic background of much of onstrated a high level of performance. At this Group Awards during her tenure with DOE’s New Orleans’ citizens many of them did not position she successfully engaged the commu- Grand Junction Office. have the means to evacuate. Why wasn’t nities surrounding DOE’s Fernald and Mound Before joining DOE in 1993, she served as there transportation provided? Moreover, there Sites in Ohio and the Rocky Flats Site near the Western Slope Office Director for Colorado didn’t seem to be a well formulated ‘‘worst- Denver, Colorado in the establishment of Senator Tim Wirth. At this position, she helped case scenario’’ evacuation and rescue plan Local Stakeholder Organizations, which pro- constituents address issues and concerns with beyond the Superdome and the Convention vide opportunities for the public to comment federal programs and policies. Prior to working Center, which would facilitate a more mellif- on and be involved with the ongoing moni- for Senator Wirth, she performed the same luous process of communication between the toring of the cleanup at these former nuclear service to citizens of Colorado’s Western state and local officials, and the citizens of weapons production facilities. She also helped Slope in Representative Ray Kogovsek’s office New Orleans. develop a successful transition strategy for when he represented the 3rd Congressional The brave citizens of New Orleans and the public participation at DOE sites that are slat- District in Colorado. Ms. Berry’s work at all of these offices un- people of this nation want answers. We need ed for closure. derscores her deep commitment to service for to find out what went wrong on every level, so Ms. Berry also was instrumental in estab- the communities she has served. What’s es- that we will be well equipped to efficiently han- lishing one of the first DOE Site Specific Advi- pecially impressive has been her personal dle another event like Hurricane Katrina and sory Boards (SSAB) in November 1993 for the touch—the way that she interacts with people prevent something like this from happening in Monticello uranium mill tailings remediation site in Monticello, Utah. She developed the so that they are included in policy decisions the future. I am in full support of an inde- application for perspective members and inter- and treated with seriousness and respect. In pendent, bipartisan commission, similar to the viewed applicants; managed the budget for so doing, she has been effective in getting the 9/11 commission that would investigate and the duration of the SSAB; provided DOE- job done and involving the public and various assess the efficacy of responses by each level Headquarters with required reports and action; stakeholders. Her accomplishments and style of government. This commission would estab- organized meetings, was the liaison between are models for the type of quality in public lish why leaders ignored urgent warnings that the members, DOE, the U.S. Environmental service that we all can seek to emulate. New Orleans would be destroyed if it sus- Protection Agency, and the State of Utah; fol- I am sure that Ms. Berry will remain active tained a direct hurricane hit. This body would lowed up on action items; was responsible in in issues of importance to communities along assess why the notion that if a mass evacu- attempting to meet diversity requirements, and Colorado’s Western Slope or wherever life ation occurred, thousand of poor people would resolved issues of concern. Ms. Berry also takes her. I wish her much future success. be left behind without any means of escape was instrumental in disbanding the SSAB f was ignored; and why the protective levees when the mission was completed. Her involve- were not strengthened despite expert pre- ment with the community of Monticello contin- PENN STATE FAYETTE CELE- dictions that they would not withstand a major ued for six years. BRATES ITS 40TH ANNIVERSARY hurricane. In addition, the breakdown in com- Also at the Monticello site, Ms. Berry orga- munication and coordination between local, nized, developed and implemented the plan to HON. JOHN P. MURTHA state and federal agencies urgently needs to transfer DOE property located at the Monti- OF PENNSYLVANIA be investigated, especially now that we are cello site to the City of Monticello for rec- IN THE HOUSE OF REPRESENTATIVES under constant threat of terrorist attacks. reational use. Utilizing the General Services Wednesday, September 14, 2005 Lastly, the actions of FEMA and its director Administration and National Park Service’s Mr. MURTHA. Mr. Speaker, I am pleased to Michael Brown who revealed his ineptitude ‘‘Lands to Park’’ Program, the property was recognize Penn State Fayette, The Eberly when he appeared not to know that thousands successfully transferred in June 2000. Campus as it celebrates its 40th anniversary of victims were stranded inside the New Orle- Ms. Berry also supported numerous projects assigned to DOE’s Grand Junction Office. in 2005–2006. From its humble beginnings to ans Convention Center, under deplorable con- During her tenure, she developed public par- its present status, Penn State Fayette had ditions, despite reports about it on news ticipation plans and established outstanding played a key role in the social, cultural, and broadcastings, must be thoroughly examined. relationships with numerous stakeholder economic development of Fayette County. Most importantly I want to stress that this groups, including congressional, state and Penn State first came to scenic South- commission must be independent and bipar- local officials, tribal members, special interest western Pennsylvania following the establish- tisan, no administration could credibly inves- groups, citizen’s advisory boards, the media, ment of the Pennsylvania Cooperative Exten- tigate such an immense failure on its own and individual citizens. In order to successfully sion Service and its county agricultural agents watch. We owe it to the flood victims of New interface with the multiple contacts she en- in 1907. In 1934, Penn State established an Orleans to give them truthful answers as to joyed, Ms. Berry possessed a broad technical Undergraduate Center in Uniontown that pro- why this event took place and to assure our knowledge of all of the assigned projects. vided the first two years of a college education citizens that tragedies like this will never hap- Ms. Berry also organized and conducted nu- to area residents ‘‘location bound’’ and/or un- pen again. merous workshops and conferences for DOE’s able to afford studies at the University Park

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20341 campus. This Center closed in 1940 as the Center preserves coal-mining related artifacts, the difficult expedition back out of the BWCA. nation turned its attention to the approaching interviews and other memorabilia from the The weather started to deteriorate, with 40 war. However, Penn State returned to South- area. mph winds, two-foot waves and trees blowing western Pennsylvania with undergraduate Many campus enhancements have marked down, but the Scouts and their leaders made educational programming on June 1, 1965, the last few years at Fayette. Fayette opened the 11-mile trip, crossing 14 lakes and 13 when it opened the Fayette campus to serve the BioMedical Technology Building, housing long, steep portages (where they had to carry the residents of Fayette, Greene, Somerset, the science and nursing programs, in July of their 50 pound bags and 70 pound canoes) in Washington, and Westmoreland Counties. 1999. During the fall of 2001, the University six hours; usually a two-day trip. Jedamus Penn State Fayette began by first offering reopened Eberly Building, which had been stayed in the hospital for two days and made classes in several buildings in downtown shut down for one year to transform it into one a complete recovery. Uniontown. Then, in 1968 the Fayette Campus of the most technological state-of-the-art learn- Mr. Speaker, these Scouts and their leaders Advisory Board acquired 27 acres of the Gar- ing environments in the world. The renova- exemplify the outstanding act of service and ner Farm, located between Uniontown and tions have proven to be a great success and exceptional character that embody the Medal Connellsville. feature many new technologically advanced of Merit. Their courage and perseverance Since that time, the campus has grown to facilities, including a Corporate Training Cen- under trying conditions helped save the life of about 100 acres and 10 buildings: the ren- ter, a new Information, Sciences and Tech- one of their leaders. On behalf of the Sixth ovated Eberly Building (named for Orville S. nology (IST) lab, a technology center, a new District of Minnesota, I would like to extend my Eberly), the University House (once the Gar- Administration of Justice (ADMJ) crime lab, art congratulations on receiving this most deserv- ner home), the Williams Building (the rede- facilities and a child-care center, the Cub’s ing award. It is community members like these signed student center named for J. Lewis Wil- Den. In the fall of 2002, the theater in the Wil- Scouts and their leaders who help make Min- liams), a state-of-the-art library, a gymnasium, liams Building was remodeled and renamed nesota great. an engineering building, the Biomedical Tech- Swimmer Hall. f nology Building, and several other farm and In August 2005, a new community center maintenance buildings. was opened. This 52,000 sq. ft. addition to the TRIBUTE TO ELEANOR FARRAR Penn State Fayette now has five bacca- campus includes a 1,500-seat NCAA gym- laureate degrees in Administration of Justice; nasium, racquetball courts in the center and HON. CHARLES B. RANGEL Nursing; Human Development and Family an auxiliary gym. In addition, a 450-seat audi- OF NEW YORK Studies; Letters, Arts, and Sciences; and Busi- torium and the new cafeteria are housed in IN THE HOUSE OF REPRESENTATIVES ness Administration. Penn State Fayette also the community center. This center promises to Wednesday, September 14, 2005 offers nine associate degrees: Architectural provide top facilities for athletic, cultural and Engineering Technology; Electrical Engineer- civic events. The 2004–2005 school year saw Mr. RANGEL. Mr. Speaker, I rise today to ing Technology; Business Administration; the dedication of our new Cultural Center as pay tribute to the life and legacy of Eleanor Human Development and Family Studies; Let- well as the new Student Center. Farrar who passed away at the age of 79, on ters, Arts, and Sciences; Information, Again I offer my congratulations to Penn August 25, 2005 from breast cancer. She was Sciences, and Technology; Nanofabrication State Fayette for reaching the milestone of its a founder and former Vice President of the Manufacturing Technology, Science, and 40th anniversary and I am confident that with Joint Center for Political Studies. Nursing. such excellent programs the campus will con- Born Eleanor Schneider in Vienna, Austria, Responding to urgent statewide needs in tinue to be a vital asset to the region for an- Dr. Farrar immigrated to New York with her 1987, Penn State Fayette established a train- other 40 years and beyond. family in 1939, when she was 14. She re- ing and certification program for emergency f ceived an undergraduate degree in political medical technicians. Today the Continuing science from Mount Holyoke College in 1946, Education Department offers credit, non-credit, HONORING MINNESOTA BOY a master’s degree in political science from the and management development courses both SCOUTS AND LEADERS ON THEIR Johns Hopkins University School of Advanced on campus and off campus at the Uniontown RECEIPT OF THE MEDAL OF International Studies in 1947 and a PhD in Mall, United Parcel Services in New Stanton, MERIT AND THE NATIONAL CER- international relations from the London School and Somerset Hospital, Uniontown Hospital TIFICATE OF MERIT of Economics in 1952. and Frick Hospital. From 1954 to 1963, Ms. Farrar lived in Paki- The faculty at Penn State Fayette fulfill two HON. MARK R. KENNEDY stan and Cambodia, working as a lecturer in roles for the student body with their commit- OF MINNESOTA political science and international relations at ment not only to teaching but also to advising. IN THE HOUSE OF REPRESENTATIVES the University of the Panjab, Forman Christian The faculty have received national and Univer- College, both in Pakistan and the University of sity awards for teaching, research, community Wednesday, September 14, 2005 Karachi. outreach, and performance in English, art, phi- Mr. KENNEDY of Minnesota. Mr. Speaker, I When she returned to the United States, losophy, history, physics, chemistry, adminis- rise today to honor five Minnesota Boy Scouts she taught political science at Howard Univer- tration of justice, and engineering technology. and their two adult leaders as they receive the sity, where she met Eddie N. Williams, who The size of the student population allows for Medal of Merit and the National Certificate of had served as a reserve officer in the Foreign personal interaction between instructors and Merit from the Boy Scouts of America. On Service, and Kenneth B. Clark, the psycholo- students, and the dedication of the faculty September 18, 2005, Michael Daw, Eric gist whose work on the self-esteem of black makes this interaction a tremendous aid to Erfanian, David Fink, Derek Rossberg, Jim students in segregated public schools became learning. Spohn, John Spohn, and Tim Spohn will re- essential to the U.S. Supreme Court’s decision The many campus activities and events ceive these awards for their heroic efforts to in the monumental case Brown vs. Board of contribute to an atmosphere of unity. Over help save the life of another adult leader, Lau- Education. She worked with the two men in at- twenty-five clubs and organizations match the rie Jedamus. An additional adult leader, Emilie tempts to increase the participation of blacks interests of almost every student. The intra- Entrikin, will receive the National Certificate of in the Foreign Service. mural organizations include eight different Merit. Subsequently, in the 1960’s and 1970’s, El- sports occurring year round. Students have On August 18, 2004, the five Boy Scouts eanor Farrar worked as the director of Clark’s access to a large, well-equipped library, a and four adult leaders began a week-long trek think tank, the Metropolitan Applied Research state-of-the-art engineering building with a into the Boundary Waters Canoe Area Center. In 1970, however, that think tank en- CAD lab, new computer labs, a student activ- (BWCA) in northern Minnesota. On the third tered into a partnership with Howard Univer- ity and cafeteria facility, multimedia rooms, night of the trip, Laurie Jedamus developed sity to establish the Joint Center for Political and a fully equipped gymnasium. For various epiglottitis, a very dangerous throat infection Studies, established to provide training and activities and events, the campus possesses that progressed to the point that, by the next technical assistance to black elected officials. video-conferencing capabilities, Internet morning, Jedamus had difficulty breathing. Ms. Farrar served as the organization’s Vice connectivity, and satellite communications. In The Scouts and their leaders decided that President for twenty two years. The Joint Cen- addition, the campus’ Coal and Coke Heritage medical attention was necessary and began ter for Political Studies has become nationally

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20342 EXTENSIONS OF REMARKS September 14, 2005 known for its research on minority economic Again I offer my congratulations to the CONYERS AMENDMENT TO H.R. and social issues and black political participa- Cambria City Mission and its interdenomina- 3132 IS BAD PUBLIC POLICY tion. tional board of directors representing many She leaves behind four children, Jon, Cyn- churches in the Johnstown area. HON. K. MICHAEL CONAWAY thia, Andrew, and Erin; two siblings; and OF TEXAS seven grandchildren. f IN THE HOUSE OF REPRESENTATIVES Eleanor Farrar will always be remembered as ‘‘a woman of profound strength of char- CLEVELAND GREAT BOOKS Wednesday, September 14, 2005 BEGINS 60TH CONSECUTIVE YEAR acter, who expressed her commitment to the Mr. CONAWAY. Mr. Speaker, today, I voted study of race relations and development of against the H.R. 3132, The Children’s Safety sound policies with every endeavor she under- HON. STEPHANIE TUBBS JONES Act of 2005. As a cosponsor and ardent sup- took.’’ She will be truly missed. OF OHIO porter of most of the important provisions in f IN THE HOUSE OF REPRESENTATIVES this bill, I reluctantly voted against it. Most leg- CAMBRIA CITY MISSION Wednesday, September 14, 2005 islation of any substance contains both good CELEBRATES 75TH ANNIVERSARY and bad provisions. As a member of the U.S. Mrs. JONES of Ohio. Mr. Speaker, I rise House of Representatives, I continually use today to inform you that the Cleveland Great my best judgment to determine whether the HON. JOHN P. MURTHA Books group will begin its 60th consecutive good provisions outweigh the bad provisions OF PENNSYLVANIA year this fall of 2005 in gathering to discuss of a bill. I could not, in good conscience, vote IN THE HOUSE OF REPRESENTATIVES the classics in literature. in favor of a bill in which the ‘‘bad’’ of creating Wednesday, September 14, 2005 People have been reading great books for hate crimes law, outweighed the ‘‘good’’ of Mr. MURTHA. Mr. Speaker, I congratulate many centuries. The technique of asking strengthening protections for our children. the Cambria City Mission as it celebrates its questions and probing for an understanding of The Conyers Amendment added so-called 75th year of serving the Johnstown community the problems they deal with was used by Soc- ‘‘hate crimes legislation’’ which is bad public physically, mentally, materially, and spiritually. rates in ancient Athens, Greece. policy. This provision has no place in a bill The non-denominational mission is entirely fi- In modern times, it is thought that the for- that was designed to address violence, sexual nanced by contributions from local churches, mation of discussion groups for the purpose of abuse and other exploitation of children. I be- community service groups and generous indi- discussing the Great Books was started after lieve that every crime is a hate crime, and viduals; operating without government assist- the First World War by John Erksine. In 1927, therefore, no individual or group of individuals ance and following its Mission purpose for the Mortimer Adler helped launch 15 adult edu- deserves special treatment under the law. I last 75 years: cation courses in New York City to discuss the am also concerned that ‘‘hate crimes’’ legisla- ‘‘To promote the Christian way of life and Great Books. In 1930, Robert Hutchins and tion such as the Conyers Amendment, may build character by teaching the gospel of Mr. Adler introduced Great Books seminars lead to the creation of ‘‘thought crimes’’ in the Jesus Christ. To provide spiritual inspiration into the undergraduate curriculum at the Uni- not too distant future. through worship services and educational ac- versity of Chicago. Soon, across the United My plea to the members of the Other Body tivities. To improve the home life of the com- States ordinary laymen with a love for lit- is for them to not include the Conyers Amend- munity through boys’ and girls’ clubs and erature began to form and lead Great Books ment in their version of the Child Protection camps. To mold a greater love for country seminars in their local communities. Such a Act. I also urge for the House Conferees to through an understanding of its opportunities group formed here in Greater Cleveland. strip the Conyers Amendment from the final and challenges.’’ This group first met on October 8, 1946 at bill. the East Cleveland Public Library. That first Through the years, the Mission has experi- f enced many growing pains and undergone opening session involved a discussion of the many changes, but the commitment to its pur- Declaration of Independence. It was chosen IN OPPOSITION TO THE CONYERS pose stands firm. by the original leader Frank P. Whitney. AMENDMENT TO H.R. 3132 The Mission was founded in 1930 by the Today, Betty Gaetjens is the sole remaining First Presbyterian Church of Johnstown as a member from that first night. HON. JEFF MILLER Home Mission project. Bertha Bell, a member In 1972, the group moved their discussions OF FLORIDA of the church, was asked to be the first execu- to the present-day location of the Cleveland IN THE HOUSE OF REPRESENTATIVES tive director. She rented a storeroom at 602 Heights Noble Road Library. However, the Wednesday, September 14, 2005 Board Street, and began her work in Decem- practice of meeting twice monthly for nine ber of 1930. When the Great Depression af- months would remain the same; during the Mr. MILLER of Florida. Mr. Speaker, this fected all communities, including Johnstown, same summer recess, members would read a afternoon, the House passed an amended the Mission ministered to all who came for book to be discussed at the first meeting in version of H.R. 3132, The Children’s Safety help. Food was prepared and served daily for the fall. Act of 2005. The bill as sent to the floor by the hungry children who came after school, and When the members gather on September Judiciary Committee represented a tough clothing was distributed to families who were 20, 2005 to discuss Homer’s ‘‘The Odyssey,’’ crackdown on pedophilia and other sex of- in need. it will mark the beginning of the 60th contin- fenses. The bill modifies the national sex of- Today, in addition to Sunday school classes uous year of this Great Books discussion fender registration program, expands the use for children and adults, the mission also pro- group. The current members of this group are: of DNA to identify and prosecute sex offend- vides Sunday worship Bible study, craft, sew- Pam Bryson, Kathleen Colacarro, Fred ers, increases penalties for sexual offenses ing and knitting classes and meeting facilities. Damankos, David Fogarty, Betty Gaetjens, against America’s children, and makes other Mother-daughter and father-son banquets are Ray Habian, Sally Hanley, Maureen Hollander, much-needed modifications and expansions of held annually, as well as vacation Bible Linda Jones, Charles Lally, Ed Lampman, federal law relating to child safety. school. Camp Harmony and Camp Allegheny Frank Lavallo, William Malloy, Anne Meissner, Before the bill passed, however, an amend- remain the high points for the children of the Jane Melbourne, Howard Montgomery, Renee ment by Rep. JOHN CONYERS (D-MI) was Mission. Paolino, Matthew Paolo, Jackie Perkovic, Lois added, drastically altering this bill. I voted As the programs and attendance at the Mis- Rowland, Milena Salehar, Nick Smith, Lisa against the Conyers amendment, and its pas- sion expanded, the need for larger facilities Sturgis and Harvey Weiss. sage forced me to vote against final passage fulfilled with the 1958 purchase of a double As they begin their 60th year, members look of the bill. house at 906–908 Broad Street. However, the forward to exchanging ideas with all the enthu- The Conyers amendment creates a Federal building burned in 1970. A new building was siasm of that first night in October of 1946. offense for hate crimes. I believe that the pro- completed in 1972, and although it was se- They will converse freely, think with greater ponents of hate crimes legislation have good verely damaged by the Johnstown flood of clarity and perception, and come away with a and honorable intentions. They would like to 1977, the building was restored and reopened more profound insight which they did not have see less bigotry and more good will in Amer- in 1984. before. ican society. While I share that goal, I believe

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 14, 2005 EXTENSIONS OF REMARKS 20343 Congress should decline the invitation to enact trusion are avoidable because, as noted Mr. Speaker, Alan Reich joined the disability hate crimes legislation for both constitutional above, hate crime laws are unnecessary in the community over 40 years ago as a result of a and practical reasons. first place. swimming accident, and he has used a wheel- The U.S. Constitution created a federal gov- But above all else, I cannot comprehend chair since that time, but he refused to permit ernment of limited powers. Most of the federal why anyone would believe that the Conyers his disability to constrain his boundless energy government’s ‘‘delegated powers’’ are set forth hate crimes language makes our children any and commitment to worthy causes. Alan has in Article I, Section 8. The Tenth Amendment safer from sexual predators. Would it have been at the center of progress on disability was added to make it clear that the powers prevented John Couey from assaulting and issues—including public awareness, disability not delegated to the federal government ‘‘are heinously murdering Jessica Lunsford? I don’t programs and promoting important legisla- reserved to the States respectively, or to the believe it would have. tion—and has made groundbreaking contribu- people.’’ Our children deserve strong anti-pedophilia tions toward uniting and engaging the commu- Crime is serious problem, but under the laws that meet basic constitutional thresholds nity of people with disabilities. His outstanding U.S. Constitution it is a matter to be handled and it’s our responsibility to deliver that to abilities to move disability rights issues for- by state and local government. In recent them. Therefore I implore my Senate col- ward first became apparent as the founder of years, Congress has federalized the crimes of leagues to step up and give the presence of the U.S. Council for the International Year of gun possession within a school zone, the Conyers language in H.R. 3132 the scru- Disabled Persons in 1981. He became the first carjacking, and wife beating. All of that and tiny that it warrants. Should they pass a clean wheelchair user to address the United Nations more has been rationalized under the Com- Children’s Safety Act, I look forward to remov- General Assembly when he called on the merce Clause. The Commerce Clause is not a ing the Conyers language in conference and international organization to declare 1981 the blank check for Congress to enact whatever supporting the clean Conference Report. U.N. International Year of Disabled Persons. legislation it deems to be ‘‘good and proper for f America.’’ The Conyers Amendment is simply While President of N.O.D., Alan built the co- beyond the powers that are delegated to Con- TRIBUTE TO ALAN A. REICH— alition of disability groups that successfully gress. Today, the House exacerbated the er- FOUNDER AND PRESIDENT fought for the inclusion of a statue of former rors of past Congresses by federalizing more EMERITUS OF THE NATIONAL President Franklin Delano Roosevelt in his criminal offenses ORGANIZATION ON DISABILITY wheelchair at the FDR Memorial in Wash- Not to mention the fact that the Conyers ington, DC. He also spearheaded the critical language isn’t going to prevent anything. Any HON. TOM LANTOS survey research with Harris Poll Surveys that tracks the progress of Americans with disabil- thug that is already inclined to hurt another OF CALIFORNIA ities in key areas of life. In addition, Alan is human being is not going to lay down the gun IN THE HOUSE OF REPRESENTATIVES or knife because of some new law passed by the founder and Chairman of the World Com- Congress; they’ve already made a conscious Wednesday, September 14, 2005 mittee on Disability—the international arm of decision to disregard basic homicide statutes. Mr. LANTOS. Mr. Speaker, I invite my col- N.O.D., which further underscores the world- The notion that any federal hate crime law will leagues to join me today in paying tribute to wide reach of his contributions. He is a found- prevent brutal killings is preposterous. my dear friend Alan A. Reich, who retired re- er of the World Committee’s Franklin D. Roo- For the proponents of hate crime laws, the cently as President of the National Organiza- sevelt International Disability Award, which dilemma is this: if some groups (women, gays, tion on Disability (N.O.D.), which he founded. recognizes nations for progress toward the vegans, runners, whatever) are left out of the For the past 23 years, Alan provided extraor- United Nations’ goals for disabled persons. I ‘‘hate crime’’ definition, they will resent the se- dinary leadership as the leader of NOD, which should add, Mr. Speaker, that my wife Annette lective depreciation of their victimization. On is one of the leading non-governmental organi- and I are honored to be members of the World the other hand, if all victim groups are in- zations promoting disability rights in the United Committee on Disability. cluded, the hate crime category will be no dif- States and, through its World Committee on A graduate of Dartmouth College, Oxford ferent than ‘‘ordinary’’ criminal law. Disability, around the world as well. Alan re- University and Harvard University, and former Federalizing hate crime law will not increase tired earlier this year after nearly a quarter all-American track star and varsity football tolerance in our society or reduce intergroup century of extraordinary leadership, and he player, Alan has had a distinguished career in conflict. I believe hate crime laws may well has been named President Emeritus of the or- the business, government, and nonprofit sec- have the opposite effect. The men and women ganization. tors. Alan served as U.S. Deputy Assistant who will be administering the hate crime laws Mr. Speaker, Alan Reich has been an out- Secretary of State for Educational and Cultural (e.g. police, prosecutors) will likely encounter standing human rights and disability rights Affairs. In this position, he developed inter- a never-ending series of complaints with re- leader, whose courageous work has had an national exchange programs to further mutual spect to their official decisions. When a U.S. impact on people with disabilities around the understanding. He also held the position of Attorney declines to prosecute a certain of- world. In recognition of his leadership, Presi- Deputy Assistant Secretary of Commerce for fense as a hate crime, some will complain that dent George H.W. Bush awarded Alan the East-West Trade and Director of the Bureau of he is favoring the groups to which the accused George Bush Medal in a ceremony at the East-West Trade, where he was credited with belongs (e.g. Hispanic males). And when a Kennedy Center here in Washington on July the expansion of U.S. commercial relations U.S. Attorney does prosecute an offense as a 25 of this year. The George Bush Medal rec- with the People’s Republic of China, the So- hate crime, some will complain that the deci- ognizes leaders who seek to fulfill the promise viet Union and the countries of Eastern Eu- sion was based upon politics and that the gov- of the Americans with Disabilities Act (ADA) to rope. Prior to his outstanding career as a pub- ernment is favoring the groups to which the all Americans and who encourage the spirit of lic servant, Alan was an executive in manufac- victim belongs (e.g. Asian Americans). the ADA throughout the world. The award turing management and corporate long-range Perhaps the most dangerous element of ceremony in July was held in connection with planning with the Polaroid Corporation. federalized hate crime law is its approach to the 15th anniversary of the signing of the ADA the notion of thought crimes. But once hate by President George H.W. Bush in 1990. Mr. Speaker, I would like to express my ap- crime laws are on the books, the law enforce- Alan certainly epitomizes the high goals of preciation and the appreciation of this house ment apparatus will be delving into the the ADA, and I cannot imagine a more fitting to Alan Reich for his dedication and commit- accused’s life and thoughts in order to show recipient of this award. In commenting on ment to securing the equal participation and that he or she was motivated by bigotry. What Alan’s extraordinary leadership, former Presi- full inclusion of people with disabilities in all kind of books and magazines were found in dent Bush said: ‘‘As the Honorary Chairman of aspects of life. In many capacities, Alan has the home? What internet sites were N.O.D. and its World Committee, I’ve ob- changed the world’s approach to disability and bookmarked in the computer? Friends and co- served first-hand Alan’s tenacious commitment made groundbreaking contributions to uniting workers will be interviewed to discern the to providing hope and opportunity for millions the disability movement. For that, our entire accused’s politics and worldview. The point of people with disabilities, not only in this nation is deeply grateful to him and extends here is that such chilling examples of state in- country but also worldwide.’’ every good wish to him and his family.

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 20344 EXTENSIONS OF REMARKS September 14, 2005 CELEBRATING THE BIRTH OF status of Ambassador, and Francis transit systems relating to the London ELIZABETH ROSE LAPIERRE Rooney, of Florida, to be Ambassador terrorist attacks. to the Holy See. SD–342 SD–419 HON. JOE WILSON SEPTEMBER 22 OF SOUTH CAROLINA SEPTEMBER 20 10 a.m. IN THE HOUSE OF REPRESENTATIVES 10 a.m. Banking, Housing, and Urban Affairs Banking, Housing, and Urban Affairs Wednesday, September 14, 2005 To hold hearings to examine the finan- To hold hearings to examine the nomina- cial services industry’s responsibilities Mr. WILSON of South Carolina. Mr. Speak- tions of Emil W. Henry, Jr., of New and role in preventing identity theft er, today I am happy to congratulate Amy York, to be Assistant Secretary for Fi- and protecting sensitive financial in- Rose and Steve LaPierre of Fairfax, Virginia, nancial Institutions, Terry Neese, of formation. Oklahoma, to be Director of the Mint, SD–538 on the birth of their beautiful baby girl. Eliza- and Patrick M. O’Brien, of Minnesota, beth Rose LaPierre was born on September 2:30 p.m. to be Assistant Secretary for Terrorist Energy and Natural Resources 14, 2005, at 1:50 p.m., weighing 7 pounds and Financing, all of Department of the National Parks Subcommittee 12 ounces. She has been born into a loving Treasury. To hold hearings to examine S. 435, to home, where she will be raised by parents SD–538 amend the Wild and Scenic Rivers Act who are devoted to her well-being and bright Energy and Natural Resources to designate a segment of the Farm- To hold hearings to examine climate future. Her birth is a blessing. ington River and Salmon Brook in the change science and economics, focusing State of Connecticut for study for po- f on the current state of climate change tential addition to the National Wild scientific research and the economics PERSONAL EXPLANATION and Scenic Rivers System, S. 1096, to of strategies to manage climate change, including the relationship be- amend the Wild and Scenic Rivers Act HON. JEFF FORTENBERRY tween energy consumption and climate to designate portions of the change, and the potential effects on the Musconetcong River in the State of OF NEBRASKA U.S. economy of climate change and New Jersey as a component of the Na- IN THE HOUSE OF REPRESENTATIVES strategies to control greenhouse gas tional Wild and Scenic Rivers System, Wednesday, September 14, 2005 emissions. S. 1310, to authorize the Secretary of SD–366 the Interior to allow the Columbia Gas Mr. FORTENBERRY. Mr. Speaker, on Judiciary Transmission Corporation to increase Tuesday, September 13, 2005, I was unavoid- To hold hearings to examine the taking the diameter of a natural gas pipeline ably detained and thus missed rollcall votes of homes and other private property re- located in the Delaware Water Gap Na- Nos. 465, 466, and 467. Had I been present, lating to the Kelo Decision. tional Recreation Area, S. 1378, to I would have voted ‘‘aye’’ on all three votes. SD–226 amend the National Historic Preserva- Veterans’ Affairs tion Act to provide appropriation au- f To hold joint hearings with the House thorization and improve the operations SENATE COMMITTEE MEETINGS Committee on Veterans Affairs to ex- of the Advisory Council on Historic amine the legislative presentation of Preservation, and S. 1627, to authorize Title IV of Senate Resolution 4, the American Legion. the Secretary of the Interior to con- agreed to by the Senate on February 4, 345 CHOB duct a special resources study to evalu- 1977, calls for establishment of a sys- 2:30 p.m. ate resources along the coastal region tem for a computerized schedule of all Commerce, Science, and Transportation of the State of Delaware and to deter- meetings and hearings of Senate com- Disaster Prevention and Prediction Sub- mine the suitability and feasibility of mittees, subcommittees, joint commit- committee establishing a unit of the National To hold hearings to examine the pre- tees, and committees of conference. Park System in Delaware. diction of Hurricane Katrina and the SD–366 This title requires all such committees work of the National Hurricane Center. to notify the Office of the Senate Daily SD–562 SEPTEMBER 28 Digest—designated by the Rules Com- 2:30 p.m. SEPTEMBER 21 mittee—of the time, place, and purpose Indian Affairs of the meetings, when scheduled, and 9 a.m. To hold an oversight hearing to examine any cancellations or changes in the Agriculture, Nutrition, and Forestry Indian housing. meetings as they occur. To hold hearings to examine the status SR–485 As an additional procedure along of the World Trade Organization nego- tiations on agriculture. SEPTEMBER 29 with the computerization of this infor- SR–328A mation, the Office of the Senate Daily 9:30 a.m. 10 a.m. Digest will prepare this information for Environment and Public Works Indian Affairs printing in the Extensions of Remarks Fisheries, Wildlife, and Water Sub- To hold hearings to examine proposed Duck Valley Reservation, Shoshone section of the CONGRESSIONAL RECORD committee Paiute Tribes, Water Rights Settle- on Monday and Wednesday of each To hold hearings to examine the Endan- ment. week. gered Species Act and the role of States, Tribes and local governments. SR–485 Meetings scheduled for Thursday, SD–406 September 15, 2005 may be found in the Indian Affairs Daily Digest of today’s RECORD. To hold an oversight hearing to examine POSTPONEMENTS MEETINGS SCHEDULED Indian gaming. SR–385 Judiciary SEPTEMBER 21 SEPTEMBER 19 To hold hearings to examine able danger 2 p.m. 2:30 p.m. and intelligence information sharing. Agriculture, Nutrition, and Forestry Foreign Relations SD–226 Forestry, Conservation, and Rural Revital- To hold hearings to examine the nomina- 10 a.m. ization Subcommittee tions of C. Boyden Gray, of the District Homeland Security and Governmental Af- To hold an oversight hearing to examine of Columbia, to be Representative of fairs the Forest and Rangeland Research the United States of America to the To hold hearings to examine what les- Program of the USDA Forest Service. European Union, with the rank and sons have been learned to secure U.S. SR–328A

VerDate Sep 11 2014 08:52 Feb 28, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK15\NO-SSN\BR14SE05.DAT BR14SE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE